FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 375.306 — MO Code / Chapter 375 / Section 375.306
375.306 Not to act for insolvent company — guarantee fund, where deposited — ...
Status: in_force

375.306. Not to act for insolvent company — guarantee fund, where deposited — advertisements — penalty for violation. — 1. It is unlawful for any person to act within this state as agent, producer, or otherwise, in receiving or procuring applications for insurance, or in any manner to aid in transacting the business referred to in this chapter for any company or association doing business in this state, unless the company is possessed of the amount of capital and of actual paid-up capital, or of premium notes, cash premiums or guarantee fund, of the kind, character and amounts required of companies organized under the provisions of this chapter.

2. The guarantee fund of companies other than those of this state shall be deposited with the proper officer of the state or country under the laws of which the company is organized, or with the director, in the manner provided by section 379.050 in regard to the making of such deposit by companies organized under this chapter.

3. Whenever any insurance company doing business in this state advertises its assets, either in any newspaper or periodical, or by any sign, circular, card, policy of insurance or certificate of renewal thereof, it shall, in the same connection, equally conspicuously advertise its liabilities, and the amount of its assets available for fire and life losses separately, the same to be determined in the manner required in making statement to the department, and all advertisements purporting to show the amount of capital of the company shall show only the amount of capital actually paid up in cash.

4. If the director determines that a person has engaged, is engaging in, or has taken a substantial step toward engaging in an act, practice or course of business constituting a violation of this section or a rule adopted or order issued pursuant thereto, or that a person has materially aided or is materially aiding an act, practice, omission, or course of business constituting a violation of this section or a rule adopted or order issued pursuant thereto, the director may issue such administrative orders as authorized under section 374.046 . A violation of this section is a level two violation under section 374.049 .

5. If the director believes that a person has engaged, is engaging in, or has taken a substantial step toward engaging in an act, practice or course of business constituting a violation of this section or a rule adopted or order issued pursuant thereto, or that a person has materially aided or is materially aiding an act, practice, omission, or course of business constituting a violation of this section or a rule adopted or order issued pursuant thereto, the director may maintain a civil action for relief authorized under section 374.048 . A violation of this section is a level two violation under section 374.049 .

(RSMo 1939 § 6017, A.L. 1967 p. 516, A.L. 2007 S.B. 66)
Mo. Rev. Stat. § 321.450 — MO Code / Chapter 321 / Section 321.450
321.450 Cases arising under this chapter to be advanced on docket — courts always open.
Status: in_force

321.450. Cases arising under this chapter to be advanced on docket — courts always open. — All cases in which there may arise a question of the validity of the organization of a district, or a question of the validity of any proceeding under the provisions of this chapter, shall be advanced on the docket as a matter of immediate public interest and concern, and heard at the earliest practicable moment. The courts shall be open at all times for the purposes of this chapter.

(L. 1947 V. I p. 432 § 45, A.L. 1969 H.B. 322)
Mo. Rev. Stat. § 40.165 — MO Code / Chapter 40 / Section 40.165
40.165 Voting by members, procedure, general or special court-martial — ...
Status: in_force

40.165. Voting by members, procedure, general or special court-martial — instructions, content — exceptions — judge to rule on all questions of law. — 1. Voting by members of a general or special court-martial on the findings and on the sentence shall be by secret written ballot. The junior member of the court shall in each case count the votes. The count shall be checked by the president, who shall forthwith announce the result of the ballot to the members of the court.

2. The military judge and, except for questions of challenge, the presiding officer of a court-martial without a military judge shall rule upon all questions of law and all interlocutory questions arising during the proceedings. Any such ruling made by the military judge upon any question of law or any interlocutory question other than the factual issue of mental responsibility of the accused, or by the presiding officer of a court-martial without a military judge upon any question of law other than a motion for a finding of not guilty, constitutes the ruling of the court.

