FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 532.530 — MO Code / Chapter 532 / Section 532.530
532.530 Order of discharge, how enforced.
Status: in_force

532.530. Order of discharge, how enforced. — Obedience to any order for the discharge of a prisoner, granted pursuant to the provisions of this chapter, may be enforced by the court granting such order, by attachment, in the same manner as herein provided in cases of failure to make return to a writ of habeas corpus, and with like effect in all respects.

(RSMo 1939 § 1637, A.L. 1978 H.B. 1634) Prior revisions: 1929 § 1473; 1919 § 1923; 1909 § 2488 Effective 1-02-79
Mo. Rev. Stat. § 407.105 — MO Code / Chapter 407 / Section 407.105
407.105 Receiver, powers and duties of.
Status: in_force

407.105. Receiver, powers and duties of. — When a receiver is appointed by the court pursuant to section 407.100 , he may sue for, collect, receive and take into his possession all the goods and chattels, rights and credits, moneys and effects, lands and tenements, books, records, documents, papers, choses in action, bills, notes and property of every description, derived by means of any method, act, use, practice or solicitation, or any combination thereof, declared to be unlawful or prohibited by this chapter, including property with which such property has been mingled if it cannot be identified in kind because of such commingling, and to sell, convey, and assign the same and hold and dispose of the proceeds thereof under the direction of the court. Any person who has suffered damages as a result of the use or employment of any unlawful methods, acts, uses, practices or solicitations, or any combination thereof, and submits proof to the satisfaction of the court that he has in fact been damaged, may participate with general creditors in the distribution of the assets to the extent he has sustained out-of-pocket losses. In the case of a partnership or business entity, the receiver shall settle the estate and distribute the assets under the direction of the court. The court shall have jurisdiction of all questions arising in such proceedings and may make such orders and judgments therein as may be required.

(L. 1973 H.B. 55, A.L. 1985 H.B. 96, et al., A.L. 1986 S.B. 685) Effective 5-01-86
Mo. Rev. Stat. § 251.038 — MO Code / Chapter 251 / Section 251.038
251.038 Regional planning commission to include certain state senators and ...
Status: in_force

251.038. Regional planning commission to include certain state senators and representatives — expenses, how paid. — The regional planning commissions shall include the state representatives and state senators of their region who shall serve without pay but who shall be reimbursed for their necessary and actual expenses incurred from the senate or house contingent fund and shall be invited to all meetings in writing by the regional planning commission where the meetings involve the discussion of the expenditure of state funds.

(L. 1973 S.B. 68 § 4) CROSS REFERENCE: Composition of regional planning commissions, 251.250.
Mo. Rev. Stat. § 444.352 — MO Code / Chapter 444 / Section 444.352
444.352 Definitions.
Status: in_force

444.352. Definitions. — As used in sections 444.352 to 444.380 , the following words and terms shall mean:

(1) "Beneficiation" , the process of concentrating minerals from ore;

(2) "Closure" , those actions taken pursuant to a comprehensive plan to contain metallic mineral wastes on site, ensure the integrity of waste management structures and achieve the designated final uses of the metallic minerals waste management area;

(3) "Conference, conciliation and persuasion" , a process of verbal or written communications consisting of meetings, reports, correspondence or telephone conferences between authorized representatives of the department and the alleged violator. The process shall, at a minimum, consist of one offer to meet with the alleged violator tendered by the department. During any such meeting, the department and the alleged violator shall negotiate in good faith to eliminate the alleged violation and shall attempt to agree upon a plan to achieve compliance;

(4) "Director" , the director of the department of natural resources;

(5) "Disposal" , the placing of metallic mineral wastes on or under the ground;

(6) "Facility" , an integrated metallic mineral mine or mill complex or primary metal smelter or refinery complex;

(7) "Inspection-maintenance" , those actions taken after closure to maintain the waste management area in accordance with a closure plan;

