FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 162.997 — MO Code / Chapter 162 / Section 162.997
162.997 Surrogates appointed, when — state board of education, duties — definitions.
Status: in_force

162.997. Surrogates appointed, when — state board of education, duties — definitions. — 1. The state board of education shall:

(1) Establish and maintain procedures to appoint a person to act as a surrogate for the parent or guardian of a handicapped or severely handicapped child when:

(a) The parents or guardian of the child are not known;

(b) The parents or guardian of the child are unavailable; or

(c) The child has been committed to the custody of a public agency or institution in accordance with section 211.181 ;

(2) Establish and maintain procedures to recruit persons to act as surrogate parents for handicapped or severely handicapped children;

(3) Establish and maintain a list of names of persons who will undertake appointments to act as surrogates for the parents or guardians of handicapped or severely handicapped children;

(4) Provide the education and training necessary to ensure that a surrogate parent appointee has the knowledge and skills to act as an effective representative of a handicapped or severely handicapped child in all decisions relating to the child's education;

(5) Establish standards and procedures by which a surrogate parent may be removed from his appointment if:

(a) He is not effectively representing the child; or

(b) The parents or guardian of a child subsequently become known or available.

2. For purposes of sections 162.997 to 162.999 , the following terms mean:

(1) "Handicapped child" or "severely handicapped child" , as defined in section 162.675 ;

(2) "Parent" , a biological parent, a guardian or a person acting as a parent of a child, including but not limited to a grandparent or stepparent with whom a child lives. The term does not include the state if the child is a ward of the state. The term does not include a person whose parental rights have been terminated;

(3) "Unavailable" , a person is unavailable if his whereabouts are unknown after reasonable inquiry.

(L. 1988 H.B. 1237 § 1, A.L. 1992 H.B. 1151)
Mo. Rev. Stat. § 188.100 — MO Code / Chapter 188 / Section 188.100
188.100 Definitions.
Status: in_force

188.100. Definitions. — Unless the language or context clearly indicates a different meaning is intended, the following words or phrases for the purposes of sections 188.100 to 188.120 shall mean:

(1) "Employer" , the state, or any political or civil subdivision thereof, or any person employing two or more persons within the state, and any person acting as an agent of the employer;

(2) "Participate in abortion" , to perform, assist in, refer for, promote, procure, or counsel a woman to have an abortion not necessary to save the life of the mother; or to undergo an abortion;

(3) "Person" includes one or more individuals, partnerships, associations, organizations, corporations, legal representatives, trustees, trustees in bankruptcy, receivers, or other organized groups of persons.

(L. 1986 H.B. 1596)
Mo. Rev. Stat. § 416.480 — MO Code / Chapter 416 / Section 416.480
416.480 Remedies exclusive.
Status: in_force

416.480. Remedies exclusive. — The remedies provided for in sections 416.410 to 416.560 are exclusive and no criminal fines or penalties shall be imposed for violation of sections 416.410 to 416.560 .

(L. 1959 H.B. 255 § 15)
Mo. Rev. Stat. § 577.715 — MO Code / Chapter 577 / Section 577.715
577.715 Detention in terminal by security guard authorized — no criminal or civil ...
Status: in_force

577.715. Detention in terminal by security guard authorized — no criminal or civil liability, exception. — A duly authorized security guard may detain within the terminal any person committing an act declared unlawful by any provision of sections 577.700 to 577.718 and section 307.176 * until law enforcement authorities arrive. Such detention shall not constitute unlawful imprisonment and neither the company nor such company representative personally shall be civilly or criminally liable upon grounds of unlawful imprisonment or assault providing that only reasonable force is exercised against any person so detained.

(L. 1982 S.B. 519 § 6, A.L. 2014 S.B. 491) Transferred 2014; formerly 578.325; Effective 1-01-17 *Section 307.176 was repealed by H.B. 1965, 2010.
Mo. Rev. Stat. § 28.050 — MO Code / Chapter 28 / Section 28.050
28.050 Seal to be affixed, when — exceptions.
Status: in_force

28.050. Seal to be affixed, when — exceptions. — He shall affix the seal of the state to and countersign all commissions and other official acts required by law to be issued or done by the governor, his approbation or disapprobation of the acts of the general assembly excepted, and all other instruments, when required or authorized by the governor, or by law.

(RSMo 1939 § 12996, A.L. 1945 p. 1724) Prior revisions: 1929 § 11371; 1919 § 11612; 1909 § 11183 CROSS REFERENCES: Amendments to constitution, authentication, 2.040 Laws, bills passed over governor's veto, authentication, 21.250
Mo. Rev. Stat. § 190.537 — MO Code / Chapter 190 / Section 190.537
190.537 Rulemaking authority.
Status: in_force

190.537. Rulemaking authority. — Any rule or portion of a rule, as that term is defined in section 536.010 , that is created pursuant to the authority of sections 190.525 to 190.537 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, 2002, shall be invalid and void.

