FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 577.041 — MO Code / Chapter 577 / Section 577.041
577.041 Refusal to submit to chemical test — admissibility — request to include ...
Status: in_force

577.041. Refusal to submit to chemical test — admissibility — request to include reasons and effect of refusal. — 1. If a person under arrest, or who has been detained pursuant to subdivision (2) of subsection 1 of section 577.020 , or stopped pursuant to subdivision (3) or (4) of subsection 1 of section 577.020 , refuses upon the request of the officer to submit to any test allowed pursuant to section 577.020 , then evidence of the refusal shall be admissible in any proceeding related to the acts resulting in such detention, stop, or arrest.

2. The request of the officer to submit to any chemical test shall include the reasons of the officer for requesting the person to submit to a test and also shall inform the person that evidence of refusal to take the test may be used against such person. If such person was operating a vehicle prior to such detention, stop, or arrest, he or she shall further be informed that his or her license shall be immediately revoked upon refusal to take the test.

3. If a person when requested to submit to any test allowed pursuant to section 577.020 requests to speak to an attorney, the person shall be granted twenty minutes in which to attempt to contact an attorney. If, upon the completion of the twenty-minute period the person continues to refuse to submit to any test, it shall be deemed a refusal.

(L. 1982 S.B. 513, A.L. 1987 S.B. 230, A.L. 1991 S.B. 125 & 341, A.L. 1993 S.B. 167 merged with S.B. 180, A.L. 1996 H.B. 1169 & 1271 merged with S.B. 722, A.L. 1998 S.B. 634, A.L. 2001 H.B. 302 & 38, A.L. 2002 H.B. 2062, A.L. 2003 H.B. 600, A.L. 2005 H.B. 353 merged with H.B. 487, A.L. 2008 S.B. 930 & 947, A.L. 2010 H.B. 1695, et al., A.L. 2013 S.B. 23, A.L. 2014 S.B. 491, A.L. 2014 H.B. 1371) Effective 1-01-17 (1988) Person may have limited right to consult with counsel prior to taking test, but there is no right to have an attorney present during test or to condition taking of test on presence of attorney. Kilpatrick v. Director of Revenue, 756 S.W.2d 214 (Mo.App.E.D.). (1989) It is not a denial of equal protection when statute requires director of revenue to revoke driver's license for refusing to take chemical tests and then revoke driver's license for accumulation of points without a showing that all similarly situated drivers were not treated equally. (Mo.App.W.D.) Brown v. Director of Revenue, 772 S.W.2d 398) (2010) Twenty-minute waiting period begins running immediately after the officer has informed the driver of the implied consent law, regardless of whether the driver requested an attorney before or after the information was provided. Norris v. Director of Revenue, 304 S.W.3d 724 (Mo. en banc). (2019) Motorist's refusal to consent to chemical test was not voluntary and unequivocal under section, where law enforcement officer deprived him of the right to confer privately with his attorney and where the Director of Revenue failed to show that he was not prejudiced by the action. Roesing v. Director of Revenue, 573 S.W.3d 634 (Mo.).
Mo. Rev. Stat. § 351.670 — MO Code / Chapter 351 / Section 351.670
351.670 Disapproval of articles of incorporation, amendment, merger — forfeiture of ...
Status: in_force

351.670. Disapproval of articles of incorporation, amendment, merger — forfeiture of certificate of authority — review. — If the secretary of state shall fail to approve any articles of incorporation, amendment, merger, consolidation or dissolution, or any other document required by this chapter to be approved by the secretary of state, before the same shall be filed in his office, he shall within ten days after the delivery thereof to him give written notice of his disapproval to the person or corporation, domestic or foreign, delivering the same, specifying the reasons therefor. From such disapproval such person or corporation may appeal to the circuit court of the county in which the registered office of such corporation is or is proposed to be situated by filing with the clerk of such court a petition setting forth a copy of the articles or other documents sought to be filed and a copy of the written disapproval thereof by the secretary of state, such petition to be filed within thirty days after notice of such disapproval shall have been given, and the matter shall be tried de novo by the court, and the court shall either sustain the action of the secretary of state or direct him to take such action as the court may deem proper. If the secretary of state shall forfeit the certificate of authority to transact business in this state of any foreign corporation pursuant to the provisions of this chapter, such foreign corporation may likewise appeal to the circuit court of the county where the registered office of such corporation in this state is situated by filing with the clerk of such court a petition setting forth a copy of its certificate of authority to transact business in this state and a copy of the notice of forfeiture given by the secretary of state, such petition to be filed within thirty days after notice of said forfeiture shall have been given by said secretary of state, and the matter shall be tried de novo by the court, and the court shall either sustain the action of the secretary of state or direct him to take such action as the court may deem proper. An appeal from the circuit court in such a case shall be allowed as in civil action.

