FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 471.050 — MO Code / Chapter 471 / Section 471.050
471.050 Law not retroactive.
Status: in_force

471.050. Law not retroactive. — This law shall not apply to the distribution of the property of a person who has died before it takes effect.

(L. 1947 V. I p. 13 § 5)
Mo. Rev. Stat. § 536.130 — MO Code / Chapter 536 / Section 536.130
536.130 Record on judicial review.
Status: in_force

536.130. Record on judicial review. — 1. Within thirty days after the filing of the petition or within such further time as the court may allow, the record before the agency shall be filed in the reviewing court. Such record shall consist of any one of the following:

(1) Such parts of the record, proceedings and evidence before the agency as the parties by written stipulation may agree upon;

(2) An agreed statement of the case, agreed to by all parties and approved as correct by the agency;

(3) A complete transcript of the entire record, proceedings and evidence before the agency. Evidence may be stated in either question and answer or narrative form. Documents may be abridged by omitting irrelevant and formal parts thereof. Any matter not essential to the decision of the questions presented by the petition may be omitted. The decision, order and findings of fact and conclusions of law shall in every case be included.

2. The record filed in the reviewing court shall be properly certified by the agency, and shall be typewritten, mimeographed, printed, or otherwise suitably reproduced. In any case where papers, documents or exhibits are to be made a part of the record in the reviewing court, the originals of all or any part thereof, or photostatic or other copies which may have been substituted therefor, may, if the agency permits, be sent to the reviewing court instead of having the same copied into the record.

3. In any case where any party fails or refuses to agree to the correctness of a record, the agency shall decide as to its correctness and certify the record accordingly. If any party shall be put to additional expense by reason of the failure of another party to agree to a proper shortening of the record, the court may tax the amount of such additional expense against the offending party as costs.

4. The record to be filed in the reviewing court shall be filed by the plaintiff, or at the request of the plaintiff shall be transmitted by the agency directly to the clerk of the reviewing court and by him filed; provided, that when original documents are to be sent to the reviewing court they shall be transmitted by the agency directly, as aforesaid. The court may require or permit subsequent corrections of or additions to the record.

(L. 1945 p. 1504 § 10)
Mo. Rev. Stat. § 260.206 — MO Code / Chapter 260 / Section 260.206
260.206 Owner or operator shall provide quality assurance and quality control ...
Status: in_force

260.206. Owner or operator shall provide quality assurance and quality control oversight of inspections during area closure, postclosure and corrective action plans, requirements — department may suspend, revoke or modify permit. — 1. The owner or operator of a solid waste disposal area shall provide for quality assurance and quality control oversight of inspections during implementation of approved solid waste disposal area closure, postclosure, and corrective action plans. The quality assurance and quality control of inspections shall be conducted for conformance with department-approved plans, specifications, operating procedures, and monitoring programs, and for compliance with any rules or regulations promulgated. For the purposes of this section, all quality assurance and quality control oversight of inspections shall be conducted by a person possessing qualifications specified in rules promulgated by the department. The person performing quality assurance and quality control oversight shall certify that the inspections meet all requirements of applicable law and rules.

2. The department reserves the right to suspend, revoke, or modify the permit if the solid waste disposal area construction or operation does not comply with department-approved plans and specifications, operating procedures, monitoring programs, or any rules governing its design or operation.

(L. 1995 S.B. 60 & 112)
Mo. Rev. Stat. § 546.050 — MO Code / Chapter 546 / Section 546.050
546.050 Misdemeanors may be tried by court.
Status: in_force

546.050. Misdemeanors may be tried by court. — But the defendant and prosecuting attorney, with the assent of the court, may submit the trial of misdemeanors to the court, whose finding in all such offenses shall have the force and effect of the verdict of a jury.