3. Before a vote is taken on the findings, the military judge shall in the presence of the accused and counsel, instruct the members of the court as to the elements of the offense and charge them:

(1) That the accused must be presumed to be innocent until guilt is established by legal and competent evidence beyond reasonable doubt;

(2) That in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and he must be acquitted;

(3) That, if there is a reasonable doubt as to the degree of guilt, the finding must be in a lower degree as to which there is no reasonable doubt; and

(4) That the burden of proof of establishing the guilt of the accused beyond reasonable doubt is upon the prosecution.

4. Subsections 1, 2, and 3 of this section do not apply to a court-martial composed of a military judge only. The military judge of such a court-martial shall determine all questions of law and fact arising during the proceedings and, if the accused is convicted, adjudge and impose appropriate sentence. The military judge of such a court-martial shall make a general finding and shall in addition on request find the facts specially. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact appear therein.

(L. 1984 H.B. 1035 § 52)
Mo. Rev. Stat. § 452.1232 — MO Code / Chapter 452 / Section 452.1232
452.1232 Effect of prior judicial order or agreement.
Status: in_force

452.1232. Effect of prior judicial order or agreement. — In a proceeding for a grant of custodial responsibility pursuant to sections 452.1224 to 452.1244 , the following rules apply:

(1) A prior judicial order designating custodial responsibility in the event of deployment is binding on the court unless the circumstances meet the requirements of law of this state other than sections 452.1200 to 452.1258 for modifying a judicial order regarding custodial responsibility;

(2) The court shall enforce a prior written agreement between the parents for designating custodial responsibility in the event of deployment, including an agreement executed under sections 452.1214 to 452.1222 , unless the court finds that the agreement is contrary to the best interest of the child.

(L. 2024 S.B. 912)
Mo. Rev. Stat. § 533.010 — MO Code / Chapter 533 / Section 533.010
533.010 Action to recover specific personal property, procedure.
Status: in_force

533.010. Action to recover specific personal property, procedure. — If the plaintiff claim in his petition the possession of specific personal property, he may, at the time of filing his petition, or at any other time afterward, before the rendition of judgment in the cause, file his affidavit, or the affidavit of some other person in his behalf, showing:

(1) That the plaintiff is the owner of the property claimed, sufficiently describing it, or is lawfully entitled to the possession thereof;

(2) That it is wrongfully detained by the defendant;

(3) The actual value thereof;

(4) That the same has not been seized under any process, execution or attachment against the property of the plaintiff; and

(5) That plaintiff will be in danger of losing his said property, unless it be taken out of the possession of the defendant, or otherwise secured.

(RSMo 1939 § 1788) Prior revisions: 1929 § 1624; 1919 § 2072; 1909 § 2637 (1976) Admission made at pretrial conference answered question which would have been subject of hearing required by this section and failure to hold hearing did not result in denial of due process. Morris Plan Co. v. Excelsior Estates, Inc. (Mo.), 540 S.W.2d 44.
Mo. Rev. Stat. § 378.606 — MO Code / Chapter 378 / Section 378.606
378.606 Laws and rules, requirements — membership rights nonassignable.
Status: in_force

378.606. Laws and rules, requirements — membership rights nonassignable. — 1. A society shall specify in its laws or rules:

(1) Eligibility standards for each and every class of membership, provided that if benefits are provided on the lives of children, the minimum age for adult membership shall be set at not less than age fifteen and not greater than age twenty-one;

(2) The process for admission to membership for each membership class; and

(3) The rights and privileges of each membership class, provided that only benefit members shall have the right to vote on the management of the insurance affairs of the society.

2. A society may also admit social members who shall have no voice or vote in the management of the insurance affairs of the society.

