FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 512.160 — MO Code / Chapter 512 / Section 512.160
512.160 Questions considered on appeal — disposition by court — damages — executions.
Status: in_force

512.160. Questions considered on appeal — disposition by court — damages — executions. — 1. Apart from questions of jurisdiction of the trial court over the subject matter and questions as to the sufficiency of pleadings to state a claim upon which relief can be granted or a legal defense to a claim, no allegations of error shall be considered in any civil appeal except such as have been presented to or expressly decided by the trial court.

2. No appellate court shall reverse any judgment, unless it believes that error was committed by the trial court against the appellant, and materially affecting the merits of the action.

3. The appellate court shall examine the transcript on appeal and, subject to the provision of subsections 1 and 2, award a new trial or partial new trial, reverse or affirm the judgment or order of the trial court, or give such judgment as such court ought to have given, as to the appellate court shall seem agreeable to law. Unless justice requires otherwise the court shall dispose finally of the case on appeal and no new trial shall be ordered as to issues in which no error appears.

4. Upon the affirmance of any judgment or order, or upon the dismissal of any case, the appellate court may award to the respondent such damages not exceeding ten percent of the amount of the judgment complained of as may be just, and when such judgment shall be affirmed for part of the sum of which judgment was rendered by the trial court, such part of said judgment shall bear lawful interest from the date of the rendition of the original judgment in the trial court.

5. The appellate court, upon the determination of any case on appeal, may award execution to carry the same into effect, or may remand the case, with the decision, to the trial court from whence the cause came, and such determination shall be carried into execution by such trial court.

(L. 1943 p. 353 § 140) (1986) An appeal which amounts to nothing more than a request that the court of appeals substitute its judgment for that of a trial court is held frivolous. An assertion on an appeal of a position diametrically opposite of one taken at trial is held frivolous. Swanigan v. Crochett, 713 S.W.2d 41 (Mo.App.).
Mo. Rev. Stat. § 528.430 — MO Code / Chapter 528 / Section 528.430
528.430 Sheriff and sureties responsible on his bond, when.
Status: in_force

528.430. Sheriff and sureties responsible on his bond, when. — The sheriff and his sureties shall be responsible on his official bond for his acts in all cases under this chapter, and for the notes, bonds or money collected or received by him, and he may be compelled to account for and pay over the same, in the same manner as in cases of money collected on execution.

(RSMo 1939 § 1751) Prior revisions: 1929 § 1587; 1919 § 2035; 1909 § 2599
Mo. Rev. Stat. § 454.412 — MO Code / Chapter 454 / Section 454.412
454.412 State case registry established, records kept.
Status: in_force

454.412. State case registry established, records kept. — 1. The division shall establish a "State Case Registry" which shall contain records of:

(1) Each case in which services are provided by the division pursuant to this chapter; and

(2) Each support order established or modified in the state on or after October 1, 1998.

2. The records in the state case registry shall use standardized data elements for both parents, including, but not limited to, the names, Social Security numbers, other uniform identification numbers, dates of birth, case identification numbers and any other information as required by federal statutes and regulations.

3. The clerk of the circuit court shall be responsible for providing the division with data elements for each support order established or modified by the circuit court on or after October 1, 1998. The data shall be provided in a format established by the division and may be furnished electronically.

4. Information in the state case registry shall be furnished to the Federal Case Registry of Child Support Orders established as provided for by 42 U.S.C. section 654A, and other federal and state agencies pursuant to federal statutes and regulations.

(L. 1997 S.B. 361) Effective 7-01-97
Mo. Rev. Stat. § 151.180 — MO Code / Chapter 151 / Section 151.180
151.180 Tax book delivered to collector — receipt to state director of revenue.
Status: in_force

151.180. Tax book delivered to collector — receipt to state director of revenue. — The county clerk, as soon as the railroad tax book has been made out and adjusted, shall deliver it to the county collector, taking duplicate receipts therefor, transmitting one to the state director of revenue, and charging the collector with the total amount of taxes in each of the several funds in the tax book, and the collector shall be liable on his bond for the faithful collection and disbursement thereof according to law.

(RSMo 1939 § 11263, A.L. 1945 p. 1825 § 21, A. 1949 S.B. 1033) Prior revisions: 1929 § 10032; 1919 § 13034; 1909 § 11586
Mo. Rev. Stat. § 452.740 — MO Code / Chapter 452 / Section 452.740
452.740 Initial child custody jurisdiction.
Status: in_force

452.740. Initial child custody jurisdiction. — 1. Except as otherwise provided in section 452.755 , a court of this state has jurisdiction to make an initial child custody determination only if:

(1) This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months prior to the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state;

(2) A court of another state does not have jurisdiction under subdivision (1) of this subsection, or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under section 452.770 or 452.775 , and:

(a) The child and the child's parents, or the child and at least one parent or person acting as a parent have a significant connection with this state other than mere physical presence; and

(b) Substantial evidence is available in this state concerning the child's care, protection, training and personal relationships;

(3) All courts having jurisdiction under subdivisions (1) and (2) of this subsection have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under section 452.770 or 452.775 ; or

(4) No state would have jurisdiction under subdivision (1), (2) or (3) of this subsection.

