FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 115.123 — MO Code / Chapter 115 / Section 115.123
115.123 Public elections to be held on certain Tuesdays, exceptions — exemptions.
Status: in_force

115.123. Public elections to be held on certain Tuesdays, exceptions — exemptions. — 1. All public elections shall be held on Tuesday. Except as provided in subsection 2 * of this section, and section 247.180 , all public elections shall be held on the general election day, the primary election day, the general municipal election day, the first Tuesday after the first Monday in November, or on another day expressly provided by city or county charter, and in nonprimary years on the first Tuesday after the first Monday in August. Bond elections may be held on the first Tuesday after the first Monday in February but no other issue shall be included on the ballot for such election.

2. The following elections shall be exempt from the provisions of subsection 1 of this section:

(1) Bond elections necessitated by fire, vandalism or natural disaster;

(2) Elections for which ownership of real property is required by law for voting;

(3) Special elections to fill vacancies and to decide tie votes or election contests; and

(4) Tax elections necessitated by a financial hardship due to a five percent or greater decline in per-pupil state revenue to a school district from the previous year.

3. Nothing in this section prohibits a charter city or county from having its primary election in March if the charter provided for a March primary before August 28, 1999.

4. Nothing in this section shall prohibit elections held pursuant to section 65.600 , but no other issues shall be on the March ballot except pursuant to this chapter.

(L. 1977 H.B. 101 § 6.005, A.L. 1978 H.B. 971, A.L. 1979 S.B. 275, A.L. 1980 S.B. 734, A.L. 1983 S.B. 234, A.L. 1986 H.B. 879 merged with S.B. 729, A.L. 1987 S.B. 386, A.L. 1993 H.B. 551 & 552, A.L. 1996 H.B. 1557 & 1489, A.L. 1997 S.B. 132, A.L. 1999 H.B. 676, A.L. 2002 S.B. 675, A.L. 2012 H.B. 1036, A.L. 2014 S.B. 892, A.L. 2022 H.B. 1878) *Statutory reference to "subsections 2 and 3" changed to "subsection 2" in accordance with section 3.060 based on renumbering by H.B. 1878, 2022.
Mo. Rev. Stat. § 475.132 — MO Code / Chapter 475 / Section 475.132
475.132 Individual liability of conservator.
Status: in_force

475.132. Individual liability of conservator. — 1. Unless otherwise provided in the contract, a conservator is not individually liable on a contract properly entered into in his capacity as conservator in the course of administration of the estate unless he fails to reveal his representative capacity and identify the estate in the contract.

2. The conservator is individually liable for obligations arising from ownership or control of property of the estate or for torts committed in the course of administration of the estate only if he is personally at fault.

3. Claims based on contracts entered into by a conservator in his fiduciary capacity, on obligations arising from ownership or control of the estate, or on torts committed in the course of administration of the estate may be asserted against the estate by proceeding against the conservator in his fiduciary capacity, whether or not the conservator is individually liable therefor.

4. Any question of liability between the estate and the conservator individually may be determined in a proceeding for accounting, surcharge, or indemnification, or other appropriate proceeding or action.

(L. 1983 S.B. 44 & 45 )
Mo. Rev. Stat. § 376.1015 — MO Code / Chapter 376 / Section 376.1015
376.1015 Department not to grant approval, when.
Status: in_force

376.1015. Department not to grant approval, when. — The department shall not grant or renew approval as to any plan if the department determines:

(1) Any trustee is incompetent or untrustworthy;

(2) That any trustee has been found guilty of, or has pled guilty or no contest to a felony, a crime involving moral turpitude, or a crime punishable by imprisonment of one year or more under the law of any state, territory, or country, whether or not a judgment of conviction has been entered;

(3) That any trustee has had any type of insurance license revoked, suspended, or disciplined in this or any other state; or

(4) That the business operations of the plan are or have been marked, to the detriment of the employers participating in the plan, of persons receiving benefits from the plan, or of creditors or the public, by the improper manipulation of assets, accounts, or specific or aggregate excess incurrence or by bad faith or if the number of covered employees in * any calendar quarter is found to be less than two hundred fifty.

