FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 8.962 — MO Code / Chapter 8 / Section 8.962
8.962 Public works contract defined — certain contract clauses against public ...
Status: in_force

8.962. Public works contract defined — certain contract clauses against public policy, exceptions. — 1. As used in this section, the term "public works contract" means a contract of the state, county, city and other political subdivisions of the state, except the Missouri transportation department, for the construction, alteration, repair, or maintenance of any building, structure, highway, bridge, viaduct, pipeline, public works, or any other works dealing with construction, which shall include, but need not be limited to, moving, demolition, or excavation performed in conjunction with such work.

2. Any clause in a public works contract that purports to waive, release, or extinguish the rights of a contractor to recover costs or damages, or obtain an equitable adjustment, for delays in performing such contract, if such delay is caused in whole, or in part, by acts or omissions within the control of the contracting public entity or persons acting on behalf thereof, is against public policy and is void and unenforceable.

3. Subsection 2 of this section is not intended to render void any contract provision of a public works contract that:

(1) Precludes a contractor from recovering that portion of delay costs caused by the acts or omissions of the contractor or its agents;

(2) Requires notice of any delay by the party responsible for such delay;

(3) Provides for reasonable liquidated damages; or

(4) Provides for arbitration or any other procedure designed to settle contract disputes.

(L. 2022 S.B. 758) Transferred 2022; formerly § 34.058 .
Mo. Rev. Stat. § 67.1876 — MO Code / Chapter 67 / Section 67.1876
67.1876 Powers of the board, meetings, corporate seal, quorum.
Status: in_force

67.1876. Powers of the board, meetings, corporate seal, quorum. — 1. The board shall possess and exercise all of the district's legislative and executive powers.

2. Within thirty days after the election of the initial directors, the board shall meet. At its first meeting and after each election of new board members the board shall elect a chairman, a secretary, a treasurer and such other officers as it deems necessary from its members. A director may fill more than one office, except that a director may not fill both the office of chairman and secretary.

3. The board may employ such employees as it deems necessary; provided, however, that the board shall not employ any employee who is related within the third degree by blood or marriage to a member of the board.

4. At the first meeting, the board, by resolution, shall define the first and subsequent fiscal years of the district, and shall adopt a corporate seal.

5. A simple majority of the board shall constitute a quorum. If a quorum exists, a majority of those voting shall have the authority to act in the name of the board, and approve any board resolution.

6. Each director shall devote such time to the duties of the office as their faithful discharge may require and may be reimbursed for such director's actual expenditures in the performance of such director's duties on behalf of the district.

(L. 2001 H.B. 80 merged with S.B. 224) Effective 5-16-01 (S.B. 224); 7-02-01 (H.B. 80)
Mo. Rev. Stat. § 545.210 — MO Code / Chapter 545 / Section 545.210
545.210 Money or note, how described.
Status: in_force

545.210. Money or note, how described. — In every indictment in which it shall be necessary to make any averment as to any money or any note, being or purporting to be made or issued by any bank incorporated by law, or made or issued by virtue of any law of the United States, it shall be sufficient to describe such money or note simply as money, without specifying any particular coin or note; and such allegation shall be sustained by proof of any amount of coin, or of any such note, although the particular species of coin of which such amount was composed, or the particular nature of such note, shall not be proved; and in cases of larceny, embezzlement and obtaining money or such notes by false pretenses, by proof that the offender stole, embezzled or obtained any piece of coin, or any such note, or any portion of the value thereof, although such piece of coin or such note may have been delivered to him, in order that some part of the value thereof should be returned to the party delivering the same or to any other person, and such part shall have been returned accordingly.

(RSMo 1939 § 3948) Prior revisions: 1929 § 3559; 1919 § 3904; 1909 § 5111
Mo. Rev. Stat. § 367.310 — MO Code / Chapter 367 / Section 367.310
367.310 Violations deemed unlawful practice, penalty — attorney general, powers — ...
Status: in_force

367.310. Violations deemed unlawful practice, penalty — attorney general, powers — penalties not exclusive — other rights not affected. — 1. Violation of any provision of sections 367.300 to 367.310 shall be deemed an unlawful practice under sections 407.010 to 407.130 and shall be subject to all penalties, remedies and procedures provided in sections 407.010 to 407.130 . The attorney general shall have all powers, rights and duties regarding violations of sections 367.300 to 367.310 as are provided in sections 407.010 to 407.130 and shall have the rulemaking authority as provided in section 407.145 .

2. The provisions of sections 367.300 to 367.310 are not exclusive. The remedy specified in sections 367.300 to 367.310 for violation of sections 367.300 to 367.310 or for conduct described in sections 367.300 to 367.310 shall be in addition to any other procedures or remedies for any violation or conduct provided for by any other law, including chapter 407 . Nothing in sections 367.300 to 367.310 shall limit any other statutory or any common law rights of the attorney general, any circuit attorney or prosecuting attorney, or any other person. If any act or practice prescribed by sections 367.300 to 367.310 is also the basis for a cause of action in common law or a violation of another statute, the purchaser may assert the common law or statutory cause of action under the procedures and with the remedies applicable thereto.