2. Subsection 1 of this section is the exclusive jurisdictional basis for making a child custody determination by a court of this state.

3. Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child custody determination.

(L. 2009 H.B. 481)
Mo. Rev. Stat. § 128.110 — MO Code / Chapter 128 / Section 128.110
128.110 List of names of electors to be delivered to each elector.
Status: in_force

128.110. List of names of electors to be delivered to each elector. — The governor shall, on or before the date of the meeting of such electors, cause lists of the names of such electors to be made and delivered to them as required by act of Congress. The persons employed in giving the notices, or conveying the returns aforesaid, shall be allowed five cents for every mile such persons may travel in going and returning in the performance of any of the services aforesaid, to be audited and paid as other claims.

(RSMo 1939 § 12321, A. 1949 H.B. 2061) Prior revisions: 1929 § 10740; 1919 § 5295; 1909 § 2754
Mo. Rev. Stat. § 172.859 — MO Code / Chapter 172 / Section 172.859
172.859 University of Missouri not to discriminate in providing rehabilitation ...
Status: in_force

172.859. University of Missouri not to discriminate in providing rehabilitation center services. — The curators of the University of Missouri, in providing the services of the rehabilitation center, shall not refuse to provide services to any state resident regardless of race, religion, creed, color, national origin, sex, handicap, age or ability to pay.

(L. 1996 S.B. 540) Effective 4-1-96
Mo. Rev. Stat. § 490.390 — MO Code / Chapter 490 / Section 490.390
490.390 Copies evidence when original lost.
Status: in_force

490.390. Copies evidence when original lost. — Copies of the record of such instruments, and of the certificates of acknowledgment or proof thereof, duly certified by the recorder of the county in which the same may have been recorded as aforesaid, when it shall be shown to the court, by oath or affidavit of the party wishing to use the same, or of anyone knowing the fact, that such instrument is lost, or not within the power of the party wishing to use the same, shall be received in evidence with like effect and on the same conditions as the original instrument.

(RSMo 1939 § 1876) Prior revisions: 1929 § 1712; 1919 § 5399; 1909 § 6343
Mo. Rev. Stat. § 21.410 — MO Code / Chapter 21 / Section 21.410
21.410 Writs and process may be issued.
Status: in_force

21.410. Writs and process may be issued. — Each house, or both houses in joint meeting, may cause to be issued necessary writs and process to summon and compel any person charged with any offense, whereof they have jurisdiction, to appear before them or any committee, and carry into execution their orders and sentences, and to summon and compel the attendance of witnesses in as full a manner as any court of law, and with like effect.

(RSMo 1939 § 12887, A.L. 1957 p. 595) Prior revisions: 1929 § 11262; 1919 § 7144; 1909 § 8140
Mo. Rev. Stat. § 190.320 — MO Code / Chapter 190 / Section 190.320
190.320 Election — ballot form.
Status: in_force

190.320. Election — ballot form. — Before any governing body may establish emergency telephone service and impose an emergency telephone tax under the provisions of sections 190.300 to 190.320 , it shall submit a proposal to its voters for the approval of such service and such tax. The ballot of submission shall contain, but need not be limited to, the following language:

If a majority of the votes cast on the proposal by the qualified voters voting thereon are in favor of the proposal, then the governing body may establish the service and impose the tax allowed by the provisions of sections 190.300 to 190.320 . If a majority of the votes cast on the proposal by the qualified voters voting thereon are opposed to the proposal, then the governing body submitting the proposal shall not be allowed to implement the provisions of sections 190.300 to 190.320 until it has again submitted such proposal to its qualified voters and a majority of the votes cast are in favor of the proposal.

(L. 1981 H.B. 437 § 5)
Mo. Rev. Stat. § 169.573 — MO Code / Chapter 169 / Section 169.573
169.573 Plan for utilization of minority professionals, report.
Status: in_force

169.573. Plan for utilization of minority professionals, report. — All retirement systems created in this chapter shall develop an affirmative action plan for the utilization of minority and women money managers, brokers, and investment counselors. Such retirement systems shall report their progress annually to the joint committee on public employee retirement.

