FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 621.193 — MO Code / Chapter 621 / Section 621.193
621.193 Decision of commission to be upheld, when.
Status: in_force

621.193. Decision of commission to be upheld, when. — In cases reviewable under the provisions of section 621.189 , the decision of the administrative hearing commission shall be upheld when authorized by law and supported by competent and substantial evidence upon the whole record, if a mandatory procedural safeguard is not violated and if the approval or disapproval of the exercise of authority in question by the administrative hearing commission does not create a result or results clearly contrary to that which the court concludes were the reasonable expectations of the general assembly at the time such authority was delegated to the agency.

(L. 1978 S.B. 661)
Mo. Rev. Stat. § 50.1175 — MO Code / Chapter 50 / Section 50.1175
50.1175 Pension benefits and retirement allowances, exempt from attachment, ...
Status: in_force

50.1175. Pension benefits and retirement allowances, exempt from attachment, garnishment and other processes — exception, child support and maintenance. — The right of a person to an annuity, pension benefit, funds, retirement allowance, right to a return on accumulated contributions, allowance options, property, or right created by or accrued, accruing or paid to any person pursuant to sections 50.1000 to 50.1300 , including any defined contribution account created pursuant to sections 50.1210 to 50.1260 and any deferred compensation plan created pursuant to section 50.1300 shall not be subject to execution, garnishment, attachment, writ of sequestration, the operation of bankruptcy or insolvency laws, a qualified domestic relations order as defined in 26 U.S.C. Section 414(p) or 29 U.S.C. Section 1056(d), or any other domestic relations order or to any other claim or process of law whatsoever except for the collection of child support and maintenance after a member begins receiving payments, and shall be unassignable except as specifically provided in sections 50.1000 to 50.1300 .

(L. 2000 H.B. 1808) Effective 7-01-00
Mo. Rev. Stat. § 469.010 — MO Code / Chapter 469 / Section 469.010
469.010 General rule, effect of disclaimer.
Status: in_force

469.010. General rule, effect of disclaimer. — Any individual to whom property or an interest therein is donatively transferred by any means, including a transfer resulting from another disclaimer, may disclaim all or any portion of the transfer. Unless the terms of the transfer otherwise provide, the disclaimer shall cause the terms of the transfer to be applied to the disclaimed transfer and to any future interests taking effect thereafter as if the disclaimant had died immediately before the transfer. The presumption of a disclaimant's death does not prevent recognition of the disclaimant's later born children and their issue, assuming they have rights after all proper acceleration has taken place, nor does it prevent recognition of future and other interests of the disclaimant which are not disclaimed. For all purposes the disclaimed interest is deemed to have passed directly from the transferor to the ultimate taker or takers and is not subject to the claim of any creditor of the disclaimant. A disclaimed portion of a transfer passes to the same ultimate taker or takers and in the same proportions as in the case of a disclaimer of all of the transfer.

(L. 1997 S.B. 265)
Mo. Rev. Stat. § 254.220 — MO Code / Chapter 254 / Section 254.220
254.220 Removal from classification by owner, payments required.
Status: in_force

254.220. Removal from classification by owner, payments required. — In the event an owner of forest croplands may desire to remove his land from classification, he may do so by making reimbursement to the commission in a manner as the director of revenue shall prescribe for the grant which was paid by the commission to the county in lieu of taxes on this land while so classified, plus a penalty equivalent to five percent interest thereon.

(L. 1945 p. 672 § 11a, A.L. 1974 H.B. 1210, A.L. 1981 H.B. 308)
Mo. Rev. Stat. § 444.905 — MO Code / Chapter 444 / Section 444.905
444.905 Severability — rights retained — replacement of water — explosives regulations.
Status: in_force

444.905. Severability — rights retained — replacement of water — explosives regulations. — 1. If any provision of this law or the applicability thereof to any person or circumstance is held invalid, the remainder of this law and the application of such provision to other persons or circumstances shall not be affected thereby.

