FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 537.180 — MO Code / Chapter 537 / Section 537.180
537.180 Negligence of fellow servant no defense in action by employee against ...
Status: in_force

537.180. Negligence of fellow servant no defense in action by employee against railroad or mine. — Every railroad corporation owning or operating a railroad in this state and every person, company or corporation operating a mine or mines in this state producing lead, zinc, coal or other valuable minerals shall be liable for all damages sustained by any agent or servant thereof while engaged in the work of operating such railroad or while engaged in operating such mine or mines by reason of the negligence of any other agent or servant thereof; provided, that it may be shown in defense that the person injured was guilty of negligence contributing as a proximate cause to produce the injury.

(RSMo 1939 §§ 3665, 3672, A. 1949 H.B. 2135) Prior revisions: 1929 §§ 3275, 3282; 1919 §§ 4226, 4233; 1909 §§ 5434, 5440 CROSS REFERENCES: Contributory negligence of employee no defense in action for injuries against railroad, when, RSMo 389.790 to 389.870 Damages for injuries to employees resulting from failure of railroad to maintain switch lights, RSMo 389.710 to 389.730
Mo. Rev. Stat. § 168.124 — MO Code / Chapter 168 / Section 168.124
168.124 Board may place on leave — provisions governing — salary to be paid to ...
Status: in_force

168.124. Board may place on leave — provisions governing — salary to be paid to affected teacher, when. — 1. The board of education of a school district may place on leave of absence as many teachers as may be necessary because of a decrease in pupil enrollment, school district reorganization or the financial condition of the school district. In placing teachers on leave, the board of education shall be governed by the following provisions:

(1) No permanent teacher shall be placed on leave of absence while probationary teachers are retained in positions for which a permanent teacher is qualified;

(2) Permanent teachers shall be retained on the basis of performance-based evaluations and seniority (however, seniority shall not be controlling) within the field of specialization;

(3) Permanent teachers shall be reinstated to the positions from which they have been given leaves of absence, or if not available, to positions requiring like training and experience, or to other positions in the school system for which they are qualified by training and experience;

(4) No appointment of new teachers shall be made while there are available teachers on unrequested leave of absence who are properly qualified to fill such vacancies;

(5) A teacher placed on leave of absence may engage in teaching or another occupation during the period of such leave;

(6) The leave of absence shall not impair the tenure of a teacher;

(7) The leave of absence shall continue for a period of not more than three years unless extended by the board.

2. Should a board of education choose to utilize the mechanism for reducing teacher forces as provided in subsection 1 of this section in an attempt to manage adverse financial conditions caused at least partially by a withholding of, or a decrease or less than expected increase in, education appropriations, then the district additionally shall follow the provisions of subsection 3 of this section.

3. If a school district has an unrestricted combined ending fund balance of more than ten percent of current expenditures in its teachers' and incidental funds, and in the subsequent fiscal year such district, because of state appropriations, places a contracted teacher on leave of absence after forty days subsequent to the governor signing the elementary and secondary education appropriation bill, the district shall pay the affected teacher the greater of his or her salary for any days worked under the contract, or a sum equal to three thousand dollars.

(L. 1969 p. 275 § 168.112, A.L. 1983 H.B. 38 & 783, A.L. 1984 H.B. 1456 & 1197, A.L. 1993 S.B. 49, A.L. 2004 S.B. 968 and S.B. 969)
Mo. Rev. Stat. § 165.091 — MO Code / Chapter 165 / Section 165.091
165.091 School money, how disbursed.
Status: in_force

165.091. School money, how disbursed. — No money belonging to the school district shall be paid by any depositary or from any investment account maintained pursuant to section 165.051 except upon the check of the treasurer and president of the board of the school district or order for payment duly issued by the treasurer. The board, by resolution, may direct that the signatures be affixed to the checks in facsimile in the manner and with the effect provided in sections 105.273 to 105.278 .

