FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 246.165 — MO Code / Chapter 246 / Section 246.165
246.165 Investment of surplus funds, when — approved investments.
Status: in_force

246.165. Investment of surplus funds, when — approved investments. — 1. Any drainage or levee district organized under any law of this state may invest any funds not immediately needed for the purpose for which the money was received in the following:

(1) Bonds, notes or certificates of indebtedness which are direct obligations of the United States or bonds or other indebtedness, the principal and interest of which are unconditionally guaranteed by the United States;

(2) Accounts of any savings and loan association organized under the laws of this state or another state, or the United States, which holds a certificate of insurance from the Federal Savings and Loan Insurance Corporation;

(3) Savings accounts and time deposits, including time certificates of deposit in any banking institution which holds a certificate of insurance from the Federal Deposit Insurance Corporation.

2. If a deposit in a savings and loan association or a banking institution is greater than the amount covered by the insurance provided for the account by the Federal Savings and Loan Insurance Corporation or the Federal Deposit Insurance Corporation, as the case may be, that portion of the deposit in excess of the amount covered by insurance shall be secured as provided by the provisions of sections 110.010 and 110.020 .

(L. 1971 H.B. 139 § 1) CROSS REFERENCES: Bi-state development agency, bonds of, investment in authorized, 70.377 Multinational banks, securities and obligations of, investment in, when, 409.950 Savings accounts in insured savings and loan associations, investment in authorized, 369.194
Mo. Rev. Stat. § 336.150 — MO Code / Chapter 336 / Section 336.150
336.150 Duties of board — rulemaking, procedure, generally, this chapter.
Status: in_force

336.150. Duties of board — rulemaking, procedure, generally, this chapter. — 1. It shall be the duty of the board to examine all applications for registration submitted in proper form; to grant certificates of registration to such persons as may be entitled to the same under the provisions of this chapter; to cause the prosecution of all persons violating its provisions; to report annually to the governor the condition of optometry in the state of Missouri, which said report shall also furnish a record of the proceedings of the board for the year and an itemized statement of all moneys received and disbursed, with the names of all optometrists registered under this chapter, and shall contain a copy of all rules adopted by said board of optometry; and to do all other things necessary to carry out the provisions of this chapter. The board shall have the power to make bylaws for the proper fulfillment of its duties under this chapter and shall keep a book of registration in which shall be entered the names and places of practice or business of all persons registered under this chapter, which book shall also specify such facts as said persons shall claim to justify their registration. The president of the board may call a special meeting at any time. Three members shall constitute a quorum and the records of the board shall at all times be open to public inspection.

2. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024 .

(RSMo 1939 § 10111, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3) Prior revision: 1929 § 13499 (1954) Prosecuting attorney held not authorized to bring quo warranto proceeding against corporation at instance of state board of optometry because of its alleged violation of optometry laws. State ex rel. Schneider's Credit Jewelers v. Brackman (Mo.), 272 S.W.2d 289. (1963) Validity of provision conferring upon the board authority "to do all things necessary to carry out the provisions of this chapter" upheld against charge that it was vague, indefinite and an illegal delegation of legislative power. Ketring v. Sturges (Mo.), 372 S.W.2d 104.
Mo. Rev. Stat. § 197.120 — MO Code / Chapter 197 / Section 197.120
197.120 Operating hospital without license a misdemeanor — proceedings to restrain.
Status: in_force

197.120. Operating hospital without license a misdemeanor — proceedings to restrain. — 1. Any person establishing, conducting, managing or operating any hospital without a license under this law shall be guilty of a misdemeanor.

2. The attorney general shall represent the department of health and senior services, who may institute an action in the name of the state for injunction or other process against any person or governmental unit to restrain or prevent the establishment, conduct, management or operation of a hospital without a license under this law.

(L. 1953 p. 631 § 12)
Mo. Rev. Stat. § 196.835 — MO Code / Chapter 196 / Section 196.835
196.835 Penalty.
Status: in_force

196.835. Penalty. — Any person offending against any provision of sections 196.820 to 196.830 shall be deemed guilty of a misdemeanor, and upon conviction thereof by a court of competent jurisdiction shall be punished by a fine of not less than five dollars nor more than twenty-five dollars, and each receptacle unlawfully dealt with as herein provided shall be deemed and held to constitute a separate offense.

(RSMo 1939 § 14092, A. 1949 S.B. 1053) Prior revisions: 1929 § 12453; 1919 § 12024
Mo. Rev. Stat. § 306.115 — MO Code / Chapter 306 / Section 306.115
306.115 Parasailing, requirements, prohibited, when.
Status: in_force

306.115. Parasailing, requirements, prohibited, when. — 1. No person shall engage in the activity of parasailing unless there is in the watercraft a person of at least twelve years of age, in addition to the operator, in a position to observe the progress of the person or persons being towed.