3. Membership rights in the society are personal to the member and are not assignable.

(L. 1992 S.B. 831) Effective 1-01-93
Mo. Rev. Stat. § 302.133 — MO Code / Chapter 302 / Section 302.133
302.133 Definitions.
Status: in_force

302.133. Definitions. — As used in sections 302.133 to 302.138 , the following terms mean:

(1) "Commission" , the state highways and transportation commission;

(2) "Department" , the department of transportation;

(3) "Director" , the director of the department of transportation;

(4) "Instructor" , a licensed motorcycle operator who meets the standards established by the commission to teach the motorcycle rider training course;

(5) "Motorcycle" , a motorcycle or motortricycle as those terms are defined by section 301.010 ;

(6) "Motorcycle rider training course" , a motorcycle rider education curriculum and delivery system approved by the commission as meeting standards designed to develop and instill the knowledge, attitudes, habits, and skills necessary for the safe operation of a motorcycle.

(L. 1995 H.B. 717, A.L. 2014 H.B. 1299 Revision)
Mo. Rev. Stat. § 350.016 — MO Code / Chapter 350 / Section 350.016
350.016 Restriction on corporate farming, exceptions, certain counties engaging in ...
Status: in_force

350.016. Restriction on corporate farming, exceptions, certain counties engaging in production of swine. — The restrictions set forth in section 350.015 shall not apply to agricultural land which is used by a corporation or limited partnership for the production of swine or swine products located in any county of the third classification with a township form of government which has at least three thousand but no more than four thousand inhabitants, or any county which adjoins such county which has a population of at least four thousand five hundred but no more than six thousand five hundred inhabitants.

(L. 1993 H.B. 566 and S.B. 84, A.L. 2014 H.B. 1245) (2003) Term "production of swine or swine products" includes cattle grazing for the purpose of nitrogen removal from the land application of effluent. State ex rel. Nixon v. Premium Standard Farms, 100 S.W.3d 157 (Mo.App.W.D.).
Mo. Rev. Stat. § 29.216 — MO Code / Chapter 29 / Section 29.216
29.216 Public employee retirement and health care systems, audit of, when.
Status: in_force

29.216. Public employee retirement and health care systems, audit of, when. — The state auditor may make, or cause to be made, audits of any public employee retirement or public employee health care system operating within the state, which shall include but not be limited to a public employee retirement or public employee health care system established under sections 70.600 to 70.755 and chapters 50 , 56 , 103 , 104 , and 169 .

(L. 2013 H.B. 116)
Mo. Rev. Stat. § 436.161 — MO Code / Chapter 436 / Section 436.161
436.161 Proprietor may bring action for violations to recover damages — recovery to ...
Status: in_force

436.161. Proprietor may bring action for violations to recover damages — recovery to include costs. — 1. A proprietor may bring an action or assert a counterclaim in a court of competent jurisdiction, against a performing rights society, or both, to enjoin any violation of sections 436.150 to 436.163 and to recover any damages sustained by the proprietor as a result of a violation of sections 436.150 to 436.163 . The proprietor may seek an injunction or any other relief available at law or in equity. If successful, the proprietor shall be entitled to recover actual damages sustained by him, together with reasonable attorney's fees, filing fees and reasonable costs of suit, in addition to any other legal or equitable relief.

2. The rights, remedies and prohibitions accorded by the provisions of sections 436.150 to 436.163 shall be in addition to and cumulative of any other right, remedy or prohibition accorded by common law, federal law or the statutes of this state, and nothing contained in sections 436.150 to 436.163 shall be construed to deny, abrogate or impair any such common law or statutory right, remedy or prohibition.

(L. 1995 S.B. 355 § 1 subsecs. 7, 8)
Mo. Rev. Stat. § 546.670 — MO Code / Chapter 546 / Section 546.670
546.670 Recognizance, when broken.
Status: in_force

546.670. Recognizance, when broken. — No recognizance given under the provisions of section 546.650 shall be deemed to be broken, unless the principal therein be convicted of some offense amounting, in judgment of law, to a breach of such recognizance.

