FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 476.412 — MO Code / Chapter 476 / Section 476.412
476.412 Reports, statistical information on caseload, filed with supreme court, ...
Status: in_force

476.412. Reports, statistical information on caseload, filed with supreme court, when — contents. — In addition to any other report required by law or court rule, or in conjunction with such report, each presiding judge of a judicial circuit and the chief judge of each district of the court of appeals shall file an annual report by September first of each year or such other date as directed by the supreme court. The report shall be in the form prescribed by the state courts administrator and shall provide statistical information, where applicable, on the performance of the reporting court and each judge of the reporting court in relation to caseload handled by the court during the period between reports, the rate of disposition of cases, the average duration of cases until final disposition, the number of cases requiring trial, the number of cases disposed of by settlement, the average time between filing of a case and final disposition and the average projected time between filing of a case and final disposition. Such statistical information shall be particularized according to type of case, including but not limited to personal injury, contract, domestic relations, equity, juvenile, felonies and misdemeanors. The report made by the presiding judge of each circuit shall also include the number and type of circuit division cases handled by associate circuit judges and the number and type of such cases handled by senior judges, if any, assigned to the circuit. Each report shall also include an analysis by the reporting judge on the success of the court in handling its caseload, procedures adopted by the court to handle caseload, projected ability of the court under existing conditions to handle projected future caseload, any needs of the court for additional judges, additional court personnel, space, facilities, and equipment and necessary or desired changes in court rules or procedures or in state law. In connection with any recommendation for additional judges, the report shall specify in detail the conditions requiring additional judges and whether the needs of the court could be satisfied by the appointment of senior judges as provided in section 476.681 , or by assignment of judges from other circuits, how many such judges would be required, for what periods of time, and the type of cases proposed to be handled.

(L. 1989 S.B. 439 § 3)
Mo. Rev. Stat. § 136.352 — MO Code / Chapter 136 / Section 136.352
136.352 Amount of collections due to audit, not basis of employee performance, ...
Status: in_force

136.352. Amount of collections due to audit, not basis of employee performance, department of revenue. — The director of revenue shall ensure that the work performance of any department of revenue employee shall not be evaluated based solely upon the number or amount of assessments or collections attributable to audits of taxpayer returns.

(L. 1992 S.B. 716)
Mo. Rev. Stat. § 620.1350 — MO Code / Chapter 620 / Section 620.1350
620.1350 Investment funds service corporation may make annual election to compute ...
Status: in_force

620.1350. Investment funds service corporation may make annual election to compute income derived within state — procedure. — 1. The words used in this section and sections 620.1355 and 620.1360 shall, unless the context otherwise requires, have the meaning provided in subdivision (4) of subsection 2 of section 143.451 , and in addition, the following words shall have the following meanings:

(1) "Department" , the department of economic development;

(2) "Director" , the director of the department of economic development.

2. An investment funds service corporation or S corporation, certified pursuant to this section and sections 620.1355 and 620.1360 , may make an annual election to compute the portion of income derived from sources within this state either pursuant to section 143.451 or pursuant to section 32.200 relating to the multistate tax compact. The annual election shall be made by the filing of a corporate income tax return reflecting the use of such election and by filing a copy of the certificate issued by the director pursuant to the provisions of this section and sections 620.1355 and 620.1360 . The annual election may be made regardless of whether the corporation filed its income tax return on a single entity basis or was included in a consolidated income tax return in any year.

3. Notwithstanding the provisions of subsection 2 of this section to the contrary, for all tax years beginning on or after January 1, 2020, an investment funds service corporation or S corporation, certified pursuant to this section and sections 620.1355 and 620.1360 , shall compute the portion of income derived from sources within this state pursuant to section 143.455 .

(L. 1997 2d Ex. Sess. S.B. 1 § 620.1350 subsecs 1, 2, A.L. 2018 S.B. 884)
Mo. Rev. Stat. § 67.1266 — MO Code / Chapter 67 / Section 67.1266
67.1266 Association may begin business, when — no liability for members of ...
Status: in_force

67.1266. Association may begin business, when — no liability for members of association — renewal license fee, annual report and amendments to articles and bylaws filed when. — 1. An association which is licensed may, on the seventh day thereafter, commence to do business. The association shall be a body corporate and shall do business as a corporation.

2. No member of the association shall be liable for any amounts because of its membership in the association other than for assessments as provided in the articles and bylaws of the association.

3. The business of the association shall be conducted so as to preclude any distribution of income, profit or property of the association to the individual members thereof except in payment of claims or indemnities or upon the final dissolution of the association.