(L. 1963 p. 200 § 6-9, A.L. 1977 S.B. 111, A.L. 1995 S.B. 301) (Source: RSMo 1959 §§ 165.349, 165.443) Effective 6-27-95
Mo. Rev. Stat. § 49.278 — MO Code / Chapter 49 / Section 49.278
49.278 Governing body may provide certain benefits for county employees, procedure.
Status: in_force

49.278. Governing body may provide certain benefits for county employees, procedure. — 1. The county governing body in all counties may contribute to the cost of a plan, including a plan underwritten by insurance, for furnishing all or a part of hospitalization or medical expenses, life insurance, or similar benefits for elected officials and their employees, and to appropriate and utilize its revenues and other available funds for these purposes.

2. No contract shall be entered into by the county to purchase any insurance policy or policies pursuant to the terms of this section unless such contract shall have been submitted to competitive bidding and such contract be awarded to the lowest and best bidder.

3. The governing authority of all counties may provide, in addition to any other programs or plans, workers' compensation, health insurance, life insurance, and retirement plans for all county employees.

(L. 1983 S.B. 57, A.L. 2003 H.B. 267)
Mo. Rev. Stat. § 188.057 — MO Code / Chapter 188 / Section 188.057
188.057 Abortion prohibited after fourteen weeks gestational age, exception for ...
Status: in_force

188.057. Abortion prohibited after fourteen weeks gestational age, exception for medical emergency — violation, penalty — severability clause. — 1. Notwithstanding any other provision of law to the contrary, no abortion shall be performed or induced upon a woman at fourteen weeks gestational age or later, except in cases of medical emergency. Any person who knowingly performs or induces an abortion of an unborn child in violation of this subsection shall be guilty of a class B felony, as well as subject to suspension or revocation of his or her professional license by his or her professional licensing board. A woman upon whom an abortion is performed or induced in violation of this subsection shall not be prosecuted for a conspiracy to violate the provisions of this section.

2. It shall be an affirmative defense for any person alleged to have violated the provisions of subsection 1 of this section that the person performed or induced an abortion because of a medical emergency. The defendant shall have the burden of persuasion that the defense is more probably true than not.

3. Prosecution under this section shall bar prosecution under section * 188.056 , 188.058 , or 188.375 if prosecution under such sections would violate the provisions of Amendment V to the Constitution of the United States or Article I, Section 19 of the Constitution of Missouri.

4. If any one or more provisions, subsections, sentences, clauses, phrases, or words of this section or the application thereof to any person, circumstance, or period of gestational age is found to be unenforceable, unconstitutional, or invalid by a court of competent jurisdiction, the same is hereby declared to be severable and the balance of the section shall remain effective notwithstanding such unenforceability, unconstitutionality, or invalidity. The general assembly hereby declares that it would have passed this section, and each provision, subsection, sentence, clause, phrase, or word thereof, irrespective of the fact that any one or more provisions, subsections, sentences, clauses, phrases, or words of the section, or the application of the section to any person, circumstance, or period of gestational age, would be declared unenforceable, unconstitutional, or invalid.

(L. 2019 H.B. 126) *Word "sections" appears in original rolls.
Mo. Rev. Stat. § 243.470 — MO Code / Chapter 243 / Section 243.470
243.470 Objections to petition for consolidation may be filed — proceedings.
Status: in_force

243.470. Objections to petition for consolidation may be filed — proceedings. — 1. Any owner of real estate or other property in said proposed district objecting to the organization and incorporation of said drainage district, who did not sign the petition, shall, on or before the first day of the term of court at which the cause is to be heard, file his objection or objections to the organization and incorporation of any consolidated drainage district.

2. Such objection or objections shall be limited to a denial of the statements in the petition, and shall be heard by the court in a summary manner, without unnecessary delay, and if the petition is signed by the owners of a majority of the acreage of land in the proposed consolidated district, then it will be the duty of the court to grant the prayer of the petition and organize and incorporate the district as in the case of organizing and incorporating a district in the first instance under sections 242.010 to 242.690 . But if such petition shall be signed only by the owners of less than one-half of the acres of land in such district or districts, then it shall be discretionary with the court whether the prayer of the petition be or be not granted. If the said petition be verified by one or more signers, it shall be prima facie evidence of the statements and allegations therein contained. Any person having signed the petition shall have no right to have said proceedings dismissed as to him without the written consent of the majority in acreage of the owners who signed the petition. The petition may be amended as any other pleading.

