FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 630.462 — MO Code / Chapter 630 / Section 630.462
630.462 Contractors for community psychiatric rehabilitation, reviews, how conducted.
Status: in_force

630.462. Contractors for community psychiatric rehabilitation, reviews, how conducted. — All department reviews of contractors for community psychiatric rehabilitation services shall be the same regardless of whether or not a provider is designated as an administrative entity pursuant to section 630.407 .

(L. 1995 H.B. 562 § 2)
Mo. Rev. Stat. § 534.290 — MO Code / Chapter 534 / Section 534.290
534.290 New tenant may maintain action, when.
Status: in_force

534.290. New tenant may maintain action, when. — Where the action of unlawful detainer is brought by a landlord against his tenant holding over after the termination of the tenancy, it shall be no defense to show that the plaintiff, before such termination, has let the premises to another person; and in case of such new letting, the new tenant after demand made in writing requiring the delivery of possession of such premises and setting forth his title, if the possession be refused, may maintain an action of unlawful detainer against the tenant holding over, if there be no such action by the landlord pending.

(RSMo 1939 § 2868) Prior revisions: 1929 § 2482; 1919 § 3030; 1909 § 7692
Mo. Rev. Stat. § 78.290 — MO Code / Chapter 78 / Section 78.290
78.290 Incumbent may be candidate.
Status: in_force

78.290. Incumbent may be candidate. — The successor of any officer so removed shall hold office during the unexpired term of his predecessor. Any person sought to be removed may be a candidate to succeed himself, and unless he requests otherwise in writing, the clerk shall place his name on the official ballot without nomination. In any such removal election the candidate receiving the highest number of votes shall be declared elected. At such election if some other person than the incumbent receives the highest number of votes, the incumbent shall thereupon be deemed removed from the office upon qualification of his successor. In case the party who receives the highest number of votes should fail to qualify within ten days after receiving notification of election, the office shall be deemed vacant. If the incumbent receives the highest number of votes he shall continue in office. The same method of removal shall be cumulative and additional to the methods heretofore provided by law.

(RSMo 1939 § 7074) Prior revisions: 1929 § 6924; 1919 § 8391
Mo. Rev. Stat. § 196.955 — MO Code / Chapter 196 / Section 196.955
196.955 Valid grade A milk permit holder may continue to sell grade A milk.
Status: in_force

196.955. Valid grade A milk permit holder may continue to sell grade A milk. — Nothing in sections 196.931 to 196.959 shall be so construed as to prohibit any grade A dairyman, who holds a valid grade A milk permit at the inception of sections 196.931 to 196.959 , to continue to sell grade A milk.

(L. 1972 H.B. 1280 § 14)
Mo. Rev. Stat. § 235.210 — MO Code / Chapter 235 / Section 235.210
235.210 Boundaries of district may be altered to include new territory — ...
Status: in_force

235.210. Boundaries of district may be altered to include new territory — annexation, procedure. — 1. The boundaries of any district organized under the provisions of this law may be changed in the manner prescribed in this section and in section 235.220 , but any change of boundaries of the district shall not impair or affect its organization or its rights in or to property, or any of its rights or privileges whatsoever; or shall it affect or impair or discharge any contract, obligation, lien or charge for or upon which it might be liable or chargeable had the change of boundaries not been made.

2. A petition for annexation of real property in an area contiguous with a street light maintenance district organized under this chapter and not located within any municipality or another street light maintenance district shall be signed by property owners who own not less than ten percent of the parcels of property within the area proposed for annexation. The petition shall be filed with the county clerk in which the district is situated and shall be addressed to the county commission. A hearing shall be held regarding the proposed annexation petition as soon as reasonably possible. If the county commission finds at the hearing that the petition is in compliance with the provisions of this section, they shall order the question to be submitted to the voters within the proposed area of annexation and within the district at a municipal, primary, or general election.

