FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 115.049 — MO Code / Chapter 115 / Section 115.049
115.049 Number of employees and salaries authorized — salary adjustments, when.
Status: in_force

115.049. Number of employees and salaries authorized — salary adjustments, when. — 1. Each board of election commissioners in existence on January 1, 1978, shall set the salaries of its employees. Except as provided in subsection 3 of this section, the number of employees of each board and the total yearly amount of all salaries paid to the board's employees shall not exceed the number of employees and the total yearly amount of all salaries authorized on January 1, 1982; except that, in any city which has over three hundred thousand inhabitants and is located in more than one county, the board of election commissioners having jurisdiction in the part of the city situated in the county containing the major portion of the city may set the number of its employees and the total yearly amount of all salaries authorized by ordinance.

2. Each board of election commissioners established after January 1, 1978, shall set the salaries of its employees. Except as provided in subsection 3 of this section, the number of employees of each board and the total yearly amount of all salaries paid to the board's employees shall not exceed the number of employees and the total yearly amount of all salaries authorized on December 31, 1977, for counties of the first class not having a charter form of government .

3. If any board of election commissioners wishes to increase the number of its employees or the total yearly amount of all salaries paid to its employees, the board shall deliver a notice of the fact to the presiding officer of the local legislative body or bodies responsible for providing payment of the election commissioners' salaries. The notice shall specify the number of additional employees requested and the additional yearly amount requested by the board and shall include a justification of the increase and a day, not less than ninety days after the notice is delivered, on which the increase is to take effect. Unless any legislative body responsible for approving payment of the election commissioners' salaries adopts a resolution disapproving the increase, the increase shall take effect on the day specified. Any board of election commissioners may implement salary adjustments, after notice to the presiding officer of the local legislative body or bodies responsible for providing payment of the election commissioners' salaries, equal to, but not more than, those adjustments granted to the employees of the local legislative body or bodies without prior legislative approval.

(L. 1977 H.B. 101 § 2.080 , A.L. 1982 S.B. 526, A.L. 2018 S.B. 592 merged with S.B. 975 & 1024 Revision) Effective 8-28-18 (S.B. 975 & 1024 Revision); 11-07-18 (S.B. 592)
Mo. Rev. Stat. § 320.245 — MO Code / Chapter 320 / Section 320.245
320.245 Subpoena powers — hearing, where conducted — fees for service of process ...
Status: in_force

320.245. Subpoena powers — hearing, where conducted — fees for service of process and depositions. — 1. The state fire marshal or supervising investigator may subpoena witnesses, administer oaths, require the production of books, papers, accounts, documents, and other records or material of any evidentiary nature, and may examine witnesses in any investigation or proceeding authorized under sections 320.200 to 320.270 . However, any hearing concerning a fire loss shall be conducted only in the county in which it occurred.

2. The same fees shall be paid for the service of process and the taking of depositions as is provided for like services in circuit court.

(L. 1972 S.B. 487 § 10)
Mo. Rev. Stat. § 40.098 — MO Code / Chapter 40 / Section 40.098
40.098 Trial counsel and defense counsel appointed, when — qualifications — ...
Status: in_force

40.098. Trial counsel and defense counsel appointed, when — qualifications — restrictions. — 1. For each general and special court-martial the authority convening the court shall detail trial counsel and defense counsel, and such assistants as he considers appropriate. No person who has acted as investigating officer, military judge, or court member in any case shall act later as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, as defense counsel or assistant defense counsel in the same case. No person who has acted for the prosecution shall act later in the same case for the defense, nor shall any person who has acted for the defense act later in the same case for the prosecution.

2. Trial counsel or defense counsel detailed for a court-martial:

(1) Must be an officer of the military forces, who is a graduate of an accredited law school and a member of the Missouri Bar, or must be a member of the bar of a federal court or of the highest court of a state; and

(2) Must be certified as competent to perform such duties by the state judge advocate.

