FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 103.089 — MO Code / Chapter 103 / Section 103.089
103.089 Medicare benefits participants, effect.
Status: in_force

103.089. Medicare benefits participants, effect. — Participants in the program of medical benefits coverage provided by sections 103.003 to 103.175 who are eligible for Medicare benefits and who are not eligible for the program of medical benefits coverage provided under sections 103.083 to 103.098 to be their primary plan of coverage benefits shall be provided substantially similar benefits provided participants who are not eligible for Medicare benefits. Medical benefits coverage provided under sections 103.003 to 103.175 shall be coordinated with Medicare benefits for participants covered by part A or part B, or both, of Medicare benefits, or for participants eligible for but not covered by part A or part B, or both, of Medicare benefits, reduced by an amount determined by the claims administrator to provide a benefit equivalent to the amount which would be provided on a coordination of benefit basis for such participants if such participants were covered by part A or part B, or both, of Medicare benefits. As used in sections 103.083 to 103.098 , the term "Medicare benefits" shall include those medical benefits provided by Title XVIII, A and B, Public Law 89-97, 1965 amendments to the federal Social Security Act (42 U.S.C. Section 301, et seq.) and amendments thereto. Any participating member agency having employees or eligible retirees not covered by Medicare shall authorize the plan at its option to enroll those individuals for medical benefits as provided by Title XVIII, A and B, Public Law 89-97, 1965 amendments to the federal Social Security Act whenever they become eligible for such benefits and the plan shall pay the premium for such enrollment on behalf of that person. The Medicare premium amounts shall be included in the rate established by the actuary for providing medical benefits coverage to such a participating member agency. Anyone not authorizing this Medicare enrollment shall be denied coverage.

(L. 1992 H.B. 1574 § 2 subsec. 3, A.L. 2011 H.B. 270)
Mo. Rev. Stat. § 58.190 — MO Code / Chapter 58 / Section 58.190
58.190 To execute process when sheriff disqualified.
Status: in_force

58.190. To execute process when sheriff disqualified. — Every coroner, within the county for which he is elected or appointed, shall serve and execute all writs and precepts, and perform all other duties of the sheriff, when the sheriff shall be a party, or when it shall appear to the court out of which the process shall issue, or to the clerk thereof, in vacation, that the sheriff is interested in the suit, related to or prejudiced against any party thereto, or in any wise disqualified from acting; in such case, the county commission may require the coroner to give an additional bond.

(RSMo 1939 § 13144) Prior revisions: 1929 § 11524; 1919 § 11648; 1909 § 11218 (1964) Where defendant made oral motion to quash jury panel on ground it was summoned by sheriff who was prosecuting witness for the first time on the day of trial, and in view of fact that it was the regular venire selected by the jury commission and defendant conceded no wrongdoing of sheriff in summoning the jury, and in view of fact that defendant waited until the last minute and venire panel was in attendance, it was not error for court to overrule motion to quash but court's calling the panel into the box without having them summoned or resummoned by the coroner was error. State v. Parker (A.), 378 S.W.2d 274. (1968) Sheriff who was candidate in election under contest was not qualified to serve summons on contestee and attempted service was insufficient to confer jurisdiction. Jones v. Buckley (Mo.), 425 S.W.2d 204. (1973) Held that jury panel summoned by coroner where sheriff was "interested" in case should not be quashed because some of jurors summoned by coroner were the same persons formerly summoned by the sheriff for the regular jury panel. State v. Lawson (A.), 501 S.W.2d 176.
Mo. Rev. Stat. § 385.308 — MO Code / Chapter 385 / Section 385.308
385.308 Deceptive practices.
Status: in_force

385.308. Deceptive practices. — 1. It is unlawful for any provider to use in its name the words insurance, casualty, guaranty, surety, mutual, or any other words descriptive of the insurance, casualty, guaranty, or surety business, or any name deceptively similar to the name or description of any insurance or surety corporation, or other provider.

