FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 177.051 — MO Code / Chapter 177 / Section 177.051
177.051 Conveyance of property to public institution of higher education.
Status: in_force

177.051. Conveyance of property to public institution of higher education. — If there is within any school district any school property that is not required for the use of the school district and the property could be used for purposes of offering education beyond grade twelve by a public institution of higher education, the school board may lease or convey the property to the public institution, and the proceeds derived from a conveyance shall be placed to the credit of the incidental fund of the district.

(L. 1963 p. 200 § 12-5 and p. 348 § 1, A.L. 1993 S.B. 380) (Source: L. 1961 p. 357 § 14)
Mo. Rev. Stat. § 42.110 — MO Code / Chapter 42 / Section 42.110
42.110 Residents of homes to pay for care, when — amount of payment, how determined.
Status: in_force

42.110. Residents of homes to pay for care, when — amount of payment, how determined. — Each resident of Missouri veterans' homes who has a regular source of income or other financial means shall make monthly payments by the tenth of each month to defray, or partially defray, the cost of maintaining residence at the home. The amount to be paid shall be determined by the executive director with the approval of the commission, who, in making the determination, shall take into consideration the income or other financial means of the resident, and the cost of the care provided. No charge to any resident shall be more than the averaged cost of the care provided.

(L. 1977 H.B. 478 § 4, A.L. 1985 H.B. 140, A.L. 1989 H.B. 850)
Mo. Rev. Stat. § 513.055 — MO Code / Chapter 513 / Section 513.055
513.055 Employees and laborers preferred creditors.
Status: in_force

513.055. Employees and laborers preferred creditors. — 1. Hereafter when the property of any company, corporation, firm or person shall be seized upon by any process of any court of this state, or when their business shall be suspended by the action of creditors, or be put into the hands of a receiver or trustee, then in all such cases the debts owing to laborers or servants, which have accrued by reason of their labor or employment, to an amount not exceeding one hundred dollars to each employee, for work or labor performed within six months next preceding the seizure or transfer of such property, shall be considered and treated as preferred debts, and such laborers or employees shall be preferred creditors, and shall be first paid in full; and if there be not sufficient to pay them in full, then the same shall be paid to them pro rata, after paying costs.

2. Any such laborer or servant desiring to enforce his or her claim for wages under this section shall present a statement under oath showing the amount due after allowing all just credits and setoffs, the kind of work for which such wages are due, and when performed, to the officer, person or court charged with such property, within ten days after the seizure thereof on any execution or writ of attachment, or within thirty days after the same may have been placed in the hands of any receiver or trustee; and thereupon it shall be the duty of the person or court receiving such statement to pay the amount of such claim or claims to the person or persons entitled thereto, after first paying all costs occasioned by the seizure of such property, out of the proceeds of the sale of the property seized; provided, that any person interested may contest any such claim or claims, or any part thereof, by filing exceptions thereto, supported by affidavit, with the officer having the custody of such property; and thereupon the claimant shall be required to reduce his claim to judgment before some court having jurisdiction thereof before any part thereof shall be paid.

(RSMo 1939 § 1332) Prior revisions: 1929 § 1168; 1919 § 1619; 1909 § 2188
Mo. Rev. Stat. § 528.705 — MO Code / Chapter 528 / Section 528.705
528.705 Applicability to partition actions.
Status: in_force

528.705. Applicability to partition actions. — 1. Sections 528.700 to 528.750 shall apply to partition actions filed on or after August 28, 2019.

2. In an action to partition real property under this chapter, the court shall determine whether the property is heirs' property. If the court determines that the property is heirs' property, the property shall be partitioned under sections 528.700 to 528.750 unless all of the cotenants otherwise agree in a record.

3. Sections 528.700 to 528.750 shall supplement sections 528.010 to 528.640 and Missouri supreme court rule 96.

(L. 2019 S.B. 83)
Mo. Rev. Stat. § 453.160 — MO Code / Chapter 453 / Section 453.160
453.160 Validity of decree under any prior act not subject to attack for ...
Status: in_force

453.160. Validity of decree under any prior act not subject to attack for irregularities after expiration of one year — revocation of consent. — 1. After the expiration of one year from the date this chapter shall become effective, the validity of any decree of adoption pursuant to any prior law shall not be subject to attack in any proceedings, collateral or direct, by reason of any irregularity in proceedings had pursuant to such prior law.

