FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 209.192 — MO Code / Chapter 209 / Section 209.192
209.192 Definitions — blind literacy study — division of special education to make ...
Status: in_force

209.192. Definitions — blind literacy study — division of special education to make annual report. — 1. As used in this section, the following terms mean:

(1) "Blind persons or visually impaired persons" , individuals who:

(a) Have a visual acuity of 20/200 or less in the better eye with conventional correction, or have a limited field of vision such that the widest diameter of the visual field subtends an angular distance not greater than twenty degrees; or

(b) Have a reasonable expectation of visual deterioration; or

(c) Cannot read printed material at a competitive rate of speed and with facility due to lack of visual acuity;

(2) "Literacy" , reading and written communication and comprehension of reading and written communication. This may include, but is not limited to Braille, large print and computer-aided communications;

(3) "Student" , any student who is blind or any student eligible for special education services for the visually impaired as defined in P.L. 94-142.

2. The division of special education of the department of elementary and secondary education shall conduct a statewide study to assess the literacy of blind students on a grade-level basis and report its findings and recommendations to improve the literacy of blind students to the governor and general assembly no later than December first of each year.

3. The division of special education of the department of elementary and secondary education shall annually provide a report to the governor and general assembly, no later than December first of each year, which describes the division's progress in implementing the recommendations, any significant obstacles to continued progress in implementation, the division's plans and time frame for removing these obstacles.

(L. 1998 H.B. 1088 § 1)
Mo. Rev. Stat. § 359.181 — MO Code / Chapter 359 / Section 359.181
359.181 When person becomes limited partner — admission of additional limited partner.
Status: in_force

359.181. When person becomes limited partner — admission of additional limited partner. — 1. A person becomes a limited partner on the later of:

(1) The date the original certificate of limited partnership is filed; or

(2) The date stated in the records of the limited partnership as the date that person becomes a limited partner.

2. After the filing of a limited partnership's original certificate of limited partnership, a person may be admitted as an additional limited partner:

(1) In the case of a person acquiring a partnership interest directly from the limited partnership, upon the compliance with the partnership agreement or, if the partnership agreement does not so provide, upon the written consent of all partners;

(2) In the case of an assignee of a partnership interest of a partner who has the power, as provided in section 359.431 , to grant the assignee the right to become a limited partner, upon the exercise of that power and compliance with any conditions limiting the grant or exercise of the power.

(L. 1985 H.B. 512 & 650, A.L. 1990 H.B. 1432)
Mo. Rev. Stat. § 562.014 — MO Code / Chapter 562 / Section 562.014
562.014 Conspiracy, offense of — penalty.
Status: in_force

562.014. Conspiracy, offense of — penalty. — 1. A person commits the offense of conspiracy to commit, in any manner or for any purpose, an offense if the person agrees, with one or more persons, to commit any class A, B, or C felony offense, or any unclassified felony offenses if the maximum term of imprisonment for such unclassified felony exceeds ten years or more, and one or more of such persons do any act in furtherance of such an agreement.

2. It is no defense to a prosecution for conspiring to commit an offense that a person, who knows that a person with whom he or she conspires to commit an offense has conspired with another person or persons to commit the same offense, does not know the identity of such other person or persons.

3. If a person conspires to commit a number of offenses, he or she can be found guilty of only one offense of conspiracy so long as such multiple offenses are the object of the same agreement.

4. (1) No person shall be convicted of conspiracy to commit an offense if, after conspiring to commit the offense, he or she prevented the accomplishment of the objectives of the conspiracy under circumstances manifesting a renunciation of his or her criminal purpose.

(2) The defendant shall have the burden of injecting the issue of renunciation of criminal purpose under subdivision (1) of this subsection.

5. For the purpose of time limitations on prosecutions:

(1) A conspiracy to commit an offense is a continuing course of conduct which terminates when the offense or offenses which are its object are committed or the agreement that they be committed is abandoned by the defendant and by those with whom he or she conspired;

(2) If an individual abandons the agreement, the conspiracy is terminated as to him or her only if he or she advises those with whom he or she has conspired of his or her abandonment or he or she informs the law enforcement authorities of the existence of the conspiracy and of his or her participation in it.

