FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 475.260 — MO Code / Chapter 475 / Section 475.260
475.260 Actions against protectee, process, enforcement of judgments.
Status: in_force

475.260. Actions against protectee, process, enforcement of judgments. — 1. When there is a conservator of the estate, all actions between the protectee or the conservator and third persons in which it is sought to charge or benefit the estate of the protectee shall be prosecuted by or against the conservator of the estate as such. He shall represent the interests of the protectee in the action and all process shall be served on him.

2. When the conservator of the estate is under personal liability for his own contracts and acts made and performed on behalf of the estate he may be sued both as conservator and in his personal capacity in the same action. Misnomer or the bringing of an action by or against the protectee shall not be ground for dismissal of the action and leave to amend or substitute shall be freely granted. If an action was commenced by or against the protectee before the appointment of a conservator of his estate, such conservator when appointed may be substituted as a party for the protectee. If the appointment of the conservator of the estate is terminated, his successor may be substituted; if the protectee dies, his personal representative may be substituted; if he becomes of age or his disability ceases, he may be substituted.

3. When there is a conservator of the estate, the property and rights of action of the protectee shall not be subject to garnishment or attachment, and execution shall not issue to obtain satisfaction of any judgment against the protectee or the conservator of his estate as such, but judgments against the estate of the protectee shall be enforced in the manner provided for the enforcement of judgments against the estates of decedents.

(L. 1955 p. 385 § 333, A.L. 1983 S.B. 44 & 45)
Mo. Rev. Stat. § 8.540 — MO Code / Chapter 8 / Section 8.540
8.540 Issuance of bonds authorized, when.
Status: in_force

*8.540. Issuance of bonds authorized, when. — Subject to the receipt of written approval of the board of public buildings, the authority may issue taxable bonds or tax-exempt bonds to provide for the implementation of sections 8.500 to 8.565 and may proceed with a securitization to maximize the transference of benefits and risks associated with the master settlement agreement.

(L. 2002 S.B. 1191) Effective 6-07-02 *Section terminates upon satisfaction of all outstanding notes and obligations. See section 8.589.
Mo. Rev. Stat. § 436.412 — MO Code / Chapter 436 / Section 436.412
436.412 Violations, disciplinary actions authorized — governing law for contracts.
Status: in_force

436.412. Violations, disciplinary actions authorized — governing law for contracts. — Each preneed contract made before August 28, 2009, and all payments and disbursements under such contract shall continue to be governed by this chapter as the chapter existed at the time the contract was made. Any licensee or registrant of the board may be disciplined for violation of any provision of sections 436.005 to 436.071 * within the applicable statute of limitations. Joint accounts in existence as of August 27, 2009, shall continue to be governed by the provisions of section 436.053 , as that section existed on August 27, 2009.

(L. 2009 S.B. 1, A.L. 2011 H.B. 265 merged with S.B. 325) *Sections 436.005 to 436.071 were repealed by S.B. 1, 2009.
Mo. Rev. Stat. § 359.201 — MO Code / Chapter 359 / Section 359.201
359.201 Liability of limited partners to third parties.
Status: in_force

359.201. Liability of limited partners to third parties. — A limited partner is not liable for the obligations of a limited partnership by reason of being a limited partner and does not become so by participating in the management or control of the business.

(L. 1985 H.B. 512 & 650, A.L. 1990 H.B. 1432, A.L. 1997 H.B. 655 merged with S.B. 170) Effective 6-24-97 (H.B. 655); 5-20-97 (S.B. 170)
Mo. Rev. Stat. § 304.079 — MO Code / Chapter 304 / Section 304.079
304.079 Use of designated disabled parking spaces, when.
Status: in_force

304.079. Use of designated disabled parking spaces, when. — 1. Designated disabled parking spaces may only be used when a disabled person, who has been issued disabled license plates or windshield hanging placards pursuant to the provisions of section 301.142 or by those states with which the director has entered into reciprocity agreements as provided in section 301.142 , is then, or immediately preceding being parked, was an occupant of the motor vehicle bearing the disabled license plate or windshield hanging placard or in cases where the motor vehicle bearing the disabled license plate or windshield hanging placard is then being used to deliver or collect one or more of the disabled persons for whom the disabled license plate or windshield hanging placard was issued.

