FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 339.160 — MO Code / Chapter 339 / Section 339.160
339.160 Real estate brokers and salespersons may not bring legal action for ...
Status: in_force

339.160. Real estate brokers and salespersons may not bring legal action for compensation unless licensed. — No person, partnership, limited partnership, limited liability company, professional corporations, corporation or association engaged within this state in the business or acting in the capacity of a real estate broker, real estate broker-salesperson or real estate salesperson shall bring or maintain an action in any court in this state for the recovery of compensation for services rendered in the buying, selling, exchanging, leasing, renting or negotiating a loan upon any real estate without alleging and proving that such person, partnership, limited partnership, limited liability company, professional corporation, corporation or association, or its member, manager, officer, general partner or associate, as applicable, was a licensed real estate broker, broker-salesperson or salesperson at the time when the alleged cause of action arose.

(L. 1941 p. 424 § 16, A.L. 1993 S.B. 18, A.L. 2004 H.B. 985, A.L. 2010 H.B. 1692, et al. merged with S.B. 754) (1959) Contract to sell earth to be removed from land did not involve title or interest in land and was therefore not subject to this law. Law v. Taylor (A.), 330 S.W.2d 170. (1967) Purpose of legislature in closing courts to unlicensed brokers was to establish strong policy so that neither a contract nor lawful efforts could provide pecuniary benefits to such broker. Miller Nationwide Real Estate Corporation v. Sikeston Motel Corporation (Mo.), 418 S.W.2d 173. (1971) In action by plaintiff's real estate association to recover a commission trial court properly overruled defendant's motion for judgment and sustained its motion for new trial only on issue as to whether plaintiff was licensed since although plaintiff failed to allege and prove plaintiff was licensed real estate broker, there was evidence in the record from which it could be inferred that plaintiff would be able to present essential evidence that it was licensed. Reed Schmidt and Assoc. v. Carafoil Furniture Co. (A.), 469 S.W.2d 876. (1977) Held that a person who neither advertised nor held himself out as a real estate broker or salesman was entitled to payment under an agreement between himself and a real estate company whereby he was to receive payment for bringing buyer to real estate company. White v. Miriam Realty Co. (A.), 547 S.W.2d 184.
Mo. Rev. Stat. § 311.140 — MO Code / Chapter 311 / Section 311.140
311.140 Result of election — favorable vote.
Status: in_force

311.140. Result of election — favorable vote. — If a majority of the votes cast on the question be for the sale of intoxicating liquor, containing alcohol in excess of five percent by weight, by the drink at retail for consumption on the premises where sold, such intoxicating liquors may be sold under the provisions of existing laws regulating the sale thereof and the procuring of a license for that purpose; and if a majority of the votes cast on the question be against the sale of intoxicating liquor, containing alcohol in excess of five percent by weight, by the drink at retail for consumption on the premises where sold, the board of aldermen, city council or other proper authorities of such incorporated city submitting the question shall publish the result once a week for four consecutive weeks in the same newspaper in which the notice of submission of the question was published, and the provisions of this chapter shall take effect and be in force from and after the date of the last insertion of the publication last above referred to; and provided further, that no license to sell intoxicating liquor, by the drink at retail for consumption on the premises where sold, other than malt liquor containing not to exceed five percent of alcohol by weight, shall be granted during the time of publication last above mentioned; provided further, that this law shall not be construed to interfere with any license issued before the date of the filing of the petition for the submission of the question, but such license may run until the date of its expiration and shall not be renewed. The election in this chapter provided for, and the result thereof, may be contested in the same manner as is now provided for by law for the contest of elections of county officers in this state, by any voter of such incorporated city in which said election shall be held, by an action to contest, and which shall be brought against the city holding such election.

