FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 67.1431 — MO Code / Chapter 67 / Section 67.1431
67.1431 Public hearing, notice.
Status: in_force

*67.1431. Public hearing, notice. — 1. Within a reasonable time, not to exceed forty-five days, after the receipt of the verified petition from the municipal clerk, the governing body shall hold or cause to be held a public hearing on the establishment of the proposed district and shall give notice of the public hearing in the manner provided in subsection 3 of this section. All reasonable protests, objections and endorsements shall be heard at the public hearing.

2. The public hearing may be continued to another date without further notice other than a motion to be entered on the minutes fixing the date, time and place of the continuance of the public hearing, as well as providing such information to the Missouri department of revenue, which shall publish such information on its website.

3. Notice of the public hearing shall be given by publication and mailing. Notice by publication shall be given by publication in a newspaper of general circulation within the municipality once a week for two consecutive weeks prior to the week of the public hearing, as well as by notice provided to the Missouri department of revenue, which shall publish such information on its website. Notice by mail shall be given not less than fifteen days prior to the public hearing by sending the notice via registered or certified United States mail with a return receipt attached to the address of record of each owner of record of real property within the boundaries of the proposed district. The published and mailed notices shall include the following:

(1) The date, time and place of the public hearing;

(2) A statement that a petition for the establishment of a district has been filed with the municipal clerk;

(3) The boundaries of the proposed district by street location, or other readily identifiable means if no street location exists; and a map illustrating the proposed boundaries;

(4) A statement that a copy of the petition is available for review at the office of the municipal clerk during regular business hours; and

(5) A statement that all interested persons shall be given an opportunity to be heard at the public hearing.

(L. 1998 H.B. 1636 § 4, A.L. 2022 H.B. 1606) *Revisor's Note: This section was declared unconstitutional in Byrd, et al. v. State of Missouri, et al. (see 2023 annotation below). (2023) The inclusion of Section 67.2300 in H.B. 1606 from 2022 declared unconstitutional as violating the single subject rule of Article III, § 23 of the Missouri Constitution. The remaining provisions of H.B. 1606 could not be severed and the bill is declared invalid in its entirety. Byrd, et al. v. State of Missouri, et al., 679 S.W.3d 492 (Mo.banc).
Mo. Rev. Stat. § 316.205 — MO Code / Chapter 316 / Section 316.205
316.205 Amusement ride safety board — powers and duties — rulemaking.
Status: in_force

316.205. Amusement ride safety board — powers and duties — rulemaking. — 1. The amusement ride safety board shall have the following powers:

(1) To consult with engineering authorities and organizations who are studying and developing amusement ride safety standards;

(2) To adopt a code of rules and regulations governing maintenance, testing, operation, and inspection of amusement rides. The board shall have the power to adopt a safety code only for those types of amusement rides defined in the statutes. In promulgating the amusement ride safety code the board may consider any existing or future American Society for Testing and Materials (ASTM) safety standards affecting amusement rides as defined in sections 316.203 to 316.233 , or any other nationally acceptable standard;

(3) To make recommendations to the state fire marshal concerning the board's findings on safety issues related to amusement rides.

2. No rule or portion of a rule promulgated pursuant to this section shall take effect unless such rule has been promulgated pursuant to chapter 536 .

(L. 2000 H.B. 1434) Effective 1-01-01
Mo. Rev. Stat. § 115.243 — MO Code / Chapter 115 / Section 115.243
115.243 President and vice president to be considered one candidate — ballot, how ...
Status: in_force

115.243. President and vice president to be considered one candidate — ballot, how printed, contents of. — 1. For the purposes of this chapter, the candidates for president and vice president of the United States from any political party or group of petitioners shall be considered one candidate. The names of the candidates for president and vice president from each political party or group of petitioners shall be enclosed in a brace directly to the left of the names in the appropriate column on the official ballot. Directly to the left of each brace shall be printed one square, the sides of which are not less than one-fourth inch in length. The names of candidates for presidential electors shall not be printed on the ballot but shall be filed with the secretary of state in the manner provided in section 115.399 .

