FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 166.041 — MO Code / Chapter 166 / Section 166.041
166.041 State board of education to keep account with treasurer — suits to recover ...
Status: in_force

166.041. State board of education to keep account with treasurer — suits to recover money due. — 1. The state board of education shall keep a regular account with the state treasurer and all other persons in relation to the state public school fund.

2. The state board of education shall require all persons who receive any money belonging to the fund or income to settle their accounts, and, in that name, may sue for and recover all moneys due from any person on account of the fund or income.

(L. 1963 p. 200 § 7-4) (Source: RSMo 1959 § 161.221)
Mo. Rev. Stat. § 115.539 — MO Code / Chapter 115 / Section 115.539
115.539 Circuit court to order recount of votes, when.
Status: in_force

115.539. Circuit court to order recount of votes, when. — If the court finds there is a prima facie showing of irregularities which place the result of the primary election in doubt, the court shall order a recount of all votes brought in question by the petition or its answer. Where the issue is drawn over the validity of certain votes cast, a prima facie case is made if the validity of a number of votes equal to or greater than the margin of defeat is placed in doubt. The court may order a recount of all votes brought in question by the petition or its answer at any time if it finds that the primary election result is placed in doubt. All materials and records relating to the contested election may be subpoenaed and all information contained therein shall be subject to the rules of discovery in civil cases. During a recount, the court may hear additional evidence offered by any party bearing on any issue relating to the contested election.

(L. 1977 H.B. 101 § 13.030) Effective 1-01-78
Mo. Rev. Stat. § 272.370 — MO Code / Chapter 272 / Section 272.370
272.370 Petition for election — notice — order of adoption.
Status: in_force

272.370. Petition for election — notice — order of adoption. — The county commission may on its own motion and shall upon the petition of one hundred real estate owners of ten acres or more of the county submit to the voters at a general or special election the proposition for the adoption by the county of the provisions of sections 272.210 to 272.370 . The commission shall cause notice of the election to be published in a newspaper published within the county, or if no newspaper is published within the county, in a newspaper published in an adjoining county, for three weeks consecutively, the last insertion of which shall be at least ten days before the day of the election, and by posting printed notices thereof at three of the most public places in each township in the county. If a majority of the voters voting on the proposition vote in favor of the adoption of the provisions of sections 272.210 to 272.370 the county commission shall issue an order declaring the adoption. From and after the issuance of the order the provisions of sections 272.210 to 272.370 shall be in full force and effect in the county and the provisions of sections 272.010 to 272.140 shall be suspended in the county.

(L. 1963 p. 401 § 17)
Mo. Rev. Stat. § 8.968 — MO Code / Chapter 8 / Section 8.968
8.968 Requirements for certain contracts for construction, repair, remodeling, or ...
Status: in_force

8.968. Requirements for certain contracts for construction, repair, remodeling, or demolition of facilities. — 1. The state, any agency of the state, any political subdivision of the state, or any instrumentality thereof, when engaged in procuring or letting contracts for construction, repair, remodeling, or demolition of a facility shall ensure that bid specification, project agreements, and other controlling documents entered into, required, or subject to approval by the state, agency, political subdivision, or instrumentality do not:

(1) Require or prohibit bidders, offerors, contractors, or subcontractors to enter into or adhere to agreements with one or more labor organizations on the same or related projects; or

(2) Discriminate against, encourage, or give preferential treatment to bidders, offerors, contractors, or subcontractors for:

(a) Entering or refusing to enter agreements with one or more labor organizations on the same or related construction projects; or

(b) Remaining or refusing to remain signatory with one or more labor organizations on the same or related construction projects.

2. Nothing in this section shall be construed to prohibit the state, any agency of the state, any political subdivision of the state, or any instrumentality thereof from requiring bidders, offerors, contractors, or subcontractors, as a condition of receiving work or submitting a bid, to test its workers and employees for the presence of illegal drugs.

