FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 208.784 — MO Code / Chapter 208 / Section 208.784
208.784 Coordination of prescription drug coverage with Medicare Part D — ...
Status: in_force

208.784. Coordination of prescription drug coverage with Medicare Part D — enrollment in program — Medicaid dual eligibles, effect of. — 1. The program shall coordinate prescription drug coverage with the Medicare Part D prescription drug benefit, including related supplies as determined by the department, who :

(1) Is a resident of the state of Missouri and is either:

(a) Sixty-five years of age or older; or

(b) Is disabled and receiving a Social Security benefit and is enrolled in the Medicare program;

(2) Is enrolled in a Medicare Part D drug plan;

(3) Is not a member of a retirement plan that is receiving a benefit under the Medicare Prescription Drug, Improvement and Modernization Act of 2003, P.L. 108-173.

2. The department shall give initial enrollment priority to the Medicaid dual eligible population. A second enrollment priority will be afforded to Medicare-eligible applicants with annual household incomes at or below one hundred fifty percent of the federal poverty guidelines who also meet the asset test. Medicaid dual eligible persons may be automatically enrolled into the program, as long as they may opt out of the program if they so choose. The department shall determine the procedures for automatic enrollment in, and election out of, the Missouri Rx plan. Applicants meeting the eligibility requirements set forth in this section may begin enrolling in the program as determined by the department.

3. An individual or married couple who meet the eligibility requirements in subsection 1 of this section and who are not Medicaid dual eligible persons may apply for enrollment in the program by submitting an application to the department, or the department's designee, that attests to the age, residence, household income, and liquid assets of the individual or couple.

(L. 2005 S.B. 539, A.L. 2006 S.B. 1117) Terminates 8-28-29; see § 208.798
Mo. Rev. Stat. § 201.010 — MO Code / Chapter 201 / Section 201.010
201.010 Definitions.
Status: in_force

201.010. Definitions. — As used in this chapter, the following terms mean:

(1) "Administrator" , the department of health and senior services;

(2) "Child" , any persons under twenty-one years of age;

(3) "Service" , the children's special health care needs service;

(4) "Services" , medical, surgical, corrective, diagnostic, hospitalization, and related services, including after care, and all things reasonably incident and necessary to make the service available to the child.

(L. 1959 S.B. 368 § 1, A.L. 2010 H.B. 1270) CROSS REFERENCE: Department of health and senior services, authority to administer children's special health care needs service, 192.005
Mo. Rev. Stat. § 137.081 — MO Code / Chapter 137 / Section 137.081
137.081 New political subdivisions, assessment, effective when.
Status: in_force

137.081. New political subdivisions, assessment, effective when. — For purposes of assessment under this chapter, any new political subdivision that is created by approval of the voters before July first of any assessment year shall be considered effective for assessment purposes upon certification of such vote. If the new political subdivision is created by approval of the voters on or after July first of the current assessment year, the new political subdivision shall be considered effective for assessment purposes in the following assessment year.

(L. 2015 H.B. 616)
Mo. Rev. Stat. § 369.708 — MO Code / Chapter 369 / Section 369.708
369.708 Law to apply.
Status: in_force

369.708. Law to apply. — A savings bank shall follow the provisions of chapter 361 and chapter 362 as if it were a bank organized pursuant to those chapters for the following:

(1) To apply for and to operate branch offices;

(2) To purchase real estate or organize subsidiary corporations;

(3) To amend its articles of association and bylaws; and

(4) To call and hold meetings of the members or shareholders and directors and to conduct such meetings.