2. No person shall engage in the activity of parasailing during the time between sunset and sunrise.

(L. 1989 S.B. 135) Effective 5-25-89
Mo. Rev. Stat. § 435.385 — MO Code / Chapter 435 / Section 435.385
435.385 Award.
Status: in_force

435.385. Award. — 1. The award shall be in writing and signed by the arbitrators joining in the award. The arbitrators shall deliver a copy to each party personally or by registered mail, or as provided in the agreement.

2. An award shall be made within the time fixed therefor by the agreement or, if not so fixed, within such time as the court orders on application of a party. The parties may extend the time in writing either before or after the expiration thereof. A party waives the objection that an award was not made within the time required unless he notifies the arbitrators of his objection prior to the delivery of the award to him.

(L. 1980 H.B. 1203 § 8)
Mo. Rev. Stat. § 631.140 — MO Code / Chapter 631 / Section 631.140
631.140 Additional detention may be requested — contents of petition.
Status: in_force

631.140. Additional detention may be requested — contents of petition. — 1. At the expiration of the ninety-six-hour period, the respondent may be detained and treated involuntarily for an additional two judicial days only if the head of the alcohol or drug abuse facility has filed a petition for additional detention not to exceed thirty days.

2. Within ninety-six hours following initial detention, the head of the facility may file, or cause to be filed, a petition for a thirty-day involuntary detention, treatment, or rehabilitation period provided he or she has reasonable cause to believe that the person abuses alcohol or drugs and presents a likelihood of serious harm to himself or herself or others as a result of alcohol or drug abuse, or both. The court shall serve the petition and list of prospective witnesses for the petitioner upon the respondent and his or her attorney at least twenty-four hours before the hearing. The petition shall:

(1) Allege that the respondent, by reason of alcohol or drug abuse, or both, presents a likelihood of serious harm to himself or herself or to others;

(2) Allege that the respondent is in need of continued detention, treatment, and rehabilitation;

(3) Allege the specific behavior of the respondent or the facts which support such conclusion;

(4) Allege that an alcohol or drug abuse facility which is appropriate to handle the respondent's condition has agreed to accept the respondent; and

(5) Be signed by a licensed physician who has examined the respondent.

(L. 1985 S.B. 265, A.L. 1996 S.B. 884 & 841, A.L. 2023 S.B. 106)
Mo. Rev. Stat. § 473.383 — MO Code / Chapter 473 / Section 473.383
473.383 Claims not due, proceedings.
Status: in_force

473.383. Claims not due, proceedings. — The court may allow any claim filed against an estate, which is payable at a future day, at the then present value thereof, or the court may order the executor or administrator to retain in his hands sufficient funds to satisfy the same upon maturity; or if the heirs, devisees, or legatees offer to give bond to a creditor for the payment of his claim according to the terms thereof, the court may order the bond to be given in satisfaction of such claim.

(L. 1955 p. 385 § 146)
Mo. Rev. Stat. § 429.250 — MO Code / Chapter 429 / Section 429.250
429.250 The execution.
Status: in_force

429.250. The execution. — The execution to be issued shall be a special fieri facias, and shall be in conformity with the judgment, and such writ shall be returnable as ordinary executions; and the advertisement, sale and conveyance of real or personal estate under the same shall be made as under ordinary executions.

(RSMo 1939 § 3561) Prior revisions: 1929 § 3171; 1919 § 7231; 1909 § 8227
Mo. Rev. Stat. § 67.1485 — MO Code / Chapter 67 / Section 67.1485
67.1485 Merger of districts, when — assessments, effect on.
Status: in_force

67.1485. Merger of districts, when — assessments, effect on. — 1. Any district organized as a nonprofit corporation may merge with another district organized as a nonprofit organization. Such merger shall be conducted under the procedures for merger provided in chapter 355 , and shall not become effective unless:

(1) The boundaries of the merging districts are contiguous;

(2) The articles of merger required under section 355.361 contain a legal description of the surviving district corporation;

(3) The term of existence of the surviving district corporation stated in the articles of merger shall be equal to the shortest length of time remaining for existence of either merging district corporation as determined by the applicable ordinances establishing the merging district corporations;

(4) A copy of the articles of merger is sent to the department of economic development.

2. If two district corporations merge under this section, the board of directors of the surviving district corporation may continue to levy special assessments against such tracts, lots, or parcels listed, and in an amount as provided in, a previously authorized petition under section 67.1521 , provided that the level of service stated in such petition is not decreased by the surviving district corporation. A new special assessment petition may be submitted to the surviving district corporation and, if stated in the petition, may supersede or replace the previously authorized special assessment petitions.

