FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 209.305 — MO Code / Chapter 209 / Section 209.305
209.305 Evaluations, subjects to be covered — confidentiality of tests and records.
Status: in_force

209.305. Evaluations, subjects to be covered — confidentiality of tests and records. — 1. The evaluation shall be an assessment of interpreter's language skills, expressive and receptive skills, professionalism, knowledge of interpreting and ethical practices. Modes of communication that shall be evaluated include, but are not limited to:

(1) American sign language;

(2) Tactile sign;

(3) Language deficient;

(4) Oral;

(5) Pidgin Signed English; and

(6) Any necessary specialized vocabulary, language or mode of communication in popular or regional use among deaf people.

2. The board or an evaluation team shall use testing materials developed by the commission or contracted with a national organization to assess the qualifications of interpreters. All testing materials and records shall be held confidential by the commission.

(L. 1994 S.B. 568 § 6 subsecs. 5, 6)
Mo. Rev. Stat. § 108.532 — MO Code / Chapter 108 / Section 108.532
108.532 Allocation of state ceiling, law applicable, when.
Status: in_force

108.532. Allocation of state ceiling, law applicable, when. — Sections 108.500 to 108.532 shall govern the allocation of the state ceiling for each calendar year commencing after December 31, 1987.

(L. 1987 S.B. 351 § 108.527) Effective 1-01-88
Mo. Rev. Stat. § 263.262 — MO Code / Chapter 263 / Section 263.262
263.262 Johnson grass declared nuisance, where — abatement.
Status: in_force

263.262. Johnson grass declared nuisance, where — abatement. — The existence or growth of Johnson grass in an electing county is hereby declared to be a public and common nuisance and the prosecuting attorney for each county shall have the duty to bring an action in the circuit court of the county to enjoin such nuisance. The action shall be in the name of the state of Missouri and shall be tried as a suit in equity before the court, and shall be against all persons permitting or maintaining such nuisance. The complaint in said action shall recite that thirty days' advance notice of the action has been served upon the defendants thereto, and that said defendants have taken no suitable action to comply with the provisions of the law prior to the filing of the complaint. Any landowner whose land is adjacent to or within one hundred feet of land on which such nuisance is permitted or maintained and who is undertaking a Johnson grass control program may bring a civil action for injunction against any person permitting or maintaining such nuisance and shall, in addition to injunctive relief, be entitled to recover as a penalty the sum of five hundred dollars as well as a reasonable attorney fee and any actual damages sustained as a result of such nuisance.

(L. 1957 p. 9 § 12, A.L. 1977 H.B. 297) CROSS REFERENCE: Nuisance abatement ordinances authorized for debris or noxious weeds on property, effect of failure to remove nuisance, penalty, 67.398
Mo. Rev. Stat. § 595.037 — MO Code / Chapter 595 / Section 595.037
595.037 Open records, exceptions — department order to close records.
Status: in_force

595.037. Open records, exceptions — department order to close records. — 1. All information submitted to the department and any hearing of the department on a claim filed pursuant to sections 595.010 to 595.075 shall be open to the public except for the following claims which shall be deemed closed and confidential:

(1) A claim in which the alleged assailant has not been brought to trial and disclosure of the information or a public hearing would adversely affect either the apprehension, or the trial, of the alleged assailant;

(2) A claim in which the offense allegedly perpetrated against the victim is rape, sodomy or sexual abuse and it is determined by the department to be in the best interest of the victim or of the victim's dependents that the information be kept confidential or that the public be excluded from the hearing;

(3) A claim in which the victim or alleged assailant is a minor; or

(4) A claim in which any record or report obtained by the department, the confidentiality of which is protected by any other law, shall remain confidential subject to such law.

2. The department may close any record, report or hearing if it determines that the interest of justice would be frustrated rather than furthered if such record or report was disclosed or if the hearing was open to the public.

(L. 1993 S.B. 19, A.L. 2009 S.B. 338, A.L. 2014 H.B. 1299 Revision)
Mo. Rev. Stat. § 570.070 — MO Code / Chapter 570 / Section 570.070
570.070 Claim of right.
Status: in_force

570.070. Claim of right. — 1. A person does not commit an offense under section 570.030 if, at the time of the appropriation, he or she:

(1) Acted in the honest belief that he had the right to do so; or

(2) Acted in the honest belief that the owner, if present, would have consented to the appropriation.

2. The defendant shall have the burden of injecting the issue of claim of right.

(L. 1977 S.B. 60, A.L. 2014 S.B. 491) Effective 1-01-17
Mo. Rev. Stat. § 210.255 — MO Code / Chapter 210 / Section 210.255
210.255 Religious organizations operating facility in violation, procedure — ...
Status: in_force

210.255. Religious organizations operating facility in violation, procedure — noncompliance after notice, prosecutor may act or attorney general. — 1. A parent or guardian of a child enrolled in a child care facility established, maintained or operated by a religious organization who has cause to believe that this section and section 210.254 are being violated may notify appropriate local law enforcement authorities.