(8) "Metallic mineral waste" , mine waste rock, mine water, tailings, chat, blast furnace slag from primary lead smelters and pot liners from primary aluminum smelters, which is disposed of and not put to beneficial use;

(9) "Metallic minerals" , minerals or mineral ores containing lead, iron, zinc, copper, gold and silver;

(10) "Metallic minerals waste management areas" or "waste management areas" , those areas designated and used for the disposal of metallic mineral wastes from metallic minerals mining, beneficiation and processing;

(11) "Mining" , any activity conducted on or under the surface of the earth for the extraction of metallic minerals or mineral ores from the earth;

(12) "Minor violation" , a violation which possesses a small potential to harm the environment or human health or cause pollution, was not knowingly committed, and is not defined by the United States Environmental Protection Agency as other than minor;

(13) "Operator" , any person, firm, or corporation engaged in and controlling a facility;

(14) "Person" , any individual, partnership, copartnership, firm, company, public or private corporation, association, joint stock company, trust, estate, political subdivision, or any agency, board, department or bureau of the state or federal government, or any other legal entity whatever, which is recognized by law as the subject of rights and duties.

(L. 1989 H.B. 321 § 2, A.L. 1993 S.B. 80, et al.)
Mo. Rev. Stat. § 193.005 — MO Code / Chapter 193 / Section 193.005
193.005 Law, how cited.
Status: in_force

193.005. Law, how cited. — Sections 193.005 to 193.325 may be cited as the "Uniform Vital Statistics Law".

(L. 1984 S.B. 574)
Mo. Rev. Stat. § 137.155 — MO Code / Chapter 137 / Section 137.155
137.155 Form of oath — refusal to make oath — penalty.
Status: in_force

137.155. Form of oath — refusal to make oath — penalty. — 1. The oath to be signed and affirmed or sworn to by each person making a list of property required by this chapter is as follows:

I, ______, do solemnly swear, or affirm, that the foregoing list contains a true and correct statement of all the tangible personal property, made taxable by the laws of the state of Missouri, which I owned or which I had under my charge or management on the first day of January, 20______. I further solemnly swear, or affirm, that I have not sent or taken, or caused to be sent or taken, any property out of this state to avoid taxation. So help me God.

2. Any person who refuses to make oath or affirmation to his list, when required so to do by the assessor or his deputy, shall, upon conviction, be deemed guilty of a misdemeanor and no property shall be exempt from executions issued on judgments in prosecutions under this section.

3. The list and oath shall be filed by the assessor, after the assessor has completed the assessor's books, in the office of the county clerk, who, after entering the filing thereon, shall preserve and safely keep them.

(RSMo 1939 § 10953, A.L. 1945 p. 1782 § 17, A.L. 1959 H.B. 108, A.L. 1978 H.B. 1634, A.L. 1989 S.B. 127, et al., A.L. 2003 H.B. 57) Prior revisions: 1929 § 9759; 1919 § 12769; 1909 § 11351 (2001) Section allowing taxpayer to affirm, rather than swear to, property list and permits deletion of phrase referring to God is constitutional. Oliver v. State Tax Commission of Missouri, 37 S.W.3d 243 (Mo.banc).
Mo. Rev. Stat. § 8.515 — MO Code / Chapter 8 / Section 8.515
8.515 Powers of authority not restricted or limited — proceedings, notice or ...
Status: in_force

*8.515. Powers of authority not restricted or limited — proceedings, notice or approval not required, when. — Sections 8.500 to 8.565 shall not restrict or limit the powers that the authority has under any other law of the state, but is cumulative as to any such powers. A proceeding, notice, or approval is not required for the creation of the authority or the issuance of bonds, debt obligations or any instrument as security, except as provided in sections 8.500 to 8.565 .

