FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 41.1012 — MO Code / Chapter 41 / Section 41.1012
41.1012 Office of military advocate established, purpose — advocate appointment — ...
Status: in_force

41.1012. Office of military advocate established, purpose — advocate appointment — department to provide administrative support. — 1. There is hereby established in the Missouri department of economic development the "Office of Military Advocate", for the purpose of advocating for the military services and military bases in Missouri, creating a long-term plan on military sustainability, and helping to fulfill the statutory mission of the Missouri military preparedness and enhancement commission. The military advocate shall report directly to the director of the department of economic development and will provide support and coordination to the Missouri military preparedness and enhancement commission.

2. The office shall be administered by the military advocate who shall be appointed by the governor with the advice and consent of the senate. The military advocate shall hold office for a term of six years and shall continue to hold the office until a successor has been duly appointed. The department of economic development shall provide administrative support and staff as deemed necessary to assist the military advocate and to fulfill the statutory mission of the Missouri military preparedness and enhancement commission.

(L. 2015 H.B. 1070)
Mo. Rev. Stat. § 566.145 — MO Code / Chapter 566 / Section 566.145
566.145 Sexual conduct in the course of public duty, offense of — definitions — ...
Status: in_force

566.145. Sexual conduct in the course of public duty, offense of — definitions — violation, penalty — consent not a defense. — 1. A person commits the offense of sexual conduct in the course of public duty if the person engages in sexual conduct:

(1) With a detainee, a prisoner, or an offender and the person:

(a) Is an employee of, or assigned to work in, any jail, prison or correctional facility and engages in sexual conduct with a prisoner or an offender who is confined in a jail, prison, or correctional facility;

(b) Is a probation and parole officer and engages in sexual conduct with an offender who is under the direct supervision of the officer; or

(c) Is a law enforcement officer and engages in sexual conduct with a detainee or prisoner who is in the custody of such officer; or

(2) With someone who is not a detainee, a prisoner, or an offender and the person is:

(a) A probation and parole officer, a police officer, or an employee of, or assigned to work in, any jail, prison, or correctional facility;

(b) On duty; and

(c) The offense was committed by means of coercion as defined in section 566.200 .

2. For the purposes of this section the following terms shall mean:

(1) "Detainee" , a person deprived of liberty and kept under involuntary restraint, confinement, or custody;

(2) "Offender" , includes any person in the custody of a prison or correctional facility and any person who is under the supervision of the division of probation and parole;

(3) "Prisoner" , includes any person who is in the custody of a jail, whether pretrial or after disposition of a charge.

3. The offense of sexual conduct in the course of public duty is a class E felony.

4. Consent of a detainee, a prisoner, an offender, or any other person is not a defense.

(L. 2002 S.B. 969, et al., A.L. 2006 H.B. 1698, et al., A.L. 2009 H.B. 747, A.L. 2014 S.B. 491, A.L. 2021 S.B. 26 merged with S.B. 53 & 60)
Mo. Rev. Stat. § 546.680 — MO Code / Chapter 546 / Section 546.680
546.680 Capital cases, duty of court.
Status: in_force

546.680. Capital cases, duty of court. — When judgment of death is rendered by any court of competent jurisdiction, a warrant signed by the judge and attested by the clerk under the seal of the court must be drawn and delivered to the sheriff. It must state the conviction and judgment and appoint a day on which the judgment must be executed, which must not be less than thirty nor more than sixty days from the date of judgment, and must direct the sheriff to deliver the defendant, at a time specified in said order, not more than ten days from the date of judgment, to the chief administrative officer of a correctional facility of the department of corrections, for execution.

(RSMo 1939 § 4108, A.L. 1988 H.B. 1340 & 1348) Prior revisions: 1929 § 3719; 1919 § 4063; 1909 § 5269
Mo. Rev. Stat. § 77.190 — MO Code / Chapter 77 / Section 77.190
77.190 May purchase fire-fighting equipment.
Status: in_force

77.190. May purchase fire-fighting equipment. — The council may also purchase fire engines, hook and ladder outfits, hose and hose carts, buckets and all other apparatus useful in the extinguishing of fires, and organize fire companies, and prescribe rules of duty for the government thereof, with such penalties for the violation thereof as they may deem proper, not exceeding one hundred dollars, and to make all necessary expenditures for the purchase of such fire apparatus and the payment of such fire companies.

