FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 375.1175 — MO Code / Chapter 375 / Section 375.1175
375.1175 Grounds for liquidation — voluntary dissolution and liquidation, conditions.
Status: in_force

375.1175. Grounds for liquidation — voluntary dissolution and liquidation, conditions. — 1. The director may petition the court for an order directing him to liquidate a domestic insurer or an alien insurer domiciled in this state on the basis:

(1) Of any ground for an order of rehabilitation as specified in section 375.1165 , whether or not there has been a prior order directing the rehabilitation of the insurer;

(2) That the insurer is insolvent;

(3) That the insurer is in such condition that the further transaction of business would be hazardous, financially or otherwise, to its policyholders, its creditors or the public;

(4) That the insurer is found to be in such condition after examination that it could not meet the requirements for incorporation and authorization specified in the law under which it was incorporated or is doing business; or

(5) That the insurer has ceased to transact the business of insurance for a period of one year.

2. Notwithstanding any other provision of this chapter, a domestic insurer organized as a stock insurance company may voluntarily dissolve and liquidate as a corporation under * sections 351.462 to 351.482 , provided that:

(1) The director, in his or her sole discretion, approves the articles of dissolution prior to filing such articles with the secretary of state. In determining whether to approve or disapprove the articles of dissolution, the director shall consider, among other factors, whether:

(a) The insurer's annual financial statements filed with the director show no written insurance premiums for five years; and

(b) The insurer has demonstrated that all policyholder claims have been satisfied or have been transferred to another insurer in a transaction approved by the director; and

(c) An examination of the insurer pursuant to sections 374.202 to 374.207 has been completed within the last five years; and

(2) The domestic insurer files with the secretary of state a copy of the director's approval, certified by the director, along with articles of dissolution as provided in section 351.462 or 351.468 .

(L. 1991 H.B. 385, et al. § 65, A.L. 1992 H.B. 1574, A.L. 2010 S.B. 583 with S.B. 834, A.L. 2010 H.B. 1764 referendum, Adopted August 3, 2010) Effective 8-03-10 (H.B. 1764); 8-28-10 (S.B. 583); 8-28-10 (S.B. 834) *Words "pursuant to" appear in original rolls of S.B. 834.
Mo. Rev. Stat. § 408.560 — MO Code / Chapter 408 / Section 408.560
408.560 Unenforceable provisions in note or credit contract.
Status: in_force

408.560. Unenforceable provisions in note or credit contract. — The following provisions when contained in any note or credit contract or the contract of any guarantor of a credit transaction shall be void and unenforceable:

(1) A power of attorney to confess judgment;

(2) An assignment of wages;

(3) A waiver or limitation of any exemption given by law to the borrower exempting the borrower's property from attachment or execution, except insofar as the waiver or limitation applies to property in which the lender has been granted a security interest to secure the credit transaction;

(4) A security interest in consumer goods which are identified only as a general class of goods, such as "household goods" or "furniture"; and

(5) A waiver of any right of action against the lender or his assignee or other person acting on behalf of the lender in the collection of payments under the contract or in the repossession of goods.

(L. 1979 S.B. 305)
Mo. Rev. Stat. § 42.311 — MO Code / Chapter 42 / Section 42.311
42.311 Rulemaking authority — approval of applications for certain medals.
Status: in_force

42.311. Rulemaking authority — approval of applications for certain medals. — 1. Except as otherwise provided in sections 42.310 to 42.311 , the adjutant general shall administer the provisions of sections 42.310 to 42.311 , and may adopt all rules and regulations necessary to administer the provisions of sections 42.310 to 42.311 . Any rule or portion of a rule, as that term is defined in section 536.010 , that is created under the authority delegated in sections 42.310 to 42.311 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 . Sections 42.310 to 42.311 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, 2026, shall be invalid and void.