(L. 1993 H.B. 709 § 28) *Word "in" does not appear in original rolls.
Mo. Rev. Stat. § 408.130 — MO Code / Chapter 408 / Section 408.130
408.130 Borrower to receive statement of contract — contents — prepayment effect — ...
Status: in_force

408.130. Borrower to receive statement of contract — contents — prepayment effect — receipts for payments. — 1. At the time the loan is made, there shall be delivered to the borrower, or, if there are two or more borrowers, to one of them, a written statement or copy of the loan contract showing in clear and distinct terms:

(1) The name and address of the lender and of one of the borrowers;

(2) The date of the loan contract;

(3) The schedule of installments or description thereof;

(4) The type of any instrument securing the loan;

(5) The principal amount of the loan excluding interest;

(6) The rate or amount of interest as the contract may provide;

(7) That the borrower may prepay the loan, in whole or in part, at any time, and in case interest has been added to the principal of the loan;

(8) That the interest is subject to the refund requirements of section 408.170 if the loan is prepaid in full.

2. A receipt shall be given for the amount of each payment made in currency. Any note paid in full, or a copy thereof, shall be so marked "paid" and returned, and any security interest which no longer secures a loan shall be restored, cancelled or released.

(L. 1951 p. 875 § 408.032(b), A.L. 1965 p. 114, A.L. 1994 H.B. 963)
Mo. Rev. Stat. § 429.605 — MO Code / Chapter 429 / Section 429.605
429.605 Broker's lien for compensation for services, requirements.
Status: in_force

429.605. Broker's lien for compensation for services, requirements. — 1. Any real estate broker who is not acting as a real estate salesperson for another real estate broker shall have a lien on commercial real estate or an interest in such commercial real estate in the amount of the compensation as agreed upon by the real estate broker and the real estate broker's client or customer, if:

(1) Such real estate is listed with the real estate broker under terms of a written agreement for the purpose of selling, leasing or otherwise conveying any interest in the commercial real estate and evidenced by a written agreement signed by the owner or the owner's agent; and

(2) The real estate broker and the real estate salespersons retained by the real estate broker have provided licensed services that resulted in the procuring of a person or entity ready, willing and able to purchase, lease or otherwise accept a conveyance of the commercial real estate or any interest in the commercial real estate as provided for in the terms of the written agreement signed by the owner or owner's agent or other terms which were otherwise acceptable to the owner or owner's agent as evidenced by a written agreement signed by the owner or the owner's agent.

2. A real estate broker shall, also, have a lien on such commercial real estate or an interest in such commercial real estate if the real estate broker has a written agreement with a prospective buyer to represent the buyer to the purchase or other conveyance to the buyer of commercial real estate when the real estate broker becomes entitled to compensation pursuant to the written agreement.

(L. 1993 S.B. 18 § 2) (1998) Legislative intent, gleaned from the use of the phrase "other conveyances", indicates that the statute authorizes a real estate broker's lien on commercial real estate as a result of the broker's entitlement to compensation for procurement of a lease pursuant to a written agreement between the broker and the buyer. Incentive Realty, Inc. v. Hawatmeh, 983 S.W.2d 156 (E.D.Mo.).
Mo. Rev. Stat. § 300.505 — MO Code / Chapter 300 / Section 300.505
300.505 City traffic engineer to designate public carrier stops and stands.
Status: in_force

300.505. City traffic engineer to designate public carrier stops and stands. — The city traffic engineer is hereby authorized and required to establish bus stops, bus stands, taxicab stands and stands for other passenger common carrier motor vehicles on such public streets in such places and in such number as he shall determine to be of the greatest benefit and convenience to the public, and every such bus stop, bus stand, taxicab stand, or other stand shall be designated by appropriate signs.