(RSMo 1939 § 4938, A.L. 1978 H.B. 971)
Mo. Rev. Stat. § 221.270 — MO Code / Chapter 221 / Section 221.270
221.270 Jailer to receive and keep United States prisoners.
Status: in_force

221.270. Jailer to receive and keep United States prisoners. — It shall be the duty of the keeper of the jail in every county within this state to receive into his custody any prisoner or prisoners who may be from time to time committed to his charge, under authority of the United States, and to safely keep every such prisoner or prisoners, according to the warrant or receipt of such commitment, until he or they shall be discharged by due course of law of the United States.

(RSMo 1939 § 9207) Prior revisions: 1929 § 8538; 1919 § 12563; 1909 § 1585
Mo. Rev. Stat. § 65.667 — MO Code / Chapter 65 / Section 65.667
65.667 Regulations of commission, scope, commission may change, how.
Status: in_force

65.667. Regulations of commission, scope, commission may change, how. — The township planning commission may also prepare, adopt, change and amend, as parts of the official master plan or otherwise, sets of regulations governing subdivisions of land in unincorporated areas, and amend or change same from time to time, as provided in sections 65.650 to 65.700 , which regulations may provide for the proper location and width of streets, building lines, open spaces, safety, recreation, and for the avoidance of congestion of population, including minimum width and area of lots. Such regulations may also include the extent to which and the manner in which streets shall be graded and improved, and the extent to which water, sewer and other utility services shall be provided, to protect public health and general welfare. Such regulations may provide that in lieu of the immediate completion or installation of such work, the township planning commission may accept bond for the county commission in the amount and with surety and conditions satisfactory to the county commission, providing for and securing to the county commission the actual construction of such improvements and utilities within a period specified by the township planning commission, and the county commission shall have power to enforce such bond by all proper remedies. Such subdivision regulations shall be adopted, changed or amended, certified and filed as provided in sections 65.650 to 65.700 . Such subdivision regulations shall be adopted, changed or amended only after a public hearing has been held thereon, public notice of which shall be given in the manner as provided for the hearing in sections 65.650 to 65.700 .

(L. 1989 S.B. 11 § 7)
Mo. Rev. Stat. § 193.087 — MO Code / Chapter 193 / Section 193.087
193.087 Voluntary acknowledgment of paternity — forms, contents — immunity for ...
Status: in_force

193.087. Voluntary acknowledgment of paternity — forms, contents — immunity for staff presenting form — training of hospital staff — intentional misidentification of parent, penalty — public assistance recipients, duty to cooperate. — 1. In addition to the requirements of subsection 2 of section 193.085 , when a birth occurs to an unmarried mother, whether in an institution or en route to an institution, the person in charge of the institution or a designated representative shall:

(1) Provide a form or affidavit prescribed by the state registrar that may be completed by the child's mother and father to voluntarily acknowledge paternity of the child pursuant to section 193.215 ;

(2) File the form, when completed, along with the certificate required by this section; and

(3) Provide oral and written notice to the affiant required by section 193.215 .

2. Any institution, the person in charge or a designated representative shall be immune from civil or criminal liability for providing the form or affidavit required by subsection 1 of this section, the information developed pursuant to that subsection, or otherwise fulfilling the duties required by subsection 1 of this section.

3. The family support division may contract with the department of health and senior services to provide assistance and training to the hospital staff assigned responsibility for providing the information, as appropriate, to carry out duties pursuant to this section. The family support division shall develop and distribute free of charge the information on the rights and responsibilities of parents that is required to be distributed pursuant to this section. The department of health and senior services shall provide free of charge to hospitals the acknowledgment of paternity affidavit, and instructions on the completion of the affidavit.

4. If no contract is developed with the department of health and senior services, then the family support division shall provide the assistance and training activities to hospitals pursuant to subsection 3 of this section.

5. Any affiant who intentionally misidentifies another person as a parent may be prosecuted for perjury, pursuant to section 575.040 .

6. Due to lack of cooperation by public assistance recipients, the family support division shall either suspend the entire public assistance cash grant, or remove the needs of the adult recipient of public assistance from the cash grant, subject to good cause exceptions pursuant to federal law or regulations.