2. The driver, or any occupant, of a motor vehicle bearing disabled license plates or a windshield hanging placard which is parked or has been observed to have been parking in a duly designated disabled parking space shall, upon request from any law enforcement officer or other duly constituted peace officer upon identification as such, produce the disabled registration certificate issued to the disabled person or entity as provided for in section 301.142 or such other authorization to show that the driver or any occupant of the vehicle is lawfully entitled to use a designated disabled parking space. The driver or any occupant of the motor vehicle shall, in addition to the certificate, produce other identification with a photograph of the disabled person for whom the disabled plates or windshield hanging placard was issued.

3. If the driver, or an occupant, of a motor vehicle which is parked or has been observed to have parked in a designated disabled parking space is unable to, or cannot, produce the certificate as provided for in section 301.142 or other proper authorization showing that the vehicle is being used, or has been lawfully parking in a disabled parking space, the operator is guilty of a class A misdemeanor. However, no person shall be found guilty of violating this section if the operator produces such a certificate to the court that was valid at the time of the citation for a person who was using the vehicle.

4. The windshield hanging placard shall only be used when the vehicle is parked in a disabled parking space. It shall be unlawful for any person to operate or drive a motor vehicle with a windshield hanging placard hanging from the inside rearview mirror.

(L. 2004 S.B. 1233, et al. § 304.601) Effective 1-01-05
Mo. Rev. Stat. § 545.310 — MO Code / Chapter 545 / Section 545.310
545.310 Issuance of warrant — recognizance after arrest.
Status: in_force

545.310. Issuance of warrant — recognizance after arrest. — Upon the filing of the information, a warrant shall issue for the apprehension of the person charged with the offense, unless he be in custody or voluntarily surrender himself in custody of the court; and if such warrant be issued in term, it shall be made returnable forthwith; but if issued in vacation, it shall be made returnable at the next term thereafter; and if defendant be arrested during the term he shall be brought into court, but if he be arrested in vacation of the court, the officer making the arrest shall admit him to bail in a recognizance in any sum not less than one hundred dollars nor more than five hundred dollars, with good and sufficient sureties, to be approved by such officer, conditioned for the personal appearance of the defendant in the court in which the case is pending on the first day of the next term thereof, and not depart without leave, which recognizance shall be returned with the warrant and filed in the court; and in default of the prisoner to give such recognizance, he shall be committed to the jail of the county by the officer until the next term of court, or until he gives such recognizance, and if default be made in such recognizance, the same shall be adjudged forfeited, and shall be proceeded on as other recognizances in criminal cases.

(RSMo 1939 § 3901) Prior revisions: 1929 § 3511; 1919 § 3856; 1909 § 5064
Mo. Rev. Stat. § 59.400 — MO Code / Chapter 59 / Section 59.400
59.400 Manner of recording.
Status: in_force

59.400. Manner of recording. — The recorder shall record, without delay, every deed, mortgage, conveyance, deed of trust, bond, commission or other writing delivered to him for record, with the acknowledgment, proofs and certificates written on or under the same, with the plats, surveys, schedules and other papers therein referred to, and thereto annexed, in the order of time when the same shall have been delivered for record, by writing them word for word, in a fair hand, noting all interlineations and erasures and words visibly written on erasures, and noting the day and time of the day, month and year, when the instrument so recorded was delivered to him, or brought to his office for record; and the same shall be considered as recorded from the time it was so delivered.

(RSMo 1939 § 13165, A.L. 1994 H.B. 1528) Prior revisions: 1929 § 11547; 1919 § 10572; 1909 § 10385
Mo. Rev. Stat. § 32.065 — MO Code / Chapter 32 / Section 32.065
32.065 Interest rates for certain taxes, director to set, when, how — failure of ...
Status: in_force

32.065. Interest rates for certain taxes, director to set, when, how — failure of director to set rates, rates to be used. — 1. The annual rate established under this section shall be such adjusted rate as is established by the director of revenue under subsection 2 of this section.

