reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 211 - Juvenile Courts › Section 211.462 - Appointment of guardian ad litem, when — rights of parent or guardian — county to pay court costs, exceptions.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 211
• Effective - 28 Aug 1985
211.462. Appointment of guardian ad litem, when — rights of parent or guardian — county to pay court costs, exceptions. —
1. In all actions to terminate parental rights, if not previously appointed pursuant to section 210.160, a guardian ad litem shall be appointed for the child as soon as practicable after the filing of the petition.
2. The parent or guardian of the person of the child shall be notified of the right to have counsel, and if they request counsel and are financially unable to employ counsel, counsel shall be appointed by the court. Notice of this provision shall be contained in the summons. When the parent is a minor or incompetent the court shall appoint a guardian ad litem to represent such parent.
3. The guardian ad litem shall, during all stages of the proceedings:
(1) Be the legal representative of the child, and may examine, cross-examine, subpoena witnesses and offer testimony. The guardian ad litem may also initiate an appeal of any disposition that he determines to be adverse to the best interests of the child;
(2) Be an advocate for the child during the dispositional hearing and aid in securing a permanent placement plan for the child. To ascertain the child's wishes, feelings, attachments, and attitudes, he shall conduct all necessary interviews with persons, other than the parent, having contact with or knowledge of the child and, if appropriate, with the child;
(3) Protect the rights, interest and welfare of a minor or incompetent parent by exercising the powers and duties enumerated in subdivisions (1) and (2) of this subsection.
4. Court costs shall be paid by the county in which the proceeding is instituted, except that the court may require the agency or person having or receiving legal or actual custody to pay the costs.
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(L. 1978 H.B. 972 § 5, A.L. 1985 H.B. 366, et al.)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 211 - Juvenile Courts › Section 211.464 - Foster parent and others may present evidence, when — notice and opportunity to testify.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 211
• Effective - 28 Aug 1998
211.464. Foster parent and others may present evidence, when — notice and opportunity to testify. —
1. Where a child has been placed with a foster parent, with relatives or with other persons who are able and willing to permanently integrate the child into the family by adoption, the court shall provide the opportunity for such foster parent, relative or other person to present evidence for the consideration of the court.
2. Current foster parents or other legal custodians who are not seeking to adopt the child shall be given an opportunity to testify at all hearings regarding the child. Upon the filing of a petition concerning a minor child who is in the care of foster parents or other legal custodians, the court shall give notice to such foster parents or legal custodians of the filing, any future hearings held on such petition and their opportunity to testify at any subsequent hearings held in relation to such petition, unless such notice and opportunity is waived by such foster or custodial parent.
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(L. 1985 H.B. 366, et al., A.L. 1998 S.B. 674)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 211 - Juvenile Courts › Section 211.487 - Application of sections 211.442 to 211.487 — what law to govern.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 211
• Effective - 28 Aug 1985
211.487. Application of sections 211.442 to 211.487 — what law to govern. —
1. Sections 211.442 to 211.487 apply to all proceedings commenced on or after September 28, 1985.
2. In any action for termination of parental rights pending prior to September 28, 1985, the law in effect at the time of the filing of the petition for termination of parental rights shall govern the hearing on such petition and any appeal therefrom.
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(L. 1978 H.B. 972 § 10, A.L. 1985 H.B. 366, et al.)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 211 - Juvenile Courts › Section 211.490 - Child placed in residential group facility, eligibility for medical assistance benefits, continuance.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 211
• Effective - 28 Aug 1993, 2 histories
211.490. Child placed in residential group facility, eligibility for medical assistance benefits, continuance. —
Notwithstanding any other provision of law to the contrary, any child who is placed in a not-for-profit residential group facility for children by the juvenile court shall be eligible for medical assistance benefits pursuant to the provisions of section 208.152. In addition, any child who is placed in a not-for-profit residential group facility for children by the parent, and who is currently receiving benefits pursuant to the provisions of section 208.152, shall continue to receive benefits while in the group home. The eligibility and provisions of this section shall begin on the date of placement of the child in the residential group facility and shall terminate on the date the child is removed from such placement.
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(L. 1993 H.B. 564 § 27)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 211 - Juvenile Courts › Section 211.500 - Establishment of regional juvenile detention districts, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 211
Effective - 01 Jul 1999, 2 histories, see footnote
211.500. Establishment of regional juvenile detention districts, when. —
1. Any two or more counties within the state may form an agreement to establish a regional juvenile detention district. The district shall have a boundary which includes the areas within each member county, and it shall be named the "______ Regional Juvenile Detention District".