3. Within sixty days after the said district has been declared a corporation by the court, the clerk thereof shall transmit to the secretary of state a certified copy of the findings and decree of the court incorporating said district, and the same shall be filed in the office of the secretary of state in the same manner as articles of incorporation are now required to be filed under the general law concerning corporations. A copy of said findings and decree, together with a plat of the district, shall also be filed in the office of the county recorder in each of the counties having lands and other property in said district, where the same shall become a permanent record, and each such recorder shall receive a fee of one dollar for filing and preserving the same.

4. Thereafter such proceedings shall be had as is provided by sections 242.010 to 242.690 . This chapter shall not be construed to be repugnant to, in conflict with, or as repealing any other law or laws of this state relating to the organization or incorporation of levee or drainage districts; but shall be held and construed to be cumulative thereto.

(RSMo 1939 § 12448) Prior revisions: 1929 § 10858; 1919 § 4525
Mo. Rev. Stat. § 214.300 — MO Code / Chapter 214 / Section 214.300
214.300 Nonendowed cemetery may qualify as endowed, when — minimum care and ...
Status: in_force

214.300. Nonendowed cemetery may qualify as endowed, when — minimum care and maintenance fund to be established. — Any cemetery operator may, after October 13, 1961, qualify to operate a cemetery which has been operated as a nonendowed cemetery for a minimum of two years, as an endowed care cemetery by:

(1) So electing in compliance with section 214.280 ;

(2) Establishing an endowed care trust fund in cash of one thousand dollars for each acre in said cemetery with a minimum of five thousand dollars and a maximum of twenty-five thousand dollars;

(3) Filing the report required by section 214.340 .

(L. 1961 p. 538 § 12, A.L. 1994 S.B. 496, A.L. 2010 H.B. 1692, et al. merged with H.B. 2226, et al. merged with S.B. 754)
Mo. Rev. Stat. § 115.419 — MO Code / Chapter 115 / Section 115.419
115.419 Sample ballots, cards to be delivered to the polls, when.
Status: in_force

115.419. Sample ballots, cards to be delivered to the polls, when. — Before the time fixed by law for the opening of the polls, the election authority shall deliver to each polling place a sufficient number of sample ballots and ballot cards which shall be a different color but otherwise exact copies of the official ballot. The samples shall be printed in the form of a diagram, showing the form of the ballot or the front of the marking device or voting machine as it will appear on election day. The secretary of state may develop multilingual sample ballots to be made available to election authorities.

(L. 1977 H.B. 101 § 11.025, A.L. 2002 S.B. 675, A.L. 2013 S.B. 99)
Mo. Rev. Stat. § 105.330 — MO Code / Chapter 105 / Section 105.330
105.330 Agreements with bistate instrumentality, how made.
Status: in_force

105.330. Agreements with bistate instrumentality, how made. — Any instrumentality jointly created by this state and any other state or states is hereby authorized upon the granting of like authority by such other state or states:

(1) To enter into an agreement with the Commissioner of the Social Security Administration whereby the benefits of the federal old age and survivors insurance system shall be extended to employees of such instrumentality;

(2) To require its employees to pay, and for that purpose deduct from their wages, contributions equal to the amounts which they would be required to pay under section 105.340 , subsection 1, if they were covered by an agreement made pursuant to section 105.310 ;

(3) To make payments to the Secretary of the Treasury in accordance with such agreement, including payments from its own funds, and otherwise to comply with such agreements. Such agreement, to the extent practicable, shall be consistent with the provisions of sections 105.300 to 105.430.

