FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 454.522 — MO Code / Chapter 454 / Section 454.522
454.522 Subordination of liens, when.
Status: in_force

454.522. Subordination of liens, when. — 1. The director of revenue shall subordinate any lien filed pursuant to the provisions of subsection 1 of section 143.902 , or any lien filed pursuant to the provisions of subsection 1 of section 144.380 , to any lien for child support filed pursuant to chapter 454 , without regard to whether the lien filed pursuant to subsection 1 of section 143.902 or subsection 1 of section 144.380 was filed earlier in time. This subsection shall not apply unless the child, or at least one of two or more children, on whose behalf a lien for child support has been filed pursuant to chapter 454 resides in Missouri. This subsection shall not apply if the effect of the subordination of the lien filed pursuant to subsection 1 of section 143.902 or subsection 1 of section 144.380 is to permit other lienholders senior to the child support lien to receive all the proceeds from the sale of the assets to which the lien filed pursuant to subsection 1 of section 143.902 or subsection 1 of section 144.380 attaches, with no part of the proceeds going to the child or children on whose behalf the lien has been filed pursuant to chapter 454 .

2. Any collusive attempt between a child support obligor and obligee to use the provisions of subsection 1 of this section to evade or defeat any tax imposed by sections 143.011 to 143.996 , or the payment thereof, shall be considered a criminal offense which may be prosecuted pursuant to section 143.911 , in addition to any other penalty provided by law.

3. Any collusive attempt between a child support obligor and obligee to use the provisions of subsection 1 of this section to evade or defeat any tax imposed by sections 144.010 to 144.525 , or the payment thereof, shall be considered a violation subject to the penalties provided in sections 144.500 and 144.510 .

(L. 1998 S.B. 910 § 7)
Mo. Rev. Stat. § 533.140 — MO Code / Chapter 533 / Section 533.140
533.140 If defendant fails in his defense — assessment of damages.
Status: in_force

533.140. If defendant fails in his defense — assessment of damages. — If the defendant fail in his defense, and have the property in possession, the court or jury shall assess the value of the property, and the damages for all injuries to the property, and for the taking and detention, or detention, of the same, and the judgment shall be against the defendant and his sureties, that he return the property or pay the value so assessed, at the election of the plaintiff, and, also, pay the damages so assessed and costs of suit. If the defendant have not the property in possession, the court or jury shall assess the damages, and the judgment shall be against the defendant and his sureties, for the damages so assessed, and costs of suit; and in all cases the property shall be presumed to be with the party who should have it, until the contrary be shown.

(RSMo 1939 § 1801) Prior revisions: 1929 § 1637; 1919 § 2085; 1909 § 2650 (1972) Defendant's liability for interest is limited to period of actual possession, not from date of taking to date of trial. Simmons v. Propane Industrial, Inc. (A.), 488 S.W.2d 253.
Mo. Rev. Stat. § 375.1235 — MO Code / Chapter 375 / Section 375.1235
375.1235 Reciprocal state, powers and duties of domiciliary liquidator — ...
Status: in_force

375.1235. Reciprocal state, powers and duties of domiciliary liquidator — nonreciprocal state, duties of director — claims filed, where. — 1. The domiciliary liquidator of an insurer domiciled in a reciprocal state shall, except as to the special deposits and security on secured claims under subsection 3 of section 375.1236 , be vested by operation of law with the title to all of the assets, property, contracts and rights of action, agents' balances, and all of the books, accounts and other records of the insurer located in this state. The date of vesting shall be the date of the filing of the petition, if that date is specified by the domiciliary law for the vesting of property in the domiciliary state. Otherwise, the date of vesting shall be the date of entry of the order directing possession to be taken. The domiciliary liquidator shall have the immediate right to recover balances due from agents and to obtain possession of the books, accounts and other records of the insurer located in this state. He also shall have the right to recover all other assets of the insurer located in this state, subject to section 375.1236 .

