FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 146.040 — MO Code / Chapter 146 / Section 146.040
146.040 Taxable situs of intangible personal property — how determined when title ...
Status: in_force

146.040. Taxable situs of intangible personal property — how determined when title divided. — 1. Intangible personal property shall be deemed to have a taxable situs in this state for the purpose of being subject to a property tax for the year 1947 and each succeeding year, where, at any time during the calendar year preceding the year for which the property is subject to said tax, the legal title thereto is owned by a person domiciled in this state, or by a domestic corporation, or where said intangible property acquires a business situs in this state when the legal title thereto is owned by a person not domiciled in this state, or by a foreign corporation.

2. In all cases where both the persons holding or owning the legal title and the equitable title or beneficial interest in the same property are domiciled in this state, only the holder of the legal title shall be liable for such tax. In all cases where the legal title is not held in this state the person holding the equitable title or beneficial interest shall be liable for the tax. Intangible personal property the legal title to which is held or owned by a person domiciled in this state in the fiduciary capacity by virtue of conveyance or disposition of a nonresident person shall not be deemed to have a situs in this state solely because of the fiduciary title thereto.

(L. 1945 p. 1914 § 6)
Mo. Rev. Stat. § 408.557 — MO Code / Chapter 408 / Section 408.557
408.557 Notice required before deficiency action may be commenced.
Status: in_force

408.557. Notice required before deficiency action may be commenced. — When a lender sells or otherwise disposes of collateral in a transaction in which an action for a deficiency may be commenced against the borrower, prior to bringing any such action or upon written request of the borrower, the lender shall give the borrower the notice provided in section 400.9-614 for consumer goods transactions or section 400.9-613 for all other transactions that are not consumer goods transactions.

(L. 1979 S.B. 305, A.L. 2002 S.B. 895)
Mo. Rev. Stat. § 375.1215 — MO Code / Chapter 375 / Section 375.1215
375.1215 Subrogated claim, allowed when.
Status: in_force

375.1215. Subrogated claim, allowed when. — Whenever a creditor whose claim against an insurer is secured, in whole or in part, by the undertaking of another person, fails to prove and file that claim, the other person may do so in the creditor's name, and shall be subrogated to the rights of the creditor, whether the claim has been filed by the creditor or by the other person in the creditor's name, to the extent that he discharges the undertaking. In the absence of an agreement with the creditor to the contrary, the other person shall not be entitled to any distribution, however, until the amount paid to the creditor on the undertaking plus the distributions paid on the claim from the insurer's estate to the creditor equals the amount of the entire claim of the creditor. Any excess received by the creditor shall be held by him in trust for such other person. The term "other person", as used in this section, is not intended to apply to a guaranty association or foreign guaranty association.

(L. 1991 H.B. 385, et al. § 89)
Mo. Rev. Stat. § 138.230 — MO Code / Chapter 138 / Section 138.230
138.230 Compensation and expenses.
Status: in_force

138.230. Compensation and expenses. — Each commissioner shall annually receive thirty-eight thousand five hundred dollars plus any salary adjustment provided pursuant to section 105.005 as compensation for his services, and reasonable traveling and other expenses actually paid and necessary to the performance of the duties of his office.

(RSMo 1939 § 11020, A.L. 1945 p. 1805 § 3, L. 1951 p. 838 § 138.415, L. 1955 p. 833 § 2, A.L. 1959 H.B. 107, A.L. 1977 H.B. 77 merged with H.B. 841, A.L. 1984 S.B. 528) Prior revisions: 1929 § 9831; 1919 § 12840 Revisor's Note: Salary adjustment index is printed, as required by § 105.005, in Appendix E.
Mo. Rev. Stat. § 192.2445 — MO Code / Chapter 192 / Section 192.2445
192.2445 Procedure when abuse, neglect, or physical harm may be involved — remedies.
Status: in_force

192.2445. Procedure when abuse, neglect, or physical harm may be involved — remedies. — When the department receives a report that there has been abuse or neglect, or that there otherwise is a likelihood of serious physical harm to an eligible adult and that he or she is in need of protective services and the department is unable to conduct an investigation because access to the eligible adult is barred by any person, the director may petition the appropriate court for a warrant or other order to enter upon the described premises and investigate the report or to produce the information. The application for the warrant or order shall identify the eligible adult and the facts and circumstances which require the issuance of the warrant or order. The director may also seek an order to enjoin the person from barring access to an eligible adult or from interfering with the investigation. If the court finds that, based on the report and relevant circumstances and facts, probable cause exists showing that the eligible adult faces abuse or neglect, or otherwise faces a likelihood of serious physical harm and is in need of protective services and the director has been prevented by another person from investigating the report, the court may issue the warrant or enjoin the interference with the investigation or both.