(L. 2022 S.B. 758) Transferred 2022; formerly § 34.209 .
Mo. Rev. Stat. § 355.666 — MO Code / Chapter 355 / Section 355.666
355.666 Dissolution, articles of, notice, plan.
Status: in_force

355.666. Dissolution, articles of, notice, plan. — 1. A majority of the incorporators or directors of a corporation that has no members may, subject to any approval required by the articles or bylaws, dissolve the corporation by delivering to the secretary of state articles of dissolution.

2. The corporation shall give notice of any meeting at which dissolution will be approved. The notice shall be in accordance with subsection 3 of section 355.386 . The notice must also state that the purpose, or one of the purposes, of the meeting is to consider dissolution of the corporation.

3. The incorporators or directors in approving dissolution shall adopt a plan of dissolution indicating to whom the assets owned or held by the corporation will be distributed after all creditors have been paid.

(L. 1994 H.B. 1095) Effective 7-01-95
Mo. Rev. Stat. § 103.163 — MO Code / Chapter 103 / Section 103.163
103.163 Delinquent participating member agency, effect — first lien on member ...
Status: in_force

103.163. Delinquent participating member agency, effect — first lien on member agency's fund — writ of mandamus for payment. — If any participating member agency fails to make any payment due the plan for a period of sixty days after the payment is due, the participating member agency shall become delinquent and the amount of the delinquency shall constitute a first lien of the funds of the participating member agency, and the board is authorized to compel payment by application for a writ of mandamus; and, in addition, such delinquency shall be certified by the board to the state treasurer. Until such delinquency, together with regular interest, is satisfied, the state treasurer shall withhold all moneys due the participating member agency from the state.

(L. 1992 H.B. 1574 § 4 subsec. 10)
Mo. Rev. Stat. § 622.090 — MO Code / Chapter 622 / Section 622.090
622.090 Powers and duties of division of motor carrier and railroad safety.
Status: in_force

622.090. Powers and duties of division of motor carrier and railroad safety. — The jurisdiction, supervision, powers and duties of the motor carrier and railroad safety division herein created and established shall extend under this chapter:

(1) To all railroads within this state, and to all transportation of persons or property thereon, and to the person or corporation owning, leasing, operating or controlling the same, and to every person, corporation and entity that offers for transportation by railroad within this state hazardous or toxic materials as defined under the laws of this state or of the United States;

(2) To all street railroads within this state, and to all transportation of persons or property thereon, and to the person or corporation owning, leasing, operating or controlling the street railroad;

(3) To the extent authorized in section 389.1005 , to the operation of light rail, as defined in section 386.020 , located wholly or in part within this state, and to all transportation of persons and their baggage on light rail within this state;

(4) To such portion of the lines of any other railroad, light rail or street railroad as lie within this state, and to the person, corporation or entity owning, leasing, operating or controlling the same, so far as concerns the construction, maintenance, equipment, terminal facilities and local transportation facilities and local transportation of persons or property within this state;

(5) To all motor carriers, railroad corporations, and street railroad corporations operating or doing business within this state;

(6) To all persons, corporations or partnerships engaged in the transportation of property or freight within the state; and

(7) To all corporations and persons whatsoever subject to the provisions of chapters 387 , 388 , 389 , 390 , and 391 and this chapter.

(L. 1988 S.B. 676, A.L. 1996 H.B. 876) CROSS REFERENCE: Highway reciprocity commission abolished, duties and functions transferred to highways and transportation commission, 226.008
Mo. Rev. Stat. § 540.070 — MO Code / Chapter 540 / Section 540.070
540.070 Challenge for other causes not allowed.
Status: in_force

540.070. Challenge for other causes not allowed. — No challenge to the array of grand jurors, or to any person summoned as a grand juror, shall be allowed except as provided in section 540.045 and in section 540.050 .