2. Any consent required for an adoption may only be revoked within one year of the date of such consent for fraud or duress.

(L. 1947 V. II p. 213 § 9616d, A.L. 1998 S.B. 674)
Mo. Rev. Stat. § 66.710 — MO Code / Chapter 66 / Section 66.710
66.710 Amendments to the county constitution, procedure, effective when.
Status: in_force

66.710. Amendments to the county constitution, procedure, effective when. — All amendments to such county constitution shall be approved by the voters and shall become part of the county constitution at the time and under the conditions fixed in the amendments.

(L. 1993 H.B. 551 & 552 § 2 subsec. 7 merged with S.B. 67 § 10 subsec. 7 merged with S.B. 88 § 1 subsec. 7)
Mo. Rev. Stat. § 267.723 — MO Code / Chapter 267 / Section 267.723
267.723 Rules and regulations.
Status: in_force

267.723. Rules and regulations. — The department is empowered to make and promulgate all reasonable rules and regulations necessary for the eradication of scabies in sheep, goats and cattle and to effectively carry out the provisions of sections 267.670 to 267.730 , pursuant to the provisions of section 267.122 and chapter 536 .

(L. 1961 p. 26 § 17, A.L. 1965 p. 95, A.L. 1993 S.B. 52)
Mo. Rev. Stat. § 529.020 — MO Code / Chapter 529 / Section 529.020
529.020 Person suing out writ to plead to return.
Status: in_force

529.020. Person suing out writ to plead to return. — When any writ of mandamus shall be issued, and return shall be made thereto, the person suing out or prosecuting such writ shall plead to or traverse all or any of the material facts contained in such return.

(RSMo 1939 § 1697) Prior revisions: 1929 § 1533; 1919 § 1983; 1909 § 2547
Mo. Rev. Stat. § 376.915 — MO Code / Chapter 376 / Section 376.915
376.915 Application for certificate, content — renewal, content, filed when — ...
Status: in_force

376.915. Application for certificate, content — renewal, content, filed when — extensions, fee. — 1. A provider shall file an application for a certificate of authority on a form prescribed by the department, and the application shall be accompanied by the annual statement and other matters as provided in this section. Thereafter, within ninety days of the end of its fiscal year, such provider shall file an annual statement along with an application for renewal of its certificate of authority unless such time shall be extended with the written consent of the department. If the department does not receive the required information within ninety days of the end of the provider's fiscal year, or within an approved time extension, a late fee shall be charged in an amount equal to fifty percent of the renewal fee in effect on the last preceding regular renewal date.

2. The annual statement shall be accompanied by a narrative describing any material differences between the pro forma income statements filed in response to section 376.920 as a part of the most immediately preceding application for a certificate of authority or annual statement and the actual results of operations during the fiscal year together with the revised pro forma income statements being filed as a part of the current annual statement.

3. When an applicant has more than one facility offering continuing care, a separate application for a certificate of authority shall be made for each facility.

4. The application for a certificate of authority shall be signed under oath by the chief executive officer of the applicant.

5. Copies of the escrow agreements executed with an escrow agent pursuant to sections 376.940 and 376.945 shall be recorded as exhibits to the application for a certificate of authority.

(L. 1981 S.B. 84 § 4, subsecs. 1 to 6)
Mo. Rev. Stat. § 321.707 — MO Code / Chapter 321 / Section 321.707
321.707 Petition for recall, content.
Status: in_force

321.707. Petition for recall, content. — Before any signature may be affixed to a recall petition, the petition must bear all of the following:

(1) A request that an election be called to elect a successor to the board member;

(2) A copy of the notice of intention, including the statement of grounds for recall;

(3) The answer of the board member sought to be recalled, if any. If the board member has not answered, the petition shall so state;

(4) A place for each signer to affix his or her signature, printed name and residence address including city or unincorporated community.