(L. 1943 p. 410 § 169)
Mo. Rev. Stat. § 333.320 — MO Code / Chapter 333 / Section 333.320
333.320 Seller license required — application procedure — renewal of licensure — ...
Status: in_force

333.320. Seller license required — application procedure — renewal of licensure — expiration of license. — 1. No person shall sell, perform, or agree to perform the seller's obligations under, or be designated as the seller of, any preneed contract unless, at the time of the sale, performance, agreement, or designation, such person is licensed by the board as a seller and authorized and registered with the Missouri secretary of state to conduct business in Missouri.

2. An applicant for a preneed seller license shall:

(1) File an application on a form established by the board and pay an application fee in an amount established by the board by rule;

(2) Be an individual resident of Missouri who is eighteen years of age or older, or a business entity registered with the Missouri secretary of state to transact business in Missouri;

(3) If the applicant is a corporation, each officer, director, manager, or controlling shareholder, shall be eligible for licensure if they were applying for licensure as an individual;

(4) Meet all requirements for licensure;

(5) Identify the name and address of a custodian of records responsible for maintaining the books and records of the seller relating to preneed contracts;

(6) Identify the name and address of each licensed provider that has authorized the seller to designate such person as a provider under a preneed contract;

(7) Have established, as grantor, a preneed trust or an agreement to utilize a preneed trust with terms consistent with sections 436.400 to 436.520 . A trust shall not be required if the applicant certifies to the board that the seller will only sell insurance-funded or joint account-funded preneed contracts;

(8) Identify the name and address of a trustee or, if applicable, the financial institution where any preneed trust or joint accounts will be maintained; and

(9) File with the board a written consent authorizing the state board to inspect or order an investigation, examination, or audit of the seller's books and records which contain information concerning preneed contracts sold by or on behalf of the seller.

3. Each seller shall apply to renew his or her license on or before October thirty-first of each year or a date established by the division of professional registration pursuant to section 324.001 . A license which has not been renewed prior to the renewal date shall expire. Applicants for renewal shall:

(1) File an application for renewal on a form established by the board by rule;

(2) Pay a renewal fee in an amount established by the board by rule; and

(3) File annually with the board a signed and notarized annual report as required by section 436.460 .

4. Any license which has not been renewed as provided by this section shall expire. A licensee who fails to apply for renewal within two years of the renewal date may apply for reinstatement by satisfying the requirements of subsection 3 of this section and paying a delinquent fee as established by the board by rule.

(L. 2009 S.B. 1)
Mo. Rev. Stat. § 301.310 — MO Code / Chapter 301 / Section 301.310
301.310 Owner may be instructed to replace plate — cancellation of registration — ...
Status: in_force

301.310. Owner may be instructed to replace plate — cancellation of registration — waiver of cost — penalty. — 1. Whenever a law enforcement officer observes a plate to be in such condition as to hinder or make difficult identification of same, he shall notify the director of revenue and instruct the owner to apply for a duplicate plate.

2. If the owner has not made application within fifteen days, the director of revenue may cancel such registration and notify the registrant and such cancellation shall remain in force until the application has been filed.

3. The director of revenue may at his discretion replace worn plates without cost to the registrant.

4. Failure to surrender a mutilated or worn plate for which duplicate has been issued shall be * punishable under section 301.440 .