(RSMo 1939 § 6950) Prior revisions: 1929 § 6804; 1919 § 8291; 1909 § 9228 CROSS REFERENCE: Information to be filed annually with state fire marshal, 320.271
Mo. Rev. Stat. § 173.091 — MO Code / Chapter 173 / Section 173.091
173.091 Senior citizens' tuition exemption, qualifications, limitations, fee.
Status: in_force

173.091. Senior citizens' tuition exemption, qualifications, limitations, fee. — 1. Any Missouri resident who is at least sixty-five years of age on or before August first of a school year and who possesses the qualifications set forth in this section shall be awarded a scholarship to a state educational institution, as the term is defined in section 176.010 , of the person's choice. Such scholarship shall consist of an exemption from tuition at the institution attended. Persons seeking a scholarship pursuant to this section shall provide documentation of age to the institution attended and shall satisfy all other necessary entrance requirements of the school of their choice in order to be eligible to receive a scholarship.

2. Certification and eligibility for the tuition benefits provided under this section, including satisfaction of applicable entrance requirements, shall be determined by the chosen educational institution.

3. Each state educational institution shall determine the number of students who may receive the tuition benefit based on available class space after tuition-paying students have enrolled. No institution shall be required to provide tuition benefits to any person if the institution is already providing tuition benefits to at least as many students as the number of students established pursuant to this subsection.

4. If a recipient of a scholarship pursuant to this section is found no longer eligible for tuition benefits under this section by the institution while enrolled in a course of study, the scholarship shall be terminated on the date the member is found no longer eligible for tuition benefits.

5. A person receiving a scholarship pursuant to this section shall take all tuition-free courses on a noncredit basis and shall satisfy all course prerequisites of the institution.

6. An institution may charge a registration fee, not to exceed twenty-five dollars per semester, from any person receiving a scholarship at that institution pursuant to this section.

(L. 1998 H.B. 1694) Transferred 2000; formerly 173.241
Mo. Rev. Stat. § 57.530 — MO Code / Chapter 57 / Section 57.530
57.530 Appointment of deputies and fixing compensation, limits.
Status: in_force

57.530. Appointment of deputies and fixing compensation, limits. — The sheriff of the City of St. Louis shall, with the approval of a majority of the circuit judges of the circuit court of said city, appoint as many deputies and assistants as may be necessary to perform the duties of his office, and fix the compensation for their services, which compensation, however, shall not in any case exceed the annual rate of compensation fixed by the board of aldermen of the City of St. Louis therefor. The annual compensation for sheriff's deputies shall be no less than fifty thousand dollars per year.

(RSMo 1939 § 15673, A.L. 1978 H.B. 1634, A.L. 2025 H.B. 225) Prior revision: 1929 § 14725
Mo. Rev. Stat. § 242.410 — MO Code / Chapter 242 / Section 242.410
242.410 Board may remove any officer or employee.
Status: in_force

242.410. Board may remove any officer or employee. — The board of supervisors may at any time remove any officer, attorney or other employee appointed or employed by said board.

(RSMo 1939 § 12375) Prior revisions: 1929 § 10794; 1919 § 4424; 1909 § 5528
Mo. Rev. Stat. § 192.450 — MO Code / Chapter 192 / Section 192.450
192.450 Department to order abatement of violations — agents may inspect — data ...
Status: in_force

192.450. Department to order abatement of violations — agents may inspect — data confidential. — 1. Whenever the department of health and senior services finds, upon inspection and examination of a source of radiation as constructed, operated or maintained, that there is a violation of any of the provisions of sections 192.400 to 192.490 or of any of the rules or regulations promulgated under these sections, the department shall notify the person found to be causing, allowing or permitting the violation of the nature of the violation and order that prior to a time fixed by the department, which time shall not be later than thirty days from the date of service of the notice, the person shall cease and abate causing, allowing or permitting the violation and to take such action as is necessary to comply with sections 192.400 to 192.490 and the rules or regulations promulgated under these sections.

