FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 169.663 — MO Code / Chapter 169 / Section 169.663
169.663 Disability retirement, when — return to duty, effect of disability payments ...
Status: in_force

169.663. Disability retirement, when — return to duty, effect of disability payments — disability defined. — 1. On or after July first next following October 13, 1969, any member who is serving an employer included in the system at the time the member becomes disabled, or who has served in such a district at some time in the twelve months immediately preceding the member's becoming disabled, and whose disability is traceable to an injury or sickness which was sustained or commenced prior to the cessation of such service, and whose age is less than sixty and whose creditable service is five years or more, may be retired with disability benefits upon written application to the board of trustees, if the member is incapacitated because of physical or mental disability as such disability is herein defined. If such disability shall cease to exist before the recipient of such benefits reaches age sixty, the member's membership status as of the date of the member's disability retirement shall be restored. If the member dies before becoming eligible for a retirement allowance, or if the member seeks to withdraw the member's accumulated contributions, the total of such disability payments shall be deducted from the amount otherwise due the member, the member's beneficiary, or the member's estate.

2. Disability, as a basis for retirement, shall render the individual incapable of earning a livelihood in any occupation and shall be of such nature as to warrant the assumption that it will be permanent. Whether or not such disability exists, in any case, shall be adjudged in the manner provided in subsection 15 of section 169.020 by the board of trustees on the basis of evidence that the board by its regulations may require.

3. For the purposes of adjustments to Social Security Administration disability benefits pursuant to 20 CFR 404.408 any member receiving disability benefits pursuant to this section who is at least fifty-five years of age and whose creditable service is at least twenty-five years shall be considered to be receiving a normal retirement benefit pursuant to this section.

(L. 1969 p. 284, A.L. 1984 S.B. 407, A.L. 1995 S.B. 378, A.L. 2000 H.B. 1808) Effective 7-1-00
Mo. Rev. Stat. § 192.2556 — MO Code / Chapter 192 / Section 192.2556
192.2556 Child care facility license required — employees considered child care ...
Status: in_force

192.2556. Child care facility license required — employees considered child care staff members, when. — 1. All applicants for or holders of a license to operate a prescribed pediatric extended care facility shall have an active, nonsuspended license to operate a child care facility issued by the department of elementary and secondary education.

2. All persons employed by the prescribed pediatric extended care facility for compensation, including contract employees or self-employed individuals, and individuals or volunteers whose activities involve the care or supervision of children for a prescribed pediatric extended care provider or unsupervised access to children who are cared for or supervised by a prescribed pediatric extended care provider shall be considered a child care staff member, as that term is defined in section 210.1080 , and shall comply with all requirements under that section and regulations promulgated pursuant thereto.

(L. 2024 S.B. 1111)
Mo. Rev. Stat. § 199.280 — MO Code / Chapter 199 / Section 199.280
199.280 Department authority in response to outbreaks.
Status: in_force

199.280. Department authority in response to outbreaks. — The department retains all powers granted under section 192.020 in responding to tuberculosis cases, outbreaks, and tuberculosis disease investigations.

(L. 2013 S.B. 197)
Mo. Rev. Stat. § 85.610 — MO Code / Chapter 85 / Section 85.610
85.610 Marshal — powers.
Status: in_force

85.610. Marshal — powers. — The marshal in cities of the fourth class shall be chief of police, and shall have power at all times to make or order an arrest, with proper process, for any offense against the laws of the city or of the state, and to keep the offender in the city prison or other proper place to prevent his escape until a trial can be had before the proper officer, unless such offender shall give a good and sufficient bond for his appearance for trial. The marshal shall also have power to make arrests without process, in all cases in which any offenses against the laws of the city or of the state shall be committed in his presence.