2. If a child care facility maintained or operated under the exclusive control of a religious organization is suspected of violating any provision of sections 210.252 to 210.255 , or if there is good cause to believe that the signatory made a materially false statement in the notice of parental responsibility required by sections 210.252 to 210.255 , the department of elementary and secondary education shall give twenty days' written notice to the facility concerning the nature of its suspected noncompliance. If compliance is not forthcoming within the twenty days, the department shall thereafter notify the prosecuting attorney of the county wherein the facility is located concerning the suspected noncompliance. If the prosecuting attorney refuses to act or fails to act within thirty days of receipt of notice from the department, the department of elementary and secondary education may notify the attorney general concerning the suspected noncompliance and the attorney general may proceed under section 27.060 .

(L. 1993 H.B. 376 § 2 subsecs. 4, 5, A.L. 2022 S.B. 683)
Mo. Rev. Stat. § 198.320 — MO Code / Chapter 198 / Section 198.320
198.320 Annexation of territory to district — election.
Status: in_force

198.320. Annexation of territory to district — election. — 1. A petition for annexation of land to a nursing home district shall be signed by not less than ten percent or fifty voters, whichever is fewer, residing within the territory therein described proposed for annexation and shall be filed with the county clerk of the county in which the district or the greater portion thereof is situated, and shall be addressed to the commissioners of the county commission. A hearing shall be held thereon as nearly as possible as in the case of a formation petition. If, upon hearing, the commissioners of the county commission find that the petition is in compliance with sections 198.200 to 198.350 , they shall order the submission of the question to the voters to decide whether or not the proposed annexation shall take place. The question shall be submitted within the territory by the county commission as is provided in section 198.250 .

2. The question shall be submitted in substantially the following form:

Shall (description of territory) be annexed to the ______ Nursing Home District?

3. If a majority of the votes cast on the question in the district and in the territory described in the petition, respectively, are in favor of the annexation, the commissioners of the county commission shall by order declare the territory annexed and shall describe the altered boundaries of the district.

(L. 1963 p. 368 § 14, A.L. 1978 H.B. 971)
Mo. Rev. Stat. § 332.324 — MO Code / Chapter 332 / Section 332.324
332.324 Donated dental services program established — contract with Missouri dental ...
Status: in_force

332.324. Donated dental services program established — contract with Missouri dental board, contents. — 1. The department of health and senior services may contract with the Missouri dental board to establish a donated dental services program, in conjunction with the provisions of section 332.323 , through which volunteer dentists, licensed by the state pursuant to this chapter, will provide comprehensive dental care for needy, disabled, elderly and medically compromised individuals. Eligible individuals may be treated by the volunteer dentists in their private offices. Eligible individuals may not be required to pay any fees or costs, except for dental laboratory costs.

2. The department of health and senior services shall contract with the Missouri dental board, its designee or other qualified organizations experienced in providing similar services or programs, to administer the program.

3. The contract shall specify the responsibilities of the administering organization which may include:

(1) The establishment of a network of volunteer dentists including dental specialists, volunteer dental laboratories and other appropriate volunteer professionals to donate dental services to eligible individuals;

(2) The establishment of a system to refer eligible individuals to appropriate volunteers;

(3) The development and implementation of a public awareness campaign to educate eligible individuals about the availability of the program;

(4) Providing appropriate administrative and technical support to the program;

(5) Submitting an annual report to the department that:

(a) Accounts for all program funds;

(b) Reports the number of individuals served by the program and the number of dentists and dental laboratories participating as providers in the program; and

(c) Reports any other information required by the department;

(6) Performing, as required by the department, any other duty relating to the program.

4. The department shall promulgate rules, pursuant to chapter 536 , for the implementation of this program and for the determination of eligible individuals. 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, 2001, shall be invalid and void.

(L. 2001 H.B. 567 merged with S.B. 393) Effective 7-10-01
Mo. Rev. Stat. § 521.320 — MO Code / Chapter 521 / Section 521.320
521.320 Receiver to give notice to debtor, how — effect.
Status: in_force

521.320. Receiver to give notice to debtor, how — effect. — The receiver shall forthwith give notice of his appointment to the persons indebted to the defendant. The notice shall be written or printed, and shall be served on each debtor, by a copy delivered to him, or left at his place of residence or business, or, if he resides in another county, by a copy deposited in the post office, and addressed to him at his place of residence; and from the date of such service and knowledge thereof, every such debtor shall stand liable, and shall account to the receiver for the amount of moneys and credits of the defendant in his hands, or due from him to the defendant.