(RSMo 1939 § 4052) Prior revisions: 1929 § 3663; 1919 § 4006; 1909 § 5213 (1953) On appeal, in misdemeanor trial where jury was waived, the finding of the court on the merits must be allowed to stand if supported by substantial evidence. State v. Sargent, 241 A. 1085, 256 S.W.2d 265. (1953) In usury prosecution, where jury is waived and requested declarations of law state correct principles and there is substantial evidence on which to base them, and they are seasonably offered, it is error to refuse to give them. State v. Sargent, 241 A. 1085, 256 S.W.2d 265. (1962) Where defendant in a misdemeanor case is present and represented by counsel, and there is no request for a jury, his consent to be tried by the court is presumed. State v. Belleville (A.), 362 S.W.2d 77.
Mo. Rev. Stat. § 537.354 — MO Code / Chapter 537 / Section 537.354
537.354 Prescribed burning act — definitions — immunity from liability, when — ...
Status: in_force

537.354. Prescribed burning act — definitions — immunity from liability, when — inapplicability, when. — 1. This section shall be known and may be cited as the "Prescribed Burning Act".

2. As used in this section, the following terms mean:

(1) "Agent of an owner of land" , any person who has permission from a landowner to participate in a prescribed burning on the landowner's property;

(2) "Certified prescribed burn manager" , a person who successfully completes a prescribed burn certification program approved by the Missouri department of conservation;

(3) "Prescribed burn plan" , a written plan that is in a format approved by the Missouri department of conservation establishing the conditions and methods to perform a prescribed burning;

(4) "Prescribed burning" , the planned and controlled application of fire to existing vegetative fuels in order to accomplish one or more specific land management objectives including, but not limited to, vegetative fuel reduction, silvicultural treatments, wildlife habitat improvement, and management of grassland and other plant communities.

3. No owner of land or agent of an owner of land shall be liable for damage, injury, or loss caused by a prescribed burning or the resulting smoke of a prescribed burning unless the owner of land or agent of an owner of land is proven to be negligent.

4. No certified prescribed burn manager shall be liable for damage, injury, or loss caused by a prescribed burning or the resulting smoke of a prescribed burning conducted under a prescribed burn plan unless the certified prescribed burn manager is proven to be negligent.

5. The provisions of subsections 3 and 4 of this section shall not apply to any damage, injury, or loss caused by a prescribed burning or the resulting smoke from a prescribed burning to any of the following:

(1) Property, lands, rights-of-way, or easements owned by a public utility or municipally owned utility;

(2) Property, lands, rights-of-way, or easements owned by a rural electric cooperative organized or operating under the provisions of chapter 394 , or any corporation organized on a nonprofit or cooperative basis as described in subsection 1 of section 394.200 , or any electrical corporation operating under a cooperative business plan as described in subsection 2 of section 393.110 ; or

(3) Property, lands, rights-of-way, or easements appurtenant or incidental to lands controlled by any railroad.

(L. 2021 H.B. 369)
Mo. Rev. Stat. § 163.042 — MO Code / Chapter 163 / Section 163.042
163.042 Option district election, effect of — notification to department of election.
Status: in_force

163.042. Option district election, effect of — notification to department of election. — 1. Any board of any school district may elect in any fiscal year to be considered an option district. Such option districts shall not be entitled to any state aid under section 163.031 or 163.043 . In exchange for forgoing state aid, option districts shall be granted waivers from all Missouri school improvement plan provisions and any requirements otherwise imposed on the school district related to the authority of the state board of education to classify school districts under section 161.092 , all fund transfer restrictions under chapter 165 , and such other rules as determined by the commissioner of education. Nothing in this section exempts any school district from its requirement to administer the state assessment. Further, such districts may choose not to comply with any requirements of federal law and any funding attached to such requirements, provided that such noncompliance is not prohibited under federal law. In any year in which a district elects to be an option district, no locally generated revenue shall be transferred to the state in any manner whatsoever.

2. Between June first and June thirtieth of each year, any board of any district electing to be considered an option district for the following fiscal year shall notify the department of elementary and secondary education of such intention. The department shall promulgate rules concerning the specific eligibility criteria for a district to become and apply for option district status.

