FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 393.240 — MO Code / Chapter 393 / Section 393.240
393.240 Power of commission to require depreciation account of gas, electrical, ...
Status: in_force

393.240. Power of commission to require depreciation account of gas, electrical, water and sewer corporations. — 1. The commission shall have power, after hearing, to require any or all gas corporations, electrical corporations, water corporations and sewer corporations to carry a proper and adequate depreciation account in accordance with such rules, regulations and forms of account as the commission may prescribe.

2. The commission may, from time to time, ascertain and determine and by order fix the proper and adequate rates of depreciation of the several classes of property of such corporation, person or public utility. Each gas corporation, electrical corporation, water corporation and sewer corporation shall conform its depreciation accounts to the rates so ascertained, determined and fixed, and shall set aside the moneys so provided for out of earnings and carry the same in a depreciation fund and expend such fund only for such purposes and under such rules and regulations, both as to original expenditure and subsequent replacement, as the commission may prescribe. The income from investments of moneys in such fund shall likewise be carried in such fund.

(RSMo 1939 § 5656, A.L. 1967 p. 578) Prior revisions: 1929 § 5200; 1919 § 10488
Mo. Rev. Stat. § 454.1596 — MO Code / Chapter 454 / Section 454.1596
454.1596 Communications between tribunals.
Status: in_force

454.1596. Communications between tribunals. — A tribunal of this state may communicate with a tribunal outside this state in a record or by telephone, electronic mail, or other means, to obtain information concerning the laws, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding. A tribunal of this state may furnish similar information by similar means to a tribunal outside this state.

(L. 2011 H.B. 260) Effective 6-15-16, see § 454.1728
Mo. Rev. Stat. § 137.130 — MO Code / Chapter 137 / Section 137.130
137.130 Assessor to make physical inspection, when — assessment.
Status: in_force

137.130. Assessor to make physical inspection, when — assessment. — Whenever there shall be any taxable personal property in any county, and from any cause no list thereof shall be given to the assessor in proper time and manner, or whenever the assessor has insufficient information to assess any real property, the assessor or an employee of the assessor shall assess the property based upon a physical inspection or on the best information the assessor can obtain; and for that purpose the assessor or an employee of the assessor shall have lawful right to enter into any lands and make any examination and search which may be necessary to assess such real property only when the assessor is entering because the assessor has insufficient information to assess such real property or to assess such personal property only when the assessor is entering because no list of taxable personal property has been given, and may examine any person upon oath touching the same. The assessor or an employee of the assessor shall not enter the interior of any structure on any real property as part of the inspection to assess such property without permission. The assessor shall list, assess and cause taxes to be imposed upon omitted taxable personal property in the current year and in the event personal property was also subject to taxation in the immediately preceding three years, but was omitted, the assessor shall also list, assess and cause taxes to be imposed upon such property.

(RSMo 1939 § 10954, A.L. 1945 p. 1782 § 14, A.L. 1999 S.B. 19 and S.B. 219, A.L. 2005 H.B. 58 merged with S.B. 210) Prior revisions: 1929 § 9760; 1919 § 12770; 1909 § 11352
Mo. Rev. Stat. § 379.122 — MO Code / Chapter 379 / Section 379.122
379.122 Refusal to issue policy based on the lack of prior motor vehicle coverage ...
Status: in_force

379.122. Refusal to issue policy based on the lack of prior motor vehicle coverage prohibited, when — military member protections, notification required. — 1. No insurer shall refuse to write a policy for an applicant or base an adverse underwriting decision, including but not limited to charging an increased premium, solely on the fact that the applicant has never purchased such a policy of motor vehicle insurance where the lack of motor vehicle insurance coverage is due to the applicant serving in the armed services and the applicant has not operated a motor vehicle in violation of any financial responsibility or compulsory insurance requirement within the past twelve months.

2. No insurer shall refuse to write a policy for an applicant or base an adverse underwriting decision, including but not limited to charging an increased premium, solely on the fact that the applicant has not owned or been covered by such a policy of motor vehicle insurance during any specified period immediately preceding the date of application where the lack of motor vehicle insurance coverage is due to the applicant serving in the armed services and the applicant has not operated a motor vehicle in violation of any financial responsibility or compulsory insurance requirement within the past twelve months. Nothing in this subsection shall prohibit an insurer from giving a discount for such an applicant that has been covered by a policy of insurance during such a specified period.

3. Nothing in this section shall prohibit an insurer from basing an adverse underwriting decision on an applicant's previous driving record where such record indicates that the applicant is a substandard risk.

4. In order to establish compliance with this section, an insurer may require any applicant claiming to meet the criteria of subsection 1 or 2 of this section to provide proof of eligibility in a manner as the insurer may prescribe.

