FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 287.495 — MO Code / Chapter 287 / Section 287.495
287.495 Final award conclusive unless an appeal is taken — grounds for setting ...
Status: in_force

287.495. Final award conclusive unless an appeal is taken — grounds for setting aside — disputes governed by this section, claims arising on or after August 13, 1980. — 1. The final award of the commission shall be conclusive and binding unless either party to the dispute shall, within thirty days from the date of the final award, appeal the award to the appellate court. The appellate court shall have jurisdiction to review all decisions of the commission pursuant to this chapter where the division has original jurisdiction over the case. Venue as established by subsection 2 of section 287.640 shall determine the appellate court which hears the appeal. Such appeal may be taken by filing notice of appeal with the commission, whereupon the commission shall, under its certificate, return to the court all documents and papers on file in the matter, together with a transcript of the evidence, the findings and award, which shall thereupon become the record of the cause. Upon appeal no additional evidence shall be heard and, in the absence of fraud, the findings of fact made by the commission within its powers shall be conclusive and binding. The court, on appeal, shall review only questions of law and may modify, reverse, remand for rehearing, or set aside the award upon any of the following grounds and no other:

(1) That the commission acted without or in excess of its powers;

(2) That the award was procured by fraud;

(3) That the facts found by the commission do not support the award;

(4) That there was not sufficient competent evidence in the record to warrant the making of the award.

2. The provisions of this section shall apply to all disputes based on claims arising on or after August 13, 1980.

(L. 1980 H.B. 1396, A.L. 1998 H.B. 1237, et al.) (2003) A reviewing court is not required to view evidence and all reasonable inferences therefrom in light most favorable to Labor and Industrial Relations Commission award. Hampton v. Big Boy Steel Erection, 121 S.W.3d 220 (Mo.banc).
Mo. Rev. Stat. § 233.265 — MO Code / Chapter 233 / Section 233.265
233.265 Partial payments of special tax bills — correction of errors.
Status: in_force

233.265. Partial payments of special tax bills — correction of errors. — 1. County treasurers and collectors may receive and receipt for partial payments of special tax bills they may have for collection, but not cancel any such tax bills until receiving full payment thereof.

2. Whenever the owner of any tract of land against which a special tax has been ordered desires to divide, or has divided, such tract into two or more tracts, the county commission shall, upon his application, make an apportionment of the special tax against the entire tract, against the tracts into which it is divided, and when special tax bills are thereafter issued, a separate bill shall issue, in accordance with such apportionment, against each of the tracts into which such tract is divided.

3. Special tax bills issued under sections 233.170 to 233.315 shall not be void by reason of errors therein, but shall be valid for such amount and to such an extent as they should have been issued for, and the county clerk may at any time correct any error that may be found in any such special tax bills.

(RSMo 1939 § 8724) Prior revisions: 1929 § 8075; 1919 § 10846
Mo. Rev. Stat. § 137.1009 — MO Code / Chapter 137 / Section 137.1009
137.1009 Commission to prescribe report forms — penalty for failure to submit ...
Status: in_force

137.1009. Commission to prescribe report forms — penalty for failure to submit reports — mailing requirements — annual mileage reporting, when. — 1. The form for all reports required under sections 137.1000 to 137.1030 shall be prescribed and furnished by the commission.

2. If any freight line company refuses or fails to make and return the reports required by sections 137.1000 to 137.1030 within the time prescribed and without an extension of time, the commission shall increase by four percent the total assessed valuation of the distributable property of any such company, unless the commission, for good cause shown, waives such penalty.

3. Any such reports delivered by United States mail to the proper official or officer designated shall be deemed to be received as of the postmark date stamped on the envelope or other cover in which such reports are mailed. In the event any report is sent by registered or certified mail, the date of registration or certification shall be deemed the postmark date. No penalty shall be imposed on any company whose reports are delivered by United States mail, if the postmark date stamped on the envelope or other cover containing such reports falls within the prescribed period or on or before the prescribed date, including any extension granted for making the report.

