FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 404.610 — MO Code / Chapter 404 / Section 404.610
404.610 Liability to third persons.
Status: in_force

404.610. Liability to third persons. — 1. A claim based on: (i) a contract entered into by a personal custodian acting in a custodial capacity, (ii) an obligation arising from the ownership or control of custodial property, or (iii) a tort committed during the personal custodianship, may be asserted against the custodial property by proceeding against the personal custodian in the custodial capacity.

2. A personal custodian is not personally liable:

(1) On a contract properly entered into in the custodial capacity unless the personal custodian fails to reveal that capacity and to identify the personal custodianship in the contract; or

(2) For an obligation arising from control of custodial property or for a tort committed during the personal custodianship unless the personal custodian is personally at fault.

3. A beneficiary is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the personal custodianship unless the beneficiary is personally at fault.

(L. 1986 S.B. 651 § 10)
Mo. Rev. Stat. § 359.261 — MO Code / Chapter 359 / Section 359.261
359.261 Contributions of a general partner — one person both a general and limited ...
Status: in_force

359.261. Contributions of a general partner — one person both a general and limited partner. — A general partner of a limited partnership may make contributions to the partnership and share in the profits and losses of, and in distributions from, the limited partnership as a general partner. A general partner also may make contributions to and share in profits, losses, and distributions as a limited partner. A person who is both a general partner and a limited partner has the rights and powers, and is subject to the restrictions and liabilities, of a general partner and, except as provided in the partnership agreement, also has the powers, and is subject to the restrictions, of a limited partner to the extent of his participation in the partnership as a limited partner.

(L. 1985 H.B. 512 & 650) Effective 1-01-87
Mo. Rev. Stat. § 490.700 — MO Code / Chapter 490 / Section 490.700
490.700 Courts to take judicial notice of population.
Status: in_force

490.700. Courts to take judicial notice of population. — The courts of this state shall take judicial notice, without proof, of the population of all cities in this state according to the last enumeration of the inhabitants thereof, state, federal or municipal, made under or pursuant to any law of this state or of the United States.

(RSMo 1939 § 7600) Prior revisions: 1929 § 7457; 1919 § 8868; 1909 § 9717
Mo. Rev. Stat. § 34.043 — MO Code / Chapter 34 / Section 34.043
34.043 Competitive bidding — waiver of permitted, when.
Status: in_force

34.043. Competitive bidding — waiver of permitted, when. — The commissioner of administration may waive competitive bids for the purchase of supplies for the purpose of resale to the general public in concession operations controlled by the state.

(L. 1990 S.B. 808 & 672 § 5)
Mo. Rev. Stat. § 137.070 — MO Code / Chapter 137 / Section 137.070
137.070 Apportionment in counties having township organization.
Status: in_force

137.070. Apportionment in counties having township organization. — In all counties in this state which have now or may hereafter adopt township organization, if the amount of revenue desired and estimated by the county commission for county purposes and the amount desired and estimated by any township board for township purposes shall together exceed the rate percent on the one hundred dollars valuation allowed by Section 11 of Article X of the Constitution of Missouri for county purposes, then it shall be the duty of the county commission to apportion the tax for county purposes between the county organization and the township organization in the following manner, to wit: Eighty percent of the taxes which may be legally levied for county purposes shall be apportioned to the county organization for county purposes, and twenty percent of such taxes shall be apportioned to the township organization for the purposes provided by section 65.360 of the township organization law, as specified by the township board; but the combined rate for both the county and township organizations shall not exceed the maximum rate provided by the constitution.

(RSMo 1939 § 11047, A.L. 1945 p. 1778) Prior revisions: 1929 § 9875; 1919 § 12867; 1909 § 11424
Mo. Rev. Stat. § 332.311 — MO Code / Chapter 332 / Section 332.311
332.311 Dental hygienist to practice under dentist supervision only — no ...
Status: in_force

332.311. Dental hygienist to practice under dentist supervision only — no supervision required for fluoride treatments, teeth cleaning and sealants. — 1. Except as provided in subsection 2 of this section, a duly registered and currently licensed dental hygienist may only practice as a dental hygienist so long as the dental hygienist is employed by a dentist who is duly registered and currently licensed in Missouri, or as an employee of such other person or entity approved by the board in accordance with rules promulgated by the board. In accordance with this chapter and the rules promulgated by the board pursuant thereto, a dental hygienist shall only practice under the supervision of a dentist who is duly registered and currently licensed in Missouri, except as provided in subsection 2 of this section.

2. A duly registered and currently licensed dental hygienist who has been in practice at least three years and who is practicing in a public health setting may provide fluoride treatments, teeth cleaning and sealants, if appropriate, to children who are eligible for medical assistance, pursuant to chapter 208 , without the supervision of a dentist. Medicaid shall reimburse any eligible provider who provides fluoride treatments, teeth cleaning, and sealants to eligible children. Those public health settings in which a dental hygienist may practice without the supervision of a dentist shall be established jointly by the department of health and senior services and by the Missouri dental board by rule.