(L. 1992 S.B. 705)
Mo. Rev. Stat. § 88.838 — MO Code / Chapter 88 / Section 88.838
88.838 Joint district sewers, costs, how paid.
Status: in_force

88.838. Joint district sewers, costs, how paid. — Joint district sewers may be constructed by the municipality wherever it may deem it necessary that a sewer shall be constructed in any part of the city, town or village containing two or more sewer districts. In such case it may, by ordinance, unite the sewer districts into a joint district sewer and cause a sewer to be constructed therein in like manner and in all respects as is provided in the case of district sewers; except in cases of joint district sewers, the city, town or village may, if deemed proper, provide in the ordinance creating the joint district sewer, that the municipality shall pay a certain proportion to be specified in the ordinance, of the cost of the joint district sewer. The cost of constructing the joint district sewer, except the amount, if any, specified in the ordinance, to be paid by the municipality, shall be assessed and paid in special tax bills against the property included in the joint sewer district, the same as is provided in the case of district sewers.

(L. 1959 S.B. 344 § 13)
Mo. Rev. Stat. § 509.200 — MO Code / Chapter 509 / Section 509.200
509.200 Claims of items of special damage shall be specifically stated.
Status: in_force

509.200. Claims of items of special damage shall be specifically stated. — When items of special damage are claimed, they shall be specifically stated. In actions where exemplary or punitive damages are recoverable, the petition shall state separately the amount of such damages sought to be recovered.

(L. 1943 p. 353 § 52)
Mo. Rev. Stat. § 542.190 — MO Code / Chapter 542 / Section 542.190
542.190 Special deputies and policemen to be residents of state.
Status: in_force

542.190. Special deputies and policemen to be residents of state. — No sheriff of a county, mayor of a city or other private person authorized by law to appoint special deputies, marshals or policemen in this state to preserve the public peace and quell public disturbances shall appoint as special deputies, marshals or policemen any person who is not a resident of this state and who has not been a resident of this state for at least three years prior to his appointment.

(RSMo 1939 § 4622, A.L. 1955 p. 515) Prior revisions: 1929 § 4233; 1919 § 3480; 1909 § 4695 CROSS REFERENCE: Bona fide citizens only may be deputized, 57.117, 85.005
Mo. Rev. Stat. § 190.245 — MO Code / Chapter 190 / Section 190.245
190.245 Medical records and quality improvement documentation, penalty for failure ...
Status: in_force

190.245. Medical records and quality improvement documentation, penalty for failure to provide, purpose for use, names not to be released. — Failure of a hospital to provide all medical records and quality improvement documentation necessary for the department to implement provisions of sections 190.241 to 190.245 shall result in the revocation of the hospital's designation as a trauma center, STEMI center, or stroke center. Any medical records obtained by the department shall be used only for purposes of implementing the provisions of sections 190.241 to 190.245 and the names of hospitals, physicians and patients shall not be released by the department or members of review teams.

(L. 1987 S.B. 31 & 29 § 6, A.L. 1998 S.B. 743, A.L. 2008 H.B. 1790, A.L. 2022 H.B. 2331)
Mo. Rev. Stat. § 160.900 — MO Code / Chapter 160 / Section 160.900
160.900 Participation — lead agency designation — rulemaking authority.
Status: in_force

160.900. Participation — lead agency designation — rulemaking authority. — 1. The state of Missouri shall participate in the federal Infant and Toddler Program, Part C of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. Section 1431, et seq., and provide early intervention services to infants and toddlers determined eligible under state regulations.

2. The state agency designated by the governor as the lead agency shall be responsible for the administration and implementation of Part C of IDEA through a regional Part C early intervention system and shall promulgate rules implementing the requirements of Part C of IDEA consistent with federal regulations, 34 C.F.R. 303, et seq.

3. Any rule or portion of a rule, as that term is defined in section 536.010 , that is created under the authority delegated in sections 160.900 to 160.925 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 . Sections 160.900 to 160.925 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 July 1, 2005, shall be invalid and void.

4. Notwithstanding the provisions of section 23.253 to the contrary, the provisions of this section shall not sunset.

(L. 2005 S.B. 500, A.L. 2007 S.B. 112)
Mo. Rev. Stat. § 404.071 — MO Code / Chapter 404 / Section 404.071
404.071 Accounting by and determination of liability of custodian — time ...
Status: in_force

404.071. Accounting by and determination of liability of custodian — time limitations for minor bringing action. — 1. A minor who has attained the age of fourteen years, the minor's legal representative, an adult member of the minor's family, a person interested in the welfare of the minor, a transferor, a transferor's legal representative, a successor custodian, or a person who designated the custodian, may petition the court for an accounting by the custodian or the custodian's legal representative.