2. Nothing in this law shall be construed as affecting in any way the right of any person to enforce or protect, under applicable law, his interest in water resources affected by a surface coal mining operation.

3. The operator of a surface coal mine shall replace the water supply of an owner of interest in real property who obtains all or part of his supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source where such supply has been affected by contamination, diminution, or interruption proximately resulting from such surface coal mine operation.

4. In accordance with this law, the commission shall promulgate regulations requiring the training, examination, and certification of persons engaging in or directly responsible for blasting or use of explosives in surface coal mining operations.

(L. 1979 H.B. 459)
Mo. Rev. Stat. § 58.560 — MO Code / Chapter 58 / Section 58.560
58.560 Surgeon's fee for postmortem examination, how paid.
Status: in_force

58.560. Surgeon's fee for postmortem examination, how paid. — When a physician, surgeon or pathologist shall be called on by the coroner, or any associate circuit judge of the county acting as the coroner, to conduct a postmortem examination, the county commission of said county shall be authorized to allow such physician, surgeon, or pathologist to be paid out of the county treasury, such fees or compensation as shall be deemed by said commission to be just and reasonable.

(RSMo 1939 § 13250, A.L. 1949 p. 298) Prior revisions: 1929 § 11631; 1919 § 5939; 1909 § 2944
Mo. Rev. Stat. § 64.620 — MO Code / Chapter 64 / Section 64.620
64.620 Building restrictions — limitations on regulations (second and third class ...
Status: in_force

64.620. Building restrictions — limitations on regulations (second and third class counties). — 1. For the purpose of promoting health, safety, morals, comfort or the general welfare of the unincorporated portion of counties of the second or third class to conserve and protect property and building values, to secure the most economical use of the land, and to facilitate the adequate provision of public improvements all in accordance with a comprehensive plan, the county commission of any county to which sections 64.510 to 64.690 are applicable as provided in section 64.510 shall have power after approval by vote of the people as provided in section 64.530 to regulate and restrict, by order of record, in the unincorporated portions of the county, the height, number of stories, and size of buildings, the percentage of lots that may be occupied, the size of yards, courts and other open spaces, the density of population, the location and use of buildings, structures and land for trade, industry, residence or other purposes, including areas for agriculture, forestry, and recreation.

2. The provisions of this section shall not apply to the incorporated portions of the counties, or to the raising of crops, livestock, orchards, or forestry, or to seasonal or temporary impoundments used for rice farming or flood irrigation. As used in this section, the term "rice farming or flood irrigation" means small berms of no more than eighteen inches high that are placed around a field to hold water for use for growing rice or for flood irrigation. This section shall not apply to the erection, maintenance, repair, alteration or extension of farm buildings or farm structures used for such purposes in an area not within the area shown on the flood hazard area map. This section shall not apply to underground mining where entrance is through an existing shaft or shafts or through a shaft or shafts not within the area shown on the flood hazard area map.

3. The powers granted by sections 64.510 to 64.690 shall not be construed:

(1) So as to deprive the owner, lessee or tenant of any existing property of its use or maintenance for the purpose to which it is then lawfully devoted;

(2) So as to deprive any court of the power of determining the reasonableness of regulations and powers in any action brought in any court affecting the provisions of sections 64.510 to 64.690 , or the rules and regulations adopted thereunder;

(3) To authorize interference with such public utility services as may have been or may hereafter be authorized or ordered by the public service commission or by permit of the county commission, as the case may be.

4. Nothing contained in sections 64.510 to 64.695 shall affect the existence or validity of an ordinance or order which a county has adopted prior to March 4, 1991.

