FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 104.260 — MO Code / Chapter 104 / Section 104.260
104.260 Members retiring after October 1, 1984, may be made consultants, when, ...
Status: in_force

104.260. Members retiring after October 1, 1984, may be made consultants, when, procedure — compensation to be exempt from taxes, judgments, claims — unassignability. — 1. Any member who retired prior to October 1, 1984, and who elected at that time to take the option of a reduced benefit during his life and a survivor's benefit for his spouse after his death shall, upon application, be made consultant on the problems of retirement, aging, and maintaining a spouse on reduced benefit, and upon the request of the board, shall give opinions and be available to give opinions, in writing or orally, in response to such requests by the board. As compensation for the services required by this section, such person shall be compensated in an amount which, when added to the benefits received by him, is equal to the amount he would have received had he retired on the date of his application to be made a consultant under the provisions of this section and had elected the option of his choice pursuant to the provisions of subsection 3 of section 104.090 .

2. The employment provided for by this section shall in no way affect any person's eligibility for retirement or survivor benefits under this chapter, or in any way have the effect of reducing any retirement or survivor benefits, anything to the contrary notwithstanding.

3. The compensation provided for in this section shall be treated as any other state retirement benefits, payable by the transportation department employees' and highway patrol retirement system and are exempt from any tax of any political subdivision of the state, and shall not be subject to execution, garnishment, attachment, writ of sequestration, or any other process or claim whatsoever, and shall be unassignable, anything to the contrary notwithstanding.

(L. 1987 H.B. 713, A.L. 1992 S.B. 499, et al.)
Mo. Rev. Stat. § 407.638 — MO Code / Chapter 407 / Section 407.638
407.638 Prohibited activities.
Status: in_force

407.638. Prohibited activities. — A credit services organization, a salesperson, agent or representative of a credit services organization, or an independent contractor who sells or attempts to sell the services of a credit services organization may not:

(1) Charge a buyer or receive from a buyer money or other valuable consideration before completing performance of all services the credit services organization has agreed to perform for the buyer, unless the credit services organization has obtained in accordance with section 407.639 a surety bond in the amount required by subsection 4 of section 407.639 , issued by a surety company authorized to do business in this state, or has established and maintained a surety account at a federally insured bank or savings and loan association located in this state in which the amount required by subsection 5 of section 407.639 is held in trust as required by section 407.639 ;

(2) Charge a buyer or receive from a buyer money or other valuable consideration solely for referral of the buyer to a retail seller who will or may extend credit to the buyer if the credit that is or will be extended to the buyer is substantially the same as that available to the general public;

(3) Make or use a false or misleading representation in the offer or sale of the services of a credit services organization, including:

(a) Guaranteeing to "erase bad credit" or words to that effect unless the representation clearly discloses that this can be done only if the credit history is inaccurate or obsolete; and

(b) Guaranteeing an extension of credit regardless of the person's previous credit problem or credit history unless the representation clearly discloses the eligibility requirements for obtaining an extension of credit;

(4) Engage, directly or indirectly, in a fraudulent or deceptive act, practice or course of business in connection with the offer or sale of the services of a credit services organization;

(5) Make, or advise a buyer to make, a statement with respect to a buyer's credit worthiness, credit standing, or credit capacity that is false or misleading or that should be known by the exercise of reasonable care to be false or misleading, to a consumer reporting agency or to a person who has extended credit to a buyer or to whom a buyer is applying for an extension of credit;

(6) Advertise or cause to be advertised, in any manner whatsoever, the services of a credit services organization without filing a registration statement with the director of finance, unless otherwise provided by this chapter.

(L. 1991 S.B. 112 § 3)
Mo. Rev. Stat. § 137.981 — MO Code / Chapter 137 / Section 137.981
137.981 Administrative and judicial review procedure authorized for private car ...
Status: in_force

137.981. Administrative and judicial review procedure authorized for private car companies. — Administrative review of the original assessments of private car companies shall be provided in the same manner as specified in section 138.420 . Any private car company aggrieved by the decision of the commission may, if it has participated in administrative review, seek judicial review as provided in chapter 536 .

(L. 1994 H.B. 1161 § 137.022 subsec. 6) Effective 5-13-94
Mo. Rev. Stat. § 198.058 — MO Code / Chapter 198 / Section 198.058
198.058 Certain facilities exempt from construction standards, when.
Status: in_force

198.058. Certain facilities exempt from construction standards, when. — Any facility licensed under chapter 197 or chapter 198 , which is in operation before September 28, 1979, or whose application is on file, or whose construction plans have been approved by the department before September 28, 1979, shall be exempt from construction standards developed by the department subsequent to the date such facility became first licensed and including those construction standards developed after September 28, 1979, for buildings or other physical units which were in existence or under construction on September 28, 1979. Such facilities shall be licensed in accordance with all other standards and regulations promulgated under sections 198.003 to 198.096 .

