FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 327.077 — MO Code / Chapter 327 / Section 327.077
327.077 Civil penalties may be imposed, when — amount, limit, determination of — ...
Status: in_force

327.077. Civil penalties may be imposed, when — amount, limit, determination of — settlement requirements. — 1. In disciplinary actions against licensed or unlicensed persons, the board may issue an order imposing a civil penalty. Such penalty shall not be imposed until the findings of fact and conclusions of law by the administrative hearing commission have been delivered to the board in accordance with section 621.110 . Further, no civil penalty shall commence until a formal meeting and vote by the board has been taken to impose such a penalty.

2. A civil penalty imposed under this section shall not exceed five thousand dollars for each offense. Each day of a continued violation constitutes a separate offense, with a maximum penalty of twenty-five thousand dollars. In determining the amount of penalty to be imposed, the board may consider any of the following:

(1) Whether the amount imposed will be a substantial deterrent to the violation;

(2) The circumstances leading to the violation;

(3) The severity of the violation and the risk of harm to the public;

(4) The economic benefits gained by the violator as a result of noncompliance;

(5) The interest of the public.

3. Any final order imposing a civil penalty is subject to judicial review upon the filing of a petition under section 536.100 by any person subject to the penalty.

4. Payment of a civil penalty shall be made within sixty days of filing the order, or if the order is stayed pending an appeal within ten days after the court enters a final judgment in favor of the board. If the penalty is not timely paid, the board shall notify the attorney general. The attorney general may commence an action to recover the amount of the penalty, including reasonable attorney fees and costs and a surcharge of fifteen percent of the penalty plus ten percent per annum on any amounts owed. In such action, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review.

5. An action to enforce an order under this section may be joined with an action for an injunction.

6. Any offer of settlement to resolve a civil penalty under this section shall be in writing, state that an action for imposition of a civil penalty may be initiated by the attorney general representing the board under this section, and identify any dollar amount as an offer of settlement, which shall be negotiated in good faith through conference, conciliation, and persuasion.

7. Failure to pay a civil penalty by any person licensed under this chapter shall be grounds for refusing to renew or denying reinstatement of a license or certificate of authority.

8. Penalties collected under this section shall be handled in accordance with Section 7 of Article IX of the Missouri Constitution. Such penalties shall not be considered a charitable contribution for tax purposes.

(L. 2007 H.B. 780 merged with S.B. 308)
Mo. Rev. Stat. § 575.270 — MO Code / Chapter 575 / Section 575.270
575.270 Tampering with a witness or victim — penalties.
Status: in_force

575.270. Tampering with a witness or victim — penalties. — 1. A person commits the offense of tampering with a witness or victim if:

(1) With the purpose to induce a witness or a prospective witness to disobey a subpoena or other legal process, absent himself or herself, avoid subpoena or other legal process, withhold evidence, information, or documents, or testify falsely, he or she:

(a) Threatens or causes harm to any person or property; or

(b) Uses force, threats or deception; or

(c) Offers, confers or agrees to confer any benefit, direct or indirect, upon such witness; or

(d) Conveys any of the foregoing to another in furtherance of a conspiracy; or

(2) He or she purposely prevents or dissuades or attempts to prevent or dissuade any person who has been a victim of any crime or a person who is acting on behalf of any such victim from:

(a) Making any report of such victimization to any peace officer, state, local or federal law enforcement officer, prosecuting agency, or judge;

(b) Causing a complaint, indictment or information to be sought and prosecuted or assisting in the prosecution thereof;

(c) Arresting or causing or seeking the arrest of any person in connection with such victimization.

2. The offense of tampering with a witness or victim is a class A misdemeanor, unless the original charge is a felony, in which case tampering with a witness or victim is a class D felony. Persons convicted under this section shall not be eligible for parole.