2. The county commission of each county desiring to join the district shall approve an ordinance or resolution to join the district and shall approve the agreement which specifies the duties of each county within the district.
3. If any county wishes to join a district which has already been established pursuant to this section, the agreement shall be rewritten and reapproved by each member county.
4. The agreement which specifies the duties of each county shall contain the following:
(1) The name of the district;
(2) The names of the counties within the district;
(3) The formula for calculating each county's contribution to the costs of the district;
(4) The types of juveniles which the regional juvenile detention center may house, limited to juveniles which may be transferred to counties pursuant to state law;
(5) The methods which may be used for constructing or leasing a regional juvenile detention center;
(6) The duties of the director of the regional juvenile detention center; and
(7) The timing and procedures for approval of the regional juvenile detention center district's annual budget by the regional juvenile detention center commission.
5. Any county, city, town or village may contract with a regional juvenile detention center commission for the holding of its juvenile offenders.
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(L. 1998 H.B. 971 § 1)
Effective 7-1-99
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 213 - Human Rights › Section 213.020 - Commission on human rights created — members, how appointed, terms, vacancies, how filled — functions — local commissions, power and authority.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 213
• Effective - 28 Aug 1998
213.020. Commission on human rights created — members, how appointed, terms, vacancies, how filled — functions — local commissions, power and authority. —
1. There is hereby created a "Missouri Commission on Human Rights". It shall consist of eleven members, with no less than one from each of the congressional districts of this state, serving without compensation, to be appointed by the governor with the advice and consent of the senate. One of the members shall be appointed chairperson by the governor. Appointments to the commission shall be for a term of six years. No more than six members at any one time shall be members of the same political party. In the event of the death or resignation of any member, his successor shall be appointed to serve for the unexpired period of the term for which such member had been appointed.
2. The function of the commission shall be to encourage fair treatment for and to foster mutual understanding and respect among, and to discourage discrimination against, any racial, ethnic, religious or other group protected by this chapter, members of these groups or persons with disabilities.
3. Any local commission created and established prior to August 13, 1986, by an ordinance adopted by the governing body of any city, constitutional charter city, town, village, or county, shall have the power and authority to seek to eliminate and prevent discrimination in employment, housing, and public accommodation, and to establish related programs, which shall be certified by the commission as substantially equivalent. The power and authority of such commissions to initiate and pursue administrative proceedings and remedies shall be solely as provided in section 213.135.
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(L. 1959 H.B. 266 §§ 2, 3, A.L. 1986 S.B. 513, A.L. 1992 H.B. 1619, A.L. 1998 S.B. 786)
(1990) Nothing in subsection 3 of this statute gives cities, towns, villages or counties the power to create a cause of action for the violation of an antidiscrimination ordinance. Failure of legislature to include an express grant of power to determine violations and make awards establishes its intent that such power is not included. Yellow Freight Systems, Inc. v. Mayor's Commission on Human Rights of the City of Springfield, 791 S.W.2d 382 (Mo. en banc).
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 213 - Human Rights › Section 213.025 - Commission members to receive per diem and expenses, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 213
• Effective - 28 Aug 1986
213.025. Commission members to receive per diem and expenses, when. —
The provisions of section 213.020 relating to the members of the commission on human rights serving without compensation to the contrary notwithstanding, whenever any member of the commission serves as a member of a panel to hear complaints involving alleged discriminatory practices under this chapter he shall receive as compensation for such duty the sum of fifty dollars for each day he actually serves on such panel and shall be reimbursed for his reasonable and necessary expenses actually incurred in the performance of his duties on the panel.
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(L. 1978 H.B. 949 & 1266, A.L. 1986 S.B. 513)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 213 - Human Rights › Section 213.041 - Restrictive covenants, homeowners' association — limitations — procedure to delete violative restrictive covenants.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 213
• Effective - 01 Jan 2006, see footnote
213.041. Restrictive covenants, homeowners' association — limitations — procedure to delete violative restrictive covenants. —
1. No declaration or other governing document of a homeowners' association shall include a restrictive covenant in violation of section 213.040.
2. Notwithstanding any other provision of law or provision of the governing documents, the board of directors of a homeowners' association shall amend, without approval of the owners, any declaration or other governing document that includes a restrictive covenant in violation of section 213.040, and shall restate the declaration or other governing document without the restrictive covenant but with no other change to the declaration or governing document.
3. If after providing written notice to a homeowners' association requesting that the association delete a restrictive covenant in violation of section 213.040, and the association fails to delete the restrictive covenant within thirty days of receiving the notice, the Missouri commission on human rights, a city or county in which a common interest development is located, or any person may bring an action against the homeowners' association for injunctive relief to enforce the provisions of subsections 1 and 2 of this section. The court may award attorney's fees to the prevailing party.
