FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 475.094 — MO Code / Chapter 475 / Section 475.094
475.094 Conservator, authorized exercise of powers.
Status: in_force

475.094. Conservator, authorized exercise of powers. — 1. After notice to interested persons and upon express authorization of the court, a conservator may:

(1) Make gifts that the protectee might have been expected to make including, but not limited to, gifts to qualify for government benefits or to reduce federal estate taxes;

(2) Convey, release, or disclaim contingent and expectant interests in property, including marital property rights and any right of survivorship incident to joint tenancy or tenancy by the entireties;

(3) Exercise or release a power of appointment;

(4) Create a revocable or irrevocable trust of property of the estate, whether the trust extends beyond the duration of the conservatorship, or revoke or amend a trust revocable by the protected person;

(5) Exercise rights to elect options and change beneficiaries under insurance policies and annuities or surrender the policies and annuities for cash value;

(6) Exercise any right to an elective share in the estate of the protectee's deceased spouse and to renounce or disclaim any interest by testate or intestate succession or by transfer during lifetime.

2. The court, in exercising or in approving a conservator's exercise of the powers listed under subsection 1 of this section, shall consider primarily the decision that the protectee would have made, to the extent that the decision can be ascertained. The court shall also consider:

(1) The financial needs of the protectee and the needs of individuals who are in fact dependent on the protectee for support and the interest of creditors;

(2) Possible reduction of income, estate, inheritance, or other tax liabilities;

(3) Eligibility for government assistance;

(4) The protectee's previous pattern of giving or level of support;

(5) The existing estate plan;

(6) The protectee's life expectancy and the probability that the conservatorship will terminate before the protectee's death; and

(7) Any other factors the court considers relevant.

3. Without authorization of the court, a conservator shall not revoke or amend a durable power of attorney of which the protectee is the principal.

(L. 1983 S.B. 44 & 45, A.L. 2018 S.B. 806)
Mo. Rev. Stat. § 429.160 — MO Code / Chapter 429 / Section 429.160
429.160 Assignment of mechanics' liens — rights of assignee.
Status: in_force

429.160. Assignment of mechanics' liens — rights of assignee. — Any two or more persons having filed in the clerk's office mechanics' liens may assign to each other or to any other person all their right, title and interest in and to such mechanics' liens, and the assignee thereof may bring suit in his name and enforce all such assigned liens as fully as if the same had not been assigned.

(RSMo 1939 § 3615, A. 1949 S.B. 1120) Prior revisions: 1929 § 3225; 1919 § 7285; 1909 § 8266
Mo. Rev. Stat. § 265.510 — MO Code / Chapter 265 / Section 265.510
265.510 Violation, penalty for.
Status: in_force

265.510. Violation, penalty for. — An intentional violation of the provisions of sections 265.500 to 265.515 by any person or persons sampling grain for the purpose of determining the price thereof shall be deemed a misdemeanor and, upon conviction, shall be fined a sum not to exceed five hundred dollars.

(L. 1975 S.B. 57 § 4)
Mo. Rev. Stat. § 162.391 — MO Code / Chapter 162 / Section 162.391
162.391 Employment of board members prohibited — secretary and treasurer, ...
Status: in_force

162.391. Employment of board members prohibited — secretary and treasurer, compensated, when. — No member of any board of education of a seven-director district, any portion of which is located in a first class county, shall hold any office or employment of profit from the board while a member thereof. No member of any board of education of a seven-director district, any portion of which is located in a county of the second, third or fourth class, shall, except as provided in sections 105.450 to 105.458 , hold any office or employment of profit from the board while a member thereof. The secretary and treasurer, if not members of the board, may receive reasonable compensation for their services.