3. The question shall be submitted in substantially the following form:

4. If a majority of the votes cast on the question in the district and in the area described in the petition, respectively, are in favor of the annexation, the county commission shall by order declare the area annexed and shall describe the altered boundaries of the district. A copy of the order of the commission shall be filed within the county recorder. If a majority of the votes cast on the question in the district and in the area described in the petition, respectively, are not in favor of the annexation, such area shall not be declared annexed. No such question shall be resubmitted to the voters sooner than twelve months from the date of submission of the last question.

(L. 1947 V. I p. 452 § 21, A.L. 1967 p. 353, A.L. 2007 S.B. 22)
Mo. Rev. Stat. § 442.390 — MO Code / Chapter 442 / Section 442.390
442.390 Notice imparted from time of filing for record.
Status: in_force

442.390. Notice imparted from time of filing for record. — Every such instrument in writing, certified and recorded in the manner herein prescribed, shall, from time of filing the same with the recorder for record, impart notice to all persons of the contents thereof and all subsequent purchasers and mortgagees shall be deemed, in law and equity, to purchase with notice.

(RSMo 1939 § 3427) Prior revisions: 1929 § 3040; 1919 § 2199; 1909 § 2810 CROSS REFERENCE: Instruments recorded, though not properly certified, to impart notice, when, 490.340 (1953) While recorded sheriff's deed reciting consideration gives remote purchasers constructive notice thereof, it is not sufficient in itself to constitute notice that such consideration is inadequate. Shaeffer v. Moore (Mo.), 262 S.W.2d 854. (1959) Facts of which purchaser of property is charged with knowledge from record of title discussed. Jackson v. Klein (Mo.), 320 S.W.2d 553. (1964) Although recording of deed does not in itself operate as delivery of deed, it does create presumption or prima facie case of delivery and where plaintiff waited almost 12 years after knowledge of recordation and seven years after death of wife who joined in the deed and was an important factual witness, to bring suit to set aside deed for lack of delivery, suit was barred by laches. Rebmann v. Rebmann (Mo.), 384 S.W.2d 663. (2004) Special tax bill and resulting lien authorized by section 88.812 are not subject to recording requirement of section or to "first in time, first in right" rule of perfecting a security interest. Golden Delta Enterprises v. City of Arnold, 151 S.W.3d 119 (Mo.App.E.D.).
Mo. Rev. Stat. § 375.1122 — MO Code / Chapter 375 / Section 375.1122
375.1122 Insurer's use of broker, restrictions — financial condition statement required.
Status: in_force

375.1122. Insurer's use of broker, restrictions — financial condition statement required. — 1. An insurer shall not engage the services of any person, firm, association or corporation to act as an RB on its behalf, unless such person is licensed as required by subsection 1 of section 375.1115 .

2. An insurer may not employ an individual who is employed by an RB with which it transacts business, unless such RB is under common control with the insurer and subject to the provisions of chapter 382 .

3. The insurer shall annually obtain a copy of statements of the financial condition of each RB with which it transacts business.

(L. 1991 H.B. 385, et al. § 42) Effective 7-01-92, see § 375.1140
Mo. Rev. Stat. § 272.136 — MO Code / Chapter 272 / Section 272.136
272.136 Landowner may exceed lawful fence requirements.
Status: in_force

272.136. Landowner may exceed lawful fence requirements. — Nothing in this chapter shall prevent either of adjoining landowners from building the landowner or the landowner's neighbor's portion of a fence in excess of the lawful fence requirements prescribed by this chapter.

(L. 2001 H.B. 219 merged with S.B. 462)
Mo. Rev. Stat. § 86.1570 — MO Code / Chapter 86 / Section 86.1570
86.1570 Offset to workers' compensation payments — member's percentage defined.
Status: in_force

86.1570. Offset to workers' compensation payments — member's percentage defined. — 1. Any periodic payment, excluding payments for medical treatment, which may be paid or payable by cities under the provisions of any workers' compensation or similar law to a member or to the dependents of a member on account of any disability or death shall be offset against any benefits payable to the recipient of the workers' compensation payments from funds provided by cities under the provisions of sections 86.1310 to 86.1640 on account of the same disability or death. However, in no event shall the amount paid from funds under the provisions of sections 86.1310 to 86.1640 be less than the amount which represents the member's percentage, as defined in this section, of total benefits payable under sections 86.1310 to 86.1640 , before any offset for workers' compensation benefits.