4. The provisions of this section shall become effective on January 1, 2006.
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(L. 2005 S.B. 168)
Effective 1-01-06
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 213 - Human Rights › Section 213.045 - Discrimination in commercial real estate loans prohibited.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 213
• Effective - 28 Aug 1998
213.045. Discrimination in commercial real estate loans prohibited. —
It shall be unlawful for any bank, building and loan association, insurance company or other corporation, association, firm or enterprise whose business consists in whole or in part in the making of commercial real estate loans, to deny a loan or other financial assistance because of race, color, religion, national origin, ancestry, sex, disability or familial status to a person applying therefor for the purpose of purchasing, construction, improving, repairing, or maintaining a dwelling, or to discriminate against him in fixing of the amount, interest rate, duration or other terms or conditions of such loan or other financial assistance, because of the race, color, religion, national origin, ancestry, sex, disability, or familial status of such person or of any person associated with him in connection with such loan or other financial assistance, or of the present or prospective owners, lessees, tenants, or occupants, of the dwellings in relation to which such loan or other financial assistance is to be made or given.
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(L. 1986 S.B. 513, A.L. 1992 H.B. 1619, A.L. 1998 S.B. 786)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 213 - Human Rights › Section 213.050 - Discrimination in selling or renting by real estate agencies prohibited.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 213
• Effective - 28 Aug 2017, 2 histories
213.050. Discrimination in selling or renting by real estate agencies prohibited. —
It shall be unlawful to deny any person access to or membership or participation in any multiple listing service, real estate brokers' organization or other service organization, or facility relating to the business of selling or renting dwellings, because of race, color, religion, national origin, ancestry, sex, disability, or familial status.
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(L. 1986 S.B. 513, A.L. 1992 H.B. 1619, A.L. 1998 S.B. 786, A.L. 2017 S.B. 43)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 213 - Human Rights › Section 213.065 - Discrimination in public accommodations prohibited, exceptions.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 213
• Effective - 28 Aug 2017, 2 histories
213.065. Discrimination in public accommodations prohibited, exceptions. —
1. All persons within the jurisdiction of the state of Missouri are free and equal and shall be entitled to the full and equal use and enjoyment within this state of any place of public accommodation, as hereinafter defined, without discrimination or segregation because of race, color, religion, national origin, sex, ancestry, or disability.
2. It is an unlawful discriminatory practice for any person, directly or indirectly, to refuse, withhold from or deny any other person, or to attempt to refuse, withhold from or deny any other person, any of the accommodations, advantages, facilities, services, or privileges made available in any place of public accommodation, as defined in section 213.010 and this section, or to segregate or discriminate against any such person in the use thereof because of race, color, religion, national origin, sex, ancestry, or disability.
3. The provisions of this section shall not apply to a private club, a place of accommodation owned by or operated on behalf of a religious corporation, association or society, or other establishment which is not in fact open to the public, unless the facilities of such establishments are made available to the customers or patrons of a place of public accommodation as defined in section 213.010 and this section.
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(L. 1986 S.B. 513, A.L. 1992 H.B. 1619, A.L. 1998 S.B. 786, A.L. 2017 S.B. 43)
(2012) Section's prohibition against discrimination in any place of public accommodation encompasses a claim against a school district for student-on-student harassment in a public school. Doe ex rel. Subia v. Kansas City, Missouri School District, 372 S.W.3d 43 (Mo.App.W.D.).
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 213 - Human Rights › Section 213.070 - Additional unlawful discriminatory practices.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 213
• Effective - 28 Aug 2017, 2 histories
213.070. Additional unlawful discriminatory practices. —
1. It shall be an unlawful discriminatory practice for an employer, employment agency, labor organization, or place of public accommodation:
(1) To aid, abet, incite, compel, or coerce the commission of acts prohibited under this chapter or to attempt to do so;
(2) To retaliate or discriminate in any manner against any other person because such person has opposed any practice prohibited by this chapter or because such person has filed a complaint, testified, assisted, or participated in any manner in any investigation, proceeding or hearing conducted pursuant to this chapter;
(3) For the state or any political subdivision of this state to discriminate on the basis of race, color, religion, national origin, sex, ancestry, age, as it relates to employment, disability, or familial status as it relates to housing; or
(4) To discriminate in any manner against any other person because of such person's association with any person protected by this chapter.
2. This chapter, in addition to chapter 285 and chapter 287, shall provide the exclusive remedy for any and all claims for injury or damages arising out of an employment relationship.