(RSMo 1939 § 1469) Prior revisions: 1929 § 1305; 1919 § 1756; 1909 § 2325
Mo. Rev. Stat. § 378.620 — MO Code / Chapter 378 / Section 378.620
378.620 Cash surrender value of certificate, computation of.
Status: in_force

378.620. Cash surrender value of certificate, computation of. — 1. For certificates issued prior to one year after January 1, 1993, the value of every paid-up nonforfeiture benefit and the amount of any cash surrender value, loan or other option granted shall comply with the provisions of law applicable immediately prior to January 1, 1993.

2. For certificates issued on or after one year from January 1, 1993, for which reserves are computed on the Commissioner's 1941 Standard Ordinary Mortality Table, the Commissioner's 1941 Standard Industrial Table or the Commissioner's 1958 Standard Ordinary Mortality Table, or the Commissioner's 1980 Standard Mortality Table, or any more recent table made applicable to life insurers, every paid-up nonforfeiture benefit and the amount of any cash surrender value, loan or other option granted shall not be less than the corresponding amount ascertained in accordance with the laws of this state applicable to life insurers issuing policies containing like benefits based upon such tables.

(L. 1992 S.B. 831) Effective 1-01-93
Mo. Rev. Stat. § 313.665 — MO Code / Chapter 313 / Section 313.665
313.665 Pari-mutuel wagering or prizes given by charities not deemed gambling, when ...
Status: in_force

313.665. Pari-mutuel wagering or prizes given by charities not deemed gambling, when — not grounds for denial of liquor or beer licenses. — 1. Notwithstanding any other provision of law to the contrary, pari-mutuel wagering on horses at licensed tracks shall not be considered to be "gambling" as that term is used in any law or regulation.

2. Pari-mutuel wagering conducted in accordance with the provisions of sections 313.500 to 313.710 shall not constitute a valid reason to refuse to issue or renew or to revoke or suspend any license or permit issued under the provisions of chapter 311 .

3. The giving of door prizes or other gifts by lot or chance after payment of a price by members or guests of a charitable organization which has obtained an exemption from payment of federal income taxes as provided in section 501(c)(3) of the Internal Revenue Code of 1954, as amended, shall not constitute a valid reason to refuse to issue or renew or to revoke or suspend any license or permit issued under the provisions of chapter 311 .

(L. 1987 S.B. 384, A.L. 2009 H.B. 132)
Mo. Rev. Stat. § 260.235 — MO Code / Chapter 260 / Section 260.235
260.235 Appeal, judicial review, procedure — injunction based on seriousness of ...
Status: in_force

260.235. Appeal, judicial review, procedure — injunction based on seriousness of threat to environment — performance bond required, forfeited, when. — Any person aggrieved by a forfeiture of any financial assurance instrument, civil or administrative penalty or denial, suspension or revocation of a permit required by section 260.205 or a modification to a permit issued under section 260.205 or any disapproval of the plan required by section 260.220 , may appeal such decision as provided in sections 621.250 and 640.013 by filing a petition with the administrative hearing commission within thirty days of the decision. The notice of the department shall be effected by certified mail and shall set forth the reasons for such forfeiture, disapproval, denial, suspension, civil penalty or revocation. The department may seek an injunction in the circuit court in which the facility is located requiring the facility for which the transfer of ownership has been denied, or the permit or modification of the permit has been denied, suspended or revoked, to cease operations from the date ordered by the court until such time as the appeal is resolved or obtain a performance bond in the amount and manner as prescribed by rule. The department's action seeking an injunction shall be based on the seriousness of the threat to the environment which continued operation of the facility poses. A bond may be required in order to stay the effect of the department's action until the appeal is resolved, in which case such bond shall remain in place until the appeal is resolved. If the department's decision is upheld, the bond shall be forfeited and placed in a separate subaccount of the solid waste management fund. Once the administrative hearing commission has reviewed the appeal, the administrative hearing commission shall make a final decision on the forfeiture of any financial assurance instrument, civil or administrative penalty, denial, suspension, revocation, or modification of a permit or disapproval of the plan required by section 260.220 . The administrative hearing commission shall mail copies of its final decision to the parties to the appeal or their counsel of record. The commission's decision shall be subject to judicial review pursuant to chapter 536 , except that the court of appeals district with territorial jurisdiction coextensive with the county where the solid waste processing facility or disposal area is located or is to be located shall have original jurisdiction. No judicial review shall be available until and unless all administrative remedies are exhausted.