2. Agents of the department of health and senior services charged with the enforcement of the provisions of sections 192.400 to 192.490 have the right of entry and free access at reasonable times to any building or structure for the purposes of inspection and examination.

3. All data obtained as a result of registration, inspection or investigation shall be kept confidential by the department.

(L. 1963 p. 359 § 6)
Mo. Rev. Stat. § 475.440 — MO Code / Chapter 475 / Section 475.440
475.440 Investment of funds.
Status: in_force

475.440. Investment of funds. — Every guardian shall invest the surplus funds of his ward's estate in such securities or property as authorized under the laws of this state but only upon prior order of the court; except that the funds may be invested, without prior court authorization, in direct unconditional interest-bearing obligations of this state or of the United States and in obligations the interest and principal of which are unconditionally guaranteed by the United States. A signed duplicate or certified copy of the petition for authority to invest shall be furnished the proper office of the Veterans Administration, and notice of hearing thereon shall be given said office as provided in the case of hearing on a guardian's account.

(L. 1947 V. I p. 4 § 13)
Mo. Rev. Stat. § 77.105 — MO Code / Chapter 77 / Section 77.105
77.105 Budget and expenditures, approval by ordinance, motion, or resolution required.
Status: in_force

77.105. Budget and expenditures, approval by ordinance, motion, or resolution required. — The budget or any authorization to expend funds shall be approved by an ordinance, motion, or resolution that is approved by a majority of all the members elected to the governing body.

(L. 2008 H.B. 1804)
Mo. Rev. Stat. § 338.140 — MO Code / Chapter 338 / Section 338.140
338.140 Board of pharmacy, powers, duties — advisory committee, appointment, duties ...
Status: in_force

338.140. Board of pharmacy, powers, duties — advisory committee, appointment, duties — letters of reprimand, censure or warning. — 1. The board of pharmacy shall have a common seal, and shall have power to adopt such rules and bylaws not inconsistent with law as may be necessary for the regulation of its proceedings and for the discharge of the duties imposed pursuant to sections 338.010 to 338.198 , and shall have power to employ an attorney to conduct prosecutions or to assist in the conduct of prosecutions pursuant to sections 338.010 to 338.198 .

2. The board shall keep a record of its proceedings.

3. The board of pharmacy shall make annually to the governor and, upon written request, to persons licensed pursuant to the provisions of this chapter a written report of its proceedings.

4. The board of pharmacy shall appoint an advisory committee composed of six members, one of whom shall be a representative of pharmacy but who shall not be a member of the pharmacy board, three of whom shall be representatives of wholesale drug distributors as defined in section 338.330 , one of whom shall be a representative of drug manufacturers, and one of whom shall be a licensed veterinarian recommended to the board of pharmacy by the board of veterinary medicine. The committee shall review and make recommendations to the board on the merit of all rules and regulations dealing with pharmacy distributors, wholesale drug distributors, drug manufacturers, and veterinary legend drugs which are proposed by the board.

5. A majority of the board shall constitute a quorum for the transaction of business.

6. Notwithstanding any other provisions of law to the contrary, the board may issue letters of reprimand, censure or warning to any holder of a license or registration required pursuant to this chapter for any violations that could result in disciplinary action as defined in section 338.055 . Alternatively, at the discretion of the board, the board may enter into a voluntary compliance agreement with a licensee, permit holder, or registrant to ensure or promote compliance with this chapter and the rules of the board, in lieu of board discipline. The agreement shall be a public record. The time limitation identified in section 324.043 for commencing a disciplinary proceeding shall be tolled while an agreement authorized by this section is in effect.

(RSMo 1939 § 10012, A.L. 1981 S.B. 16, A.L. 1989 S.B. 39, A.L. 1997 S.B. 141, A.L. 2011 H.B. 412 merged with S.B. 325, A.L. 2019 S.B. 514) Prior revisions: 1929 § 13148; 1919 § 4720; 1909 § 5772
Mo. Rev. Stat. § 304.125 — MO Code / Chapter 304 / Section 304.125
304.125 Traffic violation citation quota prohibited--exception.
Status: in_force

304.125. Traffic violation citation quota prohibited--exception. — No political subdivision or law enforcement agency shall have a policy requiring or encouraging an employee to issue a certain number of citations for traffic violations on a daily, weekly, monthly, quarterly, yearly, or other quota basis. This section shall not apply to the issuance of warning citations.

