FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 311.850 — MO Code / Chapter 311 / Section 311.850
311.850 Action to replevin seized liquor, limitations, procedure — damages — ...
Status: in_force

311.850. Action to replevin seized liquor, limitations, procedure — damages — appeals — sale of seized liquor — duties of prosecuting officials. — 1. Whenever any intoxicating liquor or other property of the value of fifty dollars or less is seized as contraband under any provision of the liquor control law by any officer, he shall give to the person from whom it is seized a receipt for said property. Any person claiming title to said property as owner or otherwise may at any time within sixty days of such seizure file a suit in replevin against the officer seizing said property. Said suit shall be heard by the court without a jury and conducted as any other suit in replevin is conducted except as otherwise provided in this chapter, but if the court shall adjudge the return of the property to the defendant or to some third party, the officer making the seizure shall not be liable for any costs or damages, unless the court shall find that said seizure was made maliciously and that said officer did not have probable cause to believe said property was contraband. If the court shall find that said seized property is contraband, he shall order it turned over to the supervisor of liquor control to be sold by him and the proceeds to be paid into the general revenue fund of the state.

2. Appeals shall be allowed from the judgment of the court as in other civil actions.

3. If no suit is filed within sixty days after the seizure of such property, the officer seizing said property shall turn it over to the supervisor of liquor control to be sold by him and the proceeds of the sale shall be paid into the general revenue fund of the state of Missouri. Whenever any liquor is sold by any officer which does not bear proper stamps of the director of revenue upon the containers, he shall, before selling it, obtain the proper excise stamps from the director of revenue and affix them to the containers of such liquor, and the cost thereof shall be returned to the officer out of the proceeds of the sale.

4. The supervisor of liquor control and his agents and any other officer authorized to make seizures of contraband property under the liquor control act are each hereby authorized and empowered to call upon the prosecuting attorneys of the respective counties and the circuit attorney of the city of St. Louis and the attorney general of the state of Missouri to represent them in any proceeding hereunder, and thereafter it shall be the duty of such prosecuting or circuit attorney or the attorney general to proceed on behalf of the officer making such call according to the provisions of this chapter.

(L. 1949 p. 320 § 4917a)
Mo. Rev. Stat. § 660.100 — MO Code / Chapter 660 / Section 660.100
660.100 Financial assistance for heating — definitions.
Status: in_force

660.100. Financial assistance for heating — definitions. — 1. The department of social services is directed to establish a plan for providing financial assistance to elderly households, disabled households and qualified individual households for the payment of charges for the primary or secondary heating or cooling source for the household. This plan shall be known as "Utilicare".

2. For purposes of sections 660.100 to 660.136 , the term "elderly" shall mean having reached the age of sixty-five and the term "disabled" shall mean totally and permanently disabled or blind and receiving federal Social Security disability benefits, federal supplemental security income benefits, veterans administration benefits, state blind pension pursuant to sections 209.010 to 209.160 , state aid to blind persons pursuant to section 209.240 , or state supplemental payments pursuant to section 208.030 . For the purposes of sections 660.100 to 660.136 , but not for the purpose of determining "eligible subscribers" pursuant to subdivision (4) of section 660.138 , the term "qualified individual household" shall mean a household in which:

(1) One or more residents of the state of Missouri reside and whose combined household income is less than or equal to one hundred and fifty percent of the current federal poverty level or sixty percent of the state median income for the relevant household; and

(2) While the Federal Low Income Home Energy Assistance Program remains in effect, the household is also determined to be eligible for assistance under such program and related state programs of the Missouri department of social services.