(L. 1997 H.B. 257 § 369.440)
Mo. Rev. Stat. § 245.255 — MO Code / Chapter 245 / Section 245.255
245.255 Change of venue.
Status: in_force

245.255. Change of venue. — No change of venue shall be allowed in any of the proceedings had under the provisions of sections 245.010 to 245.280 , except where the judge of the court in which the articles of association have been filed shall be disqualified for any of the reasons stated in the statutes of this state relating to the change of venue in civil cases. If the judge of such court is disqualified or is charged by any person interested in the formation of said district with being disqualified for any of the reasons stated in the statutes, it shall be the duty of said judge to call in a judge from some other judicial circuit of this state to sit and hear the proceedings and render his decree and judgment the same as the regular judge could have. Such judge shall retain jurisdiction in such reclamation proceedings only until the disqualification of the regular judge of the circuit court shall have been removed. Said judge so called shall receive for his services mileage and ten dollars per day for each day engaged. It shall be the duty of the clerk of the court in which the articles of association have been filed to make out and sign a bill for the amount of mileage and per diem of the judge so called in and forward said bill to the state auditor, who shall approve such bill and draw a warrant for such amount on the fund appropriated and set apart by the legislature to pay expenses and salaries of circuit judges.

(RSMo 1939 § 12526, A.L. 1947 V. II p. 226) Prior revisions: 1929 § 10936; 1919 § 4630
Mo. Rev. Stat. § 196.155 — MO Code / Chapter 196 / Section 196.155
196.155 Penalty.
Status: in_force

196.155. Penalty. — Any person violating the provisions of section 196.150 shall be deemed guilty of a misdemeanor.

(RSMo 1939 § 9885) Prior revisions: 1929 § 13036; 1919 § 5684
Mo. Rev. Stat. § 374.185 — MO Code / Chapter 374 / Section 374.185
374.185 Uniformity of regulation, director to cooperate.
Status: in_force

374.185. Uniformity of regulation, director to cooperate. — 1. The director may cooperate, coordinate, and consult with other members of the National Association of Insurance Commissioners, the commissioner of securities, state securities regulators, the division of finance, the division of credit unions, the attorney general, federal banking and securities regulators, the National Association of Securities Dealers (NASD), the United States Department of Justice, the Commodity Futures Trading Commission, the Federal Trade Commission, and the United States Department of Health and Human Services to effectuate greater uniformity in insurance and financial services regulation among state and federal governments, and self-regulatory organizations. The director may share records with any aforesaid entity, except that any record that is confidential, privileged, or otherwise protected from disclosure by law shall not be disclosed unless such entity agrees in writing prior to receiving such record to provide it the same protection. No waiver of any applicable privilege or claim of confidentiality regarding any record shall occur as the result of any disclosure.

2. In cooperating, coordinating, consulting, and sharing records and information under this section and in acting by rule, order, or waiver under the laws relating to insurance, the director shall, at the discretion of the director, take into consideration in carrying out the public interest the following general policies:

(1) Maximizing effectiveness of regulation for the protection of insurance consumers;

(2) Maximizing uniformity in regulatory standards; and

(3) Minimizing burdens on the business of insurance, without adversely affecting essentials of consumer protection.

3. The cooperation, coordination, consultation, and sharing of records and information authorized by this section includes:

(1) Establishing or employing one or more designees as a central electronic depository for licensing and rate and form filings with the director and for records required or allowed to be maintained;

(2) Encouraging insurance companies and producers to implement electronic filing through a central electronic depository;

(3) Developing and maintaining uniform forms;

(4) Conducting joint market conduct examinations and other investigations through collaboration and cooperation with other insurance regulators;

(5) Holding joint administrative hearings;

(6) Instituting and prosecuting joint civil or administrative enforcement proceedings;

(7) Sharing and exchanging personnel;

(8) Coordinating licensing under section 375.014 ;

(9) Formulating rules, statements of policy, guidelines, forms, no action determinations, and bulletins; and

(10) Formulating common systems and procedures.

(L. 2007 S.B. 66, A.L. 2016 S.B. 865 & 866)
Mo. Rev. Stat. § 191.803 — MO Code / Chapter 191 / Section 191.803
191.803 Boards of education to establish breakfast program — rules — waiver, procedure.
Status: in_force

191.803. Boards of education to establish breakfast program — rules — waiver, procedure. — 1. By July 1, 1993, the board of education of each school in this state in which thirty-five percent or more of the students enrolled in the school on October first of the preceding school year were eligible for free or reduced price meals shall establish a school breakfast program.