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(L. 1986 S.B. 513, A.L. 1992 H.B. 1619, A.L. 1998 S.B. 786, A.L. 2017 S.B. 43)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 213 - Human Rights › Section 213.076 - Notice relating to aiding and abetting, civil action — commencement of action — intervention — relief — authority of commission.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 213
• Effective - 28 Aug 1992
213.076. Notice relating to aiding and abetting, civil action — commencement of action — intervention — relief — authority of commission. —
1. When a written notice of hearing is issued alleging violation of section 213.040, 213.045, 213.050, or 213.070, to the extent that the alleged violation of section 213.070 relates to or involves violation of one or more of such other sections or relates to or involves the encouraging, aiding or abetting of violation of such sections, a complainant or respondent may elect to have the claims asserted in that complaint decided in a civil action under the provisions of this section in lieu of a hearing pursuant to the provisions of section 213.075. Written notice of an election made pursuant to this subsection shall be filed with the commission and all parties within twenty days of the date on which the written notice of hearing is placed in the mail by the commission staff.
2. Where a party has made an election pursuant to the provisions of this section, to have the claims asserted in a written notice issued by the chairperson, decided in a civil action, the chairperson shall immediately direct staff attorneys employed by the commission to commence and maintain a civil action on behalf of the complainant. Such action shall be commenced within thirty days of the election. All expenses of the claimant related to a civil action brought under this section shall be paid by the commission.
3. Any person aggrieved with respect to the issues to be determined in a civil action instituted pursuant to this section may intervene as of right in a civil action.
4. In a civil action instituted pursuant to this section, if the court finds that an unlawful discriminatory practice has occurred or is about to occur, the court may grant all relief as set forth in section 213.111. If monetary relief is sought for benefit of an aggrieved person who is not a party to the civil action, the court shall not award such relief if such person has not complied with discovery orders issued by the court.
5. The commission shall have authority to hire such attorneys as may be necessary to perform duties assigned to it pursuant to this section.
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(L. 1992 H.B. 1619)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 213 - Human Rights › Section 213.095 - Violation of a commission order, misdemeanor.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 213
• Effective - 28 Aug 1986
213.095. Violation of a commission order, misdemeanor. —
Any person who shall willfully violate an order of the commission shall be guilty of a class C misdemeanor.
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(L. 1986 S.B. 513)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 213 - Human Rights › Section 213.101 - Construction of statutes — abrogation of certain case law and jury instructions.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 213
• Effective - 28 Aug 2017, 2 histories
213.101. Construction of statutes — abrogation of certain case law and jury instructions. —
1. The provisions of this chapter shall be construed to accomplish the purposes thereof and any law inconsistent with any provision of this chapter shall not apply. Nothing contained in this chapter shall be deemed to repeal any of the provisions of any law of this state relating to discrimination because of race, color, religion, national origin, sex, ancestry, age, disability, or familial status.
2. The general assembly hereby expressly abrogates the case of McBryde v. Ritenour School District, 207 S.W.3d 162 (Mo.App. E.D. 2006), and its progeny as it relates to the necessity and appropriateness of the issuance of a business judgment instruction. In all civil actions brought under this chapter, a jury shall be given an instruction expressing the business judgment rule.
3. If an employer in a case brought under this chapter files a motion pursuant to rule 74.04 of the Missouri rules of civil procedure, the court shall consider the burden-shifting analysis of McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), and its progeny to be highly persuasive for analysis in cases not involving direct evidence of discrimination.
4. The general assembly hereby expressly abrogates by this statute the cases of Daugherty v. City of Maryland Heights, 231 S.W.3d 814 (Mo. 2007) and its progeny as they relate to the contributing factor standard and abandonment of the burden-shifting framework established in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973).
5. The general assembly hereby expressly abrogates by this statute the holding in Hurst v. Kansas City Mo. School District, 437 S.W.3d 327 (Mo.App. W.D. 2014), that Missouri Approved Instruction 19.01 may be applied to actions brought pursuant to this chapter, and the holding in Thomas v. McKeever's Enterprises, Inc., 388 S.W.3d 206 (Mo.App. W.D. 2012), that juries shall not be instructed that plaintiffs bear the burden of establishing "but for" causation in actions brought pursuant to this chapter.
6. The general assembly hereby abrogates all Missouri-approved jury instructions specifically addressing civil actions brought under this chapter which were in effect prior to August 28, 2017.