(L. 2002 S.B. 1107)
Mo. Rev. Stat. § 145.551 — MO Code / Chapter 145 / Section 145.551
145.551 Extension of time for payment or filing return or other document — interest ...
Status: in_force

145.551. Extension of time for payment or filing return or other document — interest to accrue, rate. — 1. The director of revenue may grant a reasonable extension of time for payment of tax, or for filing any return, declaration, statement, or other document required by sections 145.011 to 145.995 on such terms and conditions as he may require. No extension for filing any return, declaration, statement or document shall exceed six months.

2. If a taxpayer has been granted an extension of time for filing the federal estate tax return, the filing of a copy of the extension with the director of revenue shall automatically extend the due date of the tax return required by sections 145.011 to 145.995 .

3. If a taxpayer has been granted an extension of time for paying any portion of the federal estate tax, the filing of a copy of the extension with the director of revenue shall automatically extend the time for the payment of the tax or a portion of the tax required by sections 145.011 to 145.995 to the applicable limitations specified in Internal Revenue Code Section 2011(c) or 2015. The portion of the Missouri estate tax which is subject to deferral or payable in installments shall be determined by multiplying the total Missouri estate tax payable by a fraction, the numerator of which is the gross value of those assets of the decedent's estate having a taxable situs in Missouri which qualify for deferred or installment payment under Internal Revenue Code Section 6161, 6163, or 6166, and the denominator of which is the gross value of all assets of the decedent's estate having a taxable situs in Missouri. For purposes of this section, the value of property shall be that determined for federal estate tax purposes. Deferred payments and installment payments with interest shall be paid at the same time and in the same manner as payments of the federal estate tax are required to be made under the applicable sections of the Internal Revenue Code. Acceleration of payments under this section shall occur under the same circumstances and in the same manner as provided in Internal Revenue Code Section 6166(g). During such extension, interest shall accrue and become due annually on the Missouri estate tax at the same rate as provided in Section 6601 of Title 26, United States Code for the extension of federal estate taxes during the same period. If more than one rate is applicable to amounts owed by a taxpayer under the federal estate tax during such period of extension, the same rates shall apply to the Missouri estate tax, and in the same proportion in which such rates are applicable to the amount owed under the federal estate tax attributable to assets having a taxable situs in Missouri. After the period of extension for the payment of Missouri estate taxes has expired, interest shall accrue as provided in section 143.731 .

(L. 1980 S.B. 539, A.L. 1985 H.B. 398, A.L. 1986 S.B. 669, et al., A.L. 1987 H.B. 384 Revision) Effective 6-15-87
Mo. Rev. Stat. § 493.100 — MO Code / Chapter 493 / Section 493.100
493.100 Notice of sale of certain real estate published in certain newspapers ...
Status: in_force

493.100. Notice of sale of certain real estate published in certain newspapers (cities of 600,000 or more). — In all cities having a population of more than six hundred thousand inhabitants, as shown by the last United States census, no notice or other advertisement permitted or required by law to be made in conformity with the power of sale of real estate contained in any mortgage or deed of trust shall be valid or sufficient unless such notice or other advertisement shall be published in a daily newspaper, published in such city, whose annual cash receipts from circulation shall exceed six thousand dollars; and such receipts shall be paid by the bona fide individual and separate subscribers of such newspapers in such city, and in computing such receipts there shall not be counted or included cash received from advertising or from any other source.

(RSMo 1939 § 7771) Prior revisions: 1929 § 7631; 1919 § 9030
Mo. Rev. Stat. § 630.769 — MO Code / Chapter 630 / Section 630.769
630.769 Venue for appointment of receiver — copy of petition to be provided — ...
Status: in_force

630.769. Venue for appointment of receiver — copy of petition to be provided — hearing thereon within five days, determination within fifteen — court to appoint receiver if grounds exist. — Any petition for appointment of a receiver shall be verified and shall be accompanied by an affidavit or affidavits setting forth material facts showing there exists one or more of the conditions specified in section 198.099 . The petition shall be filed in the circuit court of Cole County or in the county where the residential facility is located. If the petition is not filed by the attorney general, a copy of the petition shall be served upon the department and upon the attorney general. The court shall hold a hearing on the petition within five days of the filing of the petition and determine the matter within fifteen days of the initial hearing. The petition and notice of the hearing shall be served on the head of the facility or, if personal service is impossible, shall be posted in a conspicuous place in the residential facility not later than three days before the time specified for the hearing, unless a different period is fixed by order of the court. The court shall appoint the director of the department, or any person determined by the court to be qualified, to act as receiver if it finds that any ground exists which would authorize the appointment of a receiver under section 198.099 , and that appointment of a receiver will contribute to the continuity of care or the orderly and safe transfer of residents in the facility.