(L. 1979 H.B. 545, et al. § 1, A.L. 1980 H.B. 1177, et al., A.L. 1997 S.B. 263, A.L. 2002 S.B. 810)
Mo. Rev. Stat. § 273.030 — MO Code / Chapter 273 / Section 273.030
273.030 Dogs may be killed, when.
Status: in_force

273.030. Dogs may be killed, when. — If any person shall discover any dog or dogs in the act of killing, wounding or chasing sheep in any portion of this state, or shall discover any dog or dogs under such circumstances as to satisfactorily show that such dog or dogs has or have been recently engaged in killing or chasing sheep or other domestic animal or animals, such person is authorized to immediately pursue and kill such dog or dogs; provided, however, that such dog or dogs shall not be killed in any enclosure belonging to or being in lawful possession of the owner of such dog or dogs.

(RSMo 1939 § 14536) Prior revisions: 1929 § 12862; 1919 § 4352; 1909 § 856
Mo. Rev. Stat. § 165.012 — MO Code / Chapter 165 / Section 165.012
165.012 School district financial reporting requirements to the department — ...
Status: in_force

165.012. School district financial reporting requirements to the department — information to be available on department's website. — 1. Each school district shall annually report to the department of elementary and secondary education, within thirty days, the following district information as of December thirty-first of the current school year:

(1) The district's unrestricted fund balance in the incidental fund and in the teacher's fund;

(2) The amount of tax anticipation borrowed funds placed in the incidental fund and in the teacher's fund since the beginning of the school year; and

(3) The net amount of transfer from the incidental fund and teacher's fund to the capital projects fund and to the debt service fund since the beginning of the school year.

2. For the 2005-06 school year, each school district shall also provide the same information required under subsection 1 of this section as of December 31, 2003, and as of December 31, 2004.

3. The information reported under this section shall be included on the department's website, for the current school year and for each of the preceding four school years to the extent that such information was required to be reported under subsections 1 and 2 of this section.

(L. 2005 S.B. 287) Effective 7-01-06
Mo. Rev. Stat. § 307.150 — MO Code / Chapter 307 / Section 307.150
307.150 List of approved glass.
Status: in_force

307.150. List of approved glass. — The state highway patrol shall maintain a list of approved types of glass which conform to the requirement of section 307.130 and shall furnish a copy of such list to the director of revenue and thereafter shall keep the director of revenue informed as to any changes in or additions to such list.

(RSMo 1939 § 8392, A.L. 1945 p. 1194)
Mo. Rev. Stat. § 178.300 — MO Code / Chapter 178 / Section 178.300
178.300 Part-time schools established, when.
Status: in_force

178.300. Part-time schools established, when. — Whenever in any school district in this state not less than twenty-five employment certificates for children under sixteen years of age have been issued and are in full force and effect, the school district shall establish and maintain part-time schools, departments or classes for the employed children for not less than four hours per week and for a term not less than that in which schools are regularly in session in the district.

(L. 1963 p. 200 § 13-30) (Source: RSMo 1959 § 162.200) CROSS REFERENCES: Child labor, 294.011 to 294.110 Compulsory attendance of part-time schools, 167.051
Mo. Rev. Stat. § 428.135 — MO Code / Chapter 428 / Section 428.135
428.135 Liability for filing or recording certain documents.
Status: in_force

428.135. Liability for filing or recording certain documents. — Any person who records or files in the office of a filing officer:

(1) Any document purporting to create a nonconsensual common law lien against real or personal property; or

(2) A notice of invalid lien pursuant to subsection 2 of section 428.110 with respect to a valid lien and which the filer knew to be false at the time of filing; shall be liable to the damaged party for actual damages or five thousand dollars, whichever is greater plus costs and reasonable attorney's fees.

(L. 1996 S.B. 869 § D-7)
Mo. Rev. Stat. § 161.102 — MO Code / Chapter 161 / Section 161.102
161.102 State board to adopt rules concerning courses in physical education and ...
Status: in_force

161.102. State board to adopt rules concerning courses in physical education and provide manual — procedure. — 1. The state board of education shall:

(1) Adopt and promulgate rules and regulations deemed necessary to secure courses in physical education to all pupils and students in all public schools and in all educational institutions supported in whole or in part by the state; and *

(2) With the advice and cooperation of the director of the state department of health and senior services, compile and print a manual of physical education and health supervision and school nurse service to be distributed for use by the teachers, supervisors of physical education, school health supervisors and school nurses of the state.

