FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 87.435 — MO Code / Chapter 87 / Section 87.435
87.435 Who shall be beneficiaries.
Status: in_force

87.435. Who shall be beneficiaries. — If any member of the fire department of any city shall, while in the performance of his duty, become and be found, upon examination by a medical officer ordered by said board of trustees, to be physically or mentally permanently disabled by reason of age or service in such department, so as to render necessary his retirement from service in said fire department, said board of trustees shall retire such disabled member from service in such fire department; provided, however, no such retirement on account of disability shall occur unless said member has contracted said disability in the service of such fire department, and upon such retirement the said board of trustees shall order the payment to such disabled members of such fire department monthly from the "pension fund" such sum of money as may be determined by the rules and regulations provided for the management of said funds; and in case the party suffering such disability is a member of the volunteer department receiving no pay, the amount to be paid him shall be fixed by the board of trustees. If any such person reenters the service of the department, no such payments shall be made to him during such service.

(RSMo 1939 § 9530) Prior revisions: 1929 § 8965; 1919 § 9066; 1909 § 9891
Mo. Rev. Stat. § 256.643 — MO Code / Chapter 256 / Section 256.643
256.643 Southeast Missouri regional water district, certain counties may be ...
Status: in_force

256.643. Southeast Missouri regional water district, certain counties may be included — governed by commission. — 1. There is hereby established a public corporation to be known as the "Southeast Missouri Regional Water District". The district may include all or part of the following counties: Scott, Mississippi, Stoddard, Butler, New Madrid, Pemiscot and Dunklin.

2. The southeast Missouri regional water district shall be governed by a commission comprised of one person from each county in the district.

(L. 1992 S.B. 661 & 620 § 22 subsecs. 1, 2)
Mo. Rev. Stat. § 562.021 — MO Code / Chapter 562 / Section 562.021
562.021 Culpable mental state, application.
Status: in_force

562.021. Culpable mental state, application. — 1. If the definition of any offense prescribes a culpable mental state but does not specify the conduct, attendant circumstances or result to which it applies, the prescribed culpable mental state applies to each such material element.

2. If the definition of an offense prescribes a culpable mental state with regard to a particular element or elements of that offense, the prescribed culpable mental state shall be required only as to specified element or elements, and a culpable mental state shall not be required as to any other element of the offense.

3. Except as provided in subsection 2 of this section and section 562.026 , if the definition of any offense does not expressly prescribe a culpable mental state for any elements of the offense, a culpable mental state is nonetheless required and is established if a person acts purposely or knowingly; but reckless or criminally negligent acts do not establish such culpable mental state.

4. If the definition of an offense prescribes criminal negligence as the culpable mental state, it is also established if a person acts purposely or knowingly or recklessly. When recklessness suffices to establish a culpable mental state, it is also established if a person acts purposely or knowingly. When acting knowingly suffices to establish a culpable mental state, it is also established if a person acts purposely.

5. Knowledge that conduct constitutes an offense, or knowledge of the existence, meaning or application of the statute defining an offense is not an element of an offense unless the statute clearly so provides.

(L. 1977 S.B. 60, A.L. 1993 S.B. 167, A.L. 1997 S.B. 89)
Mo. Rev. Stat. § 407.140 — MO Code / Chapter 407 / Section 407.140
407.140 Merchandising practices revolving fund established — funding — ...
Status: in_force

407.140. Merchandising practices revolving fund established — funding — administration purposes. — 1. There is created in the state treasury a special trust fund for the office of the attorney general, to be known as the "Merchandising Practices Revolving Fund", which shall consist of money transferred by the general assembly of the state of Missouri from the general revenue fund of this state, and any money paid into the state treasury and required by law to be credited to the merchandising practices revolving fund. The moneys in the merchandising practices revolving fund shall be kept separate and apart from all other moneys in the state treasury and shall be paid out by the state treasurer upon warrants issued by the state auditor as certified by the commissioner of administration upon verified vouchers of the attorney general.