(L. 1951 p. 406 § 9, A.L. 1991 H.B. 72) Effective 3-04-91 CROSS REFERENCE: Building permits, second classification counties, 137.177
Mo. Rev. Stat. § 456.985 — MO Code / Chapter 456 / Section 456.985
456.985 Act to govern powers — exceptions.
Status: in_force

456.985. Act to govern powers — exceptions. — 1. Except as otherwise provided in the terms of an instrument creating or exercising a power of appointment, sections 456.970 to 456.1135 govern powers of appointment.

2. The terms of an instrument creating or exercising a power of appointment prevail over any provisions of sections 456.970 to 456.1135 except:

(1) The requisites for the creation of a power of appointment under subsections 1 to 4 of section 456.990 ;

(2) The transferability of a power of appointment by a powerholder under subsection 1 of section 456.995 ;

(3) The limitations on the authority of a donor to extend a general power of appointment beyond the death of a powerholder under subsection 3 of section 456.995 ;

(4) The power is exclusionary if the permissible appointees of a power of appointment are not defined and limited under subsection 3 of section 456.1005 ;

(5) The requisites for the exercise of a power of appointment under section 456.1015 ;

(6) The effect of an impermissible appointment under section 456.1045 ;

(7) A general power of appointment which is presently exercisable may be reached by the creditors of the powerholder or the powerholder's estate under section 456.1100 .

(L. 2016 H.B. 1765, A.L. 2018 H.B. 1250)
Mo. Rev. Stat. § 382.635 — MO Code / Chapter 382 / Section 382.635
382.635 Rulemaking authority.
Status: in_force

382.635. Rulemaking authority. — The director may, upon notice and opportunity for all interested persons to be heard, issue such rules, regulations, and orders as shall be necessary to carry out the provisions of sections 382.600 to 382.640 . 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, 2018, shall be invalid and void.

(L. 2018 S.B. 593) Effective 1-01-19
Mo. Rev. Stat. § 194.200 — MO Code / Chapter 194 / Section 194.200
194.200 Disposition of a stillborn child, definitions, duties of hospital, duties ...
Status: in_force

194.200. Disposition of a stillborn child, definitions, duties of hospital, duties of parents, collection of costs, penalties. — 1. As used in this section, the following terms mean:

(1) "Final disposition" , the burial, entombment, cremation, delivery to an educational or medical institution for donation, delivery to the state anatomical board or removal from the state of the remains of a deceased person;

(2) "Parents" , either or both the biological mother or father of a stillborn child, but such term shall not include an unknown or unidentified biological father;

(3) "Stillborn child" , a child who is dead at birth.

2. If a hospital or other health care facility transfers a stillborn child to a funeral establishment for final disposition, the hospital or health care facility shall contact one or both of the parents of such child within twenty-four hours of such transfer for instructions on the method of final disposition of the child. If the hospital contacts and receives instructions from at least one of the parents, the hospital shall convey such instructions to the funeral establishment which shall proceed as directed by such instructions. If the funeral establishment receives instructions from at least one of the parents, the funeral establishment may arrange for the final disposition of the child in accordance with such instructions without contacting the other parent. If the parents of the child do not provide instructions for the final disposition within five days, the funeral establishment shall conduct the most cost-effective method of final disposition of such child and the hospital shall be responsible for the cost of such final disposition. The hospital shall be entitled to collect the cost of such disposition from the parents. If the parents select the manner of final disposition, the parents shall be responsible to the funeral establishment for the costs of such disposition.

3. Any person who violates the provisions of this section is guilty of a class A misdemeanor.

(L. 1997 H.B. 713 § 1)
Mo. Rev. Stat. § 27.070 — MO Code / Chapter 27 / Section 27.070
27.070 Shall file and index opinions.
Status: in_force

27.070. Shall file and index opinions. — The attorney general shall keep in his office and provide for his official use, and that of his successors, indexed copies of all opinions delivered by him during his term.

