FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 537.859 — MO Code / Chapter 537 / Section 537.859
537.859 Immunity from liability, when — affirmative defense.
Status: in_force

537.859. Immunity from liability, when — affirmative defense. — 1. Except as provided in subsection 2 of this section, a registered agritourism operator is not liable for injury to or death of a participant resulting from the inherent risks of agritourism activities so long as the warning contained in section 537.856 is posted as required and, except as provided in subsection 2 of this section, no participant or participant's representative shall maintain an action against or recover from a registered agritourism operator for injury, loss, damage, or death of the participant resulting exclusively from any of the inherent risks of agritourism activities.

2. Nothing in sections 537.850 to 537.859 shall prevent or limit the liability of a registered agritourism operator if the registered agritourism operator:

(1) Injures the participant by willful or wanton conduct;

(2) Has actual knowledge or should have known of a dangerous condition in the facilities or equipment used in the registered agritourism activity and does not make such dangerous condition known to a participant and such dangerous condition causes the participant to sustain injuries; or

(3) Fails to use that degree of care that an ordinarily careful and prudent person would use under the same or similar circumstances.

3. In any action for damages for personal injury, death, or property damage arising from the operation of a registered tourism activity in which an owner or operator is named as a defendant, it shall be an affirmative defense to that liability that:

(1) The injured person assumed the risk;

(2) The injured person deliberately disregarded conspicuously posted signs, verbal instructions, or other warnings regarding safety measures during the activity; or

(3) Any equipment, animals, or appliance used by the injured person during the activity was * used in a manner or for a purpose other than that for which a reasonable person should have known they were intended.

(L. 2012 S.B. 631) *Word "were" appears in original rolls of S.B. 631, 2012.
Mo. Rev. Stat. § 355.621 — MO Code / Chapter 355 / Section 355.621
355.621 Limitations upon mergers, certain companies.
Status: in_force

355.621. Limitations upon mergers, certain companies. — 1. Without the prior approval of the circuit court having jurisdiction in the county where the registered office in this state of any domestic corporation which is a party to the merger is located, a public benefit corporation may merge with the following in a proceeding of which the attorney general has been given written notice:

(1) A public benefit corporation;

(2) A foreign corporation which would qualify under this chapter as a public benefit corporation;

(3) A wholly-owned foreign or domestic business or mutual benefit corporation, provided the public benefit corporation is the surviving corporation and continues to be a public benefit corporation after the merger; or

(4) A business or mutual benefit corporation, provided that:

(a) On or prior to the effective date of the merger, assets with a value equal to the greater of the fair market value of the net tangible and intangible assets, including goodwill, of the public benefit corporation or the fair market value of the public benefit corporation if it were to be operated as a business concern are transferred or conveyed to one or more persons who would have received its assets under subdivisions (5) and (6) of subsection 1 of section 355.691 had it dissolved;

(b) It shall return, transfer or convey any assets held by it upon condition requiring return, transfer or conveyance, which condition occurs by reason of the merger, in accordance with such condition; and

(c) The merger is approved by a majority of directors of the public benefit corporation who are not and will not become members or shareholders in, or officers, employees, agents or consultants of, the surviving corporation.

2. At least twenty days before consummation of any merger of a public benefit corporation, pursuant to subdivision (4) of subsection 1 of this section, notice, including a copy of the proposed plan of merger, and, if applicable, evidence of proposed compliance with that subdivision, must be delivered to the attorney general.

3. Without the prior approval of the circuit court having jurisdiction in the county where the registered office in this state of any domestic corporation which is a party to the merger is located, in a proceeding in which the attorney general has been given notice, no member of a public benefit corporation may receive or keep anything as a result of a merger other than a membership or membership in the surviving public benefit corporation. The court shall approve the transaction if it is in the public interest.

