FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 630.778 — MO Code / Chapter 630 / Section 630.778
630.778 Receiver may disregard certain contracts — factors to be considered — court ...
Status: in_force

630.778. Receiver may disregard certain contracts — factors to be considered — court may order temporary noncompliance. — 1. A receiver may not be required to honor any lease, mortgage, secured transaction or other wholly or partially executory contract entered into on behalf of the facility if the agreement is unconscionable. Factors which shall be considered in determining the unconscionability include, but are not limited to, the following:

(1) The person seeking payment under the agreement was an affiliate of the individual contracting on behalf of the facility at the time the agreement was made;

(2) The rental, price, or rate of interest required to be paid under the agreement was substantially in excess of a reasonable rental, price or rate of interest at the time the agreement was entered into.

2. If the receiver is in possession of real estate or goods subject to a lease, mortgage or security interest which the receiver is permitted to avoid under subsection 1 of this section, and if the real estate or goods are necessary for the continued operation of the facility, the receiver may apply to the court to set a reasonable rental, price or rate of interest to be paid by the receiver during the duration of the receivership. The court shall hold a hearing on the application within fifteen days. The receiver shall send notice of the application to any known owners of the property involved at least ten working days prior to the hearing. Payment by the receiver of the amount determined by the court to be reasonable is a defense to any action against the receiver for payment or for possession of person who received such notice, but the payment does not relieve the licensee or head of the facility of any liability for the difference between the amount paid by the receiver and the amount due under the original lease or mortgage involved.

(L. 1980 H.B. 1724)
Mo. Rev. Stat. § 379.210 — MO Code / Chapter 379 / Section 379.210
379.210 Articles of incorporation shall specify what.
Status: in_force

379.210. Articles of incorporation shall specify what. — Any persons proposing to form any such company shall subscribe and acknowledge articles of incorporation specifying:

(1) The name, the purpose for which formed, and the location of its principal or home office, which shall be within this state;

(2) The names and addresses of those composing the board of directors in which the management shall be vested until the first meeting of the members;

(3) The names and places of residence of the incorporators.

(RSMo 1939 § 5951) Prior revisions: 1929 § 5840; 1919 § 6250
Mo. Rev. Stat. § 67.4500 — MO Code / Chapter 67 / Section 67.4500
67.4500 Definitions.
Status: in_force

67.4500. Definitions. — As used in sections 67.4500 to 67.4520 , the following terms shall mean:

(1) "Authority" , any county drinking water supply lake authority created by sections 67.4500 to 67.4520 ;

(2) "Conservation storage level" , the target elevation established for a drinking water supply lake at the time of design and construction of such lake;

(3) "Costs" , the sum total of all reasonable or necessary expenses incidental to the acquisition, construction, expansion, repair, alteration, and improvement of the project, including without limitation the following: the expense of studies and surveys; the cost of all lands, properties, rights, easements, and franchises acquired; land title and mortgage guaranty policies; architectural and engineering services; legal, organizational marketing, or other special services; provisions for working capital; reserves for principal and interest; and all other necessary and incidental expenses, including interest during construction on bonds issued to finance the project and for a period subsequent to the estimated date of completion of the project;

(4) "Project" , recreation and tourist facilities and services, including, but not limited to, lakes, parks, recreation centers, restaurants, hunting and fishing reserves, historic sites and attractions, and any other facilities that the authority may desire to undertake, including the related infrastructure buildings and the usual and convenient facilities appertaining to any undertakings, and any extensions or improvements of any facilities, and the acquisition of any property necessary therefor, all as may be related to the development of a water supply source, recreational and tourist accommodations, and facilities;

(5) "Water commission" , a water commission owning a reservoir formed pursuant to sections 393.700 to 393.770 ;

(6) "Watershed" , the area that contributes or may contribute to the surface water of any lake as determined by the authority.

(L. 2011 H.B. 89) Effective 7-11-11 CROSS REFERENCE: Nonseverability clause, 640.099
Mo. Rev. Stat. § 407.938 — MO Code / Chapter 407 / Section 407.938
407.938 Contract, form of — notice required, contents — contract to be accompanied ...
Status: in_force

407.938. Contract, form of — notice required, contents — contract to be accompanied by notice of cancellation, contents. — 1. Every contract shall be in writing and shall fully disclose the exact nature of the foreclosure consultant's services and the total amount and terms of compensation.

2. The following notice, printed in at least fourteen-point boldface type and completed with the name of the foreclosure consultant, shall be printed immediately above the statement required by subsection 3 of this section:

3. The contract shall be written in the same language as principally used by the foreclosure consultant to describe his services or to negotiate the contract, shall be dated and signed by the owner, and shall contain in immediate proximity to the space reserved for the owner's signature a conspicuous statement in a size equal to at least ten-point bold type, as follows:

You, the owner, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right.

