FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 204.253 — MO Code / Chapter 204 / Section 204.253
204.253 Board of trustees, no power to levy taxes until approval.
Status: in_force

204.253. Board of trustees, no power to levy taxes until approval. — 1. The board of trustees of the common sewer district over the subdistrict formed under the alternative method of formation provided in subsections 3 to 7 of section 204.250 shall have no power to levy or collect any taxes for the payment of any indebtedness incurred by the common sewer district unless and until the voters of the common sewer district or the subdistrict shall have authorized the incurring of indebtedness at an election. All expenses and indebtedness incurred by the common sewer district on behalf of the subdistrict may be paid out of funds which may be received by the common sewer district on behalf of the subdistrict from the sale of bonds authorized by the voters of the subdistrict or the voters of the common sewer district.

2. Nothing in this section shall be construed to prevent the board of trustees from expending funds of the common sewer district for the benefit of the subdistrict or to require the board of trustees to expend funds of the common sewer district for the benefit of the subdistrict.

(L. 1992 H.B. 1803 § 3, A.L. 1993 S.B. 80, et al.)
Mo. Rev. Stat. § 233.185 — MO Code / Chapter 233 / Section 233.185
233.185 Commissioners of special road district shall organize — when — how.
Status: in_force

233.185. Commissioners of special road district shall organize — when — how. — 1. The commissioners so appointed and qualified shall meet at such a time and place within such district as may be fixed by the county commission at the time of appointing them, or as they may in writing agree upon, and shall organize by electing one of their number president, another vice president and another secretary; provided, that by a unanimous vote of such commissioners any person not a member of such board may be chosen secretary.

2. Meetings of the special road district commissioners shall be held thereafter at such time and place as they may agree upon in writing, or the president or vice president may order. The president of the board shall preside at all meetings thereof; the president shall sign the minutes and records of the board, and all check warrants that may be drawn upon the treasury for the payment of any money out of the treasury on account of the funds belonging to such district, and exercise a general supervising control over the work of such commissioners, and in a general way may do all the acts and things that the board may empower the president to do, and such others as may be authorized by law. During absence of the president from the county, or from any meeting of the board, the vice president shall perform the duties conferred upon the president.

3. The secretary shall carefully keep a true record of all check warrants drawn on the treasurer and all written contracts that may be entered into on behalf of the district, shall attest such check warrants and the execution of such contracts, keep minutes of meetings of the board, and perform such other duties as the law may require. All money paid to the county treasurer and placed to the credit of the district shall be paid out only on check warrants signed by the president or vice president and attested by the secretary, except as may be otherwise authorized by law.

(RSMo 1939 § 8713, A.L. 1997 H.B. 813) Prior revisions: 1929 § 8064; 1919 § 10836; 1909 § 10614
Mo. Rev. Stat. § 347.119 — MO Code / Chapter 347 / Section 347.119
347.119 Judgment creditor of member, charge of member's interest with payment of ...
Status: in_force

347.119. Judgment creditor of member, charge of member's interest with payment of unsatisfied judgment. — On application to a court of competent jurisdiction by any judgment creditor of a member, the court may charge the member's interest in the limited liability company with payment of the unsatisfied amount of the judgment with interest. To the extent so charged, the judgment creditor has only the rights of an assignee of the member's interest. Sections 347.010 to 347.187 do not deprive any member of the benefit of any exemption laws applicable to his interest in the limited liability company.