(RSMo 1939 § 3904, A.L. 1989 S.B. 127, et al.) Prior revisions: 1929 § 3515; 1919 § 3860; 1909 § 5068
Mo. Rev. Stat. § 456.1020 — MO Code / Chapter 456 / Section 456.1020
456.1020 Intent to exercise — determining intent from residuary clause.
Status: in_force

456.1020. Intent to exercise — determining intent from residuary clause. — 1. As used in this section:

(1) "Residuary clause" does not include a residuary clause containing a blanket-exercise clause or a specific-exercise clause; and

(2) "Will" includes a codicil and a testamentary instrument that revises another will.

2. A residuary clause in a powerholder's will or a comparable clause in the powerholder's revocable trust manifests the powerholder's intent to exercise a power of appointment only if:

(1) The power is a general power exercisable in favor of the powerholder's estate;

(2) There is no gift-in-default clause or the clause is ineffective; and

(3) The powerholder did not release the power.

(L. 2016 H.B. 1765)
Mo. Rev. Stat. § 257.020 — MO Code / Chapter 257 / Section 257.020
Section 257.020
Status: in_force

257.020. Definitions. — Unless the context requires otherwise, as used in this chapter the following terms mean:

(1) "Court" , the circuit court wherein the petition for the organization of the district was filed and granted;

(2) "Person" , person, firm, copartnership, association or corporation;

(3) "Public corporation" , counties, townships, cities, towns, villages, all special districts, and all other governmental agencies;

(4) "River" :

(a) The main stream and its tributaries of a primary drainage basin;

(b) The main stream and its tributaries of a secondary drainage basin;

(c) The principal stream of a tributary drainage area and its tributaries;

(d) The stream or streams of an unnamed drainage area, the specific delineation of which is otherwise provided for herein;

(5) "River basin" :

(a) A primary drainage basin; and including all of the area of a primary drainage basin above the point where the main stream of such basin flows out of the state of Missouri;

(b) A secondary drainage basin;

(c) A tributary drainage area, the principal stream of which drains directly into the main stream of a primary or secondary drainage basin; or

(d) The unnamed drainage areas not within any primary drainage basin and including those areas which border and drain directly into the Mississippi, Missouri, or Des Moines Rivers; all such basins and areas, and the streams thereof, being those delineated on the Missouri Bureau of Geology and Mines Drainage Map of 1927 as prepared and drawn under authorization of Laws of Missouri, 1921, page 88, and which drainage map was accordingly made of record in the bureau's biennial report of the state geologist transmitted to the 54th general assembly in 1927. Such delineation of basins and areas shall be understood to define their general locations and names, if any, and to be not definitive of their exact boundaries.

(L. 1959 S.B. 199 § 1, A.L. 1978 H.B. 971)
Mo. Rev. Stat. § 354.335 — MO Code / Chapter 354 / Section 354.335
354.335 Damages allowed if corporation without reasonable cause refuses to pay.
Status: in_force

354.335. Damages allowed if corporation without reasonable cause refuses to pay. — In any action against any corporation subject to the provisions of sections 354.010 to 354.380 to recover the amount of any loss under a policy of health insurance, if it appears from the evidence that such corporation has refused to pay such loss without reasonable cause or excuse, the court or jury may, in addition to the amount thereof and interest, allow the plaintiff damages not to exceed twenty percent of the first fifteen hundred dollars of the loss, and ten percent of the amount of the loss in excess of fifteen hundred dollars and a reasonable attorney's fee; and the court shall enter judgment for the aggregate sum found in the verdict.

(L. 1983 H.B. 127)
Mo. Rev. Stat. § 173.370 — MO Code / Chapter 173 / Section 173.370
173.370 Organizational meeting — officers — secretary, appointment, duties, ...
Status: in_force