2. This section shall not apply to a company that was using any of the prohibited language in its name prior to August 28, 2007. However, a company using the prohibited language in its name shall disclose in its service contracts a statement in substantially the following form: "This contract is not an insurance contract.".

3. It is unlawful for a provider or its representative in its service contracts or literature to make, permit, or cause to be made any false or misleading statement, or deliberately omit any material statement that would be considered misleading if omitted, in connection with the sale, offer to sell or advertisement of a product service contract.

4. It is unlawful for a person, such as a bank, savings and loan association, or lending institution, to require the purchase of a service contract as a condition of a loan or other financing transaction.

5. It is unlawful for a person, such as a manufacturer or retailer, to require the purchase of a service contract as a condition to the sale of goods or services.

(L. 2007 H.B. 221)
Mo. Rev. Stat. § 191.445 — MO Code / Chapter 191 / Section 191.445
191.445 Fund created, use of moneys.
Status: in_force

191.445. Fund created, use of moneys. — There is hereby created in the state treasury the "Health Professional Loan Incentive Fund", which shall consist of any appropriations made by the general assembly, all funds recovered from an individual under section 191.450 , and all funds generated by loan repayments received under sections 191.430 to 191.450 . The state treasurer shall be custodian of the fund. In accordance with sections 30.170 and 30.180 , the state treasurer may approve disbursements. The fund shall be a dedicated fund and, upon appropriation, moneys in this fund shall be used solely by the department of health and senior services to provide loans under sections 191.430 to 191.450 . Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund. The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the fund.

(L. 2023 H.B. 402 merged with S.B. 45 & 90 merged with S.B. 70 merged with S.B. 106 merged with S.B. 157)
Mo. Rev. Stat. § 407.644 — MO Code / Chapter 407 / Section 407.644
407.644 Actions — damages — penalties.
Status: in_force

407.644. Actions — damages — penalties. — 1. (1) A buyer injured by a violation of sections 407.635 to 407.644 may bring an action for recovery of damages. The damages awarded may not be less than the amount paid by the buyer to the credit services organization, plus reasonable attorney's fees and court costs.

(2) The buyer may also be awarded punitive damages.

2. The attorney general or a buyer may bring an action in a court of competent jurisdiction to enjoin a violation of sections 407.635 to 407.644 .

3. A violation of sections 407.635 to 407.644 is an unlawful practice pursuant to sections 407.010 to 407.130 , and the violator shall be subject to all penalties, remedies and procedures provided in sections 407.010 to 407.130 .

4. An action may not be brought under subsection 1 or 3 of this section after four years after the date of the execution of the contract for services to which the action relates.

5. A person who violates any provision of sections 407.635 to 407.644 is guilty of a class B misdemeanor.

6. In an action under this section the burden of proving an exemption under section 407.637 is on the person claiming the exemption.

7. The remedies provided by sections 407.635 to 407.644 are in addition to other remedies provided by law.

(L. 1991 S.B. 112 §§ 9 to 15)
Mo. Rev. Stat. § 417.021 — MO Code / Chapter 417 / Section 417.021
417.021 Certificate of registration, how issued — admissible as evidence — ...
Status: in_force

417.021. Certificate of registration, how issued — admissible as evidence — duplicate of certificate, application, fee — abstract of mark, fee. — 1. Upon compliance by the applicant with the requirements of sections 417.005 to 417.066 , the secretary of state shall cause a certificate of registration to be issued and delivered to the applicant. The certificate of registration shall be issued under the signature of the secretary of state and the seal of the state, and it shall show the name and business address and, if a corporation, the state of incorporation, of the person claiming ownership of the mark, the date claimed for the first use of the mark anywhere and the date claimed for the first use of the mark in this state, the class of goods or services and a description of the goods or services on which the mark is used, a reproduction of the mark, the registration date and the term of the registration.