2. A vote for any candidate for president and vice president shall be a vote for their electors.

3. When presidential and vice-presidential candidates are to be elected, the following instruction shall be printed on the official ballot: "A vote for candidates for President and Vice President is a vote for their electors.".

(L. 1977 H.B. 101 § 8.115 , A.L. 2018 S.B. 592 merged with S.B. 975 & 1024 Revision) Effective 8-28-18 (S.B. 975 & 1024 Revision); 11-07-18 (S.B. 592)
Mo. Rev. Stat. § 413.226 — MO Code / Chapter 413 / Section 413.226
413.226 Weight and measure devices law not applicable to certain devices — ...
Status: in_force

413.226. Weight and measure devices law not applicable to certain devices — applicability to certain devices. — 1. The provisions of sections 413.005 to 413.229 shall not apply to:

(1) Any gas, water or electric meter used or intended to be used for measuring or ascertaining the quantity of gas or electric current used for light, heat or power, or the quantity of water, furnished by any person or corporation to or for the use of any person, unless such meter is used for charging electric vehicles at a retail location;

(2) Any measuring device used by any person, firm, or corporation selling at retail or wholesale gasoline, diesel fuel, heating oil, kerosene, or jet fuel subject to inspection in accordance with chapter 414 ;

(3) Any liquid meter used for the measurement and retail sale of liquefied petroleum gas or any meter used for compressed natural gas subject to inspection in accordance with chapter 323 , unless such meter dispenses fuel for vehicle use.

2. The provisions of sections 413.005 to 413.229 shall apply to the following commercial weighing and measuring equipment used for measuring and ascertaining the quantity of gas, electricity, or fuel for vehicle use:

(1) Compressed natural gas meters;

(2) Liquefied natural gas meters;

(3) Electrical charging stations; and

(4) Hydrogen fuel meters.

(L. 1994 S.B. 729, A.L. 2014 H.B. 2141) Effective 1-01-16
Mo. Rev. Stat. § 79.400 — MO Code / Chapter 79 / Section 79.400
79.400 Powers — regulation of lumberyards, fences, animals and poultry — may ...
Status: in_force

79.400. Powers — regulation of lumberyards, fences, animals and poultry — may establish pounds. — 1. The board of aldermen may prescribe limits within the city within which no lumberyard or woodyard shall be kept, and may regulate, restrain or prohibit the erection or maintenance of any fence composed in whole or in part of barbed wire, along or adjacent to any public street, avenue, alley, park, lane, cemetery or other public grounds.

2. The board of aldermen may also regulate or prohibit the running at large of cattle, hogs, horses, mules, sheep, goats and all other domestic animals, also geese, ducks, chickens, turkeys and all other domestic fowls and cause such animals or fowls as may be running at large to be impounded and sold in such manner and at such time as may be prescribed by ordinance.

3. They may also provide penalties for the owners or keepers who shall permit such animals or fowls to be at large.

4. The board of aldermen may also provide for the erection of all needful pounds, pens and buildings for the use of the city, within or without the city limits, and appoint and compensate keepers thereof and establish and enforce rules governing the same.

5. The board of aldermen may also tax, regulate and restrain and prohibit the running at large of dogs, and provide for their destruction when at large contrary to ordinance, and impose penalties on the owners or keepers thereof.

(RSMo 1939 § 7171) Prior revisions: 1929 § 7021; 1919 § 8472; 1909 § 9374
Mo. Rev. Stat. § 100.282 — MO Code / Chapter 100 / Section 100.282
100.282 Limitations on approval of loans.
Status: in_force

100.282. Limitations on approval of loans. — The Missouri development finance board, the Missouri health and educational * facilities authority, the Missouri higher education loan authority, the Missouri housing development commission, and the environmental improvement and energy resources authority shall only approve loan requests from the state, any agency or department of the state, or any state educational institution if the borrower's means of repayment is readily ascertainable and reliable. With the exception of annual appropriation debt for state-owned property, the entities listed in this section shall not approve such requests if the means of repayment is contingent upon state funding that has not been granted, unless the project has been approved by concurrent resolution of the general assembly, or similar legislative directive or approval.