2. Money in the merchandising practices revolving fund shall be available for the payment of all costs and expenses incurred by the attorney general in the investigation, prosecution, and enforcement of the provisions of this chapter, and to provide funds for consumer education and advocacy programs.

3. In any case in which the court awards damages as provided in section 407.100 , there shall be added, in addition to restitution and costs, an amount equal to ten percent of the total restitution awarded, or such other amount as may be agreed upon by the parties or awarded by the court, which amount shall be paid into the state treasury to the credit of the merchandising practices revolving fund.

4. All moneys recovered as court costs or as costs provided by section 407.130 pursuant to litigation brought under the authority of this chapter shall be paid into the state treasury to the credit of the merchandising practices revolving fund.

5. Any restitution awarded under section 407.100 which is not claimed or for which the injured person entitled thereto cannot be found, or which is otherwise remaining after distribution by the attorney general, shall be paid into the state treasury to the credit of the merchandising practices revolving fund.

6. The provisions of section 33.080 requiring the transfer of all unexpended funds to the credit of the ordinary revenue fund of the state shall not apply to funds in the merchandising practices revolving fund.

(L. 1985 H.B. 96, et al., A.L. 1986 S.B. 685) Effective 5-01-86
Mo. Rev. Stat. § 67.085 — MO Code / Chapter 67 / Section 67.085
67.085 Investment of certain public funds, conditions.
Status: in_force

67.085. Investment of certain public funds, conditions. — Notwithstanding any law to the contrary, any political subdivision of the state and any other public entity in Missouri may invest funds of the public entity not immediately needed for the purpose to which such funds or any of them may be applicable provided each public entity meets the requirements for separate deposit insurance of public funds permitted by federal deposit insurance and in accordance with the following conditions:

(1) The public funds are invested through a financial institution which has been selected as a depositary of the funds in accordance with the applicable provisions of the statutes of Missouri relating to the selection of depositaries and such financial institution enters into a written agreement with the public entity;

(2) The selected financial institution arranges for the deposit of the public funds in deposit accounts in one or more financial institutions wherever located in the United States, for the account of the public entity;

(3) Each such deposit account is insured by federal deposit insurance for one hundred percent of the principal and accrued interest of the deposit; and

(4) The selected financial institution acts as custodian for the public entity with respect to such deposit accounts.

(L. 2004 S.B. 1093, A.L. 2012 H.B. 1400, A.L. 2018 H.B. 1879 merged with S.B. 769)
Mo. Rev. Stat. § 160.262 — MO Code / Chapter 160 / Section 160.262
160.262 Mediation, office of the child advocate to coordinate, when — procedures — ...
Status: in_force

160.262. Mediation, office of the child advocate to coordinate, when — procedures — binding agreement, when. — 1. The office of the child advocate as created in section 37.705 shall be authorized to coordinate mediation efforts between school districts and students and charter schools and students when requested by both parties when allegations of child abuse arise in a school setting. The office of the child advocate shall maintain a list of individuals who are qualified mediators. The child advocate shall be available as one of the mediators on the list from which parents can choose.

2. Mediation procedures shall meet the following requirements:

(1) The mediation process shall not be used to deny or delay any other complaint process available to the parties; and

(2) The mediation process shall be conducted by a qualified and impartial mediator trained in effective mediation techniques who is not affiliated with schools or school professional associations, is not a mandated reporter of child abuse under state law or regulation, and who is available as a public service.

3. No student, parent of a student, school employee, charter school, or school district shall be required to participate in mediation under this section. If either the school district or charter school or the student or student's parent does not wish to enter into mediation, mediation shall not occur.

4. Each session in the mediation process shall be scheduled in a timely manner and be held in a location that is convenient to the parties in dispute.