2. In a proceeding under sections 404.005 to 404.094 of this act * , or in any other proceeding, or upon the petition of the custodian, the court may: (i) require or permit the custodian to account; (ii) authorize the custodian to enter into any transaction, or approve, ratify, confirm and validate any transaction entered into by the custodian, that the court finds is, was or will be beneficial to the minor and which the court has power to authorize for a conservator under chapter 475 ; and (iii) determine responsibility, as between custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under section 404.067 .

3. If the custodian is removed under subsection 11 of section 404.057 , the court may order an accounting, order delivery of the custodial property and records of the custodianship to the minor, a successor custodian or the minor's legal representative, and order the execution of all instruments required for the transfer of the custodial property.

4. Unless previously barred by adjudication, consent or limitations, any cause of action against a custodian for accounting or breach of duty shall be barred as to any minor who has received a final account or other statement fully disclosing the matter and showing termination of the custodianship for the minor unless a proceeding to assert the cause of action is commenced within two years after receipt of the final account or statement by a minor over eighteen years of age or, if the minor is under eighteen years, or is an incapacitated or deceased person, by the legal representative of the minor's estate; except that, if no final account or statement is provided by the custodian or if there is no legal representative of the minor's estate, then such cause of action shall not be barred until two years after the date the minor attains twenty-one years of age or the incapacity is removed, or one year after the minor's death. The cause of action thus barred does not include any action to recover from a custodian for fraud, misrepresentation or concealment related to the final settlement of the custodianship, or concealment of the existence of the custodianship.

(L. 1985 S.B. 35, et al. § 10, A.L. 1989 H.B. 145) *"This act" (H.B. 145, 1989) contained numerous sections. Consult Disposition of Sections table for a definitive listing.
Mo. Rev. Stat. § 362.034 — MO Code / Chapter 362 / Section 362.034
362.034 Marijuana facilities, request for certain agencies to share information ...
Status: in_force

362.034. Marijuana facilities, request for certain agencies to share information with banking institutions — procedure. — 1. Any entity that operates as a facility licensed or certified under Article XIV of the Constitution of Missouri may request in writing that a state or local licensing authority or agency, including, but not limited to, the department of health and senior services or department of revenue, share the entity's application, license, or other regulatory and financial information with a banking institution. A state or local licensing authority or agency may also share such information with the banking institution's state and federal supervisory agencies.

2. In order to ensure the state or local licensing authority or agency is properly maintaining the confidentiality of individualized data, information, or records, an entity shall include in the written request a waiver giving authorization for the transfer of the individualized data, information, or records and waiving any confidentiality or privilege that applies to that individualized data, information, or records.

3. This section shall only apply to the disclosure of information by a state or local licensing authority or agency reasonably necessary to facilitate the provision of financial services by a banking institution to the entity making a request pursuant to this section.

4. The recipient of any information pursuant to this section shall treat such information as confidential and use it only for the purposes described in this section.

5. Nothing in this section shall be construed to authorize the disclosure of confidential or privileged information, nor waive an entity's rights to assert confidentiality or privilege, except as reasonably necessary to facilitate the provision of financial services for the entity making the request.

6. An entity that has provided a waiver pursuant to this section may withdraw the waiver with thirty days' notice in writing.

7. Nothing in this section shall be construed to modify the requirements of chapter 610 .

8. For purposes of this section, the following terms mean:

(1) "Banking institution" , the same meaning as in Article IV, Section 15 of the Missouri Constitution;

(2) "Entity" , the same meaning as in Article XIV of the Missouri Constitution.

(L. 2023 S.B. 63 merged with S.B. 186)
Mo. Rev. Stat. § 256.616 — MO Code / Chapter 256 / Section 256.616
256.616 Performance bond or letter of credit may be required — conditions.
Status: in_force

256.616. Performance bond or letter of credit may be required — conditions. — A well installation contractor or pump installation contractor who has had a permit revoked or a person found guilty of a class A misdemeanor in accordance with section 256.637 shall provide to the division a performance bond or letter of credit in order to obtain a permit.