(L. 1969 S.B. 97, A.L. 1997 S.B. 141, A.L. 2001 H.B. 567 merged with S.B. 393, A.L. 2006 S.B. 828)
Mo. Rev. Stat. § 94.190 — MO Code / Chapter 94 / Section 94.190
94.190 Assessment of property — county clerk to deliver abstract — lien for taxes.
Status: in_force

94.190. Assessment of property — county clerk to deliver abstract — lien for taxes. — 1. In cities of the fourth class, the city assessor, jointly with the county assessor, shall assess all real and personal property in the city, and the assessment so made, after being passed upon by the board of equalization, shall be the basis upon which the board of aldermen shall make the levy for city purposes.

2. The assessments of city property made by the city and county assessors shall conform to each other and after the board of equalization has passed upon and equalized the assessment, the city assessor's books shall be corrected in red ink in accordance with the changes made by the board of equalization and so certified by the board and returned to the board of aldermen.

3. In cities which do not elect an assessor, the county clerk shall deliver to the mayor, on or before the first day of October of each year, a certified abstract from his assessment books of all property within the city subject to taxation by the state and the assessed value thereof as agreed upon by the board of equalization. The mayor shall immediately transmit the abstract to the council which shall establish by ordinance the rate of taxes for the year.

4. A lien is hereby created in favor of the city against any lot or tract of land for any such tax assessed by any such city against the lot or tract of land, which lien shall be superior to all other liens or encumbrances except the lien of the state for state, county, or school taxes.

(RSMo 1939 § 7144, A. 1949 H.B. 2042) Prior revisions: 1929 § 6994; 1919 § 8445; 1909 § 9347
Mo. Rev. Stat. § 287.570 — MO Code / Chapter 287 / Section 287.570
287.570 Contempt — penalty.
Status: in_force

287.570. Contempt — penalty. — If any person subpoenaed to appear at any hearing or proceeding, fails to obey the command of such subpoena without reasonable cause, or if any person at attendance at any hearing or proceeding shall without reasonable cause, refuse to be sworn, or to be examined, or to answer a question, or to produce a book or paper or to subscribe or swear to his deposition, he shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than five hundred dollars, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment, and may be prosecuted therefor in any court of competent jurisdiction, and in case of a continuing violation, each day's continuance thereof shall be, and deemed to be, a separate and distinct offense.

(RSMo 1939 § 3741) Prior revision: 1929 § 3351 (1959) Information charging refusal of witness to answer question held adequate, but where motion to dismiss was also based on witness' right to refuse on ground of self-incrimination, the information was properly dismissed. State v. Topel (A.), 322 S.W.2d 160.
Mo. Rev. Stat. § 64.050 — MO Code / Chapter 64 / Section 64.050
64.050 Approval of improvements (certain first class counties).
Status: in_force

64.050. Approval of improvements (certain first class counties). — From and after the adoption of the master plan or portion thereof and its proper certification and recording, then and thenceforth no improvement of a type embraced within the recommendations of the master plan shall be constructed or authorized without first submitting the proposed plans thereof to the county planning commission and receiving the written approval and recommendations of said commission; provided, however, that this requirement shall be deemed to be waived if the county planning commission fails to make its report and recommendations within forty-five days after the receipt of the proposed plans. If a development or public improvement is proposed to be located in the unincorporated territory of the county by any municipality, county, public board or commission, the disapproval or recommendations of the county planning commission may be overruled by the county commission, which shall certify its reason therefor to the planning commission.

(L. 1941 p. 481 § 5, A.L. 1945 p. 1327)
Mo. Rev. Stat. § 509.420 — MO Code / Chapter 509 / Section 509.420
509.420 What a pleading shall state as a counterclaim.
Status: in_force

509.420. What a pleading shall state as a counterclaim. — A pleading shall state as a counterclaim any claim, not the subject of a pending action, which at the time of filing the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrences that is the subject matter of the opposing party's claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction.

(L. 1943 p. 353 § 73)
Mo. Rev. Stat. § 217.364 — MO Code / Chapter 217 / Section 217.364
217.364 Offenders under treatment program, placement, rules — eligibility — use, ...
Status: in_force

217.364. Offenders under treatment program, placement, rules — eligibility — use, purpose, availability — failure to complete. — 1. The department of corrections shall establish by regulation the "Offenders Under Treatment Program". The program shall include institutional placement of certain offenders, as outlined in subsection 3 of this section, under the supervision and control of the department of corrections. The department shall establish rules determining how, when and where an offender shall be admitted into or removed from the program.

