FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 338.730 — MO Code / Chapter 338 / Section 338.730
338.730 HIV postexposure prophylaxis, dispensing of, requirements — definitions — ...
Status: in_force

338.730. HIV postexposure prophylaxis, dispensing of, requirements — definitions — rulemaking authority. — 1. Notwithstanding any other law to the contrary, a pharmacist may dispense HIV postexposure prophylaxis in accordance with this section. Such prophylaxis shall be dispensed only if the pharmacist follows a written protocol authorized by a licensed physician.

2. For purposes of this section, "postexposure prophylaxis" shall mean any drug approved by the Food and Drug Administration that meets the same clinical eligibility recommendations provided in CDC guidelines.

3. For purposes of this section, "CDC guidelines" shall mean the current HIV guidelines published by the federal Centers for Disease Control and Prevention.

4. The state board of registration for the healing arts and the state board of pharmacy shall jointly promulgate rules and regulations for the administration of this section. Neither board shall separately promulgate rules governing a pharmacist's authority to dispense HIV postexposure prophylaxis under this section.

5. Any rule or portion of a rule, as that term is defined in section 536.010 , that is created under the authority delegated in this section 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, 2021, shall be invalid and void.

(L. 2021 H.B. 273 merged with H.B. 476)
Mo. Rev. Stat. § 513.035 — MO Code / Chapter 513 / Section 513.035
513.035 Executions, where directed and executed.
Status: in_force

513.035. Executions, where directed and executed. — Executions issued upon any judgment, order or decree rendered in any court of record, may be directed to and executed in any county in this state; and executions may issue at the same time to different counties.

(RSMo 1939 § 1320) Prior revisions: 1929 § 1156; 1919 § 1607; 1909 § 2176 CROSS REFERENCE: Execution not to issue from court where transcript of judgment of another court of record is filed, 511.480
Mo. Rev. Stat. § 287.790 — MO Code / Chapter 287 / Section 287.790
287.790 Penalty not specifically provided — misdemeanor.
Status: in_force

287.790. Penalty not specifically provided — misdemeanor. — Any person, corporation, his or its directors, officers or agents, or any other person who violates any of the provisions of this chapter for which a penalty has not herein been specifically provided, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars or by imprisonment in the county jail for not less than one week and not more than one year or both such fine and imprisonment.

(RSMo 1939 § 3763) Prior revision: 1929 § 3373
Mo. Rev. Stat. § 573.050 — MO Code / Chapter 573 / Section 573.050
573.050 Evidence in obscenity and child pornography cases.
Status: in_force

573.050. Evidence in obscenity and child pornography cases. — 1. In any prosecution under this chapter evidence shall be admissible to show:

(1) What the predominant appeal of the material or performance would be for ordinary adults or minors;

(2) The literary, artistic, political or scientific value of the material or performance;

(3) The degree of public acceptance in this state and in the local community;

(4) The appeal to prurient interest in advertising or other promotion of the material or performance;

(5) The purpose of the author, creator, promoter, furnisher or publisher of the material or performance.

2. Testimony of the author, creator, promoter, furnisher, publisher, or expert testimony, relating to factors entering into the determination of the issues of obscenity or child pornography, shall be admissible.

3. In any prosecution under this chapter, when it becomes necessary to determine whether a person was less than seventeen or eighteen years of age, the court or jury may make this determination by any of the following methods:

(1) Personal inspection of the child;

(2) Inspection of the photograph or motion picture that shows the child engaging in the sexual performance;

(3) Oral testimony by a witness to the sexual performance as to the age of the child based on the child's appearance at the time;

(4) Expert medical testimony based on the appearance of the child engaging in the sexual performance; or

(5) Any other method authorized by law or by the rules of evidence.

4. In any prosecution for promoting child pornography in the first or second degree, no showing is required that the performance or material involved appeals to prurient interest, that it lacks serious literary, artistic, political or scientific value, or that it is patently offensive to prevailing standards in the community as a whole.

(L. 1977 S.B. 60, A.L. 1985 H.B. 366, et al., A.L. 1987 H.B. 113, et al., A.L. 2014 S.B. 491) Effective 1-01-17
Mo. Rev. Stat. § 100.750 — MO Code / Chapter 100 / Section 100.750
100.750 Financing agreement, contents.
Status: in_force

100.750. Financing agreement, contents. — The financing agreement shall provide in substance that:

(1) It may be assigned by the eligible industry only upon the prior written consent of the board following the adoption of a resolution by the board to such effect; and

(2) Upon default by the eligible industry in any obligations under the financing agreement or other documents evidencing, securing or related to the eligible industry's obligations, the board shall have the right, at its option, to:

(a) Declare the financing agreement or other such documents in default;

(b) Accelerate and declare the total of all such payments due by the eligible industry and sell the economic development project at public, private, or judicial sale;

(c) Pursue any remedy provided under the financing agreement or other such documents;

(d) Be entitled to the appointment of a receiver by the circuit court wherein any part of the economic development project is located; and

(e) Pursue any other applicable legal remedy.

