FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 210.822 — MO Code / Chapter 210 / Section 210.822
210.822 Presumption of paternity — rebuttal of presumption, standard of proof.
Status: in_force

210.822. Presumption of paternity — rebuttal of presumption, standard of proof. — 1. A man shall be presumed to be the natural father of a child if:

(1) He and the child's natural mother are or have been married to each other and the child is born during the marriage, or within three hundred days after the marriage is terminated by death, annulment, declaration of invalidity, or dissolution, or after a decree of separation is entered by a court; or

(2) Before the child's birth, he and the child's natural mother have attempted to marry each other by a marriage solemnized in apparent compliance with the law, although the attempted marriage is or may be declared invalid, and:

(a) If the attempted marriage may be declared invalid only by a court, the child is born during the attempted marriage or within three hundred days after its termination by death, annulment, declaration of invalidity or dissolution; or

(b) If the marriage is invalid without a court order, the child is born within three hundred days after the termination of cohabitation; or

(3) After the child's birth, he and the child's natural mother have married or attempted to marry each other by a marriage solemnized in apparent compliance with law, although the marriage is or may be declared invalid, and:

(a) He has acknowledged his paternity of the child in writing filed with the bureau; or

(b) With his consent, he is named as the child's father on the child's birth certificate; or

(c) He is obligated to support the child pursuant to a written voluntary promise or by court order; or

(4) An expert concludes that the blood tests show that the alleged parent is not excluded and that the probability of paternity is ninety-eight percent or higher, using a prior probability of 0.5.

2. A presumption pursuant to this section may be rebutted in an appropriate action only by clear and convincing evidence, except that a presumption under subsection 1 of this section that arises from a blood test or the filing of an acknowledgment of paternity in a state or territory in which the blood test or the filing creates a conclusive presumption by law also has conclusive effect in Missouri. If two or more presumptions arise which conflict with each other, the presumption which on the facts is founded on the weightier considerations of policy and logic controls. The presumption is rebutted by a court decree establishing the paternity of the child by another man.

(L. 1987 S.B. 328 § 4, A.L. 1994 H.B. 1491 & 1134 merged with S.B. 508, A.L. 1997 S.B. 361, A.L. 1998 S.B. 910)
Mo. Rev. Stat. § 59.530 — MO Code / Chapter 59 / Section 59.530
59.530 Force and effect of certified copy.
Status: in_force

59.530. Force and effect of certified copy. — After such certified copy of such record, together with the certificate thereof, shall have been duly recorded as aforesaid, copies thereof, duly certified by the recorder of the proper county, with his seal of office thereto affixed, shall be received in evidence in the same manner and shall have the same force and effect as by law is or may be given to copies of the record of other deeds and instruments of writing affecting real estate which have been or may be hereafter duly recorded in the county in which such real estate is situated.

(RSMo 1939 § 13177) Prior revisions: 1929 § 11558; 1919 § 10581; 1909 § 10394
Mo. Rev. Stat. § 376.694 — MO Code / Chapter 376 / Section 376.694
376.694 Group life, definitions of direct response solicitation and sponsoring or ...
Status: in_force

376.694. Group life, definitions of direct response solicitation and sponsoring or endorsing entity — certain insurers required to give notice of compensation to policyholder or endorsing entity. — 1. As used in this section, the following terms shall mean:

(1) "Direct response solicitation" , a solicitation through a sponsoring or endorsing entity or through the mails, telephone, or other mass communications medium;

(2) "Sponsoring or endorsing entity" , an organization which has arranged for the offering of a program of insurance in a manner which communicates that eligibility for participation in the program is dependent upon affiliation with such organization or that it endorses participation in the program.

2. With respect to a program of insurance, whether issued on an individual basis or a group basis, which would not qualify under subdivisions (1), (2), (3), (4) and (6) of section 376.691 if issued on a group basis, if compensation of any kind will or may be paid to a policyholder in the case of a group policy, or a sponsoring or endorsing entity in the case of individual, blanket or franchise policies marketed by means of direct response solicitation, the insurer shall cause to be distributed to prospective insureds a written notice that compensation will or may be paid.

3. Such notice shall be distributed whether compensation is direct or indirect and whether such compensation is paid to or retained by the policyholder or sponsoring or endorsing entity or paid to or retained by a third party at the direction of the policyholder or sponsoring or endorsing entity or any entity affiliated therewith by way of ownership, contract or employment.

4. The notice required by this section shall be placed on or accompany any application or enrollment form provided prospective insureds.