(L. 2002 S.B. 1191) Effective 6-07-02 *Section terminates upon satisfaction of all outstanding notes and obligations. See section 8.589.
Mo. Rev. Stat. § 196.943 — MO Code / Chapter 196 / Section 196.943
196.943 Appointments, when made — authority to act, when — failure of senate to ...
Status: in_force

196.943. Appointments, when made — authority to act, when — failure of senate to consent, effect of. — Within thirty days after August 13, 1972, the governor shall appoint ten persons as members of the state milk board as set forth in section 196.941 and their authority to act shall commence upon receiving the advice and consent of the senate, if the senate shall be in session, but if the senate not be in session, the authority to act as an acting board member shall commence immediately upon appointment by the governor, but shall terminate if advice and consent is not received within thirty days after the senate convenes. If advice and consent is not given, such person shall not be reappointed by the governor to the board. To be eligible for appointment by the governor, the board member must be a citizen of the United States and a resident of the state. Advice and consent may be withdrawn with regard to the appointment of a member of the state milk board by a majority vote of the elected members of the senate.

(L. 1972 H.B. 1280 § 8)
Mo. Rev. Stat. § 217.390 — MO Code / Chapter 217 / Section 217.390
217.390 Escape, defined — penalty.
Status: in_force

217.390. Escape, defined — penalty. — An offender absenting himself without leave from any person in charge of his supervision, or from any work assignment, educational release program or job outside of the correctional center, or from any halfway house or correctional facility operated by another political subdivision to which he has been assigned, or who willfully fails to return to such place at the appointed time after having been permitted to leave, shall be deemed on "escape" status. He shall be reported by the division to the appropriate law enforcement officer and upon conviction shall be sentenced for escape as provided in section 575.210 . Inadvertent releases shall be rectified by an issuance of a warrant by the director.

(L. 1982 H.B. 1196 § 75, A.L. 1989 H.B. 408, A.L. 1990 H.B. 974, A.L. 1995 H.B. 424)
Mo. Rev. Stat. § 454.636 — MO Code / Chapter 454 / Section 454.636
454.636 Order of income withholding, priority — current obligation.
Status: in_force

454.636. Order of income withholding, priority — current obligation. — 1. An order of income withholding for health benefit plan coverage shall have priority over all other legal processes under state law against money, income or periodic earnings of the noncustodial parent except an order of income withholding for current child support.

2. Notwithstanding the provisions of section 452.350 and section 454.505 , or any other provision of law to the contrary, the amount contained in an order of income withholding for health benefit plan coverage issued pursuant to sections 454.600 to 454.645 , shall be considered a current child support obligation for purposes of applying the limitations contained in the federal Consumer Credit Protection Act, 15 U.S.C. 1673(b), and shall run concurrently with orders issued pursuant to section 452.350 and section 454.505 . However, when concurrently running wage withholding processes for the collection of support obligations, including an order for health benefit plan coverage, cause the amounts withheld from the obligor to exceed applicable wage withholding limitations, the employer shall not include the amount contained in the order of income withholding for health benefit plan coverage in determining the pro rata distribution, and shall not withhold any amount for health benefit plan coverage from an employee's wages.

(L. 1993 S.B. 253 § 15) Effective 5-26-93
Mo. Rev. Stat. § 211.021 — MO Code / Chapter 211 / Section 211.021
211.021 Definitions.
Status: in_force

211.021. Definitions. — As used in this chapter, unless the context clearly requires otherwise:

(1) "Adult" means a person eighteen years of age or older;

(2) "Child" means any person under eighteen years of age;

(3) "Juvenile court" means the juvenile division or divisions of the circuit court of the county, or judges while hearing juvenile cases assigned to them;

(4) "Legal custody" means the right to the care, custody and control of a child and the duty to provide food, clothing, shelter, ordinary medical care, education, treatment and discipline of a child. Legal custody may be taken from a parent only by court action and if the legal custody is taken from a parent without termination of parental rights, the parent's duty to provide support continues even though the person having legal custody may provide the necessities of daily living;

(5) "Parent" means either a natural parent or a parent by adoption and if the child is illegitimate, "parent" means the mother;

(6) "Shelter care" means the temporary care of juveniles in physically unrestricting facilities pending final court disposition. These facilities may include:

(a) "Foster home" , the private home of foster parents providing twenty-four-hour care to one to three children unrelated to the foster parents by blood, marriage or adoption;

(b) "Group foster home" , the private home of foster parents providing twenty-four-hour care to no more than six children unrelated to the foster parents by blood, marriage or adoption;

(c) "Group home" , a child care facility which approximates a family setting, provides access to community activities and resources, and provides care to no more than twelve children.