(L. 1994 H.B. 1491 & 1134 § 1 merged with H.B. 1547 & 961 § 8 merged with S.B. 508 § 1, A.L. 1997 S.B. 361, A.L. 2005 S.B. 74 & 49)
Mo. Rev. Stat. § 201.090 — MO Code / Chapter 201 / Section 201.090
201.090 Children's special health care needs service fund — state appropriation to ...
Status: in_force

201.090. Children's special health care needs service fund — state appropriation to — surplus and trust funds invested, how. — All revenues, refunds, legal settlements, reimbursements, donations, gifts, grants, or bequests coming to the service from any source whatsoever shall be kept by the administrator in a special fund to be designated as the "Children's Special Health Care Needs Service Fund", which is hereby created in the state treasury, and all expenses of the service shall be paid by the administrator from this fund. State appropriations to the children's special health care needs service shall be paid to the administrator upon proper requisition therefor. Any surplus moneys in the fund not currently needed for operation expenses may be invested by the administrator in obligations of the state of Missouri or of the United States of America or obligations guaranteed by the United States of America. Any trust funds in the hands of the administrator may be invested in such manner as may be provided by law, except that any trust funds coming to the administrator with special instructions with reference to the investment thereof shall not be invested contrary to such specific instructions.

(L. 1959 S.B. 368 § 11, A.L. 2010 H.B. 1270)
Mo. Rev. Stat. § 392.290 — MO Code / Chapter 392 / Section 392.290
392.290 Right to issue stocks, bonds and notes is subject to regulation by state — ...
Status: in_force

392.290. Right to issue stocks, bonds and notes is subject to regulation by state — exception — limitation on powers of commission. — 1. The power of telecommunications companies to issue stocks, bonds, notes and other evidence of indebtedness and to create liens upon their property situated in this state is a special privilege, the right of supervision, regulation, restriction and control of which is and shall continue to be vested in the state, and such power shall be exercised as provided by law and under such rules and regulations as the commission may prescribe.

2. Notwithstanding any other provision of this chapter to the contrary, no telecommunications company operating in Missouri and one or more other states shall be required to obtain authorization from the commission to issue stocks, bonds, notes or any other evidence of indebtedness; nor shall any such telecommunications company be required to obtain authorization from the commission in order to encumber the whole or any part of its franchise line or system.

(RSMo 1939 § 5674, A.L. 1986 S.B. 625, A.L. 1987 H.B. 360) Prior revisions: 1929 § 5218; 1919 § 10506
Mo. Rev. Stat. § 387.430 — MO Code / Chapter 387 / Section 387.430
387.430 State preemption on regulation — income and earnings taxes permitted — ...
Status: in_force

387.430. State preemption on regulation — income and earnings taxes permitted — rules — airports, authorizations and restrictions. — 1. Notwithstanding any other provision of law, TNCs and TNC drivers are governed exclusively by sections 387.400 to 387.440 and any rules promulgated by the department consistent with sections 387.400 to 387.440 . No municipality or other local or state entity may impose a tax on, or require a license for, a TNC, a TNC driver, or a vehicle used by a TNC driver where such tax or license relates to providing prearranged rides, or subject a TNC to the municipality or other local or state entity's rate, entry, operational, or other requirements. Upon the enactment of this section * , any municipality or other local entity's ordinance or policy that is inconsistent with sections 387.400 to 387.440 shall be void and shall have no force or effect.

2. Nothing in this section shall prohibit an income tax imposed by the state or an earnings tax.

3. The department of revenue may promulgate all necessary rules and regulations for the administration of sections 387.400 to 387.440 . Any rule or portion of a rule, as that term is defined in section 536.010 , that is created under the authority delegated in sections 387.400 to 387.440 shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028 . Sections 387.400 to 387.440 and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2017, shall be invalid and void.