2. If a domiciliary liquidator is appointed for an insurer not domiciled in a reciprocal state, the director shall be vested by operation of law with the title to all of the property, contracts and right of action, and all of the books, accounts and other records of the insurer located in this state, at the same time that the domiciliary liquidator is vested with title in the domicile. The director may petition for a conservation or liquidation order under section 375.1232 or 375.1234 , or for an ancillary receivership under section 375.1236 , or after approval by the court may transfer title to the domiciliary liquidator, as the interests of justice and the equitable distribution of the assets require.

3. Claimants residing in this state may file claims with the liquidator or ancillary receiver, if any, in this state or with the domiciliary liquidator, if the domiciliary law permits. The claims must be filed on or before the last date fixed for the filing of claims in the domiciliary liquidation proceedings.

(L. 1991 H.B. 385, et al. § 101)
Mo. Rev. Stat. § 515.220 — MO Code / Chapter 515 / Section 515.220
515.220 Compensation of referees.
Status: in_force

515.220. Compensation of referees. — Referees, in the absence of any special agreement, shall receive such compensation for their services as the court in which the case is pending may allow, not exceeding ten dollars per day.

(RSMo 1939 § 1162) Prior revisions: 1929 § 996; 1919 § 1447; 1909 § 2016
Mo. Rev. Stat. § 191.908 — MO Code / Chapter 191 / Section 191.908
191.908 Whistleblower protections — violations, penalty.
Status: in_force

191.908. Whistleblower protections — violations, penalty. — 1. An employer shall not discharge, demote, suspend, threaten, harass, or otherwise discriminate against an employee in the terms and conditions of employment because the employee initiates, assists in, or participates in a proceeding or court action under sections 191.900 to 191.910 . Such prohibition shall not apply to an employment action against an employee who:

(1) The court finds brought a frivolous or clearly vexatious claim;

(2) The court finds to have planned, initiated, or participated in the conduct upon which the action is brought; or

(3) Is convicted of criminal conduct arising from a violation of sections 191.900 to 191.910 .

2. An employer who violates this section is liable to the employee for all of the following:

(1) Reinstatement to the employee's position without loss of seniority;

(2) Two times the amount of lost back pay;

(3) Interest on the back pay at the rate of one percent over the prime rate.

(L. 2007 S.B. 577)
Mo. Rev. Stat. § 174.500 — MO Code / Chapter 174 / Section 174.500
174.500 West Plains campus of Missouri State University established — mission ...
Status: in_force

174.500. West Plains campus of Missouri State University established — mission implementation plan — limitation on offers for baccalaureate degrees. — 1. The board of governors of Missouri State University is authorized to continue the program of higher education at West Plains, Missouri, which was begun in 1963 and which shall be known as the "West Plains Campus of Missouri State University". Missouri State University may include an appropriation request for the branch facility at West Plains in its operating budget.

2. The coordinating board for higher education in cooperation with the board of governors shall develop a mission implementation plan for the campus at West Plains, Howell County, which is known as the "West Plains Campus of Missouri State University", and which shall be a teaching institution, offering one-year certificates, two-year associate degrees and credit and noncredit courses to both traditional and nontraditional students to meet the ongoing and emerging employer and educational needs of the citizens of the area served. The West Plains campus of Missouri State University may offer baccalaureate degrees only when authorized by the coordinating board for higher education in circumstances where the level of education required in a field for accreditation or licensure increases to the baccalaureate degree level or, in the case of applied bachelor's degrees, the level of education required for employment in a field increases to that level, and when doing so would not unnecessarily duplicate an existing program, collaboration with a university is not feasible or the approach is not a viable means of meeting the needs of students and employers, and the institution has the academic and financial capacity to offer the program in a high-quality manner. Quality for such baccalaureate degree programs shall be evaluated at least in part by delivery of upper-level coursework or competencies, and defined by accreditation or compliance with the Higher Learning Commission standards for bachelor's degrees.

