FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 138.060 — MO Code / Chapter 138 / Section 138.060
138.060 Appeals from assessor's valuation, no presumption that valuation is ...
Status: in_force

138.060. Appeals from assessor's valuation, no presumption that valuation is correct, burden of proof in certain counties — erroneous assessments. — 1. The county board of equalization shall, in a summary way, determine all appeals from the valuation of property made by the assessor, and shall correct and adjust the assessment accordingly. There shall be no presumption that the assessor's valuation is correct. In any county with a charter form of government with a population greater than two hundred eighty thousand inhabitants but less than two hundred eighty-five thousand inhabitants, in any county with a charter form of government with greater than one million inhabitants, in any city not within a county, and in any other county for any property whose assessed valuation increased at least fifteen percent from the previous assessment unless the increase is due to new construction or improvement, the assessor shall have the burden to prove that the assessor's valuation does not exceed the true market value of the subject property. In such county or city, in the event a physical inspection of the subject property is required by subsection 10 of section 137.115 , the assessor shall have the burden to establish the manner in which the physical inspection was performed and shall have the burden to prove that the physical inspection was performed in accordance with section 137.115 . In such county or city, in the event the assessor fails to provide sufficient evidence to establish that the physical inspection was performed in accordance with section 137.115 , the property owner shall prevail on the appeal as a matter of law. At any hearing before the state tax commission or a court of competent jurisdiction of an appeal of assessment from a first class charter county or a city not within a county, the assessor shall not advocate nor present evidence advocating a valuation higher than that value finally determined by the assessor or the value determined by the board of equalization, whichever is higher, for that assessment period.

2. The county clerk shall keep an accurate record of the proceedings and orders of the board, and the assessor shall correct all erroneous assessments, and the clerk shall adjust the tax book according to the orders of such board and the orders of the state tax commission, except that in adding or deducting such percent to each tract or parcel of real estate as required by such board or state tax commission, he shall add or deduct in each case any fractional sum of less than fifty cents, so that the value of any separate tract shall contain no fractions of a dollar.

(RSMo 1939 § 11004, A.L. 1945 p. 1775, A.L. 1992 S.B. 630, A.L. 1993 H.B. 541, A.L. 2002 H.B. 1150, et al., A.L. 2020 S.B. 676) Prior revisions: 1929 § 9814; 1919 § 12823; 1909 § 11405 CROSS REFERENCES: Appeal to board, right of, 137.275 Notice of real property valuation increase to be given, review, 137.180
Mo. Rev. Stat. § 270.260 — MO Code / Chapter 270 / Section 270.260
270.260 Release of swine to live in wild or feral state, penalties.
Status: in_force

270.260. Release of swine to live in wild or feral state, penalties. — 1. Any person who recklessly or knowingly releases any swine to live in a wild or feral state upon any public land or private land not completely enclosed by a fence capable of containing such animals is guilty of a class A misdemeanor and may be sentenced to pay a fine up to two thousand dollars. Each swine so released shall be a separate offense.

2. Every person who has previously been found guilty of violating the provisions of this section, committed on a separate occasion where such offense occurred within ten years of the date of the occurrence of the present offense and who subsequently is found guilty of violating this section shall be guilty of a class E felony. Each swine so released shall be a separate offense.

3. Nothing in this section shall be construed to criminalize the accidental escape of domestic swine or the release into a facility under a department of conservation permit or to hinder the ability to transport domestic swine to market or slaughter.

4. Nothing in this section shall be construed to prohibit the right of an individual to farm or raise livestock.

(L. 2002 H.B. 1348, A.L. 2010 S.B. 795, A.L. 2014 S.B. 491, A.L. 2021 H.B. 369)
Mo. Rev. Stat. § 168.114 — MO Code / Chapter 168 / Section 168.114
168.114 Board may terminate, grounds for.
Status: in_force

168.114. Board may terminate, grounds for. — 1. An indefinite contract with a permanent teacher shall not be terminated by the board of education of a school district except for one or more of the following causes:

(1) Physical or mental condition unfitting him to instruct or associate with children;

(2) Immoral conduct;

(3) Incompetency, inefficiency or insubordination in line of duty;

(4) Willful or persistent violation of, or failure to obey, the school laws of the state or the published regulations of the board of education of the school district employing him;

(5) Excessive or unreasonable absence from performance of duties; or

(6) Conviction of a felony or a crime involving moral turpitude.

