FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 281.060 — MO Code / Chapter 281 / Section 281.060
281.060 Sanctioning of license, when — civil penalty, when, amount, enforcement of.
Status: in_force

281.060. Sanctioning of license, when — civil penalty, when, amount, enforcement of. — 1. The director, after inquiry, and after opportunity for a hearing, may deny, suspend, revoke, or modify the provisions of any license or certification issued under sections 281.010 to 281.115 , if the director finds that the applicant or the holder of a license or certification has violated any provision of sections 281.010 to 281.115 , or any regulation issued thereunder, or has been convicted or subject to a final order imposing a civil or criminal penalty pursuant to the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), as amended, or has been convicted, or is the subject of prosecution, in this state or in any state or protectorate of the United States, or has had a pesticide applicator license or certificate denied, suspended, revoked or modified by any state or protectorate of the United States, or the person has been finally adjudicated and found guilty, or entered a plea of guilty or nolo contendere, in a criminal prosecution under the laws of any state or of the United States, for any offense reasonably related to the qualifications, functions, or duties of any profession licensed or regulated under sections 281.010 to 281.115 , for any offense an essential element of which is fraud, dishonesty, or an act of violence, or for any offense involving moral turpitude, whether or not sentence is imposed. Licensed certified applicators, licensed noncertified RUP applicators, licensed pesticide technicians, and licensed pesticide dealers shall notify the department within ten days of any conviction of or plea to any offense listed in this section.

2. If the director determines, after inquiry and opportunity for a hearing, that any person is in violation of any provision of sections 281.010 to 281.115 , or any regulations issued thereunder, the director shall have the authority to assess a civil penalty of not more than one thousand dollars for each violation, and in addition, may order that restitution be made to any person.

3. In the event that a person penalized or ordered to pay restitution under this section fails to pay the penalty or restitution, the director may apply to the circuit court of Cole County for, and the court is authorized to enter, an order enforcing the assessed penalty or restitution.

(L. 1974 S.B. 431 § 11, A.L. 1977 H.B. 665, A.L. 1988 H.B. 1384, A.L. 2021 H.B. 476 merged with S.B. 26) Effective 1-01-25, see § 281.102
Mo. Rev. Stat. § 393.080 — MO Code / Chapter 393 / Section 393.080
393.080 Cost of proceeding — how paid.
Status: in_force

393.080. Cost of proceeding — how paid. — The cost of the proceeding to appropriate the property as aforesaid shall be paid by the corporation, company or individual seeking the appropriation, up to and including the filing and copying of the report of the commissioners, and the court, as to any cost made by any subsequent litigation, may make such order as in its discretion may be deemed just. The court shall allow the commissioners a reasonable compensation for their services, which shall be taxed as costs in the proceedings.

(RSMo 1939 § 5377, A.L. 1943 p. 410 § 161) Prior revisions: 1929 § 4970; 1919 § 10180; 1909 § 3374
Mo. Rev. Stat. § 570.053 — MO Code / Chapter 570 / Section 570.053
570.053 Feigned blindness — penalty.
Status: in_force

570.053. Feigned blindness — penalty. — 1. A person commits the offense of feigned blindness if he or she simulates blindness or pretends to be a blind person with the purpose of obtaining something of value from another person by deceit.

2. The offense of feigned blindness is a class A misdemeanor.

(L. 1983 H.B. 703 § 1, A.L. 2014 S.B. 491) Transferred 2014; formerly 578.075; Effective 1-01-17
Mo. Rev. Stat. § 407.819 — MO Code / Chapter 407 / Section 407.819
407.819 Successor manufacturer, restrictions on line-make franchise offers — fair ...
Status: in_force