(L. 2006 S.B. 718) *Word "education" appears in original rolls.
Mo. Rev. Stat. § 537.050 — MO Code / Chapter 537 / Section 537.050
537.050 Civil action not merged in criminal prosecution.
Status: in_force

537.050. Civil action not merged in criminal prosecution. — In no case shall the right of action of any party injured by the commission of any felony or misdemeanor be deemed or adjudged to be merged in such felony or misdemeanor; but he may recover the amount of damages sustained thereby in an action to be brought before any court or tribunal of competent jurisdiction.

(RSMo 1939 § 3679) Prior revisions: 1929 § 3289; 1919 § 4240; 1909 § 5447
Mo. Rev. Stat. § 369.705 — MO Code / Chapter 369 / Section 369.705
369.705 Definitions — savings banks merger with nonbank subsidiaries or nonbank ...
Status: in_force

369.705. Definitions — savings banks merger with nonbank subsidiaries or nonbank affiliates — procedure. — 1. As used in this section, the following terms mean:

(1) "Nonbank affiliate" , any nonbank business entity of which a bank holding company or bank savings and loan holding company holds control, as defined under section 362.910 ;

(2) "Nonbank business entity" , an entity that is not a bank, trust company, savings and loan association, or savings bank;

(3) "Nonbank subsidiary" , any nonbank business entity of which a savings and loan association or savings bank holds control, as defined in section 362.910 .

2. Upon approval by the director of finance, a savings and loan institution or savings bank chartered under this chapter may merge with one or more of its nonbank subsidiaries or nonbank affiliates pursuant to an agreement of merger, provided that the savings and loan institution or savings bank is the surviving institution.

3. The agreement of merger shall be submitted to the director of finance, and the director shall act upon the agreement of merger within thirty days of the submission. In determining whether to approve or deny the merger, the director shall consider the purpose of the transaction, its impact on the safety and soundness of the savings and loan institution or savings bank, and any effect on the savings and loan institution or savings bank customers. The director of finance may deny the merger if the merger would have a negative effect in any such respect.

4. The decision of the director of finance may be appealed in the same manner as decisions by the director under section 362.040 may be appealed. Should the state banking and savings and loan board decision result in the approval of the agreement of merger, the board may impose such conditions and terms upon the merger as the board deems appropriate.

5. Should the agreement of merger be approved, the director of finance shall provide a certification for the effective date of the merger to the savings and loan institution or savings bank that the savings and loan institution or savings bank may present to the secretary of state or other applicable state business office to demonstrate the completion of the merger.

6. A merger authorized under this section shall not enable a savings and loan institution or savings bank to exercise any right, power, privilege, or benefit that the savings and loan institution or savings bank could not lawfully exercise immediately prior to such merger.

(L. 2021 S.B. 106)
Mo. Rev. Stat. § 404.703 — MO Code / Chapter 404 / Section 404.703
404.703 Definitions.
Status: in_force

404.703. Definitions. — As used in sections 404.700 to 404.735 the following terms mean:

(1) "Attorney in fact" , an individual or corporation appointed to act as agent of a principal in a written power of attorney;

(2) "Court" , the circuit court including the probate division of the circuit court;

(3) "Disabled" or "incapacitated" , a person who is wholly or partially disabled or incapacitated as defined in section 475.010 or in a similar law of the place having jurisdiction of the person whose capacity is in question;

(4) "Durable power of attorney" , a written power of attorney in which the authority of the attorney in fact does not terminate in the event the principal becomes disabled or incapacitated or in the event of later uncertainty as to whether the principal is dead or alive and which complies with subsection 1 of section 404.705 or is durable under the laws of any of the following places:

(a) The law of the place where executed;

(b) The law of the place of the residence of the principal when executed; or

(c) The law of a place designated in the written power of attorney if that place has a reasonable relationship to the purpose of the instrument;

(5) "Legal representative" , a decedent's personal representative, a guardian of a person or the conservator of the estate of a person, whether denominated as general, limited or temporary, or a person legally authorized to perform substantially the same functions;

(6) "Person" , an individual, corporation, or other legal entity;

(7) "Personal representative" , a legal representative of a decedent's estate as defined in section 472.010 ;