(L. 1981 S.B. 25 § 1, A.L. 1991 H.B. 51, et al., A.L. 2006 S.B. 650, A.L. 2018 H.B. 1465 merged with S.B. 807 & 577)
Mo. Rev. Stat. § 444.180 — MO Code / Chapter 444 / Section 444.180
444.180 Certain sections apply only to coal mining companies.
Status: in_force

444.180. Certain sections apply only to coal mining companies. — In no case shall sections 444.100 to 444.170 be so construed as to apply to persons, companies or corporations engaged in mining for lead, zinc or other ores or minerals, except coal.

(RSMo 1939 § 14802) Prior revisions: 1929 § 13612; 1919 § 7455; 1909 § 8427
Mo. Rev. Stat. § 67.1888 — MO Code / Chapter 67 / Section 67.1888
67.1888 Insurance obtained by the district, types, conditions.
Status: in_force

67.1888. Insurance obtained by the district, types, conditions. — 1. The district may obtain such insurance as it deems appropriate, considering its legal limits of liability, to protect itself, its officers and its employees from any potential liability and may also obtain such other types of insurance as it deems necessary to protect against loss of its real or personal property of any kind. The cost of this insurance shall be charged against the project.

2. The district may also require contractors performing construction or maintenance work on the project and companies providing operational and management services to obtain liability insurance having the district, its directors and employees as additional named insureds.

3. The district shall not attempt to self-insure for its potential liabilities unless it finds that it has sufficient funds available to cover any anticipated judgments or settlements and still complete its project without interruption. The district may self-insure if it is unable to obtain liability insurance coverage at a rate which is economically feasible to the district, considering its resources.

(L. 2001 H.B. 80 merged with S.B. 224) Effective 5-16-01 (S.B. 224); 7-02-01 (H.B. 80)
Mo. Rev. Stat. § 321.100 — MO Code / Chapter 321 / Section 321.100
321.100 Hearing — adjudication — corporate powers.
Status: in_force

321.100. Hearing — adjudication — corporate powers. — Upon the hearing if it shall appear that a petition for the organization of a district has been signed and presented pursuant to the provisions of this chapter, and that the allegations of the petition are true and that no protesting petition has been filed, or if one has been filed, that the facts adduced in behalf thereof at the hearing are insufficient to sustain the protesting petition, the court shall, by order duly entered of record, adjudicate all questions of jurisdiction, declare the district organized, define the boundaries thereof, and give it a corporate name by which in all proceedings it shall thereafter be known, and thereupon the district, subject to the election herein provided, shall be a political subdivision of the state of Missouri and a body corporate with all the powers of like or similar corporations.

(L. 1947 V. I p. 432 § 11, A.L. 1969 H.B. 322)
Mo. Rev. Stat. § 640.735 — MO Code / Chapter 640 / Section 640.735
640.735 Discharge to be reported, when, to whom.
Status: in_force

640.735. Discharge to be reported, when, to whom. — Within twenty-four hours, any unauthorized discharge by a flush system animal waste wet handling facility that has crossed the property line of the facility or any unauthorized discharge by a flush system animal waste wet handling facility of which the failsafe containment structure or earthen dam has failed to contain and has crossed the property line of the facility, or enters waters of the state shall be reported to the department and to all adjoining property owners of the facility as listed on the site-specific permit.

(L. 1996 H.B. 1207) Effective 6-25-96
Mo. Rev. Stat. § 435.425 — MO Code / Chapter 435 / Section 435.425
435.425 Applications to court.
Status: in_force

435.425. Applications to court. — Except as otherwise provided, an application to the court under sections 435.350 to 435.470 shall be by motion and shall be heard in the manner and upon the notice provided by law or rule of court for the making and hearing of motions. Unless the parties have agreed otherwise, notice of an initial application for an order shall be served in the manner provided by law for the service of a summons in an action.

(L. 1980 H.B. 1203 § 16)
Mo. Rev. Stat. § 221.430 — MO Code / Chapter 221 / Section 221.430
221.430 District income, distribution upon dissolution.
Status: in_force

221.430. District income, distribution upon dissolution. — No income of the district shall inure to the benefit of any private person. Upon dissolution of the district, all the district's assets shall be distributed among the member counties.

