FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 138.200 — MO Code / Chapter 138 / Section 138.200
138.200 Qualifications of members — interim appointments — members to devote full ...
Status: in_force

138.200. Qualifications of members — interim appointments — members to devote full time to duties — private employment prohibited. — 1. Each commissioner shall be a qualified voter and taxpayer and resident of the state for at least five years next preceding his appointment. At all times the state tax commission shall be so constituted that not more than two members shall be of the same political party.

2. In the event of a vacancy occurring while the general assembly is not in session, the governor may appoint a temporary member of the commission to serve until such time as a permanent appointment can be made with the advice and consent of the senate.

3. Each commissioner shall devote his full time and efforts to the discharge of his duties and shall not accept any private employment of any kind or nature while serving on the commission nor hold any other office under the laws of this state, or any city, or county, or city and county, in this state, nor any office under the government of the United States.

4. No commissioner or employee of the commission shall hold any position of profit, engage in any occupation or business interfering with, or inconsistent with, his duties as commissioner or employee. No person is eligible to appointment or shall hold the office of commissioner, or be appointed by the commission, or hold any office or position under the commission, who holds any official office or position or who is a stockholder or who is in any wise pecuniarily interested in any common carrier, public utility, or any other corporation whose original assessment is made by the commission, as provided by this chapter. The words "original assessment" as used herein shall not be held or construed to include the assessment of corporation franchise tax.

(RSMo 1939 §§ 11013, 11017, A.L. 1945 p. 1805 § 2, L. 1955 p. 833 § 3, A.L. 1959 H.B. 107) Prior revisions: 1929 §§ 9823, 9828; 1919 §§ 12832, 12837
Mo. Rev. Stat. § 27.060 — MO Code / Chapter 27 / Section 27.060
27.060 To represent state in other cases.
Status: in_force

27.060. To represent state in other cases. — The attorney general shall institute, in the name and on the behalf of the state, all civil suits and other proceedings at law or in equity requisite or necessary to protect the rights and interests of the state, and enforce any and all rights, interests or claims against any and all persons, firms or corporations in whatever court or jurisdiction such action may be necessary; and he may also appear and interplead, answer or defend, in any proceeding or tribunal in which the state's interests are involved.

(RSMo 1939 § 12901) Prior revisions: 1929 § 11276; 1919 § 696; 1909 § 970 CROSS REFERENCES: Declaratory judgments--to be served copy of proceedings, when, 527.110 Delinquent taxes, to assist state director of revenue in collecting, 136.150 Division of workers' compensation, legal advice to, 287.620 State highways and transportation commission, to advise, 226.070 (1951) Proceeding to oust county treasurer from office involved public interest and was properly brought by attorney general. State ex rel. Taylor v. Cumpton, 362 Mo. 199, 240 S.W.2d 877. (1958) Attorney general is not the attorney for a trustee of a public charitable trust, but such trustee has right to be represented by attorney of his own choosing. Murphey v. Dalton (Mo.), 314 S.W.2d 726.
Mo. Rev. Stat. § 701.369 — MO Code / Chapter 701 / Section 701.369
701.369 Safety inspectors to be certified by board, qualifications — board to ...
Status: in_force

701.369. Safety inspectors to be certified by board, qualifications — board to establish professional code. — 1. Any safety inspector employed by the board shall be certified by the board after having completed such educational requirements as the board may establish. Applicants shall have had at least four years of experience in some mechanical or electrical endeavor, at least one year of which shall have been in the design, construction, installation, repair or inspection of elevators. The nonelevator, mechanical, or electrical experience shall be at the journeyman mechanic level or technical work and the work must have been comparable to work in the elevator industry. Engineering education on a college level may be substituted on a year-for-year basis for the nonelevator qualifying experience. The one year of required elevator experience may be on the basis of continuous employment for one year in which at least half of the applicant's time is devoted to elevator work.

2. The board shall establish a professional code for inspectors covered by the provisions of sections 701.350 to 701.380 and may after notice and hearing revoke the certification granted any inspector.