(L. 1965 p. 445 § 131)
Mo. Rev. Stat. § 474.150 — MO Code / Chapter 474 / Section 474.150
474.150 Gifts in fraud of marital rights — presumptions on conveyances.
Status: in_force

474.150. Gifts in fraud of marital rights — presumptions on conveyances. — 1. Any gift made by a married person, whether dying testate or intestate, in fraud of the marital rights of the surviving spouse to whom the decedent was married at the time of such gift and who may share in the decedent's estate, shall, at the election of such surviving spouse, be treated as a testamentary disposition and may be recovered from the donee and persons taking from the decedent without adequate consideration and applied to the payment of the spouse's share, as in case of his or her election to take against the will.

2. Any conveyance of real estate made by a married person at any time without the joinder or other written express assent of such spouse, made at any time, duly acknowledged, is deemed to be in fraud of the marital rights of such spouse, if the spouse becomes a surviving spouse, unless the contrary is shown.

3. Any conveyance of the property of the spouse of a disabled person is deemed not to be in fraud of the marital rights of the disabled person if the probate division of the circuit court authorizes the conservator of the disabled person to join in or assent to the conveyance after finding that it is not made in fraud of the marital rights. Any conveyance of the property of a minor or disabled person made by a conservator pursuant to an order of court is deemed not to be in fraud of the marital rights of the spouse of the protectee.

(L. 1955 p. 385 § 251, A.L. 1957 p. 829, A.L. 1959 S.B. 141, A.L. 1983 S.B. 44 & 45, A.L. 2018 H.B. 1250) CROSS REFERENCE: Conveyance of estate by entireties by guardian of minor or incompetent, 442.035
Mo. Rev. Stat. § 436.248 — MO Code / Chapter 436 / Section 436.248
436.248 Cancellation of contract, when.
Status: in_force

436.248. Cancellation of contract, when. — 1. A student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete may cancel an agency contract by giving notice in writing to the athlete agent of the cancellation within fourteen days after the contract is signed.

2. A student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete may not waive the right to cancel an agency contract.

3. If a student athlete, parent, or guardian cancels an agency contract within fourteen days of signing the contract, the student athlete, parent, or guardian is not required to pay any consideration under the contract or to return any consideration received from the agent to induce the student athlete to enter into the contract.

(L. 2004 S.B. 1122, A.L. 2021 H.B. 273)
Mo. Rev. Stat. § 461.054 — MO Code / Chapter 461 / Section 461.054
461.054 Disqualification for fraud, duress and undue influence and causing owner's ...
Status: in_force

461.054. Disqualification for fraud, duress and undue influence and causing owner's death — proceeding to determine disqualification. — 1. A beneficiary designation or a revocation of a beneficiary designation that is procured by fraud, duress or undue influence is void.

2. A beneficiary who willfully and unlawfully causes or participates with another in causing the death of the owner, or the insured individual under a life insurance policy or certificate, is disqualified from receiving any benefit of a nonprobate transfer from the owner or any proceeds payable as a result of the death of an individual insured under a life insurance policy or certificate. The beneficiary designation shall be given effect as if the disqualified beneficiary had disclaimed it. The fact that a beneficiary willfully and unlawfully caused or participated with another in causing the death of the owner may be established by a criminal conviction or guilty plea, after the right of direct appeal has been exhausted, or determined in a proceeding pursuant to subsection 3 of this section using a preponderance of the evidence standard.

3. On petition of any interested person or the transferring entity, the trier of fact shall determine whether a beneficiary designation or a revocation of a beneficiary designation is void by reason of subsection 1 of this section or whether subsection 2 of this section applies to prevent any person from receiving any benefit of the nonprobate transfer. The trier of fact may mitigate the effect of subsection 1 or 2 on any person as the trier of fact determines justice requires. Any party may demand a jury trial.

(L. 1989 H.B. 145 § 35, A.L. 1995 S.B. 116) (1998) Statute does not provide for reformation of beneficiary deed due to unilateral mistake. Groh v. Ballard, 965 S.W.2d 872 (Mo.App. W.D.) (2014) Changes to beneficiary designations are matters of contract and thus each transaction is governed by the standard for contractual capacity, not the standard for testamentary capacity. Ivie v. Smith, 439 S.W.3d 189 (Mo.banc).
Mo. Rev. Stat. § 82.510 — MO Code / Chapter 82 / Section 82.510
82.510 General duties.
Status: in_force

82.510. General duties. — The city treasurer shall perform such duties as are, or may be, required of him by the general laws of this state, and such duties as are, or may be, required of him by any ordinance or ordinances of any such city not inconsistent or in conflict with any such general law.