(L. 1993 S.B. 66 & 20 § 359.774) Effective 12-01-93
Mo. Rev. Stat. § 370.102 — MO Code / Chapter 370 / Section 370.102
370.102 Confidentiality oath required, exceptions — confidentiality of information.
Status: in_force

370.102. Confidentiality oath required, exceptions — confidentiality of information. — 1. To ensure the integrity of the examination process, the director of the division of credit unions and all employees of the division of credit unions, and its special agents, shall be bound under oath to keep secret all facts and information obtained in the course of all examinations and investigations except:

(1) To the extent that the public duty of the director requires the director to report information to another government official or agency or take administrative or judicial enforcement action regarding the affairs of a state-chartered credit union;

(2) When called as a witness in a court proceeding relating to such state-chartered credit union's safety and soundness or in any criminal proceeding;

(3) When reporting on the condition of the state-chartered credit union to the officers and directors of the state-chartered credit union;

(4) When reporting findings to a complainant, provided the disclosure is limited to such complainant's account information;

(5) When exchanging information with any agency which regulates financial institutions under federal law or the laws of any state when the director of the division of credit unions determines that the sharing of information is necessary for the proper performance by the director of the division of credit unions and the other agencies, that such information will remain confidential as though subject to section 370.101 and this section and that said agencies routinely share information with the division of credit unions;

(6) When authorized by the state-chartered credit union's board of directors to provide the information to anyone else; or

(7) When disclosure is necessary or required, the director may set conditions and limitations, including an agreement of confidentiality or a judicial or administrative protective order.

2. In all other circumstances, facts and information obtained by the director of the division of credit unions and the employees and special agents of the division of credit unions through examinations or investigations shall be held in confidence absent a court's finding of compelling reasons for disclosure. Such finding shall demonstrate that the need for the information sought outweighs the public interest in free and open communications during the examination or investigation process. To assure a meaningful hearing, any state-chartered credit union that is not already a party to the judicial proceeding and whose information is the subject of a records request or subpoena shall be joined or notified and permitted to intervene in the hearing and to participate regarding the production request or subpoena. In no event shall a state-chartered credit union, or any officer, director, or employee thereof, be charged with libel, slander, or defamation for any good faith communications with the director of the division of credit unions or any employees of the division of credit unions.

(L. 2011 S.B. 306)
Mo. Rev. Stat. § 327.629 — MO Code / Chapter 327 / Section 327.629
327.629 Licensure as professional landscape architect required to practice, exceptions.
Status: in_force

327.629. Licensure as professional landscape architect required to practice, exceptions. — No person shall practice as a professional landscape architect in Missouri as defined in section 327.600 unless and until the board has issued to him or her a license or certificate of authority certifying that he or she has been duly licensed as a professional landscape architect in Missouri, and unless such licensure has been renewed as provided in section 327.621 ; provided, however, that nothing in sections 327.600 to 327.635 shall be construed to require licensing of a person or corporation who is offering, but not performing or rendering, landscape architectural services if the person or corporation is licensed to practice landscape architecture in the state or country of residence or principal place of business. No person shall hold themselves out to be a professional landscape architect unless licensed pursuant to the provisions of sections 327.600 to 327.635 .

(L. 1989 H.B. 190, et al. § 14, A.L. 2001 H.B. 567, A.L. 2014 S.B. 809)
Mo. Rev. Stat. § 404.440 — MO Code / Chapter 404 / Section 404.440
404.440 Transfer of property to personal custodian for incapacitated beneficiary — ...
Status: in_force

404.440. Transfer of property to personal custodian for incapacitated beneficiary — effect — powers, duties, and immunities of custodian — single custodian may serve more than one beneficiary. — 1. Property may be transferred to an adult beneficiary, including a beneficiary who is or may become an incapacitated person on or after the date of the transfer, by transferring the property to a personal custodian for the beneficiary under sections 404.400 to 404.650 .

2. By transferring property to a personal custodian for a beneficiary under sections 404.400 to 404.650 , the transferor incorporates in the transfer all the provisions of sections 404.400 to 404.650 and grants to the personal custodian and third persons dealing with the personal custodian, the respective powers, rights and immunities provided in sections 404.400 to 404.650 . By holding property for a beneficiary as personal custodian under sections 404.400 to 404.650 , the personal custodian assumes the obligation to administer the custodial property for the beneficiary as prescribed in sections 404.400 to 404.650 and the provisions of any written agreement between the transferor and personal custodian.