(RSMo 1939 § 7125, A. 1949 H.B. 2034) Prior revisions: 1929 § 6975; 1919 § 8426; 1909 § 9328 CROSS REFERENCE: Police jurisdiction over city property outside city, 79.380 (1957) Marshal of city of fourth class has no authority under this section to make arrests for violation of city ordinance beyond city limits. City of Advance ex rel. Henley v. Maryland Casualty Co. (Mo.), 302 S.W.2d 28. (1988) Police officer of fourth class city not authorized to make arrest outside city limits even if offense committed in his presence or pursuit began in city. City of Fredericktown v. Bell, 761 S.W.2d 715 (Mo.App.).
Mo. Rev. Stat. § 379.195 — MO Code / Chapter 379 / Section 379.195
379.195 Accident insurance liability fixed, when — cancellation prohibited.
Status: in_force

379.195. Accident insurance liability fixed, when — cancellation prohibited. — 1. In respect to every contract of insurance made between an insurance company, person, firm or association, whether a stock, a mutual, a reciprocal or other company, association or organization, and any person, firm or corporation, by which such person, firm or corporation is insured against loss or damage on account of the bodily injury or death or damage to property by accident of any person, for which loss or damage such person, firm or corporation is responsible, whenever a loss occurs on account of a casualty covered by such contract of insurance, the liability of the insurance company, if liability there be, shall become absolute, and the payment of said loss shall not depend upon the satisfaction by the assured of a final judgment against him for loss, or damage, or death, or if the insured becomes insolvent or discharged in bankruptcy during the period that the policy is in operation or any part is due or unpaid, occasioned by said casualty.

2. No such contract of insurance shall be cancelled or annulled by any agreement between the insurance company and the assured after the said assured has become responsible for such loss or damage, and any such cancellation or annulment shall be void.

(RSMo 1939 § 6009) Prior revision: 1929 § 5898 CROSS REFERENCE: Claimant and tort-feasor may contract to limit recovery to amount covered by specific insurer, 537.065 (1957) Oral agreement to provide insurance from March 31, 1955, held not merged in policy issued to cover period beginning April 19, 1955, where such policy was not accepted and such oral contract could not be modified after a loss. Am. Surety Co. of N.Y. v. Williford, 243 F.2d 494. (1964) In action by injured party against the insurer, after judgment has been obtained by the injured party against insured, the injured party stands in shoes of insured and his rights are no greater and no less than insured's would have been in action against insurer had insured paid the judgment to injured party. Meyers v. Smith (Mo.), 375 S.W.2d 9.
Mo. Rev. Stat. § 55.091 — MO Code / Chapter 55 / Section 55.091
55.091 Compensation of county auditor — training program, attendance required, ...
Status: in_force

55.091. Compensation of county auditor — training program, attendance required, when, expenses, compensation (second, third and fourth class counties and Clay County). — 1. The county auditor in any county, other than in a first classification chartered county or a first classification county not having a charter form of government and not containing any part of a city with a population of three hundred thousand or more, shall receive an annual salary computed on an assessed valuation basis as set forth in the following schedule. The assessed valuation factor shall be the amount thereof as shown for the year next preceding the computation. The provisions of this section shall not permit or require a reduction in the amount of compensation being paid for the office of auditor on January 1, 1997.

2. Two thousand dollars of the salary authorized in this section shall be payable to the auditor only if the auditor has completed at least twenty hours of classroom instruction each calendar year relating to the operations of the auditor's office when approved by a professional association of the county auditors of Missouri unless exempted from the training by the professional association. The professional association approving the program shall provide a certificate of completion to each auditor who completes the training program and shall send a list of certified auditors to the treasurer of each county. Expenses incurred attending the training session may be reimbursed to the county auditor in the same manner as other expenses as may be appropriated for that purpose.

3. The county auditor in any county, other than a first classification charter county, shall not, except upon two-thirds vote of all the members of the salary commission, receive an annual compensation less than the total compensation being received for the office of county auditor in the particular county for services rendered or performed on the date the salary commission votes.