6. The offense of conspiracy to commit an offense is a class C felony.

(L. 1977 S.B. 60, A.L. 2014 S.B. 491, A.L. 2016 H.B. 2332, A.L. 2020 S.B. 600) Transferred 2014; formerly 564.016 ; Effective 1-01-17
Mo. Rev. Stat. § 104.220 — MO Code / Chapter 104 / Section 104.220
104.220 Actuary, selection, duties.
Status: in_force

104.220. Actuary, selection, duties. — The board of trustees may select and employ an actuary who shall serve at its pleasure as its technical adviser on matters regarding the operation of the system, or may call upon the director of the department of commerce and insurance for actuarial service, which shall be furnished by him. The actuary shall:

(1) During the first year of operation of the system, or as soon as practicable, and at least once every five years thereafter, make a general investigation of the mortality, retirement, disability, death, employment turnover, interest, and earnable compensation experience of the system;

(2) Recommend mortality and other tables to be used for all required actuarial calculations;

(3) Make an annual valuation of the liabilities, assets, and reserves of the system, and a determination of the amounts of contributions required by the system to discharge the liabilities and administration costs under sections 104.010 to 104.270 , and certify the results thereof to the board; and

(4) Perform such other duties as may be assigned to him by the board.

(L. 1955 p. 718 § 12, A.L. 1983 H.B. 713 Revision)
Mo. Rev. Stat. § 385.220 — MO Code / Chapter 385 / Section 385.220
385.220 Inapplicability.
Status: in_force

385.220. Inapplicability. — 1. The provisions of sections 385.200 to 385.220 shall not apply to:

(1) Warranties;

(2) Maintenance agreements;

(3) Commercial transactions;

(4) Service contracts sold or offered for sale to persons other than consumers; or

(5) Motor club contracts, as defined in section 385.450 .

2. Manufacturer's contracts on the manufacturer's products need only comply with the provisions of sections 385.206 , 385.208 , and 385.216 .

(L. 2007 H.B. 221, A.L. 2021 S.B. 6)
Mo. Rev. Stat. § 355.841 — MO Code / Chapter 355 / Section 355.841
355.841 Use of membership lists.
Status: in_force

355.841. Use of membership lists. — Without consent of the board, a membership list or any part thereof may not be obtained or used by any person for any purpose unrelated to a member's interest as a member. Without limiting the generality of the foregoing, without the consent of the board a membership list or any part thereof may not be:

(1) Used to solicit money or property unless such money or property will be used solely to solicit the votes of the members in an election to be held by the corporation;

(2) Used for any commercial purpose; or

(3) Sold to or purchased by any person.

(L. 1994 H.B. 1095) Effective 7-01-95
Mo. Rev. Stat. § 174.600 — MO Code / Chapter 174 / Section 174.600
174.600 Truman State University, liberal arts and sciences.
Status: in_force

174.600. Truman State University, liberal arts and sciences. — The Truman State University located in Kirksville, Adair County, is hereby designated and shall hereafter be operated as a statewide institution of liberal arts and sciences.

(L. 1985 H.B. 196, A.L. 1995 S.B. 340)
Mo. Rev. Stat. § 51.281 — MO Code / Chapter 51 / Section 51.281
51.281 Compensation of certain county clerks — training program, attendance ...
Status: in_force

51.281. Compensation of certain county clerks — training program, attendance required, when, expenses, compensation — certain fees may be retained (second, third and fourth class counties). — 1. The county clerk in any county, other than in a first classification county, shall receive an annual salary computed as set forth in the following schedule. The assessed valuation factor shall be the amount thereof as shown for the year next preceding the computation. The provisions of this section shall not permit or require a reduction in the amount of compensation being paid for the office of clerk on January 1, 1997.