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(L. 1986 S.B. 513 § 213.100, A.L. 1992 H.B. 1619, A.L. 1998 S.B. 786, A.L. 2017 S.B. 43)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 213 - Human Rights › Section 213.112 - Applicability.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 213
• Effective - 28 Aug 1999
213.112. Applicability. —
Legally permissible actions pursuant to section 441.020 are subject to the provisions of this chapter only if a primary motive for the section 441.020 action is not any of the factors listed in section 441.020.
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(L. 1998 S.B. 786 § 1, A.L. 1999 H.B. 741)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 213 - Human Rights › Section 213.126 - Attorney general to act, when — authorization of civil action — settlement agreement.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 213
• Effective - 28 Aug 1992
213.126. Attorney general to act, when — authorization of civil action — settlement agreement. —
1. Whenever the attorney general has a reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights granted by this chapter or that any group of persons has been denied any of the rights granted by this chapter, and such denial raises an issue of general public importance, he may bring a civil action to any appropriate state court by filing with it a complaint setting forth the facts and requesting such preventive relief, including, but not limited to, an application for a permanent or temporary injunction, restraining order, or other order against the person or persons responsible for such pattern or practice or denial of rights, as he deems necessary to ensure the full enjoyment of the rights granted by this chapter.
2. If, at any time following the filing of a complaint alleging violation of one or more of the provisions of sections 213.040 to 213.070, the chairperson determines that prompt judicial action is necessary to carry out the purposes of this chapter, the chairperson may authorize a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint under the provisions of this chapter. Upon receipt of such authorization, the attorney general may commence and maintain an action seeking temporary or preliminary relief of an equitable nature in the circuit court of the county in which the respondent resides or in any county in which respondent conducts business.
3. Upon request by the commission, the attorney general shall take appropriate action in circuit court to enforce a subpoena issued by the commission.
4. The attorney general may file suit to enforce a settlement or conciliation agreement or any order of the commission referred by the commission or executive director.
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(L. 1986 S.B. 513 § 213.125, A.L. 1992 H.B. 1619)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 213 - Human Rights › Section 213.131 - Local commissions, certification — review — decertification.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 213
• Effective - 28 Aug 1992
213.131. Local commissions, certification — review — decertification. —
1. No local commission shall have authority to hear complaints of violations of this chapter unless such municipal or county commission has first been certified to be substantially equivalent by the commission. The commission shall certify a local commission as substantially equivalent if the ordinance establishing the local commission provides substantially similar protection of the procedural rights of parties appearing before the local commission as are provided for by the provisions of this chapter.
2. The commission shall review the certification of each local commission at least once every five years to determine whether it is appropriately safeguarding the procedural and substantive rights of parties appearing before it. Should the commission determine that a local commission is not adequately protecting the rights of parties appearing before it, it shall direct the commission staff to enter into negotiations with the local commission for the purpose of attempting to correct any deficiencies. Any decision to decertify a local commission shall be appealable to circuit court pursuant to the provisions of chapter 536.
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(L. 1992 H.B. 1619)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 213 - Human Rights › Section 213.137 - Severability.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 213
Effective - 28 Aug 1992
213.137. Severability. —
If any section, subsection, subdivision, paragraph, sentence, or clause of sections 213.010 to 213.135 is held to be invalid or unconstitutional, such decision shall not affect any remaining portion, section, or part thereof which can be given effect without the invalid provision.
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(L. 1992 H.B. 1619 § 1)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 214 - Cemeteries › Section 214.010 - Local government may acquire and dispose of cemeteries within boundaries — authority to regulate — penalties.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
• Effective - 28 Aug 1990
214.010. Local government may acquire and dispose of cemeteries within boundaries — authority to regulate — penalties. —
Any town, city, village or county in the state of Missouri may purchase, receive and hold real estate within such city, town, village or county for the burial of the dead, and may lease, sell or otherwise dispose of the same. The council of such cities, towns and villages or county commissioners may make rules and pass ordinances or orders imposing penalties and fines not exceeding one thousand dollars, regulating, protecting and governing cemeteries within such cities, towns, villages, and counties, the owners of lots therein, visitors thereto, and punishing trespassers thereon.