2. The department of elementary and secondary education may promulgate rules and regulations necessary for implementation of sections 191.800 to 191.815 in compliance with federal guidelines pursuant to the provisions of 42 U.S.C. 1773.

3. A school shall receive a waiver from the requirements of this section if the school board of the school district by majority vote adopts a resolution requesting a waiver.

4. A school district requesting a waiver must file in writing notification that it has adopted a resolution which excuses the district from the requirements of this section. Such writing shall be filed with the Missouri department of elementary and secondary education. Such a waiver shall be valid for a period of three years.

(L. 1992 S.B. 449 § 2)
Mo. Rev. Stat. § 565.110 — MO Code / Chapter 565 / Section 565.110
565.110 Kidnapping, first degree, penalty.
Status: in_force

565.110. Kidnapping, first degree, penalty. — 1. A person commits the offense of kidnapping in the first degree if he or she unlawfully removes another person without his or her consent from the place where he or she is found or unlawfully confines another person without his or her consent for a substantial period, for the purpose of:

(1) Holding that person for ransom or reward, or for any other act to be performed or not performed for the return or release of that person; or

(2) Using the person as a shield or as a hostage; or

(3) Interfering with the performance of any governmental or political function; or

(4) Facilitating the commission of any felony or flight thereafter; or

(5) Inflicting physical injury on or terrorizing the victim or another.

2. The offense of kidnapping in the first degree is a class A felony unless committed under subdivision (4) or (5) of subsection 1 of this section in which cases it is a class B felony.

(L. 1977 S.B. 60, A.L. 2004 H.B. 1487, A.L. 2014 S.B. 491) Effective 1-01-17 CROSS REFERENCE: Conviction of offense, on release registration requirements and penalty for failure to comply (Megan's Law), 589.400 to 589.426 (1981) Kidnapping and rape were separate offenses and defendant thus was not punished twice for same offense because confinement and movement of victim were not incidental to commission of rape but increased risk of harm and danger to victim. State v. Stewart (A.), 615 S.W.2d 600. (1993) For purposes of definition of "forcible compulsion" in section 556.061, age of victim, relationship to defendant and testimony of victim that defendant guided her head and mouth, or that defendant threatened to ground victim, was not sufficient evidence to establish that victim was in reasonable fear of death, serious physical injury or kidnapping under this section as required by conviction for forcible sodomy under section 566.060, RSMo. State v. Daleske, 866 S.W.2d 476 (Mo. App. W.D.). (1994) Although, under Missouri statute, crime of kidnapping does not require proof of injury and where kidnapping is not intrinsically violent, crime entails serious potential risk of physical injury to another based on requirement that kidnapping be without person's consent; therefore, kidnapping under Missouri law is violent felony for purposes of enhanced sentencing under federal law. United States v. Phelps, 17 F.3d 1334 (10th Cir.).
Mo. Rev. Stat. § 59.003 — MO Code / Chapter 59 / Section 59.003
59.003 Requests for records dated after December 31, 1969 to be made at original ...
Status: in_force

59.003. Requests for records dated after December 31, 1969 to be made at original recorder's office. — All requests for records filed or recorded by the recorder of deeds under this chapter dated after December 31, 1969, shall be made to the office of the recorder of deeds in which the record was originally recorded.

(L. 2010 H.B. 1643)
Mo. Rev. Stat. § 300.100 — MO Code / Chapter 300 / Section 300.100
300.100 Authorized emergency vehicles — permitted acts of drivers.
Status: in_force

300.100. Authorized emergency vehicles — permitted acts of drivers. — 1. The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions herein stated.

2. The driver of an authorized emergency vehicle may:

(1) Park or stand, irrespective of the provisions of this ordinance;

(2) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;

(3) Exceed the maximum speed limits so long as he does not endanger life or property;

(4) Disregard regulations governing direction of movement or turning in specified directions.