(RSMo 1939 § 12905) Prior revisions: 1929 § 11280; 1919 § 700; 1909 § 974
Mo. Rev. Stat. § 190.070 — MO Code / Chapter 190 / Section 190.070
190.070 Annexation, petition for — hearing — election, form of ballot.
Status: in_force

190.070. Annexation, petition for — hearing — election, form of ballot. — 1. A petition for annexation of land to an ambulance district shall be signed by not less than ten percent or fifty voters, whichever is fewer, residing within the territory therein described proposed for annexation and shall be filed with the county clerk of the county in which the district or the greater portion thereof is situated, and shall be addressed to the commissioners of the county commission. A hearing shall be held thereon as nearly as possible as in the case of a formation petition. If upon the hearing the commissioners of the county commission find that the petition is in compliance with the provisions of sections 190.005 to 190.085 , they shall order the question to be submitted to the voters within the territory and within the district.

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

Shall ______ (description of territory) be annexed to the ______ ambulance district?

3. If a majority of the votes cast on the question in the district and in the territory described in the petition, respectively, are in favor of the annexation, the commissioners of the county commission shall by order declare the territory annexed and shall describe the altered boundaries of the district.

(L. 1971 S.B. 108 § 13, A.L. 1978 H.B. 971)
Mo. Rev. Stat. § 417.011 — MO Code / Chapter 417 / Section 417.011
417.011 Prohibited marks.
Status: in_force

417.011. Prohibited marks. — A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall not be registered if it:

(1) Consists of or comprises immoral, deceptive or scandalous matter; or

(2) Consists of or comprises matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute; or

(3) Consists of or comprises the flag or coat of arms or other insignia of the United States, or of any state or municipality, or of any foreign nation, or any simulation thereof; or

(4) Consists of or comprises the name, signature or portrait of any living individual, except with the written consent; or

(5) Consists of a mark which, (a) when applied to the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them, or (b) when applied to the goods or services of the applicant, is primarily geographically descriptive or deceptively misdescriptive of them, or (c) is primarily merely a surname; provided, however, that nothing in this section shall prevent the registration of a mark used in this state by the applicant which has become distinctive of the applicant's goods or services. The secretary of state may accept as evidence that the mark has become distinctive, as applied to the applicant's goods or services, proof of continuous use thereof as a mark by the applicant in the state or elsewhere for the five years next preceding the date of the filing of the application for registration; or

(6) Consists of or comprises a mark which so resembles a mark registered in this state, or a mark or trade name previously used in this state by another and not abandoned, as to be likely, when applied to the goods or services of the applicant, to cause confusion or mistake or to deceive.

(L. 1973 H.B. 281 § 2)
Mo. Rev. Stat. § 432.215 — MO Code / Chapter 432 / Section 432.215
432.215 Prospective application.
Status: in_force

432.215. Prospective application. — Sections 432.200 to 432.295 apply to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after August 28, 2003.

(L. 2003 H.B. 254)
Mo. Rev. Stat. § 198.085 — MO Code / Chapter 198 / Section 198.085
198.085 Categories of standards for each type of licensed facility.
Status: in_force

198.085. Categories of standards for each type of licensed facility. — In establishing standards for each type of facility, the department shall classify the standards into three categories for each type of licensed facility as follows:

(1) Class I standards are standards the violation of which would present either an imminent danger to the health, safety or welfare of any resident or a substantial probability that death or serious physical harm would result;

(2) Class II standards are standards which have a direct or immediate relationship to the health, safety or welfare of any resident, but which do not create imminent danger;

(3) Class III standards are standards which have an indirect or a potential impact on the health, safety or welfare of any resident.

(L. 1979 S.B. 328, et al. § 28, A.L. 1984 S.B. 451, A.L. 1995 H.B. 574)
Mo. Rev. Stat. § 198.061 — MO Code / Chapter 198 / Section 198.061
198.061 Penalty for providing services without license — penalty for interfering ...
Status: in_force

198.061. Penalty for providing services without license — penalty for interfering with enforcement of law. — 1. No person shall, jointly or severally, offer, advertise or hold out to the public, services subject to section 198.015 without a currently valid appropriate license issued by the department to render the particular services.