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(RSMo 1939 § 15277, A.L. 1990 H.B. 1079)
Prior revisions: 1929 § 14068; 1919 § 1092; 1909 § 1314
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 214 - Cemeteries › Section 214.020 - City may establish perpetual care cemetery fund — receive gifts — limitation on use of income from fund.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
Effective - 28 Aug 1988
214.020. City may establish perpetual care cemetery fund — receive gifts — limitation on use of income from fund. —
Any town, city or village in the state of Missouri which now owns or may hereafter acquire any cemetery, may by ordinance establish a fund for the preservation, care, upkeep and adornment of such cemetery, such fund to be known as "Perpetual Care Cemetery Fund", and may accept and acquire by gift or donation, money or funds to be placed to the credit of such perpetual care cemetery fund. Such town, city or village may also deposit in such fund a portion of the income derived from the sale of lots in such cemetery as shall be determined by ordinance of such town, city or village. Such moneys and funds so placed in such perpetual care cemetery fund shall be invested from time to time in bonds of the United States government or of the state of Missouri, or may be placed in any bank or savings and loan association which is authorized to do business in this state so long as the funds so deposited are
*
protected by federal deposit insurance. The income therefrom shall be expended by such town, city or village for the preservation, care, upkeep and adornment of such cemetery, for the repurchasing of cemetery lots previously sold, and for no other purpose whatsoever. The principal of said perpetual care cemetery fund shall not be encroached upon for any purpose whatsoever and no money shall be transferred out of such perpetual care cemetery fund except for the purposes of being invested as provided for in this section and for the repurchasing of cemetery lots previously sold. The city council of the various towns, cities or villages which shall establish such perpetual care cemetery fund shall by ordinance accept any gift or donation to such fund, and shall by said ordinance direct the treasurer of said town, city or village to place such money or funds to the credit of such perpetual care cemetery fund. Such city council shall have all the necessary authority by ordinance to invest such funds as provided for in this section.
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(L. 1949 p. 234 § 15277a, A.L. 1965 p. 364, A.L. 1988 H.B. 1550)
*Word "or" appears in original rolls.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 214 - Cemeteries › Section 214.030 - Cemetery lots, conveyed by deed.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
Effective - 28 Aug 2001
214.030. Cemetery lots, conveyed by deed. —
The cemetery lots owned by such county, city, town or village shall be conveyed by deed signed by the mayor or presiding commissioner of said county, city, town or village, duly attested by the clerk of such county, city, town or village, or other officer performing the duties of clerk, and shall vest in the purchaser, his or her heirs and assigns, a right in fee simple to such lot for the sole purpose of interment pursuant to the regulations of the council or commission, except that such fee simple right may be revested in the county, city, town or village pursuant to section 214.035.
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(RSMo 1939 § 15278, A.L. 2001 H.B. 408)
Prior revisions: 1929 § 14069; 1919 § 1093; 1909 § 1315
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 214 - Cemeteries › Section 214.040 - Plots and records of cemeteries to be maintained, where — requirements.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
Effective - 28 Aug 1990
214.040. Plots and records of cemeteries to be maintained, where — requirements. —
1. Every person or association which owns any cemetery in which dead human remains are or may be buried or otherwise interred, except a private or family cemetery, shall cause to be maintained in an office in the cemetery, or in an office within a reasonable distance of the cemetery, a plat of such cemetery showing the entire area and location of the cemetery, the portion thereof which is formally dedicated for the burial of dead human remains, all burial lots or interment spaces, and all walks, roads, improvements and features. The cemetery operator shall cause the plat to be updated from time to time as is necessary to cause the plat to remain current.
2. The cemetery operator shall also cause to be maintained at such office a record of the owner of each burial lot or interment space described in the current plat of the cemetery and a record of all dead human remains buried or interred at the cemetery, which record shall include the name of each deceased person buried or interred at the cemetery, the date of burial or interment, the location of burial or interment and, if known, the name and address of the funeral director who provided the memorial service or other final arrangements for the deceased person. The cemetery operator shall cause reasonable assistance to be provided to burial lot or interment space owners in locating their lots or spaces and to the family or other interested persons in locating the place of burial or interment of deceased persons whose remains are buried or interred in the cemetery.
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(RSMo 1939 § 15261, A.L. 1990 H.B. 1079)
Prior revisions: 1929 § 14052; 1919 § 1080; 1909 § 1302
(1959) The fact that the purchaser's name was not placed upon the plat of the cemetery lot as required by this section does not cause the purchaser to lose title to the lot. The burden of placing the name on the plat was upon the owner of the cemetery and not upon the purchaser. Billings v. Paine (Mo.), 319 S.W.2d 653.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 214 - Cemeteries › Section 214.041 - Construction of roads prohibited in cemetery — exceptions.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
Effective - 28 Aug 1990
214.041. Construction of roads prohibited in cemetery — exceptions. —
No road shall be constructed in any cemetery over a burial lot in which dead human remains are buried. Temporary access routes over burial lots may be used in the operation or maintenance of the cemetery or used in the construction of cemetery improvements or features. This section shall not apply to private or family cemeteries, as described in section 214.090.