(L. 1994 H.B. 1095) Effective 7-01-95
Mo. Rev. Stat. § 374.351 — MO Code / Chapter 374 / Section 374.351
374.351 Intent of compact.
Status: in_force

374.351. Intent of compact. — The Interstate Insurance Product Regulation Compact is intended to help States join together to establish an interstate compact to regulate designated insurance products. Pursuant to terms and conditions of this Act * , the State of Missouri seeks to join with other States and establish the Interstate Insurance Product Regulation Compact, and thus become a member of the Interstate Insurance Product Regulation Commission. The Director of the Department of Commerce and Insurance is hereby designated to serve as the representative of this State to the Commission.

(L. 2009 H.B. 577) *"This act" (H.B. 577, 2009) contained numerous sections. Consult Disposition of Sections table for a definitive listing.
Mo. Rev. Stat. § 26.500 — MO Code / Chapter 26 / Section 26.500
26.500 Governor may submit plans for reorganization of executive agencies.
Status: in_force

26.500. Governor may submit plans for reorganization of executive agencies. — Within the first thirty days of any regular legislative session, the governor may submit to both houses of the legislature, at the same time, one or more formal and specific plans for the reorganization of executive agencies of state government.

(L. 1967 p. 98 § 1) (2003) Section authorized executive agency reorganization plan creating the Family Support Division of the Department of Social Services. State ex rel. Department of Social Services v. K.L.D., 118 S.W.3d 283 (Mo.App.W.D.).
Mo. Rev. Stat. § 267.090 — MO Code / Chapter 267 / Section 267.090
267.090 Compilation of information and report.
Status: in_force

267.090. Compilation of information and report. — It shall be the duty of the director of agriculture to collate and compile, briefly and concisely, the useful and interesting information derived from the veterinary sanitary service as provided for in sections 267.010 to 267.460 , and report to the general assembly, within ten days of the date of the meeting thereof, together with such suggestions as may be beneficial to the agricultural interests of the state.

(RSMo 1939 § 14220) Prior revisions: 1929 § 12540; 1919 § 12099; 1909 § 723
Mo. Rev. Stat. § 290.240 — MO Code / Chapter 290 / Section 290.240
290.240 Department inquiry into complaints — rulemaking authority.
Status: in_force

290.240. Department inquiry into complaints — rulemaking authority. — 1. The department shall inquire diligently into complaints regarding any violation of sections 290.210 to 290.340 , shall institute actions for penalties herein prescribed, and shall enforce generally the provisions of sections 290.210 to 290.340 . Complaints regarding any violation of sections 290.210 to 290.340 shall be filed with the department. The following interested parties are the only parties allowed to file such complaints with the department:

(1) Any decision-making public servant for a public body for which a public works project is being performed, if the complaint is against the contractor or subcontractor for the project;

(2) Any contractor, if the complaint is against his or her subcontractor for work performed on behalf of a public body;

(3) Any subcontractor, if the complaint is against his or her contractor for work performed on behalf of a public body; and

(4) Any worker who alleges a violation of his or her rights under sections 290.210 to 290.340 .

2. The department may establish rules and regulations for the purpose of carrying out the provisions of sections 290.210 to 290.340 .

(L. 1957 p. 574 § 6, A.L. 1969 S.B. 142, A.L. 2018 H.B. 1729, et al.)
Mo. Rev. Stat. § 472.020 — MO Code / Chapter 472 / Section 472.020
472.020 Jurisdiction of probate division of circuit court.
Status: in_force

472.020. Jurisdiction of probate division of circuit court. — The probate division of the circuit court may hear and determine all matters pertaining to probate business, to granting letters testamentary and of administration, the appointment of guardians and conservators of minors and incapacitated and disabled persons, settling the accounts of personal representatives and conservators, and the sale or leasing of lands by personal representatives and conservators, including jurisdiction of the construction of wills as an incident to the administration of estates, of the determination of heirship, of the administration of testamentary and inter vivos trusts, of disability and incapacity proceedings as provided by law and of such other probate business as may be prescribed by law.