(L. 1977 S.B. 60, A.L. 1983 S.B. 24, A.L. 2005 H.B. 353, A.L. 2014 S.B. 491) Effective 1-01-17 CROSS REFERENCES: Court order against witness or victim tampering, 491.600; violations, 491.610 Pretrial release of defendant conditioned on no tampering, forms for bail or bond to set out also forfeiture of bond, 491.620
Mo. Rev. Stat. § 478.038 — MO Code / Chapter 478 / Section 478.038
478.038 Circuit number nine, election to maintain quarters for circuit court, form ...
Status: in_force

478.038. Circuit number nine, election to maintain quarters for circuit court, form of question. — 1. In circuit number nine, the county commission of the county of Linn may submit the issue of whether to maintain quarters for the circuit court at a location other than at the county seat to a vote of the people.

2. The county commission may make an order to present to the voters of the county the question of whether to maintain quarters for the circuit court at a location other than at the county seat. The question shall be submitted in substantially the following form:

Shall the county continue to maintain quarters for the circuit court at a location other than at the county seat?

3. If a majority of the votes cast on the question are in favor of maintaining a second courthouse at a location other than the county seat, the county commission shall by order entered of record continue to maintain quarters for the circuit court at a location other than the county seat. If a majority of the votes cast on the question are against maintaining a second courthouse at a location other than the county seat, the county commission shall by order entered of record cease to maintain a second courthouse at a location other than the county seat.

(L. 1995 H.B. 239 § 478.037) Effective 2-03-95
Mo. Rev. Stat. § 166.456 — MO Code / Chapter 166 / Section 166.456
166.456 Confidentiality of information.
Status: in_force

166.456. Confidentiality of information. — All personally identifiable information concerning participants and beneficiaries of accounts established within the Missouri education program pursuant to sections 166.400 to 166.456 shall be confidential, and any disclosure of such information shall be restricted to purposes directly connected with the administration of the program.

(L. 2002 H.B. 1086 merged with S.B. 776, A.L. 2018 S.B. 882, A.L. 2021 H.B. 297)
Mo. Rev. Stat. § 383.033 — MO Code / Chapter 383 / Section 383.033
383.033 Association treated as mutual insurance company, tax purposes.
Status: in_force

383.033. Association treated as mutual insurance company, tax purposes. — A Missouri nonprofit corporation formed for the purpose of providing malpractice insurance upon the assessment plan pursuant to sections 383.010 to 383.041 shall be treated as a Missouri mutual insurance company organized under chapter 380 for purposes of subdivision (4) of subsection 2 of section 143.441 .

(L. 1992 S.B. 831 §§ C, 1)
Mo. Rev. Stat. § 144.670 — MO Code / Chapter 144 / Section 144.670
144.670 Additional assessment made when, notice.
Status: in_force

144.670. Additional assessment made when, notice. — If the director is not satisfied with the return payment of tax made by any taxpayer, he shall make an additional assessment based upon the facts contained in any returns or upon any information in his possession, and the director shall give the taxpayer written notice in person or by certified mail of the amount of the additional tax. The director may only base an additional assessment upon an estimate of the taxpayer's liability under sections 144.600 to 144.748 , if:

(1) The taxpayer fails to file a return; or

(2) The taxpayer's books and records are incomplete or illegible in the opinion of the director when conducting an examination of the accuracy of any return filed by the taxpayer; or

(3) The taxpayer denies the director access to the taxpayer's books and records for the purpose of conducting an examination of the accuracy of any return filed by the taxpayer.

(L. 1959 H.B. 35 § 16, A.L. 1994 S.B. 477, et al.)
Mo. Rev. Stat. § 244.090 — MO Code / Chapter 244 / Section 244.090
244.090 Disagreement on manner of construction — petition circuit court.
Status: in_force

244.090. Disagreement on manner of construction — petition circuit court. — 1. The owner or owners of the land benefitted shall have the right, without obtaining permission of the circuit court, to construct the ditch or levee or lay the tile or to arrange to have such constructed or laid, but the damages resulting, if any, from the construction of the same shall be paid in cash to the owner or owners of the land taken or damaged, or the sum awarded for such items shall be placed in the possession of the circuit clerk for the use of such persons, before such construction shall be begun.