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(L. 1990 H.B. 1079)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 214 - Cemeteries › Section 214.050 - Power to vacate streets vested in county commissions.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
• Effective - 28 Aug 1939
214.050. Power to vacate streets vested in county commissions. —
The county commissions of the several counties of this state are hereby vested with power to vacate any streets, avenues, thoroughfares or places heretofore dedicated, or which may hereafter be dedicated to public use in any cemeteries located within the respective borders of such counties.
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(RSMo 1939 § 15272)
Prior revision: 1929 § 14063
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 214 - Cemeteries › Section 214.060 - Petition to be presented to county commission — remonstrance may be filed.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
• Effective - 28 Aug 1939
214.060. Petition to be presented to county commission — remonstrance may be filed. —
Whenever it is desired to have any street, avenue, thoroughfare or place in any cemetery vacated, the corporation, association or person owning or controlling such cemetery shall present to the county commission of the county within which such cemetery is located, at a regular or adjourned term of such commission, a petition praying for such vacation, particularly describing the street, avenue, thoroughfare or place sought to be vacated, and shall file with such petition proof that notice of the filing of such petition has been given for at least twenty days by at least three printed or written notices posted in public places in such cemetery, at least one of which shall be posted in each street, avenue, thoroughfare or place sought to be vacated, and published in some newspaper, if such there be, published in the town or city in which or adjacent or approximate to which such cemetery is located. If a remonstrance signed by any three lot owners of such cemetery remonstrating against granting the prayer of such petition be filed on or before the first day of the term at which such petition is filed, then the county commission shall inform itself as to the propriety of granting such petition, and if the commission be of the opinion that the petition should be granted, or if no remonstrance be so filed, the county commission shall make an order vacating the streets, avenues, thoroughfares and places as prayed for in the petition, and the title to the lands so vacated shall revert to the corporation, association or person by whom the cemetery was platted or to the successors of such corporation, association or person.
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(RSMo 1939 § 15273)
Prior revision: 1929 § 14064
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 214 - Cemeteries › Section 214.070 - Terms defined.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
Effective - 28 Aug 1939
214.070. Terms defined. —
Wherever in sections 214.050 and 214.060 the term
"street"
,
"avenue"
,
"thoroughfare"
or
"place"
is used, the same shall be construed to mean any tract of land or part thereof in any cemetery set aside by plat or otherwise for the general use of the public, and shall include the plural of such term.
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(RSMo 1939 § 15274)
Prior revision: 1929 § 14065
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 214 - Cemeteries › Section 214.080 - Proceedings to enlarge.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
• Effective - 28 Aug 1939
214.080. Proceedings to enlarge. —
Whenever it shall become absolutely necessary to enlarge any public burial ground or cemetery, and when the public, to the number of five or more persons, interested in the enlargement of said burial grounds or cemetery, and the owner or owners of the adjoining land, cannot agree as to the price to be paid for the same, or for any other cause cannot secure a title thereto, the public, to the number of five or more persons, may proceed to condemn the same, in the same manner as provided by law for condemnation, appropriation and valuation, in cases of lands taken for telegraph and railroad purposes; and on such condemnation, and the payment of the appraisement as therein provided, the title of such land shall vest in the public for the purposes and uses only for which it was taken.
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(RSMo 1939 § 15275)
Prior revisions: 1929 § 14066; 1919 § 1088; 1909 § 1310
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 214 - Cemeteries › Section 214.090 - Family burying grounds, how secured.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
• Effective - 28 Aug 1939
214.090. Family burying grounds, how secured. —
Any person desirous of securing family burying ground or cemetery on his or her lands, may convey to the county commission of the county in which the land lies any quantity of land not exceeding one acre, in trust for the purpose above mentioned, the deed for which to be recorded within sixty days after the conveyance; and such grounds, when so conveyed, shall be held in perpetuity as burying grounds or cemeteries for the use and benefit of the family and descendants of the person making such conveyance.
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(RSMo 1939 § 15262)
Prior revisions: 1929 § 14053; 1919 § 1081; 1909 § 1303
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 214 - Cemeteries › Section 214.120 - Costs, who liable for.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
Effective - 28 Aug 1939
214.120. Costs, who liable for. —
The cost of the prosecution under the provisions of this chapter, and all other costs necessarily incurred in superintending and protecting such burying grounds or cemeteries, shall be a charge upon the owners, for the time being, of the tracts of land of which such grounds were formerly a part, and shall be collected as other costs in actions for trespass.
