FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 105.230 — MO Code / Chapter 105 / Section 105.230
105.230 Officer liable to party injured, when.
Status: in_force

105.230. Officer liable to party injured, when. — If any civil or military officer of this state shall, by any official act, cause any person or persons, subject to his order or control, to render services or to expend time or money in the performance of any service not authorized by the laws of the land, the officer directing, ordering or compelling the performance of such unauthorized service shall be liable to the person or persons performing such service for the amount of all expenses they may incur or time lost in the performance of the same, and shall also be liable to any person, body politic or corporate, for any injury which may be sustained in consequence of such unlawful or unauthorized procedure; and the same shall be recoverable before any magistrate or other court having competent jurisdiction. Nothing contained in sections 105.010 or 105.210 to 105.240 shall extend to judicial officers when acting judicially.

(RSMo 1939 § 12823) Prior revisions: 1929 § 11199; 1919 § 9172; 1909 § 10201
Mo. Rev. Stat. § 60.496 — MO Code / Chapter 60 / Section 60.496
60.496 Geodetic reference networks, use of permitted.
Status: in_force

60.496. Geodetic reference networks, use of permitted. — The provisions of this chapter shall not be construed to prohibit the appropriate use of other geodetic reference networks.

(L. 2023 S.B. 138)
Mo. Rev. Stat. § 428.130 — MO Code / Chapter 428 / Section 428.130
428.130 Filing officers not liable.
Status: in_force

428.130. Filing officers not liable. — Filing officers and any employees thereof, acting in the scope of employment, shall not be liable for damages pursuant to sections 428.105 to 428.125 and, except as otherwise provided by law, shall not be required to defend decisions to accept or reject any documents.

(L. 1996 S.B. 869 § D-6)
Mo. Rev. Stat. § 41.955 — MO Code / Chapter 41 / Section 41.955
41.955 Lease of National Guard property authorized, purpose — contents of lease.
Status: in_force

41.955. Lease of National Guard property authorized, purpose — contents of lease. — 1. The commissioner of administration is hereby authorized to lease property owned by the state and under the control of the National Guard to organizations or activities which are compatible with the Armed Forces of the United States and which support the mission of the Missouri National Guard for the purpose of the construction of a building or buildings at the Missouri National Guard training site, Algoa, at no expense to the state of Missouri. The property to be leased shall be further described as follows: A section of land 350 acres, more or less, - Plat numbers 1 and 2 as noted in Cole County Plat Book Number 1, said land specifications being incorporated herein, and the western half of Plat No. 3 as noted in the aforementioned page from Cole County Plat Book Number 1.

2. The lease may provide for a term as long as fifty years and may provide for renewal periods. The rental payment shall be as agreed by the parties. The lease shall provide that any improvements on the property shall become the property of the state upon termination of the lease.

(L. 1994 S.B. 460) Effective 5-10-94
Mo. Rev. Stat. § 379.125 — MO Code / Chapter 379 / Section 379.125
379.125 Reinsurance.
Status: in_force

379.125. Reinsurance. — Any company or association, other than life, organized under the provisions of chapter 379 may cause itself to be wholly or partially reinsured against any loss arising from any risk which it may have undertaken, and in like manner may reinsure or guarantee any other corporation doing the same kind of business as itself (including, for policies issued outside of the United States, insurance of life risks that are attached as riders to policies, provided that the aggregate premium assumed on an annual basis pursuant to such life risks does not exceed three percent of the capital and surplus of such company as of the thirty-first day of December of the preceding year), against loss arising from any risks that shall have been or may be undertaken by such corporation, or may join with any such corporation in any such risk, and may make and enter into all manner of contracts relating to such reinsurance and joint insurance, and the terms upon which the same shall be conducted; provided, however, any company reinsuring the whole of any single risk or risks the same being a substantial portion of all risks insured by the company shall be subject to the provisions of section 375.241 * .