(RSMo 1939 § 7783)
Mo. Rev. Stat. § 87.305 — MO Code / Chapter 87 / Section 87.305
87.305 Refunds of contributions, when.
Status: in_force

87.305. Refunds of contributions, when. — The board of trustees is authorized at its discretion to make refunds or grant additional benefits for such parts of contributions as were made prior to the adoption of the eight percent rate for all members which were in excess of the compulsory contributions required of each member.

(L. 1943 p. 708 § 8, A.L. 1959 S.B. 314 § 86.577, A.L. 1977 H.B. 308)
Mo. Rev. Stat. § 324.089 — MO Code / Chapter 324 / Section 324.089
324.089 Violations of sections 324.050 to 324.089.
Status: in_force

324.089. Violations of sections 324.050 to 324.089. — 1. Any person or corporation who knowingly violates any provision of sections 324.050 to 324.089 is guilty of a class B misdemeanor.

2. Any officer or agent of a corporation or member or agent of a partnership or association, who knowingly and personally participates in, or is an accessory to, any violation of sections 324.050 to 324.089 is guilty of a class B misdemeanor.

3. The provisions of this section shall not be construed to release any person from civil liability or criminal prosecution pursuant to any other law of this state.

4. The board may cause a complaint to be filed for any violation of sections 324.050 to 324.089 in any court of competent jurisdiction and perform such other acts as may be necessary to enforce the provisions of sections 324.050 to 324.089 .

(L. 1997 S.B. 141 § 14, A.L. 2009 S.B. 296)
Mo. Rev. Stat. § 256.415 — MO Code / Chapter 256 / Section 256.415
256.415 Nuisance, unregistered diversion of water by major water user — injunction ...
Status: in_force

256.415. Nuisance, unregistered diversion of water by major water user — injunction — injunction dissolved, when. — Any unregistered diversion of water by a major water user is hereby declared to be a nuisance and the director may request the attorney general to file an action in the name of the state for an injunction to stop all water withdrawal or diversion from a water source; provided, however, that any person withdrawing or diverting from a water source may continue to withdraw or divert from that water source while such action is pending. The issuing court shall dissolve the injunction issued under this section when the person files a current registration with the division.

(L. 1983 H.B. 271 § 4)
Mo. Rev. Stat. § 305.565 — MO Code / Chapter 305 / Section 305.565
305.565 Bonds, who may invest in.
Status: in_force

305.565. Bonds, who may invest in. — Counties, cities, villages, incorporated towns, and other municipal corporations, political subdivisions and public bodies, and public officers of any thereof, all banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, insurance companies and associations, and all executors, administrators, guardians, trustees and other fiduciaries may legally invest any sinking funds, moneys, or other funds belonging to them or within their control, in any bonds issued by the authority pursuant to the provisions of sections 305.500 to 305.585 .

(L. 1972 H.B. 1341 § 14) Effective 2-04-72
Mo. Rev. Stat. § 338.310 — MO Code / Chapter 338 / Section 338.310
338.310 Violation, a misdemeanor.
Status: in_force

338.310. Violation, a misdemeanor. — Every person who violates any provision of sections 338.210 to 338.300 shall, upon conviction thereof, be adjudged guilty of a class C misdemeanor.

(L. 1951 p. 734 § 7, A.L. 1981 S.B. 16)
Mo. Rev. Stat. § 327.331 — MO Code / Chapter 327 / Section 327.331
327.331 Examinations, land surveyor-in-training, surveyor-intern, and land ...
Status: in_force

327.331. Examinations, land surveyor-in-training, surveyor-intern, and land surveyors — content — grade required to pass — effect. — 1. After it has been determined that an applicant possesses the qualifications entitling the applicant to be examined, each applicant for examination and enrollment as a land surveyor-in-training and for examination and licensure as a professional land surveyor in Missouri shall appear before the board or its representatives for examination at the time and place specified.