(L. 1979 S.B. 328, et al. § 19, A.L. 2010 H.B. 1965)
Mo. Rev. Stat. § 196.1100 — MO Code / Chapter 196 / Section 196.1100
196.1100 Trust fund established, purpose — reversion to general revenue prohibited.
Status: in_force

196.1100. Trust fund established, purpose — reversion to general revenue prohibited. — 1. There is hereby established in the state treasury the "Life Sciences Research Trust Fund" to be held separate and apart from all other public moneys and funds of the state, including but not limited to the tobacco securitization settlement trust fund established in section 8.550 . The state treasurer shall deposit into the fund twenty-five percent of all moneys received from the master settlement agreement, as defined in section 196.1000 , beginning in fiscal year 2007 and in perpetuity thereafter. Moneys in the fund shall not be subject to appropriation for purposes other than those provided in sections 196.1100 to 196.1130 without a majority vote in each house of the general assembly. All moneys in the fund shall be used for the purposes of sections 196.1100 to 196.1130 only. Notwithstanding the provisions of section 33.080 to the contrary, the moneys in the fund shall not revert to the credit of general revenue at the end of the biennium.

2. Moneys in the life sciences research trust fund shall be used strategically, in cooperation with other governmental and not-for-profit private entities, to enhance the capacity of the state of Missouri's ability to perform research to better serve the health and welfare of the residents of the state of Missouri as a center of life sciences research and development by building on the success of research institutions located in Missouri, creating in and attracting to Missouri new research and development institutions, commercializing the life sciences technologies developed by such institutions, and enhancing their capacity to carry out their respective missions.

(L. 2003 H.B. 688)
Mo. Rev. Stat. § 190.296 — MO Code / Chapter 190 / Section 190.296
190.296 Board may borrow money and issue bonds — ballot language — duration of ...
Status: in_force

190.296. Board may borrow money and issue bonds — ballot language — duration of loans, rate of interest (Warren County). — 1. For the purpose of purchasing any property or equipment necessary or incidental to the operation of central dispatching of emergency services, the board may borrow money and issue bonds for the payment thereof in the manner provided herein. The question of the loan shall be decided by the submission of the question to the eligible voters of the county at the first municipal election held in a calendar year.

2. The question shall be submitted in substantially the following form:

Shall the ______ emergency services board borrow money in the amount of ______ dollars for the purpose of ______ and issue bonds for the payment thereof?

3. If the constitutionally required percentage of the votes cast are for the loan, the board shall, subject to the restrictions of subsection 4 of this section, be vested with the power to borrow money in the name of the board, to the amount and for the purposes specified on the ballot, and issue the bonds of the board for the payment thereof.

4. The loans authorized by this section shall not be contracted for a period longer than twenty years, and the entire amount of the loan shall at no time exceed, including the existing indebtedness of the board, in the aggregate, ten percent of the value of taxable tangible property therein, as shown by the last completed assessment for state and county purposes, the rate of interest to be agreed upon by the parties, but in no case to exceed the highest legal rate allowed by contract; when effected, it shall be the duty of the directors to direct a portion of the tax collected pursuant to section 190.292 in an amount sufficient to pay the interest on the indebtedness as it falls due, and also to constitute a sinking fund for the payment of the principal thereof within the time the principal becomes due.

5. This section shall only apply to any county of the third classification without a township form of government and with more than twenty-four thousand five hundred but less than twenty-four thousand six hundred inhabitants.

(L. 2004 S.B. 1329 § 190.348)
Mo. Rev. Stat. § 42.027 — MO Code / Chapter 42 / Section 42.027
42.027 Services to veterans to be free of charge — violation, penalty.
Status: in_force

42.027. Services to veterans to be free of charge — violation, penalty. — The commission, its members, the executive director and all other commission employees shall not, for themselves, accept, receive or charge any money, article or thing of value for the performance of any service rendered to veterans, their dependents or legal representatives, at any time or in any manner. Any person who violates this section is guilty of a class A misdemeanor.

(L. 1989 H.B. 850)
Mo. Rev. Stat. § 435.445 — MO Code / Chapter 435 / Section 435.445
435.445 Act not retroactive.
Status: in_force

435.445. Act not retroactive. — Sections 435.350 to 435.470 apply only to agreements made subsequent to the taking effect of sections 435.350 to 435.470 .

(L. 1980 H.B. 1203 § 20)
Mo. Rev. Stat. § 180.080 — MO Code / Chapter 180 / Section 180.080
180.080 Librarian may purchase, sell and exchange law books and reports.
Status: in_force

180.080. Librarian may purchase, sell and exchange law books and reports. — The librarian shall, under the direction of the judges of the supreme court, purchase such books as they may require, and place the same in the law library; and under the direction of such judges, he may sell or exchange any surplus or duplicate law books or reports.