5. Discussions that occur during the mediation process shall be confidential and may not be used as evidence in any subsequent administrative proceeding, administrative hearing, nor in any civil or criminal proceeding of any state or federal court.

6. If the parties resolve a dispute through the mediation process, the parties shall execute a legally binding agreement that sets forth the resolution and:

(1) States that all discussions that occurred during the mediation process shall remain confidential and may not be used as evidence in any subsequent administrative proceeding, administrative hearing, or civil proceeding of any federal or state court; and

(2) Is signed by a representative of each party who has authority to bind the party.

(L. 2011 S.B. 54, A.L. 2013 H.B. 505)
Mo. Rev. Stat. § 162.686 — MO Code / Chapter 162 / Section 162.686
162.686 Audio recording of meetings not to be prohibited — violation, penalty.
Status: in_force

162.686. Audio recording of meetings not to be prohibited — violation, penalty. — 1. No school district or charter school shall prohibit a parent or legal guardian of a student from recording by audio any meeting held under the federal Individuals with Disabilities Education Act (IDEA), 20 U.S.C. Section 1400, et seq., as amended, or Section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. Section 794, as amended.

2. Any recording made by a parent or legal guardian under this section shall be the property of the parent or legal guardian creating the recording. No recording made under this section shall be construed to be a public record made by or prepared for any public governmental body under chapter 610 .

3. No school district or charter school shall impose premeeting notification requirements of recording by a parent or legal guardian of more than twenty-four hours.

4. No school district or charter school employee who reports any violations under this section shall be subject to discharge, retaliation, or any other adverse employment action for making such report.

(L. 2021 H.B. 432)
Mo. Rev. Stat. § 444.590 — MO Code / Chapter 444 / Section 444.590
444.590 Successor operator, assumption of liability — first operator released, when.
Status: in_force

444.590. Successor operator, assumption of liability — first operator released, when. — Where one operator succeeds another at any uncompleted operation, either by sale, assignment, lease or otherwise, the commission may release the first operator from all liability under sections 444.500 to 444.755 as to that particular operation, but only if the successor operator applies for and qualifies for a permit under sections 444.500 to 444.755 and assumes as part of his obligation under sections 444.500 to 444.755 all liability for the reclamation of the area of land affected by the former operator and sufficient bond is filed with the commission as provided in section 444.570 . The successor operator shall not be required to pay the acre fee for any acre or fraction thereof for which a fee has already been paid.

(L. 1971 S.B. 1 § 12)
Mo. Rev. Stat. § 142.817 — MO Code / Chapter 142 / Section 142.817
142.817 Fuel tax exemption for certain public services.
Status: in_force

142.817. Fuel tax exemption for certain public services. — Motor fuel sold to be used to operate public mass transportation service by a city transit authority, a city utilities board, or an interstate transportation authority, as such terms are defined in section 94.600 , a city, or an agency receiving funding from either the Federal Transit Administration's urban or nonurban formula transit programs is exempt from the fuel tax imposed by this chapter. The department shall promulgate rules to implement the provisions of 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 August 28, 2007, shall be invalid and void.

(L. 2007 S.B. 30)
Mo. Rev. Stat. § 569.097 — MO Code / Chapter 569 / Section 569.097
569.097 Tampering with computer equipment — penalties.
Status: in_force

569.097. Tampering with computer equipment — penalties. — 1. A person commits the offense of tampering with computer equipment if he or she knowingly and without authorization or without reasonable grounds to believe that he or she has such authorization:

(1) Modifies, destroys, damages, or takes equipment or data storage devices used or intended to be used in a computer, computer system, or computer network; or

(2) Modifies, destroys, damages, or takes any computer, computer system, or computer network.

2. The offense of tampering with computer equipment is a class A misdemeanor, unless:

(1) The offense is committed for the purpose of executing any scheme or artifice to defraud or obtain any property, the value of which is seven hundred fifty dollars or more, in which case it is a class E felony; or

(2) The damage to such computer equipment or to the computer, computer system, or computer network is seven hundred fifty dollars or more, in which case it is a class E felony; or

(3) The damage to such computer equipment or to the computer, computer system, or computer network is twenty-five thousand dollars or more, in which case it is a class D felony.