2. The director shall establish an adjusted rate of interest for the purpose of subsection 1 not later than October twenty-second of any year if the adjusted prime rate charged by banks during September of that year, rounded to the nearest full percent, is at least a full percentage point more or less than the interest rate which is then in effect. Any such adjusted rate of interest shall be equal to the adjusted prime rate charged by banks, rounded to the nearest full percent, and shall become effective on January first of the immediately succeeding year.

3. For purposes of subsection 2, the term "adjusted prime rate charged by banks" means the average predominant prime rate quoted by commercial banks to large businesses, as determined by the Board of Governors of the Federal Reserve System.

4. The annual rate provided in subsection 1 of this section shall apply not later than January 1, 1984, to amounts outstanding on that date or arising thereafter; provided, however, prior to January 1, 1984, the director of revenue may, by rule, implement and apply in lieu of any of the interest rates for any specific tax or taxes provided for in the following sentence, the annual rate provided in subsection 1 for amounts outstanding on the effective date of the implementing rule. If the director of revenue does not implement the use of the annual rate provided in subsection 1 prior to January 1, 1984, for any particular tax, sections 142.180 , 142.561 , 143.731 , 143.761 , 144.170 , 146.060 , 148.050 , 148.060 , 148.160 , 148.180 , 148.300 * , 148.530 * and 149.051 , RSMo 1978, and section 147.120 , RSMo Supp. 1981, shall continue to be applied to amounts outstanding prior to January 1, 1984, with respect to determining interest and other amounts due for periods before January 1, 1984.

(L. 1982 H.B. 1351, et al., A.L. 1986 S.B. 669, et al., A.L. 1995 S.B. 374) *Sections 148.300 and 148.530 were repealed by H.B. 713 § 1, 1983.
Mo. Rev. Stat. § 453.315 — MO Code / Chapter 453 / Section 453.315
453.315 Order of protection, purpose of.
Status: in_force

453.315. Order of protection, purpose of. — The court may make an order of protection as a condition of any order made under this section. The order of protection may set forth reasonable conditions of behavior by a person or agency who is before the court, and the order may require any such person or agency to make periodic reports to the court containing such information as the court may prescribe.

(L. 1973 H.B. 255 § 4, A.L. 1974 S.B. 576)
Mo. Rev. Stat. § 33.110 — MO Code / Chapter 33 / Section 33.110
33.110 Fiscal year defined — reports to general assembly.
Status: in_force

33.110. Fiscal year defined — reports to general assembly. — The fiscal year of the state shall commence on July first and terminate on June thirtieth following, and the books, accounts and reports of the public officers shall be made to conform thereto; and all reports required by law to be made to the general assembly shall be made during the first twenty days after the meeting of the general assembly.

(RSMo 1939 § 13020, A.L. 1945 p. 1977 § 10) Prior revisions: 1929 § 11398; 1919 § 13295; 1909 § 11808
Mo. Rev. Stat. § 376.301 — MO Code / Chapter 376 / Section 376.301
376.301 Tangible personal property interests permitted, when.
Status: in_force

376.301. Tangible personal property interests permitted, when. — 1. (1) Subject to the limitations of section 376.297 , an insurer may acquire tangible personal property or equity interest therein located or used wholly or in part within a domestic jurisdiction directly or indirectly through limited partnership interest and general partnership interest not otherwise prohibited by subsection 4 of section 376.294 , joint ventures, stock of an investment subsidiary or membership interests in a limited liability company, trust certificates, or other similar instruments.

(2) Investments acquired under subdivision (1) of this subsection shall be eligible only if:

(a) The property is subject to a lease or other agreement with a person whose rated credit instruments in the amount of the purchase prices of the personal property the insurer could then acquire under section 376.298 ; and

(b) The lease or other agreement provides the insurer the right to receive rental, purchase, or other fixed payments for this use or purchase of the property and the aggregate value of the payments, together with the estimated residual value of the property at the end of its useful life and the estimated tax benefits to the insurer resulting from ownership of the property shall be adequate to return the cost of the insurer's investment in the property plus a return deemed adequate by the insurer.