2. Any certificate of registration issued by the secretary of state under the provisions hereof or a copy thereof duly certified by the secretary of state shall be admissible in evidence as competent and sufficient proof of the registration of such mark in any action or judicial proceedings in any court of this state.

3. A registrant shall receive a duplicate of a certificate upon application for such duplicate on a form authorized or furnished by the secretary of state and the payment of a fee of ten dollars.

4. A registrant shall receive an abstract of a mark upon application for such abstract on a form authorized or furnished by the secretary of state and the payment of a fee of five dollars.

(L. 1973 H.B. 281 § 4, A.L. 1995 S.B. 80 & 88)
Mo. Rev. Stat. § 33.065 — MO Code / Chapter 33 / Section 33.065
33.065 Obligations incurred, when.
Status: in_force

33.065. Obligations incurred, when. — No appropriation shall confer authority to incur an obligation after the termination of the fiscal year to which it relates.

(L. 1959 S.B. 184 § 1, A.L. 1980 S.B. 517, A.L. 2010 H.B. 1965)
Mo. Rev. Stat. § 245.065 — MO Code / Chapter 245 / Section 245.065
245.065 Improper election of board of supervisors — court to declare vacancies — ...
Status: in_force

245.065. Improper election of board of supervisors — court to declare vacancies — new election called. — If it is made to appear to the judge of the circuit court organizing the district, either in term time or vacation, by an application in writing made by any person or persons interested, that any meeting of landowners for the election of the board of supervisors or any member thereof, held under section 245.060 , was improperly called or that the notice thereof improperly or insufficiently stated the time and place of such meeting, or that such notice was not published for the proper time or in the proper manner or was for any other reason insufficient, the circuit judge shall order the clerk of the court in which the district was organized to notify by summons the supervisor or supervisors to be affected thereby, setting forth a copy of the application filed and requiring such member or members to appear before the court at a time and place therein specified, which time shall be not less than five days from the receipt of said notice, and show cause why, if any there be, said office or offices shall not be declared vacant. If it appear to the court at the hearing of the objection or complaint that the said notice of landowners' meeting and election was for any reason insufficient, the court shall declare said office or offices vacant and he shall direct the clerk of the court organizing the district to call a meeting of the property owners for the purpose of electing other supervisors to fill the vacancy or vacancies, and thereupon it shall be the duty of the said clerk to call and give notice of such new meeting, in the manner and for the time specified in section 245.060 . The meeting of the property owners and the election of the supervisor or supervisors shall be conducted, in all particulars, as prescribed in section 245.060 , and the supervisor or supervisors thus elected shall supersede the member or members previously elected, and upon qualifying as provided in sections 245.070 and 245.075 , such supervisors shall thereupon become the true corporate authorities of the district for the unexpired term or terms of the de facto supervisor or supervisors whose offices have been vacated as herein provided; provided, that where such vacancy shall occur because of the insufficiency of notice of the annual landowners' meeting held under the provisions of section 245.070 , the remaining qualified supervisors shall fill such vacancy by appointment, such appointed supervisor to hold office only until the next regular annual landowners' meeting, at which time a new supervisor shall be elected to fill out the remaining unexpired term.

(RSMo 1939 § 12497) Prior revisions: 1929 § 10907; 1919 § 4601
Mo. Rev. Stat. § 454.1629 — MO Code / Chapter 454 / Section 454.1629
454.1629 Administrative enforcement of orders.
Status: in_force

454.1629. Administrative enforcement of orders. — (a) A party or support enforcement agency seeking to enforce a support order or an income withholding order, or both, issued in another state or a foreign support order may send the documents required for registering the order to a support enforcement agency of this state.

(b) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this state to enforce a support order or an income withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to sections 454.1500 to 454.1728 .