2. The adjutant general shall determine as expeditiously as possible the persons who are entitled to an Operation Iraqi Freedom and Operation New Dawn medallion, medal, and certificate under sections 42.310 to 42.311 and distribute the medallions, medals, and certificates as provided in sections 42.310 to 42.311 . Applications for the Operation Iraqi Freedom and Operation New Dawn medallion, medal, and certificate shall be filed with the office of the adjutant general at any time after August 28, 2026, on forms prescribed and furnished by the office of the adjutant general. The adjutant general shall approve all applications that are in order, and shall cause an Operation Iraqi Freedom and Operation New Dawn medallion, medal, and certificate to be prepared for each approved veteran in the form created by the Missouri veterans' commission under section 42.310 . The medallions, medals, and certificates shall be awarded until the supply of medallions, medals, and certificates is exhausted. The adjutant general shall notify the general assembly when such supply totals less than one hundred.

(L. 2026 H.B. 2593)
Mo. Rev. Stat. § 622.606 — MO Code / Chapter 622 / Section 622.606
622.606 Certificates or permits issued before 1995, effect — procedure — transport ...
Status: in_force

622.606. Certificates or permits issued before 1995, effect — procedure — transport of hazardous materials. — 1. Certificates or permits, or both, which were issued before January 1, 1995, and which authorized a person to transport any property in intrastate commerce by motor vehicle as a common carrier or contract carrier, or both, are void, except that to the extent such certificates or permits, or portions thereof, authorized a person to transport household goods over irregular routes or passengers in intrastate commerce, or any property or passengers in interstate commerce, those certificates or permits, or portions thereof, are exempt from the provisions of this subsection.

2. Persons who owned certificates or permits, or both, that were in active status with the division on December 31, 1994, and persons to whom the division issued certificates and permits after December 31, 1994, pursuant to emergency rules adopted by the division, are deemed to be qualified as registered property carriers, unless the person's certificate or permit has been suspended, revoked or transferred to another person as provided by law. A person deemed qualified pursuant to this subsection is not required to file an application pursuant to section 622.608 to continue providing intrastate transportation as a registered property carrier, but rather, upon such person's compliance with the licensing and insurance requirements of the division the person is deemed to have a property carrier registration in force as required pursuant to section 622.604 , authorizing the person to transport property except household goods in intrastate commerce on the public highways, unless the person's property carrier registration is suspended, revoked or transferred to another person as provided by law. Within a reasonable time after August 28, 1996, the division shall issue property carrier registrations to all persons who are deemed to be qualified as registered property carriers and deemed to have property carrier registrations in force pursuant to this subsection.

3. Notwithstanding any provision of this section to the contrary, this section shall not be construed as authorizing any person to transport any hazardous material as designated in Title 49, Code of Federal Regulations, except hazardous materials which that person was expressly authorized to transport in intrastate commerce within this state on August 28, 1996. A person may file an application for property carrier registration pursuant to section 622.608 to transport additional hazardous materials. Nothing in this section shall be construed to conflict with chapter 260 or of relieving an applicant of any duty to obtain a license pursuant to chapter 260 .

(L. 1996 S.B. 780 § 4)
Mo. Rev. Stat. § 408.145 — MO Code / Chapter 408 / Section 408.145
408.145 Credit cards issued in contiguous states, terms and conditions — definitions.
Status: in_force

408.145. Credit cards issued in contiguous states, terms and conditions — definitions. — 1. To encourage competitive equality, lenders issuing credit cards in this state pursuant to the authority of section 408.100 or 408.200 , may issue such credit cards under such terms and conditions which any lender in any contiguous state is permitted to utilize for credit cards issued in such contiguous state by such state's statutes. State-chartered lenders issuing credit cards in reliance on this subsection shall file a copy of the pertinent statutes of one contiguous state authorizing credit card terms and conditions with the director of finance or such lender's principal state regulator. The director of finance or other principal state regulator shall, within thirty days after receipt of the filing, approve or disapprove of such terms and conditions on the sole basis of whether the statutes of such contiguous state permit such terms and conditions, and without regard to the restrictions placed upon credit cards by subsection 2 of this section. When the lender is chartered by the federal government, or any agency thereunder, or is unregulated, such lender shall file with and be approved by the Missouri attorney general under the same provision as provided a state-chartered lender.