2. As used in this section, the term "offenders under treatment program" means a one-hundred-eighty-day institutional correctional program for the monitoring, control and treatment of certain substance abuse offenders and certain nonviolent offenders followed by placement on parole with continued supervision.

3. The following offenders may participate in the program as determined by the department:

(1) Any nonviolent offender who has not previously been remanded to the department and who has been found guilty of violating the provisions of chapter 195 or 579 or whose substance abuse was a precipitating or contributing factor in the commission of his or her offense; or

(2) Any nonviolent offender who has pled guilty or been found guilty of a crime which did not involve the use of a weapon, and who has not previously been remanded to the department.

4. This program shall be used as an intermediate sanction by the department. The program may include education, treatment and rehabilitation programs. If an offender successfully completes the institutional phase of the program, the department shall notify the parole board within thirty days of completion. Upon notification from the department that the offender has successfully completed the program, the parole board may at its discretion release the offender on parole as authorized in subsection 1 of section 217.690.

5. The availability of space in the institutional program shall be determined by the department of corrections.

6. If the offender fails to complete the program, the offender shall be taken out of the program and shall serve the remainder of his or her sentence with the department.

7. Time spent in the program shall count as time served on the sentence.

(L. 1994 S.B. 763, A.L. 1996 S.B. 721, A.L. 2014 S.B. 491, A.L. 2021 S.B. 26 merged with S.B. 53 & 60)
Mo. Rev. Stat. § 221.420 — MO Code / Chapter 221 / Section 221.420
221.420 Use of regional jail, purpose — county may keep its own jail.
Status: in_force

221.420. Use of regional jail, purpose — county may keep its own jail. — 1. The regional jail established under sections 221.400 to 221.420 may be used to hold prisoners who have pled guilty or been found guilty or prisoners who are being held prior to or during trial.

2. Each county within the regional jail district may keep its own jail for holding any prisoners who have pled guilty or been found guilty or who are being held prior to or during trial.

(L. 1994 S.B. 520) Effective 7-6-94
Mo. Rev. Stat. § 227.320 — MO Code / Chapter 227 / Section 227.320
227.320 Franklin Street designated for portion of Highway 47 in the city of Washington.
Status: in_force

227.320. Franklin Street designated for portion of Highway 47 in the city of Washington. — The portion of the state highway system which was designated as Highway 47 as of January 1, 2009, within the limits of the city of Washington shall be designated and known as "Franklin Street" and shall not be designated as a numbered state highway.

(L. 2009 H.B. 91 merged with H.B. 683)
Mo. Rev. Stat. § 293.050 — MO Code / Chapter 293 / Section 293.050
293.050 Hours of work — safety rules — posting of law and rules.
Status: in_force

293.050. Hours of work — safety rules — posting of law and rules. — 1. It is unlawful for any operator engaged in mining or prospecting for minerals to work any employee at such labor longer than eight hours in a day of twenty-four hours, without his consent, and it is declared that eight hours constitute a day for any employee engaged in such labor.

2. It is the duty of operators and employees to comply with the provisions of this chapter and to cooperate with the division of mine inspection in carrying out its provisions. Reasonable safety rules and regulations for the protection of employees and preservation of property that are in harmony with the provisions of this chapter shall be complied with.

3. For the purpose of making known the provisions of this chapter and the rules and regulations authorized by this chapter, an abstract of the law and rules shall be furnished by the director and posted in conspicuous places at or near mines where they may be conveniently read by the persons there employed. It is unlawful to remove or deface such abstract, and so often as they become obliterated or destroyed, the operator shall cause them to be renewed.

(L. 1959 S.B. 188 § 7)
Mo. Rev. Stat. § 305.125 — MO Code / Chapter 305 / Section 305.125
305.125 Refusal to submit to test, effect, penalties.
Status: in_force

305.125. Refusal to submit to test, effect, penalties. — If a person refuses upon the request of the officer to submit to a chemical test under section 577.041 , then no test shall be given. Any refusal to submit to a test shall be an infraction which may be punished by a fine of up to one thousand dollars. The officer shall inform the person that his or her failure to submit to the test may result in a fine and administrative penalties by the Federal Aviation Administration.

(L. 1993 H.B. 562 § 10 subsec. 1, A.L. 2014 S.B. 491) Transferred 2014; formerly 577.217; Effective 1-01-17
Mo. Rev. Stat. § 263.050 — MO Code / Chapter 263 / Section 263.050
263.050 Inspection, enforce quarantine regulations — power to call meetings — ...
Status: in_force

263.050. Inspection, enforce quarantine regulations — power to call meetings — rulemaking, procedure. — The state entomologist may conduct such inspections and promulgate and enforce such quarantine rules as may be necessary in carrying out the provisions of sections 263.010 to 263.180 . The state entomologist may call to any of his meetings any person or persons who in his judgment possesses information of value in carrying out the provisions of sections 263.010 to 263.180 , and necessary traveling expenses of such person or persons may be paid from the funds appropriated to the department. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024 .