(L. 1994 S.B. 575 § 1) Effective 5-26-94
Mo. Rev. Stat. § 178.585 — MO Code / Chapter 178 / Section 178.585
178.585 Upgrade of vocational and technical education — advisory committees — ...
Status: in_force

178.585. Upgrade of vocational and technical education — advisory committees — listing of demand occupations — use of funds. — 1. Under rules and regulations of the state board of education, the commissioner of education, in cooperation with the director of the division of workforce development of the department of economic development, shall establish procedures to provide grants to public high schools, vocational-technical schools, State Technical College of Missouri, and community colleges solely for the purpose of new programs, curriculum enhancement, equipment and facilities so as to upgrade vocational and technical education in the state.

2. Each vocational-technical school, community college, State Technical College of Missouri, and school district of any public high school receiving a grant authorized by this section shall have an advisory committee composed of local business persons, labor leaders, parents, senior citizens, community leaders and teachers to establish a plan to ensure that students who graduate from the vocational-technical school, community college, State Technical College of Missouri, or public high school proceed to a four-year college or high-wage job with workplace-skill development opportunities.

3. The director of the department of economic development shall provide annually to the commissioner of education a listing of demand occupations in the state including substate projections. The listing shall include those occupations for which, in the judgment of the director of the department of economic development, there is a critical shortage to meet present or future employment needs necessary to the economic growth and competitiveness of the state.

4. In any fiscal year, at least seventy-five percent of all moneys for the grant awards authorized by this section shall be to public high schools, vocational-technical schools, State Technical College of Missouri, or community colleges for new programs, curriculum enhancement or equipment necessary to address demand occupations identified pursuant to subsection 3 of this section.

(L. 1993 S.B. 380 § 16, A.L. 1995 S.B. 101, A.L. 2008 H.B. 2041, A.L. 2013 H.B. 673) Effective 7-01-14
Mo. Rev. Stat. § 470.210 — MO Code / Chapter 470 / Section 470.210
470.210 Proceeds paid into abandoned fund account.
Status: in_force

470.210. Proceeds paid into abandoned fund account. — All moneys realized from the sale of any real estate, after paying all costs of such proceedings, and such compensation to the prosecuting attorney as shall be allowed by the court in which such order of sale is made, shall be paid by the sheriff into the state treasury within ninety days after the receipt thereof; and if said sheriff fails to pay said money into the state treasury within ninety days after the receipt thereof, the sheriff shall be proceeded against in the same manner as is provided in section 470.030 . Moneys so paid into the state treasury shall be deemed unclaimed property under the uniform disposition of unclaimed property act as set forth in chapter 447 and shall be credited into the abandoned fund account, and shall be treated in the same manner as other moneys paid into the state treasury under sections 470.010 to 470.220 .

(RSMo 1939 § 640, A.L. 2002 S.B. 1248) Prior revisions: 1929 § 640; 1919 § 5329; 1909 § 6276 Effective 6-19-02
Mo. Rev. Stat. § 208.434 — MO Code / Chapter 208 / Section 208.434
208.434 Amount final, when — protest, procedure.
Status: in_force

208.434. Amount final, when — protest, procedure. — 1. Each Medicaid managed care organization reimbursement allowance determination shall be final after receipt of written notice from the department of social services, unless the Medicaid managed care organization files a protest with the director of the department of social services setting forth the grounds on which the protest is based, within thirty days from the date of receipt of written notice from the department of social services to the managed care organization.

2. If a timely protest is filed, the director of the department of social services shall reconsider the determination and, if the Medicaid managed care organization has so requested, the director or the director's designee shall grant the managed care organization a hearing to be held within forty-five days after the protest is filed, unless extended by agreement between the managed care organization and the director. The director shall issue a final decision within forty-five days of the completion of the hearing. After reconsideration of the reimbursement allowance determination and a final decision by the director of the department of social services, a managed care organization's appeal of the director's final decision shall be to the administrative hearing commission in accordance with sections 208.156 and 621.055 .

(L. 2005 S.B. 189) Effective 5-13-05 Expires 9-30-29; see § 208.437
Mo. Rev. Stat. § 249.140 — MO Code / Chapter 249 / Section 249.140
249.140 Trustees, qualifications, election, term.
Status: in_force

249.140. Trustees, qualifications, election, term. — 1. Any candidate for the office of trustee in the district shall be an American citizen over the age of twenty-five years and shall have been a resident within the county within which the district is situated for more than four whole years next before the date of the election at which he is a candidate and shall be a voter of the district. Any person desiring to become a candidate for the office of trustee at the election held on the original incorporation of the district, as provided in section 249.070 , shall file with the county commission or with the election commissioners a statement, under oath, that he possesses the qualifications required by sections 249.010 to 249.420 for trustee and shall pay a filing fee of five dollars, whereupon his name shall be placed on the ballot as candidate for trustee. Any person desiring to become a candidate for the office of trustee in any subsequent election shall file such statement, under oath, with and pay such filing fee to the secretary of the board of trustees, whereupon his name shall be placed on the ballot as candidate for the office of trustee.