2. "Credit card" as used in this section shall mean a credit device defined as such in the federal Consumer Credit Protection Act and regulations thereunder, except:

(1) The term shall be limited to credit devices which permit the holder to purchase goods and service upon presentation to third parties whether or not the credit card also permits the holder to obtain loans of any other type; and

(2) Such credit device shall only provide credit which is not secured by real or personal property.

3. "Lender" as used in this section shall mean any category of depository or nondepository creditor. Notwithstanding the provisions of sections 408.100 to 408.190 to the contrary, the lender shall declare on each credit card contract whether the credit card is issued pursuant to this section.

(L. 1998 S.B. 792 merged with S.B. 852 & 913, A.L. 2023 S.B. 13)
Mo. Rev. Stat. § 167.201 — MO Code / Chapter 167 / Section 167.201
167.201 School lunch program — funds — duties of state board.
Status: in_force

167.201. School lunch program — funds — duties of state board. — 1. The provisions of the National School Lunch Act, as amended, (60 U.S. Stat. at Large 230; 42 U.S.C.A. 1751 to 1760) are accepted, and the funds provided thereby shall be accepted for disbursement.

2. All funds under the provisions of the act shall be deposited in the state treasury to the credit of the fund to be known as the "School Lunch Fund" which is hereby established.

3. The state board of education is designated as the state educational agency, as provided in the act, and is charged with the duty and responsibility of cooperating with the Secretary of Agriculture in the administration of the act and is delegated all power necessary to such cooperation.

(L. 1963 p. 200 § 8-20) (Source: RSMo 1959 §§ 160.160, 160.170)
Mo. Rev. Stat. § 377.270 — MO Code / Chapter 377 / Section 377.270
377.270 Limited payment policies — reserve — deposit.
Status: in_force

377.270. Limited payment policies — reserve — deposit. — 1. Any corporation, company or association transacting business under the provisions of sections 377.200 to 377.460 may issue limited payment or any form of investment policies; provided, that the premiums shall not be less than the net term rate for the kind of policy issued, increased by such sum as will, improved at four percent, equal the net single premium for the attained age, at the end of the paying term of the policy, according to the actuaries' or combined experience table of mortality on which its calculations are based.

2. Said increase of premium shall be reserved in a separate fund for the purpose of sustaining such policies after the cessation of premium payments, and shall be deposited with the department of commerce and insurance in such securities as are now required by law.

3. If any such corporation doing business under the provisions of sections 377.200 to 377.460 shall fail to state in its limited payment policies the portion of each of the premiums to be held by it for the purpose of sustaining the policy after the years during which the premiums are to be paid, then all such limited payment policies or investment policies that may be issued shall be valued according to the actuaries' or combined experience table and interest at four percent.

(RSMo 1939 § 5876) Prior revisions: 1929 § 5765; 1919 § 6175; 1909 § 6969 (1954) Where stipulated premium company took over assets and assumed liabilities of former funeral benefit societies, the membership and benefit certificates originally issued by such societies became limited payment life insurance policies with § 377.270 and company was required to maintain account and reserves for each such certificate in the same manner as if the certificate was originally issued by the stipulated premium company. Old Reliable Soc. v. Leggett, 364 Mo. 630, 265 S.W.2d 302. (1968) Reserves deposited by insurance company with the superintendent of insurance for the benefit of policyholders are not included in the language "par value of its outstanding shares and surplus" contained in the franchise tax law and are not to be included in the computation of franchise tax liability of insurance companies. American Life and Accident Insurance Co. v. Love (Mo.), 431 S.W.2d 177.
Mo. Rev. Stat. § 376.820 — MO Code / Chapter 376 / Section 376.820
376.820 Insurers may not deny coverage of child because of marital status of ...
Status: in_force

376.820. Insurers may not deny coverage of child because of marital status of parents, residence or income tax dependency claim. — No individual or group insurance policy providing coverage on an expense-incurred basis, no individual or group service or indemnity contract issued by a not-for-profit health services corporation, no health maintenance organization nor any self-insured group health benefit plan of any type or description shall be offered, issued or renewed in this state on or after July 1, 1994, by an insurer, including a group health plan, as defined in section 607(1) of the federal Employee Retirement Income Security Act of 1974, that denies enrollment of a child under the health coverage of the child's parent on the grounds that:

(1) The child was born out of wedlock; or

(2) The child is not claimed as a dependent on the parent's federal income tax return; or

(3) The child does not reside with the parent or in the insurer's service area.