(L. 1963 p. 200 § 3-38, A.L. 1973 H.B. 158, A.L. 1989 H.B. 493) (Source: RSMo 1959 § 165.360)
Mo. Rev. Stat. § 513.385 — MO Code / Chapter 513 / Section 513.385
513.385 Showing of reasonable ground for order required.
Status: in_force

513.385. Showing of reasonable ground for order required. — The order above provided for shall issue only in case it be made to appear to the court or judge, by affidavit or other evidence satisfactory to the court or judge, that there is reasonable ground to believe that such judgment debtor has property subject to execution, or has conveyed or attempted to convey his property, with a design to defraud, hinder or delay his creditors, such affidavit to be made to the best of the knowledge and belief of the affiant.

(RSMo 1939 § 1392, A.L. 1978 H.B. 1634) Prior revisions: 1929 § 1228; 1919 § 1680; 1909 § 2249 Effective 1-02-79
Mo. Rev. Stat. § 375.535 — MO Code / Chapter 375 / Section 375.535
375.535 Director to issue charges when he believes assumption of additional risks ...
Status: in_force

375.535. Director to issue charges when he believes assumption of additional risks financially hazardous — hearing — cease and desist order, when. — Whenever the director has reason to believe that any insurance company licensed to do business in this state is, because of the nature and extent of the risks assumed by the company, in such financial condition that the assumption of additional risks would be hazardous to creditors, policyholders, or the general public, he may issue and serve upon the company a statement of charges and notice of hearing thereon. If after a hearing the director finds that the company is in such financial condition that the assumption of additional risks would be hazardous to creditors, policyholders or the general public, he shall order the company to cease and desist from writing any new business until the company's financial condition is no longer hazardous thereto.

(L. 1967 p. 516)
Mo. Rev. Stat. § 386.410 — MO Code / Chapter 386 / Section 386.410
386.410 Commission to adopt rules of procedure, technical rules of evidence not to ...
Status: in_force

386.410. Commission to adopt rules of procedure, technical rules of evidence not to apply — proceedings to be informal. — 1. All hearings before the commission or a commissioner shall be governed by rules to be adopted and prescribed by the commission. And in all investigations, inquiries or hearings the commission or commissioner shall not be bound by the technical rules of evidence.

2. No formality in any proceeding nor in the manner of taking testimony before the commission or any commissioner shall invalidate any order, decision, rule or regulation made, approved or confirmed by the commission.

(RSMo 1939 § 5600, A.L. 1947 V. I p. 463, A.L. 1977 H.B. 42 & 157, A.L. 1996 S.B. 780) Prior revisions: 1929 § 5144; 1919 § 10433
Mo. Rev. Stat. § 84.012 — MO Code / Chapter 84 / Section 84.012
84.012 Ordinances by common council or municipal assembly, permissible — ...
Status: in_force

84.012. Ordinances by common council or municipal assembly, permissible — ordinances in conflict with board of police commissioners prohibited. — In all cities of this state not within a county, the common council or municipal assembly of such cities may pass ordinances for preserving order; securing property and persons from violence, danger, or destruction; protecting public and private property; and promoting the interests and ensuring the good governance of the cities, but no ordinances heretofore passed, or that may hereafter be passed, by the common council or municipal assembly of the cities shall, in any manner, conflict or interfere with the powers or the exercise of the powers of the boards of police commissioners of the cities as created by section 84.020 , nor shall the cities or any officer or agent of the corporation of the cities, or the mayor thereof, in any manner impede, obstruct, hinder, or interfere with the boards of police, any officer, agent, or servant thereof or thereunder.

(L. 2025 H.B. 495) Severability clause, see § 1.1001
Mo. Rev. Stat. § 472.040 — MO Code / Chapter 472 / Section 472.040
472.040 Costs.
Status: in_force

472.040. Costs. — In all suits and other proceedings in the probate division of the circuit court, the party prevailing shall recover his costs against the other party, except in those cases in which a different provision is made by law. Whenever costs are given against executors and administrators, the estate shall pay the costs. Parties presenting claims against estates, for the same causes and in the same manner, may be ruled to give security for costs, as is provided in practice in civil cases.