(L. 1994 H.B. 1035 § 5)
Mo. Rev. Stat. § 67.414 — MO Code / Chapter 67 / Section 67.414
67.414 Payment of claim without deduction on certification that insured will make ...
Status: in_force

67.414. Payment of claim without deduction on certification that insured will make premises safe. — Any city or county which has adopted an ordinance or resolution under section 67.410 may certify that in lieu of payment of all or part of the covered claim payment under subsection 6 * of section 67.410 it has obtained satisfactory proof that the insured has or will remove debris and repair, rebuild or otherwise make the premises safe and secure. In this event, the city or county shall issue a certificate within thirty days after receipt of proof to permit covered claim payment to the insured without deduction pursuant to subsection 6 * of section 67.410 . It shall be the obligation of the insured or other person making claim to provide the insurance company with the written certificate provided for in this section.

(L. 1984 S.B. 433 § 1 subsec. 2) *Subsection 6 does not exist.
Mo. Rev. Stat. § 375.780 — MO Code / Chapter 375 / Section 375.780
375.780 Penalties for violation of this chapter.
Status: in_force

375.780. Penalties for violation of this chapter. — 1. A person commits a crime if he or she willfully violates any of the provisions of this chapter. If not otherwise specifically provided for, the crime is a class B misdemeanor.

2. The director may refer such evidence as is available concerning violations of this section to the proper prosecuting attorney, who with or without a criminal reference, or the attorney general under section 27.030 , may institute the appropriate criminal proceedings.

3. Nothing in this section shall limit the power of the state to punish any person for any conduct that constitutes a crime under any other state statute.

(RSMo 1939 § 6070, A.L. 2007 S.B. 66) Prior revisions: 1929 § 5959; 1919 § 6367; 1909 § 7097
Mo. Rev. Stat. § 234.330 — MO Code / Chapter 234 / Section 234.330
234.330 Existing rights not impaired.
Status: in_force

234.330. Existing rights not impaired. — The provisions of sections 234.310 and 234.320 shall not abrogate or impair any right or power which such cities may now or hereafter have to build and construct bridges and viaducts and their approaches thereto, or to acquire, in whole or in part, by purchase, lease, gift, condemnation proceedings or otherwise, bridges, viaducts and the approaches thereto already constructed, together with the necessary lands, rights-of-way, easements, leaseholds, other property and rights, upon which any such bridge, viaduct or its approaches are now or may hereafter be constructed, operated and maintained by private parties, and to own, operate and maintain any such structure for public use as and for a public highway for all kinds of vehicles, pedestrians, railroads and streetcars.

(RSMo 1939 § 8561) Prior revisions: 1929 § 14846; 1919 § 13817
Mo. Rev. Stat. § 302.765 — MO Code / Chapter 302 / Section 302.765
302.765 Rules and regulations, promulgation of, procedure — driving instruction ...
Status: in_force

302.765. Rules and regulations, promulgation of, procedure — driving instruction programs of state colleges and universities to be approved. — 1. The director may adopt any rules and regulations necessary to carry out the provisions of sections 302.700 to 302.780 . No rule or portion of a rule promulgated under the authority of sections 302.700 to 302.780 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024 .

2. The director shall adopt a rule approving driving instruction programs presently provided by a Missouri state college, a Missouri state university or a Missouri state community college.

(L. 1989 1st Ex. Sess. H.B. 3, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)
Mo. Rev. Stat. § 429.630 — MO Code / Chapter 429 / Section 429.630
429.630 Brokers, appraisers and title examination service at time of closing to ...
Status: in_force

429.630. Brokers, appraisers and title examination service at time of closing to give written notice of right to lien on premises — failure to furnish notice, effect. — Any real estate broker who proposes to assert a lien pursuant to sections 429.600 to 429.627 or any certified real estate appraiser or any person performing title examination services who proposes to assert a lien pursuant to section 429.629 shall be prohibited from asserting such lien unless, at the time of the closing for such transaction, such broker or appraiser has given written notice to the purchaser of the commercial real estate that payment of the broker's or appraiser's fee or title examination fee is due and that he or she is entitled to a lien on the premises.