(L. 1994 H.B. 1491 & 1134 merged with S.B. 508) Effective 7-01-94
Mo. Rev. Stat. § 408.213 — MO Code / Chapter 408 / Section 408.213
408.213 Changes to certain sections remedial only.
Status: in_force

408.213. Changes to certain sections remedial only. — The changes in sections 408.140 , 408.145 , 408.190 , and 408.232 are remedial and should be given that construction; however, this section shall have no effect, favorably or unfavorably, on any case filed in court prior to January 1, 2004.

(L. 2004 H.B. 959 § 408.480)
Mo. Rev. Stat. § 545.240 — MO Code / Chapter 545 / Section 545.240
545.240 Informations — how filed, verified.
Status: in_force

545.240. Informations — how filed, verified. — Informations may be filed by the prosecuting attorney as informant during term time, or with the clerk in vacation, of the court having jurisdiction of the offense specified therein. All informations shall state the name of the prosecuting attorney and be verified by his oath or by the oath of some person competent to testify as a witness in the case, or be supported by the affidavit of such person, which shall be filed with the information; the verification by the prosecuting attorney may be upon information and belief; all in the manner provided by supreme court rule. The names of the witnesses for the prosecution must be affixed to the information, in like manner and subject to the same restrictions as required in case of indictments.

(RSMo 1939 § 3894, A.L. 1997 S.B. 248) Prior revisions: 1929 § 3504; 1919 § 3849; 1909 § 5057 CROSS REFERENCE: Misdemeanor prosecutions, Chap. 543 (1951) Where accused does not attack information by motion to quash, failure of assistant prosecuting attorney to sign it, is unavailing on appeal. State v. Taylor, 362 Mo. 676, 243 S.W.2d 301. (1951) Trial court has large discretion in granting leave to endorse names of witnesses on indictment at beginning of trial. State v. Farris (Mo.), 243 S.W.2d 983. (1960) Information signed by an assistant prosecuting attorney of Jackson County held sufficient. State v. Easley (Mo.), 338 S.W.2d 884. (1964) Where information is supported by affidavit of private individual that individual must have actual knowledge of the offense but verification of information by prosecuting attorney may be upon information and belief. State v. Statler (Mo.), 383 S.W.2d 534. (1967) It is only where the information is supported by the affidavit of a private individual that such person must have actual knowledge of the offense, and the prosecuting attorney may verify an information upon information and belief. State v. Crump (Mo.), 412 S.W.2d 490.
Mo. Rev. Stat. § 191.1830 — MO Code / Chapter 191 / Section 191.1830
191.1830 Registry advisory committee established — members.
Status: in_force

191.1830. Registry advisory committee established — members. — 1. Within ninety days of August 28, 2023, the medical university shall establish the "Parkinson's Disease Registry Advisory Committee", which shall assist in the development and implementation of the registry, determine the data to be collected, and generally advise the medical university.

2. The committee shall be composed of at least the following members:

(1) A neurologist;

(2) A movement disorder specialist;

(3) A primary care provider;

(4) A physician informaticist;

(5) A patient living with Parkinson's disease;

(6) A public health professional;

(7) A population health researcher familiar with registries; and

(8) A Parkinson's disease researcher.