(RSMo 1939 § 5927, A.L. 1967 p. 516, A.L. 2016 H.B. 2194) Prior revisions: 1929 § 5816; 1919 § 6226; 1909 § 7017 *Section 375.241 was repealed by H.B. 709, 1993. (1958) Where each of two insurance policies covering the same loss contained provision that when insured had other insurance, the insurance provided by the policy was excess insurance over the other insurance, such provisions are mutually repugnant and are to be disregarded. Arditi v. Mass. Bonding & Ins. Co. (Mo.), 315 S.W.2d 736.(Mo.), 357 S.W.2d 139. (1962) In garnishment proceeding by judgment creditor of insured against reinsurer of automobile liability policy, where superintendent of insurance as receiver of insolvent original insurer was a party and claimed money payable under reinsurance contract, held that under reinsurance contract indemnity against liability was provided and judgment creditor could recover from reinsurer as third party beneficiary. First National Bank of Kansas City v. Higgins (Mo.), 357 S.W.2d 139.
Mo. Rev. Stat. § 521.390 — MO Code / Chapter 521 / Section 521.390
521.390 Judgment upon constructive service, effect of.
Status: in_force

521.390. Judgment upon constructive service, effect of. — Such judgment shall bind only the property and effects attached, and no execution shall issue against any other property of the defendant; nor shall such judgment be any evidence of debt against the defendant in any subsequent suit.

(RSMo 1939 § 1475) Prior revisions: 1929 § 1311; 1919 § 1762; 1909 § 2331
Mo. Rev. Stat. § 192.760 — MO Code / Chapter 192 / Section 192.760
192.760 Definitions.
Status: in_force

192.760. Definitions. — As used in sections 192.760 and 192.762 and sections 208.175 and 208.176 , the following terms mean:

(1) "General license" , a license, effective pursuant to rules promulgated by the department of health and senior services, without the filing of an application, to transfer, acquire, own, possess, or use quantities of, or devices or equipment utilizing, radioactive material;

(2) "Ionizing radiation" , gamma rays and X rays, alpha particles, beta particles, high-speed electrons, neutrons, protons, high-speed ions and other high-speed nuclear particles;

(3) "Mammography" , radiography of the breast for the purpose of enabling a physician to determine the presence, size, location and extent of cancerous or potentially cancerous tissue in the breast;

(4) "Mammography authorization" , authorization under section 208.176 to use a radiation machine for mammography;

(5) "Mammography system" , the radiation machine used for mammography; automatic exposure control devices; films, screens, and cassettes; image processor; darkroom; and view boxes;

(6) "Person" , any person, firm, partnership, limited partnership, corporation, association, institution, political subdivision or other organization;

(7) "Radiation machine" , a machine, other than those exempted by department rule, that emits ionizing radiation;

(8) "Radiation physicist" , a person who is certified by the American Board of Radiology in radiological physics or one of the specialties of radiological physics;

(9) "Radioactive material" , a solid, liquid, or gas which emits ionizing radiation spontaneously;

(10) "Radiography" , the making of a film or other record of an internal structure of the body by passing X rays or gamma rays through the body to act on film or other image receptor;

(11) "Registration" , registration of a source of ionizing radiation in writing with the department of health and senior services;

(12) "Source of ionizing radiation" , a device or material that emits ionizing radiation;

(13) "Specific license" , a license issued to use, manufacture, produce, transfer, receive, acquire, own, or possess quantities of, or devices or equipment utilizing, radioactive material.

(L. 1992 S.B. 721 § 5)
Mo. Rev. Stat. § 565.130 — MO Code / Chapter 565 / Section 565.130
565.130 Kidnapping, third degree, penalty.
Status: in_force

565.130. Kidnapping, third degree, penalty. — 1. A person commits the offense of kidnapping in the third degree if he or she knowingly restrains another unlawfully and without consent so as to interfere substantially with his or her liberty.

2. The offense of kidnapping in the third degree is a class A misdemeanor unless the person unlawfully restrained is removed from this state, in which case it is a class E felony.