2. 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 .

(L. 1963 p. 200 § 2-10, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3) (Source: RSMo 1959 § 163.250) *Word "and" does not appear in original rolls. CROSS REFERENCE: Teacher training institutions to provide physical education courses, 174.125
Mo. Rev. Stat. § 376.1322 — MO Code / Chapter 376 / Section 376.1322
376.1322 Mutual holding company subject to supervision of director, dissolution or ...
Status: in_force

376.1322. Mutual holding company subject to supervision of director, dissolution or liquidation — demutualization. — 1. A mutual holding company is subject to the supervision of the director of the department of commerce and insurance in the same manner as an insurer subject to the provisions of this chapter and shall automatically be a party to any proceeding pursuant to the Missouri insurers supervision, rehabilitation and liquidation act, sections 375.1150 to 375.1246 , involving a life insurance company which, as a result of a reorganization pursuant to section 376.1300 , is a subsidiary of the mutual holding company or a stock holding company created pursuant to section 376.1307 . In any proceeding pursuant to sections 375.1150 to 375.1246 involving the reorganized life insurance company, the assets of the mutual holding company are deemed to be assets of the estate of the reorganized life insurance company for purposes of satisfying the claims of the reorganized life insurance company's policyholders. A mutual holding company shall not dissolve or liquidate without the approval of the director of the department of commerce and insurance or as ordered by the court pursuant to sections 375.1150 to 375.1246 .

2. Sections 375.201 to 375.226 shall apply to a demutualization of a mutual holding company the same as if such holding company was a mutual life insurance company. This section does not apply to those companies organized under chapter 354 or chapter 355 and does apply only to for-profit mutual life insurance companies.

(L. 1996 S.B. 759)
Mo. Rev. Stat. § 208.143 — MO Code / Chapter 208 / Section 208.143
208.143 Veterans medical services, division to determine if applicant for medical ...
Status: in_force

III Section 6. Qualifications of senators. — 1. The family support division shall, in accordance with the provisions of section 208.215 , determine whether persons applying for and/or receiving Medicaid benefits are eligible for medical services from the Missouri veterans commission. If an applicant or recipient is eligible for such VA medical services, the division shall urge and encourage the applicant or recipient to receive medical services as a person eligible for VA benefits. Nothing in this section shall be construed as requiring an applicant or recipient of medical assistance benefits to exhaust any VA benefits prior to receipt of any state medical assistance benefits.

2. The family support division shall consult with the Missouri veterans commission regarding a method of determining whether an applicant or recipient of state medical assistance benefits is eligible for VA benefits.

(L. 2006 H.B. 1491)
Mo. Rev. Stat. § 78.720 — MO Code / Chapter 78 / Section 78.720
78.720 Other applicable procedures for optional plan — councilmen, nomination and ...
Status: in_force

78.720. Other applicable procedures for optional plan — councilmen, nomination and election — eligible voters — statement of candidacy, contents — ballot form. — Except as otherwise provided in sections 78.700 to 78.720 , the provisions of sections 78.430 to 78.640 shall apply to the adoption, implementation, or abandonment of the optional city manager form of government, provided that:

(1) Only the qualified voters of each ward shall be eligible to vote to nominate the candidates for councilmen of their respective wards, or to elect a ward councilman; and

(2) Statements of candidacy shall indicate whether the candidate is running at large or as a ward councilman. Candidates seeking to become a ward councilman shall also specify the ward and state under oath that they are a qualified voter of such ward; and

(3) Separate ballots shall be provided in all elections held pursuant to the adoption of the optional city manager form of government for the offices of councilmen at large and ward councilman, designated as follows:

"FOR COUNCILMEN AT LARGE" or "FOR ______ WARD COUNCILMAN".