2. Two thousand dollars of the salary authorized in this section shall be payable to the clerk only if the clerk has completed at least twenty hours of classroom instruction each calendar year relating to the operations of the clerk's office when approved by a professional association of the county clerks of Missouri unless exempted from the training by the professional association. The professional association approving the program shall provide a certificate of completion to each clerk who completes the training program and shall send a list of certified clerks to the treasurer of each county. Expenses incurred for attending the training session may be reimbursed to the county clerk in the same manner as other expenses as may be appropriated for that purpose.

3. The county clerk may retain any fees to which he is entitled for services performed in the issuance of fish and game licenses or permits.

4. The county clerk in any county, other than a first classification charter county or a first classification county not having a charter form of government and not containing any part of a city with a population of three hundred thousand or more, shall not, except upon two-thirds vote of all the members of the salary commission, receive an annual compensation in an amount less than the total compensation being received for the office of county clerk in the particular county for services rendered or performed on the date the salary commission votes.

(L. 1987 S.B. 65, et al. § 1, A.L. 1988 S.B. 431, A.L. 1997 S.B. 11) CROSS REFERENCE: Compensation in certain first classification counties, 50.343
Mo. Rev. Stat. § 483.580 — MO Code / Chapter 483 / Section 483.580
483.580 Fees, probate proceedings, guardianships.
Status: in_force

483.580. Fees, probate proceedings, guardianships. — 1. In all probate proceedings in the probate divisions of the different circuit courts in this state, there shall be charged against and collected from the estates or parties requiring the services of the probate division of the circuit court, court costs in such amounts as are determined pursuant to sections 488.010 to 488.020 * .

2. Except as provided in section 483.550 , the court costs provided in this section shall be charged and collected by the clerk of the probate division of the circuit court.

(RSMo 1939 § 13404, A.L. 1945 p. 1516, A.L. 1947 V. II p. 356, A.L. 1961 p. 327, A.L. 1973 S.B. 112, A.L. 1978 H.B. 1634, A.L. 1981 S.B. 22 & 119 & 23, A.L. 1982 S.B. 497, A.L. 1983 S.B. 44 & 45, A.L. 1985 S.B. 35, et al., A.L. 1996 S.B. 869) Prior revisions: 1929 § 11782; 1919 § 10991; 1909 § 10695 Effective 7-01-97 *Words "section 514.015" appear in original rolls, which was changed to effectuate the court cost bill.
Mo. Rev. Stat. § 56.800 — MO Code / Chapter 56 / Section 56.800
56.800 Retirement fund authorized, administration of.
Status: in_force

56.800. Retirement fund authorized, administration of. — There is hereby authorized a "Prosecuting Attorneys and Circuit Attorneys' Retirement Fund" which shall be under the management of a board of trustees described in section 56.809 . The board of trustees shall be responsible for the administration of such prosecuting attorneys and circuit attorneys' retirement fund. If insufficient funds are generated to provide the benefits payable pursuant to the provisions of sections 56.800 to 56.840 , the board shall proportion the benefits according to the funds available. The prosecuting attorneys and circuit attorneys' retirement fund shall be a body corporate and may sue and be sued, transact business, invest funds, and hold cash, securities, and other property.

(L. 1989 S.B. 30 § 56.785, A.L. 1993 S.B. 169)
Mo. Rev. Stat. § 375.1050 — MO Code / Chapter 375 / Section 375.1050
375.1050 Workpapers, defined — availability to insurance examiners — confidentiality of.
Status: in_force

375.1050. Workpapers, defined — availability to insurance examiners — confidentiality of. — 1. As used in this section, "workpapers" are the records kept by the independent certified public accountant of the procedures followed, the tests performed, the information obtained and the conclusions reached pertinent to such accountant's audit of the financial statements of an insurer. Workpapers may include audit planning documentation, work programs, analyses, memoranda, letters of confirmation and representation, abstracts of company documents, and schedules or commentaries prepared or obtained by the independent certified public accountant in the course of such accountant's audit of the financial statements of an insurer and which support such accountant's opinion.