173.370. Organizational meeting — officers — secretary, appointment, duties, compensation, executive director, appointment, compensation. — 1. The chairman of the coordinating board shall call and convene the initial organizational meeting of the authority and shall serve as its chairman pro tem. At the initial meeting and annually thereafter, the authority shall elect one of its members as chairman and one as vice chairman. In addition, at the initial meeting and annually thereafter, the authority shall appoint a secretary and a treasurer either of whom may be a member of the authority and, if not a member of the authority, shall receive such compensation as shall be fixed from time to time by action of the authority. The authority may appoint an executive director who shall not be a member of the authority and who shall serve at its pleasure. If an executive director is appointed, he shall receive such compensation as shall be fixed from time to time by action of the authority. The authority may designate the secretary to act in lieu of the executive director. The secretary shall keep a record of the proceedings of the authority and shall be the custodian of all books, documents, and papers filed with the authority, the minute books or journal thereof, and its official seal. The secretary may cause copies to be made of all minutes and other records and documents of the authority and may give certificates under the official seal of the authority to the effect that the copies are true and correct copies, and all persons dealing with the authority may rely on such certificates. The authority, by resolution duly adopted, shall fix the powers and duties of its executive director as it may from time to time deem proper and necessary.

2. The executive director, with approval of the authority, may hire such additional employees as may be needed to carry out the functions and purposes of the authority. These employees shall receive such compensation as shall be fixed from time to time by action of the authority.

(L. 1981 H.B. 326)
Mo. Rev. Stat. § 408.360 — MO Code / Chapter 408 / Section 408.360
408.360 Citation of law.
Status: in_force

408.360. Citation of law. — Sections 408.250 to 408.370 may be cited as the "Missouri Retail Credit Sales Law".

(L. 1961 p. 638 § 1)
Mo. Rev. Stat. § 344.070 — MO Code / Chapter 344 / Section 344.070
344.070 Board officers, how selected — duties and powers of board — rules and ...
Status: in_force

344.070. Board officers, how selected — duties and powers of board — rules and regulations, procedure. — 1. The board shall annually elect one of its members as president, another as vice president, and another as secretary. It shall adopt an official seal. It shall file and preserve all written applications, petitions, complaints, charges or requests made or presented to it. It shall cause to be kept accurate records and minutes of its proceedings, and shall maintain a register of the names and addresses of all persons holding licenses as nursing home administrators. A copy of any entry in the register, or of any records or minutes of the board, certified by the president or secretary of the board under its seal, shall be received in evidence, to all intents and purposes as the original. The board may employ such part- or full-time clerical assistance, purchase such equipment and supplies, employ legal counsel, employ a part- or full-time investigator, and incur travel and other expense, within the limits of its appropriations.

2. The board shall adopt, amend and repeal rules and regulations necessary to carry out the provisions of sections 344.020 to 344.108 . Any rule or regulation under the authority of sections 344.020 to 344.108 shall be promulgated in accordance with chapter 536 . The committee on administrative rules may file a complaint in accordance with the provisions of chapter 536 before the commission contesting the validity of any rule purportedly promulgated under the authority of sections 344.020 to 344.108 . On filing any complaint in accordance with this section, the administrative hearing commission shall immediately suspend that portion of the rule which is challenged until the commission has determined the matter. The commission shall hold a hearing within ten days of the filing to determine the matter. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024 .

3. The board shall examine, license, and renew the license of duly qualified applicants, and shall conduct hearings affording due process of law, upon charges calling for discipline of a licensee. The board shall refer to the appropriate prosecuting attorney information regarding any persons violating the provisions of sections 344.010 to 344.108 and may incur necessary expenses therefor.

(L. 1969 3d Ex. Sess. H.B. 33 § 7, A.L. 1979 S.B. 145, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 2007 H.B. 686 merged with H.B. 780)
Mo. Rev. Stat. § 478.073 — MO Code / Chapter 478 / Section 478.073
478.073 Circuit realignment plan authorized — judicial conference duties — ...
Status: in_force

478.073. Circuit realignment plan authorized — judicial conference duties — effective date — minimum number of circuits — publication by the revisor. — 1. (1) As set forth in this section, the general assembly authorizes the judicial conference of the state of Missouri, as established pursuant to section 476.320 , to alter the geographical boundaries and territorial jurisdiction of the judicial circuits by means of a circuit realignment plan as the administration of justice may require, subject to the requirements set forth in Article V of the Constitution of Missouri.