2. Any lump sum amount, excluding payments for medical treatments, which may be paid or payable by cities under the provisions of any workers' compensation or similar law to a member or to the dependents of a member on account of any disability or death shall be offset against any benefits payable from funds provided by cities under the provisions of sections 86.1310 to 86.1640 on account of the same disability or death. The amounts by which each periodic payment made under the provisions of sections 86.1310 to 86.1640 is offset or reduced shall be computed as the periodic amount necessary to amortize as an annuity over the period of time represented by the respective workers' compensation benefits the total amount of the lump sum settlement received as a workers' compensation benefit by a beneficiary of the retirement system. Such computation shall be based upon the same interest rate and mortality assumptions as used for the retirement system at the time of such computation. However, in no event shall the amount paid from funds under the provisions of sections 86.1310 to 86.1640 be less than the amount which represents the member's percentage, as defined in this section, of total benefits payable under sections 86.1310 to 86.1640 , before any offset for workers' compensation benefits.

3. As used in this section, the term "member's percentage" shall be the fraction of which the numerator is the percentage of compensation contributed by a working member to the retirement pension system under section 86.1400 during the pay period immediately preceding such member's death or disability which created entitlement to benefits and the denominator is the sum of percentages of a member's compensation contributed by a working member under section 86.1400 and the city under section 86.1390 to the retirement pension system during such pay period. Such percentage shall identify the portion of any benefits due under the provisions of sections 86.1310 to 86.1640 which is deemed to have been provided by the member's own contributions.

(L. 2005 H.B. 323)
Mo. Rev. Stat. § 436.105 — MO Code / Chapter 436 / Section 436.105
436.105 Franchisor to have registered agent on file in office of secretary of state.
Status: in_force

436.105. Franchisor to have registered agent on file in office of secretary of state. — Any franchisor which grants a franchise to any person in this state shall have a registered agent in this state. The name and address of such registered agent shall be on file with the secretary of state's office.

(L. 1992 S.B. 661 & 620 § 6 subsec. 3)
Mo. Rev. Stat. § 392.380 — MO Code / Chapter 392 / Section 392.380
392.380 Applicability of law to competitive and transitionally competitive ...
Status: in_force

392.380. Applicability of law to competitive and transitionally competitive telecommunications companies and services. — 1. The provisions of chapter 386 and sections 392.010 to 392.360 shall be fully and equally applicable to noncompetitive telecommunications companies and services and the regulation thereof.

2. Except to the extent modified or supplemented by the specific provisions of sections 392.361 to 392.530 , the provisions of chapter 386 and sections 392.010 to 392.360 are fully and equally applicable to competitive and transitionally competitive telecommunications services and to all telecommunications companies and the regulation thereof.

(L. 1987 H.B. 360)
Mo. Rev. Stat. § 140.290 — MO Code / Chapter 140 / Section 140.290
140.290 Certificate of purchase — contents — fee — nonresidents.
Status: in_force

140.290. Certificate of purchase — contents — fee — nonresidents. — 1. After payment shall have been made the county collector shall give the purchaser a certificate in writing, to be designated as a certificate of purchase, which shall carry a numerical number and which shall describe the land so purchased, each tract or lot separately stated, the total amount of the tax, with penalty, interest and costs, and the year or years of delinquency for which said lands or lots were sold, separately stated, and the aggregate of all such taxes, penalty, interest and costs, and the sum bid on each tract.