4. (1) Subject to subdivision (2) of this subsection, nothing in sections 387.400 to 387.440 shall restrict or limit an airport from:

(a) Charging reasonable fees for the use of the airport or its facilities, provided that the fee is not assessed on a per-passenger basis. Nothing in this section shall prohibit an airport from charging reasonable pickup or dropoff fees; or

(b) Establishing operating procedures regarding staging, the dropping-off or picking-up of passengers at the airport, or use of airport facilities.

(2) An airport shall not impose any regulatory or licensing requirement that is additional to or inconsistent with the requirements described in sections 387.400 to 387.440 , including requirements for background checks or trade dress. A TNC shall enter into an agreement with, or otherwise obtain authorization from, an airport prior to allowing TNC drivers to pick up passengers at the airport.

(L. 2017 H.B. 130) *The enactment date of this section is April 24, 2017. The effective date of this section is August 28, 2017.
Mo. Rev. Stat. § 621.025 — MO Code / Chapter 621 / Section 621.025
621.025 Acting commissioner, when appointed — compensation.
Status: in_force

621.025. Acting commissioner, when appointed — compensation. — If a commissioner during his term of office becomes temporarily incapacitated by illness or otherwise to perform the duties of his office, the governor shall appoint some person to perform the duties of the office during the incapacity of the commissioner. The person appointed shall have all the powers and duties of the office and shall possess all of the qualifications of the office except that he may continue in the private practice of law but shall not practice during this period before any agency mentioned in section 621.045 nor in connection with matters with which any of the agencies are involved. He shall receive the remuneration provided for the office of commissioner during the time which he serves.

(L. 1965 p. 277 § 2)
Mo. Rev. Stat. § 632.435 — MO Code / Chapter 632 / Section 632.435
632.435 Habeas corpus.
Status: in_force

632.435. Habeas corpus. — Any person detained under this chapter shall be entitled to apply for a writ of habeas corpus.

(L. 1980 H.B. 1724) CROSS REFERENCE: Alcohol and drug abuse detention, right of application for writ of habeas corpus, 631.175
Mo. Rev. Stat. § 100.273 — MO Code / Chapter 100 / Section 100.273
100.273 Development finance board employees are state employees eligible for state ...
Status: in_force

100.273. Development finance board employees are state employees eligible for state retirement — not eligible for state health insurance plan unless requested by board — no purchase of creditable service, exception. — 1. Any person employed by the Missouri development finance board on or after September 1, 2011, in a full-time position shall be both a state employee and a member of the Missouri state employees' retirement system, except that such state employee shall not have coverage under the Missouri consolidated health care plan, unless such coverage is requested by the Missouri development finance board and approved by the board of trustees of the Missouri consolidated health care plan.

2. Employees described in subsection 1 of this section may not purchase and receive creditable or credited service in the Missouri state employees' retirement system for prior full-time service with the Missouri development finance board except as follows: such employees shall be permitted to purchase all or a portion of their creditable or credited service in the Missouri state employees' retirement system up to the actual years of prior full-time service with the Missouri development finance board. The cost of the full amount of such creditable or credited service allowed shall be an amount determined to equal the actuarial accrued liability at the time of the purchase to the extent the system's actuarial accrued liability was funded as of the most recent actuarial valuation. If an employee pays less than the full amount so determined, the creditable or credited service granted shall be prorated accordingly. Employees may purchase and receive such creditable or credited service at any time on or after September 1, 2011, but before applying for retirement, and may do so notwithstanding any vesting requirement to the contrary. Any employee who purchases such creditable or credited service and subsequently terminates employment prior to becoming vested in the system may, upon proper application, receive a refund equal to the purchase amount.