3. No merger under this section shall be construed to be a petition for termination under section 67.1481 or to invoke a plan of dissolution as provided in section 67.1481 .

(L. 2007 S.B. 22)
Mo. Rev. Stat. § 135.719 — MO Code / Chapter 135 / Section 135.719
135.719 Rulemaking authority.
Status: in_force

135.719. Rulemaking authority. — 1. The state treasurer and the department of revenue may promulgate rules to implement the provisions of sections 135.712 to 135.719 . Any rule or portion of a rule, as that term is defined in section 536.010 , that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028 . This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2021, shall be invalid and void.

2. The provisions of section 23.253 of the Missouri sunset act shall not apply to sections 135.712 to 135.719 .

(L. 2021 H.B. 349)
Mo. Rev. Stat. § 362.360 — MO Code / Chapter 362 / Section 362.360
362.360 Interpleader in certain actions — funds may remain in bank — costs.
Status: in_force

362.360. Interpleader in certain actions — funds may remain in bank — costs. — 1. In all actions against any bank or trust company to recover for moneys on deposit or property left in a safe deposit box therewith, if there be any person or persons, not parties to the action, who claim the same fund, the court in which the action is pending may, on the petition of the bank or trust company, and upon eight days' notice to the plaintiff and the claimants, and without proof as to the merits of the claim, make an order amending the proceeding in the action by making the claimants parties defendant thereto; and the court shall thereupon proceed to determine the rights and interests of the several parties to the action in and to the property. The remedy provided in this section shall be in addition to and not exclusive of remedies now or hereafter existing.

2. The funds on deposit or property which are the subject of the action may remain with the bank or trust company subject to the order of the court until final judgment therein, and, if deposits, be entitled to the same interest as other deposits of the same class, and shall be paid by the bank or trust company in accordance with the final judgment of the court; or in the discretion of the court, the deposit or property in controversy may be paid into or placed with the court to await the final determination of the action, and when the deposit or property is so paid into or placed with the court the bank or trust company shall be struck out as a party to the action, and its liability for the deposit or property shall cease.

3. The costs in all actions against a bank or trust company to recover deposits or property shall be in the discretion of the court, and may be charged upon the fund or property affected by the action.

(RSMo 1939 § 7979, A.L. 1967 p. 445, A.L. 1981 S.B. 28) Prior revisions: 1929 § 5384; 1919 § 11766 (1952) Where defendant bank filed answer and interpleader and took position that deposit belonged to the estate of plaintiff's mother rather than to plaintiff, and court sustained interpleader and ordered other parties to be brought in, but did not dischargebank, there was no appealable order. Heinrich v. South Side Nat. Bank, 363 Mo. 220, 250 S.W.2d 345. (1953) Husband and wife having joint bank account both became ill and husband then arranged to have Simrall's name added to the account. Upon death of husband, Simrall came into bank and nearly all of deposit was, with Simrall's consent, transferred to escrow account. Wife subsequently died. Interpleader by bank held proper. Clay County Bank v. Simrall (A.), 259 S.W.2d 422.
Mo. Rev. Stat. § 287.350 — MO Code / Chapter 287 / Section 287.350
287.350 Insurance companies to make report.
Status: in_force

287.350. Insurance companies to make report. — Every insurance carrier writing insurance for liability hereunder, or the liability of employers rejecting this chapter, shall report to the director of the department of commerce and insurance, in accordance with such rules as he may adopt, such information as he may at any time require for the purpose of determining the solvency of carrier or the fairness, reasonableness and adequacy of its rates, and for such purposes the director may inspect the books and records of such carriers and examine its officers, agents and servants under oath.

(RSMo 1939 § 3719) Prior revision: 1929 § 3329
Mo. Rev. Stat. § 247.390 — MO Code / Chapter 247 / Section 247.390
247.390 Organization of board — seal.
Status: in_force

247.390. Organization of board — seal. — After taking their oaths and filing their bonds, the board shall choose one of its members as chairman of the board and president of the district, and shall elect a secretary and treasurer of the board and of the district, who may or may not be members of the board. The secretary and the treasurer may be one person. Such board shall adopt a seal, and the secretary shall keep in a well-bound book a record of all its proceedings, minutes of all meetings, certificates, contracts, bonds given by employees and a record of corporate acts, which shall be open to inspection of all owners of property in the district, as well as to all other interested parties.