(L. 1996 H.B. 1237 § 12)
Mo. Rev. Stat. § 9.220 — MO Code / Chapter 9 / Section 9.220
9.220 October 16, Walt Disney — 'A Day to Dream' Day.
Status: in_force

9.220. October 16, Walt Disney — 'A Day to Dream' Day. — October sixteenth of each year shall be known and designated as "Walt Disney - 'A Day to Dream' Day". The citizens of this state are encouraged to participate in appropriate activities and events to commemorate the life and accomplishments of Walt Disney.

(L. 2015 H.B. 874)
Mo. Rev. Stat. § 516.110 — MO Code / Chapter 516 / Section 516.110
516.110 What action shall be commenced within ten years.
Status: in_force

516.110. What action shall be commenced within ten years. — Within ten years:

(1) An action upon any writing, whether sealed or unsealed, for the payment of money or property;

(2) Actions brought on any covenant of warranty contained in any deed of conveyance of land shall be brought within ten years next after there shall have been a final decision against the title of the covenantor in such deed, and actions on any covenant of seizin contained in any such deed shall be brought within ten years after the cause of such action shall accrue;

(3) Actions for relief, not herein otherwise provided for.

(RSMo 1939 § 1013) (1975) An action to collect sum allegedly due for holiday pay for firemen where such claim was based on a city ordinance is a claim on an "obligation" and must be brought within five years. Barberi v. University City (A.), 518 S.W.2d 457. (1976) Action to recover liquidated damages for breach of a covenant in a lease not to assign or transfer interest in the lease was not based upon a writing for the payment of money but was based on contract and therefore was governed by five-year statute of limitations, section 516.120, and not by section 516.110. Bangert v. Boise Cascade Corp. (C.A.Mo.), 527 F.2d 902. (1985) Party had ten years, not five, to initiate an action for specific performance of a real estate contract since the action was for the enforcement of a contract and not for breach of contract. Oberle v. Monia (Mo.App.), 690 S.W.2d 840.
Mo. Rev. Stat. § 195.016 — MO Code / Chapter 195 / Section 195.016
195.016 Nomenclature.
Status: in_force

195.016. Nomenclature. — The controlled substances listed or to be listed in the schedules in section 195.017 are included by whatever official, common, usual, chemical, or trade name designated.

(L. 1971 H.B. 69, A.L. 1989 S.B. 215 & 58, A.L. 2014 S.B. 491) Effective 1-01-17
Mo. Rev. Stat. § 326.268 — MO Code / Chapter 326 / Section 326.268
326.268 Meetings — examination of applicants, content, fees — compensation of board ...
Status: in_force

326.268. Meetings — examination of applicants, content, fees — compensation of board members. — 1. The board may prescribe by rule the dates and places for holding regular meetings and regulate the call, notice and holding of special meetings. Four members of the board shall constitute a quorum at any regular meeting or special meeting.

2. The board shall determine by rule the dates and times of examination of applicants. Examination of applicants shall be held at least twice annually. The board may determine by rule the method for publicizing the times and places of the examination. The board may require any or all applicants to appear in person before the board to answer questions regarding their qualifications and may, in the board's discretion, require evidence in support of the statements of the applicant.

3. The required examination shall test the applicant's knowledge of the subjects of accounting and auditing, and such other related subjects as the board may specify by rule, including but not limited to business law and taxation. The board shall prescribe by rule the methods of applying for and conducting the examination, including methods for grading and passing grades; provided, however, that the board shall, to the extent possible, ensure the examination, grading of the examination and the passing grades are uniform with those applicable in other states. The board may make use of all or any part of the Uniform Certified Public Accountant Examination and Advisory Grading Service of the American Institute of Certified Public Accountants and may contract with third parties to perform administrative services with respect to the examination as the board deems appropriate.

4. The board may determine by rule the examination fee.

5. Each member of the board shall receive as compensation an amount set by the board not to exceed seventy dollars for each day devoted to the affairs of the board, and shall be reimbursed for necessary and actual expenses incurred in the performance of the member's official duties. All claims for compensation and expenses shall be presented and allowed in open meetings of the board. No compensation or expenses of members of the board, its officers or employees shall be charged against the general funds of the state, but shall be paid out of the state board of accountancy fund.