(L. 1980 H.B. 1724)
Mo. Rev. Stat. § 590.100 — MO Code / Chapter 590 / Section 590.100
590.100 Denial of an application, when — review process.
Status: in_force

590.100. Denial of an application, when — review process. — 1. The director shall have cause to deny any application for a peace officer license or entrance into a basic training course when the director has knowledge that would constitute cause to discipline the applicant if the applicant were licensed.

2. The director shall have cause to deny any application for a peace officer license or entrance into a basic training course when the applicant had a peace officer license or certification that was revoked or surrendered.

3. When the director has knowledge of cause to deny an application pursuant to this section, the director may grant the application subject to probation or may deny the application. The director shall notify the applicant in writing of the reasons for such action and of the right to appeal pursuant to this section.

4. Any applicant aggrieved by a decision of the director pursuant to this section may appeal within thirty days to the administrative hearing commission, which shall conduct a hearing to determine whether the director has cause for denial, and which shall issue findings of fact and conclusions of law on the matter. The administrative hearing commission shall not consider the relative severity of the cause for denial or any rehabilitation of the applicant or otherwise impinge upon the discretion of the director to determine whether to grant the application subject to probation or deny the application when cause exists pursuant to this section. Failure to submit a written request for a hearing to the administrative hearing commission within thirty days after a decision of the director pursuant to this section shall constitute a waiver of the right to appeal such decision.

5. Upon a finding by the administrative hearing commission that cause for denial exists, the director shall not be bound by any prior action on the matter and shall, within thirty days, hold a hearing to determine whether to grant the application subject to probation or deny the application. If the licensee fails to appear at the director's hearing, this shall constitute a waiver of the right to such hearing.

6. The provisions of chapter 621 and any amendments thereto, except those provisions or amendments that are in conflict with this chapter, shall apply to and govern the proceedings of the administrative hearing commission pursuant to this section and the rights and duties of the parties involved.

(L. 1978 H.B. 879 & 899 § 1, A.L. 1988 S.B. 532, A.L. 1993 S.B. 268, A.L. 2001 H.B. 80, A.L. 2026 H.B. 1866)
Mo. Rev. Stat. § 242.502 — MO Code / Chapter 242 / Section 242.502
242.502 Supervisors to levy tax on readjusted benefits — levy, how determined.
Status: in_force

242.502. Supervisors to levy tax on readjusted benefits — levy, how determined. — 1. If the board of supervisors deem it necessary, the board shall, without unnecessary delay, levy a tax of such portion of said readjusted assessed benefits on all lands, railroad and other property in the district to which benefits have been assessed, as may be found necessary by the board of supervisors to pay the costs of the completion of the proposed works and improvements as shown in the supplemental plan for reclamation adopted by the board of supervisors pursuant to section 242.230 and in carrying out the objects of said district, and plus ten percent of said total amount for emergencies. The tax levied pursuant to this section shall be apportioned to and be levied on each tract of land or property in said district in proportion to the readjusted assessed benefits, provided that the amount of such tax levied pursuant to this section, when added to any taxes previously levied and remaining unpaid at the time of the levy provided for in this section, shall not exceed the total amount of the readjusted assessed benefits.

2. The tax shall be levied in the manner provided in sections 242.450 and 242.460 .

(L. 1977 S.B. 2)
Mo. Rev. Stat. § 195.550 — MO Code / Chapter 195 / Section 195.550
195.550 Electronic prescriptions required, when, exceptions — violations.
Status: in_force

195.550. Electronic prescriptions required, when, exceptions — violations. — 1. Notwithstanding any other provision of this section or any other law to the contrary, beginning January 1, 2021, no person shall issue any prescription in this state for any Schedule II, III, or IV controlled substance unless the prescription is made by electronic prescription from the person issuing the prescription to a pharmacy, except for prescriptions:

(1) Issued by veterinarians;

(2) Issued in circumstances where electronic prescribing is not available due to temporary technological or electrical failure;

(3) Issued by a practitioner to be dispensed by a pharmacy located outside the state;

(4) Issued when the prescriber and dispenser are the same entity;

(5) Issued that include elements that are not supported by the most recently implemented version of the National Council for Prescription Drug Programs Prescriber/Pharmacist Interface SCRIPT Standard;

(6) Issued by a practitioner for a drug that the federal Food and Drug Administration requires the prescription to contain certain elements that are not able to be accomplished with electronic processing;

(7) Issued by a practitioner allowing for the dispensing of a nonpatient specific prescription pursuant to a standing order, approved protocol for drug therapy, collaborative drug management or comprehensive medication management, in response to a public health emergency, or other circumstances where the practitioner may issue a nonpatient specific prescription;