(RSMo 1939 § 2437, A.L. 1955 p. 385 § 3, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45) Prior revisions: 1929 § 2406; 1919 § 2542; 1909 § 4056 (1959) Court stated "the General Assembly, in its representative capacity, is free to exercise all the primary power of the people in conferring such uniform equitable jurisdiction" referring to jurisdiction in "matters pertaining to probate business". North v. Hawkinson (Mo.), 324 S.W.2d 733. (1962) Judgment of trial court ordering writ of mandamus to compel probate judge to assume jurisdiction of testamentary trust reversed and supreme court refused to rule on constitutionality of provision conferring jurisdiction of testamentary trusts on probate court where record did not show facts sufficient to present issues for determination. State v. Bradley (Mo.), 358 S.W.2d 38. (1964) Appointment by probate court of successor trustee of testamentary trust held void and sections 472.020 and 456.225 declared unconstitutional insofar as they purport to grant jurisdiction over testamentary trusts to the probate court. First National Bank of Kansas City v. Mercantile B. & T. Co. (Mo.), 376 S.W.2d 164.
Mo. Rev. Stat. § 346.115 — MO Code / Chapter 346 / Section 346.115
346.115 Powers and duties of division.
Status: in_force

346.115. Powers and duties of division. — The powers and duties of the division are as follows:

(1) To exercise all budgeting, purchasing, reporting and other related management functions;

(2) To employ, within the funds appropriated, such staff as are necessary to carry out the provisions of sections 346.010 to 346.250 .

(L. 1973 H.B. 396 & 257 § 24, A.L. 1981 S.B. 16, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3 merged with S.B. 69, et al., A.L. 2009 S.B. 296)
Mo. Rev. Stat. § 137.465 — MO Code / Chapter 137 / Section 137.465
137.465 County clerk to submit lists of property — abstracts of all real property.
Status: in_force

137.465. County clerk to submit lists of property — abstracts of all real property. — 1. It shall be the duty of the county clerk of each county in this state, that has or hereafter may adopt township organization, to annually submit, for the use of the collector-treasurer of each county, correct lists of the property assessed, which lists shall be in alphabetical order, the names of the persons owing tax on personal property in the county, the aggregate value of such property assessed to each person, and the amount of taxes due thereon.

2. The county clerk shall also submit for the use of the collector-treasurer an abstract of all real property which is assessed, in numerical order, which shall show the name or names, if known, of the person or persons to whom each tract or lot is assessed, and the value of each tract or lot, and the amount of taxes due thereon, which list shall be made out in strict conformity with the forms and instructions furnished by the state tax commission.

(RSMo 1939 § 13995, A.L. 1945 p. 1970, A.L. 2005 H.B. 58 merged with S.B. 210) Prior revisions: 1929 § 12318; 1919 § 13231; 1909 § 11719
Mo. Rev. Stat. § 526.140 — MO Code / Chapter 526 / Section 526.140
526.140 Proceedings where notice not required.
Status: in_force

526.140. Proceedings where notice not required. — When an application shall be made for an injunction, as herein provided, and no notice of such application is required by this chapter, and no notice is in fact given, and the court, judges or judge to which the application is made shall deem it proper that the defendant, or any of several defendants, should be heard before granting the injunction, such court, judges or judge may, by an order, require cause to be shown, at a specified time and place, why the injunction should not be granted, and he or they may, in the meantime, restrain the defendant, or make such other order as the case may require.