(L. 2011 H.B. 282)
Mo. Rev. Stat. § 58.350 — MO Code / Chapter 58 / Section 58.350
58.350 Evidence to be reduced to writing.
Status: in_force

58.350. Evidence to be reduced to writing. — The evidence of such witnesses shall be taken down in writing and subscribed by them, and if it relate to the trial of any person concerned in the death, then the coroner shall bind such witnesses, by recognizance, in a reasonable sum for their appearance before the court having criminal jurisdiction of the county where the felony appears to have been committed, at the next term thereof, there to give evidence; and he shall return to the same court the inquisition, written evidence and recognizance by him taken.

(RSMo 1939 § 13240) Prior revisions: 1929 § 11621; 1919 § 5929; 1909 § 2934
Mo. Rev. Stat. § 139.380 — MO Code / Chapter 139 / Section 139.380
139.380 Sale under distraint — surplus.
Status: in_force

139.380. Sale under distraint — surplus. — If the property distrained be sold for more than the amount of taxes and costs, the surplus shall be returned to the owner or the person in whose possession such property was when the distraint was made.

(RSMo 1939 § 14012) Prior revisions: 1929 § 12335; 1919 § 13248; 1909 § 11736
Mo. Rev. Stat. § 473.410 — MO Code / Chapter 473 / Section 473.410
473.410 Offsets or counterclaims — personal representative to list — how asserted — ...
Status: in_force

473.410. Offsets or counterclaims — personal representative to list — how asserted — procedure — judgment. — The personal representative shall file a statement of all offsets or counterclaims against the creditor not less than twenty days prior to the date of hearing. The court may permit the statement to be filed in less than twenty days prior to the date of the hearing for good cause. Upon hearing of the claim and offsets or counterclaims the court shall determine the amount due by and against the estate and render judgment in favor of or against the estate for the net amount. If a judgment is rendered against a claimant for any net amount, execution may issue in the same manner as on judgments in civil cases. An offset may or may not diminish or defeat the recovery sought by the opposing party. Such offset may claim relief exceeding in amount or different in kind from that sought in the claim of the creditor.

(L. 1955 p. 385 § 154, A.L. 1980 S.B. 637) Effective 1-01-81
Mo. Rev. Stat. § 301.451 — MO Code / Chapter 301 / Section 301.451
301.451 Purple Heart medal, special license plates.
Status: in_force

301.451. Purple Heart medal, special license plates. — (1) Any person who has been awarded the purple heart medal may apply for special motor vehicle license plates for any vehicle he or she owns, either solely or jointly, other than commercial vehicles weighing over twenty-four thousand pounds.

(2) Any such person shall make application for the special license plates on a form provided by the director of revenue and furnish such proof as a recipient of the purple heart medal as the director may require. The director shall then issue license plates bearing letters or numbers or a combination thereof, with the words "PURPLE HEART" in place of the words "SHOW-ME STATE" in a form prescribed by the advisory committee established in section 301.129 * .

(3) Such license plates shall be made with fully reflective material with a common color scheme and design, shall be clearly visible at night, and shall be aesthetically attractive, as prescribed by section 301.130 .

(4) There shall be no fee charged for the first set of license plates issued to an eligible person under this section. A second or subsequent set of license plates issued to the eligible person under this section shall be subject to regular registration fees but not to any fee in addition to regular registration fees.

(5) There shall be no limit on the number of license plates any person qualified under this section may obtain so long as each set of license plates issued under this section is issued for vehicles owned solely or jointly by such person.

(6) License plates issued under the provisions of this section shall not be transferable to any other person, except that, in the event of the death of the qualified person, any registered co-owner of the motor vehicle shall be entitled to use and renew the license plates until he or she remarries or, if he or she does not remarry, for the remainder of his or her life.

(L. 1991 S.B. 47 § 1, A.L. 1993 S.B. 329, A.L. 1995 S.B. 70, A.L. 1997 S.B. 69, A.L. 2006 H.B. 1382 & 1158, A.L. 2009 H.B. 427, A.L. 2015 H.B. 403, A.L. 2016 H.B. 2380, A.L. 2020 S.B. 656) *Section 301.129 was repealed by H.B. 1298 Revision, 2014.