(L. 1984 H.B. 1035 § 28)
Mo. Rev. Stat. § 145.971 — MO Code / Chapter 145 / Section 145.971
145.971 Director to determine form and content of returns, documents — ...
Status: in_force

145.971. Director to determine form and content of returns, documents — investigative powers — retention period for reports and returns. — 1. The director of revenue may prescribe the form and contents of any return or other documents, including a copy of part or all of a federal return, required to be filed under the provisions of sections 145.011 to 145.995.

2. The director of revenue for the purpose of ascertaining the corrections of any return, or for the purpose of making an estimate of any person, shall have power to examine or to cause to have examined, by any agent or representative designated by him for that purpose, any books, papers, records, or memoranda bearing upon the matters required to be included in the return, and may require the attendance of the person rendering the return or any officer or employee of such person, or the attendance of any other person having knowledge in the premises, and may take testimony and require proof material for his information, with power to administer oaths to such person or persons.

3. Reports and returns required to be filed under sections 145.011 to 145.995 shall be preserved for four years and thereafter until the director of revenue orders them destroyed.

(L. 1980 S.B. 539) Effective 1-1-81
Mo. Rev. Stat. § 26.040 — MO Code / Chapter 26 / Section 26.040
26.040 Governor may purchase lands at sales under proceedings to which state is party.
Status: in_force

26.040. Governor may purchase lands at sales under proceedings to which state is party. — The governor may attend, in person or by his duly authorized agent, all sales of real estate made by any sheriff under any distress warrant issued by the state director of revenue, or sales made pursuant to executions issued on any judgment, wherein the state of Missouri is a party litigant or is in any wise interested, and buy in the property, if he considers it necessary and expedient, in the name of the state, for its use and benefit, and take proper deed therefor. In such cases, he may credit the sheriff or other officer making the sale with the amount of the bid made on the distress warrant or execution.

(RSMo 1939 § 12699, A.L. 1959 H.B. 121) Prior revisions: 1929 § 11075; 1919 § 6939; 1909 § 7943
Mo. Rev. Stat. § 377.300 — MO Code / Chapter 377 / Section 377.300
377.300 Policy to specify amount to be paid — effect of refusal to pay.
Status: in_force

377.300. Policy to specify amount to be paid — effect of refusal to pay. — 1. Every policy hereafter issued by any corporation, company or association doing business under the provisions of sections 377.200 to 377.460 and promising any payments to be made upon a contingency provided for in sections 377.200 to 377.460 , shall specify the sum of money which it promises to pay upon each contingency insured against and the time or times of payment after satisfactory proof of the happening of such contingency, unless the contract shall have been voided by fraud or breach of its conditions and warranties, or commuted, as provided for in section 377.260 , the company shall be obligated to the beneficiaries of the insured for such payment at the time or times specified and to the amount due under the policy.

2. If any company fail or refuse to make such payment for ninety days after final judgment has been obtained under such claim, the director or other officer charged with the supervision of insurance matters shall notify the company to issue no new policies until such indebtedness is fully paid, and no officer or agent of the company shall make, sign or issue any policy of insurance while such notice is in force.

(RSMo 1939 § 5879) Prior revisions: 1929 § 5768; 1919 § 6178; 1909 § 6972
Mo. Rev. Stat. § 174.120 — MO Code / Chapter 174 / Section 174.120
174.120 College under general control and management of regents.
Status: in_force

174.120. College under general control and management of regents. — Each state teachers college shall be under the general control and management of its board of regents, and the board shall possess full power and authority to adopt all needful rules and regulations for the guidance and supervision of the conduct of all students while enrolled as such; to enforce obedience to the rules; to invest the faculty with the power to suspend, or expel any student for disobedience to the rules, or for any contumacy, insubordination, dishonesty, drunkenness or immoral conduct; to appoint and dismiss all officers and teachers; to direct the course of instruction; to designate the textbooks to be used; to direct what reports shall be made; to appoint a treasurer for such college, and to determine the amount of his bond, which shall be in amount not less than ten thousand dollars; and to have the entire management of the college, including qualifications for admission.