(L. 1993 S.B. 18 § 13)
Mo. Rev. Stat. § 91.595 — MO Code / Chapter 91 / Section 91.595
91.595 Waterworks — revenue bonds, issuance — authorization for.
Status: in_force

91.595. Waterworks — revenue bonds, issuance — authorization for. — All cities in the state under special charter and which have or may hereafter have a population of not less than three thousand and not more than ten thousand inhabitants and which now own and operate or may hereafter own and operate a waterworks system may, and are hereby authorized and empowered to, issue revenue bonds, which shall be payable solely from the revenues derived from the operation of such utility by the municipality and not a general obligation of such city, for the purpose of providing funds for the repair or improvement of any such system, including the pumping and distribution facilities thereof, or the replacement of any part thereof, or for the extension of any such system within or without such city as such expenditures are now or may hereafter be allowed by law, and for the acquisition of all necessary easements and rights-of-way which such extension or improvement may require, and for the purchase and installation of all necessary equipment and materials for adding additional pumping or distributional facilities to any such system including the purchase of any existing distributional facilities now or hereafter allowed by law.

(L. 1951 p. 349 § 1)
Mo. Rev. Stat. § 515.615 — MO Code / Chapter 515 / Section 515.615
515.615 Claims administration process.
Status: in_force

515.615. Claims administration process. — 1. The claims administration process identified in this section shall be administered by a general receiver and may be ordered by the court to be administered by a limited receiver.

2. All claims, other than claims of duly perfected secured creditors, arising prior to the receiver's appointment shall be in the form required by this section and served and noticed as required by this section. Any claim not in the form required by this section and so served and noticed is barred from participating in any distribution to creditors.

3. Claims shall be served on the receiver within thirty days from the date notice is given under this section, unless the court reduces or extends the period for cause shown, except that a claim arising from the rejection of an executory contract or an unexpired lease of the debtor may be served within thirty days after the rejection. Claims by state agencies shall be served by such state agencies on the receiver within sixty days from the date notice is given by mail under this section.

4. Claims shall be in written form entitled "Proof of Claim", setting forth the name and address of the creditor and the nature and amount of the claim, and executed by the creditor or the creditor's authorized agent. When a claim or an interest in estate property securing the claim is based on a writing, the original or a copy of the writing shall be included as a part of the proof of claim together with evidence of perfection of any security interest or other lien asserted by the claimant. Unless otherwise ordered by the court, creditors may amend such claims and such amendments shall relate back to the original filing of such claim.

5. Notices of claim shall be filed with the court. A notice shall be filed with the court relating to each served claim. A notice of claim shall not include the claim or supporting documentation served upon the receiver. A notice of claim shall include the name and address of the creditor asserting the claim, together with the name and address of the attorney, if any representing the creditor, the amount of the claim, whether or not the claim is secured or unsecured, and if secured, a brief description of any estate property and other collateral securing the claim.

6. A claim properly noticed, executed, and served in accordance with this section constitutes prima facie evidence of the validity and amount of the claim.

(L. 2016 H.B. 1765 merged with S.B. 578)
Mo. Rev. Stat. § 46.091 — MO Code / Chapter 46 / Section 46.091
46.091 Henry.
Status: in_force

46.091. Henry. — Beginning at the northwest corner of section thirty-one of township forty-four, range twenty-eight, west; thence south with the range line between ranges twenty-eight and twenty-nine to the southwest corner of township forty, range twenty-eight; thence east with the township line between townships thirty-nine and forty till it strikes the Osage River; thence with the same river till it reaches the range line between ranges twenty-three and twenty-four, and thence north with said range line to the northeast corner of section thirty-six, township forty-four, range twenty-four; thence west with the subdivisional line to the place of beginning.