(8) "Power of attorney" , a written power of attorney, either durable or not durable;

(9) "Principal's family" , the principal's parent, grandparent, uncle, aunt, brother, sister, son, daughter, grandson, granddaughter and their descendants, whether of the whole blood or the half blood, or by adoption, and the principal's spouse, stepparent and stepchild;

(10) "Third person" , any individual, corporation or legal entity that acts on a request from, contracts with, relies on or otherwise deals with an attorney in fact pursuant to authority granted by a principal in a power of attorney and includes a partnership, either general or limited, governmental agency, financial institution, issuer of securities, transfer agent, securities or commodities broker, real estate broker, title insurance company, insurance company, benefit plan, legal representative, custodian or trustee.

(L. 1989 H.B. 145 § 2, A.L. 1997 S.B. 265)
Mo. Rev. Stat. § 521.030 — MO Code / Chapter 521 / Section 521.030
521.030 The affidavit.
Status: in_force

521.030. The affidavit. — An affidavit alleging any one of the causes set forth in the several subdivisions of section 521.010 , in the language of such subsection, shall be held good and sufficient.

(RSMo 1939 § 1440) Prior revisions: 1929 § 1276; 1919 § 1727; 1909 § 2296
Mo. Rev. Stat. § 492.260 — MO Code / Chapter 492 / Section 492.260
492.260 Officer to propound interrogatories.
Status: in_force

492.260. Officer to propound interrogatories. — Such person or other officer shall examine the witnesses named in the commission, touching the matters contained in the interrogatories annexed, and none others, at any time and place when and where such witness may be found.

(RSMo 1939 § 1935) Prior revisions: 1929 § 1771; 1919 § 5458; 1909 § 6402
Mo. Rev. Stat. § 243.150 — MO Code / Chapter 243 / Section 243.150
243.150 Taxes to be levied against county-owned swamplands, how paid.
Status: in_force

243.150. Taxes to be levied against county-owned swamplands, how paid. — Whenever any of the counties in which any drainage district shall be organized under the provisions of this chapter shall be the owner of a tract or tracts of swamplands, granted to it by the state of Missouri, which will be benefitted by the construction of any such ditch or drain, the said land shall be assessed as to benefits and damages as any other land and the taxes levied against the same shall be paid by the county commission out of the swampland fund or out of any fund or funds arising from the proceeds of the sale of swamplands of such county.

(RSMo 1939 § 12449) Prior revisions: 1929 § 10859; 1919 § 4526
Mo. Rev. Stat. § 452.371 — MO Code / Chapter 452 / Section 452.371
452.371 Declining jurisdiction in a modification proceeding, when.
Status: in_force

452.371. Declining jurisdiction in a modification proceeding, when. — 1. Notwithstanding the provisions of subsection 1 of section 452.455 or subsection 6 of section 452.370 to the contrary, the court with jurisdiction may decline to exercise jurisdiction in any modification proceeding if such court finds that exercise of its jurisdiction would be clearly inconvenient to either party to the proceeding. The court shall consider the following factors in determining whether exercise of its jurisdiction would be clearly inconvenient:

(1) Place of residence of the parties;

(2) Location of witnesses; and

(3) The availability to either party of another more convenient court with jurisdiction.

2. A finding that a court is a clearly inconvenient forum pursuant to subsection 1 of this section may be made on the court's own motion or on the motion of either party to the proceeding.

3. If the court finds that it is an inconvenient forum and a court of another county is a more appropriate forum, and such court will accept jurisdiction of the case, the original court shall order a change of venue to the more appropriate forum and state the reasons for such change. The clerk shall transmit the original papers with a transcript of all docket entries to the clerk of the court to which the removal is ordered or the court may order the clerk to prepare a full transcript of the record and proceeding in the case, and transmit the same, duly certified with all the original papers in the civil action but not forming part of the record to the clerk of the court to which the removal is ordered.