2. Every insurer required to file an audited financial report pursuant to sections 375.1025 to 375.1062 shall require the accountant to make available for review by the examiners of the department of commerce and insurance all workpapers prepared in the conduct of the accountant's audit and any communications related to the audit between the accountant and the insurer, at the offices of the insurer, at the department of commerce and insurance or at any other reasonable place designated by the director. The insurer shall require that the accountant retain the audit workpapers and communications until the department has filed a report on examination covering the period of the audit, but no longer than seven years from the date of the audit report.

3. In the conduct of any examination or review by the department examiners, it shall be agreed that photocopies of pertinent audit workpapers may be made and retained by the department. Such reviews by the department examiners shall be considered investigations and all working papers and communications obtained during the course of such investigations shall be afforded the same confidentiality as other examination workpapers generated by the department.

(L. 1991 H.B. 385, et al. § 12, A.L. 1992 H.B. 1574, A.L. 1993 H.B. 709, A.L. 2009 H.B. 577)
Mo. Rev. Stat. § 409.813 — MO Code / Chapter 409 / Section 409.813
409.813 Principals, agents, joint and several liability — when.
Status: in_force

409.813. Principals, agents, joint and several liability — when. — 1. The act, omission, or failure of any official, agent, or other person acting for any individual, association, partnership, corporation, or trust within the scope of his employment or office shall be deemed the act, omission, or failure of such individual, association, partnership, corporation, or trust, as well as of such official, agent, or other person.

2. Every person who directly or indirectly controls another person liable under any provision of sections 409.800 to 409.863 , every partner, officer, or director of such other person, every person occupying a similar status or performing similar functions, and every employee of such other person who materially aids in the violation is also liable jointly and severally with and to the same extent as such other person, unless the person who is also liable by virtue of this subsection sustains the burden of proof that he did not know and, in exercise of reasonable care, could not have known of the existence of the facts by reason of which the liability is alleged to exist.

(L. 1985 H.B. 409 & 532 § 6)
Mo. Rev. Stat. § 556.046 — MO Code / Chapter 556 / Section 556.046
556.046 Conviction of included offenses — jury instructions.
Status: in_force

556.046. Conviction of included offenses — jury instructions. — 1. A person may be convicted of an offense included in an offense charged in the indictment or information. An offense is so included when:

(1) It is established by proof of the same or less than all the facts required to establish the commission of the offense charged; or

(2) It is specifically denominated by statute as a lesser degree of the offense charged; or

(3) It consists of an attempt to commit the offense charged or to commit an offense otherwise included therein.

2. The court shall not be obligated to charge the jury with respect to an included offense unless there is a rational basis for a verdict acquitting the person of the offense charged and convicting him or her of the included offense. An offense is charged for purposes of this section if:

(1) It is in an indictment or information; or

(2) It is an offense submitted to the jury because there is a rational basis for a verdict acquitting the person of the offense charged and convicting the person of the included offense.

3. The court shall be obligated to instruct the jury with respect to a particular included offense only if the instruction is requested and there is a rational basis in the evidence for acquitting the person of the immediately higher included offense and convicting the person of that particular included offense.

(L. 1977 S.B. 60, A.L. 2001 S.B. 223, A.L. 2014 S.B. 491, A.L. 2022 S.B. 775, et al.) (1981) Statute providing that defendant may be convicted of offense included in offense charged is legislative determination that offense can be a lesser offense of another offense so that charge of greater will support conviction of lesser although lesser is not necessarily included in greater; declining to follow State v. Handley, 585 S.W.2d 458, to extent of conflict. State v. Wilkerson (Mo.), 616 S.W.2d 829. (1981) Statute must be construed as requiring an instruction on a lesser-included offense only where there is evidence of probative value which could form basis of an acquittal of greater offense and a conviction of lesser-included offense. State v. Hill (A.), 614 S.W.2d 744.
Mo. Rev. Stat. § 1.080 — MO Code / Chapter 1 / Section 1.080
1.080 County to include St. Louis — county clerk to include register of St. Louis.
Status: in_force

1.080. County to include St. Louis — county clerk to include register of St. Louis. — Whenever the word "county" is used in any law, general in its character to the whole state, it includes the city of St. Louis, unless such construction is inconsistent with the evident intent of the law, or of some law specially applicable to such city. Whenever the county clerk is authorized or required to perform an act by a law which applies to the city of St. Louis as well as to the counties of the state, the register of the city of St. Louis is authorized or required to perform the act insofar as it is to be performed in the city.