(RSMo 1939 § 13616) Prior revisions: 1929 § 11957; 1919 § 9359; 1909 § 3576
Mo. Rev. Stat. § 86.363 — MO Code / Chapter 86 / Section 86.363
86.363 Board of trustees created by sections 86.013 and 86.023 dissolved and ...
Status: in_force

86.363. Board of trustees created by sections 86.013 and 86.023 dissolved and functions transferred, when. — As soon as the board of trustees provided for by section 86.213 shall have been established, the board of trustees provided for by sections 86.013 and 86.023 shall be dissolved and its functions shall be assumed by the board of trustees established under the provisions of section 86.213 .

(L. 1957 p. 256 § 52)
Mo. Rev. Stat. § 162.857 — MO Code / Chapter 162 / Section 162.857
162.857 Board of education of special school district with population of more than ...
Status: in_force

162.857. Board of education of special school district with population of more than 100,000 — members — powers and duties. — 1. The board of education of a special school district with a population of more than one hundred thousand persons shall consist of seven members to be elected as provided in section 162.867 . In addition to the duties required of boards of education of special school districts pursuant to sections 162.670 to 162.995 , the board shall perform the same duties and is subject to the same liabilities as the board of a seven-director school district, other than an urban district, acting under the general school laws of the state of Missouri, except that those powers and duties specifically reserved to the governing council pursuant to section 162.856 shall remain with the governing council and shall not be granted to the board of education.

2. The board of education of a special school district with a population of more than one hundred thousand persons shall have the power to:

(1) Establish and operate programs for the education of handicapped and severely handicapped children residing in the district subject to rules and regulations of the state board of education and the state department of elementary and secondary education promulgated pursuant to sections 162.670 to 162.995 ;

(2) Develop and adopt the annual budget for submission and final approval of the governing council;

(3) To authorize all tax levies by two-thirds approval of the board of education prior to submission of the tax levy proposal to the voters of the district as provided by law;

(4) Annually develop and submit to the governing council of the district for approval a five-year plan for the operation and management of the district required pursuant to section 162.856 . In developing the plan, the board of education shall solicit a broad range of public input;

(5) Establish and operate programs for the vocational education of residents of the district;

(6) Employ teachers and other personnel necessary to provide these programs;

(7) Ensure that there is no coercion or interference with any parent of a pupil of the special school district on account of the parent having exercised any rights under any law affecting the education of the pupil; and

(8) Do such other things as are necessary and incidental to any of the foregoing powers whether set forth in sections 162.670 to 162.995 or in the laws applicable to seven-director school districts, except urban districts.

(L. 1996 S.B. 687, A.L. 1997 S.B. 146, A.L. 1998 S.B. 488, A.L. 1999 H.B. 889)
Mo. Rev. Stat. § 532.030 — MO Code / Chapter 532 / Section 532.030
532.030 Application, to what court first made.
Status: in_force

532.030. Application, to what court first made. — When a person applies for the benefit of this chapter, who is held in custody on a charge of crime or misdemeanor, his application, in the first instance, shall be to a judge of the circuit court for the county in which the applicant is held in custody, other than a municipal judge; and upon every application of the kind aforesaid, the applicant shall cause reasonable notice of the time and place of making the application to be given to the circuit or prosecuting attorney for the county in which the application is to be made, if at the time thereof such attorney be in the county, and upon such notice, it shall be the duty of such attorney to attend upon the hearing of such application on behalf of the state.

(RSMo 1939 § 1658, A.L. 1978 H.B. 1634) Prior revisions: 1929 § 1494; 1919 § 1944; 1909 § 2509 Effective 1-02-79 (1975) This section superseded as to writs of habeas corpus by supreme court rule 84.22. Reiter v. Camp (A.), 518 S.W.2d 82.
Mo. Rev. Stat. § 417.066 — MO Code / Chapter 417 / Section 417.066
417.066 Common law marks not affected — actions to require cancellation of a mark ...
Status: in_force

417.066. Common law marks not affected — actions to require cancellation of a mark or to compel registration, venue, parties. — 1. Nothing herein shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law.