4. Every railroad or street railway company operating in this state shall file annually, on or before May first of each year, a true and accurate statement of the main line track mileage of such company in operation in each county of this state on December thirty-first of the preceding year, total mileage traveled on their track by railroad cars of the freight line companies and other information the commission may require for the purpose of carrying out its duties under sections 137.1000 to 137.1030 . Such reports shall be made in such manner and form as prescribed by the commission.

5. In addition to the reports required by subsection 2 of this section, each freight line company shall file a similar report at the same time and in such manner as said commission shall prescribe showing the total mileage traveled on track from railroad and street railway companies, date and original cost of acquisitions and other information the commission may require for the purpose of carrying out its duties under sections 137.1000 to 137.1030 .

6. In case any freight line company shall fail to make such report the commission may accept the report of said railroad or street railway company as correct.

(L. 1999 S.B. 219)
Mo. Rev. Stat. § 643.073 — MO Code / Chapter 643 / Section 643.073
643.073 Procedure for submission of applications, fee.
Status: in_force

643.073. Procedure for submission of applications, fee. — 1. The commission shall establish, by rule, a procedure for the orderly submission of applications for an operating permit by those regulated air contaminant sources in operation on August 28, 1992, and procedures for the issuance of operating permits. Any person who operates an air contaminant source on or after August 28, 1992, shall submit to the department, with the application, payment of a one hundred-dollar fee with the request for the approval of an operating permit.

2. Any person who wishes to construct or modify and operate any regulated air contaminant source shall submit an application to the department. The commission shall establish, by rule, procedures for the orderly submission of applications for those persons that wish to construct or modify and operate any regulated air contaminant source and procedures for the issuance of a permit to construct or modify and operate. The department shall review applications within the time period established in sections 643.075 and 643.078 or under section 502 of the federal Clean Air Act, as amended, 42 U.S.C. 7661, as appropriate, unless an extension is requested by the applicant and approved by the director. Each applicant must obtain both a construction permit and an operating permit but the department shall establish a unified review, hearing and approval process. The holder of a valid operating permit shall have operational flexibility to make changes to any air contaminant source under the provisions of subsection 14 of section 643.078 without submitting an application for an operating permit under this section.

(L. 1992 S.B. 544)
Mo. Rev. Stat. § 108.518 — MO Code / Chapter 108 / Section 108.518
108.518 Extension procedure — time authorized — bonds not issued, expire when.
Status: in_force

108.518. Extension procedure — time authorized — bonds not issued, expire when. — 1. For good cause shown, an issuer may request an extension of the expiration date of an approved allocation by filing a written notice for extension with the director, which request must be received by the director not less than five days prior to the expiration of the initial period specified by the director pursuant to section 108.512 . In such instances, the director may, in his discretion, approve an extension for a period ending on the earliest of:

(1) 11:59 p.m. central standard time on the date which is thirty days beyond the initial expiration date specified by the director pursuant to section 108.512 hereof;

(2) The date upon which such approved allocation is voluntarily surrendered to the director by the issuer; or

(3) 11:59 p.m. central standard time on December eighteenth of such year. The director shall notify the issuer within five business days after receipt if the request for extension has been approved or denied. In the event the bonds are not issued on or before the last day of the applicable extension period pursuant to the immediately preceding sentence, the approved allocation shall expire unless a carry-forward election is approved by the director pursuant to section 108.522 .

2. Notwithstanding any other provision of sections 108.500 to 108.532 , if an approved allocation or extension thereof expires on December eighteenth of such year in accordance with the provisions of section 108.512 or subsection 1 of this section, the director, in his discretion, may grant an extension or further extension for a period ending not later than 11:59 p.m. central standard time on December thirty-first of such year.