(L. 1985 H.B. 623)
Mo. Rev. Stat. § 375.970 — MO Code / Chapter 375 / Section 375.970
375.970 Preferred claims, how determined.
Status: in_force

375.970. Preferred claims, how determined. — 1. In a delinquency proceeding against an insurer domiciled in this state, claims owing to residents of ancillary states shall be preferred claims if like claims are preferred under the laws of this state. All such claims whether owing to residents or nonresidents shall be given equal priority of payment from general assets. No law of an ancillary state providing for preferred claims against the general assets of insurers shall be recognized as against the assets of delinquent domiciliary insurers of this state regardless of where such assets may be located.

2. In a delinquency proceeding against an insurer domiciled in a reciprocal state, claims owing to residents of this state shall be preferred if like claims are preferred by the laws of that state.

(L. 1976 H.B. 1479 § 6) Effective 6-16-76
Mo. Rev. Stat. § 369.194 — MO Code / Chapter 369 / Section 369.194
369.194 Accounts declared legal investments for fiduciaries.
Status: in_force

369.194. Accounts declared legal investments for fiduciaries. — 1. Accounts in insured associations are legal and proper investments or depositaries for fiduciaries of every kind and nature, all political subdivisions or instrumentalities of this state, insurance companies, business and nonprofit corporations, charitable or educational corporations or associations, all financial institutions of every kind and character, all pension, endowment and scholarship funds both public and private, and each and all of them may invest funds in accounts in such associations. The director of the division of finance shall by regulation permit associations to pledge funds or assets in connection with the investment of public funds in accounts of associations, and may provide that accounts in associations shall be legal investments for any persons, firms, corporations or entities not herein specifically referred to. Notwithstanding anything to the contrary, accounts prohibited to a mutual association are prohibited to a capital stock association.

2. Notwithstanding any restrictions or limitations contained in any other law of this state, accounts in any association may be accepted by any agency, department or official of the state of Missouri in any case wherein such agency, department or official acting in its or the person's official capacity requires that securities be deposited with such agency, department or official.

(L. 1971 S.B. 3 § 38, A.L. 1982 S.B. 464, A.L. 1994 H.B. 1165) Effective 7-06-94
Mo. Rev. Stat. § 164.151 — MO Code / Chapter 164 / Section 164.151
164.151 Form of ballot in all districts — percentage required for approval.
Status: in_force

164.151. Form of ballot in all districts — percentage required for approval. — 1. The questions on bond issues in all districts shall be submitted in substantially the following form:

Shall the ______ board of education borrow money in the amount of ______ dollars for the purpose of ______ and issue bonds for the payment thereof resulting in an estimated increase to the debt service property tax levy of ______ (amount of estimated increase) per one hundred dollars of assessed valuation? If this proposition is approved, the adjusted debt service levy of the school district is estimated to increase from ______ (amount of current school district levy) to ______ (estimated adjusted debt service levy) per one hundred dollars assessed valuation of real and personal property.

2. If the constitutionally required number of the votes cast are for the loan, the board may, subject to the restrictions of section 164.161 , borrow money in the name of the district, to the amount and for the purpose specified in the notices aforesaid, and issue bonds of the district for the payment thereof.

(L. 1963 p. 200 § 5-15, A.L. 1978 H.B. 971, A.L. 1990 H.B. 1621, A.L. 2008 S.B. 711) (Source: RSMo 1959 §§ 165.040, 165.497, 165.605)
Mo. Rev. Stat. § 287.825 — MO Code / Chapter 287 / Section 287.825
287.825 Death of member before or after retirement — benefits of beneficiaries.
Status: in_force

287.825. Death of member before or after retirement — benefits of beneficiaries. — 1. On and after August 13, 1984, in the event that a person who is serving as an administrative law judge or legal advisor of the division dies, retirement benefits shall be paid in monthly installments to his beneficiary in the amount equal to fifty percent of the amount of the retirement benefits provided in section 287.820 regardless of the period of his service; except that where the period of service could not have been twelve years or more because of a voluntary or mandatory retirement provision, the retirement benefits provided by this subsection shall be reduced by the proportion that the number of years that he would have lacked serving twelve years had he been able to serve until voluntary or mandatory retirement bears to twelve years. The benefits to the beneficiary provided herein shall commence immediately upon the death of the administrative law judge or legal advisor.

2. In the event a person who has retired under the provisions of sections 287.812 to 287.855 dies, benefits, in the amount equal to fifty percent of the amount of the retirement benefits paid to the person under the provisions of sections 287.820 to 287.830 shall be paid in monthly installments to his beneficiary.

3. In the event that a person dies who has served in this state for an aggregate of twelve years, continuously or otherwise, as an administrative law judge or legal advisor, or both of the divisions and who, after August 13, 1984, ceased or ceases to hold office by reason of the expiration of his term, voluntary resignation or removal by the governor for nondisciplinary reasons, but who has not retired under the provisions of sections 287.812 to 287.855 , retirement compensation shall be paid in monthly installments to his beneficiary in the amount equal to fifty percent of the amount of retirement compensation provided in section 287.820 . The benefits to the beneficiary provided herein shall commence immediately upon the death of the former administrative law judge or legal advisor.