3. Only one person may be personal custodian under sections 404.400 to 404.650 of the property transferred. A person may be a personal custodian of property for more than one beneficiary, but the personal custodian shall separately hold and administer the custodial property for each beneficiary unless the property is transferred to the personal custodian for the use and benefit of multiple beneficiaries in accordance with subdivision (6) of subsection 1 of section 404.540 .

(L. 1986 S.B. 651 § 3 subsecs. 1, 4, 5, A.L. 1989 H.B. 145)
Mo. Rev. Stat. § 142.929 — MO Code / Chapter 142 / Section 142.929
142.929 Distributor and transporter duties when fuel not dyed and tax not paid to ...
Status: in_force

142.929. Distributor and transporter duties when fuel not dyed and tax not paid to supplier — penalties — enforcement authority. — 1. In the event that a distributor acquires motor fuel destined for this state which has neither been dyed in accordance with the Internal Revenue Code and the regulations issued thereunder, nor tax paid to or accrued by the supplier at the time of removal from the out-of-state terminal, any licensed distributor and transporter operating on behalf of the licensed importer shall meet all of the following conditions prior to entering motor fuel onto the highways of this state by loaded transport truck:

(1) The importer or the transporter shall have obtained an import verification number from the director not sooner than twenty-four hours prior to entering this state;

(2) The import verification number shall have been set out prominently and indelibly on the face of each copy of the terminal-issued shipping paper carried on board the transport truck;

(3) The terminal origin and the name and address of the importer shall also be set out prominently on the face of each copy of the terminal-issued shipping paper;

(4) The terminal-issued shipping paper data otherwise required by this chapter shall be present; and

(5) All tax imposed by this chapter with respect to previously requested import verification number activity on the account of the distributor or the transporter shall have been timely precollected or remitted.

2. Any person who knowingly violates or knowingly aids and abets another to violate this provision shall be guilty of a class A misdemeanor, provided that a first offense related to a good faith belief that the distributor could import under the conditions will be punishable only by a fine.

3. The director, his appointee, or representative may hold the transport conveyance and seize, confiscate and dispose of any motor fuel which is not accompanied by the required shipping paper.

4. The director and his duly appointed agents and the highway patrol and its officers shall have full authority in enforcing the provisions of this section.

(L. 1998 S.B. 619) Effective 1-1-99
Mo. Rev. Stat. § 376.180 — MO Code / Chapter 376 / Section 376.180
376.180 Certificates as to registration and reserves on policy — policies exempt, ...
Status: in_force

376.180. Certificates as to registration and reserves on policy — policies exempt, exceptions. — 1. After making the deposits mentioned in section 376.170 , the company shall issue its policies of insurance or annuity bonds and each policy may have set out in the body thereof the following: "This policy is registered and the net reserves secured by a pledge of bonds, deeds of trust on real estate and other securities deposited with the department of commerce and insurance of Missouri as required by section 376.170 , RSMo."

2. The company under the supervision of the director shall prepare and keep a permanent register thereof.

3. The provisions of this section pertaining to the registration of policies shall not apply to policies issued on the industrial or prudential plans except when such policies exceed one thousand dollars in amount, nor shall the provisions of this section apply to term policies of seven years or less and in amounts of ten thousand dollars or less, or to policies of group insurance or group annuity; except that nothing contained herein shall be deemed to prevent any policy from being registered hereunder, if the company issuing the policy shall so desire.

(RSMo 1939 § 5816, A.L. 1951 p. 274, A.L. 1953 p. 241, A.L. 1961 p. 170, A.L. 1963 p. 491, A.L. 1967 p. 516, A.L. 1969 S.B. 63) Prior revisions: 1929 § 5705; 1919 § 6116; 1909 § 6910
Mo. Rev. Stat. § 491.675 — MO Code / Chapter 491 / Section 491.675
491.675 Citation of sections 491.675 to 491.705.
Status: in_force

491.675. Citation of sections 491.675 to 491.705. — The provisions of sections 491.675 to 491.705 shall be known and may be cited as the "Child Victim Witness Protection Law".