4. Annually thereafter, within thirty days before the expiration of its license, each association shall pay a renewal license fee of one hundred dollars and shall file a statement with the director of the department of commerce and insurance giving a report of its activities for the preceding year.

5. Any existing association shall also, at the time it files for renewal of its license, file any amendments to its articles of association or bylaws which have been adopted in the preceding year.

(L. 1998 S.B. 676 § 67.166)
Mo. Rev. Stat. § 417.005 — MO Code / Chapter 417 / Section 417.005
417.005 Definitions.
Status: in_force

417.005. Definitions. — As used in sections 417.005 to 417.066 , unless the text clearly indicates otherwise, the following terms mean:

(1) "Applicant" , the person filing an application for registration of a trademark under sections 417.005 to 417.066 , his legal representatives, successors or assigns;

(2) "Mark" , any trademark or service mark entitled to registration under sections 417.005 to 417.066 whether registered or not;

(3) "Person" , any individual, firm, partnership, corporation, association, union or other organization;

(4) "Registrant" , the person to whom the registration of a trademark under sections 417.005 to 417.066 is issued, his legal representatives, successors or assigns;

(5) "Service mark" , a mark used in the sale or advertising of services to identify the services of one person and distinguish them from the services of others;

(6) "Trademark" , any word, name, symbol, or device or any combination thereof adopted and used by a person to identify goods made or sold by him and to distinguish them from goods made or sold by others;

(7) "Trade name" , a word, name, symbol, device or any combination thereof used by a person to identify his business, vocation or occupation and distinguish it from the business, vocation or occupation of others;

(8) For the purposes of sections 417.005 to 417.066 , a trademark shall be deemed to be "used" in this state (a) on goods when it is placed in any manner on the goods or their containers or on displays or documents associated with the goods or their sale or on the tags or labels affixed thereto and such goods are sold or otherwise distributed in the state, and (b) on services when it is used or displayed in the sale or advertising of services and the services are rendered in this state; and

(9) For the purposes of sections 417.005 to 417.066 , a mark shall be deemed to be "abandoned" when its use has been discontinued with intent not to resume such use. "Intent not to resume" may be inferred from circumstances.

(L. 1973 H.B. 281 § 1, A.L. 1995 S.B. 80 & 88)
Mo. Rev. Stat. § 300.315 — MO Code / Chapter 300 / Section 300.315
300.315 Driving in procession.
Status: in_force

300.315. Driving in procession. — Each driver in a funeral or other procession shall drive as near to the right-hand edge of the roadway as practicable and shall follow the vehicle ahead as close as is practicable and safe.

(L. 1965 p. 445 § 64)
Mo. Rev. Stat. § 198.428 — MO Code / Chapter 198 / Section 198.428
198.428 Medicaid eligibility presumed pending approval or denial of application, when.
Status: in_force

198.428. Medicaid eligibility presumed pending approval or denial of application, when. — If the family support division is unable to make a determination regarding Medicaid eligibility for a resident within sixty days of the submission of a completed application for medical assistance for nursing facility services, the patient shall be Medicaid eligible until the application is approved or denied. However, in no event shall benefits be construed to commence prior to the date of application.

(L. 2003 S.B. 556 & 311, A.L. 2014 H.B. 1299 Revision) Expires 9-30-29; see § 198.439
Mo. Rev. Stat. § 52.361 — MO Code / Chapter 52 / Section 52.361
52.361 Back tax books, duty to prepare.
Status: in_force

52.361. Back tax books, duty to prepare. — It shall be the duty of the county collector in all counties of the first class not having a charter form of government and in class two counties to prepare and keep in the collector's office, electronically or otherwise, back tax books which shall contain and list all delinquent taxes on real and personal property levied and assessed in the county which remain due and unpaid after the first day of January of each year. Such back tax books shall replace and be in lieu of all "delinquent lists" and other back tax books heretofore prepared by the collector or other county officer.

(L. 1951 p. 403, A.L. 1973 H.B. 644, A.L. 2010 H.B. 1316)
Mo. Rev. Stat. § 339.544 — MO Code / Chapter 339 / Section 339.544
339.544 Rulemaking authority.
Status: in_force

339.544. Rulemaking authority. — Any rule or portion of a rule, as that term is defined in section 536.010 , that is promulgated by the commission to administer and enforce sections 339.500 to 339.549 , shall become effective only if the agency has fully complied with all of the requirements of chapter 536 including but not limited to, section 536.028 , if applicable, after August 28, 1998. All rulemaking authority delegated prior to August 28, 1998, is of no force and effect and repealed as of August 28, 1998, however nothing in this act * shall be interpreted to repeal or affect the validity of any rule adopted and promulgated prior to August 28, 1998. If the provisions of section 536.028 apply, the provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028 to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void, except that nothing in this act * shall affect the validity of any rule adopted and promulgated prior to August 28, 1998.