(L. 1980 S.B. 576 § 5, A.L. 2003 S.B. 556 & 311, A.L. 2014 H.B. 1299 Revision § 192.1092 merged with S.B. 491 § 197.1018) Effective 8-28-14 (H.B. 1299 Revision); 1-01-17 (S.B. 491) Transferred 2014; formerly 660.270
Mo. Rev. Stat. § 105.491 — MO Code / Chapter 105 / Section 105.491
105.491 Executive director of commission — duties.
Status: in_force

105.491. Executive director of commission — duties. — 1. The executive director of the commission shall:

(1) Develop and publish forms and printed instructions for use in filing the statements described in section 105.485 ;

(2) Furnish the necessary forms and instructions to persons required pursuant to the provisions of sections 105.483 to 105.492 to file financial statements by distributing them to any other locations the executive director deems necessary to accomplish the purposes of sections 105.483 to 105.492 ;

(3) Maintain a filing system for financial statements filed with the executive director's office and preserve such statements for a period of not less than five years;

(4) Make any financial statement filed with the executive director available for public inspection and copying within a reasonable time after filing and permit copying of any financial statement at a reasonable expense to such person;

(5) Employ staff and retain such contract services, including legal services to represent the commission before any state agency or before the courts as the executive director deems necessary within the limits authorized by appropriation by the general assembly.

2. The executive director and each other filing officer shall keep a public record of all persons inspecting or copying financial statements.

(L. 1990 H.B. 1650 & 1565 § 5, A.L. 1991 S.B. 262, A.L. 1997 S.B. 16)
Mo. Rev. Stat. § 526.120 — MO Code / Chapter 526 / Section 526.120
526.120 Form and service of notice.
Status: in_force

526.120. Form and service of notice. — The notice shall state the time and place of applying for the injunction, and shall be proved by the return of an officer, the evidence of a witness or the acknowledgment of the adverse party, his agent or attorney, endorsed thereon.

(RSMo 1939 § 1668) Prior revisions: 1929 § 1504; 1919 § 1954; 1909 § 2519
Mo. Rev. Stat. § 374.194 — MO Code / Chapter 374 / Section 374.194
374.194 Health coverage providers to be subject to jurisdiction of department, ...
Status: in_force

374.194. Health coverage providers to be subject to jurisdiction of department, exceptions — examination to be performed, when — requirements of health coverage providers. — 1. Notwithstanding any other provision of law to the contrary, and except as provided in this section, any person or other entity which provides coverage in this state for medical, surgical, chiropractic, physical therapy, speech pathology, audiology, professional mental health, dental, hospital, or optometric expenses, whether such coverage is by direct payment, reimbursement, or otherwise, shall be presumed to be subject to the jurisdiction of the department of commerce and insurance, unless the person or other entity shows that while providing such services it is subject to the jurisdiction of another agency of this state, any subdivision thereof, or the federal government.

2. A person or entity may show that it is subject to the jurisdiction of another agency of this state, any subdivision thereof, or the federal government, by providing to the director of the department of commerce and insurance the appropriate certificate, license or other document issued by the other governmental agency which permits or qualifies it to provide those services.

3. Any person or entity which is unable to show under subsection 2 of this section that it is subject to the jurisdiction of another agency of this state, any subdivision thereof, or the federal government, shall submit to an examination by the director of the department of commerce and insurance to determine the organization and solvency of the person or the entity, and to determine whether or not such person or entity complies with the applicable provisions of chapters 374 to 385 .

4. Any person or entity unable to show that it is subject to the jurisdiction of another agency of this state, any subdivision thereof, or the federal government, shall be subject to all appropriate provisions of chapters 374 to 385 regarding the conduct of its business.

5. Any production agency or administrator which advertises, sells, transacts or administers the coverage of this state described in subsection 1 of this section and which is required to submit to an examination by the director of the department of commerce and insurance under subsection 3 of this section, if such coverage is not fully insured or otherwise fully covered by an admitted life of disability insurer, nonprofit health services plan, or nonprofit health care plan shall advise every purchaser, prospective purchaser, and covered person of such lack of insurance or other coverage. Any administrator which advertises or administers the coverage in this state described in subsection 1 of this section and which is required to submit to an examination by the director of the department of commerce and insurance under subsection 3 of this section shall advise any production agency of the elements of the coverage, including the amount of stop-loss insurance in effect.

(L. 1991 H.B. 385, et al. § 113)
Mo. Rev. Stat. § 521.120 — MO Code / Chapter 521 / Section 521.120
521.120 Suit on bond, setoff pleaded by obligor — costs, how adjudged.
Status: in_force

521.120. Suit on bond, setoff pleaded by obligor — costs, how adjudged. — In any suit on such bond, any obligor may avail himself of any setoff or counterclaim he may have against the party to whose use the suit is brought, with the same effect as if such party were the plaintiff; and if such setoff or counterclaim shall exceed in amount the damages proved in behalf of such party, judgment shall be rendered against him in favor of the defendant setting up the setoff or counterclaim for the amount of the excess and all proper costs.