(L. 1985 H.B. 366, et al. § 7, A.L. 1987 H.B. 598)
Mo. Rev. Stat. § 473.387 — MO Code / Chapter 473 / Section 473.387
473.387 Secured claims — surrender of security — payment.
Status: in_force

473.387. Secured claims — surrender of security — payment. — When a creditor holds any security for his claim, the security shall be described in the claim. If the claim is secured by a mortgage, pledge, or other lien which has been recorded or filed for record, it is sufficient to describe the lien by date, and refer to the volume, page and place of recording or filing and the names of parties thereto. The claim shall be allowed in the same amount as if it were unsecured and the judgment allowing it shall describe the security. The creditor may surrender his security and be paid out of the assets of the estate. Nothing in this law shall be construed to compel the creditor to surrender his security until he receives payment of his debt in full or he is paid the value of the security. Payment of the claim shall be upon the basis of the full amount allowed if the creditor surrenders his security; otherwise payment shall be upon the basis of one of the following:

(1) If the creditor exhausts his security before receiving payment, then upon the basis of the full amount of the claim less the amount realized upon exhausting the security;

(2) If the creditor has not exhausted or does not have the right to exhaust his security, then upon the basis of the full amount of the claim less the value of the security determined by converting the same into money according to the terms of the agreement pursuant to which the security was delivered to the creditor, or by the creditor and personal representative by agreement, arbitration, compromise, or litigation.

(L. 1955 p. 385 § 147, A.L. 1980 S.B. 637) Effective 1-01-81 (1961) Where parties to divorce suit entered into property settlement which provided for the payment of the attorneys for both parties, the claim for the attorney fees upon the death of one of the parties to the divorce action who signed the agreement could be established in the probate court. Yonke v. Albert's Estate (A.), 351 S.W.2d 794.
Mo. Rev. Stat. § 196.346 — MO Code / Chapter 196 / Section 196.346
196.346 Stop-sale orders, effect — appeals.
Status: in_force

196.346. Stop-sale orders, effect — appeals. — The director, or his authorized agents or representatives, are authorized and empowered to issue and enforce a written or printed "Stop-Sale" order to the owner or custodian of any eggs which are found to be in violation of any of the provisions of sections 196.311 to 196.361 , or the rules or regulations adopted under the authority of sections 196.311 to 196.361 , which order shall prohibit the further sale of such eggs until sections 196.311 to 196.361 have been complied with and the owner or custodian shall have the right to take such steps as may be possible to bring the eggs into compliance, such as regrading or relabeling, and, provided that in respect to eggs that have been denied sale as provided in sections 196.311 to 196.361 , the owner or custodian of such eggs shall have the right to appeal from such order to the circuit court of the county or city in which the eggs are located, praying for a judgment as to the justification of such order and for the discharge of such eggs from the order prohibiting the sale in accordance with the findings of the court.

(L. 1955 p. 701 § 196.347, A.L. 1978 H.B. 1634) Effective 1-2-79
Mo. Rev. Stat. § 86.117 — MO Code / Chapter 86 / Section 86.117
86.117 Ten percent of fund may be in available cash — how kept.
Status: in_force

86.117. Ten percent of fund may be in available cash — how kept. — For the purpose of meeting disbursements for pensions, annuities, and other payments, there may be kept available cash not exceeding ten percent of the total amount in the several funds of the retirement system on deposit in one or more banks or trust companies in said cities, organized under the laws of the state of Missouri, or of the United States; provided, that the amount on deposit in any one bank or trust company shall not exceed twenty-five percent of the paid up capital and surplus of such bank or trust company.