4. The contract shall contain on the first page, in a type size no smaller than that generally used in the body of the document, each of the following:

(1) The name and address of the foreclosure consultant to which the notice or cancellation is to be mailed;

(2) The date the owner signed the contract.

5. The contract shall be accompanied by a completed form in duplicate, captioned "notice of cancellation", which shall be attached to the contract, shall be easily detachable, and shall contain in type of at least ten-point the following statement written in the same language as used in the contract:

6. The foreclosure consultant shall provide the owner with a copy of the contract and the attached notice of cancellation.

(L. 1992 S.B. 705 § 4)
Mo. Rev. Stat. § 226.720 — MO Code / Chapter 226 / Section 226.720
226.720 Unscreened junkyards near state and county roads prohibited — penalty.
Status: in_force

226.720. Unscreened junkyards near state and county roads prohibited — penalty. — 1. No junkyard shall be established, maintained or operated within two hundred feet of any other state or county road in this state unless such junkyard is fully screened from the state or county road by a permanent tight board or other screen fence not less than ten feet high, or of sufficient height to fully screen the wrecked or disabled automobiles or junk kept therein from the view of persons using the state or county road on foot or in vehicles in the ordinary manner, except that nothing in this section shall apply to any junkyard located in any incorporated town, village or city. The provisions of sections 226.650 through 226.710 shall not apply to this section except the definitions appearing in section 226.660 .

2. Any person, firm or corporation who establishes, conducts, owns, maintains or operates a junkyard without complying with the provisions of this section shall, upon their first conviction, be guilty of a class C misdemeanor and shall be ordered to either remove the junk from the property or build a fence as described in this section. Any person, firm, or corporation who establishes, conducts, owns, maintains, or operates a junkyard without complying with the provisions of this section shall, upon their second or subsequent violation, be guilty of a class A misdemeanor and shall be ordered to either remove the junk from the property or build a fence as described in this section.

(L. 1965 2d Ex. Sess. p. 905 §§ 8, 9, A.L. 2011 S.B. 187)
Mo. Rev. Stat. § 191.615 — MO Code / Chapter 191 / Section 191.615
191.615 Application for federal funds — insufficient funds, effect.
Status: in_force

191.615. Application for federal funds — insufficient funds, effect. — 1. The department shall submit a grant application to the Secretary of the United States Department of Health and Human Services as prescribed by the secretary to obtain federal funds to finance the Missouri state loan repayment program.

2. Sections 191.600 to 191.615 shall not be construed to require the department to enter into contracts with individuals who qualify for the Missouri state loan repayment program when federal and state funds are not available for such purpose.

(L. 1988 H.B. 1380 § 8, A.L. 2001 H.B. 567 merged with S.B. 393, A.L. 2025 H.B. 419 merged with S.B. 150)
Mo. Rev. Stat. § 350.030 — MO Code / Chapter 350 / Section 350.030
350.030 Attorney general to enforce — venue — divestment of lands, failure, effect of.
Status: in_force

350.030. Attorney general to enforce — venue — divestment of lands, failure, effect of. — If the attorney general finds a corporation is violating sections 350.010 to 350.030 , he shall institute an action in the circuit court of Cole County, Missouri, if a foreign corporation, and if a Missouri corporation in the circuit court of any county in which the corporation owns any agricultural lands or if the land is located in two or more counties, then in the circuit court of a county in which a part of the land is located. The attorney general shall file a notice of the pendency of the action with the recorder of deeds of each county in which any portion of said lands are located. If the court finds that the lands in question are being held or used in violation of sections 350.010 to 350.030 , it shall enter an order so declaring. The court shall file for record its order with the recorder of deeds of each county in which any portion of said lands are located. Thereafter, the corporation owning the land shall comply with the orders of the court, or if so ordered shall have a period of two years from the date of such order to divest itself of such land. The two-year limitation period shall be a covenant running with the title to the land against any corporate grantee or corporate assignee or the successor corporation of such corporation, except those corporations excluded by section 350.015 . Any lands not divested within the time prescribed shall be ordered sold by the court at public sale in the manner prescribed by law for the foreclosure of a mortgage on real estate for default in payment.

(L. 1975 H.B. 655 § 4)
Mo. Rev. Stat. § 58.780 — MO Code / Chapter 58 / Section 58.780
58.780 Cooperation with procurement organization required — postmortem examination ...
Status: in_force

58.780. Cooperation with procurement organization required — postmortem examination requirements — removal of body parts permitted, when. — 1. A coroner or medical examiner shall cooperate with a procurement organization to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education.