(RSMo 1939 § 1449) Prior revisions: 1929 § 1285; 1919 § 1736; 1909 § 2305
Mo. Rev. Stat. § 34.046 — MO Code / Chapter 34 / Section 34.046
34.046 Contract directly with other governmental entities for purchase of supplies.
Status: in_force

34.046. Contract directly with other governmental entities for purchase of supplies. — The commissioner of administration may contract directly with other governmental entities for the purchase of supplies. The commissioner of administration may also participate in, sponsor, conduct or administer a cooperative purchasing agreement whereby supplies are procured in accordance with a contract established by another governmental entity provided that such contract was established in accordance with the laws and regulations applicable to the establishing governmental entity.

(L. 1995 H.B. 562)
Mo. Rev. Stat. § 386.580 — MO Code / Chapter 386 / Section 386.580
386.580 Employee of public utility guilty of misdemeanor, when.
Status: in_force

386.580. Employee of public utility guilty of misdemeanor, when. — Every officer, agent or employee of any corporation or public utility, who violates or fails to comply with, or who procures, aids or abets any violation by any corporation, person or public utility of any provision of the constitution of this state or of this or any other law, or who fails to obey, observe or comply with any order, decision, decree, rule, direction, demand or requirement, or any part or provision thereof, of the commission, or who procures, aids or abets any corporation, person or public utility in their or its failure to obey, observe and comply with any such order, decision, decree, rule, direction, demand or requirement, or any part or provision thereof, in a case in which a penalty has not herein been provided for such officer, agent or employee, is guilty of a misdemeanor and is punishable by a fine not exceeding one thousand dollars, or by imprisonment in a county jail not exceeding one year, or by both such fine and imprisonment.

(RSMo 1939 § 5711) Prior revisions: 1929 § 5255; 1919 § 10542
Mo. Rev. Stat. § 226.340 — MO Code / Chapter 226 / Section 226.340
226.340 Area to be provided for parkway purposes.
Status: in_force

226.340. Area to be provided for parkway purposes. — An average area of not less than one hundred acres per mile in fee simple, plus scenic, landscape, sightly or safety easement control up to a total average of fifty acres per mile, shall be provided for the gross length of the parkway in this state for parkway purposes. At no point shall the width of such parkway area through state or private lands be less than two hundred feet, except as the secretary may determine in particular cases. If the total acreage acquired by this state and its political subdivisions or other parties and transferred to the United States for parkway purposes is less than the above stated minimum per mile, then other public areas adjacent to or near the parkway having scenic, recreational, conservation, floodway or historic value, shall be owned, acquired, or administered satisfactorily to the secretary or leased thereto sufficient to bring the total acreage up to the minimum. The area boundaries need not be mechanically determined or measured by a uniform distance from the center line of the parkway. The variation of the width shall be dependent upon the topographical and other natural conditions, requirements of design, easements, and time and cost of acquisition. Owing to proximity in numerous locations of vertical picturesque bluffs close to the Mississippi River at high water stages and the narrow range of location of existing railway facilities, the parkway road may be constructed over or under such precipitous cliffs and caverns and around and across river bends and through back country as will best diversify the rugged, wooded and open pastoral scenery and water vistas, and also tend toward economical cost of land acquisition and parkway road construction and maintenance. The state may include in its fee simple parkway right-of-way requirement, such nearby areas of the Mississippi River within its boundaries, other than the navigable channel thereof at normal river stage, provided the nearest edge of such supplementary water, island, flowway or floodway areas shall be within five hundred feet of the center line of the parkway road and shall not exceed a width of one thousand feet.

(RSMo 1939 § 8799)
Mo. Rev. Stat. § 444.960 — MO Code / Chapter 444 / Section 444.960
444.960 Fund, coal mine land reclamation, established, purpose, duties.
Status: in_force

444.960. Fund, coal mine land reclamation, established, purpose, duties. — 1. A "Coal Mine Land Reclamation Fund" is hereby established in the state treasury. Assessments paid pursuant to the provisions of section 444.965 shall be placed in this fund. If a permittee has filed a phase I reclamation bond pursuant to section 444.950 , and then fails to complete the reclamation plan for any land for which he has received a permit, moneys within the fund shall be used by the commission to complete the reclamation after the proceeds from any applicable performance bond for such reclamation have been exhausted. Any penalty levied by the commission under section 444.970 shall be paid into the fund.