(L. 2005 S.B. 287) Effective 7-01-06
Mo. Rev. Stat. § 260.437 — MO Code / Chapter 260 / Section 260.437
260.437 Rules and regulations, authority.
Status: in_force

260.437. Rules and regulations, authority. — 1. In addition to any other powers vested in it by law, the commission shall have the power to adopt, amend or repeal, after due notice and public hearing, standards, rules and regulations to implement sections 260.435 to 260.482 .

2. Except as provided in sections 260.565 to 260.573 , the commission shall not promulgate rules that are stricter than, apply prior to, or apply mandatory obligations outside of the requirements of Title 40, U.S. Code of Federal Regulations, Part 300, as promulgated pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, as amended.

3. The commission shall file with the Missouri secretary of state any amendments necessary to ensure that rules are not inconsistent with the provisions of this section. Any rule contained in the Missouri code of state regulations that is inconsistent with the provisions of this section shall be null and void to the extent that it is inconsistent, and the least stringent rule shall control. Any such rule that applies mandatory obligations outside of the requirements of Title 40, U.S. Code of Federal Regulations, Part 300, as promulgated pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, shall be null and void.

4. Any rule or portion of a rule, as that term is defined in section 536.010 , that is created under the authority delegated in sections 260.435 to 260.482 shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028 . This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2022, shall be invalid and void.

(L. 1983 H.B. 528, A.L. 1995 S.B. 3, A.L. 2022 H.B. 2485)
Mo. Rev. Stat. § 108.300 — MO Code / Chapter 108 / Section 108.300
108.300 Provisions not applicable to certain counties, cities or school districts.
Status: in_force

108.300. Provisions not applicable to certain counties, cities or school districts. — Nothing in the provisions of sections 108.240 to 108.300 relating to the registration of bonds shall be so construed as to include any bonds that have been or may be issued by any county of the first classification or city or school district having a population of over sixty-five thousand inhabitants, as established by the last United States census.

(RSMo 1939 § 3305, A.L. 1945 p. 595, A.L. 1951 p. 798, A.L. 1993 S.B. 339) Prior revisions: 1929 § 2919; 1919 § 1067; 1909 § 1279
Mo. Rev. Stat. § 135.115 — MO Code / Chapter 135 / Section 135.115
135.115 Vesting of tax credits, when — waiver, applicable when.
Status: in_force

135.115. Vesting of tax credits, when — waiver, applicable when. — The right to receive the tax credits described in section 135.110 shall vest in the taxpayer upon commencement of operations of the revenue-producing enterprise, but the taxpayer shall waive such vested right for any given year in which the taxpayer fails to meet the terms and conditions of sections 135.100 to 135.150 . Representations made by the department of economic development and relied upon in good faith by the taxpayer shall be binding upon the state of Missouri to the extent such representations are consistent with the provisions of this chapter. The provisions of this section shall apply to all revenue-producing enterprises which are eligible for incentives pursuant to this section and which commenced operations on or after January 1, 1990, to the extent such incentives do not exceed the ten-year limitation set forth in subsection 1 of section 135.110 .

(L. 1999 H.B. 701)
Mo. Rev. Stat. § 324.730 — MO Code / Chapter 324 / Section 324.730
324.730 Visibility and unsafe weather conditions, restrictions on move.
Status: in_force

324.730. Visibility and unsafe weather conditions, restrictions on move. — No move will be made when atmospheric conditions render visibility lower than safe for travel. Moves will not be made when highways are covered with snow or ice, or at any time travel conditions are considered unsafe by the director or highway patrol or other law enforcement officers having jurisdiction.

(L. 2001 H.B. 567)
Mo. Rev. Stat. § 208.337 — MO Code / Chapter 208 / Section 208.337
208.337 Accounts for children with custodial parents in JOBS (or FUTURES), ...
Status: in_force

208.337. Accounts for children with custodial parents in JOBS (or FUTURES), conditions, limitations — waivers required. — 1. The division may deposit funds into an account on behalf of children whose custodial parent is a participant in the program authorized pursuant to the provisions of sections 208.400 to 208.425 , and whose noncustodial parent is participating in a state job training and adult educational program approved by the family support division. If agreed upon by the parties, funds may also be deposited for this purpose when the noncustodial parent terminates participation in the job training or educational program, until the custodial parent completes participation in the program authorized pursuant to the provisions of sections 208.400 to 208.425 . The amount deposited for each child shall not exceed the portion of current child support paid by the noncustodial parent, to which the state of Missouri is entitled according to applicable state and federal laws. Money so received shall be governed by this section notwithstanding other state laws and regulations to the contrary.