(L. 1995 H.B. 452, et al. merged with H.B. 484, et al.)
Mo. Rev. Stat. § 435.350 — MO Code / Chapter 435 / Section 435.350
435.350 Validity of arbitration agreement, exceptions.
Status: in_force

435.350. Validity of arbitration agreement, exceptions. — A written agreement to submit any existing controversy to arbitration or a provision in a written contract, except contracts of insurance and contracts of adhesion, to submit to arbitration any controversy thereafter arising between the parties is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity for the revocation of any contract. Contracts which warrant new homes against defects in construction and reinsurance contracts are not "contracts of insurance or contracts of adhesion" for purposes of the arbitration provisions of this section.

(L. 1980 H.B. 1203 § 1, A.L. 1996 H.B. 929) (2000) Section regulates the business of insurance and thus is not preempted by the Federal Arbitration Act due to the provisions of the McCarran-Ferguson Act. Standard Security Life Ins. Co. v. West, 127 F.Supp.2d 1064 (W.D.Mo.); aff'd, 267 F.3d 821 (8th Cir. 2001). (2011) Attempted preemption by the Federal Arbitration Act of section's exclusion of arbitration provisions from insurance contracts is barred by the McCarran-Ferguson Act. Sturgeon v. Allied Professionals Insurance Co., 344 S.W.3d 205 (Mo.App. E.D.).
Mo. Rev. Stat. § 144.270 — MO Code / Chapter 144 / Section 144.270
144.270 Rulemaking authority.
Status: in_force

144.270. Rulemaking authority. — For the purpose of more efficiently securing the payment of and accounting for the tax imposed by this chapter, the director of revenue shall make, promulgate and enforce reasonable rules and regulations for the administration and enforcement of the provisions of this chapter.

(RSMo 1939 § 11413, A.L. 1941 p. 698, A.L. 1943 p. 1012, A.L. 1945 p. 1865, A.L. 1947 V. I p. 553, A.L. 1955 p. 829, A.L. 1961 p. 633, A.L. 2008 H.B. 1828 merged with S.B. 979)
Mo. Rev. Stat. § 182.713 — MO Code / Chapter 182 / Section 182.713
182.713 Bond required for treasurer, librarian and certain other employees.
Status: in_force

182.713. Bond required for treasurer, librarian and certain other employees. — 1. The treasurer, the librarian and other employees as designated by the board of trustees, before entering upon the discharge of their duties as such, shall enter into bond or bonds with a corporate surety to be approved by the board of trustees in such amount as may be fixed by the board of trustees, conditioned that they will render a faithful and just account of all money that comes into their hands, and otherwise perform the duties of their office according to law. The urban public library district shall pay the premium for the bond or bonds from its operating fund. A copy of such bond or bonds shall be filed with the treasurer of the board of trustees and clerk for each county included within the urban public library district. In case of a breach of the conditions of the bond or bonds the board or any taxpayer of the urban public library district may cause suit to be brought thereon. The suit shall be prosecuted in the name of the state of Missouri at the relation of and for use of the urban public library district.

2. The chief executive officer of the district, for and on behalf of the board of trustees, shall keep or cause to be kept financial records and accounts according to generally accepted accounting standards, and shall furnish to the board of trustees or any member thereof the financial records and accounts, or summaries thereof, that the board of trustees or any member thereof may request.

3. On or before the thirty-first day of August of each year, the chief executive officer shall make a report to the board of trustees, stating the condition of the library and its services as of the thirtieth day of June of the preceding fiscal year. This report shall be accompanied by an audit conducted by an independent auditing firm. On or before the thirtieth day of September, the reports shall be submitted to the Missouri state library commission by the board of trustees.

(L. 1988 S.B. 681)
Mo. Rev. Stat. § 532.320 — MO Code / Chapter 532 / Section 532.320
532.320 Answer to return, contents.
Status: in_force

532.320. Answer to return, contents. — The party brought before any court, by virtue of any writ of habeas corpus, may deny the material facts set forth in the return, or allege any fact to show, either that his detention or imprisonment is unlawful, or that he is entitled to his discharge; which allegations or denials shall be on oath.