407.819. Successor manufacturer, restrictions on line-make franchise offers — fair market value calculation. — 1. Notwithstanding any provision in a franchise to the contrary, no successor manufacturer shall, for a period of two years from the date of acquisition of control by that successor manufacturer of a line-make from a predecessor manufacturer, offer a franchise to any person for a line-make of a predecessor manufacturer in any portion of the relevant market area in which the predecessor manufacturer previously cancelled, terminated, noncontinued, failed to renew, or otherwise ended a franchise agreement with a franchisee who had a franchise facility in that relevant market area without first offering the franchise to the former franchisee at no cost, unless:

(1) Within sixty days of the former franchisee's cancellation, termination, noncontinuance, or nonrenewal, the predecessor manufacturer had consolidated the line-make with another of its line-makes for which the predecessor manufacturer had a franchisee with a then-existing franchise facility in that relevant market area;

(2) The successor manufacturer has paid the former franchisee the fair market value of the former franchisee's motor vehicle dealership in accordance with this section;

(3) The predecessor manufacturer successfully terminated the former franchisee under subdivision (5) of section 407.825 .

2. For purposes of this section, the fair market value of a former franchisee's motor vehicle dealership shall be calculated as of the date of the following that yields the highest fair market value: the date the predecessor manufacturer announced the action that resulted in the cancellation, termination, noncontinuance, or nonrenewal; the date the action that resulted in cancellation, termination, noncontinuance, or nonrenewal became final; or the date twelve months prior to the date that the predecessor manufacturer announced the action that resulted in the cancellation, termination, noncontinuance, or nonrenewal.

(L. 2010 H.B. 2198)
Mo. Rev. Stat. § 86.567 — MO Code / Chapter 86 / Section 86.567
86.567 Pensioners may be recalled to duty in an emergency.
Status: in_force

86.567. Pensioners may be recalled to duty in an emergency. — The board of police commissioners shall have the right to recall any person receiving a pension under sections 86.510 to 86.577 to active duty in an emergency, said person to receive full pay for the rank in which he may serve, but such person shall not be entitled to any payments out of such pension fund while serving on active duty.

(RSMo 1939 § 9493)
Mo. Rev. Stat. § 421.025 — MO Code / Chapter 421 / Section 421.025
421.025 Resale of bedding, previously used material label required.
Status: in_force

421.025. Resale of bedding, previously used material label required. — The repairer or renovator of any bedding which is subsequently sold shall affix the previously used material label, which shall be attached to the article before delivery to the owner.

(L. 1999 H.B. 316, et al. § 11)
Mo. Rev. Stat. § 409.605 — MO Code / Chapter 409 / Section 409.605
409.605 Definitions.
Status: in_force

409.605. Definitions. — As used in sections 409.600 to 409.630 , the following terms shall mean:

(1) "Agencies" , the department of health and senior services and the commissioner of securities;

(2) "Agent" , shall have the same meaning as in section 409.1-102 ;

(3) "Broker-dealer" , shall have the same meaning as in section 409.1-102 ;

(4) "Financial exploitation" , the wrongful or unauthorized taking, withholding, appropriation, or use of money, real property, or personal property of a qualified adult;

(5) "Immediate family member" , a spouse, child, parent, or sibling of a qualified adult;

(6) "Investment adviser" , the same meaning as under section 409.1-102 ;

(7) "Investment adviser representative" , * the same meaning as under section 409.1-102 ;

(8) "Qualified adult" :

(a) A person sixty years of age or older; or

(b) A person who:

a. Has a disability as defined in section 192.2005 ; and

b. Is between the ages of eighteen and fifty-nine;

(9) "Qualified individual" :

(a) A broker-dealer;

(b) An investment adviser; or

(c) A person associated with a broker-dealer or investment adviser who serves in a supervisory, compliance, or legal capacity as part of his or her job.