(RSMo 1939 § 4099) Prior revisions: 1929 § 3710; 1919 § 4054; 1909 § 5260
Mo. Rev. Stat. § 281.102 — MO Code / Chapter 281 / Section 281.102
281.102 Delayed effective date.
Status: in_force

281.102. Delayed effective date. — The enactment of section 281.048 and the repeal and reenactment of sections 281.015 , 281.020 , 281.025 , 281.030 , 281.035 , 281.037 , 281.038 , 281.040 , 281.045 , 281.050 , 281.055 , 281.060 , 281.063 , 281.065 , 281.070 , 281.075 , 281.085 , and 281.101 of this act shall become effective on January 1, 2025.

(L. 2021 H.B. 476 § B and S.B. 26 § B, A.L. 2023 S.B. 138 merged with S.B. 157)
Mo. Rev. Stat. § 351.1198 — MO Code / Chapter 351 / Section 351.1198
351.1198 Discontinuance of involuntary dissolution.
Status: in_force

351.1198. Discontinuance of involuntary dissolution. — The involuntary or supervised voluntary dissolution of a cooperative may be discontinued at any time during the dissolution proceedings if it is established that cause for dissolution does not exist. The court shall dismiss the proceedings and direct the receiver, if any, to redeliver to the cooperative its remaining property and assets.

(L. 2011 S.B. 366)
Mo. Rev. Stat. § 288.124 — MO Code / Chapter 288 / Section 288.124
288.124 Average annual payroll defined.
Status: in_force

288.124. Average annual payroll defined. — The term "average annual payroll" as used in sections 288.113 to 288.127 means one-third of the total amount of taxable wages paid for insured work during the thirty-six consecutive months' period immediately preceding any July first calculation date; provided, however, if an employer during any one calendar half year in such period paid no wages for insured work, whether taxable or not, such employer's average annual payroll shall be twice the total amount of taxable wages paid by him in the calendar half year of such period wherein the taxable wages paid by him were highest, and except that for an employer who has been subject to the Missouri employment security law less than thirty-six months the term shall mean the total amount of taxable wages paid by him during the twelve-month period immediately preceding any July first calculation date. If an employer during any one calendar half year in such period paid no wages for insured work, such employer's average annual payroll shall be twice the total amount of taxable wages paid by him in the calendar half year during the twenty-four consecutive months preceding the July first calculation date wherein taxable wages paid by him were highest.

(L. 1951 p. 564 § 288.110, A.L. 1957 p. 531, A.L. 1965 p. 420, A.L. 1965 2d Ex. Sess. p. 927, A.L. 1967 pp. 396 and 401, subdiv. (1) of subsec. 1 of § 288.120)
Mo. Rev. Stat. § 351.025 — MO Code / Chapter 351 / Section 351.025
351.025 Corporation organized under special law may file certification of ...
Status: in_force

351.025. Corporation organized under special law may file certification of acceptance of this law. — Any existing corporation heretofore organized for profit under any special law of this state may accept the provisions of this chapter and be entitled to all of the rights, privileges and benefits provided by this chapter, as well as accepting the obligations and duties imposed by this chapter, by filing with the secretary of state a certificate of acceptance of this chapter, signed by its president and secretary, duly authorized by its board of directors, and approved by the affirmative vote of a majority of its outstanding shares.

(L. 1943 p. 410 § 173, A.L. 1998 S.B. 680, A.L. 1999 S.B. 1, et al., A.L. 2000 S.B. 896, A.L. 2007 S.B. 613 Revision)
Mo. Rev. Stat. § 36.340 — MO Code / Chapter 36 / Section 36.340
36.340 Director may establish system of service reports.
Status: in_force

36.340. Director may establish system of service reports. — In cooperation with appointing authorities the director may establish a system of service reports. Such service reports, if any, may take into consideration, among other things, the employee's conduct, performance, and output. In such manner and with such weight as shall be provided in the regulations, ratings assigned to such service reports may be considered in determining salary increases and decreases within the limits established by law and by the pay plan; as a factor in promotional decisions; as a factor in determining employees who should be demoted, transferred or dismissed. In such manner and at such time as the regulations may require, each appointing authority shall report to the director on the services of employees in his or her division. Any employee shall be given reasonable opportunity to inspect the records of the department which show the ratings assigned to his or her service reports.