2. In determining the professional competency of or efficiency of * a permanent teacher, consideration should be given to regular and special evaluation reports prepared in accordance with the policy of the employing school district and to any written standards of performance which may have been adopted by the school board.

(L. 1969 p. 275 § 168.107) *Word "of" omitted in original rolls. CROSS REFERENCE: Suspension or termination of contracts of certificated staff and administrators, academically deficient schools, when, procedure, 160.540 (1975) Evidence held sufficient to justify dismissal for incompetency, insufficiency and insubordination. Saunders v. Reorganized School District No. 2 of Osage City (Mo.), 520 S.W.2d 29. (1976) School board is not required to have an official, published regulation on absences in order to discharge a permanent teacher for "excessive" and "unreasonable" absences. Aubuchon v. Gasconade Co. R-1 School District (A.), 541 S.W.2d 322. (1991) Where charges against teacher compromised teacher's integrity and respect in classroom, immoral conduct for purposes of statute providing for termination of teacher is not limited to sexual conduct but includes other conduct, such as theft of school property. Nexus must exist between teacher's fitness to teach and immoral conduct. Cochran v. Board of Education, 815 S.W.2d 55 (Mo.App.E.D.).
Mo. Rev. Stat. § 370.030 — MO Code / Chapter 370 / Section 370.030
370.030 Bylaws, contents.
Status: in_force

370.030. Bylaws, contents. — At the time of filing the certificate with the director of the division of credit unions, the organizers shall submit the bylaws with acknowledgment of their adoption by the organizers which shall provide:

(1) For the annual meeting, which shall take place no later than one hundred eighty days following the close of the fiscal year, the manner of notification of meetings and the conduct of the same, the number of members constituting a quorum and regulations as to voting;

(2) The number of directors, which shall not be less than five, all of whom must be members, their powers and duties, together with the duties of officers elected by the board of directors;

(3) The qualifications for membership;

(4) The number of members of the credit committee and of the supervisory committee, if elected or appointed, which shall not be less than three each, their terms of office, together with their respective powers and duties;

(5) The conditions under which shares may be issued, transferred and withdrawn, loans made and repaid, and the funds otherwise invested; and

(6) The charges, if any, which shall be made for failure to meet obligations punctually, whether or not the credit union shall have the power to borrow, the method of receipting for money, the manner of accumulating a reserve fund and determining a dividend.

(RSMo 1939 § 5521, A.L. 1941 p. 331, A.L. 1945 p. 689, A.L. 1945 p. 718, A. 1949 H.B. 2091, A.L. 1972 S.B. 502, A.L. 1984 H.B. 962, A.L. 2020 S.B. 599) Prior revision: 1929 § 5079
Mo. Rev. Stat. § 340.316 — MO Code / Chapter 340 / Section 340.316
340.316 Application, contents — false statements, penalty.
Status: in_force

340.316. Application, contents — false statements, penalty. — 1. The application shall include the disclosure of:

(1) Applicant's full name;

(2) Place of employment;

(3) Supervisor's name, license number and signature;

(4) Business and residence addresses;

(5) Date and number of applicant's certificate;

(6) Any disciplinary actions taken against the applicant by any state, territory or district of the United States or federal agency;

(7) Felony criminal convictions;

(8) Continuing educational credits; and

(9) Other information deemed necessary by the board to assess the applicant's fitness for certificate renewal.

2. The application shall be made under oath or affirmation by the applicant. The applicant is subject to penalties provided for under the laws of this state for making a false statement under an oath or affirmation, which shall be in addition to and not in lieu of any penalty or other discipline provided for by sections 340.200 to 340.330 .