(L. 1987 S.B. 351 §§ 108.511, 108.513) Effective 1-1-88
Mo. Rev. Stat. § 375.161 — MO Code / Chapter 375 / Section 375.161
375.161 Certificate to do business — when terminated.
Status: in_force

375.161. Certificate to do business — when terminated. — No company shall transact in this state any insurance business unless it shall first procure from the director a certificate stating the requirements of the insurance laws of this state have been complied with authorizing it to do business, which certificate shall be renewed annually as of July first but which shall remain in full force and effect until renewed or refused by the director. Certificates in effect October 13, 1967, shall be extended to terminate on July 1, 1968, unless otherwise terminated, suspended or revoked.

(RSMo 1939 § 6003, A.L. 1953 p. 233, A.L. 1967 p. 516) (1974) Employer's payment directly to its employees of sickness and medical benefits does not constitute doing of "insurance business". State ex rel. Farmer v. Monsanto Co. (Mo.), 517 S.W.2d 129.
Mo. Rev. Stat. § 320.300 — MO Code / Chapter 320 / Section 320.300
320.300 Volunteer fire protection association, definition.
Status: in_force

320.300. Volunteer fire protection association, definition. — As used in sections 320.300 to 320.310 , the phrase "volunteer fire protection association" means any fire department, including a municipal fire department, which is staffed by volunteers and organized for the purpose of combating fires in a specified area. The provisions of sections 320.300 to 320.310 shall apply only to volunteer fire protection associations either partially or wholly funded by membership or subscriber fees and shall not apply to fire protection districts supported by local tax revenues, or which have contracted with a political subdivision to respond to fires within the area of an association's boundaries.

(L. 1986 H.B. 1418 § 1, A.L. 1987 H.B. 57, A.L. 1998 S.B. 898, A.L. 2006 S.B. 863)
Mo. Rev. Stat. § 160.268 — MO Code / Chapter 160 / Section 160.268
160.268 Excellence in education revolving fund established — purposes — funding, ...
Status: in_force

160.268. Excellence in education revolving fund established — purposes — funding, administration of fund — exempt from transfer to general revenue. — 1. There is hereby created a revolving fund for the department of elementary and secondary education which shall be known as the "Excellence in Education Fund", and which shall be administered by the commissioner of the department of elementary and secondary education. The excellence in education fund shall consist of moneys appropriated annually by the general assembly from general revenue to such fund, and any moneys paid into the state treasury and required by law to be credited to such fund. The annual increase of such appropriation to the revolving fund shall not exceed thirty-three and one-third percent of the increase in the appropriation for the foundation program under section 163.031 for any fiscal year. The excellence in education fund shall be kept separate and apart from all other moneys in the state treasury and shall be paid out by the state treasurer pursuant to chapter 33 .

2. After appropriation pursuant to law, the moneys in the excellence in education fund shall be available for the payment of the costs and expenses for programs which shall include, but not be limited to:

(1) The incentives for school excellence program established in section 160.264 ;

(2) The professional teacher and administrator programs established in sections 168.400 and 168.410 ;

(3) The career development and teacher excellence plan established in section 168.500 for which funding shall be distributed pursuant to section 163.031 .

3. All revenue collected through cost recovery activities authorized pursuant to law shall be credited to the excellence in education fund.

4. Any unexpended balance in the excellence in education fund at the end of each fiscal year shall be exempt from the provisions of section 33.080 relating to the transfer of unexpended balances to the general revenue fund.

5. Moneys in the excellence in education fund shall be invested by the state treasurer in the same deposits and obligations in which state funds are authorized by law to be invested; except that, the income accruing from such investments shall be credited to the excellence in education fund on an annual basis.

(L. 1985 H.B. 463 § 7, A.L. 1993 S.B. 380)
Mo. Rev. Stat. § 320.205 — MO Code / Chapter 320 / Section 320.205
320.205 Fire marshal, appointment, qualifications.
Status: in_force

320.205. Fire marshal, appointment, qualifications. — The governor, with the advice and consent of the senate, shall appoint a full-time state fire marshal, who shall be the head of the division of fire safety. The state fire marshal shall administer and enforce the provisions of sections 320.200 to 320.270 . The state fire marshal shall be a citizen of the United States, shall be a person of good moral character, and a resident taxpayer of Missouri at the time of his appointment. The state fire marshal must have had a minimum of ten years' experience in some phase of fire protection, fire prevention, or fire investigation, which may include experience with any state, municipal, military, or industrial fire protection agency. The state fire marshal shall possess administrative ability and experience, be able to obtain facts in connection with the duties of the office by field investigations, and be able to accurately report findings.