2. No person, jointly or severally, shall interfere with or prevent any duly authorized representative of the department or the attorney general from lawful enforcement of sections 198.003 to 198.186 , 198.200 , 202.905 , 208.030 , or 208.159 .

3. Any person violating any provision of this section shall be guilty of a class C misdemeanor.

(L. 1979 S.B. 328, et al. § 20)
Mo. Rev. Stat. § 241.310 — MO Code / Chapter 241 / Section 241.310
241.310 Lands may be sold, how — disposition of proceeds.
Status: in_force

241.310. Lands may be sold, how — disposition of proceeds. — All counties in which any such lands are situated shall have the power to cause the same to be appropriately surveyed, and to sell and convey them in the same manner that the swamplands acquired under the act of congress of September 28, 1850, entitled "An act to enable the state of Arkansas and other states to reclaim the swamp and overflowed lands in their limits", afterward donated to the counties in which they were situated, or conveyed; and the proceeds of all such sales shall become a part of the swampland school funds of the counties in which said lands are situated.

(RSMo 1939 § 12790) Prior revisions: 1929 § 11166; 1919 § 7030; 1909 § 8033
Mo. Rev. Stat. § 8.720 — MO Code / Chapter 8 / Section 8.720
8.720 Plans, changes in state property, notice to licensing agent, when — ...
Status: in_force

8.720. Plans, changes in state property, notice to licensing agent, when — objection procedure, effect. — Each department, agency and institution of the state shall provide notice to the licensing agent of its plans for occupation, acquisition, renovation or relocation of property adequate to permit the licensing agent to determine whether such property includes a satisfactory site or sites for a vending facility. The licensing agent may notify, in writing, the department, agency or institution of objections to its proposed occupation, acquisition, renovation or relocation within ten days of receipt of notification by the department, agency or institution. The licensing agent and the department, agency or institution shall consult and try to reach a mutually satisfactory agreement. If agreement is not reached within thirty days the licensing agency may seek review by the board of public buildings of the proposed occupation, acquisition, renovation or relocation. The board of public buildings shall refuse to grant permission to the department, agency or institution to proceed with the occupation, location, acquisition, renovation or relocation if location of vending facilities is feasible and not included. The board of public buildings shall act within thirty days; if it does not, the proposed occupation, acquisition, renovation or relocation shall be deemed disapproved.

(L. 1981 S.B. 165 § 5)
Mo. Rev. Stat. § 348.280 — MO Code / Chapter 348 / Section 348.280
348.280 Contingent effective date.
Status: in_force

348.280. Contingent effective date. — This act * relating to science and innovation shall not become effective except upon the passage and approval by signature of the governor only of senate bill no. 8 relating to taxation and enacted during the first extraordinary session of first regular session of the ninety-sixth general assembly.

(L. 2011 1st Ex. Sess. S.B. 7 § B) Effective 2-03-12 * "This act" (S.B. 7, 1st Ex. Sess., 2011) contained numerous sections. Consult Disposition of Sections table for a definitive listing. Revisor's Note: The First Extraordinary Session of the First Regular Session of the Ninety-sixth General Assembly convened on September 6, 2011, and stood automatically adjourned sine die on November 5, 2011, in accordance with Article III, Section 20(b) of the Missouri Constitution. Senate Substitute for Senate Committee Substitute for Senate Bill No. 7 was truly agreed to and finally passed by the General Assembly on September 23, 2011, and was signed by the Governor on October 21, 2011. Senate Bill No. 8 was introduced during the special session but was not truly agreed to and finally passed by the General Assembly prior to its automatic adjournment on November 5, 2011. (2013) Section is unconstitutional as a violation of the single subject requirement of Article III, Section 23 of the Missouri Constitution. Missouri Roundtable for Life, Inc. v. State, 396 S.W.3d 348 (Mo.banc).