(2) Beginning in 2020, and every twenty years thereafter, within the first ten calendar days of the regular legislative session, the judicial conference shall submit to the secretary of the senate, the chief clerk of the house of representatives and the chairs of the house and senate judiciary committees a circuit realignment plan for the alteration of the geographical boundaries and territorial jurisdiction of the judicial circuits. Along with a statement of the numbers and boundaries of the proposed judicial circuits together with a map of the proposed judicial circuits, the circuit realignment plan shall include an analysis of the following supporting information:

(a) A current judicial weighted workload model;

(b) A current clerical weighted workload model;

(c) Whether litigants in the current circuits have adequate access to the courts;

(d) The populations of the current and proposed judicial circuits determined on the basis of the most recent decennial census of the United States or annual population estimates prepared by the United States Bureau of the Census;

(e) Judicial duties and travel time;

(f) Historical connections between counties in the judicial circuits; and

(g) Other information deemed relevant by the judicial conference.

(3) Once submitted to both chambers, a circuit realignment plan shall become effective January first of the year following the session of the general assembly to which it is submitted, unless a bill realigning the judicial circuits is presented to the governor and is duly enacted.

2. A circuit realignment plan shall not alter the total number of judicial circuits in existence on December 31, 2019, and any circuit realignment plan creating or reducing the number of judicial circuits shall be null and void.

3. A circuit realignment plan not superceded in the manner set forth in this section shall be considered for all purposes as the equivalent in force, effect, and intent of a public act of the state upon its taking effect, and it shall be published by the revisor of statutes together with the laws adopted by the general assembly during the session in which the plan is submitted.

(L. 1959 S.B. 96, A.L. 1971 S.B. 163, A.L. 2013 H.B. 374 & 434) CROSS REFERENCE: Judicial circuits--establishment and changes, Const. Art. V § 15
Mo. Rev. Stat. § 92.115 — MO Code / Chapter 92 / Section 92.115
92.115 Constitutional charter cities — requirements — ballot language.
Status: in_force

92.115. Constitutional charter cities — requirements — ballot language. — 1. Any constitutional charter city which as of November 2, 2010, imposed or levied an earnings tax may continue to impose or levy an earnings tax, pursuant to sections 92.111 to 92.200 , if it submits to the qualified voters of such city on the next general municipal election date immediately following November 2, 2010, and once every five years thereafter, the question whether to continue to impose and levy the earnings tax authorized pursuant to sections 92.111 to 92.200 , and if a majority of qualified voters voting approve the continuance of the earnings tax at such election.

2. The question submitted to the qualified voters in any such city shall contain the earnings tax percentage imposed and the name of the city submitting the question and shall otherwise contain exactly the following language:

3. If the question whether to continue to impose and levy the earnings tax fails to be approved by the majority of qualified voters voting thereon, the earnings tax levied and imposed on November 2, 2010, shall be reduced pursuant to section 92.125 commencing January first of the calendar year following the date of the election held under this section or January first of the calendar year following the calendar year in which such election was authorized under this section but not held by such city.

4. No city which has begun reductions of its earnings tax pursuant to section 92.125 may, by ordinance or any other means, with or without voter approval, stop or suspend such reduction.

(L. 2010 Adopted by Initiative, Proposition A, November 2, 2010)
Mo. Rev. Stat. § 253.010 — MO Code / Chapter 253 / Section 253.010
253.010 Definitions.
Status: in_force

253.010. Definitions. — As used in this chapter, the following words shall mean:

(1) "Department" , the department of natural resources;

(2) "Land" , upland, land under water, the water itself and every estate, interest and right, legal or equitable in land or water;

(3) "Park" , any land, site or object primarily of recreational value or of cultural value because of its scenic, historic, prehistoric, archeologic, scientific, or other distinctive characteristics or natural features;

(4) "Parkway" , an elongated area of parkland, usually contiguous to a pleasure driveway and often containing recreational areas.

(L. 1953 p. 317 § 1, A.L. 1986 H.B. 1554 Revision)