2. Any money deposited by the division on behalf of a child, as provided in subsection 3 of this section, shall be accounted for in the name of the child. Any money in the account of a child may be expended only for care or services for the child as agreed upon by both parents. The division shall, by rule adopted pursuant to section 454.400 and chapter 536 , establish procedures for the establishment of the accounts, use, expenditure, and accounting of the money, and the protection of the money against theft, loss or misappropriation.

3. The division shall deposit money appropriated for the purposes of this section with the state treasurer. Any earnings attributable to the money in the account of a child shall be credited to that child's account.

4. Each child for whose benefit funds have been received by the division, and the parents of such child, shall be furnished annually by the division of finance and administrative services of the department of social services with a statement listing all transactions involving the funds which have been deposited on the child's behalf, to include each receipt and disbursement, if any.

5. (1) The director of the department of social services shall apply for all waivers of requirements under federal law to implement the provisions of this section.

(2) This program shall not be implemented until the waiver has been obtained from the Secretary of the Department of Health and Human Services by the director of the department of social services.

(L. 1994 H.B. 1547 & 961 § 4, A.L. 2014 H.B. 1299 Revision)
Mo. Rev. Stat. § 136.040 — MO Code / Chapter 136 / Section 136.040
136.040 Director to appoint assistants — bonds.
Status: in_force

136.040. Director to appoint assistants — bonds. — 1. The director of revenue shall employ and remove such assistants, clerks and other employees in the division of taxation and collection as the work of the division may require, within the limits of the appropriation, and to fix their compensation.

2. The director of revenue shall have the power to require that any assistants, clerks and other employees in the division of taxation and collection shall execute bond to the state of Missouri in such amount as he may determine and with sureties to be approved by him. The premium of each such bond shall be paid out of the appropriation for the department of revenue.

(L. 1945 p. 1428 § 12, A.L. 1947 V. I p. 479)
Mo. Rev. Stat. § 265.470 — MO Code / Chapter 265 / Section 265.470
265.470 Director and applicant placed under state department of elementary and ...
Status: in_force

265.470. Director and applicant placed under state department of elementary and secondary education relative to licenses. — Insofar as issuance, revocation or suspension of any license hereunder is concerned, the director and the licensee or applicant for license shall come under the provisions of chapter 621 .

(L. 1967 p. 371 § 20)
Mo. Rev. Stat. § 81.180 — MO Code / Chapter 81 / Section 81.180
81.180 Acquired property — management, regulation (cities of 10,000 to 30,000).
Status: in_force

81.180. Acquired property — management, regulation (cities of 10,000 to 30,000). — Any such city may procure by purchase, condemnation, gift or otherwise, within the city or beyond the limits thereof, property for the use of the city in and for the performance of its functions, and may manage and regulate the uses thereof and may sell, lease or otherwise dispose of the same.

(RSMo 1939 § 7482) Prior revisions: 1929 § 7329; 1919 § 8743
Mo. Rev. Stat. § 30.120 — MO Code / Chapter 30 / Section 30.120
30.120 Treasurer to appoint assistant treasurer and other clerical employees — fix ...
Status: in_force

30.120. Treasurer to appoint assistant treasurer and other clerical employees — fix compensation — liable for acts of assistant treasurer. — The state treasurer shall have the power to appoint and fix the compensation of one assistant treasurer and the clerks and other employees that are necessary in the performance of his duties under the law. Each appointment, with the oath of office endorsed thereon, shall be filed in the office of the secretary of state, before the appointee enters upon his duties. The assistant treasurer shall be competent to perform and, when appointed, may perform the duties of the office. The treasurer, and his sureties on his official bond, shall be liable for the official acts, misfeasance or defalcation of the assistant treasurer.