2. If a coroner or medical examiner receives notice from a procurement organization that an anatomical gift might be available or was made with respect to a decedent whose body is under the jurisdiction of the coroner or medical examiner and a postmortem examination is going to be performed, unless the coroner or medical examiner denies recovery in accordance with section 58.785 , the coroner or medical examiner or designee shall conduct a postmortem examination of the body or the part in a manner and within a time period compatible with its preservation for the purposes of the gift.

3. A part may not be removed from the body of a decedent under the jurisdiction of a coroner or medical examiner for transplantation, therapy, research, or education unless the part is the subject of an anatomical gift. The body of a decedent under the jurisdiction of the coroner or medical examiner may not be delivered to a person for research or education unless the body is the subject of an anatomical gift. This subsection does not preclude a coroner or medical examiner from performing the medicolegal investigation upon the body or parts of a decedent under the jurisdiction of the coroner or medical examiner.

(L. 2008 S.B. 1139)
Mo. Rev. Stat. § 197.478 — MO Code / Chapter 197 / Section 197.478
197.478 Home health agency information to be provided on department internet website.
Status: in_force

197.478. Home health agency information to be provided on department internet website. — 1. The department of health and senior services shall provide through their internet website:

(1) The most recent survey of all home health agencies and any such findings of deficiencies and the effect the deficiency would have on such agencies. If such survey is in dispute, the survey shall not be posted on the website until the agency's dispute has been resolved and the department shall, upon request of the home health agency, post the agency's response;

(2) The home health agency's proposed plan of correction;

(3) A link to the federal website that provides a summary of home health agency surveys conducted over the last three years; and

(4) Information on how to obtain a copy of a complete home health agency survey conducted over the last three years.

2. Nothing in this section shall be construed as requiring the department to post any information on its internet website that is prohibited from disclosure pursuant to the federal Health Insurance Portability and Accountability Act, as amended.

(L. 2003 S.B. 556 & 311)
Mo. Rev. Stat. § 311.400 — MO Code / Chapter 311 / Section 311.400
311.400 Unclaimed shipments of liquor may be sold.
Status: in_force

311.400. Unclaimed shipments of liquor may be sold. — Any railroad or express company doing business in this state shall have the right to sell unclaimed or refused shipments of intoxicating liquor in the same manner that such railroad or express company is or may be hereafter authorized to sell other unclaimed or refused property under the laws of this state, and no license or permit shall be required of such railroad or express company for such sale of such unclaimed or refused intoxicating liquor.

(RSMo 1939 § 4919)
Mo. Rev. Stat. § 369.161 — MO Code / Chapter 369 / Section 369.161
369.161 Savings and loan association or savings bank may act as custodian, when.
Status: in_force

369.161. Savings and loan association or savings bank may act as custodian, when. — In addition to any other banking authority, a savings and loan association or savings bank may act as a custodian for any entity, public or private, and place funds in any other financial institutions, provided such funds are placed in deposits and insured by the Federal Deposit Insurance Corporation.

(L. 2004 S.B. 1093)
Mo. Rev. Stat. § 204.322 — MO Code / Chapter 204 / Section 204.322
204.322 Board of trustees, rules and regulations.
Status: in_force

204.322. Board of trustees, rules and regulations. — The board of trustees of a district, other than a district described in section 204.320 , may pass all necessary rules and regulations for the proper management and conduct of the business of the board of trustees, and the district, and for carrying into effect the objects for which the district is formed.

(L. 1992 H.B. 1307) Effective 4-7-92
Mo. Rev. Stat. § 571.060 — MO Code / Chapter 571 / Section 571.060
571.060 Unlawful transfer of weapons, penalty.
Status: in_force

571.060. Unlawful transfer of weapons, penalty. — 1. A person commits the offense of unlawful transfer of weapons if he:

(1) Knowingly sells, leases, loans, gives away or delivers a firearm or ammunition for a firearm to any person who, under the provisions of section 571.070 , is not lawfully entitled to possess such;

(2) Knowingly sells, leases, loans, gives away or delivers a blackjack to a person less than eighteen years old without the consent of the child's custodial parent or guardian, or recklessly, as defined in section 562.016 , sells, leases, loans, gives away or delivers any firearm to a person less than eighteen years old without the consent of the child's custodial parent or guardian; provided, that this does not prohibit the delivery of such weapons to any peace officer or member of the Armed Forces or National Guard while performing his official duty; or

(3) Recklessly, as defined in section 562.016 , sells, leases, loans, gives away or delivers a firearm or ammunition for a firearm to a person who is intoxicated.

2. Unlawful transfer of weapons under subdivision (1) of subsection 1 of this section is a class E felony; unlawful transfer of weapons under subdivisions (2) and (3) of subsection 1 of this section is a class A misdemeanor.