2. If the purchaser bid for any tract or lot of land a sum in excess of the delinquent tax, penalty, interest and costs for which said tract or lot of land was sold, such excess sum shall also be noted in the certificate of purchase, in a separate column to be provided therefor. Such certificate of purchase shall also recite the name and address of the owner or reputed owner if known, and if unknown then the party or parties to whom each tract or lot of land was assessed, together with the address of such party, if known, and shall also have incorporated therein the name and address of the purchaser. Such certificate of purchase shall also contain the true date of the sale and the time when the purchaser will be entitled to a deed for said land, if not redeemed as in this chapter provided, and the rate of interest that such certificate of purchase shall bear, which rate of interest shall not exceed the sum of ten percent per annum. Such certificate shall be authenticated by the county collector, who shall record the same in a permanent record book in his office before delivery to the purchaser.

3. Such certificate shall be assignable, but no assignment thereof shall be valid unless endorsed on such certificate and acknowledged before some officer authorized to take acknowledgment of deeds and an entry of such assignment entered in the record of said certificate of purchase in the office of the county collector.

4. For each certificate of purchase issued, as a part of the cost of the sale, the purchaser shall pay to the collector the fee necessary to record such certificate of purchase in the office of the county recorder. The collector shall record the certificate of purchase before delivering such certificate of purchase to the purchaser.

5. No collector shall be authorized to issue a certificate of purchase to any nonresident of the state of Missouri, however, any nonresident as described in subsection 2 of section 140.190 may appoint an agent, and such agent shall comply with the provisions of section 140.190 pertaining to a nonresident.

6. This section shall not apply to any post-third-year tax sale, except for nonresidents as provided in subsection 5 of this section.

(RSMo 1939 § 11133, A.L. 2010 H.B. 1316, A.L. 2013 H.B. 175 merged with S.B. 248)
Mo. Rev. Stat. § 610.032 — MO Code / Chapter 610 / Section 610.032
610.032 Executive agency disclosure of closed records, purpose, procedure — ...
Status: in_force

610.032. Executive agency disclosure of closed records, purpose, procedure — executive agency defined. — 1. If an executive agency's records are closed by law, it may not disclose any information contained in such closed records in any form that would allow identification of individual persons or entities unless:

(1) Disclosure of such information is made to a person in that person's official capacity representing an executive agency and the disclosure is necessary for the requesting executive agency to perform its constitutional or statutory duties; or

(2) Disclosure is otherwise required by law.

2. Notwithstanding any other provision of law to the contrary, including, but not limited to, section 32.057 , such closed information may be disclosed pursuant to this section; however, the providing executive agency may request, as a condition of disclosing such information, that the requesting executive agency submit:

(1) The constitutional or statutory duties necessitating the disclosure of such information;

(2) The name and official capacity of the person or persons to whom such information will be disclosed;

(3) An affirmation that such information will be used only in furtherance of such constitutional or statutory duties; and

(4) The date upon which the access is requested to begin, when the request is for continuous access.

3. Any executive agency receiving such a request for closed information shall keep the request on file and shall only release such information to the person or persons listed on such request. If the request is for continuous access to such information, the executive agency shall honor the request for a period of one year from the beginning date indicated on such request. If the requesting executive agency requests such information for more than one year, the agency shall provide an updated request for closed information to the providing executive agency upon expiration of the initial request.

4. Any person receiving or releasing closed information pursuant to this section shall be subject to any laws, regulations or standards of the providing executive agency regarding the confidentiality or misuse of such information and shall be subject to any penalties provided by such laws, regulations or standards for the violation of the confidentiality or misuse of such information.

5. For the purposes of this section, "executive agency" means any administrative governmental entity created by the Constitution or statutes of this state under the executive branch, including any department, agency, board, bureau, council, commission, committee, board of regents or board of curators of any institution of higher learning supported in whole or in part by state funds, any subdivision of an executive agency, and any legally designated agent of such entity.