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(RSMo 1939 § 15265)
Prior revisions: 1929 § 14056; 1919 § 1084; 1909 § 1306
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 214 - Cemeteries › Section 214.130 - County commission and incorporated cemetery company to receive grants and bequests in trust.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
Effective - 28 Aug 1939
214.130. County commission and incorporated cemetery company to receive grants and bequests in trust. —
It shall be lawful for the county commission of any county in which any family burying ground or cemetery, conveyed as aforesaid to said commission, is situated, to take and hold any grant or bequest of money or bonds of the United States, or of this state, or of such county, in trust, and to apply the same or the income thereof for the improvement of any such family burying ground or cemetery, or any portion thereof, or in the erection, extension, adornment or preservation of any tomb, monument, vault or grave, within such burial ground or cemetery, according to the terms of any such grant or bequest, but for no other use, trust or purpose whatever; and every incorporated cemetery company is also hereby authorized and empowered to take and hold any like grant or bequest in trust, and to apply the same, or the income thereof, under the direction of the board of trustees or directors of such cemetery company, for the improvement of such cemetery, or any portion thereof, or in the erection, extension, adornment or preservation of any tomb, monument, vault or grave within such cemetery, according to the terms of any such grant or bequest, but for no other use, trust or purpose whatever. Any court having equity jurisdiction within the county in which such family burying ground or cemetery is situated, shall have power and it shall be its duty to compel the performance of any such trust upon the application of any person whatever.
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(RSMo 1939 § 15267)
Prior revisions: 1929 § 14058; 1919 § 1087; 1909 § 1309
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 214 - Cemeteries › Section 214.131 - Tombstones, fences, destroying or mutilating in abandoned family or private cemetery, penalty — abandoned or private burying ground, defined.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
• Effective - 28 Aug 1987
214.131. Tombstones, fences, destroying or mutilating in abandoned family or private cemetery, penalty — abandoned or private burying ground, defined. —
Every person who shall knowingly destroy, mutilate, disfigure, deface, injure or remove any tomb, monument or gravestone, or other structure placed in any abandoned family cemetery or private burying ground, or any fence, railing, or other work for the protection or ornamentation of any such cemetery or place of burial of any human being, or tomb, monument or gravestone, memento, or memorial, or other structure aforesaid, or of any lot within such cemetery is guilty of a class A misdemeanor. For the purposes of this section and subsection 1 of section 214.132, an
"abandoned family cemetery"
or
"private burying ground"
shall include those cemeteries or burying grounds which have not been deeded to the public as provided in chapter 214, and in which no body has been interred for at least twenty-five years.
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(L. 1987 H.B. 60 § 1)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 214 - Cemeteries › Section 214.132 - Visiting abandoned family or private burying ground surrounded by private property, right of access, when, enforcement by sheriff — court's power to disinter.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
• Effective - 28 Aug 1997
214.132. Visiting abandoned family or private burying ground surrounded by private property, right of access, when, enforcement by sheriff — court's power to disinter. —
1. Any person who wishes to visit an abandoned family cemetery or private burying ground which is completely surrounded by privately owned land, for which no public ingress or egress is available, shall have the right to reasonable ingress or egress for the purpose of visiting such cemetery. This right of access to such cemeteries extends only to visitation during reasonable hours and only for purposes usually associated with cemetery visits.
2. The sheriff or chief law enforcement officer of the county in which the abandoned family cemetery or private burying ground is located shall enforce the provisions of subsection 1 of this section.
3. Nothing in section 214.131 and this section shall be construed to limit or modify the power or authority of a court in any action of law or equity to order the disinterment and removal of the remains from a cemetery and interment in a suitable location.
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(L. 1987 H.B. 60 §§ 2, 3, A.L. 1997 S.B. 58)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 214 - Cemeteries › Section 214.140 - Property placed in trust for benefit of cemeteries.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
• Effective - 28 Aug 1939
214.140. Property placed in trust for benefit of cemeteries. —
It shall be lawful for any grantor, devisor, donor or trustee to give, grant, devise, bequeath or place in trust any real or personal property, or the income therefrom, for the use and benefit of any public or private cemetery in this state or for the grading, seeding, sodding, mowing, or otherwise maintaining, improving or beautifying of any grave, lot, stone, monument or mausoleum in any such cemetery, and any person, association or corporation duly authorized and capable of qualifying as trustee is hereby authorized and empowered to receive and hold any such real or personal property, or the income therefrom, and expend the same for any or all such uses and purposes, under the terms and conditions of any such gifts, grant, devise, bequest or trust.
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(RSMo 1939 § 15279)
Prior revisions: 1929 § 14070; 1919 § 1094