(RSMo 1939 § 1681) Prior revisions: 1929 § 1517; 1919 § 1967; 1909 § 2532
Mo. Rev. Stat. § 40.010 — MO Code / Chapter 40 / Section 40.010
40.010 Dismissal of commissioned officer, by governor — right to trial, procedure ...
Status: in_force

40.010. Dismissal of commissioned officer, by governor — right to trial, procedure — discharge substituted for dismissal, when — reappointment — no right to trial, when. — 1. Any commissioned officer subject to sections 40.005 to 40.490 , dismissed by order of the governor, may make a written application for trial by court-martial setting forth, under oath, that he has been wrongfully dismissed. In such event, the governor, as soon as practicable, shall convene a general court-martial to try such officer on the charges on which he was dismissed. A court-martial so convened shall have jurisdiction to try the dismissed officer on such charge, and he shall be considered to have waived the right to plead any statute of limitations applicable to any offense with which he is charged. The court-martial may, as part of its sentence, adjudge the affirmance of the dismissal, but if the court-martial acquits the accused or if the sentence adjudged, as finally approved or affirmed, does not include dismissal, the adjutant general shall substitute for the dismissal ordered by the governor a form of discharge authorized for administrative issue.

2. If the governor fails to convene a general court-martial within six months from the presentation of an application for trial under this section, the adjutant general shall substitute for the dismissal ordered by the governor a form of discharge authorized for administrative issue.

3. If a discharge is substituted for a dismissal under sections 40.005 to 40.490 , the governor alone may reappoint the officer to the grade and rank as that former officer would have attained had the officer not been dismissed. The reappointment of such a former officer may be made only if a vacancy is available under applicable tables of organization. All the time between the dismissal and the reappointment shall be considered as actual service for all state purposes.

4. If an officer is discharged from the state military forces by administrative action or by board proceedings under law or is dropped from the rolls by order of the governor, the officer has no right to trial under this section.

(L. 1984 H.B. 1035 § 4)
Mo. Rev. Stat. § 196.331 — MO Code / Chapter 196 / Section 196.331
196.331 Sign required on sale from bulk lots.
Status: in_force

196.331. Sign required on sale from bulk lots. — Eggs shall not be sold to consumers, from bulk lots without displaying a plainly legible sign or placard conspicuously placed and posted in such a position as to clearly and accurately identify the eggs designated thereby, marked with the full, correct and unabbreviated designation of quality and size of such eggs in boldface type letters not less than one inch in height, according to the standards established by the director.

(L. 1955 p. 701 § 196.325)
Mo. Rev. Stat. § 622.370 — MO Code / Chapter 622 / Section 622.370
622.370 Production of documents and records, ordered when.
Status: in_force

622.370. Production of documents and records, ordered when. — At the request of the division's general counsel and upon good cause shown by the counsel the division shall require or on its own initiative the division may require, by order served upon any corporation or person in the manner provided for the service of orders, the production within this state at such time and place as it may designate, of any books, accounts, papers or records kept by said corporation or person in any office or place within or without this state, or, at its option, verified copies in lieu thereof, so that an examination thereof may be made by the general counsel when the order is issued at the counsel's request or by the division or under its direction.

(L. 1996 S.B. 780)
Mo. Rev. Stat. § 452.700 — MO Code / Chapter 452 / Section 452.700
452.700 Short title.
Status: in_force

452.700. Short title. — Sections 452.700 to 452.930 may be cited as the "Uniform Child Custody Jurisdiction and Enforcement Act".

(L. 2009 H.B. 481)
Mo. Rev. Stat. § 245.385 — MO Code / Chapter 245 / Section 245.385
245.385 Board to secure right-of-way.
Status: in_force

245.385. Board to secure right-of-way. — Before said work is let under contract said board of directors shall procure the right-of-way over all lands belonging to private persons and right-of-way or roadbed of any railway corporation and any other private or public corporation, and in case they cannot get a gratuitous relinquishment of such right-of-way, or in case said board of directors or the engineer, attorney or agent of said board of directors are unable to agree with the owner of said lands as to the amount of compensation to be paid such owner for said right-of-way, they shall proceed to condemn such, and all lands necessary for a right-of-way for such levee, or any extension thereof, according to the provisions of chapter 523 .