(RSMo 1939 § 8379, A.L. 1941 p. 445, A.L. 1947 V. I p. 380, A.L. 2009 H.B. 683) Prior revision: 1929 § 7771 *Word "be" omitted from original rolls.
Mo. Rev. Stat. § 214.150 — MO Code / Chapter 214 / Section 214.150
214.150 County commissions shall become trustees and custodians.
Status: in_force

214.150. County commissions shall become trustees and custodians. — The county commissions of the respective counties of this state shall become trustees and custodians of any fund or funds which may be created by any person or persons, firm or corporation, for the purpose of maintaining in part or in whole any public or private cemetery in their respective county. When a gift or bequest is made to said county commission they shall accept the same upon the terms and conditions of said gift or bequest and administer said trust fund as herein provided and make report to the circuit court annually showing in detail the manner in which said trust fund or funds have been managed.

(RSMo 1939 § 15268) Prior revision: 1929 § 14059 (1957) Sections 214.150 to 214.180 authorize but do not compel county courts to act as trustees and custodians of trust funds for maintenance of cemeteries and such courts are required to administer such funds only when so designated by the trustor. Powers v. Johnson (A.), 306 S.W.2d 616.
Mo. Rev. Stat. § 451.100 — MO Code / Chapter 451 / Section 451.100
451.100 Marriages solemnized by whom.
Status: in_force

451.100. Marriages solemnized by whom. — Marriages may be solemnized by any clergyman, either active or retired, who is in good standing with any church or synagogue in this state. Marriages may also be solemnized, without compensation, by any judge, including a municipal judge. Marriages may also be solemnized by a religious society, religious institution, or religious organization of this state, according to the regulations and customs of the society, institution or organization, when either party to the marriage to be solemnized is a member of such society, institution or organization.

(RSMo 1939 § 3363, A.L. 1945 p. 1145, A.L. 1969 p. 545, A.L. 1978 H.B. 1634, A.L. 1989 H.B. 898, A.L. 1998 H.B. 987) Prior revisions: 1929 § 2976; 1919 § 7301; 1909 § 8282 CROSS REFERENCE: Penalty for illegally solemnizing marriage, 451.115
Mo. Rev. Stat. § 188.120 — MO Code / Chapter 188 / Section 188.120
188.120 Cause of action for violation of discrimination laws, treble damages, ...
Status: in_force

188.120. Cause of action for violation of discrimination laws, treble damages, attorney's fees. — Any individual injured by any person, association, corporation, or entity by reason of any action prohibited by sections 188.100 to 188.120 , as now or hereafter amended, may commence a civil cause of action against the person, association, corporation, or entity who caused the injury, and shall recover treble damages, including pain and suffering, sustained by such individual, the costs of the suit and reasonable attorney's fees.

(L. 1986 H.B. 1596)
Mo. Rev. Stat. § 21.250 — MO Code / Chapter 21 / Section 21.250
21.250 Statutes, how authenticated when passed over veto, effective, when.
Status: in_force

21.250. Statutes, how authenticated when passed over veto, effective, when. — When a bill that has passed both houses of the general assembly is returned by the governor without his signature, and with objections thereto, and upon a reconsideration, passes both houses by the constitutional majority, it shall be authenticated as having become a law, by a certificate endorsed thereon, or attached thereto, in the following form:

This bill having been returned by the governor, with his objections thereto and, after reconsideration, having passed both houses by the constitutional majority, it has become a law, this ______ day of ______

Which, being signed by the president of the senate and speaker of the house of representatives, is sufficiently authenticated, and the bill shall be deposited with the laws in the office of the secretary of state, by the presiding officer of the house in which the bill originated. Unless the bill provides otherwise, it shall become effective thirty days after approval by constitutional majorities in both houses of the general assembly.

(RSMo 1939 § 657, A.L. 1957 p. 595, A.L. 2003 S.B. 143) Prior revisions: 1929 § 657; 1919 § 7060; 1909 § 8059 CROSS REFERENCE: Veto, procedure after, Const. Art. III § 32
Mo. Rev. Stat. § 41.110 — MO Code / Chapter 41 / Section 41.110
41.110 State defense force — organization, discipline, government.
Status: in_force

41.110. State defense force — organization, discipline, government. — The organization, discipline and government of the Missouri state defense force and the rights and benefits of the members thereof shall be the same as prescribed by this act for the organized Missouri state defense force and for the National Guard and Air National Guard with such general exceptions as the governor, upon the recommendation of the military council, shall authorize.