(L. 2023 H.B. 402)
Mo. Rev. Stat. § 197.300 — MO Code / Chapter 197 / Section 197.300
197.300 Citation of law.
Status: in_force

197.300. Citation of law. — Sections 197.300 to 197.366 shall be known as the "Missouri Certificate of Need Law".

(L. 1979 H.B. 222 § 1, A.L. 1996 H.B. 1362) Effective 7-12-96
Mo. Rev. Stat. § 305.615 — MO Code / Chapter 305 / Section 305.615
305.615 Head of displacing agency may provide dwellings — comparable replacement ...
Status: in_force

305.615. Head of displacing agency may provide dwellings — comparable replacement housing. — 1. If a program or project undertaken by a displacing agency cannot proceed on a timely basis because comparable replacement dwellings are not available, and the head of the displacing agency determines that such dwelling cannot otherwise be made available, the head of the displacing agency may take such action as is necessary or * appropriate to provide such dwellings by use of funds authorized for such project. The head of the displacing agency may use this section to exceed the maximum amounts which may be paid under section 305.606 on a case-by-case basis for good cause as determined in accordance with such regulations as the head of the lead agency shall issue.

2. No person shall be required to move from his dwelling on account of any program or project undertaken by a federal agency or with federal financial assistance, unless the head of the displacing agency is satisfied that comparable replacement housing is available to such person.

(L. 1990 H.B. 1510 § 6) Effective 6-14-90 *Word "to" appears in original rolls.
Mo. Rev. Stat. § 429.200 — MO Code / Chapter 429 / Section 429.200
429.200 Personal representative made party, when.
Status: in_force

429.200. Personal representative made party, when. — In case of the death of any of the parties specified in section 429.190 , whether before or after suit brought, the personal representative of such deceased party shall be made plaintiff or defendant, as the case may require, and it shall not be necessary to make the heirs or devisees of such deceased persons parties to the suit; but if there is no personal representative of such deceased person, then his heirs or devisees may be made parties, and if any of the heirs or devisees are minors under the age of eighteen years, their guardians or conservators of their estates shall be made parties with them; but if such minors shall have no guardians or conservators of their estates, the court in which the suit is pending shall appoint guardians ad litem for them in the same manner and under the same rules and regulations as guardians ad litem are appointed in proceedings for partition of real estate, and the judgment and proceedings of such court in any such suits shall be as binding on such minors as if they were over the age of eighteen years.

(RSMo 1939 § 3556, A.L. 1983 S.B. 44 & 45) Prior revisions: 1929 § 3166; 1919 § 7226; 1909 § 8222
Mo. Rev. Stat. § 530.060 — MO Code / Chapter 530 / Section 530.060
530.060 Cause to be heard, when — issues of fact, how triable.
Status: in_force

530.060. Cause to be heard, when — issues of fact, how triable. — The cause shall be heard as soon as practicable after the issues are joined, and shall be triable in the same manner as other civil cases, except that in any of the appellate courts the latter may direct any specific issue or issues of fact to be tried in some circuit court, or before some judge thereof, or before a referee as provided by law, if deemed more convenient to the parties or the court; and in such event, a return of the proceedings of such trial shall be made to the appellate court, in such manner and time as the orders of the latter may require.

(RSMo 1939 § 1778) Prior revisions: 1929 § 1614; 1919 § 2062; 1909 § 2627
Mo. Rev. Stat. § 229.475 — MO Code / Chapter 229 / Section 229.475
229.475 Definitions — removal of plants from roadways or state and county highways ...
Status: in_force

229.475. Definitions — removal of plants from roadways or state and county highways without permission, prohibited, penalty. — 1. As used in sections 229.475 to 229.481 , the following terms mean:

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

(2) "Plants" , trees, shrubs, vines, wildflowers, grasses and ferns; and

(3) "Plant parts" , roots, bulbs, tubers and rhizomes.

2. Except as otherwise provided in this section and section 229.477 , no person shall dig or remove any plants or plant parts from any real property of the commission, or the right-of-way of any state or county highway or roadway without permission of the commission or governmental entity responsible for the administration of the property or right-of-way, unless such person is engaged in the work of constructing, repairing or maintaining the property, highway or roadway under the authority and direction of the commission or governmental entity. Violation of this section and section 229.477 is a class B misdemeanor. Each plant removed shall constitute a separate offense.

(L. 1993 H.B. 536 § 1 subsecs. 1, 2)