FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 260.820 — MO Code / Chapter 260 / Section 260.820
260.820 Definitions.
Status: in_force

260.820. Definitions. — When used in sections 260.820 to 260.826 , the following words and phrases mean:

(1) "Package" , a container providing a means of marketing, protecting or handling a product including a unit package, an intermediate package, a shipping container as defined in American Society for Testing Materials D996, tinplated steel as defined in American Society for Testing Materials specification A-623, and unsealed receptacles including carrying cases, crates, cups, pails, rigid foil and other trays, wrappers and wrapping films, bags and tubs, when used for packaging purposes;

(2) "Packaging component" , any individual assembled part of a package, including without limitation, any interior or exterior strapping, bracing, cushioning, weatherproofing, coating, closure, label, dye, pigment, adhesive, stabilizer, or other additive, or ink. Tinplated steel that meets the American Society for Testing and Material specification A-623 shall be considered as a single package component.

(L. 1993 S.B. 80, et al. § 1)
Mo. Rev. Stat. § 142.842 — MO Code / Chapter 142 / Section 142.842
142.842 Precollection of tax and remittal by person removing fuel through supplier.
Status: in_force

142.842. Precollection of tax and remittal by person removing fuel through supplier. — 1. The tax imposed by section 142.803 , measured by motor fuel removed from a terminal or refinery in this state, other than a terminal bulk transfer, shall be precollected and remitted on behalf of the consumers to the state by the person removing the motor fuel from the facility through the supplier of the motor fuel, as shown in the records of the terminal operator, acting as a trustee.

2. The supplier and each reseller shall list the amount of tax as a separate line item on all invoices or billings.

3. All tax to be paid by a supplier with respect to gallons removed on the account of the supplier during a calendar month shall be due and payable on or before the second day of the second succeeding month unless such day falls upon a weekend or state holiday in which case the liability would be due the next succeeding business day.

4. A supplier shall remit any late taxes remitted to the supplier by an eligible purchaser and shall timely notify the director of any late remittances if that supplier has previously given notice to the director that the tax amount was not received pursuant to subsection 1 of section 142.857 .

5. The remittance of all amounts of tax due shall be paid on the basis of the amount invoiced to eligible purchasers or ninety-seven percent for gasoline, gasoline blends and gasoline blend stocks and ninety-eight percent for diesel fuel, diesel blends and diesel blend stocks when the supplier removed the motor fuel for its own account or on sales to noneligible purchasers. At the director's discretion, payment may be made by electronic funds transfer.

(L. 1998 S.B. 619) Effective 1-1-99
Mo. Rev. Stat. § 253.090 — MO Code / Chapter 253 / Section 253.090
253.090 State park earnings fund created, how used.
Status: in_force

*253.090. State park earnings fund created, how used. — 1. All revenue derived from privileges, conveniences, contracts or otherwise, all moneys received by gifts, bequests or contributions or from county or municipal sources and all moneys received from the operation of concessions, projects or facilities and from resale items shall be paid into the state treasury to the credit of the "State Park Earnings Fund", which is hereby created. The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. All interest and moneys earned on such investments shall be credited to the fund. In the event any state park or any part thereof is taken under the power of eminent domain by the federal government the moneys paid for the taking shall be deposited in the state park earnings fund. The fund shall be used solely for the payment of the expenditures of the department of natural resources in the administration of this law, except that in any fiscal year the department may expend a sum not to exceed fifty percent of the preceding fiscal year's deposits to the state park earnings fund for the purpose of:

(1) Paying the principal and interest of revenue bonds issued;

(2) Providing an interest and sinking fund;

(3) Providing a reasonable reserve fund;

(4) Providing a reasonable fund for depreciation; and

(5) Paying for feasibility reports necessary for the issuing of revenue bonds.

2. Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund.

3. A good and sufficient bond conditioned upon the faithful performance of the contract and compliance with this law shall be required of all contractors.

4. Any person who contracts pursuant to this section with the state shall keep true and accurate records of his or her receipts and disbursements arising out of the performance of the contract and shall permit the department of natural resources and the state auditor to audit such records.