(L. 1951 p. 788 § 3, A.L. 1955 p. 729, A.L. 2018 S.B. 975 & 1024 Revision)
Mo. Rev. Stat. § 105.489 — MO Code / Chapter 105 / Section 105.489
105.489 Financial interest statements — to be kept with filing officer.
Status: in_force

105.489. Financial interest statements — to be kept with filing officer. — The financial interest statements required to be filed pursuant to the provisions of sections 105.483 to 105.492 , other than pursuant to subsection 4 of section 105.485 , shall be filed with the appropriate filing officer or officers. For the purpose of sections 105.483 to 105.492 , the term "filing officer" is defined as:

(1) In the case of state elected officials and candidates for such office, and all other state officials and employees, the filing officer is the commission;

(2) In the case of judges of courts of law, the filing officer shall be the clerk of the supreme court. Financial interest statements filed by judges shall be made available for public inspection unless otherwise provided by supreme court rule;

(3) In the case of persons holding elective office in any political subdivision and candidates for such offices, and in the case of all other officers or employees of a political subdivision, the filing officer shall be the commission.

(L. 1990 H.B. 1650 & 1565 § 4, A.L. 1991 S.B. 262) Effective 1-01-92
Mo. Rev. Stat. § 70.510 — MO Code / Chapter 70 / Section 70.510
70.510 Expiration of compact, when.
Status: in_force

70.510. Expiration of compact, when. — The provisions of sections 70.500 to 70.510 shall expire upon nullification and voidance of the Kansas and Missouri metropolitan culture district compact pursuant to either Article IX or Article X of the compact, enacted in section 70.500 .

(L. 1993 H.B. 759 & 772 § 5)
Mo. Rev. Stat. § 59.290 — MO Code / Chapter 59 / Section 59.290
59.290 Deputies — appointment — qualifications — compensation (second class counties).
Status: in_force

59.290. Deputies — appointment — qualifications — compensation (second class counties). — The recorder of deeds, in counties of the second class, is entitled to appoint the deputies that the recorder of deeds, with the approval of the county commission, deems necessary for the prompt and proper discharge of the duties of his office. The deputies shall possess the qualifications of clerks of courts of record, and may, in the name of their principal, perform the duties of the recorder of deeds, but all recorders of deeds and their sureties are responsible for the official conduct of their deputies. The deputies, appointed as herein provided, shall receive the salaries that are fixed by the recorder of deeds, with the approval of the county commission. The appointment of every deputy shall be in writing, endorsed with an oath of office, similar to that taken by the recorder and subscribed to by the deputy appointed, and filed by the recorder of deeds with the county commission.

(L. 1945 p. 1560 § 3, A.L. 1959 S.B. 70)
Mo. Rev. Stat. § 321.495 — MO Code / Chapter 321 / Section 321.495
321.495 Form of petition.
Status: in_force

321.495. Form of petition. — 1. A petition for a referendum shall be in substantially the following form:

2. Every sheet for petitioners' signatures shall be attached to a full and correct copy of the title and text of the measure proposed by the initiative petition. Referendum petitions shall be attached to a full and correct copy of the measure on which the referendum is demanded.

3. Each sheet of every petition containing signatures shall be verified in substantially the following form by the person who circulated the sheet, by his affidavit thereon:

(L. 1969 H.B. 322, A.L. 1978 H.B. 971)
Mo. Rev. Stat. § 334.685 — MO Code / Chapter 334 / Section 334.685
334.685 Retirement of physical therapist assistant, affidavit.
Status: in_force

334.685. Retirement of physical therapist assistant, affidavit. — Any person licensed to practice as a physical therapist assistant in this state who retires from the practice shall file with the board an affidavit, on a form furnished by the board, which states the date on which the person retired from practice and such other information required by the board to verify such retirement. If a person reengages in practice as a physical therapy assistant after a person submits an affidavit of retirement required by this section, the person shall reapply for licensure as required by sections 334.650 to 334.685 .

(L. 1996 H.B. 999)
Mo. Rev. Stat. § 193.055 — MO Code / Chapter 193 / Section 193.055
193.055 Division of state into registration districts.
Status: in_force

193.055. Division of state into registration districts. — The state registrar may divide the state into registration districts which shall conform to political subdivisions or combinations thereof, or of parts thereof.