(L. 1992 H.B. 878 § 58)
Mo. Rev. Stat. § 251.505 — MO Code / Chapter 251 / Section 251.505
251.505 Economic development district, established, how, purpose — board ...
Status: in_force

251.505. Economic development district, established, how, purpose — board established, how. — 1. An economic development district may be established by the governing bodies of adjoining counties or the governing bodies of a county or counties and a city not within a county in order to plan, formulate, develop, promote, fund, conduct or cause to be conducted, programs to encourage the economic development of the district. The governing bodies may establish such districts by enactment of identical ordinances or by mutual agreement of the governing bodies.

2. The qualifications, terms and number of members of the economic development board for the district shall be determined by the enacting ordinances or the mutual agreement of the governing bodies, except as provided in this subsection. Each county and each city not within a county shall have equal representation on the board. The chief executive officer of a county or mayor of a city not within a county shall appoint residents of such county or city to be on the board, and such officers shall jointly appoint one additional member to the board. The board shall select a chairman and any other officers it deems necessary to conduct its business, and shall meet at least four times a year at a time and place designated by the chairman in order to make policy and administer the activities of the district.

(L. 1988 H.B. 1201 § 2)
Mo. Rev. Stat. § 542.418 — MO Code / Chapter 542 / Section 542.418
542.418 Use of contents of wiretap in civil action, limitations on — illegal ...
Status: in_force

542.418. Use of contents of wiretap in civil action, limitations on — illegal wiretap, cause of action, damages, attorney fees and costs — good faith reliance on court order a prima facie defense. — 1. The contents of any wire communication or evidence derived therefrom shall not be received in evidence or otherwise disclosed in any civil or administrative proceeding, except in civil actions brought pursuant to this section.

2. Any person whose wire communication is intercepted, disclosed, or used in violation of sections 542.400 to 542.422 shall:

(1) Have a civil cause of action against any person who intercepts, discloses, or uses, or procures any other person to intercept, disclose, or use such communications; and

(2) Be entitled to recover from any such person:

(a) Actual damages, but not less than liquidated damages computed at the rate of one hundred dollars a day for each day of violation or ten thousand dollars whichever is greater;

(b) Punitive damages on a showing of a willful or intentional violation of sections 542.400 to 542.422 ; and

(c) A reasonable attorney's fee and other litigation costs reasonably incurred.

3. A good faith reliance on a court order or on the provisions of section 542.408 shall constitute a prima facie defense to any civil or criminal action brought under sections 542.400 to 542.422 .

4. Nothing contained in this section shall limit any cause of action available prior to August 28, 1989.

(L. 1989 H.B. 277, et al. § 10, A.L. 2002 S.B. 712) (1998) Communications between a cellular phone and a regular wire phone are wire communications within the purview of the wiretap law. Lee v. Lee, 967 S.W.2d 82 (Mo.App. W.D.). (1999) Section applies only to exclude evidence obtained pursuant to an authorized wiretap. Phillips v. American Motorist Insurance Co., 996 S.W.2d 584 (Mo.App.W.D.).
Mo. Rev. Stat. § 236.465 — MO Code / Chapter 236 / Section 236.465
236.465 Industrial water retention structures subject to provisions of sections ...
Status: in_force

236.465. Industrial water retention structures subject to provisions of sections 236.400 to 236.500 — inspection — changes. — Irrespective of any other provisions of sections 236.400 to 236.500 , the following provisions shall apply to the construction, alteration or enlargement of tailing, slime and settling ponds and to other similar industrial water retention structures included within the definitions of dam or reservoir in section 236.400 :

(1) Applications for construction, safety or registration permits shall be submitted as provided in section 236.435 and section 236.440 except that design plans and specifications which outline any anticipated enlargement of the industrial water retention structure shall be included;

(2) It shall not be necessary to reapply for a permit each time the structure is enlarged if the enlargement plans have been submitted in and approved with the original application, and the provisions of subdivision (3) of this section have been satisfied;