(L. 2016 S.B. 765)
Mo. Rev. Stat. § 544.500 — MO Code / Chapter 544 / Section 544.500
544.500 Recognizance, disposition of.
Status: in_force

544.500. Recognizance, disposition of. — Whenever any prisoner is released as provided in section 544.455 by any court, it shall be the duty of the clerk of the court by which the prisoner was released immediately to transmit a record of the release together with any conditions imposed to the clerk of the court in which the party released is required to appear.

(RSMo 1939 § 3886, A.L. 1972 H.B. 1160) Prior revisions: 1929 § 3496; 1919 § 3841; 1909 § 5049
Mo. Rev. Stat. § 456.1040 — MO Code / Chapter 456 / Section 456.1040
456.1040 Appointment to deceased appointee or permissible appointee's descendant.
Status: in_force

456.1040. Appointment to deceased appointee or permissible appointee's descendant. — 1. An appointment to a deceased appointee is ineffective.

2. A powerholder of a nongeneral power may exercise the power in favor of, or create a new power of appointment in, a descendant of a deceased permissible appointee whether or not the descendant is described by the donor as a permissible appointee and whether or not the descendant of a deceased permissible appointee was alive at the time of the execution of the instrument creating the power or at the time of the exercise of the power.

(L. 2016 H.B. 1765)
Mo. Rev. Stat. § 115.551 — MO Code / Chapter 115 / Section 115.551
115.551 Appeal, how taken.
Status: in_force

115.551. Appeal, how taken. — Either party to the contest may appeal the judgment of the circuit court to the court of appeals of the appropriate jurisdiction, who shall give the case preference in the order of hearing to all other cases, modify its rules to the extent necessary in order to conclude the appeal as many days prior to the general election as possible and hear the case in the manner of appeals of cases in equity. The practice and procedure prescribed in civil actions shall be followed in all respects not inconsistent with the provisions of sections 115.527 to 115.551 . In every case of such appeal, a bond with sufficient sureties conditioned for the payment of the costs accrued and to accrue in the cause may be required by any court in which the case is * pending.

(L. 1977 H.B. 101 § 13.060) Effective 1-01-78 *Word "in" appears in original rolls. (1979) There is no doubt the legislature in the comprehensive Election Act intended primary election contests to be fully decided prior to the general election. Edwards v. Kelly (A.), 578 S.W.2d 357. (1980) Legislative intent in Election Act was that primary election contests be fully decided prior to general election. Black v. Bockenkamp (A.), 607 S.W.2d 176.
Mo. Rev. Stat. § 91.100 — MO Code / Chapter 91 / Section 91.100
91.100 May contract to supply.
Status: in_force

91.100. May contract to supply. — Any such city which shall erect or acquire a system of waterworks under sections 91.090 to 91.300 may, and is hereby authorized and empowered to, supply water from its waterworks to persons and private corporations for use in or beyond the corporate limits of the city, and to enter into any such contracts therefor, upon such terms and under such rules and regulations as may be agreed upon by the contracting parties.

(RSMo 1939 § 7807) Prior revisions: 1929 § 7662; 1919 § 9100; 1909 § 9925
Mo. Rev. Stat. § 196.510 — MO Code / Chapter 196 / Section 196.510
196.510 Operator to have lien on property for rentals — furnish content insurance.
Status: in_force

196.510. Operator to have lien on property for rentals — furnish content insurance. — 1. Every operator shall have a lien upon all property of every kind stored in the locker plant for all locker rentals, processing, handling, and other charges due from owner of such property; and the locker plant operator may enforce the lien by suit and shall have authority to prevent removal of food stored pending the outcome of suit to enforce said lien. Operators of locker plants shall not be construed to be warehousemen, nor shall receipts or other instruments issued by such persons in the operation contracts of their business be construed to be warehouse receipts or subject to the laws applicable thereto, nor shall the provisions of sections 196.450 to 196.515 apply to any warehouseman licensed under the provisions of chapter 415 .