(L. 1984 S.B. 574)
Mo. Rev. Stat. § 483.170 — MO Code / Chapter 483 / Section 483.170
483.170 Duty of court when clerk is charged with misdemeanor in office — notice — ...
Status: in_force

483.170. Duty of court when clerk is charged with misdemeanor in office — notice — temporary clerk during suspension. — 1. When any court shall believe from its own knowledge or from information secured from others given to the court under oath or affirmation, that the clerk of the court has committed some act or acts constituting a misdemeanor in office, the court shall give notice thereof, stating the charge or charges against such clerk, to the attorney general of the state or the prosecuting attorney of the county, requiring him to prosecute the same; and such court may by order of record suspend such clerk from office until a trial upon such charge or charges can be had.

2. Pending such suspension, the court shall appoint some person possessing the qualifications required for the regular clerks of such court to act and perform the duties of the clerk of said court. Before entering upon the duties of his office such temporary clerk shall take and subscribe an oath or affirmation and give bond as required for clerks of said courts. Such temporary clerk shall possess the same powers and perform the same duties as provided for clerks of the court to which they are appointed, and shall continue in office until the regular clerk of such court shall resume his office, or his successor shall be duly elected and qualified, as the case may be.

3. Provided, however, that when the court shall prefer charges against the clerk of any court as herein provided the said clerk shall remain in possession of and continue to perform the duties of this office by giving bond to the state with at least two solvent sureties, the amount of said bond to be fixed and the bond to be approved by the chief or presiding judge of the court, conditioned that said clerk and his sureties shall pay all costs, damages and fines which may be assessed against him upon his trial; and if said clerk shall fail to furnish said bond within fifteen days after receiving notice to do so, his suspension shall become fully effective and he shall surrender up his said office to the temporary clerk.

(RSMo 1939 § 13301, A.L. 1945 p. 663, A.L. 1978 H.B. 1634) Prior revisions: 1929 § 11682; 1919 § 2126; 1909 § 2689 Effective 1-02-79
Mo. Rev. Stat. § 441.240 — MO Code / Chapter 441 / Section 441.240
441.240 Attachment for rent.
Status: in_force

441.240. Attachment for rent. — 1. Any person who shall be liable to pay rent, whether the same be due or not, or whether the same be payable in money or other thing, if the rent be due within one year thereafter, shall be liable to attachment for such rent, in the following instances:

(1) When he intends to remove his property from the leased or rented premises;

(2) When he is removing his property from the leased or rented premises;

(3) When he has, within thirty days, removed his property from the leased or rented premises;

(4) When he shall in any manner dispose of the crop, or any part thereof, grown on the leased or rented premises, so as to endanger, hinder or delay the collection of the rent;

(5) When he shall attempt to dispose of the crop, or any part thereof, grown on the leased or rented premises, so as to endanger, hinder or delay the collection of the rent;

(6) When the rent is due and unpaid, after demand thereof. Provided, if such tenant be absent from such leased premises, demand may be made of the person occupying the same.

2. The person to whom the rent is owing, or his agent, may, before an associate circuit judge or the clerk of a court of record having jurisdiction of actions by attachment in ordinary cases, of the county in which the premises lie, make an affidavit of one or more of the foregoing grounds of attachment, and that he believes unless an attachment issue plaintiff will lose his rent; and upon the filing of such affidavit, together with a statement of plaintiff's cause of action, such officer shall issue an attachment for the rent against the personal property, including the crops grown on the leased premises, but no such attachment shall issue until the plaintiff has given bond, executed by himself or by some responsible person for him, as principal, in double the amount sued for, with good security, to the defendant to indemnify him if it appear that the attachment has been wrongfully obtained; provided, if any person shall buy any crop grown on demised premises upon which any rent is unpaid, and such purchaser has knowledge of the fact that such crop was grown on demised premises, he shall be liable in an action for the value thereof, to any party entitled thereto, or may be subject to garnishment at law in any suit against the tenant for the recovery of the rent.

(RSMo 1939 § 2986, A.L. 1945 p. 1107) Prior revisions: 1929 § 2599; 1919 § 6893; 1909 § 7896 CROSS REFERENCE: Attachment, generally, Chap. 521 (1993) Landlord's lien on tenant's crops attach in year crops sprout, rather than in year crops are harvested and sold. Lien for 1989 rent attached to crops planted in 1989 and harvested in 1990. Jenkins v. Missouri Farmers Association, Inc., 851 S.W.2d 542 (Mo. App. W.D.).