(L. 1998 H.B. 1601, et al.) *"This act" (H.B. 1601, et al., 1998) contained numerous sections. Consult Disposition of Sections table for a definitive listing.
Mo. Rev. Stat. § 82.240 — MO Code / Chapter 82 / Section 82.240
82.240 Parks, cemeteries may be provided for.
Status: in_force

82.240. Parks, cemeteries may be provided for. — It shall be lawful for any such city to make provision in its charter, or by amendment thereof, to acquire and hold by gift, devise, purchase or by the exercise of the power of eminent domain by condemnation proceedings, lands for public use, either within the corporate boundaries of such city or outside of such corporate boundaries, and within the territorial limits of the county in which such city may be situated, for public parks, cemeteries, penal institutions, hospitals, rights-of-way for sewers, or for any other public purpose, and to provide for managing, controlling and policing the same.

(RSMo 1939 § 7638) Prior revisions: 1929 § 7495; 1919 § 8906; 1909 § 9754 (1993) Where city's charter claimed any powers which general assembly had authority to confer, including power of eminent domain within or without its corporate boundaries, city had authority to condemn land outside its territorial municipal boundaries. City of Cape Girardeau v. Jett, 851 S.W.2d 114 (Mo. App. E.D.).
Mo. Rev. Stat. § 407.1329 — MO Code / Chapter 407 / Section 407.1329
407.1329 Repurchase upon termination of agreement.
Status: in_force

407.1329. Repurchase upon termination of agreement. — If the RV dealer agreement is terminated, cancelled, or not renewed by the manufacturer for cause, or if the dealer voluntarily terminates an RV dealer agreement in a manner permitted by such agreement, or if the manufacturer terminates or discontinues a franchise by discontinuing a line-make or by ceasing to do business in this state, or if the manufacturer changes the distributor or method of distribution of its products in this state or alters its sales regions or marketing areas within this state in a manner that eliminates or diminishes the dealer's market area, the manufacturer shall, at the election of the RV dealer, within thirty days of termination, repurchase:

(1) All new, untitled recreation vehicle inventory, acquired from the manufacturer in the previous eighteen months, which has not been altered or damaged to the extent that such damage must be disclosed to the consumer pursuant to section 407.1343 , at one hundred percent of the net invoice cost, including transportation, less applicable rebates and discounts to the dealer;

(2) All current and undamaged manufacturer's accessories and proprietary parts sold to the dealer for resale, if accompanied by the original invoice, at one hundred five percent of the original net price paid to the manufacturer to compensate the dealer for handling, packing, and shipping the parts; and

(3) Any fully and correctly functioning diagnostic equipment, special tools, current signage and other equipment and machinery, at one hundred percent of the dealer's net cost plus freight, destination, delivery and distribution charges and sales taxes, if any, provided it was purchased by the dealer within five years before termination and upon the manufacturer's request and can no longer be used in the normal course of the dealer's ongoing business.

The manufacturer shall pay the dealer within thirty days of receipt of all items returned for repurchase under this section.

(L. 2001 H.B. 575, A.L. 2020 H.B. 1963)
Mo. Rev. Stat. § 382.280 — MO Code / Chapter 382 / Section 382.280
382.280 Director to take possession, when.
Status: in_force

382.280. Director to take possession, when. — Whenever it appears to the director that any person has committed a violation of sections 382.010 to 382.300 which so impairs the financial condition of a domestic insurer as to threaten insolvency or make the further transaction of business by it hazardous to its policyholders, creditors, shareholders or the public, then the director may proceed as provided by law to take possession of the property of such domestic insurer and to conduct the business thereof.

(L. 1971 S.B. 101 § 31)
Mo. Rev. Stat. § 408.810 — MO Code / Chapter 408 / Section 408.810
408.810 Compliance with federal American Savings Promotion Act.
Status: in_force

408.810. Compliance with federal American Savings Promotion Act. — Eligible financial institutions that choose to offer savings promotion programs shall comply with the requirements of the American Savings Promotion Act and the regulations promulgated by the federal prudential regulators of the eligible financial institutions applicable to the savings promotion program.

(L. 2016 H.B. 2125 § 408.820 merged with S.B. 833 § 408.820)
Mo. Rev. Stat. § 143.261 — MO Code / Chapter 143 / Section 143.261
143.261 Compensation.
Status: in_force

143.261. Compensation. — For every remittance to the director of revenue made on or before the date the remittance becomes due, the employer, other than the United States and its agencies, the state of Missouri and political subdivisions thereof, may deduct and retain the following percentages of the total amount of tax withheld and paid in each calendar year:

(1) Two percent of five thousand dollars or less;

(2) One percent of amount collected in excess of five thousand dollars and up to and including ten thousand dollars;

(3) One-half percent of amount collected in excess of ten thousand dollars.