(RSMo 1939 § 203, A.L. 1955 p. 385 § 5, A.L. 1978 H.B. 1634) Prior revisions: 1929 § 204; 1919 § 203; 1909 § 212 Effective 1-02-79 CROSS REFERENCE: Probate fees, 483.580
Mo. Rev. Stat. § 43.190 — MO Code / Chapter 43 / Section 43.190
43.190 Authority to arrest, pursue violators.
Status: in_force

43.190. Authority to arrest, pursue violators. — The members of the patrol, with the exception of the director of radio and radio personnel, are hereby declared to be officers of the state of Missouri and shall be so deemed and taken in all courts having jurisdiction of offenses against the laws of this state. The members of the patrol shall have the powers now or hereafter vested by law in peace officers except the serving or execution of civil process. The members of the patrol shall have authority to arrest without writ, rule, order or process any person detected by him in the act of violating any law of this state. When a member of the patrol is in pursuit of a violator or suspected violator and is unable to arrest such violator or suspected violator within the limits of the district or territory over which the jurisdiction of such member of the patrol extends, he shall be and is hereby authorized to continue in pursuit of such violator or suspected violator into whatever part of this state may be reasonably necessary to effect the apprehension and arrest of the same and to arrest such violator or suspected violator wherever he may be overtaken.

(RSMo 1939 § 8359, A.L. 1949 p. 293) (1953) Highway patrolman, being an officer of the state, has the right to arrest without warrant a person whom he has probable cause to believe guilty of felony. State v. Campbell (Mo.), 262 S.W.2d 5.
Mo. Rev. Stat. § 139.340 — MO Code / Chapter 139 / Section 139.340
139.340 Notification by clerk to treasurer — completion of books.
Status: in_force

139.340. Notification by clerk to treasurer — completion of books. — The county clerk shall notify the county treasurer that said books are completed, and shall furnish the treasurer with a statement setting forth the name of each collector, the amount of money to be collected and paid over for each purpose for which the tax is levied in each of the several townships.

(RSMo 1939 § 13999) Prior revisions: 1929 § 12322; 1919 § 13235; 1909 § 11723
Mo. Rev. Stat. § 188.160 — MO Code / Chapter 188 / Section 188.160
188.160 Whistleblower protection policy, required when — rulemaking authority.
Status: in_force

188.160. Whistleblower protection policy, required when — rulemaking authority. — 1. Every hospital, abortion facility, pathology lab, medical research entity, and any other facility involved in abortion shall establish and implement a written policy relating to the protections for employees who disclose information concerning actual, potential, or alleged violations of applicable federal or state laws or administrative rules, regulations, or standards.

2. The department of health and senior services is authorized to adopt rules, regulations, and standards regarding the establishment and implementation of policies created under this section. 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 October 24, 2017, shall be invalid and void.

(L. 2017 2d Ex. Sess. S.B. 5) Effective 10-24-17
Mo. Rev. Stat. § 569.135 — MO Code / Chapter 569 / Section 569.135
569.135 Unlawfully entering or defacing a cave or cavern — penalty.
Status: in_force

569.135. Unlawfully entering or defacing a cave or cavern — penalty. — 1. Unless a person has the prior written permission of an owner, officer, lessee, or superintendent of a cave or cavern, such person commits the offense of unlawfully entering or defacing a cave or cavern if he or she:

(1) Willfully or knowingly breaks, breaks off, cracks, carves upon, writes or otherwise marks upon, or in any manner destroys, mutilates, injures, defaces, removes, displaces, mars, or harms the surfaces of any cave or any natural material therein including, without limitation, stalactites, stalagmites, helictites, anthodites, gypsum flowers, or needles, cave pearls, flowstone, draperies, rimstone, spathites, columns or similar crystalline mineral formation, including the host rock thereof; or

(2) Breaks, forces, tampers with, removes, or otherwise disturbs a lock, gate, door or other structure designed to prevent entrance to a cave or cavern. A person violates this subsection whether or not entrance to the cave or cavern is achieved.