(L. 1949 p. 350 § 16)
Mo. Rev. Stat. § 334.416 — MO Code / Chapter 334 / Section 334.416
334.416 Renewal of certificate of registration, when, procedure, fee.
Status: in_force

334.416. Renewal of certificate of registration, when, procedure, fee. — 1. Every person licensed pursuant to sections 334.400 to 334.430 shall renew his or her certificate of registration on or before the registration renewal date. The application shall be made under oath on a form furnished by the board. The application shall include, but not be limited to, disclosure of the following:

(1) The applicant's full name and his or her office and residence address;

(2) The date and number of his or her license;

(3) All final disciplinary actions taken against the applicant by any professional medical or osteopathic association or society, licensed hospital or medical staff of the hospital, state, territory, federal, agency, or country; and

(4) Information concerning the applicant's current physical and mental fitness to practice as an anesthesiologist assistant.

2. A blank form for application for registration shall be mailed to each person licensed in this state at his or her last known office or residence address. The failure to receive the application form does not relieve any person of the duty to register and pay the fee required pursuant to sections 334.400 to 334.430 nor be exempt from the penalties provided pursuant to sections 334.400 to 334.430 for failure to register.

3. If a person licensed, certified, or registered by the board does not renew such license, certification, or registration for two consecutive renewal periods, such license, certification, or registration shall be deemed void.

4. An application for registration pursuant to sections 334.400 to 334.430 shall be accompanied with a registration fee to be payable to the director of revenue. If the application is filed and the fee paid after the registration renewal date, a delinquent fee shall be paid. The delinquent fee may be waived by the board based on extenuating circumstances as defined by board rule.

(L. 2003 H.B. 390)
Mo. Rev. Stat. § 135.281 — MO Code / Chapter 135 / Section 135.281
135.281 Application for income tax refund (Hazelwood Ford Plant) — approval procedures.
Status: in_force

135.281. Application for income tax refund (Hazelwood Ford Plant) — approval procedures. — 1. Any taxpayer operating an approved retained business facility that is located within a state enterprise zone established pursuant to sections 135.200 to 135.256 may make an application to the department of economic development for an income tax refund.

2. Such refunds shall be approved only if the amount of tax credits certified for the taxpayer in the taxable year exceeded the company's total Missouri tax on taxable income in that year by an amount equal to at least one million dollars. In such cases, a portion of tax credits earned shall constitute an overpayment of taxes and may be refunded to the taxpayer in the manner authorized by this section.

3. The department shall evaluate and may approve such applications based upon the importance of the approved retained business facility to the economy of Missouri, the company's investment of at least five hundred million dollars in facilities or equipment, and the number of jobs to be created or retained. Such applications may be approved annually for no longer than five successive years. The maximum amount of refund that may be awarded to the manufacturer or assembler shall not exceed two million dollars per year. Notwithstanding other provisions of law to the contrary, if the taxpayer's tax credits issued under sections 135.276 to 135.283 for a taxable year exceed the taxpayer's taxable income by more than two million dollars, the credits may be carried forward for five years or until used, whichever is earlier, and may be included in refund amounts otherwise authorized by this section.

(L. 2003 H.B. 289 merged with S.B. 620) Effective 6-18-03 (S.B. 620); 7-07-03 (H.B. 289) Contingent expiration date, see § 135.284
Mo. Rev. Stat. § 64.590 — MO Code / Chapter 64 / Section 64.590
64.590 Approval of plats (second and third class counties).
Status: in_force

64.590. Approval of plats (second and third class counties). — Whenever the county planning commission shall have adopted, recorded and filed certified copies of any part of the official master plan relating to major highways or to subdivision regulations, thereafter no plat of a subdivision of land within the unincorporated area of such county or the portion thereof covered by the major highway plan shall be recorded until such plat shall first have been approved by the county planning commission. If the planning commission does not report upon the plat within thirty days, it may then be deemed approved by the county planning commission, and such commission shall certify such facts upon such plat. If such plat is approved by the county planning commission, such approval shall be endorsed in writing thereon. However, if such plat be amended or rejected by the county planning commission, or if the council or board of trustees of any municipality files with the county planning commission a certified copy of a resolution of such council or board protesting against the action of the county planning commission approving any such plat of any land lying within one and one-half miles of the limits of the incorporated area of such municipality, such approval shall be deemed overruled, and such plat may be then approved only by a two-thirds vote of the county commission, and the reasons for the approval or failure to approve such plat shall be spread upon the records of the county commission and certified to the county planning commission. No plat of subdivision of land in the unincorporated areas of the county shall be recorded in the office of the recorder of deeds unless and until approved as herein provided. Municipalities shall have power, by ordinance, to require plats of subdivision of land within the corporate limits of such municipalities to be submitted to the county planning commission before being submitted to the municipality for approval, and before being recorded. A certified copy of any such ordinance shall be filed in the office of the recorder of deeds for the county. The county planning commission shall, upon written request of any such municipality, consider such plats and shall report its findings and its recommendations thereon in writing to the proper officials of such municipality.

(L. 1951 p. 406 § 6, A.L. 1990 H.B. 1258)