2. Actions to require cancellation of a mark registered pursuant to sections 417.005 to 417.066 shall be brought in a court of competent jurisdiction. Actions seeking an extraordinary writ to compel registration of a mark pursuant to sections 417.005 to 417.066 shall be brought in the circuit court of Cole County. In an action seeking an extraordinary writ, the proceeding shall be based solely upon the record before the secretary of state. In an action for cancellation, the secretary of state shall not be made a party to the proceeding but shall be notified of the filing of the complaint by the clerk of the court and shall be given the right to intervene in the action.

3. In any action brought against a nonresident registrant, service may be effected upon the agent for service of the registrant in accordance with the procedures established for service upon nonresident corporations and business entities under section 351.594 .

(L. 1973 H.B. 281 § 14, A.L. 1995 S.B. 80 & 88, A.L. 2007 S.B. 613 Revision)
Mo. Rev. Stat. § 513.300 — MO Code / Chapter 513 / Section 513.300
513.300 Officer not to purchase property — purchases void.
Status: in_force

513.300. Officer not to purchase property — purchases void. — No officer to whom any execution shall be directed, or any of his deputies, or any person for them, shall purchase any goods or chattels, real estate or other effects, or bid at any sale made by virtue of such execution, and all purchases so made shall be void.

(RSMo 1939 § 1370) Prior revisions: 1929 § 1206; 1919 § 1657; 1909 § 2226 (1973) Where sheriff and his son were denominated on deed as "joint tenants with right of survivorship", the sheriff was in fact a purchaser at his own sale and this rendered the prohibited transaction void. Watkins v. Floyd (A.), 492 S.W.2d 865.
Mo. Rev. Stat. § 67.1953 — MO Code / Chapter 67 / Section 67.1953
67.1953 Tourism community enhancement district authorized for certain counties — ...
Status: in_force

67.1953. Tourism community enhancement district authorized for certain counties — boundaries — procedure. — 1. The governing body of any county containing any part of a Corps of Engineers lake with a shoreline of at least seven hundred miles and not exceeding a shoreline of nine hundred miles or any city, town or village located in a county containing any part of a Corps of Engineers lake with a shoreline of at least seven hundred miles and not exceeding a shoreline of nine hundred miles may create a tourism community enhancement district in the manner provided in this section and, upon establishment, each such district shall be a body corporate and politic of the state. If such district is established, it shall consist of the boundaries delineated in the petition filed with the governing body of a county, city, town or village pursuant to this section, and such boundaries may extend beyond the boundaries of the county, city, town or village creating such district, but shall not overlap with the boundaries of any previously incorporated tourism community enhancement district.

2. The governing body of a county, city, town or village may create a district when a proper petition has been signed by at least two percent of the registered voters of a county, city, town or village within such proposed district. The petition, in order to become effective, shall be filed with the clerk of the county, city, town or village that includes a majority of the area within the proposed district. A proper petition for the creation of a district shall set forth the boundaries of the proposed district and the maximum proposed sales tax rate up to one percent.

3. The boundaries of the proposed district shall be described by metes and bounds, streets or other sufficiently specific description.

4. The plans and specifications for the district shall be filed with the clerk, as applicable, and shall be open for public inspection. Such clerk shall thereupon, at the direction of the governing body, publish notice that the governing body will conduct a hearing to consider the proposed district. Such notice shall be published in a newspaper of general circulation at least twice not more than thirty days and not less than seven days before the hearing and shall state the name for the district, the date, time and place of such hearing, the boundaries of the district, and that written or oral objections will be considered at the hearing.

5. If the governing body, following the hearing, decides to establish the proposed district, it shall adopt an order or ordinance to that effect. The order or ordinance shall contain the following:

(1) The name of the district;

(2) A statement that a tourism community enhancement district has been established; and

(3) The creation of a board of directors and enumeration of its duties and responsibilities, as provided by section 67.1956 .

(L. 2001 S.B. 323 & 230)