(RSMo 1939 § 14037, A.L. 1984 S.B. 516, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3) Prior revision: 1929 § 12370
Mo. Rev. Stat. § 293.660 — MO Code / Chapter 293 / Section 293.660
293.660 Inspection of mines, when — rights and duties of inspectors — reports.
Status: in_force

293.660. Inspection of mines, when — rights and duties of inspectors — reports. — 1. Each mine in this state shall be examined by a mine inspector at least twice in every calendar year, and more frequently if it is deemed necessary or desirable in order to enforce the provisions and fulfill the intent of this chapter.

2. Mine inspectors shall make examinations of all mines to determine that applicable requirements of this chapter are strictly observed and enforced. Mine inspectors may enter and inspect mines at all reasonable times, day or night, but so as not to obstruct or hinder the necessary operations of any mine. The operator of the mine is required to furnish all necessary facilities for its entry and inspection; and if the operator refuses to permit or furnish these necessary facilities, the mine inspector shall file his affidavit setting forth such refusal before the judge of the circuit court in the county in which the mine is located, and obtain an order on the operator commanding the operator to permit and furnish facilities for inspection of the mine, or to be adjudged to stand in contempt of court and punished accordingly.

3. Mine inspectors shall examine into the state of mines as to escapements, transportation, ventilation, circulation, and conditions of air, electricity, explosives, roof control, drainage, mine operations and practices, and general security; and perform such other duties as are required by the director.

4. The director shall require mine inspectors to submit to him a report of all examinations of mines, the form and content of which shall be prescribed by the director.

(L. 1959 S.B. 188 § 8)
Mo. Rev. Stat. § 90.101 — MO Code / Chapter 90 / Section 90.101
90.101 Numbers of commissioners — vacancy in board of commissioners, how filled.
Status: in_force

90.101. Numbers of commissioners — vacancy in board of commissioners, how filled. — 1. Notwithstanding any law to the contrary, the board of commissioners of Tower Grove Park shall have the authority to adjust the size of its membership, provided that any such adjustment shall be approved by a majority vote of the board members.

2. Notwithstanding any law to the contrary, in case of any vacancy occurring in the membership of the board of commissioners of Tower Grove Park from death, resignation, or disqualification to act, the vacancy shall be filled by appointment from the remaining members of the board, or a majority of them, for the balance of the term then vacant, and all vacancies caused by the expiration of the term of office shall be filled by appointment from the judges of the supreme court of the state of Missouri, or a majority of them or if said judges are unable or unwilling to so act, which shall be presumed by their failure to act within thirty days following delivery to the court of a slate of appointees, by the majority vote of the remaining board members.

(L. 1998 H.B. 1158 § 1, A.L. 2011 H.B. 142 merged with H.B. 464) (Source: RSMo 1939 § 15735)
Mo. Rev. Stat. § 196.939 — MO Code / Chapter 196 / Section 196.939
196.939 Rules and regulations — inspection by political subdivisions prohibited, ...
Status: in_force

196.939. Rules and regulations — inspection by political subdivisions prohibited, exceptions — hearings, notice — rules, procedure. — 1. The state milk board shall promulgate, adopt, and file with the secretary of state as prescribed by law such regulations as deemed necessary for the purpose of sections 196.931 to 196.953 . Such regulations shall be enforced by the state milk board through either contractual agreements with political subdivisions of the state or employees of the state milk board. The adoption of regulations for the purpose of establishing a milk inspection program other than one under contractual agreement with the state milk board by any political subdivision is prohibited. Milk inspection by any political subdivision of the state except under contractual arrangements with the board is prohibited; provided the duly authorized official of any political subdivision of this state may take samples of such products which have been moved into, distributed within, or sold within the boundaries of such political subdivisions of this state for the sole purpose of determining that such milk and milk products comply with the standards developed by the state milk board. Nothing in sections 196.931 to 196.959 shall be construed as prohibiting any epidemiological investigations by the proper authorities of any political subdivision. A public hearing shall be held prior to the adoption of any regulation or modification thereof, upon notice published at least thirty days prior to the public hearings. At the public hearing, any person shall be permitted to appear and to be heard on the proposed regulations or modifications thereof. The standards of a regulation may exceed but shall not be less than those contained in the current edition of the Grade A Pasteurized Milk Ordinance of the United States Public Health Service as it exists or as it may be amended. The board may employ an executive secretary and adequate staff for administering sections 196.931 to 196.959 , the cost of which shall be paid from the milk inspection fee fund.

2. No rule or portion of a rule promulgated under the authority of sections 196.931 to 196.959 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024 .

(L. 1972 H.B. 1280 § 6, A.L. 1993 S.B. 52, A.L. 1994 S.B. 546, A.L. 1995 S.B. 3)