(RSMo 1939 § 15021, A.L. 1951 p. 654 § 91, A.L. 2018 H.B. 1469 merged with S.B. 1503) Prior revisions: 1929 § 13828; 1919 § 7356
Mo. Rev. Stat. § 441.770 — MO Code / Chapter 441 / Section 441.770
441.770 Court-ordered eviction, when — court-ordered removal of third party from ...
Status: in_force

441.770. Court-ordered eviction, when — court-ordered removal of third party from leased premises, when — expedited eviction order — stay of execution of eviction order, when. — 1. If the grounds for an eviction have been established pursuant to subsection 1 of section 441.740 , the court shall order that the tenant be evicted from the leased property. Following the order, the tenant shall have twenty-four hours to vacate the premises and the landlord shall subsequently have a right to reenter and take possession of the premises.

2. If the grounds for a removal have been established pursuant to subsection 2 of section 441.740 , the court shall order that those persons found to be engaging in the criminal activity described therein be immediately removed and barred from the leased property, but the court shall not order the tenancy be terminated.

3. The court may order the expedited execution of an eviction or removal order by requiring the order's enforcement by the appropriate agency within a specified number of days after final judgment.

4. The court may stay execution of an eviction or removal order for a reasonable length of time if the moving party establishes by clear and convincing evidence that immediate removal or eviction would pose a serious danger to the party and that this danger outweighs the safety, health and well-being of the surrounding community and of the plaintiff.

(L. 1997 H.B. 361, A.L. 2014 H.B. 1410 merged with S.B. 655)
Mo. Rev. Stat. § 184.610 — MO Code / Chapter 184 / Section 184.610
184.610 Dissolution of district, procedure — ballot form — cost of election, how ...
Status: in_force

184.610. Dissolution of district, procedure — ballot form — cost of election, how paid — property donated by city to revert to city. — 1. Any special purpose district formed under the provisions of sections 184.600 to 184.622 may be dissolved pursuant to this section. Upon the filing with the governing body of the district of a petition containing the signatures of qualified voters representing eight percent of the votes cast at the last preceding election for governor, the governing body shall submit the proposition to the voters in the district using the same procedure and in the same manner so far as practicable as is provided for the submission of the question for forming the district.

2. Such proposition or propositions shall be submitted to the voters in substantially the following form at such election:

3. In the event that a majority of the voters voting on such proposition cast "YES" votes, then the district shall be deemed dissolved. The results of the election shall be certified by the election officials of such city or county, respectively, to the respective chief executive officers of such city or county not less than thirty days after the day on which such election was held. The cost of such election shall be borne by the city and county, respectively, as provided by law.

4. Dissolution of the district shall be carried out in the manner prescribed by section 67.955 , except property owned by any city which was donated to the district pursuant to subsection 2 of section 184.606 shall revert to such city.

(L. 1990 S.B. 525 § 5)
Mo. Rev. Stat. § 84.040 — MO Code / Chapter 84 / Section 84.040
84.040 Police commissioners — qualifications — term of office — oath — compensation.
Status: in_force

84.040. Police commissioners — qualifications — term of office — oath — compensation. — The said commissioners shall be citizens of the state of Missouri, and shall have been residents of the cities for a period of four years next preceding their appointment; they shall, except as specified in sections 84.030 and 84.080 , hold their offices for four years, and until their respective successors shall have been appointed and qualified, and receive each a salary of one thousand dollars per annum, payable monthly; before entering upon the duties of their said offices, the said commissioners and the said mayor shall take and subscribe before a circuit or associate circuit judge of the circuit court of judicial circuit in which said cities shall be located, or the clerk thereof, the oath or affirmation prescribed by the Constitution of the state of Missouri, and shall also take and subscribe before the same judge or clerk the further oath or affidavit that in any and every appointment or removal to be made by them to or from the police force created and to be organized by them under sections 84.010 to 84.340 , they will in no case and under no pretext appoint or remove any policeman or officer of police, or other person under them, on account of the political opinions of such police officer or other person, or for any other cause or reason than the fitness or unfitness of such a person, in the best judgment of such commissioners, for the place for which he shall be appointed, or from the place from which he shall be removed. The said oaths or affirmations shall be recorded and preserved among the records of the said circuit court.

