FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 236.180 — MO Code / Chapter 236 / Section 236.180
236.180 Privilege to erect subject to certain conditions.
Status: in_force

236.180. Privilege to erect subject to certain conditions. — The judgment and order authorized by sections 236.160 and 236.170 , and the rights and privileges thereby granted, shall, in all cases, be upon and subject to the conditions following:

(1) Such conditions in reference to the obstructions to the passage of fish and ordinary navigation, as the court shall think proper to impose;

(2) That all damages and valuations assessed and made by the jury shall be paid;

(3) That the dam and mills, electric power and light works, or other machinery, shall be commenced within one year, and finished and ready for business within three years from the date of the order of permission;

(4) That whenever the dam or mill, electric power and light works, or other machinery, shall be destroyed or materially impaired, the same shall be built or repaired within three years thereafter; but if the owner of such dam or mill, electric power and light works, or other machinery, shall be an infant, or of unsound mind, or imprisoned at the time such dam or mill, electric power and light works, or other machinery, shall be destroyed or materially impaired, then within three years after such disability is removed.

(RSMo 1939 § 10303, A. 1949 S.B. 1080) Prior revisions: 1929 § 9174; 1919 § 7416; 1909 § 5473 CROSS REFERENCE: Dam owners to maintain fishways--fish hatchery in lieu of fishway, 252.150
Mo. Rev. Stat. § 521.400 — MO Code / Chapter 521 / Section 521.400
521.400 Proceedings where property of one of several defendants is attached — not ...
Status: in_force

521.400. Proceedings where property of one of several defendants is attached — not delayed, when. — When there are two or more defendants in attachment, and the property, effects or credits of part of them are attached by garnishment, and the others are not summoned, the plaintiff may, at his option, proceed against those whose property, effects or credits have been attached, or continue the cause, and sue out new process against the other defendants; but when the property of one or more of the defendants has been actually seized or secured by bond, the cause shall not be delayed for the purpose of suing out new process against the other defendants, unless, for cause, the court so order.

(RSMo 1939 § 1476) Prior revisions: 1929 § 1312; 1919 § 1763; 1909 § 2332
Mo. Rev. Stat. § 85.551 — MO Code / Chapter 85 / Section 85.551
85.551 Marshal to be chief of police where department not adopted — assistants and ...
Status: in_force

85.551. Marshal to be chief of police where department not adopted — assistants and policemen appointed under ordinance — removal. — 1. In cities of the third class which shall not have adopted the merit system police department provided for in sections 85.541 to 85.571 , the marshal shall be the chief of police, and there also may be one assistant marshal, who shall serve for a term of one year and who shall be deputy chief of police; such number of regular policemen as may be deemed necessary by the council for the good government of the city, who shall serve for terms of one year; and such number of special policemen as may be prescribed by ordinance, to serve for such time as may be prescribed by ordinance.

2. The manner of appointing the assistant marshal and all policemen of the city shall be prescribed by ordinance. The council shall also, by ordinance, provide for the removal of any marshal, assistant marshal or policeman guilty of misbehavior in office.

3. Nothing in this section shall be construed to authorize the council to remove or discharge any chief, as that term is defined in section 106.273 .

(L. 1955 p. 290 § 2, A.L. 2013 H.B. 307)
Mo. Rev. Stat. § 135.508 — MO Code / Chapter 135 / Section 135.508
135.508 Certification of profit or not-for-profit entities — limitation on ...
Status: in_force

135.508. Certification of profit or not-for-profit entities — limitation on insurance companies, management or direction of certified capital company — seventy-five days to issue or refuse certification — responsibility for administration of tax credits — rulemaking authority. — The department may certify profit or not-for-profit entities which submit an application to be designated as a Missouri certified capital company. The department shall review the organizational documents for each applicant for certification and the business history of the applicant, determine that the Missouri certified capital company's cash, marketable securities and other liquid assets are at least five hundred thousand dollars, determine that the liquid asset base for certified companies is at least five hundred thousand dollars at all times during the company's participation in the program authorized by sections 135.500 to 135.529 , and determine that the officers and the board of directors, partners, trustees or managers are thoroughly acquainted with the requirements of sections 135.500 to 135.529 . No insurance company which receives tax credits permitted under sections 135.500 to 135.529 for an investment in a Missouri certified capital company shall, individually or with or through one or more affiliates, be a managing general partner of or control the direction of investments of that Missouri certified capital company. Within seventy-five days of application, the department shall either issue the certification and notify the department of revenue and the director of the department of commerce and insurance of such certification or shall refuse the certification and communicate in detail to the applicant the grounds for the refusal, including the suggestions for the removal of those grounds. The department shall be responsible for the administration of the tax credits authorized by sections 135.500 to 135.529 . No rule or portion of a rule promulgated under the authority of sections 135.500 to 135.529 shall become effective unless it has been promulgated pursuant to the provisions of chapter 536 . All rulemaking authority delegated prior to June 27, 1997, is of no force and effect and repealed; however, nothing in this section shall be interpreted to repeal or affect the validity of any rule filed or adopted prior to June 27, 1997, if such rule complied with the provisions of chapter 536 . The provisions of this section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 , including the ability to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule, are subsequently held unconstitutional, then the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void.