(L. 1977 S.B. 60, A.L. 2014 S.B. 491) Effective 1-01-17
Mo. Rev. Stat. § 64.975 — MO Code / Chapter 64 / Section 64.975
64.975 Natural streams, procedure to adopt, voter approval required — question may ...
Status: in_force

64.975. Natural streams, procedure to adopt, voter approval required — question may be resubmitted to voters, when. — 1. Any measure adopted by the voters to designate specific waterways, streams, rivers or other waters of the state as natural streams requiring special protection shall become effective within any county containing a designated waterway, stream, river or other waters of the state, only upon approval of a majority of the voters of the county voting thereon. If a majority of the voters of the county voting thereon fail to approve the measure, it shall have no effect within the county unless and until the question is again put to the voters and approved by a majority of the voters of the county voting thereon. The election authority shall put the question before the voters at any regular election pursuant to section 115.123 upon adoption of an ordinance or order by the county governing body but the question shall not be put before the voters more often than every two years.

2. The designation of any waterway, stream, river or other waters of the state identified as a natural stream requiring special protection by an agency, commission or department of the state shall become effective upon the approval of a majority of the voters voting thereon. If a majority of the voters of the county voting thereon fail to approve the measure, it shall have no effect within the county unless and until the question is again put to the voters and approved by a majority of the voters of the county voting thereon. The election authority shall put the question before the voters at any regular election pursuant to section 115.123 upon adoption of an ordinance or order by the county governing body but the question shall not be put before the voters more often than every two years.

(L. 1990 S.B. 814 § 1)
Mo. Rev. Stat. § 96.226 — MO Code / Chapter 96 / Section 96.226
96.226 Bonds, interest, mature when.
Status: in_force

96.226. Bonds, interest, mature when. — 1. Revenue bonds issued under section 96.222 shall be of such denomination, shall bear such rate of interest not to exceed the highest rate permitted by law, and shall mature at such times as determined by the city council upon the recommendation of the board of trustees. The bonds may be either serial bonds or term bonds and may be issued with or without reservation of the right to call them for payment or redemption in advance of their maturity, upon the giving of notice and with or without the covenant requiring the payment of a premium in the event of the call and redemption prior to maturity as the board determines.

2. The bonds when issued and sold shall be negotiable instruments within the meaning of the law merchant and the negotiable instruments law and the interest thereon is exempt from income taxes under the laws of the state of Missouri.

(L. 1969 p. 171)
Mo. Rev. Stat. § 238.362 — MO Code / Chapter 238 / Section 238.362
238.362 Toll enforcement, authority — toll assessment and collection, methods — ...
Status: in_force

238.362. Toll enforcement, authority — toll assessment and collection, methods — notice to be posted near toll facility. — 1. The commission may authorize transportation corporations which operate a toll facility to enforce the payment of tolls against the operator of a vehicle for the failure of an operator of such vehicle to comply with the toll collection regulations in accordance with the provisions of sections 238.365 and 238.367 . Such authorizations shall be made in accordance with rules promulgated pursuant to chapter 536 .

2. An authorized corporation may use any method for assessing and collecting tolls, including but not limited to toll tickets, barrier toll facilities, billing accounts, commuter passes and electronic recording or identification devices. The display of a recording or identification device issued or authorized by a corporation for these purposes on or near the windshield of a motor vehicle shall not be a violation of any law or rule in the state of Missouri, unless the device is attached in a way that obstructs the driver's clear view of the highway or an intersecting highway.

3. A corporation operating a toll facility shall post notice on or around a toll facility in the plain view of drivers of vehicles which reads as follows:

NOTICE

FAILURE TO PAY THE REQUIRED TOLL IS A TRAFFIC VIOLATION. TOLL BOOTH OPERATORS WILL REPORT ANY FAILURE TO PAY REQUIRED TOLLS TO LAW ENFORCEMENT OFFICIALS WHO WILL ISSUE A TRAFFIC CITATION.

(L. 1997 S.B. 67)
Mo. Rev. Stat. § 334.930 — MO Code / Chapter 334 / Section 334.930
334.930 Immunity from liability for emergency care.
Status: in_force

334.930. Immunity from liability for emergency care. — A respiratory care practitioner may:

(1) In good faith render emergency care or assistance, without compensation, at the scene of an emergency or accident, and shall not be liable for any civil damages, for acts or omissions other than damages occasioned by negligence or by willful or wanton acts or omissions by such person in rendering such emergency care;

(2) In good faith render emergency care or assistance, without compensation, to any minor involved in an accident, or in competitive sports, or other emergency at the scene of an accident, without first obtaining the consent of the parent or guardian of the minor, and shall not be liable for any civil damages other than damages occasioned by negligence or by willful or wanton acts or omissions by such person in rendering the emergency care.