(L. 2011 H.B. 260) Effective 6-15-16, see § 454.1728
Mo. Rev. Stat. § 87.270 — MO Code / Chapter 87 / Section 87.270
87.270 City treasurer to keep funds, how disbursed.
Status: in_force

87.270. City treasurer to keep funds, how disbursed. — The treasurer of the city shall be the custodian of the several funds. All payments from the funds shall be made by him only upon vouchers signed by two persons designated by the board of trustees. A duly attested copy of the resolution of the board of trustees designating the persons and bearing on its face specimen signatures of the persons shall be filed with the treasurer as his authority for making payments upon the vouchers. No voucher shall be drawn unless it shall previously have been allowed by the board of trustees.

(L. 1943 p. 708 § 7, A.L. 1959 S.B. 314 § 86.562)
Mo. Rev. Stat. § 537.762 — MO Code / Chapter 537 / Section 537.762
537.762 Motion to dismiss, defendant whose only liability is as seller in stream of ...
Status: in_force

537.762. Motion to dismiss, defendant whose only liability is as seller in stream of commerce requirements, procedure — order of dismissal to be interlocutory. — 1. A defendant whose liability is based solely on his status as a seller in the stream of commerce may be dismissed from a products liability claim as provided in this section.

2. This section shall apply to any products liability claim in which another defendant, including the manufacturer, is properly before the court and from whom total recovery may be had for plaintiff's claim.

3. A defendant may move for dismissal under this section within the time for filing an answer or other responsive pleading unless permitted by the court at a later time for good cause shown. The motion shall be accompanied by an affidavit which shall be made under oath and shall state that the defendant is aware of no facts or circumstances upon which a verdict might be reached against him, other than his status as a seller in the stream of commerce.

4. The parties shall have sixty days in which to conduct discovery on the issues raised in the motion and affidavit. The court for good cause shown, may extend the time for discovery, and may enter a protective order pursuant to the rules of civil procedure regarding the scope of discovery on other issues.

5. Any party may move for a hearing on a motion to dismiss under this section. If the requirements of subsections 2 and 3 of this section are met, and no party comes forward at such a hearing with evidence of facts which would render the defendant seeking dismissal under this section liable on some basis other than his status as a seller in the stream of commerce, the court shall dismiss without prejudice the claim as to that defendant.

6. An order of dismissal under this section shall be interlocutory until final disposition of plaintiff's claim by settlement or judgment and may be set aside for good cause shown at anytime prior to such disposition.

(L. 1987 H.B. 700 § 34, A.L. 2019 S.B. 7)
Mo. Rev. Stat. § 411.263 — MO Code / Chapter 411 / Section 411.263
411.263 Fee for license.
Status: in_force

411.263. Fee for license. — Every warehouseman's original application for a public warehouse license must be accompanied by a fifty dollar application fee. Every applicant after approval shall pay an annual license fee based upon the capacity of the warehouse, or portion of the warehouse, the fee to be set by the director at a rate not to exceed the schedule of license fees set forth in section 411.691 . If two or more warehouses are to be operated as a single operating unit as authorized in section 411.255 , separate filing fees and licensing fees are required for each warehouse.

(L. 1965 p. 606 § 411.265, A.L. 1977 S.B. 75)
Mo. Rev. Stat. § 161.020 — MO Code / Chapter 161 / Section 161.020
161.020 Department of elementary and secondary education created — superintendents ...
Status: in_force

161.020. Department of elementary and secondary education created — superintendents of schools for deaf and for blind students — appointment. — 1. There is hereby created a department of elementary and secondary education headed by a state board of education as provided in Article IX, Constitution of Missouri, and chapter 161 and others. The state board shall appoint a commissioner of education as the chief administrative officer of the department.

2. The department of education, chapter 161 and others, is abolished and its powers, duties, personnel and property are transferred as provided in this act * .

3. The division of public schools of the department of education, chapter 161 and others, is abolished and its powers, duties, personnel and property, with exceptions specified elsewhere in this act * , are transferred by type I transfer to the department of elementary and secondary education.

4. The Missouri School for the Deaf, chapter 178 and others, and the Missouri School for the Blind, chapter 178 and others, are transferred to the department of elementary and secondary education by a type I transfer. The commissioner of education shall appoint superintendents for these schools and members of the advisory boards, provided in chapter 178 and others.