(L. 2015 S.B. 244, A.L. 2020 S.B. 599) *Words "shall have" appear here in original rolls.
Mo. Rev. Stat. § 92.760 — MO Code / Chapter 92 / Section 92.760
92.760 Notice of filing, how made, form of.
Status: in_force

*92.760. Notice of filing, how made, form of. — 1. The collector shall also cause to be prepared and mailed in an envelope with postage prepaid, within thirty days after the filing of such petition, a brief notice of the filing of the suit, to the persons named in the petition as having an interest in the parcel, according to the records of the assessor for, or otherwise known to the collector, the respective parcels of real estate described in the petition. The notices shall be sent to the addresses most likely to apprise the parties of the proceedings as provided, and in the event that any name or address does not appear on the records of the assessor, with respect to any parcel of real estate, the collector shall so state in an affidavit, giving the serial number of each parcel of real estate affected. Such affidavit shall be filed in the suit with the circuit clerk not later than sixty days after the date of the first publication of the notice of foreclosure. The failure of the collector to mail the notice as provided in this section shall invalidate any proceedings brought pursuant to the provisions of sections 92.700 to 92.920 . The failure of the collector to file the affidavit as provided in this section shall not affect the validity of any proceedings brought pursuant to the provisions of sections 92.700 to 92.920 .

2. Such notice shall be substantially as follows:

(L. 1971 H.B. 472 §§ 13, 14, A.L. 1989 H.B. 342, A.L. 2022 H.B. 1606 merged with H.B. 1662) *Revisor's Note: This section was amended by both H.B. 1606 and H.B. 1662, 2022. In 2023, H.B. 1606 was declared unconstitutional (see annotation below). The H.B. 1606 differences in language have been removed. The H.B. 1662 language remains in effect. (1979) Notice of foreclosure authorized by municipal land reutilization law through publication and a letter to last known property owner of record is not violative of due process. Collector of Revenue of the City of St. Louis v. Parcels of Land Encumbered, with Delinquent Tax Liens. (Mo.), 585 S.W.2d 486. (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. § 96.160 — MO Code / Chapter 96 / Section 96.160
96.160 Board of trustees — appointment.
Status: in_force

96.160. Board of trustees — appointment. — 1. Each facility established or operated and maintained under the provisions of sections 96.150 to 96.228 shall be governed by a board of trustees who shall serve without compensation. Each such board of trustees shall consist of five trustees, who shall be citizens of the city, unless the council shall provide by ordinance for a larger board of not more than fifteen trustees. Trustees shall be appointed by the mayor with the approval of the council and shall be chosen with reference to their fitness for such position; provided no member of the city council and no member of the immediate family of a member of the city council shall be a member of the board.

2. An ordinance providing for a larger board of trustees may provide that some or all of the trustees need not be citizens of the city, but shall be citizens of the state of Missouri.

3. Any city establishing or maintaining and operating more than one health care facility may provide by ordinance that one board of trustees shall manage and operate two or more health care facilities.

(RSMo 1939 § 7037, A.L. 1969 p. 171, A.L. 1979 S.B. 445, A.L. 2008 H.B. 1790) Prior revision: 1929 § 6891
Mo. Rev. Stat. § 192.140 — MO Code / Chapter 192 / Section 192.140
192.140 Public health nurse provided — public and private places disinfected.
Status: in_force

192.140. Public health nurse provided — public and private places disinfected. — Whenever the department of health and senior services considers it necessary to secure the aid and services of a visiting public health nurse, or to disinfect any building, residence or room in any hotel or dormitory, or other place in such city or county infected with infectious or contagious diseases, such department shall make formal written report of such fact to the county commission or mayor of any city of the second, third, or fourth class, or both such commission and mayor, and therein recommend the course of action necessary and advisable to be taken in relation thereto to prevent the spread of such infectious or contagious diseases; and in case said report is made to the mayor of any city he shall lay the same before the city council at its next meeting, and the said city council and the said county commission at its next meeting after said report has been made as aforesaid, shall consider said report and recommendation and act upon it, and such city council and county commission shall each be authorized to employ, at a fixed monthly compensation, a public health nurse, qualified for such service by registration as such according to the laws of this state, to visit any family, home, boardinghouse, dormitory or club in which is a member or members, a person or persons afflicted with a contagious or infectious disease, and upon the consent of such person or family or parent or guardian, if a minor, to assist in nursing said person and to advise such person and the persons or members of the family, boardinghouse, dormitory or club, as to the proper methods to be pursued to prevent the spread of such infectious or contagious disease, and also to authorize some other proper person or persons to visit and disinfect any building, residence, room in any hotel or dormitory or other place therein infected with such infectious or contagious disease upon the consent of the owner thereof.