(L. 1996 H.B. 1237, A.L. 1997 2d Ex. Sess. S.B. 1) Effective 12-23-97
Mo. Rev. Stat. § 452.1242 — MO Code / Chapter 452 / Section 452.1242
452.1242 Order for child support.
Status: in_force

452.1242. Order for child support. — If a court has issued an order granting caretaking authority under sections 452.1224 to 452.1244 , or an agreement granting caretaking authority has been executed under sections 452.1214 to 452.1222 , the court may enter a temporary order for child support consistent with law of this state other than sections 452.1200 to 452.1258 if the court has jurisdiction under sections 454.1500 to 454.1730 .

(L. 2024 S.B. 912)
Mo. Rev. Stat. § 198.115 — MO Code / Chapter 198 / Section 198.115
198.115 Executory contracts, receiver not required to honor — when — hearing.
Status: in_force

198.115. Executory contracts, receiver not required to honor — when — hearing. — 1. A receiver may not be required to honor any lease, mortgage, secured transaction or other wholly or partially executory contract entered into by the facility's operator or administrator while acting in that capacity, if the agreement is unconscionable. Factors which shall be considered in determining the unconscionability include, but are not limited to, the following:

(1) The person seeking payment under the agreement was an affiliate of the operator or owner at the time the agreement was made;

(2) The rental, price, or rate of interest required to be paid under the agreement was substantially in excess of a reasonable rental, price or rate of interest at the time the agreement was entered into.

2. If the receiver is in possession of real estate or goods subject to a lease, mortgage or security interest which the receiver is permitted to avoid under subsection 1 of this section, and if the real estate or goods are necessary for the continued operation of the facility, the receiver may apply to the court to set a reasonable rental, price or rate of interest to be paid by the receiver during the duration of the receivership. The court shall hold a hearing on the application within fifteen days. The receiver shall send notice of the application to any known owners of the property involved at least ten working days prior to the hearing. Payment by the receiver of the amount determined by the court to be reasonable is a defense to any action against the receiver for payment or for possession of the goods or real estate subject to the lease or mortgage involved by any person who received such notice, but the payment does not relieve the owner or operator of the facility of any liability for the difference between the amount paid by the receiver and the amount due under the original lease or mortgage involved.

(L. 1979 S.B. 328, et al. § 38) Effective 7-1-79
Mo. Rev. Stat. § 376.1382 — MO Code / Chapter 376 / Section 376.1382
376.1382 First- and second-level grievance review for managed care plans, ...
Status: in_force

376.1382. First- and second-level grievance review for managed care plans, first-level procedures. — 1. A health carrier that offers managed care plans shall establish a first-level and second-level grievance review process for its managed care plans. A grievance may be submitted by an enrollee, an enrollee's representative or a provider acting on behalf of an enrollee.

2. Upon receipt of a request for first-level grievance review, a health carrier shall:

(1) Acknowledge receipt in writing of the grievance within ten working days;

(2) Conduct a complete investigation of the grievance within twenty working days after receipt of a grievance, unless the investigation cannot be completed within this time. If the investigation cannot be completed within twenty working days after receipt of a grievance, the enrollee shall be notified in writing on or before the twentieth working day and the investigation shall be completed within thirty working days thereafter. The notice shall set forth with specificity the reasons for which additional time is needed for the investigation;

(3) Within five working days after the investigation is completed, have someone not involved in the circumstances giving rise to the grievance or its investigation decide upon the appropriate resolution of the grievance and notify the enrollee in writing of the health carrier's decision regarding the grievance and of the right to file an appeal for a second-level review. The notice shall explain the resolution of the grievance and the right to appeal in terms which are clear and specific;

(4) Within fifteen working days after the investigation is completed, notify the person who submitted the grievance of the carrier's resolution of said grievance.

(L. 1997 H.B. 335)
Mo. Rev. Stat. § 243.070 — MO Code / Chapter 243 / Section 243.070
243.070 Remonstrance may be filed — judgment, effect.
Status: in_force

243.070. Remonstrance may be filed — judgment, effect. — 1. Not later than ten days after the last day of publication of the notice provided for in section 243.060 , any person interested in land or other property that will be affected by the organization of the proposed drainage district or by said proposed improvement, may file, in the office of the county clerk, a written remonstrance against or objection to the petition or report of the viewers, setting forth therein his grievance, which shall be, by the county commission, heard and determined, in a summary manner.