5. The adjutant general shall ensure that members of the state military forces, as defined in section 40.005 , receive notice of the protections provided under this section at such time as information regarding the Servicemembers Civil Relief Act, 50 U.S.C. 3901, et seq., is provided, or at such other times as the adjutant general deems appropriate. The notice shall specifically state that insurers are prohibited under this section from refusing to issue a policy of motor vehicle insurance, or from charging higher premiums, based solely on a lack of prior coverage where the lack of prior coverage was due to military service. The secretaries of the branches of the United States Armed Forces are hereby encouraged to likewise notify servicemembers under their jurisdictions of the protections provided under this section.

(L. 2001 S.B. 151, A.L. 2021 S.B. 120) Transferred 2004; formerly 379.126
Mo. Rev. Stat. § 376.1318 — MO Code / Chapter 376 / Section 376.1318
376.1318 Powers of mutual holding company, engaging in business of insurance, no ...
Status: in_force

376.1318. Powers of mutual holding company, engaging in business of insurance, no authority, affiliation and merger agreements. — A mutual holding company shall have the same powers granted to domestic insurance companies pursuant to chapter 382 relating to insurance holding company systems, and shall be subject to the requirements and provisions of such chapter and shall have all the powers granted to corporations organized pursuant to chapter 351 . Neither the mutual holding company nor any stock holding company created pursuant to sections 376.1300 to 376.1322 shall be an insurer or shall have the authority to engage in the business of insurance. A mutual holding company may enter into an affiliation agreement or a merger agreement either at the time of reorganization, or at some later time with the approval of the director, with any mutual life insurance company authorized to do business in this state. Any such merger agreement may authorize participating policyholders of the mutual life insurance company to become members of the mutual holding company. Any such affiliation agreement or merger agreement is subject to the insurance laws of this state relating to such transactions entered into by a domestic mutual life insurance company.

(L. 1996 S.B. 759)
Mo. Rev. Stat. § 511.680 — MO Code / Chapter 511 / Section 511.680
511.680 Failure of clerk to perform duty — penalty.
Status: in_force

511.680. Failure of clerk to perform duty — penalty. — Any clerk failing to comply with the provisions of sections 511.630 to 511.670 , or who shall fail to enter in said docket, within the time required, the judgments of associate circuit judges' courts, transcripts of which have been filed in his office, shall forfeit and pay to the party injured thereby the sum of one hundred dollars, to be recovered by civil action.

(RSMo 1939 § 1297) Prior revisions: 1929 § 1133; 1919 § 1584; 1909 § 2153
Mo. Rev. Stat. § 461.035 — MO Code / Chapter 461 / Section 461.035
461.035 Agents may not make, revoke or change beneficiary unless document ...
Status: in_force

461.035. Agents may not make, revoke or change beneficiary unless document establishes agent's right or court order authorizes — authorized withdrawals may extinguish beneficiary's right to transfer. — 1. An attorney in fact, custodian, conservator or other agent may not make, revoke or change a beneficiary designation unless the document establishing the agent's right to act, or a court order, expressly authorizes such action and such action complies with the terms of the governing instrument, the rules of the transferring entity and applicable law.

2. This section shall not prohibit the authorized withdrawal, sale, pledge or other present transfer of the property by an attorney in fact, custodian, conservator or other agent notwithstanding the fact that the effect of the transaction may be to extinguish a beneficiary's right to receive a transfer of the property at the death of the owner.

(L. 1995 S.B. 116)
Mo. Rev. Stat. § 376.2020 — MO Code / Chapter 376 / Section 376.2020
376.2020 Contracts prohibiting disclosure of certain payments and costs are ...
Status: in_force

*376.2020. Contracts prohibiting disclosure of certain payments and costs are unenforceable. — 1. For purposes of this section, the following terms shall mean:

(1) "Contractual payment amount" or "payment amount" , shall mean the total amount a health care provider is to be paid for providing a given health care service pursuant to a contract with a health carrier, and includes both the portions to be paid by the patient and by the health carrier. It is commonly referred to as the allowable amount;

(2) "Enrollee" , shall have the same meaning ascribed to it in section 376.1350 ;

(3) "Health care provider" , shall have the same meaning ascribed to it in section 376.1350 ;

(4) "Health care service" , shall have the same meaning ascribed to it in section 376.1350 ;

(5) "Health carrier" , shall have the same meaning ascribed to it in section 376.1350 .

2. No provision in a contract in existence or entered into, amended, or renewed on or after August 28, 2016, between a health carrier and a health care provider shall be enforceable if such contractual provision prohibits, conditions, or in any way restricts any party to such contract from disclosing to an enrollee, or such person's parent or legal guardian, the contractual payment amount for a health care service if such payment amount is less than the health care provider's usual charge for the health care service, and if such contractual provision prevents the determination of the potential out-of-pocket cost for the health care service by the enrollee, parent, or legal guardian.