(RSMo 1939 § 14718, A.L. 1945 p. 1129 § 14717) Prior revisions: 1929 § 13418; 1919 § 7161; 1909 § 8157
Mo. Rev. Stat. § 473.313 — MO Code / Chapter 473 / Section 473.313
473.313 Action for specific performance — proceedings in probate division of ...
Status: in_force

473.313. Action for specific performance — proceedings in probate division of circuit court. — A party entitled to specific execution of a contract for the conveyance of real estate shall proceed in the probate division of the circuit court under sections 473.303 and 473.307 .

(L. 1955 p. 385 § 120, A.L. 1957 p. 829, A.L. 1978 H.B. 1634) Effective 1-02-79
Mo. Rev. Stat. § 632.010 — MO Code / Chapter 632 / Section 632.010
632.010 Responsibilities, powers, functions and duties of division.
Status: in_force

632.010. Responsibilities, powers, functions and duties of division. — 1. The "Division of Comprehensive Psychiatric Services" is hereby created within the department of mental health. The division shall have the responsibility of insuring that division prevention, evaluation, treatment and rehabilitation services are accessible, wherever possible. The division shall have and exercise supervision of division residential facilities, day programs and other specialized services operated by the department and oversight over facilities, programs and services funded or licensed by the department.

2. The powers, functions and duties of the division shall include the following:

(1) Provision of funds for the planning and implementation of accessible programs to prevent and alleviate mental disorders and mental illness;

(2) Review of comprehensive psychiatric service plans submitted to receive state and federal funds allocated by the department;

(3) Provision of technical assistance and training to community-based programs to assist in planning and implementing quality services;

(4) Assurance of program quality in compliance with such appropriate standards as may be established by the department;

(5) Sponsorship and encouragement of research into the causes, effects, prevention, treatment and rehabilitation of mental disorders and mental illness;

(6) Provision of public information relating to mental disorders and mental illness;

(7) Cooperation with nonstate governmental agencies and the private sector in establishing, conducting, integrating and coordinating facilities, programs, projects and services for persons affected by mental disorders or mental illness;

(8) Participation in developing and implementing a statewide plan to prevent and alleviate mental disorders and mental illness and to overcome the barriers to the treatment and rehabilitation of persons chronically affected by mental disorders or mental illness;

(9) Encouragement of coordination of division services with other divisions of the department and other state agencies, where appropriate;

(10) Encouragement of the utilization, support, assistance and dedication of volunteers to participate in the treatment and rehabilitation of persons affected by mental disorders or mental illness or to persuade such persons to voluntarily seek appropriate services to alleviate their disorders or illness;

(11) Evaluation, or the requirement of the evaluation, including the collection of appropriate and necessary information, of division programs to determine their cost-and-benefit effectiveness;

(12) Participation in developing standards for residential facilities, day programs and specialized services operated, funded or licensed by the department for persons affected by mental disorders or mental illness.

(L. 1980 H.B. 1724)
Mo. Rev. Stat. § 160.2725 — MO Code / Chapter 160 / Section 160.2725
160.2725 Rulemaking authority.
Status: in_force

160.2725. Rulemaking authority. — The department of social services may promulgate rules to implement the provisions of sections 160.2700 to 160.2720 . Any rule or portion of a rule, as that term is defined in section 536.010 , that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028 . This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2017, shall be invalid and void.

(L. 2017 H.B. 93, A.L. 2023 H.B. 417 merged with H.B. 447)
Mo. Rev. Stat. § 198.177 — MO Code / Chapter 198 / Section 198.177
198.177 Compelling of testimony — grant of immunity, when.
Status: in_force

198.177. Compelling of testimony — grant of immunity, when. — 1. In any investigation or proceeding under sections 198.139 to 198.186 in which any person has been or may be called to testify, produce evidence or provide other information by means of a subpoena or before a court or grand jury, if the person refuses to answer any question or produce evidence or material of any kind on the ground that he may be incriminated thereby, the director of the fraud investigation division may, in writing, request the circuit court of the county in which the proceeding is held to order the person to answer the question or produce the evidence. Upon receipt of the request, the court shall hold a hearing on said written request after written notice to the person specifying the nature of the request and the time and place of the hearing, and advising the person of his right to be present and his right to counsel at such hearing. At the hearing the director of the fraud investigation division and the person may participate. The burden of proof is on the director of the division to demonstrate to the court (1) the necessity for and (2) the reasonableness of the request to order the person to answer the question or produce the evidence or both. If the court is satisfied that such burden has been met, it may issue an order requiring the person to answer the questions or produce the evidence, or both, which he refuses to give or produce on the basis of his privilege against self-incrimination. If the court believes such burden has not been met, it shall dismiss the request. When the order is communicated to the person, the person may not refuse to comply with the order on the basis of his privilege against self-incrimination. After complying with the order and giving the testimony or producing the evidence, no testimony or other evidence or information obtained or any information directly or indirectly derived from the testimony or evidence may be used against the person in any proceeding or prosecution for any offense concerning which he gave answer or produced evidence under court order, except a prosecution for perjury, false swearing or contempt committed in answering or failing to answer, or in the producing or failing to produce evidence in accordance with the order.