(L. 1997 S.B. 89 merged with S.B. 218)
Mo. Rev. Stat. § 169.045 — MO Code / Chapter 169 / Section 169.045
169.045 Bank deposits of system, how secured.
Status: in_force

169.045. Bank deposits of system, how secured. — Any money belonging to the public school retirement system of Missouri which is deposited in any bank or trust company shall be secured by the deposit with and for said retirement system of securities of like kind and value as required by section 30.270 as security for the safekeeping and payment of deposits by the state treasurer.

(L. 1959 H.B. 227 § 1)
Mo. Rev. Stat. § 8.679 — MO Code / Chapter 8 / Section 8.679
8.679 Contract required, procedure to solicit proposals, advertising required in ...
Status: in_force

8.679. Contract required, procedure to solicit proposals, advertising required in county where work located, open bidding. — When, in the discretion of the public owner, it is determined that a public works project should be performed with a negotiated contract for construction management services, such public owner shall advertise and solicit proposals from qualified construction managers in the following manner: If the total cost for the erection or construction of any building or structure or the improvement, alteration or repair of a building or structure exceeds five hundred thousand dollars, the public owner shall request and solicit proposals by advertising for ten days in one newspaper of general circulation in the county where the work is located. If the cost of the work contemplated exceeds one million five hundred thousand dollars, proposals shall be solicited by advertisement for ten days in two daily newspapers in the state which have not less than fifty thousand daily circulation in addition to the advertisement in the county where the work is located. The number of such proposals shall not be restricted or curtailed, but shall be open to all construction managers complying with the terms upon which the proposals are requested.

(L. 1993 S.B. 241 § 1 subsec. 3)
Mo. Rev. Stat. § 355.801 — MO Code / Chapter 355 / Section 355.801
355.801 Withdrawal of foreign corporation.
Status: in_force

355.801. Withdrawal of foreign corporation. — 1. A foreign corporation authorized to transact business in this state may not withdraw from this state until it obtains a certificate of withdrawal from the secretary of state.

2. A foreign corporation authorized to transact business in this state may apply for a certificate of withdrawal by delivering an application to the secretary of state for filing. The application must set forth:

(1) The name of the foreign corporation and the name of the state or country under whose law it is incorporated;

(2) That it is not transacting business in this state and that it surrenders its authority to transact business in this state;

(3) That it revokes the authority of its registered agent to accept service on its behalf and appoints the secretary of state as its agent for service of process in any proceeding based on a cause of action arising during the time it was authorized to do business in this state;

(4) A mailing address to which the secretary of state may mail a copy of any process served on him under subdivision (3) of this subsection; and

(5) A commitment to notify the secretary of state in the future of any change in the mailing address.

3. After the withdrawal of the corporation is effective, service of process on the secretary of state under this section is service on the foreign corporation. Upon receipt of process, the secretary of state shall mail a copy of the process to the foreign corporation at the post office address set forth in its application for withdrawal.

(L. 1994 H.B. 1095) Effective 7-01-95
Mo. Rev. Stat. § 393.550 — MO Code / Chapter 393 / Section 393.550
393.550 Definitions.
Status: in_force

393.550. Definitions. — As used in sections 393.550 to 393.565 , the following terms mean:

(1) "Access demand notice" , the notice required by section 393.553 ;

(2) "Denial of access" , a failure or refusal by a utility customer in default to enable a utility company having a need for access to its utility meter to gain such access;

(3) "Need for access" , the desire to obtain access for the purpose of terminating the supply of electricity, gas or water to a utility customer when:

(a) Such customer has failed to pay lawful charges for one or more of such utility services at the residence for such a period of time that the utility company seeking access has lawfully provided to such customer a written notice that the utility service provided by such utility company is subject to termination in accordance with then applicable laws and regulations, and while the cause for such notice still exists; and

(b) Utility service cannot be terminated to such customer without access to such customer's utility meter, except by terminating utility service to one or more other customers at the residence who are not subject to termination of utility service for failure to pay lawful charges for utility service;

(4) "Residence" , a multifamily residential dwelling;

(5) "Utility company" , an electrical corporation, a gas corporation or a water corporation subject to the jurisdiction, control and regulation of the Missouri public service commission and to the provisions of chapter 386 ;

(6) "Utility customer in default" , a utility customer who has failed to pay lawful charges for utility services at the residence for the period of time referred to in paragraph (a) of subdivision (3) of this section;

(7) "Utility meter" , the meter and any other property connected with the meter which are owned by the utility company.