2. No additional appropriations may be made for the enforcement of this section.

3. The provisions of this section do not apply to vertical or horizontal underground mining operations.

4. The offense of unlawfully entering or defacing a cave or cavern is a class A misdemeanor.

(L. 1980 H.B. 1192 § 3, A.L. 2014 S.B. 491) Transferred 2014; formerly 578.210; Effective 1-01-17 CROSS REFERENCE: Caves open to public, requirements, 293.620
Mo. Rev. Stat. § 165.031 — MO Code / Chapter 165 / Section 165.031
165.031 Lost or destroyed check, duplicate to issue, when.
Status: in_force

165.031. Lost or destroyed check, duplicate to issue, when. — If a check issued by any school district in this state is lost or destroyed and satisfactory proof of the loss or destruction is made to the board of the school district which has issued the check, and the depositary upon which the check was drawn certifies that the check has not been presented for payment, the board of the district may cause to be issued a duplicate check of like number, date and amount, in favor of the payee named in the original check. The words, "this duplicate, the original unpaid", shall be inserted in the check after the name of the payee and the board immediately shall cause the depositary to be notified of the issue of the duplicate and the depositary shall pay the duplicate, but not the original, when presented for payment under the conditions which would have entitled the original to payment. The applicant for the duplicate check also shall execute and deliver to the treasurer a bond payable to the school district in the amount of the check with good and sufficient security to be approved by the treasurer and conditioned that the applicant will indemnify the school district, or any legal holder of the original check, for any loss which occurs in case the original check is produced or presented for payment. The bond may be enforced by suit in the name of obligee to its own use or to the use of the party entitled to the benefit thereof. Any municipal corporation or other political subdivision of the state to which, or to whose fiscal officer, any original lost or destroyed school check was payable, pursuant to resolution of its governing body, may execute the bond, and in such cases the bond may be accepted without surety or other security.

(L. 1963 p. 200 § 6-3, A.L. 1973 H.B. 232, A.L. 1977 S.B. 111 & H.B. 130) (Source: RSMo 1959 § 165.113)
Mo. Rev. Stat. § 8.178 — MO Code / Chapter 8 / Section 8.178
8.178 Violation of parking regulations, penalty.
Status: in_force

8.178. Violation of parking regulations, penalty. — Any person who violates sections 8.172 to 8.174 * , or section 8.177 , or any of the traffic or parking regulations of the commissioner shall be punished as follows: Fines for traffic violations shall not, except as provided by section 301.143 , exceed five dollars for overparking, fifteen dollars for double parking and fifty dollars for speeding, and the circuit court of Cole County has authority to enforce this law.

(L. 1955 p. 765 § 4, A.L. 1957 p. 726, A.L. 1978 H.B. 1634, A.L. 1995 H.B. 421 merged with H.B. 622) *Section 8.174 was repealed by H.B. 622, 1995.
Mo. Rev. Stat. § 208.530 — MO Code / Chapter 208 / Section 208.530
208.530 Definitions.
Status: in_force

208.530. Definitions. — As used in sections 208.530 to 208.535 , the following terms shall mean:

(1) "Commission" , the commission on the special health, psychological and social needs of minority older individuals established in section 208.533 ;

(2) "Minority older individual" , an individual who is sixty years of age or older and a member of a racial minority group;

(3) "Racial minority group" :

(a) Blacks or African Americans;

(b) Native Americans;

(c) Hispanics;

(d) Asian Americans; and

(e) Other similar racial minority groups.

(L. 1994 S.B. 480, A.L. 1999 S.B. 7)
Mo. Rev. Stat. § 355.421 — MO Code / Chapter 355 / Section 355.421
355.421 Loans, guarantees for directors, officers.
Status: in_force

355.421. Loans, guarantees for directors, officers. — A corporation which qualifies for an exemption from federal income tax in accordance with U.S.C. 26 Sec. 501(c) may lend money to or guarantee the obligation of a director or officer of the corporation, provided that such loan does not exceed the lesser of twenty-five percent of the total assets of the corporation or two hundred and fifty thousand dollars.