2. An insurer shall compute the amount of each investment under this section on the basis of the out-of-pocket purchase price and applicable related expenses paid by the insurer for the investment, net of each borrowing made to finance the purchase price, and expenses to the extent the borrowing is without recourse to the insurer.

3. An insurer shall not acquire an investment under this section if as a result of and after giving effect to the investment the aggregate amount of all investments then held by the insurer under this section would exceed:

(1) Two percent of its admitted assets; or

(2) One-half of one percent of its admitted assets as to any single item of tangible personal property.

4. For purposes of determining compliance with the limitations of section 376.297 , investments acquired by an insurer under this section shall be aggregated with those acquired under section 376.298 and each lessee of the property under a lease referred to in this section shall be deemed the issuer of an obligation in the amount of the investment of the insurer in the property determined as provided in subsection 2 of this section.

5. Nothing in this section shall be applicable to tangible personal property lease arrangements between an insurer and its subsidiaries and affiliates under a cost-sharing arrangement or agreement permitted under chapter 382 .

(L. 1953 p. 234 §§ 1, 2, A.L. 1967 p. 516, A.L. 2007 S.B. 66)
Mo. Rev. Stat. § 351.1210 — MO Code / Chapter 351 / Section 351.1210
351.1210 Claims against dissolved cooperative, former officers, directors, and ...
Status: in_force

351.1210. Claims against dissolved cooperative, former officers, directors, and members may defend. — After a cooperative has been dissolved, any of its former officers, directors, or members may assert or defend, in the name of the cooperative, a claim by or against the cooperative.

(L. 2011 S.B. 366)
Mo. Rev. Stat. § 94.010 — MO Code / Chapter 94 / Section 94.010
94.010 Assessment of property, how made — equalization — correction of books.
Status: in_force

94.010. Assessment of property, how made — equalization — correction of books. — 1. Except as hereinafter provided, in assessing property, both real and personal, in cities of the third class, the city assessor shall, jointly with the county or township assessor, assess all property in such city, and such assessment, as made by the city assessor and county or township assessor jointly, and after the same has been passed upon by the board of equalization, as herein provided for, shall be taken as the basis from which the city council shall make the levy for city purposes; and for the purpose of giving cities of the third class representation on the county board of equalization, when said board is sitting for the purpose of equalizing the assessment on such city property, the mayor and city assessor shall sit with the county board of equalization when the said board is passing upon the assessment of such city property, and shall each have a vote in said board, and they shall be paid for such service the same amount per day and out of the same fund as other members of such board of equalization.

2. The assessment of city property as made by the city and county assessor shall conform to each other, and after such board of equalization has passed upon such assessment and equalized the same, the city assessor's book shall be corrected in red ink in accordance with the changes made by the board of equalization, and so certified by said board, and then returned to the city council.

(RSMo 1939 § 6925, A.L. 1959 H.B. 164) Prior revisions: 1929 § 6779; 1919 § 8266; 1909 § 9203
Mo. Rev. Stat. § 169.577 — MO Code / Chapter 169 / Section 169.577
169.577 Purchase of additional creditable service to achieve minimum time required ...
Status: in_force