(L. 1953 p. 317 § 6, A.L. 1961 p. 231, A.L. 1967 p. 362, A.L. 1969 H.B. 191, A.L. 1982 S.B. 696, A.L. 1999 H.B. 791, A.L. 2011 H.B. 89 merged with S.B. 135, A.L. 2013 H.B. 28 merged with H.B. 650) Effective 8-28-13 (H.B. 28); 10-11-13 (H.B. 650) *H.B. 650 effective 10-11-13, see § 21.250. H.B. 650 was vetoed July 12, 2013. The veto was overridden on September 11, 2013. CROSS REFERENCE: Nonseverability clause, 640.099
Mo. Rev. Stat. § 32.230 — MO Code / Chapter 32 / Section 32.230
32.230 Alternate may represent member on commission — how selected.
Status: in_force

32.230. Alternate may represent member on commission — how selected. — The member representing this state on the multistate tax commission may be represented thereon by an alternate designated by him. Any such alternate shall be a principal deputy or assistant of the member of the commission in the agency which the member heads.

(L. 1967 p. 102 § 4)
Mo. Rev. Stat. § 40.440 — MO Code / Chapter 40 / Section 40.440
40.440 Property of person damaged or taken, board convened to investigate, procedure.
Status: in_force

40.440. Property of person damaged or taken, board convened to investigate, procedure. — 1. Whenever complaint is made to any commanding officer that willful damage has been done to the property of any person or that the person's property has been wrongfully taken by members of the state military forces, the person may, subject to such regulations as the governor may prescribe, convene a board to investigate the complaint. The board shall consist of from one to three commissioned officers and, for the purpose of that investigation, it has power to summon witnesses and examine them upon oath or affirmation, to receive depositions or other documentary evidence, and to assess the damages sustained against the responsible parties. The assessment of damages made by the board is subject to the approval of the commanding officer, and in the amount approved by the commanding officer shall be charged against the pay of the offenders. The order of the commanding officer directing charges herein authorized is conclusive, except as provided in subsection 3 of this section, on any disbursing officer for the payment by him to the injured parties of the damages so assessed and approved.

2. If the offenders cannot be ascertained, but the organization or detachment to which they belong is known, charges totaling the amount of damages assessed and approved may be paid to the injured parties from the funds of the units of the state military forces to which the offenders belonged.

3. Any person subject to sections 40.005 to 40.490 who is accused of causing willful damage to property has the right to be represented by counsel, to summon witnesses in the person's behalf, and to cross-examine those appearing against him. The accused has the right of appeal to the next higher commander.

(L. 1984 H.B. 1035 § 126)
Mo. Rev. Stat. § 30.010 — MO Code / Chapter 30 / Section 30.010
30.010 Salary of treasurer.
Status: in_force

30.010. Salary of treasurer. — The state treasurer shall receive an annual salary of sixty thousand dollars plus any salary adjustment provided pursuant to section 105.005 , to be paid at the time and in the manner provided by law. Such salary shall constitute the total compensation for all duties to be performed by him and there shall be no further payment made to or accepted by him for the performance of any duty now required of him under any existing law.

(L. 1943 p. 869 § 1, A. 1949 S.B. 1013, A.L. 1955 p. 572, A.L. 1967 p. 97, A.L. 1977 H.B. 520, A.L. 1984 S.B. 528) Effective 1-01-85 Revisor's Note: Salary adjustment index is printed, as required by § 105.005, in Appendix E.
Mo. Rev. Stat. § 491.050 — MO Code / Chapter 491 / Section 491.050
491.050 Convicts competent witnesses — convictions and certain pleas may be proved ...
Status: in_force

491.050. Convicts competent witnesses — convictions and certain pleas may be proved to affect credibility. — Any person who has been convicted of a crime is, notwithstanding, a competent witness; however, any prior criminal convictions may be proved to affect his credibility in a civil or criminal case and, further, any prior pleas of guilty, pleas of nolo contendere, and findings of guilty may be proved to affect his credibility in a criminal case. Such proof may be either by the record or by his own cross-examination, upon which he must answer any question relevant to that inquiry, and the party cross-examining shall not be concluded by his answer.