(L. 1973 1st Ex. Sess. S.B. 1 § 5) Effective 5-2-74 *"This act" refers to the Reorganization Act 1974 Appendix B.
Mo. Rev. Stat. § 287.300 — MO Code / Chapter 287 / Section 287.300
287.300 Employer's liability primary or secondary — notice and service, when sufficient.
Status: in_force

287.300. Employer's liability primary or secondary — notice and service, when sufficient. — If the employer is not insured his liability hereunder shall be primary and direct. If he is insured his liability shall be secondary and indirect, and his insurer shall be primarily and directly liable hereunder to the injured employee, his dependents or other persons entitled to rights hereunder. On the request of the division or the commission and at every hearing the employer shall produce and furnish it with a copy of his policy of insurance, and on demand the employer shall furnish the injured employee, or his dependents, with the correct name and address of his insurer, and his failure to do so shall be prima facie evidence of his failure to insure, but the presumption shall be conclusively rebutted by an entry of appearance of his insurer. Both the employer and his insurer shall be parties to all agreements or awards of compensation, but the same shall not be enforceable against the employer, except on motion and proof of default by the insurer. Service on the employer shall be sufficient to give the division or the commission jurisdiction over the person of both the employer and his insurer, and the appearance of the employer in any proceeding shall also constitute the appearance of his insurer, provided that after appearance by an insurer, the insurer shall be entitled to notice of all proceedings hereunder.

(RSMo 1939 § 3715, A.L. 1965 p. 397) Prior revision: 1929 § 3325 (1964) Compensation award was void for lack of jurisdiction as against insurance company where company had appeared specially to deny that it was employer's insurer on date of employee's injury and subsequent notices of hearing were not sent to insurance company and stated that insurer was unknown. Woodruff v. Tourville Quarry, Inc. (A.), 381 S.W.2d 14.
Mo. Rev. Stat. § 340.314 — MO Code / Chapter 340 / Section 340.314
340.314 Expiration, renewal of technician's certificate, fees — notice of renewal, ...
Status: in_force

340.314. Expiration, renewal of technician's certificate, fees — notice of renewal, application. — 1. The certificates issued to veterinary technicians pursuant to sections 340.300 to 340.330 shall expire as established by board rule but may be renewed upon application to the board for renewal and payment of renewal fees.

2. At least sixty days prior to the expiration date, the executive director shall send a notice of renewal and an application for renewal to each certificate holder of record. The notice and application shall be mailed to the certificate holder's last known business or residence address. Failure to mail or to receive the notice and application does not relieve any certificate holder of the duty to apply for renewal or to pay the necessary renewal fee, nor will it exempt the certificate holder from the penalties provided by sections 340.200 to 340.330 for failure to promptly renew the certificate.

(L. 1992 H.B. 878 § 57)
Mo. Rev. Stat. § 8.843 — MO Code / Chapter 8 / Section 8.843
8.843 Interagency advisory committee on energy cost reduction and savings, ...
Status: in_force

8.843. Interagency advisory committee on energy cost reduction and savings, members, duties. — There is hereby established an interagency advisory committee on energy cost reduction and savings. The committee shall consist of the commissioner of administration, the director of the division of facilities management, design and construction, the director of the department of economic development, the director of the environmental improvement and energy resources authority, the director of the division of energy, the director of the department of transportation, the director of the department of conservation and the commissioner of higher education. The committee shall advise the department on the development of the minimum energy efficiency standard and state building energy efficiency rating system and shall assist the office of administration in implementing sections 8.833 and 8.835 * .

(L. 1993 S.B. 80, et al. § 9, A.L. 1999 S.B. 268, A.L. 2014 H.B. 1299 Revision, A.L. 2018 S.B. 975 & 1024 Revision) *Section 8.835 was repealed by S.B. 613 Revision, 2007.