(L. 1945 p. 1157 § 31, A.L. 2018 S.B. 1007)
Mo. Rev. Stat. § 155.070 — MO Code / Chapter 155 / Section 155.070
155.070 Real and tangible personal property, how taxed.
Status: in_force

155.070. Real and tangible personal property, how taxed. — All real property, or tangible personal property of whatever kind, of an airline company, with the exception of its commercial aircraft, shall be assessed by the proper assessors in the several counties, cities, incorporated towns and villages wherever the property is located, under the general revenue laws of the state and municipal laws regulating the assessments of other local property in the counties, cities, incorporated towns and villages, respectively.

(L. 1959 S.B. 179 § 6, A.L. 1990 H.B. 1280)
Mo. Rev. Stat. § 456.011 — MO Code / Chapter 456 / Section 456.011
456.011 Trusts for benefit of employees or self-employed persons — perpetuities — ...
Status: in_force

456.011. Trusts for benefit of employees or self-employed persons — perpetuities — suspension of alienation. — A trust of real or personal property, or both, created as part of a stock bonus plan, pension plan, disability or death benefit plan, medical benefit plan, profit-sharing plan or retirement plan, for the exclusive benefit of employees or self-employed persons, to which contributions are made by an employer, or employees, or both, or by self-employed persons, for the purpose of distributing to such employees or self-employed persons the earnings or the principal, or both earnings and principal of the fund so held in trust, shall not be deemed to be invalid as violating any existing laws against perpetuities or suspension of the power of alienation of title to property; but such a trust may continue for such time as may be necessary to accomplish the purposes for which it may be created.

(L. 1941 p. 716 § 3541-A, A.L. 1957 p. 868, A.L. 1959 S.B. 270, A.L. 1983 H.B. 117, A.L. 2004 H.B. 1511) Transferred 2004; formerly 456.060
Mo. Rev. Stat. § 375.006 — MO Code / Chapter 375 / Section 375.006
375.006 Immunity from liability granted, when, to whom.
Status: in_force

375.006. Immunity from liability granted, when, to whom. — There shall be no liability on the part of, and no cause of action of any nature shall arise against, the director of the department of commerce and insurance or against any insurer, its authorized representative, its agents, its employees, or any firm, person or corporation furnishing to the insurer information as to reasons for cancellation or nonrenewal, for any statement made by any of them in any written notice of cancellation or nonrenewal, or in any other communication, oral or written, specifying the reasons for cancellation or nonrenewal, or the providing of information pertaining thereto, or for statements made or evidence submitted at any hearings conducted in connection therewith.

(L. 1977 S.B. 300 § 6)
Mo. Rev. Stat. § 115.535 — MO Code / Chapter 115 / Section 115.535
115.535 Election contest to have preference in order of hearing.
Status: in_force

115.535. Election contest to have preference in order of hearing. — The contested election shall have preference in the order of hearing to all other cases and shall be commenced at the date set and heard day to day, including evenings and weekends if necessary, until determined. There shall be no continuances except by consent, so that the case may be concluded not later than the tenth Tuesday prior to the general election.

(L. 1977 H.B. 101 § 13.020, A.L. 1993 S.B. 31, A.L. 1996 H.B. 1557 & 1489) Effective 6-13-96
Mo. Rev. Stat. § 644.546 — MO Code / Chapter 644 / Section 644.546
644.546 Water pollution control bond and interest fund money to stand appropriated ...
Status: in_force

644.546. Water pollution control bond and interest fund money to stand appropriated for payment of principal and interest on bonds. — All funds paid into the water pollution control bond and interest fund shall be and stand appropriated without legislative action to the payment of principal and interest of the bonds, there to remain until paid out in discharge of the principal of the bonds and the interest accruing thereon, and no part of such funds shall be used for any other purpose so long as any of the principal of the bonds and the interest thereon shall be unpaid.

(L. 1973 S.B. 286 § 10) Effective 7-23-73