(L. 2016 S.B. 608) *Effective 10-14-16, see § 21.250. S.B. 608 was vetoed July 5, 2016. The veto was overridden on September 14, 2016.
Mo. Rev. Stat. § 256.613 — MO Code / Chapter 256 / Section 256.613
256.613 Written examinations.
Status: in_force

256.613. Written examinations. — Written examinations shall be designed to test the applicants' knowledge of the principles of well drilling and plugging, the methods of installation of pumping equipment and the rules and regulations promulgated under sections 256.600 to 256.640 .

(L. 1991 S.B. 221)
Mo. Rev. Stat. § 486.740 — MO Code / Chapter 486 / Section 486.740
486.740 Notarial certificate required, contents, form.
Status: in_force

486.740. Notarial certificate required, contents, form. — 1. For every notarial act involving a document, a notary shall properly complete a notarial certificate that contains or states:

(1) The official signature of the notary, in accordance with section 486.725 ;

(2) An impression of the official seal of the notary, in accordance with section 486.725 ;

(3) The venue of the notarial act where the notary is located, including the name of this state and of the pertinent county;

(4) The date of the notarial act; and

(5) The facts and particulars attested by the notary in performing the respective notarial act.

2. A notarial certificate shall be sufficient for a particular notarial act only if it meets the requirements of subsection 1 of this section and is in a form that:

(1) Is set forth for that act in this chapter;

(2) Is otherwise prescribed for that act by the laws of this state;

(3) Is prescribed for that act by a law, regulation, or custom of another jurisdiction, provided it does not require actions by the notary that are unauthorized by the laws of this state; or

(4) Describes the actions of the notary in such a manner as to meet the requirements of the particular notarial act.

3. A notarial certificate shall be worded and completed using only letters, characters, and a language that are read, written, and understood by the notary.

(L. 2020 H.B. 1655)
Mo. Rev. Stat. § 430.340 — MO Code / Chapter 430 / Section 430.340
430.340 Liability of executors and administrators.
Status: in_force

430.340. Liability of executors and administrators. — Every executor, administrator, assignee or other person who pays any debt due by the person or estate for whom or for which he acts before he satisfies and pays the debts due to the state of Missouri from such person or estate, shall become answerable in his own person and estate for the debt so due to the state of Missouri, or so much thereof as may remain due and unpaid.

(RSMo 1939 § 3543) Prior revisions: 1929 § 3153; 1919 § 7213; 1909 § 8209
Mo. Rev. Stat. § 329.028 — MO Code / Chapter 329 / Section 329.028
329.028 Board of cosmetology and barber examiners fund created, use of moneys.
Status: in_force

329.028. Board of cosmetology and barber examiners fund created, use of moneys. — 1. There is hereby created in the state treasury a fund to be known as the "Board of Cosmetology and Barber Examiners Fund", which shall consist of all moneys collected by the board. All fees provided for in this chapter and chapter 328 shall be payable to the director of the division of professional registration, who shall keep a record of the account showing the total payments received and shall immediately thereafter transmit them to the department of revenue for deposit in the state treasury to the credit of the board of cosmetology and barber examiners fund. All the salaries and expenses for the operation of the board shall be appropriated and paid from such fund.

2. The provisions of section 33.080 to the contrary notwithstanding, money in this fund shall not be transferred and placed to the credit of general revenue until the amount in the fund at the end of the biennium exceeds two times the amount of the appropriation from the board's funds for the preceding fiscal year or, if the board requires by rule license renewal less frequently than yearly, then three times the appropriation from the board's funds for the preceding fiscal year. The amount, if any, in the fund which shall lapse is that amount in the fund which exceeds the appropriate multiple of the appropriations from the board's funds for the preceding fiscal year.

(L. 2005 S.B. 280, A.L. 2008 S.B. 788, A.L. 2010 H.B. 1516 Revision merged with H.B. 1965)
Mo. Rev. Stat. § 334.602 — MO Code / Chapter 334 / Section 334.602
334.602 Patient record documentation requirements.
Status: in_force

334.602. Patient record documentation requirements. — 1. Physical therapists and physical therapist assistants shall provide documentation in order that an adequate and complete patient record can be maintained. All patient records shall be legible and available for review and shall include at a minimum documentation of the following information:

(1) Identification of the patient, including name, birth date, address, and telephone number;

(2) The date or dates the patient was seen;

(3) The current status of the patient, including the reason for the visit;

(4) Observation of pertinent physical findings;

(5) Assessment and clinical impression of physical therapy diagnosis;

(6) Plan of care and treatment;

(7) Documentation of progress toward goals;

(8) Informed consent;

(9) Discharge summary.