(RSMo 1939 § 1916, A.L. 1981 H.B. 554) Prior revisions: 1929 § 1752; 1919 § 5439; 1909 § 6383 (1971) Trial court erred in refusing to permit defendant in prosecution for robbery to inquire on cross-examination of witness whether or not he had been convicted of a crime since witness was the only witness who implicated defendant in the robbery. State v. Myer (Mo.), 473 S.W.2d 374. (1971) Questions directed to the defendant on trial for murder implying he was guilty not only of moral misconduct but of offenses connected with prostitution, including being a pimp, were immaterial, irrelevant and designedly and manifestly prejudiced the only remedy for which was a new trial. State v. Taylor (Mo.), 473 S.W.2d 385. (1971) Refusal by trial court to allow defendant to impeach state's four principal witnesses, adults at time of trial, on the basis that each had previously committed an offense while a juvenile, which would have been a crime if committed by an adult, was upheld. State v. Williams (Mo.), 473 S.W.2d 388. (1974) It is reversible error for a party or a witness to be impeached by showing an arrest even where he has testified about previous convictions. State v. Massa (A.), 512 S.W.2d 912. (1974) This section confers an absolute right to cross-examine as to conviction of a crime solely to affect credibility. Forbis v. Associated Wholesale Grocers, Inc. (A.), 513 S.W.2d 760. (1976) Held, cross-examination on collateral matters (except for a criminal conviction) binds the examiner to the answer given. State v. Diamond (A.), 532 S.W.2d 873. (1976) Overruling defendant's pretrial motion, seeking to limit state's cross-examination concerning his previous convictions in event he should decide to take the stand thereby depriving him of right to make intelligent decision before trial as to whether he could take the stand, was not error. State v. Tolliver (Mo.), 544 S.W.2d 565. (1978) It is permissible to impeach the credibility of a witness by showing pardoned convictions. Durham v. State (A.), 571 S.W.2d 673. (1985) Held, that a witness can be impeached by his prior guilty plea, even though he had completed probation under a suspended imposition of sentence. State v. Brooks (A.), 694 S.W.2d 851. (1995) "Conviction" does not include finding of guilty when imposition of sentence was suspended. M.A.B. v. Nicely, 909 S.W.2d 669 (Mo.banc).
Mo. Rev. Stat. § 136.240 — MO Code / Chapter 136 / Section 136.240
136.240 Report of delinquents to general assembly.
Status: in_force

136.240. Report of delinquents to general assembly. — The director of revenue shall report to the general assembly, during the first week of each regular session, a list of all collectors of the revenue and other holders of public money whose accounts have remained unsettled for the space of six months after they ought to have been settled, according to law, and the reason therefor, if known.

(L. 1945 p. 1428 § 33)
Mo. Rev. Stat. § 105.1155 — MO Code / Chapter 105 / Section 105.1155
105.1155 Public employees not required by political subdivisions to receive COVID-19 ...
Status: in_force

*105.1155. Public employees not required by political subdivisions to receive COVID-19 vaccinations — exceptions. — No public employee, as that term is defined in section 105.500 , shall be required by any political subdivision to receive a vaccination against COVID-19 as a condition of commencing or continuing employment. As used in this section, the term "political subdivision" shall not include any facility that meets the definition of hospital in section 197.020 , any long-term care facility licensed under chapter 198 , any entity that meets the definition of facility in section 199.170 , any facility certified by the Centers for Medicare and Medicaid Services (CMS), any state department or agency, or employees thereof, that are part of an onsite survey team performing federal oversight of certified providers and suppliers for CMS, or any entity or individual licensed under sections 190.001 to 190.245 .