(L. 1972 S.B. 487 § 2, A.L. 1985 H.B. 230, A.L. 1993 H.B. 550, A.L. 2011 H.B. 464)
Mo. Rev. Stat. § 469.433 — MO Code / Chapter 469 / Section 469.433
469.433 Life insurance proceeds allocated to principal — dividends allocated to income.
Status: in_force

469.433. Life insurance proceeds allocated to principal — dividends allocated to income. — 1. Except as otherwise provided in subsection 2 of this section, a trustee shall allocate to principal the proceeds of a life insurance policy or other contract in which the trust or its trustee is named as beneficiary, including a contract that insures the trust or its trustee against loss for damage to, destruction of, or loss of title to a trust asset. The trustee shall allocate dividends on an insurance policy to income if the premiums on the policy are paid from income, and to principal if the premiums are paid from principal.

2. A trustee shall allocate to income proceeds of a contract that insures the trustee against loss of occupancy or other use by an income beneficiary, loss of income, or, subject to section 469.427 , loss of profits from a business.

3. This section does not apply to a contract to which section 469.437 applies.

(L. 2001 H.B. 241)
Mo. Rev. Stat. § 169.296 — MO Code / Chapter 169 / Section 169.296
169.296 Indemnity and protection of trustee or employee, limitations — insurance — ...
Status: in_force

169.296. Indemnity and protection of trustee or employee, limitations — insurance — notice required, when. — 1. To the extent determined appropriate by the board of trustees, the retirement system established under sections 169.270 to 169.400 may indemnify and protect any trustee or employee of the retirement system against any or all claims or liabilities, including defense thereof, arising out of his or her responsibilities with respect to the retirement system, provided, however, that no trustee or employee shall be indemnified for his or her own gross negligence or willful misconduct. This section shall apply whether the claim is made against the employee or trustee in his or her individual or official capacity.

2. The board of trustees is authorized to obtain and maintain insurance and/or indemnity policies to insure the trustees and employees of the retirement system against any liability or losses incurred as a result of their responsibilities with respect to the retirement system.

3. No employee or trustee shall be entitled to indemnification under this section unless within fifteen days after receipt of service of process he or she shall give written notice of such proceeding to the board of trustees.

(L. 1994 S.B. 575) Effective 5-26-94
Mo. Rev. Stat. § 454.612 — MO Code / Chapter 454 / Section 454.612
454.612 Written proof of obligor's compliance with order — forwarding to union or ...
Status: in_force

454.612. Written proof of obligor's compliance with order — forwarding to union or employer. — 1. In cases other than IV-D cases, the obligor shall provide to the obligee within thirty days of receipt of effective notice of a court order for health benefit plan coverage pursuant to sections 454.600 to 454.645 written proof of the obligor's compliance with that order. Compliance means either that the health benefit plan coverage has been obtained or that a correct and complete application for such coverage has been made.

2. The obligee shall forward a copy of the court order for health benefit plan coverage issued pursuant to sections 454.600 to 454.645 to the obligor's employer or union when ordered to do so by the court or when:

(1) The obligor fails to provide written proof of compliance with the court order to the obligee within thirty days of the obligor's receipt of effective written notice of the court order;

(2) The obligee serves by mail at the obligor's known post office address written notice on the obligor of the obligee's intent to enforce the order;

(3) The obligor fails to provide, within fifteen days after the date the obligee mailed the notice provided for in this section, written proof to the obligee that the obligor has obtained the health benefit plan coverage ordered by the court or has applied for such coverage; and

(4) The obligee files an affidavit with the circuit clerk alleging that the obligor failed to provide written proof of compliance after mailing the notice required by this section to the obligor.