4. In the event that any surviving spouse receiving benefits under the provisions of sections 287.812 to 287.855 dies leaving a surviving beneficiary as defined in section 287.812 , the benefits received by such surviving spouse shall be paid to such surviving beneficiary during the remainder of the period of his eligibility. If such surviving spouse leaves more than one surviving beneficiary, then each beneficiary during the remainder of the period of his eligibility shall receive a pro rata share of the amount paid to the surviving spouse under the provisions of sections 287.812 to 287.855 .

(L. 1984 H.B. 1106, A.L. 1987 H.B. 564) Effective 8-31-87
Mo. Rev. Stat. § 432.245 — MO Code / Chapter 432 / Section 432.245
432.245 Effect of change or error.
Status: in_force

432.245. Effect of change or error. — If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply:

(1) If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record;

(2) In an automated transaction involving an individual, the individual may avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual:

(a) Promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person;

(b) Takes reasonable steps, including steps that conform to the other person's reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record; and

(c) Has not used or received any benefit or value from the consideration, if any, received from the other person;

(3) If neither subdivision (1) nor subdivision (2) of this section applies, the change or error has the effect provided by other law, including the law of mistake, and the parties' contract, if any; and

(4) Subdivisions (2) and (3) of this section shall not be varied by agreement.

(L. 2003 H.B. 254)
Mo. Rev. Stat. § 362.700 — MO Code / Chapter 362 / Section 362.700
362.700 Agreement for merger becomes effective, when.
Status: in_force

362.700. Agreement for merger becomes effective, when. — 1. If the agreement is so approved and ratified by the stockholders of each of the respective banks and trust companies, then in case the agreement provides for a merger, a copy of the minutes of the respective stockholders' meetings at which the agreement is approved, with a copy of the agreement and the director's approval thereof, all certified and verified by the respective secretaries of the meetings, shall be filed in the public records of the division of finance, and a like copy of the minutes, agreement and approval shall be filed with the cashier or secretary of each of the banks and trust companies which are parties to the agreement.

2. Upon the filing for record of the copies as herein required to be filed, the agreement and merger shall become effective according to its terms.

(L. 1967 p. 445, A.L. 2000 S.B. 896) (Source: RSMo 1959 § 363.860)
Mo. Rev. Stat. § 217.595 — MO Code / Chapter 217 / Section 217.595
217.595 Working capital revolving fund created — source, uses — accounting, audit — ...
Status: in_force

217.595. Working capital revolving fund created — source, uses — accounting, audit — transfer to general revenue prohibited. — 1. Receipts from the vocational enterprises program shall be paid into the state treasury and credited to the "Working Capital Revolving Fund", which is hereby created.

2. All funds derived from the disposal of plants and machinery in accordance with chapters 217 and 558 shall be deposited to the credit of the working capital revolving fund.

3. The working capital revolving fund shall be used for the establishment, maintenance, rehabilitation, expansion and operation of the vocational enterprises programs, and expenditures from the fund shall be used for, but not limited to:

(1) The purchase of machinery, equipment, raw materials, seed, fertilizer and farm animals;

(2) The repair, improvement and replacement of buildings, machinery and equipment;

(3) Payment for offender labor;

(4) Necessary expenses included in operation and administration;

(5) Necessary expenses for vocational training.

4. Vocational enterprises shall be accounted for on an accrual basis as an enterprise fund. Financial reports shall be rendered to the director as he may require.

5. None of the earnings of the vocational enterprises program shall be transferred to the general revenue fund of the state at the end of each fiscal year. All of the earnings shall be retained by the working capital revolving fund and the vocational enterprises program, to obtain new equipment, material and real property for expansion and maintenance of the enterprises' programs with a goal that all general population offenders shall learn a skill or service and are employed. Should a net loss occur, such loss shall be charged against the working capital revolving fund.

6. The state auditor shall audit the working capital revolving fund at the end of each fiscal year and report his findings to the director, the governor and the general assembly.

7. Effective August 28, 1994, the vocational education and training fund shall be dissolved and all funds credited to it shall be transferred to the working capital revolving fund.

(L. 1982 H.B. 1196 § 105, A.L. 1989 H.B. 408, A.L. 1994 S.B. 763)
Mo. Rev. Stat. § 545.170 — MO Code / Chapter 545 / Section 545.170
545.170 Intent to injure or defraud, how charged.
Status: in_force

545.170. Intent to injure or defraud, how charged. — It shall be sufficient in any indictment for any offense where an intent to injure, cheat or defraud shall be necessary to constitute the offense, to allege that the defendant did the act with such intent, without alleging the intent of the defendant to be to injure, cheat or defraud any particular person; and on the trial of such offense, it shall not be necessary to prove an intent on the part of the defendant to injure, cheat or defraud any particular person, but it shall be sufficient to prove that the defendant did the act charged with an intent to injure, cheat or defraud.