2. If, after hearing and determining all such objections, the county commission finds that the owners of a majority in acreage of the proposed district are petitioners or have joined in the prayer of said petition, by motion, or otherwise, then the county commission shall, or if less than a majority, the county commission, in its discretion, may find in favor of making the improvement. The petitioners shall be released from their liability and bond when the county commission shall find in favor of making the improvement. If the county commission finds in favor of making the improvement, it shall, by order of record, incorporate the land and other property described in the report of the viewers and engineer or any part thereof into a drainage district for the purpose of this chapter, and shall designate the same by number.

3. Such district shall be a body corporate and a political subdivision of the state, shall possess the usual powers of a corporation for public purposes, shall be capable of suing and being sued in its corporate name and shall be capable of holding such real and personal property as may be at any time either donated to or acquired by it in accordance with the provisions of this chapter or of which it may be rightfully possessed at the time of the passage of this chapter.

4. If the county commission shall find against the improvement, it shall dismiss the petition and proceedings at the cost of the petitioners, and shall issue an itemized bill of all costs and expenses, in like manner and with like effect as fee bills are issued by the clerk of the circuit court.

(RSMo 1939 § 12403) Prior revisions: 1929 § 10814; 1919 § 4482; 1909 §§ 5582, 5583
Mo. Rev. Stat. § 103.067 — MO Code / Chapter 103 / Section 103.067
103.067 Trustees and employees not to profit from plan transactions — acceptance of ...
Status: in_force

103.067. Trustees and employees not to profit from plan transactions — acceptance of gratuity or compensation to influence investment, penalties. — 1. No trustee or employee of the plan shall receive any gain or profit from any funds or transaction of the plan, except benefits common to all members, if entitled thereto.

2. Any trustee or employee accepting any gratuity or compensation for the purpose of influencing his action with respect to the investment of the funds of the plan shall thereby forfeit his office and in addition thereto be subject to the penalties prescribed by law.

(L. 1992 H.B. 1574 § 1 subsecs. 28, 29)
Mo. Rev. Stat. § 29.351 — MO Code / Chapter 29 / Section 29.351
29.351 Audit of state auditor's office, when — procedure — cost, how paid.
Status: in_force

29.351. Audit of state auditor's office, when — procedure — cost, how paid. — 1. During the regular legislative session which convenes in an odd-numbered year, the general assembly shall, by concurrent resolution, employ an independent certified public accountant or certified public accounting firm to conduct an audit examination of the accounts, functions, programs, and management of the state auditor's office. The audit examination shall be made in accordance with generally accepted auditing standards, including such reviews and inspections of books, records and other underlying data and documents as are necessary to enable the independent certified public accountant performing the audit to reach an informed opinion on the condition and performance of the accounts, functions, programs, and management of the state auditor's office. Upon completion of the audit, the independent certified public accountant shall make a written report of his findings and conclusions, and shall supply each member of the general assembly, the governor, and the state auditor with a copy of the report. The cost of the audit and report shall be paid out of the joint contingent fund of the general assembly.

2. The commissioner of administration shall bid these services, at the direction of the general assembly, pursuant to state purchasing laws.

(L. 1989 H.B. 36 §§ 1, 2, A.L. 2013 H.B. 116) Transferred 2013; formerly 21.760
Mo. Rev. Stat. § 144.032 — MO Code / Chapter 144 / Section 144.032
144.032 Cities or counties may impose sales tax on utilities — determination of ...
Status: in_force

144.032. Cities or counties may impose sales tax on utilities — determination of domestic use. — The provisions of section 144.030 to the contrary notwithstanding, any city imposing a sales tax under the provisions of sections 94.500 to 94.570 * , or any county imposing a sales tax under the provisions of sections 66.600 to 66.635 ** , or any county imposing a sales tax under the provisions of sections 67.500 to 67.729 , or any hospital district imposing a sales tax under the provisions of section 205.205 *** may by ordinance impose a sales tax upon all sales of metered water services, electricity, electrical current and natural, artificial or propane gas, wood, coal, or home heating oil for domestic use only. Such tax shall be administered by the department of revenue and assessed by the retailer in the same manner as any other city, county, or hospital district sales tax. Domestic use shall be determined in the same manner as the determination of domestic use for exemption of such sales from the state sales tax under the provisions of section 144.030 .