2. Any portion of the fund not immediately needed to pay for reclamation work shall be deposited by the state treasurer in interest-bearing accounts in the same manner as other state funds are so deposited, and the interest earned thereon shall be credited to the fund.

3. The fund shall be allowed to accumulate until it reaches the greater of seven million dollars or two thousand five hundred dollars times the number of acres within the state that have been mined but which have not been released by the commission as having been reclaimed. Moneys which accumulate above this ceiling shall be distributed to the contributing companies on an equitable basis as determined by the commission.

4. Notwithstanding other provisions of law, the fund shall not lapse at the end of any fiscal year, but shall be held separate and apart from other state funds and shall be used solely for the purposes authorized by the provisions of this section.

5. All moneys assessed for the coal mine land reclamation fund after September 1, 1988, shall be allocated such that forty percent of such assessments shall be applied to the reclamation of those permits that have been revoked by the commission prior to September 1, 1988, and sixty percent of such assessments shall be applied to the reclamation of those permits that have been revoked by the commission after September 1, 1988. All moneys within the coal mine land reclamation fund as of September 1, 1988, shall be allocated to the forty percent portion of the fund. After enough moneys have accumulated in the forty percent pool to complete reclamation of those permits that have been revoked by the commission prior to September 1, 1988, all moneys assessed to the coal mine land reclamation fund shall be allocated to the sixty percent fund. The moneys within the respective funds may be utilized by the commission on any aspect of reclamation.

(L. 1982 S.B. 737, A.L. 1986 S.B. 778, A.L. 1988 H.B. 1836, A.L. 1993 H.B. 312 & 257)
Mo. Rev. Stat. § 234.240 — MO Code / Chapter 234 / Section 234.240
234.240 Acquisition of land, by whom.
Status: in_force

234.240. Acquisition of land, by whom. — The public agencies named in section 234.210 may acquire by purchase or by eminent domain all necessary land, rights-of-way, easements, materials and supplies for the purpose of acquiring, constructing, owning and operating, improving or extending, and maintaining toll bridges, and approaches thereto.

(RSMo 1939 § 8550)
Mo. Rev. Stat. § 330.040 — MO Code / Chapter 330 / Section 330.040
330.040 Contents of examination — grading.
Status: in_force

330.040. Contents of examination — grading. — Examinations shall be in the English language, and shall be written, oral, or clinical, or a combination of two or more of the said methods as the board shall determine and provide by rule. The examination shall and will consist of the examination offered by the National Board of Podiatric Medical Examiners, as well as an examination of applicable Missouri statutes and regulations which shall be promulgated or approved by the board. The examination shall embrace the subjects of anatomy, physiology, chemistry, bacteriology, surgery, histology, pathology, diagnosis and treatment, materia medica and therapeutics as these subjects relate to antiseptics and anesthetics, and clinical podiatric medicine, but said examinations shall be so limited in their scope as to cover only the minimum requirements for podiatric medical education as herein provided, and shall not be construed to require of the applicant a medical or surgical education other than deemed necessary for the practice of podiatric medicine. The board shall by rule and regulation prescribe the standard for successful completion of the examination.

(RSMo 1939 § 9799, A.L. 1981 S.B. 16, A.L. 2005 H.B. 402 merged with S.B. 178) Prior revisions: 1929 § 9078; 1919 § 5834
Mo. Rev. Stat. § 374.800 — MO Code / Chapter 374 / Section 374.800
374.800 Contracts by the department in excess of $100,000 to be reviewed and ...
Status: in_force

374.800. Contracts by the department in excess of $100,000 to be reviewed and approved by the attorney general. — 1. Notwithstanding any other provision of law, when the department of commerce and insurance intends to enter into any contract or other written agreement or approve any letter of intent for payment of money by the state in excess of one hundred thousand dollars, modification or potential reduction of a party's financial obligation to the state in excess of one hundred thousand dollars, the department of commerce and insurance shall forward a copy to the attorney general before entering into that contract, subcontract or other written agreement or approving the letter of intent.

2. Upon receiving the contract, other written agreement or letter of intent, the attorney general shall, within ten days, review and approve that contract, other written contract or letter of intent for its legal form and content as may be necessary to protect the legal interest of the state. If the attorney general does not approve, then the attorney general shall return the contract, other written agreement or letter of intent with additional proposed provisions as may be necessary to the proper enforcement of the contract as required to protect the state's legal interest. If the attorney general does not respond within ten days or, in the case of any contract that involves a payment of money by the state or a modification or potential reduction of a party's financial obligation to the state of one million dollars or more, within thirty days, the contract shall be deemed approved.

3. Communications related to the attorney general's review are attorney-client communications. The attorney general's written disposition shall be subject to chapter 610 .

(L. 2001 H.B. 762 § 1)