(RSMo 1939 § 12570) Prior revisions: 1929 § 10980; 1919 § 4672; 1909 § 5735
Mo. Rev. Stat. § 680.130 — MO Code / Chapter 680 / Section 680.130
680.130 Citation of law.
Status: in_force

680.130. Citation of law. — Sections 680.130 to 680.155 may be cited as the "State Rail Preservation Act".

(L. 1988 S.B. 676)
Mo. Rev. Stat. § 68.050 — MO Code / Chapter 68 / Section 68.050
68.050 Conflict of interest by port authority commissioners prohibited.
Status: in_force

68.050. Conflict of interest by port authority commissioners prohibited. — No port authority commissioner shall participate in any deliberations or decisions concerning issues where the port authority commissioner has a direct financial interest in contracts, property, supplies, services, facilities or equipment purchased, sold, or leased by the port authority. Such port authority commissioners shall additionally be subject to the limitations regarding the conduct of public officials as provided in chapter 105 .

(L. 1974 H.B. 1646 § 9, A.L. 1979 H.B. 102)
Mo. Rev. Stat. § 21.557 — MO Code / Chapter 21 / Section 21.557
21.557 Personnel and actuarial assistance authorized — compensation, how paid.
Status: in_force

21.557. Personnel and actuarial assistance authorized — compensation, how paid. — The committee may employ such personnel and actuarial assistance as it deems necessary to carry out its duties and prepare required reports. The compensation of such personnel and the expenses of the committee shall be paid from moneys appropriated to the committee or from the joint contingent fund as approved.

(L. 1983 S.B. 393 § 3, A.L. 2014 H.B. 1882)
Mo. Rev. Stat. § 162.311 — MO Code / Chapter 162 / Section 162.311
162.311 Name of district adopted, when — seal required.
Status: in_force

162.311. Name of district adopted, when — seal required. — 1. The board of education of a seven-director district at its first meeting shall adopt and enter of record the name of the district and shall notify the clerk of the county commission of the name so adopted. The name adopted shall comply with any applicable regulations of the state board of education.

2. The board shall keep a common seal with which to attest its official acts.

(L. 1963 p. 200 § 3-31, A.L. 1973 H.B. 158, A.L. 1979 H.B. 280) (Source: RSMo 1959 §§ 165.263, 165.323, A.L. 1961 p. 353)
Mo. Rev. Stat. § 8.380 — MO Code / Chapter 8 / Section 8.380
8.380 Board may acquire and erect buildings — condemnation — may lease to ...
Status: in_force

8.380. Board may acquire and erect buildings — condemnation — may lease to agencies of state and political subdivisions. — 1. The board of public buildings, after project approval by the committee on legislative research of the general assembly, may acquire, construct, erect, equip, furnish, operate, control, manage and regulate a project, as herein defined, if, in the judgment of the board, the project is necessary, advisable, and suitable for the use of the agencies and instrumentalities of the state. The limitation pertaining to population does not apply to energy retrofitting projects.

2. The board may use real property now or hereafter belonging to the state as a site for any such project, or acquire by purchase, lease, gift or otherwise the real or personal property that in the judgment of the board is necessary, advisable and suitable for such purpose.

3. In acquiring the property the board may condemn any and all rights or property, either public or private, of every kind and character, necessary for the purposes aforesaid, and in the exercise of such power of condemnation, it shall follow the procedure which is now or may hereafter be provided by law for the appropriation of land or other property taken for telegraph, telephone or railroad right-of-way.

4. When the board enters into a project authorized by sections 8.370 to 8.450 , it shall provide for sufficient space to be included in the project to meet probable future requirements occasioned by the growth and expansion of the state government.

5. The board may lease to state agencies and instrumentalities of the state and other political subdivisions of the state under the same terms and conditions prescribed under section 8.390 . Any such lease shall include a provision requiring the payment of a portion of the costs of operation and maintenance of the project under the formula prescribed under section 8.390 .

(L. 1959 H.B. 241 § 2, A.L. 1967 p. 91, A.L. 1982 H.B. 1501, A.L. 1986 H.B. 1554 Revision, A.L. 1999 H.B. 450) Effective 6-29-99