2. In case the owners of the land benefitted are unable to agree among themselves as to the manner of constructing the ditch or levee or laying the tile or letting the contract for the same, the circuit court shall have the power, upon being petitioned by a majority of persons interested, after due notice has been given to other interested parties, to let the work of construction out to the lowest or best bidder, and after such costs have been determined, the circuit clerk, upon order of the circuit court, shall apportion the total cost to each tract or parcel of land according to ownership in proportion the benefits derived as ascertained and determined by the court, and such cost shall become a lien upon such land and remain the same until paid.

3. Such lien shall be enforced by suit brought on bills properly made out and certified to by the circuit clerk, such suit to be brought in the name of the state at the relation of the interested party or parties in any court of competent jurisdiction. All sums collected by such suit shall include the court cost incurred in bringing and conducting such suit and a reasonable attorney's fee to be fixed by the court hearing said cause.

(RSMo 1939 § 12462, A.L. 1945 p. 852) Prior revisions: 1929 § 10872; 1919 § 4567
Mo. Rev. Stat. § 72.155 — MO Code / Chapter 72 / Section 72.155
72.155 Consolidation ordinance when initiated by municipality — contents.
Status: in_force

72.155. Consolidation ordinance when initiated by municipality — contents. — 1. Consolidation of municipalities may be instituted by the governing bodies of any cities, towns or villages, or any combination thereof, by ordinance, adopted by the governing bodies of the respective municipalities. The ordinance shall contain the following:

(1) The names of the municipalities to be consolidated;

(2) The proposed effective date of consolidation;

(3) The number of votes cast in the last municipal election.

2. The ordinance may contain the name of the municipality as consolidated, the form of government to be adopted and the details of transition, such as which officers will serve, which employees shall be retained, what taxes will be collected, what ordinances will be in effect and similar matters for the operation of the consolidated municipality until the new governing body provides otherwise.

3. The adopted ordinance shall then be filed with the county commission in the same manner as provided for initiative petitions in section 72.167 .

(L. 1961 p. 193 § 72.157, A.L. 1963 p. 128)
Mo. Rev. Stat. § 376.2011 — MO Code / Chapter 376 / Section 376.2011
376.2011 Violations, administrative orders, civil actions — penalty.
Status: in_force

376.2011. Violations, administrative orders, civil actions — penalty. — 1. If the director determines that a person has engaged, is engaging, or has taken a substantial step toward engaging in an act, practice, omission, or course of business constituting a violation of sections 376.2000 to 376.2014 or a rule adopted or order issued pursuant thereto, or a person has materially aided or is materially aiding an act, practice, omission, or course of business constituting a violation in sections 376.2000 to 376.2014 or a rule adopted or order issued pursuant thereto, the director may issue such administrative orders as authorized under section 374.046 .

2. If the director believes that a person has engaged, is engaging, or has taken a substantial step toward engaging in an act, practice, omission, or course of business constituting a violation of sections 376.2000 to 376.2014 or a rule adopted or order issued pursuant thereto, or that a person has materially aided or is materially aiding an act, practice, omission, or course of business constituting a violation in sections 376.2000 to 376.2014 or a rule adopted or order issued pursuant thereto, the director may maintain a civil action for relief authorized under section 374.048 .

3. A violation of sections 376.2000 to 376.2014 is a level two violation under section 374.049 .

(L. 2013 S.B. 262) Effective 7-12-13
Mo. Rev. Stat. § 236.280 — MO Code / Chapter 236 / Section 236.280
236.280 Right to divert stream through tunnel — conditions.
Status: in_force