(L. 1982 H.B. 1454, et al. § 3, A.L. 1987 H.B. 208, A.L. 2002 H.B. 1888, A.L. 2014 S.B. 491) Effective 1-01-17 CROSS REFERENCE: Civil action for tampering with computer equipment, expenses and attorney fees, 537.525
Mo. Rev. Stat. § 92.830 — MO Code / Chapter 92 / Section 92.830
92.830 Sale, insufficient bid, effect.
Status: in_force

92.830. Sale, insufficient bid, effect. — 1. In the event no bid equal to the full amount of all tax bills included in the judgment, interest, penalties, attorney's fees and costs then due thereon shall be received at the sale, the land reutilization authority shall be deemed to have bid the full amount of all tax bills included in the judgment, interest, penalties, attorney's fees and costs then due, and if no other bid be then received by the sheriff in excess of the bid of the land reutilization authority and the sheriff shall so announce at the sale, then the bid of the land reutilization authority shall be announced as accepted. The sheriff shall report any such bid or bids so made by the land reutilization authority in the same way as his report of other bids is made.

2. Upon confirmation by the court of such bid at such sale by such land reutilization authority, and upon notification by the sheriff, the collector shall mark the tax bills so bid by the land reutilization authority as "cancelled by sale to the land reutilization authority" and shall take credit for the full amount of such tax bills, including principal amount, interest, penalties, attorney's fees, and costs, on his books and his statements with any other taxing authorities.

(L. 1971 H.B. 472 § 24, A.L. 1984 H.B. 1500)
Mo. Rev. Stat. § 214.060 — MO Code / Chapter 214 / Section 214.060
214.060 Petition to be presented to county commission — remonstrance may be filed.
Status: in_force

214.060. Petition to be presented to county commission — remonstrance may be filed. — Whenever it is desired to have any street, avenue, thoroughfare or place in any cemetery vacated, the corporation, association or person owning or controlling such cemetery shall present to the county commission of the county within which such cemetery is located, at a regular or adjourned term of such commission, a petition praying for such vacation, particularly describing the street, avenue, thoroughfare or place sought to be vacated, and shall file with such petition proof that notice of the filing of such petition has been given for at least twenty days by at least three printed or written notices posted in public places in such cemetery, at least one of which shall be posted in each street, avenue, thoroughfare or place sought to be vacated, and published in some newspaper, if such there be, published in the town or city in which or adjacent or approximate to which such cemetery is located. If a remonstrance signed by any three lot owners of such cemetery remonstrating against granting the prayer of such petition be filed on or before the first day of the term at which such petition is filed, then the county commission shall inform itself as to the propriety of granting such petition, and if the commission be of the opinion that the petition should be granted, or if no remonstrance be so filed, the county commission shall make an order vacating the streets, avenues, thoroughfares and places as prayed for in the petition, and the title to the lands so vacated shall revert to the corporation, association or person by whom the cemetery was platted or to the successors of such corporation, association or person.

(RSMo 1939 § 15273) Prior revision: 1929 § 14064
Mo. Rev. Stat. § 228.341 — MO Code / Chapter 228 / Section 228.341
228.341 Private road defined.
Status: in_force

228.341. Private road defined. — For purposes of sections 228.341 to 228.374 , "private road" with regard to a proceeding to obtain a maintenance order means any private road established under this chapter or any easement of access, regardless of how created, which provides a means of ingress and egress by motor vehicle for any owner or owners of residences from such homes to a public road. A private road does not include any road owned by the United States or any agency or instrumentality thereof, or the state of Missouri, or any county, municipality, political subdivision, special district, instrumentality, or agency of the state of Missouri. Nothing in sections 228.341 to 228.374 shall be deemed to apply to any road created by or included in any recorded plat referencing or referenced in an indenture or declaration creating an owner's association, regardless of whether such road is designated as a common element. Nothing in sections 228.341 to 228.374 shall be deemed to apply to any land or property owned or operated by any railroad regulated by the Federal Railroad Administration.