(L. 1994 H.B. 1095) Effective 7-01-95
Mo. Rev. Stat. § 407.663 — MO Code / Chapter 407 / Section 407.663
407.663 Advertisements, requirements.
Status: in_force

407.663. Advertisements, requirements. — An advertisement for a rental-purchase agreement that refers to or states the amount of the payment or the right to acquire ownership of any one particular item under the agreement must clearly and conspicuously state:

(1) That the transaction advertised is a rental-purchase agreement;

(2) The total amount and number of payments necessary to acquire ownership of the merchandise; and

(3) That the consumer does not acquire ownership rights in the merchandise until all payments have been made under the terms of the agreement.

(L. 1988 H.B. 988)
Mo. Rev. Stat. § 376.432 — MO Code / Chapter 376 / Section 376.432
376.432 Group-type basis, defined.
Status: in_force

376.432. Group-type basis, defined. — As used in sections 376.431 to 376.442 , the term "group-type basis" means a benefit plan, other than salary budget plans utilizing individual insurance policies or contracts, which meets the following conditions:

(1) Coverage is provided through insurance policies or contracts to classes of employees or members defined in terms of conditions pertaining to employment or membership;

(2) The coverage is not available to the general public and can be obtained and maintained only because of the covered person's membership in or connection with the particular organization or group;

(3) There are arrangements for bulk payment of premiums or subscription charges to the insurer or health services corporation; and

(4) There is sponsorship of the plan by the employer, union or association.

(L. 1985 H.B. 623, A.L. 1999 H.B. 903)
Mo. Rev. Stat. § 473.137 — MO Code / Chapter 473 / Section 473.137
473.137 Administrator pending contest, appointed when — duties.
Status: in_force

473.137. Administrator pending contest, appointed when — duties. — 1. If the validity of a will is contested by any person who, after a hearing in the probate division, is found to be interested in the probate of the will, the court shall grant letters of administration to the executor named in the will, if he has no beneficial interest in the estate save the compensation allowed by law to executors, upon giving bond in such amount as the court may require.

2. If, after such hearing, it appears that the executor named in the will has an interest adverse to any such contestant of the will, the court may, in its discretion, grant letters of administration to some disinterested person or corporation, who shall give proper bond.

3. An administrator appointed pursuant to this section shall proceed with the administration of the estate until termination of the will contest, at which time he shall account to the executor or legal administrator when qualified, and, if it shall appear to the court that the decedent died possessed of real estate in the state, the court shall direct him to take charge of and manage such real estate until the termination of such will contest.

(RSMo 1939 § 14, A.L. 1955 p. 385 § 68, A.L. 1978 H.B. 1634) Prior revision: 1929 § 14 Effective 1-02-79
Mo. Rev. Stat. § 334.725 — MO Code / Chapter 334 / Section 334.725
334.725 Violations, penalty.
Status: in_force

334.725. Violations, penalty. — Any person who violates any provision of sections 334.700 to 334.725 is guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a class B misdemeanor.

(L. 1983 H.B. 162 & 274 § 13, A.L. 2020 H.B. 2046)
Mo. Rev. Stat. § 260.090 — MO Code / Chapter 260 / Section 260.090
260.090 Proposed expenditure of federal funds in coming fiscal year requires ...
Status: in_force

260.090. Proposed expenditure of federal funds in coming fiscal year requires itemized report to appropriations and the oversight division, committee on legislative research. — On or before the first Wednesday after the first Monday in January of each year, if the state environmental improvement and energy resources authority desires to receive and expend moneys from the federal government in the next fiscal year of the state, the authority shall submit to the senate appropriations committee, the house appropriations committee and the oversight division of the committee on legislative research an itemization of all federal funds to be received, including the federal source thereof and plans including the expenditure of such funds.

(L. 1972 H.B. 1041 § 19, A.L. 1982 S.B. 506) Effective 4-30-82