(RSMo 1939 § 655, A. 1949 S.B. 1001, A.L. 1957 p. 587) Prior revisions: 1929 § 655; 1919 § 7058; 1909 § 8057 CROSS REFERENCE: County officers of St. Louis, duties required by law to include corresponding city officers, when, 105.260
Mo. Rev. Stat. § 136.220 — MO Code / Chapter 136 / Section 136.220
136.220 Violation by sheriff.
Status: in_force

136.220. Violation by sheriff. — The officer to whom any distress warrant shall be delivered, and his sureties, shall be liable for the same causes, and in the same manner, and to the same extent, and with like effect, in all respects, as far as the same may be applicable, for refusing or neglecting to perform any duty under such distress warrant, as is provided by law against sheriffs and their sureties, in cases of refusal or neglect on the part of such sheriffs to perform the duties prescribed by law in case of executions.

(L. 1945 p. 1428 § 31)
Mo. Rev. Stat. § 488.5334 — MO Code / Chapter 488 / Section 488.5334
488.5334 Reimbursement of costs of arrest, when — limitations.
Status: in_force

488.5334. Reimbursement of costs of arrest, when — limitations. — Upon a plea of guilty or a finding of guilty for an offense of violating the provisions of section 577.010 or 577.012 or violations of county or municipal ordinances involving alcohol or drug-related traffic offenses, the court may, in addition to imposition of any penalties provided by law, order the convicted person to reimburse the state or local law enforcement agency which made the arrest for the costs associated with such arrest. Such costs shall include the reasonable cost of making the arrest, including the cost of any chemical test made under chapter 577 , to determine the alcohol or drug content of the person's blood, and the costs of processing, charging, booking and holding such person in custody. The state and each local law enforcement agency may establish a schedule of such costs; however, the court may order the costs reduced if it determines that the costs are excessive.

(L. 1991 S.B. 125 & 341, A.L. 1993 S.B. 167 merged with S.B. 180, A.L. 2000 S.B. 1002 Revision) Transferred 2000; formerly 577.048
Mo. Rev. Stat. § 190.613 — MO Code / Chapter 190 / Section 190.613
190.613 Out-of-state order, physician may execute order, when.
Status: in_force

190.613. Out-of-state order, physician may execute order, when. — 1. A patient or patient's representative and the patient's attending physician may execute an outside the hospital do-not-resuscitate order through the presentation of a properly executed outside the hospital do-not-resuscitate order from another state, the District of Columbia, or a territory of the United States, or a Transportable Physician Orders for Patient Preferences (TPOPP)/Physician Orders for Life-Sustaining Treatment (POLST) form containing a specific do-not-resuscitate section.

2. Any outside the hospital do-not-resuscitate form identified from another state, the District of Columbia, or a territory of the United States, or a TPOPP/POLST form, shall:

(1) Have been previously reviewed and approved by the department as in compliance with the provisions of sections 190.600 to 190.621 ;

(2) Not be accepted for a patient under eighteen years of age, except as allowed under section 191.250 ; and

(3) Not be effective during such time as the patient is pregnant as set forth in section 190.609 .

A patient or patient's representative may express to emergency medical services personnel, at any time and by any means, the intent to revoke the outside the hospital do-not-resuscitate order.

3. The provisions of section 190.606 shall apply to the good faith acts or omissions of emergency medical services personnel under this section.

(L. 2023 H.B. 402 merged with S.B. 45 & 90 merged with S.B. 106)
Mo. Rev. Stat. § 529.040 — MO Code / Chapter 529 / Section 529.040
529.040 Proceedings therein.
Status: in_force

529.040. Proceedings therein. — Such further proceedings shall be had therein for the determination thereof, and in such manner as might be had if the person suing out such writ had brought his civil action for false return.

(RSMo 1939 § 1699) Prior revisions: 1929 § 1535; 1919 § 1985; 1909 § 2549