FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 198.132 — MO Code / Chapter 198 / Section 198.132
198.132 Accounting by receiver, when — contents — liability for deficiency — ...
Status: in_force

198.132. Accounting by receiver, when — contents — liability for deficiency — priority of deficiency judgment. — 1. Within thirty days after termination or such other time as the court may set, the receiver shall give the court a complete accounting of all property of which the receiver has taken possession, of all funds collected under section 198.108 and of the expenses of the receivership.

2. If the operating funds collected by the receiver under section 198.112 exceed the reasonable expenses of the receivership, the court shall order the payment of the surplus to the operator. If the operating funds are insufficient to cover reasonable expenses of the receivership, the operator shall be liable for the deficiency. The operator may apply to the court to determine the reasonableness of any expense of the receivership. The operator shall not be responsible for expenses in excess of what the court finds to be reasonable.

3. If a deficiency exists under subsection 2 of this section, the receiver may apply to the court for such a determination. If after notice to all interested parties and a hearing the court finds that in fact a deficiency does exist, then the court shall enter judgment in favor of the receiver and against the appropriate party or parties as set forth in subsection 2 of this section for the amount of such deficiency. Any judgment obtained under this subsection shall be treated as any other judgment and may be enforced according to law.

4. Any judgment for a deficiency obtained in accordance with this section by the receiver or any portion thereof may be assigned wholly or in part upon approval of the court.

5. The judgment shall have priority over any other judgment or lien or other interest which originates subsequent to the filing of a petition for receivership under the provisions of sections 198.099 to 198.136 except for a construction or mechanic's lien arising out of work performed with the express consent of the receiver.

(L. 1979 S.B. 328, et al. § 43) Effective 7-1-79
Mo. Rev. Stat. § 256.607 — MO Code / Chapter 256 / Section 256.607
256.607 Well installation contractor, permit — heat pump installation contractor, ...
Status: in_force

256.607. Well installation contractor, permit — heat pump installation contractor, permit. — 1. No person may engage in business in this state as a well installation contractor unless he has obtained from the division a permit to conduct such business or businesses.

2. Nothing in sections 256.600 to 256.640 shall prevent a person who has not obtained a permit pursuant to sections 256.600 to 256.640 from constructing a well on his own or leased property intended for use only in a single-family house which is his permanent residence, or intended for use only for farming purposes on his farm, and where the waters to be produced are not intended for use by the public or in any residence other than his own. Such person shall comply with all rules and regulations as to construction of wells adopted under sections 256.600 to 256.640 .

3. Any well installation contractor or pump installation contractor acting as the primary contractor in the construction, alteration, major repair or abandonment of any well shall be required to obtain a permit from the division and comply with all rules and regulations promulgated pursuant to sections 256.600 to 256.640 .

4. Any heat pump installation contractor or monitoring well installation contractor shall obtain a permit from the division and comply with all rules and regulations pursuant to sections 256.600 to 256.640 .

(L. 1985 S.B. 281 § 3, A.L. 1991 S.B. 221)
Mo. Rev. Stat. § 402.146 — MO Code / Chapter 402 / Section 402.146
402.146 Uniformity of law to be considered in application of law.
Status: in_force

402.146. Uniformity of law to be considered in application of law. — In applying and construing sections 402.130 to 402.148 , consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

(L. 2009 H.B. 239)
Mo. Rev. Stat. § 265.515 — MO Code / Chapter 265 / Section 265.515
265.515 Rules of director, ratification of.
Status: in_force

265.515. Rules of director, ratification of. — All rules and regulations promulgated by the director of the department of agriculture under the terms of sections 265.500 to 265.515 shall stand ratified unless rescinded by the general assembly by bill or concurrent resolution.