(RSMo 1939 § 9756) Prior revisions: 1929 § 9036; 1919 § 5792
Mo. Rev. Stat. § 292.090 — MO Code / Chapter 292 / Section 292.090
292.090 Scaffolding — warning to those near building.
Status: in_force

292.090. Scaffolding — warning to those near building. — All scaffolds or structures used in or for the erection, repairing or taking down of any kind of building shall be well and safely supported, and of sufficient width, and so secured as to insure the safety of persons working thereon, or passing under or about the same, against the falling therein, or the falling of such materials or articles as may be used, placed or deposited thereon. All persons engaged in the erection, repairing or taking down of any kind of building shall exercise due caution and care so as to prevent injury or accident to those at work or nearby.

(RSMo 1939 § 10198) Prior revisions: 1929 § 13238; 1919 § 6802; 1909 § 7843
Mo. Rev. Stat. § 208.212 — MO Code / Chapter 208 / Section 208.212
208.212 Annuities, affect on Medicaid eligibility — rulemaking authority.
Status: in_force

208.212. Annuities, affect on Medicaid eligibility — rulemaking authority. — 1. For purposes of MO HealthNet eligibility, the stream of income from investment in annuities shall be excluded as an available resource for those annuities that:

(1) Are actuarially sound as measured against the Social Security Administration Life Expectancy Tables, as amended;

(2) Provide equal or nearly equal payments for the duration of the device and which exclude balloon-style final payments;

(3) Provide the state of Missouri secondary or contingent beneficiary status ensuring payment if the individual predeceases the duration of the annuity, in an amount equal to the MO HealthNet expenditure made by the state on the individual's behalf; and

(4) Name and pay the MO HealthNet claimant as the primary beneficiary.

2. The department shall establish a sixty month look-back period to review any investment in an annuity by an applicant for MO HealthNet benefits. If an investment in an annuity is determined by the department to have been made in anticipation of obtaining or with an intent to obtain eligibility for MO HealthNet benefits, the department shall have available all remedies and sanctions permitted under federal and state law regarding such investment. The fact that an investment in an annuity which occurred prior to August 28, 2005, does not meet the criteria established in subsection 1 of this section shall not automatically result in a disallowance of such investment.

3. The department of social services shall promulgate rules to administer the provisions of this section. Any rule or portion of a rule, as that term is defined in section 536.010 , that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028 . This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2005, shall be invalid and void.

(L. 2005 S.B. 539, A.L. 2007 S.B. 577)
Mo. Rev. Stat. § 533.190 — MO Code / Chapter 533 / Section 533.190
533.190 Suit on bond, how and by whom brought.
Status: in_force

533.190. Suit on bond, how and by whom brought. — If in any case it shall become necessary to sue upon any bond given in virtue of sections 533.010 to 533.230 , the same may be done by civil action against the obligors, jointly or severally, in the name of the party to whom the bond was given.

(RSMo 1939 § 1806) Prior revisions: 1929 § 1642; 1919 § 2090; 1909 § 2655
Mo. Rev. Stat. § 290.460 — MO Code / Chapter 290 / Section 290.460
290.460 Powers and duties of commission.
Status: in_force

290.460. Powers and duties of commission. — The commission shall carry on a continuing program of education, information, study, and community organization concerning the problems of female employees in seeking, obtaining and holding employment without discrimination on account of sex. The commission's power and duties shall include but not be limited to the following:

(1) Promote in cooperation with the federal government, state, local and private agencies and organizations, programs to eliminate discrimination in employment based solely on sex;

(2) Promote research with the view to reducing barriers based solely on sex in the hire, employment and retention of female employees;

(3) Sponsor and correlate in communities of the state, information and educational programs intended to reduce or abolish discrimination in employment based solely on sex;

(4) Recommend to the governor, from time to time, any specific proposals for legislation as may be deemed necessary and proper for the elimination in employment of discrimination based solely on sex.