2. At such initial election the candidate who receives the highest number of votes shall be elected for a six-year term as trustee; the candidate who receives the second highest number of votes shall be elected for a four-year term as trustee; the candidate who receives the third highest number of votes shall be elected for a two-year term as trustee.

3. After his election each trustee shall take and subscribe his oath or affirmation before the clerk of the circuit court to the effect that he is qualified to act as trustee under the provisions of sections 249.010 to 249.420 and that he will perform his duties as such trustee to the best of his ability and impartially in the interest of the whole district.

(RSMo 1939 § 12651, A.L. 1951 p. 627, A.L. 1978 H.B. 971)
Mo. Rev. Stat. § 8.685 — MO Code / Chapter 8 / Section 8.685
8.685 Prohibited conduct by construction management service, effect.
Status: in_force

8.685. Prohibited conduct by construction management service, effect. — No construction management services contract may be awarded by a public owner on a negotiated basis as provided herein if the construction manager, or a firm that controls, is controlled by, or shares common ownership or control with the construction manager, guarantees, warrants, or otherwise assumes financial responsibility for the work of others on the project; or provides the public owner with a guaranteed maximum price for the work of others on the project; or furnishes or guarantees a performance or payment bond for other contractors on the project. In any such case, the contract for construction management services shall be let by competitive bidding as in the case of contracts for construction work.

(L. 1993 S.B. 241 § 1 subsec. 6)
Mo. Rev. Stat. § 217.420 — MO Code / Chapter 217 / Section 217.420
217.420 Surgery, general anesthetic not authorized for offender without consent or ...
Status: in_force

217.420. Surgery, general anesthetic not authorized for offender without consent or court order, exceptions, emergencies — treatment against religious beliefs, when allowed. — 1. Except in case of an emergency, the department shall not authorize or permit any major surgery to be performed upon or general anesthetic to be administered to any offender committed to the department unless specific written consent thereto shall first have been obtained from the offender or his parent or legal guardian if he is a minor, or, in the absence of such consent, from the court which vested legal custody of such offender in the department or the circuit court of the county where the offender is located.

2. Upon the recommendation of an attending physician, psychiatrist, psychologist, surgeon or dentist, the department may authorize medical, psychiatric, psychological, surgical or dental care and treatment, respectively, as may be required by the condition of the offender. If the care and treatment is contrary to the religious tenets and beliefs of such offender, the treatment of such offender may be authorized by the department only upon the specific written consent of the offender, or his parent or legal guardian if he is a minor, or, in the absence of such consent, upon the specific written order of the court which vested legal custody of the offender in the department or the circuit court of the county where the offender's correctional center is located.

3. When the offender has been placed in a correctional center other than one administered by the department, the person or persons administering such facility shall have the authority to provide the offender with necessary medical, psychiatric, psychological, surgical or dental care only to the extent that such authority has been delegated to such persons with respect to particular offenders and subject to such limitations as may be prescribed by law.

(L. 1982 H.B. 1196 § 29, A.L. 1989 H.B. 408, A.L. 1995 H.B. 424)
Mo. Rev. Stat. § 47.230 — MO Code / Chapter 47 / Section 47.230
47.230 Proceedings on default of payment for lots.
Status: in_force

47.230. Proceedings on default of payment for lots. — If default be made in the payment of the purchase money of any lot, or any part thereof, according to the terms of sale, or the tenor and effect of any bond or note given to secure the same, such lot shall be forfeited to the use of the county, and the commissioner shall resell the same, for ready money, at public auction, to the highest bidder, at the place of holding courts for such county for the time being, on some day during the sitting of the county commission, giving ten days' previous notice of the time and place of sale, and the property to be sold, by advertisements put up at four of the most public places in the county; and on receiving the purchase money, the commissioner shall make a deed to the purchaser, in the manner and with like effect as in cases of other sales under this chapter, and the purchase money shall be accounted for as other moneys received by the commissioner, and the amount thereof, after paying the expenses of the sale, shall be credited upon the bonds or notes of such delinquent purchaser; and if it be sufficient to pay the whole, such bonds or notes shall be cancelled but no part shall be paid to such purchaser, although there may be more than sufficient to pay the debt due by him; and if the proceeds of such sale shall not be sufficient to satisfy the whole of the debt due by such purchaser, the commissioner shall proceed to enforce the payment of the residue by suit.

(RSMo 1939 § 13685) Prior revisions: 1929 § 12026; 1919 § 9428; 1909 § 3645