(L. 1975 S.B. 57 § 5) CROSS REFERENCE: Rules, procedure for making and rescinding, Chap. 536
Mo. Rev. Stat. § 475.604 — MO Code / Chapter 475 / Section 475.604
475.604 Delegation form, contents.
Status: in_force

475.604. Delegation form, contents. — Any form for the delegation of powers authorized under section 475.602 shall be witnessed by a notary public and contain the following information:

(1) The full name of any child for whom parental and legal authority is being delegated;

(2) The date of birth of any child for whom parental and legal authority is being delegated;

(3) The full name and signature of the attorney-in-fact;

(4) The address and telephone number of the attorney-in-fact;

(5) The full name and signature of the parent or legal guardian;

(6) One of the following statements:

(a) "I delegate to the attorney-in-fact all of my power and authority regarding the care, custody, and property of each minor child named above including, but not limited to, the right to enroll the child in school, inspect and obtain copies of education and other records concerning the child, the right to give or withhold any consent or waiver with respect to school activities, medical and dental treatment, and any other activity, function, or treatment that may concern the child. This delegation shall not include the power or authority to consent to marriage or adoption of the child, the performance or inducement of an abortion on or for the child, or the termination of parental rights to the child."; or

(b) "I delegate to the attorney-in-fact the following specific powers and responsibilities (insert list). This delegation shall not include the power or authority to consent to marriage or adoption of the child, the performance or inducement of an abortion on or for the child, or the termination of parental rights to the child."; and

(7) A description of the time for which the delegation is being made and an acknowledgment that the delegation may be revoked at any time.

(L. 2018 S.B. 819)
Mo. Rev. Stat. § 475.385 — MO Code / Chapter 475 / Section 475.385
475.385 Administrator as party in interest.
Status: in_force

475.385. Administrator as party in interest. — 1. The administrator shall be a party in interest in any proceeding for the appointment or removal of a guardian or for the removal of the disability of minority or mental incapacity of a ward, and in any suit or other proceeding affecting in any manner the administration by the guardian of the estate of any present or former ward whose estate includes assets derived in whole or in part from benefits heretofore or hereafter paid by the Veterans Administration.

2. Not less than fifteen days prior to hearing in such matter, notice in writing of the time and place thereof shall be given by mail (unless waived in writing) to the office of the Veterans Administration having jurisdiction over the area in which any such suit or any such proceeding is pending.

(L. 1947 V. I p. 4 § 2)
Mo. Rev. Stat. § 281.300 — MO Code / Chapter 281 / Section 281.300
281.300 Seizure and condemnation of unlawful pesticides — director's powers and duties.
Status: in_force

281.300. Seizure and condemnation of unlawful pesticides — director's powers and duties. — 1. Any pesticide that is distributed, sold, offered for sale, or held for sale within this state, or which is delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state, shall be liable to be proceeded against in any circuit court in any county of this state where it may be found for purposes of confiscation and condemnation:

(1) If it is adultered or misbranded;

(2) If it has not been registered under the provisions of sections 281.210 to 281.310 ; or

(3) If it fails to bear on its label the information required by sections 281.210 to 281.310 .

2. If the pesticide is condemned as the result of court action, it shall, after entry of decree, be disposed of by destruction, or sale, as the court may direct, and the proceeds, if such pesticide is sold, less legal costs, shall be paid to the state treasurer; provided, that, the pesticide shall not be sold contrary to the provisions of sections 281.210 to 281.310 ; and provided further, that upon payment of costs of execution and delivery of a good and sufficient bond conditioned upon the promise that the pesticide shall not be disposed of unlawfully, the court may direct that such pesticide be delivered to the owner thereof for relabeling or reprocessing, as the case may be.

3. When the director has reasonable cause to believe any pesticide is being distributed in violation of any of the provisions of sections 281.210 to 281.310 , or of any of the prescribed rules promulgated pursuant to sections 281.210 to 281.310 , he may issue and enforce a written or printed "stop sale, use or removal" order, warning the owner or custodian of any such pesticide or device not to dispose of the pesticide or device in any manner until written permission is given by the director or the court. If the owner or custodian is not available for service of the order upon him, the director may attach the order to the pesticide or device and notify the owner or custodian and the registrant. The director shall release the pesticide so withdrawn when such provisions and rules have been complied with. If compliance is not obtained within thirty days, the director may begin or, upon request of the distributor or registrant, shall begin, proceedings for condemnation.