(L. 2012 H.B. 1103)
Mo. Rev. Stat. § 381.026 — MO Code / Chapter 381 / Section 381.026
381.026 Recording of deeds and security instruments.
Status: in_force

381.026. Recording of deeds and security instruments. — 1. The settlement agent shall present for recording all deeds and security instruments for real estate closings handled by it within five business days after completion of all conditions precedent thereto unless otherwise instructed by all of the parties to the transaction.

2. Nothing in this chapter shall be deemed to prohibit the recording of documents prior to the time funds are available for disbursement with respect to a transaction in which a title insurer, title agency, or title agent not affiliated with a title agency is the settlement agent, provided all parties to whom payment will become due upon such recording consent thereto in writing.

(L. 2007 S.B. 66) Effective 1-01-08
Mo. Rev. Stat. § 633.155 — MO Code / Chapter 633 / Section 633.155
633.155 Admission for respite care for limited time only.
Status: in_force

633.155. Admission for respite care for limited time only. — 1. The division may provide or obtain respite care for an intellectually disabled or developmentally disabled person for respite care of up to twenty-one days which may be extended up to an additional twenty-one days for good cause shown. Any additional respite care beyond forty-two days within a one-year period shall be expressly approved by the director of the division.

2. Notwithstanding the provisions of section 633.120 and section 475.120 , a regional center may admit an intellectually disabled or developmentally disabled person who has been declared legally incapacitated for respite care without a court order authorizing the guardian of such person to obtain such care of up to twenty-one days for good cause shown.

(L. 1980 H.B. 1724, A.L. 1983 S.B. 44 & 45, A.L. 1990 H.B. 1383, A.L. 2011 H.B. 555 merged with H.B. 648)
Mo. Rev. Stat. § 34.047 — MO Code / Chapter 34 / Section 34.047
34.047 Information technology purchases, online bidding/vendor registration system ...
Status: in_force

34.047. Information technology purchases, online bidding/vendor registration system to be used for notice, when. — Notwithstanding any provision in section 34.040 , section 34.100 , or any other law to the contrary, departments shall have the authority to purchase products and services related to information technology when the estimated expenditure of such purchase shall not exceed one hundred fifty thousand dollars, the length of any contract or agreement does not exceed twelve months, the department complies with the informal methods of procurement established in section 34.040 , and 1 CSR 40-1.050(1) for expenditures of less than one hundred thousand dollars, and the department posts notice of such proposed purchase on the online bidding/vendor registration system maintained by the office of administration. For the purposes of this section, "information technology" shall mean any computer or electronic information equipment or interconnected system that is used in the acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of information, including audio, graphic, and text.

(L. 2010 H.B. 1868, A.L. 2019 H.B. 1088)
Mo. Rev. Stat. § 537.420 — MO Code / Chapter 537 / Section 537.420
537.420 Tenant for life or years liable for treble damages for waste.
Status: in_force

537.420. Tenant for life or years liable for treble damages for waste. — If any tenant, for life or years, shall commit waste during his estate or term, of anything belonging to the tenement so held, without special license in writing so to do, he shall be subject to a civil action for such waste, and shall lose the thing wasted and pay treble the amount at which the waste shall be assessed.

(RSMo 1939 § 1939 § 3003) Prior revisions: 1929 § 2616; 1919 § 6910; 1909 § 7913 (2002) Presence of liquidated damages clause in lease was not a waiver of right to sue under section and did not constitute implied license for tenant to commit waste. Brizendine v. Conrad, 71 S.W.3d 587 (Mo.banc).