(8) Issued by a practitioner prescribing a drug under a research protocol;

(9) Issued by practitioners who have received an annual waiver, or a renewal thereof, from the requirement to use electronic prescribing, pursuant to a process established in regulation by the department of health and senior services, due to economic hardship, technological limitations, or other exceptional circumstances demonstrated by the practitioner;

(10) Issued by a practitioner under circumstances where, notwithstanding the practitioner's present ability to make an electronic prescription as required by this subsection, such practitioner reasonably determines that it would be impractical for the patient to obtain substances prescribed by electronic prescription in a timely manner, and such delay would adversely impact the patient's medical condition; or

(11) Issued where the patient specifically requests a written prescription.

2. A pharmacist who receives a written, oral, or faxed prescription is not required to verify that the prescription properly falls under one of the exceptions from the requirement to electronically prescribe. Pharmacists may continue to dispense medications from otherwise valid written, oral, or fax prescriptions that are consistent with state and federal laws and regulations.

3. An individual who violates the provisions of this section may be subject to discipline by his or her professional licensing board.

(L. 2019 S.B. 514)
Mo. Rev. Stat. § 276.120 — MO Code / Chapter 276 / Section 276.120
276.120 Unlawful to refuse membership or delay granting same — circuit court may ...
Status: in_force

276.120. Unlawful to refuse membership or delay granting same — circuit court may compel issuance of membership, when. — It is hereby declared unlawful for any such organization to refuse membership or to unreasonably delay the granting of membership in such organization to any applicant for membership because of the manner, times or method in which such applicant intends to or does distribute the profits of such applicant to the persons composing any partnership in which the applicant is financially interested or to the shareholders of any corporation or cooperative association in which the member is a shareholder, and any refusal on the part of such organization to admit to membership or any unreasonable delay in admitting to membership any applicant for membership who intends to or does distribute to the persons composing any partnership in which such applicant is financially interested or to the shareholders of any corporation or cooperative association in which such applicant is a shareholder, the profits of such applicant to the persons composing such partnership or to the shareholders of such corporation or cooperative association in proportion to the quantity of grain or other farm products shipped to such member by the persons composing such partnership or the shareholders of such corporation or cooperative association, shall be prima facie evidence that such refusal or such unreasonable delay is because such applicant for membership intends to or does so distribute its profits, and any such applicant for membership shall have the right to have the action of such organization, in refusing or unreasonably delaying the issuance of said membership, summarily reviewed by the circuit court, by filing therein a petition praying the circuit court to cause such organization to show cause why it has refused or unreasonably delayed the issuance of said membership, and if, upon the trial, said organization fails to show some lawful and reasonable cause for refusing or unreasonably delaying the issuance of said membership to such applicant for membership, then the circuit court shall, by proper order, compel the issuance of said membership to such applicant; provided, that any limitation fixed by such organization, or by the members thereof, as to the number of members admitted to membership therein, shall not be a lawful or a reasonable cause for refusing or unreasonably delaying the issuance of membership to such applicant for membership; and provided further, that the review provided for in this section shall be merely cumulative and shall in no way relieve such organization, or any member thereof, from the criminal or civil proceedings provided for in sections 276.090 to 276.150 .

(RSMo 1939 § 14394) Prior revision: 1929 § 12736
Mo. Rev. Stat. § 208.250 — MO Code / Chapter 208 / Section 208.250
208.250 Definitions.
Status: in_force

208.250. Definitions. — The following words shall have the following meanings unless a different meaning clearly appears from the context:

(1) "Corporation" means a domestic not-for-profit corporation organized under the provisions of chapter 355 ;

(2) "Department" means the Missouri department of transportation;

(3) "Director" means the director of the Missouri department of transportation.

(L. 1976 S.B. 875 § 1, A.L. 1981 S.B. 410)
Mo. Rev. Stat. § 379.880 — MO Code / Chapter 379 / Section 379.880
379.880 Public education.
Status: in_force

379.880. Public education. — All insurers agree to undertake a continuing public education program, in cooperation with producers and others, to assure that the basic property insurance inspection and placement program receives adequate public attention.

(L. 1969 H.B. 772 § 379.131)
Mo. Rev. Stat. § 41.930 — MO Code / Chapter 41 / Section 41.930
41.930 Average earnings, how determined.
Status: in_force

41.930. Average earnings, how determined. — The average earnings of a member, for purposes of sections 41.900 to 41.940 , shall be his civilian earnings, current military earnings or the compensation paid under the provisions of section 41.430 , whichever is greater.

(L. 1967 p. 119 § 4, A.L. 1982 S.B. 715) Effective 4-30-82