(L. 1996 H.B. 999 § 14)
Mo. Rev. Stat. § 191.1005 — MO Code / Chapter 191 / Section 191.1005
191.1005 Premises not to be used to administer certain controlled substances — ...
Status: in_force

191.1005. Premises not to be used to administer certain controlled substances — inapplicability, when. — 1. No individual or entity shall knowingly open, lease, rent, own, use, maintain, manage, operate, or control a public or private facility, site, or building for the purpose, in part or in whole, of allowing individuals to self-administer preobtained controlled substances, the possession of which by the individual is punishable under section 579.015 and is not otherwise authorized by chapters 195 and 579 .

2. This section shall not apply to any health care facility licensed pursuant to chapter 197 or 198 that:

(1) Provides medical assistance or monitoring to individuals who have self-administered controlled substances;

(2) Provides sterile injection supplies;

(3) Collects used hypodermic needles and syringes; or

(4) Provides secure hypodermic needle and syringe disposal services.

3. This section shall not affect the immunity from liability provided by section 195.205 for any individual who, in good faith, seeks or obtains medical assistance for someone who is experiencing an overdose of a controlled substance or for any individual experiencing an overdose of a controlled substance who seeks medical assistance for himself or herself or is the subject of a good faith request for medical assistance for an overdose of a controlled substance.

4. As used in this section, the term "controlled substance" means a drug, substance, or immediate precursor in Schedules I through V listed in chapter 195 .

(L. 2025 H.B. 495) Severability clause, see § 1.1001 )
Mo. Rev. Stat. § 115.007 — MO Code / Chapter 115 / Section 115.007
115.007 Presumption against implied repealer.
Status: in_force

115.007. Presumption against implied repealer. — No provision of this chapter shall be construed as impliedly amended or repealed by subsequent legislation if such construction can be reasonably avoided.

(L. 1977 H.B. 101 § 1.015 , A.L. 2013 S.B. 99, A.L. 2018 S.B. 592 merged with S.B. 975 & 1024 Revision) Effective 8-28-18 (S.B. 975 & 1024 Revision); 11-07-18 (S.B. 592)
Mo. Rev. Stat. § 167.223 — MO Code / Chapter 167 / Section 167.223
167.223 High school may offer postsecondary course options — fees.
Status: in_force

167.223. High school may offer postsecondary course options — fees. — 1. Public high schools may, in cooperation with Missouri public two-year colleges and public or private four-year colleges and universities, offer postsecondary course options to high school students. A postsecondary course option allows eligible students to attend vocational or academic classes on a college or university campus and receive both high school and college credit upon successful completion of the course.

2. For purposes of state aid, the pupil's resident district shall continue to count the pupil in the average daily attendance of such resident district for any time the student is attending a postsecondary course.

3. Any pupil enrolled in a two-year college under a postsecondary course option shall be considered a resident student for the purposes of calculating state aid to the two-year college.

4. Two-year colleges and four-year colleges and universities may charge reasonable fees for pupils enrolled in courses under a postsecondary course option. Such fees may be paid by the district of residence or by the pupil, as determined by the agreement between the district of residence and the college or university.

(L. 1990 S.B. 740 § 37, A.L. 1998 S.B. 553, A.L. 2016 S.B. 997)
Mo. Rev. Stat. § 393.909 — MO Code / Chapter 393 / Section 393.909
393.909 May amend articles of incorporation, how.
Status: in_force

393.909. May amend articles of incorporation, how. — A company may amend its articles of incorporation by complying with the following requirements:

(1) The proposed amendment shall be first approved by the board of directors and shall then be submitted to a vote of the members at any annual or special meeting of such members, the notice of which shall set forth the proposed amendment. The proposed amendment, with such changes as the members shall choose to make to such amendment, shall be approved on the affirmative vote of not less than two-thirds of those members voting on such amendment at such meeting; and

(2) (a) Upon such approval by the members, articles of amendment shall be executed and acknowledged in duplicate on behalf of the company by its president or vice president and its corporate seal shall be affixed thereto and attested by its secretary. The articles of amendment shall recite in the caption that they are executed pursuant to sections 393.900 to 393.951 and shall state:

a. The name of the company;

b. The address of its principal office;

c. The date of the filing of its articles of incorporation in the office of the secretary of state; and

d. The amendment to its articles of incorporation.