(RSMo 1939 § 4862) Prior revisions: 1929 § 4469; 1919 § 3710; 1909 § 4921 (1972) Although information charged that defendant tendered a no account check willfully, unlawfully and feloniously with intent to cheat and defraud a specific person, court held that it was sufficient to prove that defendant did the act charged with an intent to injure, cheat or defraud, and that such did not deny defendant due process of law. State v. Bywaters (Mo.), 476 S.W.2d 588.
Mo. Rev. Stat. § 86.354 — MO Code / Chapter 86 / Section 86.354
86.354 Benefit vested and nonforfeitable, when — forfeitures, use of.
Status: in_force

86.354. Benefit vested and nonforfeitable, when — forfeitures, use of. — A member's benefit shall be one hundred percent vested and nonforfeitable upon the first of the following to occur:

(1) The member's attainment of age fifty-five, the normal retirement age; or

(2) The member's completion of twenty years of creditable service regardless of age; or

(3) The termination of the plan established pursuant to sections 86.200 to 86.366 , to the extent the plan is funded. Forfeitures of any nature under such plan shall not be used to increase the benefits of any member, but shall be used to reduce the city's contributions pursuant to section 86.243 .

(L. 1995 H.B. 260, et al. § 6, A.L. 2000 H.B. 1808, A.L. 2011 H.B. 358)
Mo. Rev. Stat. § 170.132 — MO Code / Chapter 170 / Section 170.132
170.132 Preference given to educational materials available in Braille or ...
Status: in_force

170.132. Preference given to educational materials available in Braille or electronic format, public schools. — All public elementary, secondary and postsecondary schools shall preferentially procure educational materials, including textbooks and collateral materials, from vendors who make the materials available in either Braille format or electronic format which is computer-readable in a form approved by the department of elementary and secondary education, or both, at no greater cost than for regular materials.

(L. 1999 H.B. 401)
Mo. Rev. Stat. § 548.241 — MO Code / Chapter 548 / Section 548.241
548.241 Costs and expenses.
Status: in_force

548.241. Costs and expenses. — 1. All necessary and proper expenses accruing under section 548.221 , upon being ascertained to the satisfaction of the governor, shall be allowed on his certificate and paid out of the state treasury as other demands against the state.

2. All necessary and proper expenses accruing as a result of a person being returned to this state pursuant to the provisions of section 548.243 or 217.810 shall be allowed and paid out of the state treasury as if the person were being returned to this state pursuant to section 548.221 .

(L. 1953 p. 425 § 24, A.L. 1957 p. 378, A.L. 1971 S.B. 163, A.L. 1983 H.B. 713 Revision, A.L. 1984 S.B. 611, A.L. 1994 H.B. 1491 & 1134 merged with S.B. 508) Effective 7-01-94
Mo. Rev. Stat. § 245.055 — MO Code / Chapter 245 / Section 245.055
245.055 Procedure.
Status: in_force

245.055. Procedure. — After said notice has been so given the matter shall be proceeded with in the same manner as is provided for where articles of association for the formation of a levee district have been filed.

(RSMo 1939 § 12543) Prior revisions: 1929 § 10953; 1919 § 4647
Mo. Rev. Stat. § 361.270 — MO Code / Chapter 361 / Section 361.270
361.270 Report to attorney general and action by him in certain cases.
Status: in_force

361.270. Report to attorney general and action by him in certain cases. — 1. If any director or officer or employee of any corporation subject to the provisions of this chapter has abused his trust or been guilty of misconduct or malversation in his official position or employment injurious to the institution, the director may, in his discretion, communicate the facts to the attorney general, who shall thereupon institute such proceedings as the nature of the case may require.

2. Such proceedings may be for an order for the removal of one or more of the officers or members of the board of directors, or for any other remedy suggested by the conditions discovered to the court; and the court, or judge thereof in vacation, before whom such proceedings shall be instituted, shall have power forthwith to grant such orders, and in its or his discretion, from time to time, to modify or revoke the same and to grant such relief as the evidence, situation of the parties and the interest involved shall seem to require.

(RSMo 1939 § 7905) Prior revisions: 1929 § 5311; 1919 § 11699
Mo. Rev. Stat. § 43.403 — MO Code / Chapter 43 / Section 43.403
43.403 Responsibilities of other agencies.
Status: in_force

43.403. Responsibilities of other agencies. — The director of the department of social services, the director of the department of mental health, school districts, and juvenile courts, shall establish appropriate procedures to ensure that all possible instances of missing children are reported to the appropriate law enforcement agency or the highway patrol as required by sections 43.400 to 43.409 .

(L. 1988 H.B. 1272, et al.)