(L. 1965 p. 439)
Mo. Rev. Stat. § 513.320 — MO Code / Chapter 513 / Section 513.320
513.320 In case of death, executions unexecuted to be delivered to successor.
Status: in_force

513.320. In case of death, executions unexecuted to be delivered to successor. — When any sheriff shall die, it shall be the duty of his executors or administrators to deliver over to the persons appointed or elected and qualified to succeed the deceased, all executions unexecuted; and for failure to do so, said executors or administrators, and the sureties of the testator or intestate, shall be responsible.

(RSMo 1939 § 1380) Prior revisions: 1929 § 1216; 1919 § 1667; 1909 § 2236
Mo. Rev. Stat. § 433.220 — MO Code / Chapter 433 / Section 433.220
433.220 Remedies against executors and administrators, when.
Status: in_force

433.220. Remedies against executors and administrators, when. — The remedies given by this chapter may be maintained by and against executors and administrators, in all cases where they could be maintained by or against their testators or intestates, if they were living.

(RSMo 1939 § 3339) Prior revisions: 1929 § 2952; 1919 § 12708; 1909 § 11290
Mo. Rev. Stat. § 260.1036 — MO Code / Chapter 260 / Section 260.1036
260.1036 Inapplicability to storage tanks.
Status: in_force

260.1036. Inapplicability to storage tanks. — Sections 260.1000 to 260.1039 shall not apply to aboveground or underground storage tanks as defined in section 319.100 .

(L. 2007 S.B. 54) Effective 1-01-08
Mo. Rev. Stat. § 50.070 — MO Code / Chapter 50 / Section 50.070
50.070 Tax anticipation notes may be issued in counties of first, third and fourth ...
Status: in_force

50.070. Tax anticipation notes may be issued in counties of first, third and fourth class. — The county commission in counties of class one, class three and class four may, by resolution, duly passed by a majority of the commissioners thereof, and upon order of said commission, issue negotiable notes payable in one year or less from the date of issue out of the current county revenues, respectively, to be derived from taxes or other revenues of the county of the year in which said notes are issued; but where taxes are levied for special purposes or revenues derived from special sources other than taxes resulting from a levy, the notes issued against the anticipated revenues derived therefrom shall bear a statement that the said notes are to be paid out of said special taxes or special revenues.

(L. 1945 p. 1411 § 13927a, A. 1949 H.B. 2007)
Mo. Rev. Stat. § 197.460 — MO Code / Chapter 197 / Section 197.460
197.460 Exempt persons and religious organizations.
Status: in_force

197.460. Exempt persons and religious organizations. — 1. The provisions of sections 197.400 to 197.475 shall not apply to individuals who personally provide one or more home health services if such persons are not under the direct control and doing work for and employed by a home health agency.

2. The provisions of sections 197.400 to 197.475 shall not apply to any person or organization conducting a home health agency by and for the adherents of any recognized church or religious denomination or sect for the purpose of providing services for the care or treatment of the sick or infirm who depend upon prayer or spiritual means for healing in the practice of the religion of such church or religious denomination or sect.

3. The provisions of sections 197.400 to 197.475 shall not apply to any person or other entity which provides services pursuant to subdivision (19) * of subsection 1 of section 208.152 or provides in-home services pursuant to subdivision (18) of subsection 2 of section 192.2000 .

(L. 1983 H.B. 51 § 12, A.L. 1990 S.B. 524) Effective 1-1-91 *Statutory reference to "subdivision (18)" changed to "subdivision (19)" in accordance with section 3.060 based on renumbering within section 208.152 in H.B. 1516, 2018.