(L. 1985 H.B. 244 § 5 subdivs. (1), (2), (3))
Mo. Rev. Stat. § 145.009 — MO Code / Chapter 145 / Section 145.009
145.009 Law effective, when — estates to which applicable.
Status: in_force

145.009. Law effective, when — estates to which applicable. — Sections 145.011 to 145.995 shall become effective January 1, 1981, but it shall apply only with respect to decedents dying on or after January 1, 1981. The repeal of the provisions of chapter 145 shall become effective January 1, 1981, but it shall not affect any decedents dying before January 1, 1981, in any respect, including, but not limited to, the determination of tax, interest, penalties, procedures, and periods of limitations.

(L. 1980 S.B. 539 § 2)
Mo. Rev. Stat. § 233.385 — MO Code / Chapter 233 / Section 233.385
233.385 Suits to foreclose liens of special tax bills.
Status: in_force

233.385. Suits to foreclose liens of special tax bills. — If any such special tax bills be unpaid on the first day of February after becoming payable, the commissioners shall cause suits to be instituted for foreclosure of the lien thereof. Such suits shall be instituted in the circuit court of the county by any attorney the commissioners may designate and to whom they shall order the county collector to deliver such unpaid special tax bills. The road district shall be plaintiff in such suits and any and all parties having an interest in the property to be affected thereby may be made defendants. In such suits, each special tax bill shall be prima facie evidence of a valid lien in favor of the district, and upon the land described therein, for the amount stated therein. In every suit so instituted there shall be taxed as costs, in the favor of the attorney instituting the suit, a reasonable attorney's fee, to be fixed by the court.

(RSMo 1939 § 8848) Prior revisions: 1929 § 8188; 1919 § 10949
Mo. Rev. Stat. § 339.180 — MO Code / Chapter 339 / Section 339.180
339.180 Practice without a license — endangering welfare of others — injunction, ...
Status: in_force

339.180. Practice without a license — endangering welfare of others — injunction, procedure. — 1. It shall be unlawful for any person or entity not licensed under this chapter to perform any act for which a real estate license is required. Upon application by the commission, and the necessary burden having been met, a court of general jurisdiction may grant an injunction, restraining order or other order as may be appropriate to enjoin a person or entity from:

(1) Offering to engage or engaging in the performance of any acts or practices for which a permit or license is required by this chapter upon a showing that such acts or practices were performed or offered to be performed without a permit or license; or

(2) Engaging in any practice or business authorized by a permit or license issued pursuant to this chapter upon a showing that the holder presents a substantial probability of serious danger to the health, safety or welfare of any person with, or who is considering obtaining, a legal interest in real property in this state.

2. Any such action shall be commenced either in the county in which such conduct occurred or in the county in which the defendant resides.

3. Any action brought under this section shall be in addition to and not in lieu of any penalty provided by this chapter and may be brought concurrently with other actions to enforce this chapter.

(L. 1978 S.B. 811, A.L. 1981 S.B. 16, A.L. 2004 H.B. 985)
Mo. Rev. Stat. § 257.430 — MO Code / Chapter 257 / Section 257.430
257.430 Profiting by officer from district contracts or moneys, penalty — liability.
Status: in_force

257.430. Profiting by officer from district contracts or moneys, penalty — liability. — The making of profit, directly or indirectly, by any officer of any district organized under this chapter, or by any other public officer within the state, out of any contracts entered into by the district, or the use of any money belonging to a district by loaning it or otherwise using it, or by depositing the same in any manner, contrary to law, or by removal of any money by any officer or by his consent and placing it elsewhere than is prescribed either by law or by the official acts of the board of trustees, for the purpose of profit, constitutes a felony, punishable by imprisonment for a term not exceeding two years, or a fine not exceeding five thousand dollars, or both fine and imprisonment; and the officer offending shall be liable personally and upon his official bond for all losses to the district and for all profits realized by such unlawful use of moneys.