(RSMo 1939 § 9470) Prior revision: 1929 § 8912
Mo. Rev. Stat. § 700.600 — MO Code / Chapter 700 / Section 700.600
700.600 Notice required before landlord may evict, when — landlord prohibited from ...
Status: in_force

700.600. Notice required before landlord may evict, when — landlord prohibited from increasing rent, when. — 1. As used in this section, the following terms mean:

(1) "Manufactured home" , the same meaning as provided in section 700.010 ;

(2) "Manufactured or mobile home land lease community" , any area, lot, parcel, or tract held in common ownership and on which individual portions of such area, lot, parcel, or tract are leased for the placement of manufactured or mobile homes as a primary residence;

(3) "Mobile home" , a residential building constructed or assembled in a factory which is not certified pursuant to the federal Housing and Urban Development (HUD) Code and which conforms to the American National Standards Institute (ANSI) standards for mobile homes.

2. A landlord of a manufactured or mobile home land lease community shall provide written notice to all of the community's tenants who own their manufactured or mobile homes at least one hundred twenty days prior to requiring such tenants to vacate the property due to a change in use of the property. In cases where more than one hundred twenty days remain on a current lease, the longer time period shall apply for purposes of providing notice pursuant to this section. The landlord shall not increase the rent, except for a rent increase based solely on an increase in property taxes, for any tenant of the manufactured or mobile home land lease community during the sixty-day period prior to providing such notice or at any time after providing such notice.

3. Nothing in this section shall be construed as prohibiting a landlord from evicting a tenant with less than one hundred twenty days' notice for any reason other than a change in use of the property.

(L. 2004 H.B. 998 & 905) CROSS REFERENCE: Penalty for violations, 700.115
Mo. Rev. Stat. § 394.220 — MO Code / Chapter 394 / Section 394.220
394.220 Cooperatives may merge, how.
Status: in_force

394.220. Cooperatives may merge, how. — Any one or more cooperatives, each of which is herein designated a "merging cooperative", may merge into another cooperative, herein designated the "surviving cooperative", by complying with the following requirements:

(1) The proposition for the merger of the merging cooperatives into the surviving cooperative and proposed articles of merger to give effect thereto shall be first approved by the board of directors of each merging cooperative and by the board of directors of the surviving cooperative. The proposed articles of merger shall recite in the caption that they are executed pursuant to this chapter and shall state:

(a) The name of each merging cooperative, the address of its principal office, and the date of the filing of its articles of incorporation in the office of the secretary of state;

(b) The name of the surviving cooperative and the address of its principal office;

(c) A statement that the merging cooperatives elect to be merged into the surviving cooperative;

(d) The terms and conditions of the merger and the mode of carrying the same into effect, including the manner and basis of converting the memberships in the merging cooperative or cooperatives into memberships in the surviving cooperative and the issuance of certificates of memberships in respect of such converted memberships; and

(e) Any provisions not inconsistent with this chapter deemed necessary or advisable for the conduct of the business and affairs of the surviving cooperative;

(2) The proposition for the merger of the merging cooperatives into the surviving cooperative and the proposed articles of merger approved by the board of directors of the respective cooperatives, parties to the proposed merger, shall then be submitted to a vote of the members of each such cooperative at any annual or special meeting thereof, the notice of which shall set forth full particulars concerning the proposed merger. The proposed merger and the proposed articles of merger shall be deemed to be approved upon the affirmative vote of a majority of the members of each cooperative present at the meeting and voting on the issue; and

(3) (a) Upon such approval by the members of the respective cooperatives, parties to the proposed merger, articles of merger in the form approved shall be executed and acknowledged in duplicate on behalf of each such cooperative by its president or vice president and its seal shall be affixed thereto and attested by its secretary;

(b) The president or vice president of each cooperative executing such articles of merger shall also make and annex thereto an affidavit stating that the provisions of this section were duly complied with by such cooperative;

(c) Such articles of merger and affidavits shall be submitted to the secretary of state for filing as provided in this chapter.

(RSMo 1939 § 5400, A.L. 1991 S.B. 221) Effective 7-11-91