2. Patient records remaining under the care, custody, and control of the licensee shall be maintained by the licensee of the board, or the licensee's designee, for a minimum of seven years from the date of when the last professional service was provided.

3. Any correction, addition, or change in any patient record shall be clearly marked and identified as such, and the date, time, and name of the person making the correction, addition, or change shall be included, as well as the reason for the correction, addition, or change.

4. The board shall not obtain a patient medical record without written authorization from the patient to obtain the medical record or the issuance of a subpoena for the patient medical record.

(L. 2008 S.B. 788)
Mo. Rev. Stat. § 197.450 — MO Code / Chapter 197 / Section 197.450
197.450 Home health services advisory council — members — terms, qualifications — ...
Status: in_force

197.450. Home health services advisory council — members — terms, qualifications — appointment — vacancies — expenses. — 1. There is hereby created the "Home Health Services Advisory Council", which shall guide, advise and make recommendations to the department relating to the rules and standards adopted and the implementation and administration of sections 197.400 to 197.475 .

2. Members of the council shall be residents of this state. The council shall consist of members who shall serve for a term of three years. No member may serve more than two successive full terms. One member of the council shall be a representative of the department, and such member shall serve as chairman of the council. Three members shall be citizens selected from the state at large and shall have no connection with any home health agency. Five members shall be representatives of home health agencies and one of these five members shall be selected from each of the following types of home health agencies:

(1) Public sponsored home health agencies;

(2) Institutional sponsored home health agencies;

(3) Voluntary nonprofit home health agencies;

(4) Private nonprofit home health agencies; and

(5) For-profit home health agencies.

3. All members of the council shall be appointed by the director of the department. The term of office of each member shall be for three years or until his successor is appointed; except that, of the members first appointed, three shall be selected for one year, three shall be selected for two years, and three shall be selected for three years. Before a member's term expires, the director of the department shall appoint a successor to assume his duties on the expiration of his predecessor's term. A vacancy in the office of a member shall be filled by appointment for the unexpired term.

4. The council shall meet not less than quarterly each year at a place, day and hour determined by the council. The council may also meet at such other times and places as may be designated by the chairman, or upon the request of the majority of the other members of the council.

5. Members of the council shall receive no compensation for their services, but shall be reimbursed, subject to appropriations, for their actual and necessary expenses incurred in the performance of their duties.

(L. 1983 H.B. 51 § 10, A.L. 2002 H.B. 1953)
Mo. Rev. Stat. § 208.459 — MO Code / Chapter 208 / Section 208.459
208.459 Director of department of social services to determine amount of allowance ...
Status: in_force

208.459. Director of department of social services to determine amount of allowance — notification of amount due when — payment may be made in increments — offset by Medicaid payments due hospital on request. — 1. The director of the department of social services shall make a determination as to the amount of federal reimbursement allowance due from the various hospitals.

2. The director of the department of social services shall notify each hospital of the annual amount of its federal reimbursement allowance. Such amount may be paid in increments over the balance of the assessment period.

3. The department of social services is authorized to offset the federal reimbursement allowance owed by a hospital against any Missouri Medicaid payment due that hospital, if the hospital requests such an offset. The amounts to be offset shall result, so far as practicable, in withholding from the hospital an amount substantially equivalent to the assessment to be due from the hospital. The office of administration and state treasurer are authorized to make any fund transfers necessary to execute the offset.

(L. 1992 H.B. 1744 § 208.420, A.L. 1994 H.B. 1362) Expires 9-30-29; see § 208.480
Mo. Rev. Stat. § 103.133 — MO Code / Chapter 103 / Section 103.133
103.133 Withdrawal from plan — participating agencies and political subdivisions, ...
Status: in_force

103.133. Withdrawal from plan — participating agencies and political subdivisions, procedure — termination of plan effective, when. — A participating member agency may elect to withdraw from the plan by certifying such election of its governing body to the board. Such certification must be received by the board at least ninety days prior to the end of the then current plan year and termination of the agency's coverage under the plan will become effective at the end of the then current plan year.

(L. 1992 H.B. 1574 § 4 subsec. 2)
Mo. Rev. Stat. § 67.1224 — MO Code / Chapter 67 / Section 67.1224
67.1224 Airport zoning regulation not applicable to certain counties.
Status: in_force

67.1224. Airport zoning regulation not applicable to certain counties. — Nothing in sections 67.1200 to 67.1222 shall apply to any county of the first class with a charter form of government with a population in excess of nine hundred thousand.

(L. 1992 H.B. 1434 & 1490 § 22)