(L. 2022 H.B. 1606 § 6) *Revisor's Note: This section was declared unconstitutional in Byrd, et al. v. State of Missouri, et al. (see 2023 annotation below). (2023) The inclusion of Section 67.2300 in H.B. 1606 from 2022 declared unconstitutional as violating the single subject rule of Article III, § 23 of the Missouri Constitution. The remaining provisions of H.B. 1606 could not be severed and the bill is declared invalid in its entirety. Byrd, et al. v. State of Missouri, et al., 679 S.W.3d 492 (Mo.banc).
Mo. Rev. Stat. § 474.060 — MO Code / Chapter 474 / Section 474.060
474.060 Determination of relationship of parent and child — adopted person is child ...
Status: in_force

474.060. Determination of relationship of parent and child — adopted person is child of adopting parent, exception — illegitimate child, relationship determined. — 1. If, for purposes of intestate succession, a relationship of parent and child must be established to determine succession by, through, or from a person, an adopted person is the child of an adopting parent and not of the natural parents, except that adoption of a child by the spouse of a natural parent has no effect on the relationship between the child and such natural parent.

2. In cases not covered by subsection 1 herein, a person born out of wedlock is a child of the mother. That person is also a child of the father, if either of the following occur:

(1) The natural parents participated in a marriage ceremony before or after the birth of the child, even though the attempted marriage is void;

(2) The paternity is established by an adjudication before the death of the father, or is established thereafter by clear and convincing proof, except that the paternity established under this subdivision (2) is ineffective to qualify the father or his kindred to inherit from or through the child, unless the father has openly treated the child as his, and has not refused to support the child.

(L. 1980 S.B. 637, A.L. 1981 S.B. 117) Effective 6-10-81 (1985) Provisions of section are applicable for purposes of determining paternity in applications for Social Security survivor's benefits under 42 U.S.C. § 416(h)(2)(A). Greer by Greer v. Heckler (8th Cir.), 756 F.2d 794.
Mo. Rev. Stat. § 91.055 — MO Code / Chapter 91 / Section 91.055
91.055 Customers may choose to maintain municipal water service despite claim of ...
Status: in_force

91.055. Customers may choose to maintain municipal water service despite claim of exclusive right by public water supply district (Jackson County). — Notwithstanding any other provision of law to the contrary, in a county of the first classification with a charter form of government and having a population of more than six hundred thousand but less than nine hundred thousand inhabitants, any person who is a water service customer of any municipality located in whole or in part in such county may continue to receive water service from such municipality even in the event that a public water supply district shall claim the exclusive right to provide water service to such person.

(L. 1999 H.B. 450 and L. 1999 S.B. 160 & 82, A.L. 2011 H.B. 315)
Mo. Rev. Stat. § 229.200 — MO Code / Chapter 229 / Section 229.200
229.200 Penalties.
Status: in_force

229.200. Penalties. — Any person violating any of the provisions of sections 229.040 to 229.200 , or willfully failing to comply with the requirements of same, shall be deemed guilty of a misdemeanor, and, where no other or different punishment is fixed, shall be fined not less than five nor more than five hundred dollars.

(RSMo 1939 § 8594) Prior revisions: 1929 § 7945; 1919 § 10732; 1909 § 10550
Mo. Rev. Stat. § 428.110 — MO Code / Chapter 428 / Section 428.110
428.110 Filing officer may reject lien, exceptions — filing officer to accept ...
Status: in_force

428.110. Filing officer may reject lien, exceptions — filing officer to accept notice of invalid lien, when. — 1. Any filing officer may reject for filing or recording any nonconsensual common law lien. This section shall not be construed to permit rejection of a document that is shown to be authorized by contract, lease or statute or imposed by a state or federal court of competent jurisdiction or filed by a licensed attorney, a financial institution including, but not limited to, any commercial bank, savings and loan association or credit union or a Missouri state licensed mortgage company or mortgage broker.

2. If a nonconsensual common law lien has been accepted for filing, the filing officer shall accept for filing a sworn notice of invalid lien on a form provided by the filing officer signed and submitted by the person against whom such lien was filed or such person's attorney. The form shall be captioned "Notice of Invalid Lien" and shall state the name and address of the person on whose behalf such notice is filed, the name and address of the lien claimant and a clear reference to the document or documents the person believes constitute a nonconsensual common law lien. A copy of the notice of invalid lien shall be mailed by the filing officer to the lien claimant at the lien claimant's last known address within one business day. No filing officer, county or the state shall be liable for the acceptance for filing of a nonconsensual common law lien, nor for the acceptance for filing of a sworn notice of invalid lien pursuant to this subsection.