(RSMo 1939 § 10760) Prior revisions: 1929 § 9603; 1919 § 11498; 1909 § 11071
Mo. Rev. Stat. § 469.431 — MO Code / Chapter 469 / Section 469.431
469.431 Rental property, allocation to income.
Status: in_force

469.431. Rental property, allocation to income. — To the extent that a trustee accounts for receipts from rental property pursuant to this section, the trustee shall allocate to income an amount received as rent of real or personal property, including an amount received for cancellation or renewal of a lease. An amount received as a refundable deposit, including a security deposit or a deposit that is to be applied as rent for future periods, shall be added to principal and held subject to the terms of the lease and is not available for distribution to a beneficiary until the trustee's contractual obligations have been satisfied with respect to that amount.

(L. 2001 H.B. 241)
Mo. Rev. Stat. § 359.071 — MO Code / Chapter 359 / Section 359.071
359.071 Business transactions of partner with the limited partnership.
Status: in_force

359.071. Business transactions of partner with the limited partnership. — Except as provided in the partnership agreement, a partner may lend money to and transact other business with the limited partnership and, subject to other applicable law, has the same rights and obligations with respect thereto as a person who is not a partner.

(L. 1985 H.B. 512 & 650) Effective 1-01-87
Mo. Rev. Stat. § 115.221 — MO Code / Chapter 115 / Section 115.221
115.221 Voting records to be inspected annually.
Status: in_force

115.221. Voting records to be inspected annually. — Notwithstanding any other provisions of law to the contrary, each election authority may have the voting records inspected and may investigate the qualifications of any person who has not voted or transferred his registration within the four preceding calendar years.

(L. 1977 H.B. 101 § 7.355, A.L. 2014 H.B. 1136)
Mo. Rev. Stat. § 181.040 — MO Code / Chapter 181 / Section 181.040
181.040 Headquarters.
Status: in_force

181.040. Headquarters. — The headquarters of the state library shall be in Jefferson City in adequate and suitable quarters provided by the office of administration.

(RSMo 1939 § 14736, A.L. 1945 p. 1132 § 14735, A.L. 1991 S.B. 197) Prior revisions: 1929 § 13437; 1919 § 7180; 1909 § 8176 Effective 7-1-93
Mo. Rev. Stat. § 56.453 — MO Code / Chapter 56 / Section 56.453
56.453 Circuit attorney, additional duties, how established.
Status: in_force

56.453. Circuit attorney, additional duties, how established. — If the St. Louis board of aldermen enacts an ordinance in accordance with the applicable provisions of the St. Louis City charter, the circuit attorney for the City of St. Louis may perform the following duties in addition to all other duties imposed by law:

(1) Act as defense counsel or co-counsel for any elected county official of the city of St. Louis if that official is sued in connection with the performance of his office, under the provisions of Section 1983, Title 42, United States Code;

(2) Represent the sheriff of the City of St. Louis or the St. Louis metropolitan police department in writs of replevin filed for the return of property that is or has been used as evidence in any state criminal or traffic case;

(3) Represent petitioners in civil contempt proceedings when it is alleged that a respondent has violated a court order under chapter 455 ;

(4) Upon his own motion or on a motion of the court or on a motion of the public defender, initiate proceedings under section 600.100 to determine the present ability of any defendant to pay all or a portion of the costs of his representation.

(L. 1981 S.B. 133, A.L. 1984 S.B. 601, A.L. 1987 S.B. 65, et al.) Effective 1-01-88
Mo. Rev. Stat. § 182.110 — MO Code / Chapter 182 / Section 182.110
182.110 Librarians required to attend meetings — expenses.
Status: in_force

182.110. Librarians required to attend meetings — expenses. — County librarians shall be required to attend state library meetings and district library institutes, the actual and necessary expenses incident thereto being a charge against the county library fund.