(L. 2001 H.B. 567)
Mo. Rev. Stat. § 429.618 — MO Code / Chapter 429 / Section 429.618
429.618 Petition, content, parties' foreclosure action, procedure — liens having ...
Status: in_force

429.618. Petition, content, parties' foreclosure action, procedure — liens having priority over broker's lien. — 1. A petition filed pursuant to the provisions of this section and section 429.616 shall contain a statement of the terms of the contract or agreement on which the lien is based, the date when the contract or agreement was made, a description of the services performed, the amount due and unpaid, a description of the property that is subject to the lien and any other facts necessary for a full understanding of the rights of the parties. The plaintiff shall file the action against all known parties who have an interest in such real estate. A foreclosure action for a lien claimed pursuant to sections 429.600 to 429.630 shall be brought pursuant to the provisions of sections 443.190 to 443.280 .

2. Valid prior recorded liens or mortgages shall have priority over a real estate broker's lien.

(L. 1993 S.B. 18 § 7 subsecs. 2, 3)
Mo. Rev. Stat. § 483.500 — MO Code / Chapter 483 / Section 483.500
483.500 Fees of the clerks of the supreme court and court of appeals — collection.
Status: in_force

483.500. Fees of the clerks of the supreme court and court of appeals — collection. — 1. An appellant or plaintiff in error shall pay court costs in an amount determined pursuant to sections 488.010 to 488.020 ; provided, that nothing herein shall be construed to apply to proceedings when costs are waived or are to be paid by the state, county or municipality.

2. The clerk of the court in which the notice of appeal is initially filed shall collect and disburse court costs determined pursuant to this section in the manner provided by sections 488.010 to 488.020 , and such court costs shall be payable to the director of revenue for deposit to the general revenue fund.

(RSMo 1939 § 13406, A.L. 1972 S.B. 496, A.L. 1973 S.B. 263, A.L. 1982 S.B. 497, A.L. 1996 S.B. 869, A.L. 2001 S.B. 267) Prior revisions: 1929 § 11784; 1919 § 10993; 1909 § 10697
Mo. Rev. Stat. § 214.280 — MO Code / Chapter 214 / Section 214.280
214.280 Election to operate as endowed care cemetery filing with division of ...
Status: in_force

214.280. Election to operate as endowed care cemetery filing with division of registration, form — fee — deposit of fee — division's powers and duties — rules authorized. — 1. Operators of all existing cemeteries shall, prior to August twenty-eighth following August 28, 1994, elect to operate each cemetery as an endowed care cemetery as defined in subdivision (16) of section 214.270 and shall register such intention with the division and remit the required registration fee or, failing such election, shall operate each cemetery for which such election is not made as a nonendowed cemetery without regard to registration fees or penalties. Operators of all cemeteries hereafter established shall, within ninety days from the establishment thereof, elect to operate each cemetery as an endowed care cemetery, or as a nonendowed cemetery. Such election for newly established cemeteries shall be filed with the division, on a form provided by the division. Any such election made subsequent to August 28, 1994, shall be accompanied by a filing fee set by the division, and such fee shall be deposited in the endowed care cemetery audit fund as defined in section 193.265 . The fee authorized in this subsection shall not be required from an existing nonendowed cemetery.

2. The division may adopt rules establishing the conditions and procedures governing the circumstances where an endowed care cemetery elects to operate as a nonendowed care cemetery. In the event an endowed care cemetery elects to operate as a nonendowed care cemetery, the division shall make every effort to require such cemetery to meet all contractual obligations for the delivery of services entered into prior to it reverting to the status of a nonendowed cemetery.

(L. 1961 p. 538 § 4, A.L. 1994 S.B. 496 § 214.280 subsecs. 1, 2, A.L. 2009 S.B. 296)
Mo. Rev. Stat. § 632.430 — MO Code / Chapter 632 / Section 632.430
632.430 Appeals — to have priority — attorney general to be notified and to ...
Status: in_force

632.430. Appeals — to have priority — attorney general to be notified and to represent state. — 1. Appeals from court orders made under this chapter may be made by the respondent or by the petitioner to the appropriate appellate court pursuant to the rules of civil procedure of the supreme court of Missouri pertaining to appeals. Such appeal shall have priority on the docket of the appellate court and shall be expedited in all respects. The court shall notify the attorney general's office whenever an appeal is filed under this subsection, and the attorney general shall represent the state when it is a party to such appeal.

2. A motion to stay any order restricting an individual's liberty may be filed in either the court or the appropriate appellate court. A stay order shall not be granted in any case where the court finds that the person is so mentally ill that there is an imminent likelihood of serious physical harm to himself or herself or others if he or she is not detained or treated pending appeal. Any refusal to grant a stay by the court may be reviewed by the appropriate appellate court on motion.