2. If any person refuses to testify after being granted immunity from prosecution under sections 198.139 to 198.186 and after being ordered to testify or produce evidence, the court may find the person in contempt.

(L. 1979 S.B. 328, et al. § 57) Effective 7-1-79
Mo. Rev. Stat. § 411.020 — MO Code / Chapter 411 / Section 411.020
411.020 Application of law — construction of laws governing warehouse receipts.
Status: in_force

411.020. Application of law — construction of laws governing warehouse receipts. — 1. The provisions of this chapter shall apply to the grain stored in or handled through a warehouse, or designated part thereof, as well to the operations of such warehouse whether or not any part of such grain is owned by the warehouseman.

2. The provisions of the uniform commercial code relating to warehouse receipts and other documents of title shall govern warehouse receipts issued by public warehousemen licensed under the provisions of this chapter, except to the extent inconsistent with the express provisions of this chapter.

(L. 1941 p. 373 § 49, A.L. 1965 p. 606, A.L. 1977 S.B. 75, A.L. 1980 S.B. 601, A.L. 1986 H.B. 1578) Effective 4-22-86 (1981) As bearing upon Bankruptcy Code provision that filing of petition in bankruptcy does not operate as automatic stay of proceedings by a governmental unit to enforce its police or regulatory power. Missouri's grain laws primarily relate to protection of pecuniary interest in debtors' property and not to public health and safety, and as such do not fall within "police or regulatory power" exception to automatic stay. State of Missouri v. U.S. Bankruptcy Court, etc. (8th Cir.), 647 F.2d 768.
Mo. Rev. Stat. § 429.180 — MO Code / Chapter 429 / Section 429.180
429.180 Pleadings as in other civil cases.
Status: in_force

429.180. Pleadings as in other civil cases. — The pleadings, practice, process and other proceedings in cases arising under sections 429.010 to 429.340 shall be the same as in ordinary civil actions and proceedings in circuit courts, except as herein otherwise provided. The petition, among other things, shall allege the facts necessary for securing a lien under said sections, and shall contain a description of the property charged therewith.

(RSMo 1939 § 3554) Prior revisions: 1929 § 3164; 1919 § 7224; 1909 § 8220 (1956) While inaccurate, loose or general descriptions of property against which a lien is claimed have been declared sufficient, the judgment must accurately describe the land subject to the lien. Hertel Electric Co. v. Gabriel (A.), 292 S.W.2d 95.
Mo. Rev. Stat. § 379.595 — MO Code / Chapter 379 / Section 379.595
379.595 Additional requirements of articles of association.
Status: in_force

379.595. Additional requirements of articles of association. — 1. If such company be a stock company, then the articles of association shall set forth, in addition to the requirements of section 379.590 , the amount of capital stock, the number of shares in which it shall have been divided, and the amount which has been paid upon each share, and if the capital stock is less than that required by general statutes, it shall be increased to at least that amount.

2. If such company be a mutual company, its articles of association shall set forth, in addition to what is required by section 379.590 , the number of policyholders, the amount of premium notes, their face value, the amount of assessments paid thereon, and in all cases the amount of cash and other assets, itemized, held and owned by such company; provided, that the aggregate amount of the assets shall not be of less value than required by new companies organizing under the insurance statutes of this state concerning mutual companies.

(RSMo 1939 § 5943) Prior revisions: 1929 § 5832; 1919 § 6242; 1909 § 7033
Mo. Rev. Stat. § 351.210 — MO Code / Chapter 351 / Section 351.210
351.210 Paid-in surplus — its distribution and restrictions.
Status: in_force

351.210. Paid-in surplus — its distribution and restrictions. — 1. Paid-in surplus, whether created by reduction of stated capital or otherwise, may be distributed in cash or in kind to the shareholders entitled thereto, subject to the following restrictions:

(1) No such distribution shall be made to any class of shareholders unless all cumulative dividends accrued on preferred or special classes of shares entitled to preferred dividends shall have been fully paid;

(2) No such distribution shall be made to any class of shareholders when the net assets are less than its stated capital or when such distribution would reduce the net assets below the stated capital.

2. The corporation may by resolution of its board of directors apply any part or all of its paid-in surplus to the reduction or elimination of any deficit arising from operating or other losses, or from diminution in value of its assets.

(L. 1943 p. 410 § 61, A.L. 1945 p. 696, A.L. 2013 H.B. 498)