(L. 1987 S.B. 65, et al. § 2, A.L. 1988 S.B. 431, A.L. 1997 S.B. 11) CROSS REFERENCE: Compensation in certain first classification counties, 50.343
Mo. Rev. Stat. § 374.500 — MO Code / Chapter 374 / Section 374.500
374.500 Definitions.
Status: in_force

374.500. Definitions. — As used in sections 374.500 to 374.515 , the following terms mean:

(1) "Certificate" , a certificate of registration granted by the department of commerce and insurance to a utilization review agent;

(2) "Director" , the director of the department of commerce and insurance;

(3) "Enrollee" , an individual who has contracted for or who participates in coverage under a health insurance policy, an employee welfare benefit plan, a health services corporation plan or any other benefit program providing payment, reimbursement or indemnification for health care costs for himself or eligible dependents or both himself and eligible dependents. The term "enrollee" shall not include an individual who has health care coverage pursuant to a liability insurance policy, workers' compensation insurance policy, or medical payments insurance issued as a supplement to a liability policy;

(4) "Provider of record" , the physician or other licensed practitioner identified to the utilization review agent as having primary responsibility for the care, treatment and services rendered to an enrollee;

(5) "Utilization review" , a set of formal techniques designed to monitor the use of, or evaluate the clinical necessity, appropriateness, efficacy, or efficiency of, health care services, procedures, or settings. Techniques may include ambulatory review, prior authorization review, second opinion, certification, concurrent review, case management, discharge planning or retrospective review. Utilization review shall not include elective requests for clarification of coverage;

(6) "Utilization review agent" , any person or entity performing utilization review, except:

(a) An agency of the federal government;

(b) An agent acting on behalf of the federal government, but only to the extent that the agent is providing services to the federal government; or

(c) Any individual person employed or used by a utilization review agent for the purpose of performing utilization review services, including, but not limited to, individual nurses and physicians, unless such individuals are providing utilization review services to the applicable benefit plan, pursuant to a direct contractual relationship with the benefit plan;

(d) An employee health benefit plan that is self-insured and qualified pursuant to the federal Employee Retirement Income Security Act of 1974, as amended;

(e) A property-casualty insurer or an employee or agent working on behalf of a property-casualty insurer;

(f) A health carrier, as defined in section 376.1350 , that is performing a review of its own health plan;

(7) "Utilization review plan" , a summary of the utilization review procedures of a utilization review agent.

(L. 1991 S.B. 352 § 1, A.L. 1993 H.B. 709, A.L. 1997 H.B. 335, A.L. 2019 S.B. 514)
Mo. Rev. Stat. § 536.035 — MO Code / Chapter 536 / Section 536.035
536.035 Rules and orders to be permanent public record — executive orders to be ...
Status: in_force

536.035. Rules and orders to be permanent public record — executive orders to be published in the Missouri Register. — 1. All rules or executive orders filed with the secretary of state pursuant to sections 536.015 to 536.043 shall be retained permanently and shall be open to public inspection at all reasonable times.

2. Beginning January 1, 2003, all executive orders issued after said date shall be published in the Missouri Register.

(L. 1975 S.B. 58, A.L. 2002 S.B. 812)
Mo. Rev. Stat. § 380.211 — MO Code / Chapter 380 / Section 380.211
380.211 New companies prohibited, when.
Status: in_force

380.211. New companies prohibited, when. — No company shall be incorporated under the provisions of sections 380.201 to 380.601 after January 1, 1985.

(L. 1984 H.B. 1498) Effective 1-01-85
Mo. Rev. Stat. § 469.290 — MO Code / Chapter 469 / Section 469.290
469.290 Deposit in name of fiduciary as such.
Status: in_force

469.290. Deposit in name of fiduciary as such. — If a deposit is made in a bank to the credit of a fiduciary as such, the bank is authorized to pay the amount of the deposit or any part thereof upon the check of the fiduciary, signed with the name in which such deposit is entered, without being liable to the principal, unless the bank pays the check with actual knowledge that the fiduciary is committing a breach of his obligation as fiduciary in drawing the check or with knowledge of such facts that its action in paying the check amounts to bad faith. If, however, such a check is payable to the drawee bank and is delivered to it in payment of or as security for a personal debt of the fiduciary to it, the bank is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in drawing or delivering the check.