(RSMo 1939 § 1617, A.L. 1978 H.B. 1634) Prior revisions: 1929 § 1453; 1919 § 1903; 1909 § 2468 Effective 1-02-79
Mo. Rev. Stat. § 442.520 — MO Code / Chapter 442 / Section 442.520
442.520 A future estate, on the death of any person without heirs, how defeated.
Status: in_force

442.520. A future estate, on the death of any person without heirs, how defeated. — A future estate, depending on the contingency of the death of any person without heirs or issue, or children, shall be defeated by the birth of a posthumous child of such person, capable of taking by descent.

(RSMo 1939 § 3503) Prior revisions: 1929 § 3113; 1919 § 2272; 1909 § 2877
Mo. Rev. Stat. § 300.580 — MO Code / Chapter 300 / Section 300.580
300.580 Procedure of police officers.
Status: in_force

300.580. Procedure of police officers. — Except when authorized or directed under state law to immediately take a person before the municipal judge for the violation of any traffic laws, a police officer who halts a person for such violation other than for the purpose of giving him a warning or warning notice and does not take such person into custody under arrest, shall issue to him a uniform traffic ticket which shall be proceeded upon in accordance with supreme court rule no. 37.

(L. 1965 p. 445 § 151, A.L. 1978 H.B. 1634) Effective 1-02-79
Mo. Rev. Stat. § 27.050 — MO Code / Chapter 27 / Section 27.050
27.050 To appear in supreme court and court of appeals, when.
Status: in_force

27.050. To appear in supreme court and court of appeals, when. — The attorney general shall appear on behalf of the state in the court of appeals and in the supreme court and have the management of and represent the state in all appeals to which the state is a party other than misdemeanors and those cases in which the name of the state is used as nominal plaintiff in the trial court.

(RSMo 1939 § 12900, A.L. 1959 H.B. 120, A.L. 1971 H.B. 779) Prior revisions: 1929 § 11275; 1919 § 695; 1909 § 969 Effective 1-01-72
Mo. Rev. Stat. § 486.1130 — MO Code / Chapter 486 / Section 486.1130
486.1130 Registration form, contents — denial of registration, when — ...
Status: in_force

486.1130. Registration form, contents — denial of registration, when — confidentiality of information. — 1. To register the capability to perform remote online notarial acts, a notary shall electronically sign and submit to the secretary an electronic form prescribed by the secretary that includes:

(1) The information required in subsection 1 of section 486.920 ;

(2) The technology that the remote online notary public will use, which shall conform to any rules or adopted by the secretary of state; and

(3) Any other information, evidence, or declaration required by the secretary of state.

2. The secretary shall deny registration to any applicant submitting an electronic registration form that contains a material misstatement or omission of fact.

3. Information in the registration form of an electronic notary public shall be used by the secretary and designated state employees only for the purpose of performing official duties, shall be a closed record as described in chapter 610 , and shall not be disclosed to any person other than:

(1) A government agent acting in an official capacity and duly authorized to obtain such information;

(2) A person authorized by court order; or

(3) The registrant or the registrant's duly authorized agent.

(L. 2020 H.B. 1655)
Mo. Rev. Stat. § 314.200 — MO Code / Chapter 314 / Section 314.200
314.200 Denial of license for criminal conviction, prohibited when, effect.
Status: in_force

314.200. Denial of license for criminal conviction, prohibited when, effect. — No board or other agency created pursuant to laws of the state of Missouri, or by any city, county or other political subdivision of the state, for the purpose of licensing applicants for occupations and professions may deny a license to an applicant primarily upon the basis that a felony or misdemeanor conviction of the applicant precludes the applicant from demonstrating good moral character, where the conviction resulted in the applicant's incarceration and the applicant has been released by pardon, parole or otherwise from such incarceration, or resulted in the applicant being placed on probation and there is no evidence the applicant has violated the conditions of his probation. The board or other agency may consider the conviction as some evidence of an absence of good moral character, but shall also consider the nature of the crime committed in relation to the license which the applicant seeks, the date of the conviction, the conduct of the applicant since the date of the conviction and other evidence as to the applicant's character.