(L. 1972 S.B. 387 § 8, A.L. 1975 S.B. 98, A.L. 1986 S.B. 475, A.L. 1995 S.B. 60 & 112, A.L. 2013 H.B. 28 merged with H.B. 650, A.L. 2015 H.B. 92)
Mo. Rev. Stat. § 565.252 — MO Code / Chapter 565 / Section 565.252
565.252 Invasion of privacy, penalty.
Status: in_force

565.252. Invasion of privacy, penalty. — 1. A person commits the offense of invasion of privacy if he or she knowingly:

(1) Photographs, films, videotapes, produces, or otherwise creates an image of another person, without the person's consent, while the person is in a state of full or partial nudity and is in a place where one would have a reasonable expectation of privacy; or

(2) Photographs, films, videotapes, produces, or otherwise creates an image of another person under or through the clothing worn by that other person for the purpose of viewing the body of or the undergarments worn by that other person without that person's consent.

2. Invasion of privacy is a class A misdemeanor unless :

(1) A person who creates an image in violation of this section distributes the image to another or transmits the image in a manner that allows access to that image via computer;

(2) A person disseminates or permits the dissemination by any means, to another person, of a videotape, photograph, or film obtained in violation of this section;

(3) More than one person is viewed, photographed, filmed or videotaped during the same course of conduct; or

(4) The offense was committed by a person who has previously been found guilty of invasion of privacy in which case invasion of privacy is a class E felony.

3. Prior findings of guilt shall be pleaded and proven in the same manner required by the provisions of section 558.021 .

4. As used in this section, "same course of conduct" means more than one person has been viewed, photographed, filmed, or videotaped under the same or similar circumstances pursuant to one scheme or course of conduct, whether at the same or different times.

(L. 2002 S.B. 969, et al., A.L. 2014 S.B. 491) Effective 1-01-17
Mo. Rev. Stat. § 316.200 — MO Code / Chapter 316 / Section 316.200
316.200 Rules, effective when.
Status: in_force

316.200. Rules, effective when. — No rule or portion of a rule promulgated pursuant to sections 316.203 to 316.233 shall become effective unless it has been promulgated in accordance with the provisions of chapter 536 .

(L. 1997 H.B. 276 § 1)
Mo. Rev. Stat. § 172.040 — MO Code / Chapter 172 / Section 172.040
172.040 Curators, term — compensation.
Status: in_force

172.040. Curators, term — compensation. — The term of service of the curators shall be six years, the terms of three expiring every two years; the first expiration occurring on the first day of January, 1911, and succeeding expirations of three members every two years thereafter. Said curators, while attending the meetings of the board, shall receive their actual expenses, which shall be paid out of the ordinary revenues of the university.

(RSMo 1939 § 10785) Prior revisions: 1929 § 9628; 1919 § 11525; 1909 § 11099
Mo. Rev. Stat. § 215.311 — MO Code / Chapter 215 / Section 215.311
215.311 Owners to file request for additional subsidies, form — plan to expand ...
Status: in_force

215.311. Owners to file request for additional subsidies, form — plan to expand affordability required, content — agreements entered into by commission may include certain incentives. — 1. An owner of a multifamily rental housing project seeking additional subsidies for the property shall file with the Missouri housing development commission a request for subsidies in such form and manner as the Missouri housing development commission shall prescribe. Upon receipt of a notice of intent, the Missouri housing development commission shall provide the owner with such information as the owner needs to prepare a plan to expand affordability, which information shall include a description of the state incentives authorized under sections 215.300 to 215.318 and the affordability restrictions placed on properties whose owners are granted the additional subsidies. The owner may submit the plan to expand affordability to the Missouri housing development commission in such form and manner as the Missouri housing development commission shall prescribe.

2. The plan to expand affordability shall include:

(1) A description of any incentive that the owner is requesting from the state or local government agencies as determined by prior consultation between the owner and any appropriate state or local agencies;

(2) An assessment of the effect of the grant of the proposed incentives on present and future tenants dwelling at the property, including, but not limited to, affordability and maintenance of units of the property;

(3) Any other information that the Missouri housing development commission determines is necessary to achieve the purposes of sections 215.300 to 215.318 .

3. The owner may from time to time revise and amend the plan of action as may be necessary to obtain approval of the plan under this section.

4. After receiving a plan of action from an owner of a multifamily rental housing project, the Missouri housing development commission may enter into such agreements as are necessary to satisfy the criteria for approval under section 215.314 .

5. Such agreements may include the provision to the owner by the state or local government of one or more of the following incentives that the Missouri housing development commission determines to be necessary including:

(1) State income tax credits, pursuant to section 32.115 ;

(2) Recommendations to local governments to grant property tax abatements;

(3) Financing for second mortgages from the housing development fund as established by section 215.050 ;

(4) Grants from the housing development fund as established by section 215.050 .

(L. 1989 H.B. 378 § 21)