(L. 1959 S.B. 121 § 7, A.L. 2004 H.B. 1511) Transferred 2004; formerly 456.290
Mo. Rev. Stat. § 140.460 — MO Code / Chapter 140 / Section 140.460
140.460 Execution of conveyance — form.
Status: in_force

140.460. Execution of conveyance — form. — 1. Such conveyance shall be executed by the county collector, under his hand and seal, and acknowledged before the county recorder or any other officer authorized to take acknowledgments and the same shall be recorded in the recorder's office before delivery; a fee for recording shall be paid by the purchaser and shall be included in the costs of sale.

2. Such deed shall be prima facie evidence that the property conveyed was subject to taxation at the time assessed, that the taxes were delinquent and unpaid at the time of sale, of the regularity of the sale of the premises described in the deed, and of the regularity of all prior proceedings, that said land or lot had not been redeemed and that the period therefor had elapsed, and prima facie evidence of a good and valid title in fee simple in the grantee of said deed; and such deed shall be in the following form, as nearly as the nature of the case will admit, namely:

(RSMo 1939 § 11150, A.L. 2013 H.B. 175 merged with S.B. 248) (1976) Tax deed held void for failure to state the years of nonpayment of taxes as required by this section despite fact it was amended and rerecorded because amended deed was not reexecuted by collector or rewitnessed by county clerk or reacknowledged. Heppler v. Esther (A.), 534 S.W.2d 533.
Mo. Rev. Stat. § 230.225 — MO Code / Chapter 230 / Section 230.225
230.225 Township and special road districts abolished, when — districts in more ...
Status: in_force

230.225. Township and special road districts abolished, when — districts in more than one county, how handled. — 1. All township road districts in counties adopting sections 230.200 to 230.260 are abolished and all assets and liabilities of each township road district shall be transferred to the county highway commission within thirty days of the adoption of sections 230.200 to 230.260 by the county.

2. All special road districts in counties adopting sections 230.200 to 230.260 are abolished and all assets and liabilities of each special road district shall be transferred to the county highway commission within thirty days of the adoption of sections 230.200 to 230.260 by the county. Whenever any district is located in more than one county, the assets and liabilities of the district shall be transferred to the county adopting sections 230.200 to 230.260 in the proportion that the assessed valuation of that part of the district lying in the adopting county bears to the total assessed value of the district.

(L. 1971 H.B. 105 § 6)
Mo. Rev. Stat. § 66.630 — MO Code / Chapter 66 / Section 66.630
66.630 Taxes on motor vehicles, trailers, boats and outboard motors — how ...
Status: in_force

66.630. Taxes on motor vehicles, trailers, boats and outboard motors — how collected and distributed (St. Louis County). — 1. County sales taxes imposed pursuant to sections 66.600 to 66.630 on the purchase and sale of motor vehicles, trailers, boats, and outboard motors shall not be collected and remitted by the seller, but shall be collected by the director of revenue at the time application is made for a certificate of title, if the address of the applicant is within a county imposing a county sales tax. The amounts so collected, less the one percent collection cost, shall be deposited in the county sales tax trust fund to be distributed in accordance with section 66.620 until March 31, 1988. Beginning April 1, 1988, seventy-five percent of the distributable sales tax revenue shall be distributed in accordance with section 66.620 . The remaining twenty-five percent of the distributable sales tax revenue shall be held in an interest-bearing account and, less annual costs of distribution, shall be distributed monthly to each city, town or village and the county based upon the number of transactions occurring within each city, town or village and the unincorporated area of the county during the preceding month as reported to the department of revenue in the monthly dealer sales report subject, however, to the redistribution formula defined in section 66.620 and, except that any city, town or village and the county contained in group B as defined in section 66.620 shall have distributed to it by the director of revenue its share of the remaining twenty-five percent as calculated herein in accordance with section 66.620 . The cost incurred by the department of revenue for distribution shall be paid by each city, town or village in proportion to the number of transactions occurring within its boundaries and shall be deducted annually from such distributable revenue. In the event that an alternative distribution system is adopted pursuant to section 67.581 , all of the moneys collected under this section shall be distributed in accordance with that formula. The purchase or sale of motor vehicles, trailers, boats, and outboard motors shall be deemed to be consummated at the address of the applicant.