236.280. Right to divert stream through tunnel — conditions. — Any person or persons, firm or firms, corporation or corporations, owning lands extending across the neck of any bend in any of the rivers of this state where a tunnel through such bends would create a waterfall to create electric power, that such owner or owners shall have the right to tunnel through such bends in such neck, on his or their or its own land or lands, and take up and divert and transmit and use the waters of said river (leaving enough water in said river at the point where said diversion shall be made to meet the wants of stock and the families below such point of diversion), and use the waters so diverted to create electric power for transmission and sale to the public, and then return such waters to said river again, without the consent of the riparian owners thereof owning shore lands on the inside and outside of said bend, between the intake and output points of said tunnel, by the use of the usual condemnation proceedings in the circuit court of the county of this state in which said lands, or a part thereof, are, or may be situated, to ascertain and establish the damage that will accrue to such owner or owners of said riparian rights by reason of the use and license aforesaid, and after this has been established and decreed, and that the judgment so awarded shall be paid before diverting and using said waters.

(RSMo 1939 § 10313) Prior revisions: 1929 § 9184; 1919 § 7426; 1909 § 5483
Mo. Rev. Stat. § 630.025 — MO Code / Chapter 630 / Section 630.025
630.025 Director to head department — compensation — not to have private practice — ...
Status: in_force

630.025. Director to head department — compensation — not to have private practice — director may conduct inquiries, issue subpoenas. — 1. The head of the department shall be the director, whose salary shall be set by the commission at an amount not to exceed the appropriations made for that purpose. The director shall not provide consulting services outside his official employment, and his salary shall be the sole personal service income of the director; except, that the director shall not be prevented from receiving compensation from writing and presenting professional papers and publications.

2. Before entering upon the discharge of his duties, the director shall take an oath to support the Constitution of the United States and the Constitution of the State of Missouri and to faithfully demean himself in the office to which he has been appointed.

3. The director shall be the chief executive officer of the department and shall perform such duties and exercise such powers as may be imposed or conferred upon him by law.

4. Except as otherwise provided by law, the director may request the governor to reorganize the internal organization of the department as authorized under sections 26.500 to 26.540 .

5. The director shall have power to make inquiries and investigations and to hold such hearings as may be necessary in pursuance of his duties, and for such purpose he may subpoena witnesses and documents, administer oaths and provide for payment and expense of witnesses.

(L. 1980 H.B. 1724)
Mo. Rev. Stat. § 473.597 — MO Code / Chapter 473 / Section 473.597
473.597 Conclusiveness of order approving final settlement.
Status: in_force

473.597. Conclusiveness of order approving final settlement. — Upon the approval of the final settlement of an executor or administrator, the executor or administrator and his sureties, subject to the right of appeal and to the power of the court to vacate its final orders, shall be relieved from liability for the administration of his trust prior to his final settlement, including liability with respect to the investment of the assets of the estate. The court may disapprove the final settlement in whole or in part and surcharge the executor or administrator for any loss caused by any breach of duty.

(L. 1955 p. 385 § 210)
Mo. Rev. Stat. § 478.483 — MO Code / Chapter 478 / Section 478.483
478.483 Jurisdiction as to mechanic's liens.
Status: in_force

478.483. Jurisdiction as to mechanic's liens. — All mechanic's liens upon real estate situate in Kaw township in Jackson County shall be filed in the office of the clerk of the circuit court at Kansas City, and suits for the enforcement thereof shall be brought in the circuit court at Kansas City.

(RSMo 1939 § 15661, A. 1949 S.B. 1140) Prior revision: 1929 § 14810 CROSS REFERENCE: Liens on property filed with circuit clerk, when, 429.080 (1958) Where subdivider had previously filed suit in circuit court at Kansas City against landscaper for breach of contract for the sodding of lots outside of Kaw Township, landscaper's suit at Independence to enforce lien on same property would be dismissed as action must be filed as counterclaim to subdivider's suit. Rape v. Mid-Continent Bldg. Co. (A.), 318 S.W.2d 519. (1971) Section held constitutional. Stowell Electric Company v. Blue Valley Foundry Company (Mo.), 467 S.W.2d 955.
Mo. Rev. Stat. § 339.110 — MO Code / Chapter 339 / Section 339.110
339.110 Refusal of licenses, when.
Status: in_force

339.110. Refusal of licenses, when. — The commission may refuse to issue a license to any person who is known by it to have been found guilty of forgery, embezzlement, obtaining money under false pretenses, extortion, criminal conspiracy to defraud, or other like offense, or to any association, partnership, corporation, professional corporation, limited partnership, or limited liability company of which such person is a manager, officer or general partner, or in which as a member, partner or associate such person has or exercises a controlling interest either directly or indirectly, or to any corporation of which such person is an officer or in which as a stockholder such person has or exercises a controlling interest either directly or indirectly.