(RSMo 1939 § 14774, A.L. 1955 p. 547) Prior revision: 1929 § 13470
Mo. Rev. Stat. § 375.1509 — MO Code / Chapter 375 / Section 375.1509
375.1509 Life insurance illustration, label, contents, use in sales presentation, ...
Status: in_force

375.1509. Life insurance illustration, label, contents, use in sales presentation, interest rates. — 1. An illustration used in the sale of a life insurance policy shall satisfy the applicable requirements of sections 375.1500 to 375.1527 , be clearly labeled "life insurance illustration" and contain the following basic information:

(1) Name of insurer;

(2) Name and business address of producer or insurer's authorized representative, if any;

(3) Name, age and sex of proposed insured, except where a composite illustration is permitted pursuant to sections 375.1500 to 375.1527 ;

(4) Underwriting or rating classification upon which the illustration is based;

(5) Generic name of policy, the company product name, if different, and form number;

(6) Initial death benefit; and

(7) Dividend option election or application of nonguaranteed elements, if applicable.

2. When using an illustration in the sale of a life insurance policy, an insurer or its producers or other authorized representatives shall not:

(1) Represent the policy as anything other than a life insurance policy;

(2) Use or describe nonguaranteed elements in a manner that is misleading or has the capacity or tendency to mislead;

(3) State or imply that the payment or amount of nonguaranteed elements is guaranteed;

(4) Use an illustration that does not comply with the requirements of sections 375.1500 to 375.1527 ;

(5) Use an illustration that at any policy duration depicts policy performance more favorable to the policy owner than that produced by the illustrated scale of the insurer whose policy is being illustrated;

(6) Provide an applicant with an incomplete illustration;

(7) Represent in any way that premium payments will not be required for each year of the policy in order to maintain the illustrated death benefits, unless that is the fact;

(8) Use the term "vanish" or "vanishing premium" , or a similar term that implies the policy becomes paid up, to describe a plan for using nonguaranteed elements to pay a portion of future premiums;

(9) Except for policies that can never develop nonforfeiture values, use an illustration that is "lapse-supported"; or

(10) Use an illustration that is not "self-supporting".

3. If an interest rate used to determine the illustrated nonguaranteed elements is shown, it shall not be greater than the earned interest rate underlying the disciplined current scale.

(L. 1998 S.B. 722 § 9)
Mo. Rev. Stat. § 589.512 — MO Code / Chapter 589 / Section 589.512
589.512 Commissioner appointed, membership of state council.
Status: in_force

589.512. Commissioner appointed, membership of state council. — Each member state shall create a State Council for Interstate Adult Offender Supervision which shall be responsible for the appointment of the commissioner who shall serve on the Interstate Commission from that state. Each state council shall appoint as its commissioner the Compact Administrator from that state to serve on the Interstate Commission in such capacity under or pursuant to applicable law of the member state. While each member state may determining the membership of its own state council, its membership must include at least one representative from the legislative, judicial, and executive branches of government, victims groups and compact administrators. Each compacting state retains the right to determine the qualifications of the Compact Administrator who shall be appointed by the state council or by the Governor in consultation with the Legislature and the Judiciary. In addition to appointment of its commissioner to the National Interstate Commission, each state council shall exercise oversight and advocacy concerning its participation in Interstate Commission activities and other duties as may be determined by each member state including but not limited to, development of policy concerning operations and procedures of the compact within that state.

(L. 2000 H.B. 1321) Effective 6-19-02, see § 589.548
Mo. Rev. Stat. § 473.787 — MO Code / Chapter 473 / Section 473.787
473.787 Duties of personal representative in independent administration — attorney ...
Status: in_force

473.787. Duties of personal representative in independent administration — attorney required, when. — 1. While letters testamentary or of administration authorizing independent administration of the estate are in force, the personal representative therein named is an independent personal representative and his administration of the estate is an independent administration, and all actions taken on or after August 28, 1996, shall be in accordance with the provisions of the Missouri prudent investor act, sections 469.900 to 469.913 .

2. An independent personal representative shall proceed expeditiously with the settlement and distribution of the estate in accordance with the applicable provisions of this chapter and, except as otherwise specified by the provisions of sections 473.780 to 473.843 , shall do so without adjudication, order, or direction of the court, but he may invoke the jurisdiction of the court, in proceedings authorized by this code, to resolve questions concerning the estate or its administration or distribution.