(L. 1994 S.B. 685) Effective 5-10-94
Mo. Rev. Stat. § 260.275 — MO Code / Chapter 260 / Section 260.275
260.275 Scrap tire site, closure plan, contents — financial assurance instrument, ...
Status: in_force

260.275. Scrap tire site, closure plan, contents — financial assurance instrument, purpose, how calculated. — 1. Each operator of a scrap tire site shall ensure that the area is properly closed upon cessation of operations. The department of natural resources may require that a closure plan be submitted with the application for a permit. The closure plan, as approved by the department, shall include at least the following:

(1) A description of how and when the area will be closed;

(2) The method of final disposition of any scrap tires remaining on the site at the time notice of closure is given to the department.

2. The operator shall notify the department at least ninety days prior to the date he expects closure to begin. No scrap tires may be received by the scrap tire site after the date closure is to begin.

3. The permittee shall provide a financial assurance instrument in such an amount and form as prescribed by the department to ensure that, upon abandonment, cessation or interruption of the operation of the site, an approved closure plan is completed. The amount of the financial assurance instrument shall be based upon the current costs of similar cleanups using data from actual scrap tire cleanup project bids received by the department to remediate scrap tire sites of similar size. If scrap tires are accumulated at a solid waste disposal area, the existing closure financial assurance instrument filed for the solid waste disposal area may be applied to the requirements of this section. Any interest that accrues to any financial assurance instrument established pursuant to this section shall remain with that instrument and shall be applied against the operator's obligation under this section until the instrument is released by the department. The director shall authorize the release of the financial assurance instrument after the department has been notified by the operator that the site has been closed, and after inspection, the department approves closure of the scrap tire site.

4. If the operator of a scrap tire site fails to properly implement the closure plan, the director shall order the operator to implement such plan, and take other steps necessary to assure the proper closure of the site pursuant to section 260.228 and this section.

5. A coal-fired electric generating facility that burns tire-derived fuel shall not be considered a scrap tire site or solid waste disposal area.

(L. 1990 S.B. 530, A.L. 1995 S.B. 60 & 112, A.L. 2005 S.B. 225, A.L. 2009 H.B. 661)
Mo. Rev. Stat. § 311.080 — MO Code / Chapter 311 / Section 311.080
311.080 Sale of liquor prohibited near schools and churches, exceptions.
Status: in_force

311.080. Sale of liquor prohibited near schools and churches, exceptions. — 1. No license shall be granted for the sale of intoxicating liquor, as defined in this chapter, within one hundred feet of any school, church or other building regularly used as a place of religious worship, unless the applicant for the license shall first obtain the consent in writing of the board of alderman, city council, or other proper authorities of any incorporated city, town, or village, except that when a school, church or place of worship shall hereafter be established within one hundred feet of any place of business licensed to sell intoxicating liquor, the license shall not be denied for this reason. Such consent shall not be granted until at least ten days' written notice has been provided to all owners of property within one hundred feet of the proposed licensed premises.

2. The board of aldermen, city council or other proper authorities of any incorporated city, town or village may by ordinance prohibit the granting of a license for the sale of intoxicating liquor within a distance as great as three hundred feet of any school, church, or other building regularly used as a place of religious worship. In such cases, and where the ordinance has been lawfully enacted, no license of any character shall be issued in conflict with the ordinance while it is in effect; except, that when a school, church or place of worship is established within the prohibited distance from any place of business licensed to sell intoxicating liquor, the license shall not be denied for this reason.

3. Subsection 1 of this section shall not apply to a license issued by the supervisor of alcohol and tobacco control for the sale of intoxicating liquor pursuant to section 311.218 or to a license issued to any church, school, civic, service, fraternal, veteran, political, or charitable club or organization which has obtained an exemption from the payment of federal taxes.

4. Subsection 1 of this section shall not apply to any premises holding a license issued before January 1, 2004, by the supervisor of alcohol and tobacco control for the sale of intoxicating liquor. To retain a license under this subsection, the licensed premises shall not change license type, amend the legal description, or be without a liquor license for more than ninety days.

(RSMo 1939 § 4948, A.L. 1959 H.B. 139, A.L. 2003 S.B. 298, A.L. 2005 S.B. 262)