4. When a decree of condemnation is entered against the pesticide, court costs and fees and storage and other proper expenses shall be awarded against the person, if any, intervening as claimant of the pesticide.

(L. 1955 p. 26 § 9, A.L. 1978 H.B. 1634, A.L. 1982 H.B. 1514 §§ 263.350, 263.360)
Mo. Rev. Stat. § 569.160 — MO Code / Chapter 569 / Section 569.160
569.160 Burglary in the first degree — penalty.
Status: in_force

569.160. Burglary in the first degree — penalty. — 1. A person commits the offense of burglary in the first degree if he or she knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure for the purpose of committing an offense therein, and when in effecting entry or while in the building or inhabitable structure or in immediate flight therefrom, the person or another participant in the offense:

(1) Is armed with explosives or a deadly weapon; or

(2) Causes or threatens immediate physical injury to any person who is not a participant in the crime; or

(3) There is present in the structure another person who is not a participant in the crime.

2. The offense of burglary in the first degree is a class B felony.

(L. 1977 S.B. 60, A.L. 2014 S.B. 491) Effective 1-01-17 (1998) Criminal is armed upon equipping himself with a weapon for the purpose of stealing it. State v. Crews, 968 S.W.2d 763 (Mo.App. E.D.)
Mo. Rev. Stat. § 92.050 — MO Code / Chapter 92 / Section 92.050
92.050 Back tax books.
Status: in_force

92.050. Back tax books. — Back tax books in cities of seven hundred thousand inhabitants or more shall be made at the time and in the manner provided by sections 140.050 and 140.060 . The back tax book when completed shall be delivered by the register to the comptroller, who shall deliver the same to the collector of such city, taking triplicate receipts therefor, one to be filed in his office, one with the director of revenue, and one with the auditor of such city.

(RSMo 1939 §§ 7737, 7738, A. 1949 H.B. 2040) Prior revisions: 1929 §§ 7589, 7590; 1919 §§ 8999, 9000; 1909 §§ 9850, 9851 CROSS REFERENCE: Delinquent tax list, uncollected bills to be returned in St. Louis, 140.050
Mo. Rev. Stat. § 595.055 — MO Code / Chapter 595 / Section 595.055
595.055 Services for victims not provided, when.
Status: in_force

595.055. Services for victims not provided, when. — No service may be provided under section 595.050 if the victim of crime:

(1) Was the perpetrator or a principal or accessory involved in the commission of the crime for which he otherwise would have been eligible for assistance under the provisions of section 595.050 ; or

(2) Is injured as a result of the operation of a motor vehicle, boat or airplane unless the same was used as a weapon in a deliberate attempt to inflict personal injury upon any person or unless the victim is injured as a result of the crime of driving while intoxicated or vehicular manslaughter.

(L. 1981 H.B. 41, et al. § 10, A.L. 1992 S.B. 457, A.L. 2018 H.B. 1355)
Mo. Rev. Stat. § 351.910 — MO Code / Chapter 351 / Section 351.910
351.910 Payment for fair value of shares.
Status: in_force

351.910. Payment for fair value of shares. — 1. Except as provided in section 351.920 , immediately following the later of the effective date of the corporate action creating the dissenters' rights, or receipt of a payment demand, the corporation shall pay each dissenter who complied with section 351.900 the amount the corporation estimates to be the fair value of his shares.

2. The payment shall be accompanied by:

(1) The corporation's balance sheet as of the end of a fiscal year ending not more than sixteen months before the effective date of the corporate action creating the dissenters' rights, an income statement for that year, a statement of changes in shareholders' equity for that year, and the latest available interim financial statements, if any;

(2) A statement of the corporations' estimate of the fair value of the shares;

(3) A statement of the dissenters' right to demand payment under section 351.925 ; and

(4) A copy of sections 351.870 to 351.930 .