(L. 1972 S.B. 549) Effective 1-1-73, see § 143.109
Mo. Rev. Stat. § 295.160 — MO Code / Chapter 295 / Section 295.160
295.160 Appointment of representatives by board when not designated by parties.
Status: in_force

295.160. Appointment of representatives by board when not designated by parties. — 1. In the event either management of the utility involved or the representatives of the employees for collective bargaining purposes shall fail or neglect to designate, as herein provided, such a person to represent it upon the panel or the two so designated shall fail to agree upon the third member of the panel, within ten days after the date fixed for the termination of such contract, agreement or understanding or upon failure to file such designations or any of them with the state board of mediation within said ten-day period, the state board of mediation shall appoint such person or persons, selecting in each case a person qualified by previous experience or employment to represent employers, employees or the public as the case may require.

2. Should both management and the representatives of the employees fail or neglect to designate representatives upon said panel within the time herein required, then the state board of mediation shall appoint a panel of three persons, to be selected as follows: One to represent management of the utility, giving the management forty-eight hours to select its preference from a list of five persons submitted by the board to the management before designating such person; one to represent the employees involved, giving their representative forty-eight hours to select their preference from a list of five persons submitted by the board to such representative, before designating such person; and one to act as the impartial third person. Failure on the part of either party to make such selection shall not prevent the board from appointing the members of the panel from the lists submitted.

(L. 1947 V. I p. 358 § 18)
Mo. Rev. Stat. § 208.198 — MO Code / Chapter 208 / Section 208.198
208.198 Same or similar services, equal reimbursement rate required.
Status: in_force

208.198. Same or similar services, equal reimbursement rate required. — Subject to appropriations, the department of social services shall establish a rate for the reimbursement of physicians and optometrists for services rendered to patients under the MO HealthNet program which provides equal reimbursement for the same or similar services rendered.

(L. 2010 S.B. 754 merged with S.B. 842, et al.)
Mo. Rev. Stat. § 175.040 — MO Code / Chapter 175 / Section 175.040
175.040 Board to organize and have same powers as curators of state University of ...
Status: in_force

175.040. Board to organize and have same powers as curators of state University of Missouri. — It is hereby provided that the board of curators of the Lincoln University shall organize after the manner of the board of curators of the state University of Missouri; and it is further provided, that the powers, authority, responsibilities, privileges, immunities, liabilities and compensation of the board of curators of the Lincoln University shall be the same as those prescribed by statute for the board of curators of the state University of Missouri, except as stated in this chapter.

(RSMo 1939 § 10778) Prior revision: 1929 § 9621 CROSS REFERENCE: Power to sue and be sued, perpetual succession, power to hold real estate, 172.020
Mo. Rev. Stat. § 475.339 — MO Code / Chapter 475 / Section 475.339
475.339 Nonresident domiciliary guardian or conservator.
Status: in_force

475.339. Nonresident domiciliary guardian or conservator. — Notwithstanding any other provision of law, a domiciliary guardian, committee, curator or conservator of a nonresident person, although a nonresident of this state or a corporation of another state or country, whether or not authorized to do business in this state, may act as such domiciliary guardian or conservator in this state under sections 475.335 and 475.336 and may be appointed and act as local guardian or conservator under section 475.030 .

(L. 1983 S.B. 44 & 45)
Mo. Rev. Stat. § 374.020 — MO Code / Chapter 374 / Section 374.020
374.020 Director — qualifications — appointment.
Status: in_force

374.020. Director — qualifications — appointment. — 1. The chief officer of said department shall be designated as the director of the department of commerce and insurance. He shall be a citizen of this state, and experienced in matters of insurance, and be appointed by the governor, by and with the advice and consent of the senate, and shall hold his office concurrently with that of the governor and until his successor is appointed and qualified, and shall be subject to removal from office by the governor at his pleasure.

2. If a vacancy shall at any time occur, the same shall be filled by the governor, by appointment, subject to the confirmation of the senate, if in session; if not, then at its next session.

3. It shall not be lawful for the director or his deputy to hold any position as officer, agent or employee of any insurance or assurance company, nor shall he otherwise be directly or indirectly interested in any insurance company, except as a policyholder.

(RSMo 1939 § 5781, A.L. 1949 p. 300) Prior revisions: 1929 § 5671; 1919 § 6083; 1909 § 6878