(L. 1997 S.B. 361 § 4) Effective 7-01-97
Mo. Rev. Stat. § 9.384 — MO Code / Chapter 9 / Section 9.384
9.384 Rare kidney disease awareness month designated for month of March.
Status: in_force

9.384. Rare kidney disease awareness month designated for month of March. — The month of March of each year shall be known and is hereby designated as "Rare Kidney Disease Awareness Month". More than one in seven people is estimated to have rare kidney disease. Ninety percent of patients with rare kidney disease stages 1-3 are undiagnosed. Rare kidney disease, when diagnosed, is often found in late stages after irreversible damage to the kidneys has already occurred. People who inherit two variants of the APOL1 gene are at a significantly increased risk of developing kidney disease. These risk variants are found exclusively in people of sub-Saharan African ancestry. It is recommended to the people of the state and to state departments that the month be appropriately observed through activities that will increase awareness of rare kidney disease, available screening and genetic testing options, and efforts to improve treatment for patients. The citizens of this state are encouraged to participate in appropriate awareness and educational activities for rare kidney disease, available screening and genetic testing options, and efforts to improve treatment for patients.

(L. 2023 H.B. 402 merged with S.B. 45 & 90 § 9.388 merged with S.B. 106 § 9.388)
Mo. Rev. Stat. § 263.261 — MO Code / Chapter 263 / Section 263.261
263.261 Duties of public utilities and government agencies as to Johnson grass.
Status: in_force

263.261. Duties of public utilities and government agencies as to Johnson grass. — It shall be the duty of public utilities, the state transportation department, the county commission, railroads, drainage districts, township boards, special road districts and other public and quasi-public corporations and every land owner in Johnson grass extermination areas:

(1) To control and eradicate Johnson grass and to prevent its regrowth and reinfestation on all lands, rights-of-way and easements owned, occupied or controlled by them;

(2) To employ methods of control and eradication and for the prevention of the regrowth and reinfestation of Johnson grass as directed by the director of agriculture of the county weed control board;

(3) To comply with all orders, rules and regulations promulgated by the director of agriculture pursuant to the provisions of sections 263.255 to 263.267 .

(L. 1957 p. 9 § 11)
Mo. Rev. Stat. § 162.073 — MO Code / Chapter 162 / Section 162.073
162.073 Definitions.
Status: in_force

162.073. Definitions. — For the purposes of sections 162.071 , 162.073 , 162.152 , 162.171 , 162.181 , 162.191 , 162.201 , 162.241 , 162.301 , 162.311 , 162.821 and 167.121 , in those counties without a county commission, the following words shall have the following meaning:

(1) "County clerk" shall mean the vice-chairman of the county legislature or county council;

(2) "County commission" shall mean the county legislature or county council;

(3) "Presiding commissioner of the county commission" shall mean the chairman of the county legislature or county council.

(L. 1979 H.B. 280 § 2, A.L. 2016 S.B. 638)
Mo. Rev. Stat. § 436.490 — MO Code / Chapter 436 / Section 436.490
436.490 Sale of business assets of provider — report to board required, contents.
Status: in_force

436.490. Sale of business assets of provider — report to board required, contents. — 1. A provider that intends to sell or otherwise dispose of all or a majority of its business assets, or its stock if a corporation, shall notify the board at least sixty days prior to selling or otherwise disposing of its business assets or stock, or ceasing to do business as a provider, and shall file a notification report on a form established by the board.

2. The report required by this section shall include:

(1) The name, phone number, and address of the purchasers of any outstanding preneed contract for which the licensee is the designated provider;

(2) The name and license numbers of all sellers authorized to designate the licensee as a provider in a preneed contract;

(3) The name, address, and license number of the provider assuming or agreeing to assume the licensee's obligations as a provider under a preneed contract, if any;

(4) The name, address, and phone number of a custodian who will maintain the books and records of the provider containing information about preneed contracts in which the licensee is or was formerly designated as provider;

(5) A final annual report containing the information required by section 436.460 ;

(6) The date the provider intends to sell or otherwise dispose of its business assets or stock, or cease doing business; and

(7) Any other information required by any other applicable statute or regulation enacted pursuant to state or federal law.

3. Within three days after the provider sells or disposes of its assets or stock or ceases doing business, the former provider shall notify each seller in writing that the former provider has sold or disposed of its assets or stock or has ceased doing business.

(L. 2009 S.B. 1)