(L. 1990 H.B. 1432)
Mo. Rev. Stat. § 233.035 — MO Code / Chapter 233 / Section 233.035
233.035 Duty of county clerk after adoption.
Status: in_force

233.035. Duty of county clerk after adoption. — The county clerk of any county in which said special road district may be organized shall, within five days after the adoption of the provisions of sections 233.010 to 233.165 by the voters of any such special road district, notify the mayor and members of the city council of any city within such special road district and the commissioners of the county commission of such fact, and call them to meet in the commission meeting room at a specified time within five days from such notice, for the purpose of appointing special road district commissioners as above provided.

(RSMo 1939 § 8676, A.L. 1986 H.B. 1554 Revision) Prior revisions: 1929 § 8027; 1919 § 10803; 1909 § 10579
Mo. Rev. Stat. § 161.112 — MO Code / Chapter 161 / Section 161.112
161.112 Commissioner of education — appointment — qualifications — compensation — ...
Status: in_force

161.112. Commissioner of education — appointment — qualifications — compensation — removal. — The state board of education shall appoint a commissioner of education as its chief administrative officer. The commissioner shall be a citizen and resident of the state upon assumption of his or her duties, and shall possess an educational attainment and breadth of experience in the administration of public education. The board shall prescribe the duties of the commissioner and fix the commissioner's compensation, and may remove the commissioner at its discretion.

(L. 1963 p. 200 § 2-11, A.L. 2001 H.B. 45) (Source: RSMo 1959 § 160.090)
Mo. Rev. Stat. § 77.048 — MO Code / Chapter 77 / Section 77.048
77.048 Other powers of mayor and council retained.
Status: in_force

77.048. Other powers of mayor and council retained. — Except as provided in sections 77.042 to 77.048 , the mayor and city council of any third class city and the mayor and board of aldermen of any fourth class city which adopts the city administrator form of government shall retain all the powers given to it by the laws applying to the city before the city administrator form of government was adopted, and all laws governing the city under its prior form of government and not inconsistent with the provisions of sections 77.042 to 77.048 shall apply to and govern the city after it adopts this form of government. All bylaws, ordinances, and resolutions lawfully passed and in force at the time the city administrator form of government is adopted shall remain in force until repealed or altered by the council or board of aldermen.

(L. 1969 H.B. 284 § 4)
Mo. Rev. Stat. § 444.900 — MO Code / Chapter 444 / Section 444.900
444.900 Judicial review.
Status: in_force

444.900. Judicial review. — All final decisions or orders of the commission shall be subject to judicial review as provided in chapter 536 . No judicial review shall be available, however, until all administrative remedies are exhausted. The availability of such review shall not be construed to limit the operation of the rights established in section 444.880 except as provided therein.

(L. 1979 H.B. 459)
Mo. Rev. Stat. § 471.060 — MO Code / Chapter 471 / Section 471.060
471.060 Law does not apply if decedent provides otherwise.
Status: in_force

471.060. Law does not apply if decedent provides otherwise. — This law shall not apply in the case of wills, living trusts, deeds or contracts of insurance or any other situation where provision is made for distribution of property different from the provisions of this law, or where provision is made for a presumption as to survivorship which results in a distribution of property different from that here provided.

(L. 1947 V. I p. 13 § 6, A.L. 1959 S.B. 120)
Mo. Rev. Stat. § 8.241 — MO Code / Chapter 8 / Section 8.241
8.241 Certain land in St. Louis City — restrictions.
Status: in_force

8.241. Certain land in St. Louis City — restrictions. — 1. In addition to other provisions of law relating to title to and conveyance of real property by the state, and notwithstanding any provisions of chapter 8 to the contrary, if the state should ever purchase or otherwise acquire ownership of real property located in a city not within a county as described in subsection 2 of this section, the state shall:

(1) Use, operate and maintain such property in full compliance with all applicable deed restrictions encumbering the property;

(2) Operate, maintain and use the property exclusively by the department of mental health for the purpose of housing no more than six employed and employable adults with an intellectual disability or developmental disability, and for no other purpose and by no other state agency, in whole or in part;

(3) Not sell or otherwise transfer ownership of the property, unless such property is sold or transferred solely for private, single-family residential use, which shall not be deemed to include, without limitation, any sale, transfer or conveyance of ownership of the property to any other state agency or department or program.