(3) Upon notification of the chief engineer, bearing the seal and signature of an experienced professional engineer, that the initial phase of construction has been completed in accordance with the provisions of the construction permit and sections 236.400 to 236.500 , or if a registration permit has been issued as provided in subdivision (1) of this section, and before any enlargement is begun, and if no violation of sections 236.400 to 236.500 can be shown, a safety permit or a registration permit with special provisions that authorize the planned enlargement to the initially constructed structure shall be issued, on application, if enlargement plans were included and approved in the original application;

(4) It is not necessary to retain continuously a professional engineer after the initial stage of construction;

(5) The dam shall be inspected by an experienced professional engineer registered in the state of Missouri as required to renew the safety permit or registration permit at five-year intervals unless safety of the public, life and property require a shorter period of time;

(6) The chief engineer shall make inspections of these structures as necessary to insure adequate protection for public safety, life and property;

(7) Where it is shown that a tailings, slime and settling pond, or other similar water retention structure is subject to inspection for safety, using standards at least as stringent as those required under sections 236.400 to 236.500 , by a federal or state agency and the owner notifies the council that the structure is subject to such inspection, such structures shall be exempt from the provisions of sections 236.400 to 236.500 .

(L. 1979 H.B. 603 § 14)
Mo. Rev. Stat. § 302.311 — MO Code / Chapter 302 / Section 302.311
302.311 Suspension or revocation — appeals from — procedure.
Status: in_force

302.311. Suspension or revocation — appeals from — procedure. — In the event an application for a license is denied or withheld, or in the event that a license is suspended or revoked by the director, the applicant or licensee so aggrieved may appeal to the circuit court of the county of his residence in the manner provided by chapter 536 for the review of administrative decisions at any time within thirty days after notice that a license is denied or withheld or that a license is suspended or revoked. Upon such appeal the cause shall be heard de novo and the circuit court may order the director to grant such license, sustain the suspension or revocation by the director, set aside or modify the same, or revoke such license. Appeals from the judgment of the circuit court may be taken as in civil cases. The prosecuting attorney of the county where such appeal is taken, shall appear in behalf of the director, and prosecute or defend, as the case may require.

(L. 1951 p. 678 § 302.310) (1964) The director of revenue is a necessary party to any appeal authorized by section 302.311 taken from a driver's or chauffeur's license suspension or revocation order of the director of revenue and his absence in such an action is jurisdictional to such an extent that it must be considered by an appellate court though not ruled on by trial court. Shepherd v. Dept. of Revenue (A.), 377 S.W.2d 525. (1972) Failure to appeal to circuit court within thirty days after notice of revocation deprived trial court of jurisdiction. Randles v. Schaffner (Mo.), 485 S.W.2d 1. (1998) Thirty-day period referred to in this statute begins to run on date of mailing of administrative decision. Gilbert v. Director of Revenue, 974 S.W.2d 655 (E.D.Mo.).
Mo. Rev. Stat. § 408.693 — MO Code / Chapter 408 / Section 408.693
408.693 Fee paid to financial institution, amount, how determined.
Status: in_force

408.693. Fee paid to financial institution, amount, how determined. — Except for records obtained pursuant to section 408.690 , a government authority shall pay to the financial institution assembling or providing financial records pertaining to a customer and in accordance with procedures established by sections 408.675 to 408.700 a fee for reimbursement for such costs as are reasonably necessary and which have been directly incurred in searching for, reproducing, or transporting books, papers, records, or other data required or requested to be produced. The rates established by the board of governors of the Federal Reserve System shall, by regulation, establish the rates and conditions under which such payment may be made.

(L. 1989 H.B. 82 § 13)
Mo. Rev. Stat. § 376.1121 — MO Code / Chapter 376 / Section 376.1121
376.1121 Denial of claim, long-term care insurance, duties of issuer.
Status: in_force

376.1121. Denial of claim, long-term care insurance, duties of issuer. — If a claim under a long-term care insurance contract is denied, the issuer shall, within sixty days of the date of a written request by the policyholder or certificate holder, or a representative thereof:

(1) Provide a written explanation of the reasons for the denial; and

(2) Make available all information directly related to the denial.