(b) The president or vice president executing such articles of amendment shall also make and annex to each copy of such articles an affidavit stating that the provisions of sections 393.900 to 393.951 were duly complied with.

(c) Such articles of amendment and affidavit shall be submitted to the secretary of state for filing.

(L. 1999 H.B. 450 § 4 merged with S.B. 160 & 82 § 4)
Mo. Rev. Stat. § 644.053 — MO Code / Chapter 644 / Section 644.053
644.053 Construction permit, fees — general construction permits by rule, fees not ...
Status: in_force

*644.053. Construction permit, fees — general construction permits by rule, fees not to exceed this section — animal feeding operation permit fees. — 1. Persons applying for a construction permit issued pursuant to this chapter shall pay a construction permit fee as follows:

(1) Seven hundred fifty for a wastewater treatment plant if the design flow is less than five hundred dollars ** thousand gallons per day;

(2) Two thousand two hundred dollars for a wastewater treatment plant if the design flow is equal to or more than five hundred thousand gallons per day;

(3) Seventy-five dollars for a sewer extension of less than one thousand lineal feet of pipe;

(4) Three hundred dollars for a sewer extension equal to or more than one thousand lineal feet of pipe; or

(5) Three hundred dollars for each sewage pumping station.

2. The applicant shall pay the highest appropriate fee pursuant to subdivisions (1) to (5) of subsection 1 of this section, but shall pay only pursuant to one subdivision regardless of the nature of the planned construction.

3. The commission may establish, by rule, general permits for construction and establish fees for such permits that shall not exceed the construction permit fees provided for in subsection 1 of this section.

4. Persons who apply for or possess an operator's certificate for treatment of wastewater or for concentrated animal feeding operation waste management shall pay fees of:

(1) Forty-five dollars for an application for a certificate of competency, including an initial exam and the issuance of an initial certificate of competency;

(2) Twenty dollars for an application for subsequent exams of the same certification type and level if the applicant fails the initial exam;

(3) Forty-five dollars for an application for a renewal of a certificate of competency;

(4) Forty dollars for an application for reciprocity with other certification programs; and

(5) Twenty-five dollars for the issuance of a reciprocated certificate of competency.

(L. 1990 S.B. 582, A.L. 2000 S.B. 741) *For effective and expiration dates for fees imposed by this section, see § 644.054. **Word "dollars" does not appear in original rolls.
Mo. Rev. Stat. § 474.548 — MO Code / Chapter 474 / Section 474.548
474.548 Electronic will requirements.
Status: in_force

474.548. Electronic will requirements. — 1. An electronic will shall be:

(1) A record that is readable as text at the time of signing as provided in subdivision (2) of this subsection and remains accessible as text for later reference;

(2) Signed by:

(a) The testator; or

(b) Another individual in the testator's name, in the testator's physical presence, and by the testator's direction; and

(3) Signed in the physical or electronic presence of the testator by at least two individuals after witnessing:

(a) The signing of the will pursuant to subdivision (2) of this subsection; or

(b) The testator's acknowledgment of the signing of the will pursuant to subdivision (2) of this subsection or acknowledgment of the will.

2. The intent of a testator that the record in subdivision (1) of subsection 1 of this section be the testator's electronic will may be established by extrinsic evidence.

3. In accordance with the provisions of sections 474.337 or 474.550 , a witness to a will shall be a resident of a state and physically located in a state at the time of signing if no self-proving affidavit is signed contemporaneously with the execution of the electronic will.

(L. 2025 H.B. 754)