2. The property subject to the provisions of this section is more particularly described as follows: a parcel of real estate situated in Lot 20 in Block A of Compton Heights and in Block No. 1365 of the City of St. Louis, fronting 100 feet 0-3/8 inches on the North line of Longfellow Boulevard by a depth Northwardly on the east line of a 160 square foot and 159 feet 5 inches on the West line to the North line of said lot on which there is a frontage of 100 feet bounded East by Compton Avenue together with all improvements thereon, known as and numbered 3205 Longfellow Boulevard.

(L. 1990 S.B. 728 § 3, A.L. 2011 H.B. 555 merged with H.B. 648)
Mo. Rev. Stat. § 429.616 — MO Code / Chapter 429 / Section 429.616
429.616 Enforcing lien, broker may bring suit, filed where, time limitation on ...
Status: in_force

429.616. Enforcing lien, broker may bring suit, filed where, time limitation on filing — failure to file on time extinguishes lien — claim for same extinguished lien not permitted. — A real estate broker may bring suit to enforce a lien which attaches pursuant to the provisions of sections 429.600 to 429.627 in the circuit court in the county where the property is located by filing a verified petition that the lien has been recorded. Unless the claim is based upon an option to purchase the commercial real estate, the broker claiming such lien must commence proceedings within six months after recording the lien and failure to commence proceedings within the six months shall extinguish the lien. A claim for the same lien, extinguished pursuant to this section and section 429.618 , may not be asserted in any subsequent proceeding.

(L. 1993 S.B. 18 § 7 subsec. 1)
Mo. Rev. Stat. § 407.563 — MO Code / Chapter 407 / Section 407.563
407.563 Law applicable to breach of new motor vehicles warranties.
Status: in_force

407.563. Law applicable to breach of new motor vehicles warranties. — The provisions of sections 400.2-602 to 400.2-609 shall not apply to sales of new motor vehicles and such sales shall be governed by the provisions of sections 407.560 to 407.579 .

(L. 1984 H.B. 992 § 2)
Mo. Rev. Stat. § 140.160 — MO Code / Chapter 140 / Section 140.160
140.160 Limitation of actions, exceptions — county auditor to annually audit.
Status: in_force

140.160. Limitation of actions, exceptions — county auditor to annually audit. — 1. No proceedings for the sale of land and lots for delinquent taxes pursuant to this chapter or unpaid special assessments, relating to the collection of delinquent and back taxes and unpaid special assessments and providing for foreclosure sale and redemption of land and lots therefor, shall be valid unless initial proceedings therefor shall be commenced within three years after delinquency of such taxes and unpaid special assessments, and any sale held pursuant to initial proceedings commenced within such period of three years shall be deemed to have been in compliance with the provisions of said law insofar as the time at which such sales are to be had is specified therein; provided further, that in suits or actions to collect delinquent drainage and/or levee assessments on real estate such suits or actions shall be commenced within three years after delinquency, otherwise no suit or action therefor shall be commenced, had or maintained, except that the three-year limitation described in this subsection shall not be applicable if any written instrument conveys any real estate having a tax-exempt status, if such instrument causes such real estate to again become taxable real property and if such instrument has not been recorded in the office of the recorder in the county in which the real estate has been situated. Such three-year limitation shall only be applicable once the recording of the title has occurred.

2. The county auditor in all counties having a county auditor shall annually audit collections, deposits, and supporting reports of the collector and provide a copy of such audit to the county collector and to the governing body of the county. A copy of the audit may be provided to all applicable taxing entities within the county at the discretion of the county collector.

(RSMo 1939 § 11165, A.L. 1979 S.B. 385, A.L. 1987 S.B. 65, et al., A.L. 2000 H.B. 1238 merged with S.B. 894 merged with S.B. 896, A.L. 2005 S.B. 210, A.L. 2010 H.B. 1316, A.L. 2013 H.B. 175 merged with S.B. 248) Prior revisions: 1929 § 9961; 1919 § 12951; 1909 § 11504