(L. 1996 S.B. 869 § D-2)
Mo. Rev. Stat. § 191.1605 — MO Code / Chapter 191 / Section 191.1605
191.1605 Accounts, use of moneys — withdrawals, recapture — death of account holder, ...
Status: in_force

191.1605. Accounts, use of moneys — withdrawals, recapture — death of account holder, effect of. — 1. For purposes of the tax benefit conferred under the long-term dignity savings account act, the moneys in a long-term dignity savings account may be:

(1) Used for a qualified beneficiary's eligible expenses;

(2) Transferred to another newly created long-term dignity savings account; and

(3) Used to pay a service fee that is deducted by the financial institution.

2. Moneys withdrawn from a long-term dignity savings account shall be subject to recapture in the tax year in which they are withdrawn if:

(1) At the time of the withdrawal, it has been less than a year since the first deposit in the long-term dignity savings account; or

(2) The moneys are used for any purpose other than those specified under subsection 1 of this section.

The recapture shall be an amount equal to the moneys withdrawn and shall be added to the Missouri adjusted gross income of the account holder or, if the account holder is not living, the qualified beneficiary.

3. If any moneys are subject to recapture under subsection 2 of this section, the account holder shall pay to the department a penalty in the same tax year as the recapture. If the withdrawal was made ten or fewer years after the first deposit in the long-term dignity savings account, the penalty shall be equal to five percent of the amount subject to recapture and, if the withdrawal was made more than ten years after the first deposit in the account, the penalty shall be equal to ten percent of the amount subject to recapture. These penalties shall not apply if the withdrawn moneys are from a long-term dignity savings account for which the qualified beneficiary died, and the account holder does not designate a new qualified beneficiary during the same tax year.

4. If the account holder dies or, if the long-term dignity account is jointly owned, the account holders die and the account does not have a surviving transfer-on-death beneficiary, then all of the moneys in the account that were used for a tax deduction under section 143.1160 shall be subject to recapture in the tax year of the death or deaths, but no penalty shall be due to the department.

(L. 2020 H.B. 1682)
Mo. Rev. Stat. § 65.110 — MO Code / Chapter 65 / Section 65.110
65.110 Officers to be chosen.
Status: in_force

65.110. Officers to be chosen. — 1. There shall be chosen at the biennial election in each township one trustee, who shall be ex officio treasurer of the township, one township clerk, and two members of the township board.

2. Upon the assumption of office of a county assessor elected as provided by section 53.010 , the township clerk shall cease to perform the duties of ex officio township assessor and shall promptly deliver to the county assessor all books, papers, records, and property pertaining to the office of ex officio township assessor.

3. The treasurer ex officio collector of a county with township organization shall no longer retain such title, and shall instead assume the office of collector-treasurer, as provided for by section 54.010 , on March 1, 2007. On such date, the township collector shall cease to perform the duties of township collector and shall promptly deliver to the collector-treasurer all books, papers, records, and property pertaining to the office of township collector. The township collector shall continue to perform the same duties and be subject to the same requirements and liabilities until his or her term expires on March 1, 2007. Notwithstanding other provisions of law to the contrary, the collector-treasurer shall obtain and hold the same duties, powers, and obligations previously granted to, and held by, the township collector on and after March 1, 2007.

(RSMo 1939 § 13945, A. 1949 H.B. 2021, A.L. 1981 H.B. 114 & 146, A.L. 2005 H.B. 58 merged with S.B. 210) Prior revisions: 1929 § 12268; 1919 § 13181; 1909 § 11669
Mo. Rev. Stat. § 34.359 — MO Code / Chapter 34 / Section 34.359
34.359 Treaties and law of the United States to supersede.
Status: in_force

34.359. Treaties and law of the United States to supersede. — Nothing in sections 34.350 to 34.359 is intended to contravene any existing treaty, law, agreement, or regulation of the United States. All contracts under sections 34.350 to 34.359 shall be entered into in accordance with existing treaty, law, agreement, or regulation of the United States including all treaties entered into between foreign countries and the United States regarding export-import restrictions and international trade and shall not be in violation of sections 34.350 to 34.359 to the extent of such accordance.

(L. 1987 S.B. 74 § 6)