3. The exemptions herein granted to an authorized emergency vehicle shall apply only when the driver of any said vehicle while in motion sounds audible signal by siren or while having at least one lighted lamp exhibiting a red light visible under normal atmospheric conditions from a distance of five hundred feet to the front of such vehicle or a flashing blue light authorized by section 307.175 , except that an authorized emergency vehicle operated as a police vehicle is not required to use an audible signal or display a visual signal when the vehicle is being used to:

(1) Obtain evidence of a speeding violation on a maintained federal or state highway and where the speed limit is set by state statute;

(2) Respond to a suspected crime in progress when use of an audible or visual signal, or both, could reasonably result in the destruction of evidence or escape of a suspect; or

(3) Conduct surveillance of a vehicle or the passengers of a vehicle who are suspected of involvement in a crime.

4. The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others.

(L. 1965 p. 445 § 20, A.L. 2002 H.B. 1270 and H.B. 2032, A.L. 2025 H.B. 225)
Mo. Rev. Stat. § 429.100 — MO Code / Chapter 429 / Section 429.100
429.100 Notification by subcontractors and others.
Status: in_force

429.100. Notification by subcontractors and others. — Every person except the original contractor, who may wish to avail himself of the benefit of the provisions of sections 429.010 to 429.340 , shall give ten days' notice before the filing of the lien, as herein required, to the owner, owners or agent, or either of them, that he holds a claim against such building or improvement, setting forth the amount and from whom the same is due. Such notice may be served by any officer authorized by law to serve process in civil actions, or by any person who would be a competent witness. When served by an officer, his official return endorsed thereon shall be proof thereof, and when served by any other person, the fact of such service shall be verified by affidavit of the person so serving.

(RSMo 1939 § 3565) Prior revisions: 1929 § 3175; 1919 § 7235; 1909 § 8231 (1964) The ten-day notice provision of this section does not reduce the four-month provision of 429.080 to a lesser period of time. Continental Casualty Co. v. Allsop Lumber Co., 336 F.2d 445. (1975) "Original contractor" is one who contracts to furnish labor or materials with the then owner of the property. J.R. Meade Co. v. Forward Const. Co. (A.), 526 S.W.2d 21. (1978) Original contractor within meaning of this section refers to what contractor is to do, and is not determined upon the characterization of the terms "contractor" and "subcontractor" in the contract. Home Building Corporation v. Ventura Corporation (Mo.), 568 S.W.2d 769.
Mo. Rev. Stat. § 490.722 — MO Code / Chapter 490 / Section 490.722
490.722 Admissibility of communication through TDD, TTY, or TT.
Status: in_force

490.722. Admissibility of communication through TDD, TTY, or TT. — The contents, writings, or tapes resulting from any communication, directly or indirectly, through TDD, TTY, or TT are inadmissible as evidence of those communications or the specific contents of the communication thereof in any court of law, legal proceeding, or administrative hearing, unless such communication could have been introduced into evidence had it occurred without the use of such auxiliary aids. This section shall not preclude the interception of wire communications pursuant to a lawful court order.

(L. 1995 H.B. 135 § 3)
Mo. Rev. Stat. § 376.989 — MO Code / Chapter 376 / Section 376.989
376.989 No liability, criminal or civil, for participation in pool by members.
Status: in_force

376.989. No liability, criminal or civil, for participation in pool by members. — Neither the participation in the pool as members, the establishment of rates, forms or procedures, nor any other joint or collective action required or permitted by the provisions of sections 376.960 to 376.989 shall be the basis of any legal action, criminal or civil liability or penalty against the pool, the pool administrator, the board or any of its members, or pool employees, contractors, or consultants, or any of its members.

(L. 1990 H.B. 998 § 7, A.L. 2007 H.B. 818) Effective 1-01-08
Mo. Rev. Stat. § 579.099 — MO Code / Chapter 579 / Section 579.099
579.099 Inducing, or possession with intent to induce, symptoms by use of certain ...
Status: in_force

579.099. Inducing, or possession with intent to induce, symptoms by use of certain solvents and other substances, prohibited. — 1. As used in this section, "alcohol beverage vaporizer" means any device which, by means of heat, a vibrating element, or any other method, is capable of producing a breathable mixture containing one or more alcoholic beverages to be dispensed for inhalation into the lungs via the nose or mouth or both.