(L. 1981 S.B. 125 § 1)
Mo. Rev. Stat. § 304.014 — MO Code / Chapter 304 / Section 304.014
304.014 Rules of the road to be observed.
Status: in_force

304.014. Rules of the road to be observed. — Every person operating or driving a vehicle upon the highways of this state shall observe and comply with the following rules of the road.

(L. 1953 p. 587 § 304.020) (1951) Instruction authorizing recovery on finding defendant negligently failed to stop his vehicle at intersection held erroneous because it does not require finding that defendant had reason to apprehend danger of collision. Lillard v. Bradford, 241 (A.), 243 S.W.2d 359. (1952) Where vehicle was operated on icy pavement in the lane adjacent to center line of six lane street and collided with vehicle making left turn in front of it from extreme right-hand lane, negligence of operator was for jury. Wines v. Goodyear Tire & Rubber Co. (A.), 246 S.W.2d 525. (1952) Requirement to operate vehicles as close to the right-hand side of the highway as practicable does not receive literal construction, but has reference to the attending circumstances and to the usable or passable way. Moss v. Stevens (Mo.), 247 S.W.2d 782. (1953) Where, on conflicting evidence, court found that plaintiff began passing operation and reasonably expected to complete it before reaching intersection, it was not error to refuse instruction requiring finding for defendant on theory plaintiff was attempting to pass at intersection in violation of this section. Cockrill v. Buchanan (A.), 259 S.W.2d 696. (1953) Where there was pile of loose chat on black top highway at intersection, question of negligence where driver, in making left turn, failed to "run beyond the center of the intersection ..... before turning ....." as required by subsection 6 of § 304.020 (prior to its repeal in 1953) held for jury. Lix v. Gastian (A.), 261 S.W.2d 497. (1954) Fact that plaintiff drove his car in the one lane usable part of county road does not convict him of negligence as a matter of law, because he was not on right side of highway at time of collision at intersection. Hadley v. Smith (A.), 268 S.W.2d 444.
Mo. Rev. Stat. § 375.1082 — MO Code / Chapter 375 / Section 375.1082
375.1082 Type of insurance allowed — annual statement, form — requirements for ...
Status: in_force

375.1082. Type of insurance allowed — annual statement, form — requirements for charter, contents of application. — 1. A risk retention group shall be chartered and licensed to write only liability insurance pursuant to sections 375.1080 to 375.1105 and, except as provided elsewhere in sections 375.1080 to 375.1105 , shall comply with all of the laws, rules, regulations and requirements applicable to such insurers chartered and licensed in this state and with section 375.1085 to the extent such requirements are not a limitation on laws, rules, regulations or requirements of this state. Notwithstanding any other provision to the contrary, all risk retention groups chartered in this state shall file with the department and the National Association of Insurance Commissioners an annual statement in a form prescribed by the National Association of Insurance Commissioners, and in disketted form if required by the director, and completed in accordance with its instructions and the National Association of Insurance Commissioners Accounting Practices and Procedures Manual.

2. Before it may offer insurance in any state, each risk retention group shall also submit for approval to the director a plan of operation or feasibility study. The risk retention group shall submit an appropriate revision in the event of any subsequent material change in any item of the plan of operation or feasibility study, within ten days of any such change. The group shall not offer any additional kinds of liability insurance, in this state or in any other state, until a revision of such plan or study is approved by the director.

3. At the time of filing its application for charter, the risk retention group shall provide to the director in summary form the following information: the identity of the initial members of the group, the identity of those individuals who organized the group or who will provide administrative services or otherwise influence or control the activities of the group, the amount and nature of initial capitalization, the coverages to be afforded, and the states in which the group intends to operate. Upon receipt of this information, the director shall forward such information to the National Association of Insurance Commissioners. Providing notification to the National Association of Insurance Commissioners is in addition to and shall not be sufficient to satisfy the requirements of sections 375.1080 to 375.1105 .

(L. 1991 H.B. 385, et al. § 26, A.L. 1992 H.B. 1574)