(L. 1959 S.B. 199 § 43)
Mo. Rev. Stat. § 362.790 — MO Code / Chapter 362 / Section 362.790
362.790 New company liable for obligations of old.
Status: in_force

362.790. New company liable for obligations of old. — The rights, obligations and relations of either of the merged corporations or of the consolidating corporations, in respect to any person, creditor, depositor, trustee or beneficiary of any trust, shall remain unimpaired, and the receiving corporation or the consolidated corporation shall, when the merger or consolidation becomes effective, as in this chapter provided, succeed to all such relations, obligations, trust, powers and liabilities and shall execute and perform all duties in relation thereto in the same manner as though it had itself assumed or been clothed with the relation, trust or power, or had itself incurred the obligation or liability; and the liabilities and obligations to creditors of any of the merged corporations, or of any of the consolidating corporations, shall not be impaired by the merger or consolidation; nor shall any obligation or liability of any stockholder in any corporation which is a party to the merger or consolidation be affected by the merger or consolidation, but the obligations and liabilities shall continue as fully and to the same extent as existed before the merger or consolidation; except that if the receiving corporation or the consolidated corporation is to be a bank having no fiduciary powers, the rights, obligations and relations of any trust company which is party to the merger or consolidation with respect to any trustee or beneficiary of any trust shall be turned over to a successor trustee as provided in section 362.118 .

(L. 1967 p. 445) (Source: RSMo 1959 § 363.950)
Mo. Rev. Stat. § 376.1514 — MO Code / Chapter 376 / Section 376.1514
376.1514 Written agreement required, contents.
Status: in_force

376.1514. Written agreement required, contents. — 1. All providers offering medical services to members under a discount medical plan shall provide such services pursuant to a written agreement. The agreement may be entered into directly by the health care provider or by a health care provider network to which the provider belongs if the provider network has contracts with the health care provider that allow the provider network to contract on behalf of the health care provider.

2. A health care provider agreement shall provide the following:

(1) A description of the services and products to be provided at a discount;

(2) The amount or amounts of the discounts or, alternatively, a fee schedule which reflects the health care provider's discounted rates; and

(3) A provision that the health care provider will not charge members more than the discounted rates.

3. A health care provider agreement with a health care provider network shall require that the health care provider network have written agreements with its health care providers that:

(1) Contain the terms described in this subsection;

(2) Authorize the health care provider network to contract with the discount medical plan organization on behalf of the provider; and

(3) Require the network to maintain an up-to-date list of its contracted health care providers and to provide that list on a quarterly basis to the discount medical plan organization.

4. A health care provider agreement between a discount medical plan organization and an entity that contracts with a health care provider network shall require that the entity, in its contract with the health care provider network, require the health care provider network to have written agreements with its providers that comply with subsection 3 of this section.

5. The discount medical plan organization shall maintain a copy of each active health care provider agreement into which it has entered.

(L. 2007 H.B. 818 merged with S.B. 66) Effective 8-28-07 (S.B. 66); 1-01-08 (H.B. 818)
Mo. Rev. Stat. § 81.150 — MO Code / Chapter 81 / Section 81.150
81.150 Election of aldermen — tenure (cities of 10,000 to 30,000).
Status: in_force

81.150. Election of aldermen — tenure (cities of 10,000 to 30,000). — In all cities and towns under special charter which have not less than ten thousand inhabitants and not more than thirty thousand inhabitants, there shall be elected two aldermen from each ward, who shall hold office for a term of four years; provided, that at the next general election for municipal officers to be held in any such city or town there shall be elected one alderman from each ward, who shall serve for a term of four years, and in the year next following such election, at the time of holding the general election for municipal officers in such city or town, there shall be elected one alderman from each ward, who shall serve for a term of one year, after which election there shall be elected, at each succeeding general election for municipal officers in such city or town, one alderman from each ward, who shall serve for a term of four years.

(RSMo 1939 § 7471) Prior revisions: 1929 § 7318; 1919 § 8733; 1909 § 9612