(L. 1979 S.B. 218, et al. § 2, A.L. 1986 S.B. 669, et al., A.L. 1987 H.B. 89, A.L. 2011 H.B. 111 merged with S.B. 117) Effective 6-09-11 (S.B. 117); 7-08-11 (H.B. 111) *Section 94.570 was repealed by H.B. 29, 1991. **Section 66.635 was repealed by H.B. 29, 1991. ***Section 206.165 appears in original rolls of S.B. 117, 2011, an incorrect reference.
Mo. Rev. Stat. § 50.1150 — MO Code / Chapter 50 / Section 50.1150
50.1150 Law not to affect certain rights — discrimination prohibited.
Status: in_force

50.1150. Law not to affect certain rights — discrimination prohibited. — 1. No alteration, amendment or repeal of the provisions of sections 50.1000 to 50.1300 shall affect the then existing rights of members and beneficiaries, but shall be effective only as to rights which would otherwise accrue pursuant to sections 50.1000 to 50.1300 as a result of services rendered by an employee after such alteration, amendment or repeal.

2. No membership or benefits pursuant to the provisions of sections 50.1000 to 50.1300 shall be denied to any employee or spouse, other than the limitations provided in sections 50.1000 to 50.1300 , because of age, sex, race, national origin or religious beliefs.

3. The provisions of sections 50.1000 to 50.1300 shall be administered in accordance with the Uniformed Services Employment and Reemployment Rights Act of 1994.

(L. 1994 S.B. 579 § 16, A.L. 1999 S.B. 308 & 314 merged with S.B. 467) Effective 1-01-00
Mo. Rev. Stat. § 86.292 — MO Code / Chapter 86 / Section 86.292
86.292 Accumulated contributions to remain system assets, when.
Status: in_force

86.292. Accumulated contributions to remain system assets, when. — If the board of trustees is unable to refund the accumulated contributions of a member or to commence payment of benefits within five years after such refund or benefits are otherwise first due and payable, the accumulated contributions shall remain assets of the retirement system. If proper application is thereafter made for refund or benefits, the board shall make payment, but no credit shall be allowed for any interest after the date the refund or benefits were first due and payable.

(L. 2000 H.B. 1808, A.L. 2001 S.B. 290)
Mo. Rev. Stat. § 271.290 — MO Code / Chapter 271 / Section 271.290
271.290 Reclamation by owner before posting, how.
Status: in_force

271.290. Reclamation by owner before posting, how. — If, after the setting up of notices, the owner claim and prove any stray legally taken up before the same shall have been posted, he shall be entitled to receive the same on payment of the fees allowed the taker-up for taking up such stray, and for posting up notices thereof, and a reasonable compensation for keeping the same; but the taker-up shall not be entitled to compensation for keeping same for more than one day previous to setting up such notices.

(RSMo 1939 § 14526) Prior revisions: 1929 § 12852; 1919 § 4342; 1909 § 843
Mo. Rev. Stat. § 172.120 — MO Code / Chapter 172 / Section 172.120
172.120 Special meetings.
Status: in_force

172.120. Special meetings. — The president of the board, and until his election, or in case of his absence or disability, any three curators, shall have power to call a special meeting of the board; provided, they give timely notice thereof, in such form as the board shall by bylaw prescribe.

(RSMo 1939 § 10799) Prior revisions: 1929 § 9642; 1919 § 11539; 1909 § 11113
Mo. Rev. Stat. § 198.305 — MO Code / Chapter 198 / Section 198.305
198.305 Unsuitable site, may be changed, when.
Status: in_force

198.305. Unsuitable site, may be changed, when. — 1. If, after acquiring a site for a nursing home or a nursing home, the board of the district by resolution determines that the site or nursing home acquired is unsuitable or unnecessary for the purpose, or it is in the best interest of the district, that the property should be sold, the board may sell and convey the property in the manner provided in subsection 2 of this section, provided that all outstanding bonds of the district constituting a lien on the property to be sold have been paid in full; or a sum sufficient to pay all such bonds, together with interest accrued or to accrue thereon, together with any other items of expense provided in such bonds, is deposited with the fiscal agent named in the bonds for the purpose of full payment; or consent in writing is obtained from all of the holders of the bonds.

2. Upon filing with the county clerk of the county in which the original petition to organize the district was filed of a certified copy of the resolution adopted by the board of directors of the district setting forth the reasons for selling the property and the manner in which the conditions of the provisions in subsection 1 of this section have been satisfied, the clerk shall present the resolution to the county commission. If the commission is satisfied that the statements in the resolution are true and valid, it shall by order entered of record approve the resolution. The board of directors of the district may then proceed to sell and convey the property. The deed shall be executed by the secretary of the board for and on behalf of the district, and shall convey to the purchaser all the right, title, interest, and estate which the nursing home district has in the property.

3. Any proceeds from the sale of the property remaining after the expenses of the sale of the property and the purchase price and costs of purchase of any new site or structure have been paid shall be placed in the treasury of the district and used to carry out the purposes for which the district was organized.

(L. 1975 H.B. 382, A.L. 1991 H.B. 450)