(L. 1981 H.B. 296, A.L. 2016 H.B. 2332) Effective 1-01-17
Mo. Rev. Stat. § 417.427 — MO Code / Chapter 417 / Section 417.427
417.427 Confidentiality of all disclosures by customer, exceptions — waiver by ...
Status: in_force

417.427. Confidentiality of all disclosures by customer, exceptions — waiver by customer must be in writing after receiving disclosure. — 1. An invention developer shall maintain as confidential and not use for his own benefit or for the benefit of others all disclosures made to him by a customer seeking invention development services, whether or not the customer actually retains the invention developer's services. This duty of confidentiality applies to all such information except:

(1) Information which at the time of disclosure is in the public domain;

(2) Information which, after disclosure, becomes part of the public domain by publication or otherwise, independently of any act or omission by the invention developer;

(3) Information which the invention developer can establish by competent proof was in his possession at the time of disclosure by the customer, and was not acquired, directly or indirectly, from the customer; or

(4) Information received by the invention developer from a third party without restriction on disclosure or use; provided that such information was not obtained by said third party with restriction on disclosure or use, directly or indirectly, from the customer.

2. This duty of confidentiality shall include the taking of reasonable steps by the invention developer to prevent disclosure of confidential information to third parties. This confidential relationship cannot be waived by a customer except by an express written waiver by the customer of the invention developer's obligation of confidentiality, and no waiver shall be entered into until after the disclosures set forth in section 417.403 have been made to the customer.

(L. 1995 S.B. 80 & 88)
Mo. Rev. Stat. § 454.1614 — MO Code / Chapter 454 / Section 454.1614
454.1614 Employer's compliance with income withholding order of another state.
Status: in_force

454.1620. Immunity from civil liability. — (a) Upon receipt of an income withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor.

(b) The employer shall treat an income withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of this state.

(c) Except as otherwise provided in subsection (d) of this section and section 454.1617 , the employer shall withhold and distribute the funds as directed in the withholding order by complying with terms of the order which specify:

(1) the duration and amount of periodic payments of current child support, stated as a sum certain;

(2) the person designated to receive payments and the address to which the payments are to be forwarded;

(3) medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor's employment;

(4) the amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee's attorney, stated as sums certain; and

(5) the amount of periodic payments of arrearages and interest on arrearages, stated as sums certain.

(d) An employer shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to:

(1) the employer's fee for processing an income withholding order;

(2) the maximum amount permitted to be withheld from the obligor's income; and

(3) the times within which the employer must implement the withholding order and forward the child support payment.

(L. 2011 H.B. 260) Effective 6-15-16, see § 454.1728
Mo. Rev. Stat. § 478.462 — MO Code / Chapter 478 / Section 478.462
478.462 Circuit No. 16, filing in improper division of circuit, venue — transfer of ...
Status: in_force

478.462. Circuit No. 16, filing in improper division of circuit, venue — transfer of cases, when. — The provisions of section 478.461 , section 506.110 , or any other law to the contrary notwithstanding, any action or court proceeding may be instituted in the sixteenth judicial circuit by filing the necessary papers and subsequent papers in the office of the court administrator in either Independence or Kansas City, and such filing shall not be subject to dismissal for improper venue or jurisdiction solely upon the grounds that the cause was filed in the improper portion of the circuit. The judge before whom the cause is pending shall, upon challenge of improper venue or of improper jurisdiction pursuant to section 478.461 , or both, transfer the cause to a division within the proper portion of the circuit and such transfer shall not affect the rights of any party to the cause. If no challenge to venue or jurisdiction alleging a filing in the wrong portion of the circuit is made, such allegation of improper venue or jurisdiction, or both, in the cause is waived and the court shall hear the cause without further consideration of venue or jurisdiction based on filing in the wrong portion of the circuit.

(L. 1988 S.B. 522 § 1)
Mo. Rev. Stat. § 236.450 — MO Code / Chapter 236 / Section 236.450
236.450 Removal or repair of abandoned dam — recovery of expenses.
Status: in_force

236.450. Removal or repair of abandoned dam — recovery of expenses. — An existing dam or reservoir which the chief engineer determines to be abandoned and considered to be a threat to public safety, life, or property may be altered, repaired, or removed upon such determination at the expense of the state of Missouri, and the chief engineer may request either the attorney general or a prosecuting attorney to bring an action in the name of the people of the state of Missouri to recover such expenses from the owner through appropriate legal processes. Such action may be brought in any county where the defendant or defendant's principal place of business is located or where the dam or reservoir is located.

(L. 1979 H.B. 603 § 11)