(L. 1941 p. 424 § 14, A.L. 1978 S.B. 811, A.L. 1993 S.B. 18, A.L. 2010 H.B. 1692, et al. merged with S.B. 754)
Mo. Rev. Stat. § 144.350 — MO Code / Chapter 144 / Section 144.350
144.350 Penalty for failure to testify.
Status: in_force

144.350. Penalty for failure to testify. — If any person summoned as a witness by the director of revenue or such employee of the director of revenue shall fail to obey such summons or shall refuse to testify or answer any material question or shall refuse to produce any book, record, paper or other data when required so to do, he shall be deemed guilty of a misdemeanor and punished as provided by law.

(RSMo 1939 § 11423, A.L. 1941 p. 698, A.L. 1943 p. 1012, A.L. 1945 p. 1865)
Mo. Rev. Stat. § 387.402 — MO Code / Chapter 387 / Section 387.402
387.402 TNC drivers, what not considered — vehicle registration as for-hire vehicle.
Status: in_force

387.402. TNC drivers, what not considered — vehicle registration as for-hire vehicle. — Notwithstanding any other provision of law, TNCs and TNC drivers shall not be considered common carriers, contract carriers, or motor carriers, as defined in section 390.020 , a taxicab, as defined in section 390.020 , a taxicab service or association, or a for-hire vehicle service. A TNC driver shall not be required to register the vehicle such driver uses to provide prearranged rides as a commercial or for-hire vehicle.

(L. 2017 H.B. 130)
Mo. Rev. Stat. § 103.047 — MO Code / Chapter 103 / Section 103.047
103.047 Board members to have one vote — six members to be quorum — majority vote ...
Status: in_force

103.047. Board members to have one vote — six members to be quorum — majority vote of trustees present for official actions — meeting not required, procedure to determine will of board. — Each trustee shall be entitled to one vote. Six trustees shall constitute a quorum for the transaction of business and any official action of the board shall be based on the majority vote of the trustees present. Unless otherwise expressly provided in sections 103.003 to 103.175 , a meeting need not be called or held to make any decision on a matter before the board. Each member must be sent by the executive director a copy of the matter to be decided with full information on the question from the files of the plan. The concurring decisions of six trustees may decide the issue by signing a document declaring their decision and sending the written document to the executive director within fifteen days after the document and information was mailed to the trustee. If any trustee is not in agreement with the six trustees, the matter is to be passed on at a regular board meeting or a special meeting called for that purpose.

(L. 1992 H.B. 1574 § 1 subsec. 20)
Mo. Rev. Stat. § 443.1006 — MO Code / Chapter 443 / Section 443.1006
443.1006 Annual reporting, forms — rulemaking authority.
Status: in_force

443.1006. Annual reporting, forms — rulemaking authority. — 1. The department shall establish forms for an account holder to annually report information about a first-time home buyer savings account including, but not limited to, how the moneys withdrawn from the fund are used and shall identify any supporting documentation that is required to be maintained. To be eligible for the tax deduction under section 143.1150 , an account holder shall annually file with the account holder's state income tax return all forms required by the department under this section, the 1099 form for the account issued by the financial institution, and any other supporting documentation the department requires.

2. The department of revenue may promulgate rules and regulations necessary to administer the provisions of the first-time home buyer savings account act. Any rule or portion of a rule, as that term is defined in section 536.010 , that is created under the authority delegated in this section 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 . This section 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, 2018, shall be invalid and void.

(L. 2018 H.B. 1796)