2. The operators of all locker plants shall furnish satisfactory locker content insurance to indemnify users against loss, issued by companies duly authorized and licensed to do and transact business in the state of Missouri, in a minimum amount for each locker or locker plant to be determined by the director; provided, however, that such operator may, and is hereby authorized to, collect the pro rata amount of the premium for such insurance from the user in addition to the locker rental as an additional service.

(L. 1945 p. 940 § 14) (1964) Renters of locker space could not maintain class action of all renters for value of food spoiled when refrigeration system failed where plaintiffs did not introduce the alleged policy whose proceeds were claimed to constitute a common fund, or plead or prove its terms and conditions, and where insurance company was not a party and denied liability on the policy. (Opinion in Barnard v. Murphy, 365 S.W.2d 614, reconsidered and withdrawn.) Barnard v. Murphy (Mo.), 378 S.W.2d 446.
Mo. Rev. Stat. § 525.300 — MO Code / Chapter 525 / Section 525.300
525.300 Wages earned out of state exempt — exception.
Status: in_force

525.300. Wages earned out of state exempt — exception. — Wages earned out of this state, and payable out of this state, shall be exempt from garnishment in aid of attachment in all cases where the cause of action arose or accrued out of this state, unless the defendant in the attachment suit is personally served with process; and if the writ of attachment is not personally served on the defendant, the court issuing the writ of attachment shall not entertain jurisdiction of the cause, but shall dismiss the suit at the cost of plaintiff. In all actions commenced in this state in which it is sought to garnish wages in aid of attachment, the petition or statement filed in such cause and the writ of attachment shall affirmatively show the place where the defendant resides and the place where the debt is contracted and the cause of action arose.

(RSMo 1939 § 1589, A.L. 1945 p. 652) Prior revisions: 1929 § 1425; 1919 § 1875
Mo. Rev. Stat. § 610.015 — MO Code / Chapter 610 / Section 610.015
610.015 Votes, how taken.
Status: in_force

*610.015. Votes, how taken. — Except as provided in section 610.021 , rules authorized pursuant to Article III of the Missouri Constitution and as otherwise provided by law, all votes shall be recorded, and if a roll call is taken, as to attribute each "yea" and "nay" vote, or abstinence if not voting, to the name of the individual member of the public governmental body. Any votes taken during a closed meeting shall be taken by roll call. All public meetings shall be open to the public and public votes and public records shall be open to the public for inspection and duplication. All votes taken by roll call in meetings of a public governmental body consisting of members who are all elected, except for the Missouri general assembly and any committee established by a public governmental body, shall be cast by members of the public governmental body who are physically present and in attendance at the meeting or who are participating via videoconferencing. When it is necessary to take votes by roll call in a meeting of the public governmental body, due to an emergency of the public body, with a quorum of the members of the public body physically present and in attendance and less than a quorum of the members of the public governmental body participating via telephone, facsimile, internet, or any other voice or electronic means, the nature of the emergency of the public body justifying that departure from the normal requirements shall be stated in the minutes. Where such emergency exists, the votes taken shall be regarded as if all members were physically present and in attendance at the meeting.

(L. 1973 S.B. 1 § 2, A.L. 1987 S.B. 2, A.L. 1993 H.B. 170, A.L. 1998 H.B. 1095, A.L. 2004 S.B. 1020, et al., A.L. 2013 S.B. 170) *Effective 10-11-13, see § 21.250. S.B. 170 was vetoed July 2, 2013. The veto was overridden on September 11, 2013.
Mo. Rev. Stat. § 71.367 — MO Code / Chapter 71 / Section 71.367
71.367 Deviations authorized, when.
Status: in_force

71.367. Deviations authorized, when. — Deviations from the standards set forth in section 71.365 may be permitted where conformance to such standards is impractical or physically impossible and where the method, material and dimension used in lieu thereof does not create a hazard. Such deviations must first be submitted to the governing body of the municipality for approval or rejection.

(L. 1975 S.B. 217 § 2)