2. As used in this section, the term "boat" shall only include motorboats and vessels as the terms "motorboat" and "vessel" are defined in section 306.010 .

(L. 1977 S.B. 234 § 6, A.L. 1985 H.B. 280, et al., A.L. 1987 H.B. 210, A.L. 1991 H.B. 29, A.L. 1993 H.B. 618)
Mo. Rev. Stat. § 476.803 — MO Code / Chapter 476 / Section 476.803
476.803 Appointment of interpreters and translators, when — waiver, when — oath ...
Status: in_force

476.803. Appointment of interpreters and translators, when — waiver, when — oath required. — 1. The courts shall appoint qualified interpreters and translators in all legal proceedings in which the non-English speaking person is a party or a witness.

2. Any non-English speaking party or any party who intends to call a non-English speaking witness shall provide such prior notice to the court of the need for an interpreter or translator as may be required by court rules.

3. The appointing authority shall appoint a qualified interpreter to assist the non-English speaking parent, guardian, or custodian of a juvenile brought before the court.

4. The court may accept a waiver of the right to a qualified interpreter by a non-English speaking person at any point in the court proceeding if the court advises the person of the nature and effect of the waiver and determines that the waiver has been made knowingly, intelligently, and voluntarily. The non-English speaking person may retract his or her waiver and request that a qualified interpreter shall be appointed.

5. An interpreter shall take an oath that he or she will make a true interpretation to the party or witness in a language that the party or witness understands and that he or she will make a true interpretation of the party or witness' answers to questions to counsel, court, or jury, in the English language, with his or her best skill and judgment. The interpreter shall not give explanations or legal advice or express personal opinions.

6. An interpreter or translator cannot be compelled to testify as to the information that would otherwise be protected by attorney-client privilege as between the party and his or her attorney.

(L. 2004 S.B. 1211 § 476.810)
Mo. Rev. Stat. § 426.010 — MO Code / Chapter 426 / Section 426.010
426.010 Voluntary assignment — execution of.
Status: in_force

426.010. Voluntary assignment — execution of. — Every voluntary assignment of lands, tenements, goods, chattels, effects and credits made by a debtor to any person in trust for his creditors, shall be for the benefit of all the creditors of the assignor in proportion to their respective claims; and every provision in any assignment providing for the payment of one debt or liability in preference to another shall be void, and all debts and liabilities (including judgments entered by confession thirty days previous to such assignment) shall be paid pro rata from the assets thereof; and every such assignment shall be proved or acknowledged, and certified and recorded in the same manner as is prescribed by law in cases wherein real estate is conveyed.

(RSMo 1939 § 5739) Prior revisions: 1929 § 5629; 1919 § 623; 1909 § 896 (1960) The payment of the fee of an attorney employed by the assignor and subsequently by the assignee for the benefit of creditors held not violative of the anti reference statute of Missouri. Abrams v. United States, 274 F.2d 8.
Mo. Rev. Stat. § 88.127 — MO Code / Chapter 88 / Section 88.127
88.127 Construction of law — limit on frequency of assessment.
Status: in_force

88.127. Construction of law — limit on frequency of assessment. — Sections 88.107 to 88.127 shall be liberally construed so as to prevent private property that has been in good faith benefitted by local public improvements from escaping payment of its just share of the value thereof; and shall apply to all cases wherein original assessments for local improvements are made. No reassessment shall be made under sections 88.107 to 88.127 unless the ordinance authorizing it is passed and becomes effective within two years after the previous assessment has been declared to be invalid, in whole or in part. Parts of previous assessments which are not invalid under the ruling of some appellate court of competent jurisdiction are not in any way affected by sections 88.107 to 88.127 .

(RSMo 1939 § 7386, A.L. 1957 p. 240) Prior revisions: 1929 § 7235; 1919 § 8667