2. No person shall intentionally or willfully induce the symptoms of intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis, stupefaction, or dulling of the senses or nervous system, distortion of audio, visual or mental processes by the use or abuse of any of the following substances:

(1) Solvents, particularly toluol;

(2) Ethyl alcohol;

(3) Amyl nitrite and its iso-analogues;

(4) Butyl nitrite and its iso-analogues;

(5) Cyclohexyl nitrite and its iso-analogues;

(6) Ethyl nitrite and its iso-analogues;

(7) Pentyl nitrite and its iso-analogues; and

(8) Propyl nitrite and its iso-analogues.

3. This section shall not apply to substances that have been approved by the United States Food and Drug Administration as therapeutic drug products or are contained in approved over-the-counter drug products or administered lawfully pursuant to the order of an authorized medical practitioner.

4. No person shall intentionally possess any solvent, particularly toluol, amyl nitrite, butyl nitrite, cyclohexyl nitrite, ethyl nitrite, pentyl nitrite, and propyl nitrite and their iso-analogues for the purpose of using it in the manner prohibited by section 579.097 and this section.

5. No person shall possess or use an alcoholic beverage vaporizer.

6. Nothing in this section shall be construed to prohibit the legal consumption of intoxicating liquor, as defined by section 311.020 , or nonintoxicating beer.

(L. 1982 S.B. 522 §§ 3, 4, A.L. 2009 H.B. 62 merged with S.B. 26, A.L. 2014 S.B. 491) Transferred 2014; formerly 578.255; Effective 1-01-17
Mo. Rev. Stat. § 33.803 — MO Code / Chapter 33 / Section 33.803
33.803 Performance-based review procedure — selection of department or agency, how ...
Status: in_force

33.803. Performance-based review procedure — selection of department or agency, how determined. — 1. Performance-based review procedures shall be designed to:

(1) Operate on a defined rotating basis requiring the performance-based review of specified departments or agencies in a particular fiscal year; or

(2) Provide for random review of specific departments or agencies on the basis of perceived needs and requirements of the state budget.

2. Performance-based review shall be required by the budget and appropriations committees and the selection of the department or agency or program shall be made on a rotating basis, with a majority concurrence of the chairman of the house budget committee, the chairman of the senate appropriations committee and the director of the division of budget and planning; provided that, every department, division, or agency shall be reviewed at least once every five years after January 1, 2005. The chair of the house budget committee, the chair of the senate appropriations committee, and the director of the division of budget and planning shall decide what the review will cover, which may include the:

(1) Entire budget of the department or agency;

(2) Budget subclasses as detailed by the office of administration; or

(3) Selected programs; and

(4) Outcome measures used for programs and funds within the department, division, or agency.

3. Where similar programs or services are provided by more than one department or agency, the performance-based review procedures may provide for a review and investigation of the program or service level on an interagency or interdepartmental basis in an effort to consolidate such programs or services.

(L. 1994 H.B. 1109, et al. § 2, A.L. 2003 S.B. 299 & 40)
Mo. Rev. Stat. § 99.120 — MO Code / Chapter 99 / Section 99.120
99.120 Acquisition of property.
Status: in_force

99.120. Acquisition of property. — An authority whose board members are appointed by one or more elected officials shall have the right to acquire by the exercise of the power of eminent domain any real property in fee simple or other estate which it may deem necessary for its purposes under sections 99.010 to 99.230 after the adoption by it of a resolution declaring that the acquisition of the real property described therein is necessary for such purposes. An authority may exercise the power of eminent domain in the manner provided for corporations in chapter 523 . Property already devoted to a public use may be acquired in like manner, provided that no real property belonging to the city, the county, the state or any political subdivision thereof may be acquired without its consent.

(RSMo 1939 § 7864, A.L. 2006 H.B. 1944)