2. The examination or examinations shall be of such form, content and duration as shall be determined by the board to thoroughly test the qualifications of each applicant to become enrolled as a land surveyor-intern or to become licensed as a professional land surveyor in Missouri.

3. Any applicant to be eligible for enrollment or for license must make a grade on the applicable examination of at least seventy percent.

4. Any person who passes the examination hereinabove specified shall be entitled to be enrolled as a land surveyor-intern or licensed as a professional land surveyor, as the case may be, in Missouri and shall receive a certificate of enrollment or a license, as the case may be.

(L. 1969 S.B. 117, A.L. 1981 S.B. 16, A.L. 1983 H.B. 319, A.L. 1999 H.B. 343, A.L. 2014 S.B. 809, A.L. 2022 H.B. 2149)
Mo. Rev. Stat. § 172.780 — MO Code / Chapter 172 / Section 172.780
172.780 St. Louis school of optometry authorized — student fees, how set — ...
Status: in_force

172.780. St. Louis school of optometry authorized — student fees, how set — operating costs, how paid. — 1. The board of curators of the University of Missouri is hereby authorized to develop a school of optometry at the University of Missouri-St. Louis. The fees charged both resident and nonresident students for attendance at the school of optometry shall be set by the board of curators in accordance with fees established for other health sciences programs within the university system.

2. The annual cost of operating the school, once the school has enrolled a full complement of students, including supplies and an amortization of equipment, beyond such funds that may be available from federal and other nonstate sources, shall be borne equally by the states party to the agreement on a pro rata, per-student basis.

(L. 1978 H.B. 1691 § 2, A.L. 1980 H.B. 1868, A.L. 1985 H.B. 675)
Mo. Rev. Stat. § 301.3146 — MO Code / Chapter 301 / Section 301.3146
301.3146 Search and Rescue special license plates, application, fee.
Status: in_force

301.3146. Search and Rescue special license plates, application, fee. — 1. Any member of the search and rescue council of Missouri, after an annual payment of an emblem-use authorization fee to the search and rescue council of Missouri, may receive special license plates for any motor vehicle the member owns, either solely or jointly, other than an apportioned motor vehicle or a commercial motor vehicle licensed in excess of twenty-four thousand pounds gross weight. The search and rescue council of Missouri hereby authorizes the use of its official emblem to be affixed on multiyear personalized license plates within the plate area prescribed by the director of revenue and as provided in this section. Any contribution to the search and rescue council of Missouri derived from this section, except reasonable administrative costs, shall be used solely for the purposes of the search and rescue council of Missouri. Any member of the search and rescue council of Missouri may annually apply for the use of the emblem.

2. Upon annual application and payment of a twenty-five dollar emblem-use contribution to the search and rescue council of Missouri, the search and rescue council of Missouri shall issue to the vehicle owner, without further charge, an emblem-use authorization statement, which shall be presented by the vehicle owner to the director of revenue at the time of registration. Upon presentation of the annual statement and payment of a fifteen dollar fee in addition to the regular registration fees, and presentation of any documents which may be required by law, the director of revenue shall issue to the vehicle owner a special license plate which shall bear the emblem of the search and rescue council of Missouri and the words "SEARCH AND RESCUE" in place of the words "SHOW-ME-STATE". Such license plates shall be made with fully reflective material with a common color scheme and design of the standard license plate, shall be clearly visible at night, shall have a reflective white background in the area of the plate configuration, and shall be aesthetically attractive, as prescribed by section 301.130 . Notwithstanding the provisions of section 301.144 , no additional fee shall be charged for the personalization of license plates pursuant to this section.

3. A vehicle owner who was previously issued a plate with the search and rescue council of Missouri emblem authorized by this section, but who does not provide an emblem-use authorization statement at a subsequent time of registration, shall be issued a new plate which does not bear the search and rescue council of Missouri emblem, as otherwise provided by law. The director of revenue shall make necessary rules and regulations for the enforcement of this section, and shall design all necessary forms required by this section.

(L. 2004 S.B. 1233, et al., A.L. 2016 H.B. 2380)