(L. 2002 H.B. 1568 merged with S.B. 1009)
Mo. Rev. Stat. § 47.340 — MO Code / Chapter 47 / Section 47.340
47.340 Personal representatives of estate — conservators, settlements, where made.
Status: in_force

47.340. Personal representatives of estate — conservators, settlements, where made. — All personal representatives and conservators, who by the establishment of a new county, or the alteration of county lines, shall cease to be inhabitants of the county in which they were appointed or received their letters, shall nevertheless continue to render their accounts and make settlements, and in all things proceed in the courts by which they were appointed, or their accounts remain to be settled, in all respects, and be subject to the like proceedings therein, as if such new county had not been established, or such alteration had not been made.

(RSMo 1939 § 13694, A.L. 1983 S.B. 44 & 45) Prior revisions: 1929 § 12035; 1919 § 9437; 1909 § 3654
Mo. Rev. Stat. § 531.020 — MO Code / Chapter 531 / Section 531.020
531.020 Proceedings in, how governed.
Status: in_force

531.020. Proceedings in, how governed. — The relator shall be named as such, in the information against such person usurping, intruding into or unlawfully holding or executing any such office or franchise, and shall proceed thereon in such manner as is usual in cases of information in the nature of a quo warranto.

(RSMo 1939 § 1783) Prior revisions: 1929 § 1619; 1919 § 2067; 1909 § 2632
Mo. Rev. Stat. § 414.092 — MO Code / Chapter 414 / Section 414.092
414.092 Inspection fees — records, reports.
Status: in_force

414.092. Inspection fees — records, reports. — The director of revenue shall keep a record of each person paying an inspection fee and the fee record shall be open to inspection by the governor, or any person for him, as well as any other interested person. The director of revenue shall make a detailed report annually to the governor of all business transacted by his office, and shall provide such report to any other interested person.

(L. 1987 S.B. 249) Effective 1-01-88
Mo. Rev. Stat. § 249.040 — MO Code / Chapter 249 / Section 249.040
249.040 Sanitary engineer — appointment, oath, duties, reports, contents.
Status: in_force

249.040. Sanitary engineer — appointment, oath, duties, reports, contents. — Upon the filing of such petition and bond the circuit court is hereby directed, within ten days thereafter, to appoint a competent sanitary engineer who may be an individual, copartnership, or a corporation, to lay out and define the boundaries of the proposed sewer district. The said engineer shall subscribe an oath to faithfully discharge his duties as such engineer and to make a true report of the work done and the facts ascertained by him. The said engineer may alter or amend the boundaries of the proposed district as set forth in the petition, so that the boundaries may embrace all of the area capable of being efficiently served or drained by the system of sewers, or so as to exclude from the sewer district any part of the natural drainage area which is so situated as not to be benefitted by the proposed system of sewers and for this purpose shall have power to make all surveys, maps, and do all things necessary to locate and describe said boundaries. If the engineer finds the proposed sewer system would be for the preservation of the public health or public welfare or will be of public utility or benefit he shall so report and in said report he shall state approximately the proper plan of and the location of the system of sewers and the probable cost of the improvement necessary to accomplish the objects of the petition. The engineer shall report his findings in writing, with such maps, profiles, drawings and other data as are necessary to advise the court in the premises and shall promptly file the same with the clerk of the circuit court. Said report shall be filed within thirty days after his appointment, unless, for good cause shown, the court shall extend the time. The engineer shall file with his report a statement that he has consulted with the department of health and senior services in connection therewith, and he shall also file with his report any statement in writing which may have been made to him by said department of health and senior services covering the matters contained in such report.

(RSMo 1939 § 12640, A.L. 1951 p. 627, A.L. 1978 H.B. 1634) Effective 1-2-79