(L. 1986 H.B. 1422 § 1)
Mo. Rev. Stat. § 262.010 — MO Code / Chapter 262 / Section 262.010
262.010 State horticultural society created.
Status: in_force

*262.010. State horticultural society created. — "The Missouri State Horticultural Society" is hereby instituted and created a body corporate, to be named and styled as above, and shall have perpetual succession, power to sue and be sued, complain and defend in all courts, and to make and use a common seal and alter the same at pleasure.

(RSMo 1939 § 14032) Prior revisions: 1929 § 12365; 1919 § 11953; 1909 § 614 *The state horticultural society was transferred to the department of agriculture, by type I transfer, by the Reorganization Act of 1974. CROSS REFERENCES: Apple merchandising fund, society to authorize director of the department of agriculture to expend, how, 265.200 Hawthorn blossom, state floral emblem, cultivation to be encouraged, 10.030
Mo. Rev. Stat. § 333.161 — MO Code / Chapter 333 / Section 333.161
333.161 Board members to take oath.
Status: in_force

333.161. Board members to take oath. — Each member of the board shall be duly commissioned by the governor and shall take and subscribe an oath to support the Constitution of the United States and the state of Missouri and to demean himself faithfully in office. A copy of the oath shall be endorsed on the commission.

(L. 1965 p. 522 § 16)
Mo. Rev. Stat. § 77.390 — MO Code / Chapter 77 / Section 77.390
77.390 Officer's oath — bond.
Status: in_force

77.390. Officer's oath — bond. — Every officer of the city and his assistants, and every councilman, before entering upon the duties of his office, shall take and subscribe to an oath or affirmation before some court of record in the county, or the city clerk, that he possesses all the qualifications prescribed for his office by law; that he will support the Constitution of the United States, and of the state of Missouri, the provisions of all laws of this state affecting cities of this class, and the ordinances of the city, and faithfully demean himself in office; which official oath or affirmation shall be filed with the city clerk. Every officer of the corporation, when required by law or ordinance, shall, within fifteen days after his election or appointment, and before entering upon the discharge of the duties of his office, give bond to the city in such sum and with such sureties as shall be designated by ordinance, conditioned for the faithful performance of his duty, and that he will pay over all moneys belonging to the city, as provided by law, that may come into his hands. If any person elected or appointed to any office shall fail to take and subscribe such oath or affirmation, or to give bond as herein required, his office shall be deemed vacant. For any breach of condition of any such bond, suit may be instituted thereon by the city, or by any person in the name of the city for the use of such person.

(RSMo 1939 § 6890, A.L. 1978 H.B. 1634) Prior revisions: 1929 § 6744; 1919 § 8231; 1909 § 9168 Effective 1-02-79
Mo. Rev. Stat. § 205.964 — MO Code / Chapter 205 / Section 205.964
205.964 Reimbursement to federal government, how made.
Status: in_force

205.964. Reimbursement to federal government, how made. — Any loss for which this state or its agencies or counties may be liable to reimburse the federal government in accordance with federal laws, rules and regulations applicable to federal food stamp plans or federal surplus agricultural commodities distribution programs shall be paid from funds appropriated to the family support division for the administration of these programs. Any loss in a county in which a program of surplus agricultural commodities distribution is in effect, and with respect to which loss is incurred, shall be paid by the county to the family support division in the amount payable to the federal government under this section. The payment for any loss by the state or county shall not relieve any person of any civil or criminal liability to this state.

(L. 1969 S.B. 23 § 205.980, A.L. 2014 H.B. 1299 Revision)