(1) The bond or letter of credit required by this section shall be:

(a) Conditioned upon faithful compliance with the conditions and terms of sections 256.600 to 256.640 ; and

(b) In such amount as determined by the division to ensure compliance with the procedures, rules and regulations, and standards established pursuant to sections 256.600 to 256.640 , but shall not exceed ten thousand dollars or be less than one thousand dollars. When setting the amount, the division shall consider the total number of wells drilled or pumps installed and the average cost of each well drilled or serviced by the applicant;

(2) Such performance bond, placed on file with the director, shall be in one of the following forms:

(a) A performance bond, payable to the director and issued by an institution authorized to issue such bonds in this state; or

(b) An irrevocable letter of credit issued in favor of and payable to the director from a commercial bank or savings and loan having offices in the state of Missouri;

(3) The requirement for a performance bond or a letter of credit by a well installation contractor or pump installation contractor who has had a permit revoked, or a person who has been found guilty of a class A misdemeanor in accordance with section 256.637 shall cease after two consecutive years of well drilling or pump installation in accordance with the provisions of sections 256.600 to 256.640 , and any rules or regulations promulgated pursuant to sections 256.600 to 256.640 ;

(4) Upon a determination by the division that a well contractor or pump installation contractor has failed to meet standards as set out in sections 256.600 to 256.640 and the rules and regulations promulgated thereunder, the division shall notify the well installation contractor or pump installation contractor that the bond or letter of credit will be forfeited and the moneys placed in the groundwater protection fund for remedial action, if that person does not bring the well or borehole up to the standards established pursuant to sections 256.600 to 256.640 within sixty days after notification of such determination has been given;

(5) If a well is not brought up to the standards established pursuant to sections 256.600 to 256.640 within the sixty-day notification period the division may, upon expiration of the notification period, expend whatever portion of the bond or letter of credit is necessary to hire another contractor to bring the well or borehole up to standards or to construct a new well.

(L. 1991 S.B. 221, A.L. 1997 S.B. 342)
Mo. Rev. Stat. § 66.707 — MO Code / Chapter 66 / Section 66.707
66.707 Constitution certificates as ratified to be filed where.
Status: in_force

66.707. Constitution certificates as ratified to be filed where. — Duplicate certificates shall be made, setting forth the county constitution adopted and its ratification, signed by the election authority of the county after canvassing election returns. One of such certified copies shall be deposited in the office of the secretary of state and the other, after being recorded in the records of the county, shall be deposited among the archives of the county and all courts shall take judicial notice thereof. This section shall also apply to any amendment to the county constitution.

(L. 1993 H.B. 551 & 552 § 2 subsec. 6 merged with S.B. 67 § 10 subsec. 6 merged with S.B. 88 § 1 subsec. 6)
Mo. Rev. Stat. § 60.120 — MO Code / Chapter 60 / Section 60.120
60.120 Survey, duty to make, fee.
Status: in_force

60.120. Survey, duty to make, fee. — The county surveyor shall, within thirty days, when called upon, survey any tract of land or town lot lying in his county, at the expense of the person demanding the same; provided, that his agreed upon fees are first tendered, or that he and his deputies are not engaged in executing previous orders of survey.

(RSMo 1939 § 13199, A.L. 1989 H.B. 190, et al.) Prior revisions: 1929 § 11580; 1919 § 12718; 1909 § 11300
Mo. Rev. Stat. § 324.014 — MO Code / Chapter 324 / Section 324.014
324.014 License status, change in to be reported to current employer by licensing body.
Status: in_force

324.014. License status, change in to be reported to current employer by licensing body. — Any board, commission, committee, council, or office within the division of professional registration shall notify any known current employer of a change in a licensee's license and discipline status. An employer may provide a list of current licensed employees and make a request in writing to the board, commission, committee, council, or office within the division of professional registration responsible for the licensee's license, to be notified upon a change in the licensing status of any such licensed employee. Nothing in this section shall be construed as requiring the board, commission, committee, council, or office within the division of professional registration to determine the current employer of any person whose license is sanctioned.

(L. 2011 H.B. 265 merged with S.B. 325)
Mo. Rev. Stat. § 305.325 — MO Code / Chapter 305 / Section 305.325
305.325 Debts and obligations of authority not debts of state.
Status: in_force

305.325. Debts and obligations of authority not debts of state. — Nothing in sections 305.300 to 305.333 shall be construed to authorize the authority to create a debt, liability or obligation of the state of Missouri or of any of its political subdivisions, and all bonds issued by the authority shall be paid solely from the revenues and other funds provided therefor by the provisions of sections 305.300 to 305.333 .

(L. 1985 S.B. 145 & 166 § 9)
Mo. Rev. Stat. § 64.295 — MO Code / Chapter 64 / Section 64.295
64.295 Violations of law or regulation, misdemeanor — civil remedies (noncharter ...
Status: in_force

64.295. Violations of law or regulation, misdemeanor — civil remedies (noncharter first class counties). — A violation of the provisions of sections 64.211 to 64.295 , or of any order or regulation adopted under authority of sections 64.211 to 64.295 , is a misdemeanor. The proper county authorities or any persons, the value or use of whose property is or may be affected by such violation in addition to other remedies, may also institute any appropriate action or proceedings by preventing or removing such violation.

(L. 1959 S.B. 309 § 17)