(L. 1957 p. 642 § 211.020 , A.L. 1978 H.B. 1634, A.L. 1982 S.B. 497, A.L. 2008 H.B. 1550, A.L. 2018 S.B. 793 merged with S.B. 800) Effective 1-01-21 (1979) Statutory enactment readopting discriminatory language which exempts fathers of illegitimate children from definition of "parent", but not limited to the purpose of annulling juvenile court rule that changed definition of "parent", did not annul or amend court rule. Miller v. Russell (A.), 593 S.W.2d 598.
Mo. Rev. Stat. § 362.063 — MO Code / Chapter 362 / Section 362.063
362.063 Power to close transfer books.
Status: in_force

362.063. Power to close transfer books. — The board of directors may close the transfer books of any bank or trust company for a period not exceeding fifty days preceding the date of any meeting of stockholders or the date of payment of any dividend or the date for the allotment of rights or the date when any change or conversion or exchange of shares shall go into effect; provided, however, that in lieu of closing the stock transfer books as aforesaid, unless prohibited by the bylaws the board of directors may fix in advance a date, not exceeding fifty days preceding the date of any meeting of stockholders, or the date for the payment of any dividend, or the date for the allotment of rights, or the date when any change or conversion or exchange of shares shall go into effect, as a record date for the determination * of the stockholders entitled to notice of, and to vote at, any meeting, and any adjournment thereof, or entitled to receive payment of any dividend, or entitled to any allotment of rights, or entitled to exercise the rights in respect of any change, conversion or exchange of shares. In such cases such stockholders and only such stockholders as shall be stockholders of record on the date of closing the transfer books or on the record date so fixed shall be entitled to notice of, and to vote at, the meeting, and any adjournment thereof, or to receive payment of the dividend, or to receive the allotment of rights, or to exercise such rights, as the case may be, notwithstanding any transfer of any shares on the books of the corporation after the date of closing of the transfer books or the record date fixed as aforesaid. If the board of directors does not close the transfer books or set a record date of termination of the stockholders entitled to notice of, and to vote at, a meeting of stockholders, only the stockholders of record at the close of business on the twentieth day preceding the date of the meeting shall be entitled to notice of, and to vote at, the meeting, and any adjournment thereof; except that if prior to the meeting written waivers of notice of the meeting are signed and delivered to the corporation by all of the stockholders of record at the time the meeting is convened, only the stockholders of record at the time the meeting is convened shall be entitled to vote at the meeting, and any adjournment thereof.

(L. 1967 p. 445) *Word "termination" appears in original rolls.
Mo. Rev. Stat. § 317.021 — MO Code / Chapter 317 / Section 317.021
317.021 Violation of law, misdemeanor.
Status: in_force

317.021. Violation of law, misdemeanor. — Any person who violates any of the provisions of sections 317.001 to 317.021 shall be deemed guilty of a class A misdemeanor.

(L. 1983 H.B. 635 § 6)
Mo. Rev. Stat. § 217.195 — MO Code / Chapter 217 / Section 217.195
217.195 Canteen to be established — inmate canteen fund established, purpose, ...
Status: in_force

217.195. Canteen to be established — inmate canteen fund established, purpose, moneys, how spent. — 1. With the approval of the director of the department of corrections, the chief administrative officer of any correctional center operated by the division may establish and operate a canteen or commissary for the use and benefit of the offenders.