(RSMo 1939 § 7689, A.L. 1978 H.B. 1634, A.L. 1987 H.B. 661) Prior revisions: 1929 § 7541; 1919 § 8951; 1909 § 9803
Mo. Rev. Stat. § 435.435 — MO Code / Chapter 435 / Section 435.435
435.435 Venue.
Status: in_force

435.435. Venue. — An initial application shall be made to the circuit court of the county in which the agreement provides the arbitration hearing shall be held or, if the hearing has been held, in the county in which it was held. Otherwise the application shall be made in the county where the adverse party resides or has a place of business or, if he has no residence or place of business in this state, to the circuit court of Cole County. All subsequent applications shall be made to the court hearing the initial application unless the court otherwise directs.

(L. 1980 H.B. 1203 § 18)
Mo. Rev. Stat. § 30.005 — MO Code / Chapter 30 / Section 30.005
30.005 State treasurer, term of office, term begins, when.
Status: in_force

30.005. State treasurer, term of office, term begins, when. — The state treasurer shall hold office for a term of four years beginning at 12:00 noon on the second Monday in January next after his or her election and until a successor is elected and qualified.

(L. 1987 H.B. 456)
Mo. Rev. Stat. § 490.320 — MO Code / Chapter 490 / Section 490.320
490.320 Copy of deed, when evidence.
Status: in_force

490.320. Copy of deed, when evidence. — When any deed or conveyance affecting real estate has been recorded more than twenty years, and has not been proved or acknowledged, according to law, when so recorded, but has been subsequently duly proved, and read upon the trial of any litigated cause in any of the courts of record of this state, and a copy of such deed or conveyance has been preserved in a bill of exceptions taken and filed in such cause, and a transcript of the proceedings therein has been filed in the supreme court or any district of the court of appeals, upon proof that the deed or conveyance has been lost or destroyed, the copy thereof contained in such transcript, duly certified under the hand and seal of the clerk of the proper court, may be read in evidence in any suit.

(RSMo 1939 § 1843, A.L. 1973 S.B. 263, A.L. 1978 H.B. 1634) Prior revisions: 1929 § 1679; 1919 § 5366; 1909 § 6311 Effective 1-02-79
Mo. Rev. Stat. § 209.625 — MO Code / Chapter 209 / Section 209.625
209.625 Assets exempt from taxation.
Status: in_force

209.625. Assets exempt from taxation. — 1. Notwithstanding any law to the contrary, the assets of the ABLE program held by the board and the assets of any ABLE account and any income therefrom shall be exempt from all taxation by the state or any of its political subdivisions. Income earned or received from an ABLE account or deposit shall not be subject to state income tax imposed pursuant to chapter 143 . The exemption from taxation pursuant to this section shall apply only to assets and income maintained, accrued, or expended pursuant to the requirements of the ABLE program established pursuant to sections 209.600 to 209.645 , and no exemption shall apply to assets and income expended for any other purposes. Annual contributions made to the ABLE program held by the board up to and including eight thousand dollars per participating taxpayer, and up to sixteen thousand dollars for married individuals filing a joint tax return, shall be subtracted in determining Missouri adjusted gross income pursuant to section 143.121 .

2. If any deductible contributions to or earnings from any such program referred to in this section are distributed and not used to pay qualified disability expenses or are not held for the minimum length of time established by the appropriate Missouri board, the amount so distributed shall be added to the Missouri adjusted gross income of the participant, or, if the participant is not living, the designated beneficiary.

3. The provisions of this section shall apply to tax years beginning on or after January 1, 2015.

4. The assets held in an ABLE account under sections 209.600 to 209.645 shall not be considered the property of a conservatorship estate established under chapter 475 .

5. The provisions of subsection 4 of this section shall not apply to ABLE accounts in the charge and custody of a public administrator.

(L. 2015 S.B. 174 § 166.625, A.L. 2019 S.B. 230)