(RSMo 1939 § 13017, A.L. 1945 p. 1977 § 7, A.L. 1963 p. 100) Prior revisions: 1929 § 11395; 1919 § 13292; 1909 § 11804
Mo. Rev. Stat. § 491.030 — MO Code / Chapter 491 / Section 491.030
491.030 Adverse party may be compelled to testify in civil cases.
Status: in_force

491.030. Adverse party may be compelled to testify in civil cases. — Any party to any civil action or proceeding may compel any adverse party, or any person for whose immediate and adverse benefit such action or proceeding is instituted, prosecuted or defended, to testify as a witness in his behalf, in the same manner and subject to the same rules as other witnesses; provided, that the party so called to testify may be examined by the opposite party, under the rules applicable to the cross-examination of witnesses.

(RSMo 1939 § 1889) Prior revisions: 1929 § 1725; 1919 § 5412; 1909 § 6356 (1969) Held, the exception to the rule that a party may not impeach his own witness exists where the witness is confronted with his own prior inconsistent statement. Wells v. Gofort (Mo. Banc), 443 S.W.2d 155. (1976) Held, where plaintiff called defendant as his witness he is not bound by his testimony unless it is the only testimony in the case on that point. Lamb v. Heiligers (A.), 532 S.W.2d 820.
Mo. Rev. Stat. § 414.142 — MO Code / Chapter 414 / Section 414.142
414.142 Rules, authority, promulgation.
Status: in_force

414.142. Rules, authority, promulgation. — The director of agriculture and the director of revenue may promulgate such rules as shall not be inconsistent with the provisions of this chapter and which in their judgment will best serve to carry out the purpose thereof. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024 .

(L. 1987 S.B. 249, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)
Mo. Rev. Stat. § 359.231 — MO Code / Chapter 359 / Section 359.231
359.231 Admission of additional general partners, when.
Status: in_force

359.231. Admission of additional general partners, when. — After the filing of a limited partnership's original certificate of limited partnership, additional general partners may be admitted as provided in writing in the partnership agreement or, if the partnership agreement does not provide in writing for the admission of additional general partners, with the specific written consent of all partners.

(L. 1985 H.B. 512 & 650, A.L. 1990 H.B. 1432)
Mo. Rev. Stat. § 271.150 — MO Code / Chapter 271 / Section 271.150
271.150 Amount for keeping stray.
Status: in_force

271.150. Amount for keeping stray. — If the owner and taker-up cannot agree in the amount for keeping said stray, it shall be decided by the associate circuit judge before whom the stray is proved, who shall take into consideration both the cost of keeping and the use and service of such stray.

(RSMo 1939 § 14512) Prior revisions: 1929 § 12838; 1919 § 4328; 1909 § 829
Mo. Rev. Stat. § 351.125 — MO Code / Chapter 351 / Section 351.125
351.125 Fees.
Status: in_force

351.125. Fees. — Every corporation required to register under the provisions of this chapter shall pay to the state a fee of forty dollars for its corporate registration if the report is filed in a written format. The fee is fifteen dollars for each corporate registration report filed via an electronic format prescribed by the secretary of state. Biennial corporate registration reports filed under section 351.122 shall require the fee prescribed in that section. If a corporation fails to file a corporation registration report when due, it shall be assessed, in addition to its regular registration fee, a late fee of fifteen dollars for each thirty-day period within which the registration report is filed whether in writing or in an electronic format. If the registration report is not filed within ninety days, the secretary of state may proceed with administrative dissolution of such corporation under sections 351.484 and 351.486 .

(RSMo 1939 § 5089, A.L. 1943 p. 410 § 116, A.L. 1975 S.B. 14, A.L. 1986 H.B. 1436, A.L. 1987 H.B. 349, A.L. 2004 H.B. 1664, A.L. 2009 H.B. 481) Prior revisions: 1929 § 4617; 1919 § 9811