169.577. Purchase of additional creditable service to achieve minimum time required for allowance — request, form, purchase, requirements, term. — Any member of a retirement system subject to the provisions of this chapter, who is within five years of being eligible to retire with a retirement allowance as provided in this chapter, may elect to purchase additional creditable service of up to five-tenths of a year which shall, when so purchased, be included in the total of the member's years of creditable service, used to enable the member to achieve the minimum creditable service time required for a retirement allowance, and applied in the computation of the member's annual service retirement allowance. For any member of a retirement system established by sections 169.010 to 169.141 or 169.600 to 169.715 , and notwithstanding any other provision within this section to the contrary, the purchase shall be effected in the same manner as provided in section 169.056 . The request for purchase of the additional creditable service shall be made in writing to the board of trustees of the system in which the applicant is a member. The purchase shall be effected by the member paying to the retirement system the amount required by the rules and regulations established by the respective retirement system, or absent such rules and regulations, the amount, with interest, the member would have contributed thereto and the amount the member's employer would have contributed thereto had the person been employed in a position covered by the retirement system for the number of months for which the member is electing to purchase credit, and had the member's compensation during such period been the same as the annual salary rate at which the member is receiving at the time of application, and the contribution rate in effect on the date of election to purchase credit. The payment shall be completed prior to termination of membership with the retirement system with interest on the unpaid balance. Nothing in this section shall be construed to allow a member to vest in the retirement system by using the creditable service purchased pursuant to the provisions of this section to reach the time of vesting.

(L. 1995 S.B. 378 § 1, A.L. 1997 H.B. 169 merged with S.B. 309, A.L. 2003 H.B. 346 & 174)
Mo. Rev. Stat. § 443.891 — MO Code / Chapter 443 / Section 443.891
443.891 Charge in support of removal or prohibition notice issued on certain ...
Status: in_force

443.891. Charge in support of removal or prohibition notice issued on certain findings of conduct. — 1. Upon making any one or more of the following preliminary findings, the director may issue a notice of charges against a licensee in support of an order imposing a fine, requiring restitution or forfeiture, suspending or revoking a license, or an order of removal and prohibition, which order may remove and prohibit a named person from participating in loan brokering, mortgage brokering or mortgage brokerage service for any loan secured by real estate whether in the affairs of an exempt person or in the affairs of * any licensees under sections 443.701 to 443.893 , or in the affairs of any depository ** institution under the jurisdiction of the director. An order of removal or of prohibition may be permanent or for a specific term and may impose additional conditions including requiring restitution and imposition of a civil penalty not exceeding twenty-five thousand dollars per occurrence. The findings required by this section may be any one or more of the following:

(1) A finding that the person subject to the order has been convicted of a crime involving material financial loss to a licensee, a depository institution, a government-sponsored enterprise, a Federal Home Loan Bank, a Federal Reserve Bank or any other person;

(2) A finding that the person subject to the order has, in connection with the application for or procurement of a loan secured by real estate, made any material misstatement, misrepresentation, or omission. As used in this section, "material" means important information about which the director or board should be informed and which may influence a licensing or lending decision;

(3) A finding that the person subject to the order has pleaded guilty to, entered a plea of nolo contendere to, or been found guilty of mortgage fraud as defined in section 570.310 ;

(4) A finding that the person subject to the order has violated any provision of sections 443.701 to 443.893 .

2. If a hearing is requested, the director or his or her designee shall conduct a hearing under chapter 536 .

3. If the respondent defaults, consents to an order under this section, or if upon the record the director finds the grounds specified supporting an order, the director may issue such an order including conditions for restitution or for a civil penalty not to exceed twenty-five thousand dollars to be effective thirty days after service and to remain in effect and enforceable except to the extent it is stayed, modified, terminated or set aside by action of the director or a reviewing court.

(L. 1994 S.B. 718 § 33, A.L. 1995 H.B. 63, et al., A.L. 2008 H.B. 2188, A.L. 2009 H.B. 382) Effective 7-08-09 *Word "of" does not appear in original rolls. **Word "depositary" appears in original rolls.
Mo. Rev. Stat. § 238.245 — MO Code / Chapter 238 / Section 238.245
238.245 Property, district may purchase and control access.
Status: in_force

238.245. Property, district may purchase and control access. — The district may, subject to commission or local transportation authority approval, as appropriate:

(1) Purchase land or receive contributions of land and cash for project right-of-way;

(2) Limit and control access from adjacent property to a district project; and

(3) Sell and convey excess right-of-way for fair market value to any person or entity.

(L. 1990 S.B. 479 & 649 § 53) Effective 5-30-90