2. The "Inmate Canteen Fund" is hereby established in the state treasury and shall consist of funds received from the operation of the inmate canteens. The acquisition cost of goods sold and other expenses shall be paid from this account. A minimum amount of money necessary to meet cash flow needs and current operating expenses may be kept in this fund. The proceeds generated from the operation of the inmate canteens shall be expended solely for any of the following, or combination thereof: the offenders in the improvement of recreational, religious, educational services, or reentry services. All interest earned by the fund shall be credited to the fund and shall be used solely for the purposes described in this section. The provisions of section 33.080 to the contrary notwithstanding, any money remaining in the inmate canteen fund at the end of the biennium shall be retained for the purposes specified in this section and shall not revert to the credit of or be transferred to general revenue.

(L. 1982 H.B. 1196 § 39, A.L. 1989 H.B. 408, A.L. 1995 H.B. 424, A.L. 2021 S.B. 53 & 60)
Mo. Rev. Stat. § 456.009 — MO Code / Chapter 456 / Section 456.009
456.009 Lessor liable for double amount of deposit so held in trust, when.
Status: in_force

456.009. Lessor liable for double amount of deposit so held in trust, when. — Any person, firm or corporation being a trustee, as provided in section 456.007 , who shall violate any of the provisions thereof, shall pay to the depositor a sum of money double the amount of the deposit or advance payment, which may be recovered in any court of competent jurisdiction, together with a reasonable attorney's fee to be fixed by the court and collected as other costs in the case. Any waiver or attempt to waive the provisions of section 456.007 and this section shall be void.

(RSMo 1939 § 3541, A.L. 2004 H.B. 1511) Prior revision: 1929 § 3151 Transferred 2004; formerly 456.050
Mo. Rev. Stat. § 138.040 — MO Code / Chapter 138 / Section 138.040
138.040 Power to send for persons and papers — quorum.
Status: in_force

138.040. Power to send for persons and papers — quorum. — 1. The county board of equalization shall have power to compel the attendance of witnesses and the production of necessary papers and records in relation to any appeal before them, and it shall be the duty of the sheriff of the county to execute such process as may be issued to this end.

2. A majority of said board shall constitute a quorum, and a majority of the members present shall determine all matters of appeal or revision.

(RSMo 1939 § 11005, A.L. 1945 p. 1775) Prior revisions: 1929 § 9815; 1919 § 12824; 1909 § 11406
Mo. Rev. Stat. § 211.037 — MO Code / Chapter 211 / Section 211.037
211.037 Nonoffending parent, child returned to custody of, when.
Status: in_force

211.037. Nonoffending parent, child returned to custody of, when. — 1. For purposes of proceedings and investigations conducted pursuant to this chapter, children shall be promptly returned to the care and custody of a nonoffending parent entitled to physical custody of the child if:

(1) The parents have continuously maintained joint domicile for a period of at least six months prior to the alleged incident or the parents are maintaining separate households; and

(2) A preponderance of the evidence indicates that only one of the parents is the subject of an investigation of abuse or neglect; and

(3) The nonoffending parent does not have a history of criminal behavior, drug or alcohol abuse, child abuse or child neglect, domestic violence, or stalking within the past five years; and

(4) The parents are maintaining joint domicile and the offending parent is removed from the home voluntarily or involuntarily, or the parents live separately and the child is removed from the home of the offending parent; and

(5) A nonoffending parent requests custody of the child and agrees to cooperate with any orders of the court limiting contact or establishing visitation with the offending parent and the nonoffending parent complies with such orders. When the parents maintain joint domicile or comply with court-ordered visitation, there shall be a rebuttable presumption that the nonoffending parent has not committed any violation of section 568.030 , 568.032 , 568.045 , 568.050 , or 568.060 , or has not engaged in any conduct that would constitute child abuse or neglect under chapter 210 . In order to rebut the presumption there must be a finding of actual harm or endangerment to the child if the child is placed in the custody of the nonoffending parent.

2. Nothing in this section shall prevent the division or the court from exercising its discretion to return a child or children to the custody of any individual.

(L. 2004 H.B. 1453 § 1, A.L. 2005 H.B. 568)