(L. 1993 S.B. 253 § 7) Effective 5-26-93
Mo. Rev. Stat. § 660.372 — MO Code / Chapter 660 / Section 660.372
660.372 Board of directors — number — qualifications — powers — duties.
Status: in_force

660.372. Board of directors — number — qualifications — powers — duties. — 1. Each community action agency shall have a board of directors, as provided by the bylaws of the corporations, of not less than twelve nor more than thirty-six members. One-third of the members of the board shall be elected public officials, currently holding office, or their representatives, except that if the number of elected officials reasonably available and willing to serve is less than one-third of the membership of the board, membership on the board by appointive public officials may be counted in meeting such one-third requirement. At least one-third of the members shall be persons chosen in accordance with democratic selection procedures adequate to assure that they are representative of the poor in the area served, and the remainder of the members shall be officials or members of business, industry, labor, religious, welfare, education, or other major groups and interests in the community.

2. The governing board shall determine personnel, fiscal and program policies and approve proposals for financial assistance and the disbursement of funds.

(L. 1984 S.B. 564 §§ 2, 3)
Mo. Rev. Stat. § 302.041 — MO Code / Chapter 302 / Section 302.041
302.041 License by municipality not required.
Status: in_force

302.041. License by municipality not required. — Any person licensed to operate a vehicle may exercise the privilege thereby granted upon all highways in this state and shall not be required by any municipality or other political subdivision having authority to adopt local police regulations to obtain any other license in order to exercise such privilege, except that this section shall not be construed as depriving municipalities of the right to license, tax and regulate taxicab drivers.

(L. 1951 p. 678 § 302.040, A.L. 1989 1st Ex. Sess. H.B. 3) Effective 7-27-89
Mo. Rev. Stat. § 483.145 — MO Code / Chapter 483 / Section 483.145
483.145 Court to reconstruct records, when.
Status: in_force

483.145. Court to reconstruct records, when. — In the event that a case file or record is lost or destroyed, it may be reconstructed under the supervision of the court.

(RSMo 1939 § 2006, A.L. 1978 H.B. 1634) Prior revisions: 1929 § 1842; 1919 § 2339; 1909 § 3861 Effective 1-02-79
Mo. Rev. Stat. § 226.660 — MO Code / Chapter 226 / Section 226.660
226.660 Definitions.
Status: in_force

226.660. Definitions. — As used in sections 226.650 to 226.720 , words or phrases mean:

(1) "Automobile graveyard" means any establishment, area, or place of business maintained, used, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or parts thereof;

(2) "Interstate system" means that portion of the national system of interstate and defense highways located within the boundaries of Missouri, as officially designated or as may be hereafter designated by the state highways and transportation commission with the approval of the Secretary of Commerce, pursuant to Title 23, United States Code, as amended;

(3) "Junk" means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material;

(4) "Junkyard" means an establishment, area, or place of business maintained, operated, or used for the storing, keeping, buying, or selling of junk or for the operation of an automobile graveyard, garbage dump or sanitary fill;

(5) "Primary system" means that portion of the highways of this state officially designated by the state highways and transportation commission as being in the primary highway system as authorized by the constitution and laws of Missouri.

(L. 1965 2d Ex. Sess. p. 905 § 2)
Mo. Rev. Stat. § 86.1390 — MO Code / Chapter 86 / Section 86.1390
86.1390 Contributions to retirement system by cities, amount.
Status: in_force

86.1390. Contributions to retirement system by cities, amount. — The cities specified in sections 86.1310 to 86.1640 shall contribute to the retirement pension system such an amount as may be necessary to pay the pensions as they accrue from year to year, and such additional amounts as may be necessary to maintain the system on a sound actuarial basis as determined by the retirement board and certified as provided in section 86.1380 .

(L. 2005 H.B. 323)