(L. 1980 H.B. 1724, A.L. 2023 S.B. 106)
Mo. Rev. Stat. § 164.241 — MO Code / Chapter 164 / Section 164.241
164.241 Approval by two-thirds of directors required for issuance of bonds.
Status: in_force

164.241. Approval by two-thirds of directors required for issuance of bonds. — Bonds may be issued under section 164.231 pursuant to resolution adopted by the affirmative vote of two-thirds of the members of the board of directors of the school district, and no other proceedings shall be required therefor.

(L. 1963 p. 200 § 5-24) (Source: RSMo 1959 § 176.140)
Mo. Rev. Stat. § 513.649 — MO Code / Chapter 513 / Section 513.649
513.649 Peace officers or reserve officer working with federal agency subject to law.
Status: in_force

513.649. Peace officers or reserve officer working with federal agency subject to law. — Any property seized by state or local peace or reserve officers who are detached to, deputized or commissioned by or working in conjunction with the federal agency shall remain subject to the provisions of this section and sections 513.647 and 513.651 .

(L. 1993 H.B. 562 § 6 subsec. 3)
Mo. Rev. Stat. § 210.622 — MO Code / Chapter 210 / Section 210.622
210.622 Emergency placement of abused or neglected children across state lines, ...
Status: in_force

210.622. Emergency placement of abused or neglected children across state lines, approval required, when. — Notwithstanding the provisions of section 210.620 , the children's division may enter into an agreement with a similar agency in any state adjoining Missouri that provides for the emergency placement of abused or neglected children across state lines, without the prior approval required by the interstate compact. A request for approval pursuant to section 210.620 shall be initiated if the placement extends beyond thirty days.

(L. 1985 H.B. 711, A.L. 2007 S.B. 84) Contingent effective date, see § 210.620
Mo. Rev. Stat. § 304.172 — MO Code / Chapter 304 / Section 304.172
304.172 Fire-fighting equipment exempt from size restrictions.
Status: in_force

304.172. Fire-fighting equipment exempt from size restrictions. — The provisions of sections 304.170 to 304.240 relating to height, width, and length restrictions for motor vehicles shall not apply to any motor vehicle and its attached apparatus which is designed for use and used by a fire department, fire protection district or volunteer fire protection association or when being operated by a fire apparatus manufacturer or sales organization for the purpose of sale, demonstration, exhibit, or delivery to a fire department, fire protection district or volunteer fire protection association.

(L. 1989 S.B. 55, A.L. 1995 S.B. 70, A.L. 2020 H.B. 1963)
Mo. Rev. Stat. § 172.420 — MO Code / Chapter 172 / Section 172.420
172.420 Income to be invested — loaned to students.
Status: in_force

172.420. Income to be invested — loaned to students. — The income of such moneys shall be collected annually and one-fourth of the same be added to the principal for reinvestment and the remaining three-fourths shall be used as a fund to be loaned to students of the university, to be repaid at such interest as may be fixed, in cases only where the same may be needed by any student endeavoring to acquire an education, and the methods and terms of making such loans shall be fixed by rules adopted by said board of curators.

(RSMo 1939 § 10820) Prior revisions: 1929 § 9663; 1919 § 11561
Mo. Rev. Stat. § 243.300 — MO Code / Chapter 243 / Section 243.300
243.300 County commission to levy tax on benefits assessed — form of county clerk's ...
Status: in_force

243.300. County commission to levy tax on benefits assessed — form of county clerk's schedule. — 1. Immediately after the approval and confirmation of the report of the viewers, the county commission shall, by order of record, levy a tax of such portion of said benefits on all lands and other property in the district, to which benefits have been assessed, as may be found necessary by the county commission to pay the cost of the completion of the proposed improvement and the payment of all expenses incident thereto plus ten percent of said total amount for emergencies.

2. The said tax shall be apportioned to and levied on each tract of land or other property in said district in proportion to the benefits assessed and not in excess thereof, and in case bonds are issued as provided in this chapter and hereafter, then the amount of the interest, as estimated by said county commission, which will accrue on such bonds shall be included and added to the said tax, but the interest to accrue on account of the issuing of said bonds shall not be construed as a part of the cost of construction in determining whether or not the expenses of making said improvements is or is not equal to or in excess of the benefits assessed.

3. If deemed advisable the county commission may, by its order of record, provide for the collection of the taxes levied hereunder in not more than twenty annual installments, and in such event it shall fix the number of installments and the amount to be collected each year. The said installments shall be payable and shall be collected in each year at the same time that state and county taxes are due and payable.

4. As soon as said total tax is levied, the county clerk shall, at the expense of the district, prepare a list and schedule of all taxes levied in substantially the following form:

(RSMo 1939 § 12412) Prior revisions: 1929 § 10823; 1919 § 4491