3. Unless he is a member in good standing of the Missouri bar, an independent personal representative, because he owes a fiduciary duty to the persons interested in the estate, shall secure the advice and services of an attorney, who is not a salaried employee of the personal representative, on legal questions arising in connection with:

(1) The application for and issuance of letters testamentary or of administration;

(2) The collection, investment and preservation of assets;

(3) The inventory;

(4) The allowance, disallowance, compromise and payment of claims;

(5) The making of tax returns;

(6) The transfer and encumbrance of property of the estate;

(7) The interpretation of the will and of the intestacy laws;

(8) The scheme and making of distribution; and

(9) The closing of the estate.

(L. 1980 S.B. 637, A.L. 1996 H.B. 1432, A.L. 2006 S.B. 892)
Mo. Rev. Stat. § 55.080 — MO Code / Chapter 55 / Section 55.080
55.080 Certificate of election — oath of office.
Status: in_force

55.080. Certificate of election — oath of office. — The auditor shall, before entering upon the duties of his office, take and subscribe to an oath endorsed on his certificate of election that he will support the Constitution of the United States and of the state of Missouri, and faithfully and impartially discharge all the duties of his office; which certificate and the oath of office endorsed thereon shall be recorded in the recorder's office of the county and then deposited and safely kept in the office of the clerk of the county commission.

(RSMo 1939 § 13866, A.L. 1973 H.B. 678, A.L. 1978 H.B. 971) Prior revisions: 1929 § 12203; 1919 § 9601; 1909 § 3822
Mo. Rev. Stat. § 145.601 — MO Code / Chapter 145 / Section 145.601
145.601 Correction or amendment of federal estate tax return, report to director of ...
Status: in_force

145.601. Correction or amendment of federal estate tax return, report to director of revenue required, exceptions by regulation. — If the amount of a taxpayer's federal taxable estate, adjusted taxable gifts, or credit for state death taxes reported on his federal estate tax return is changed or corrected by the United States Internal Revenue Service or other competent authority, the taxpayer shall report the change or correction within ninety days after the final determination of the change or correction or as otherwise required by the director of revenue. Each report shall state whether and wherein the determination is believed to be erroneous. Any taxpayer filing an amended federal estate tax return shall also file within ninety days thereafter an amended return under sections 145.011 to 145.995 and shall give such information as the director of revenue may require. The imposition of an additional tax by Internal Revenue Code Section 2032A shall constitute a change. The director of revenue may by regulation prescribe exceptions to the requirements of this section as he deems appropriate.

(L. 1980 S.B. 539) Effective 1-1-81
Mo. Rev. Stat. § 404.725 — MO Code / Chapter 404 / Section 404.725
404.725 Compensation of attorney in fact.
Status: in_force

404.725. Compensation of attorney in fact. — Subject to the provisions of the power of attorney and any separate agreement, an attorney in fact is entitled to reasonable compensation for services rendered to the principal as attorney in fact and reimbursement for reasonable expenses incurred as a result of acting as attorney in fact for the principal.

(L. 1989 H.B. 145 § 12)
Mo. Rev. Stat. § 227.110 — MO Code / Chapter 227 / Section 227.110
227.110 Specifications for state highway system.
Status: in_force

227.110. Specifications for state highway system. — The state highway system shall be constructed in accordance with plans, specifications, estimates of cost, and contracts entered into with the commission, in the name of the state of Missouri. Said roads shall have a right-of-way not less than forty feet wide, or as much wider as may be necessary. Bridges and culverts over all nonnavigable streams which are located at points where such streams intersect the state highway system shall be regarded as part of the state highway.

(RSMo 1939 § 8767) Prior revision: 1929 § 8119
Mo. Rev. Stat. § 262.810 — MO Code / Chapter 262 / Section 262.810
262.810 Eminent domain, public hearing required before taking property.
Status: in_force

262.810. Eminent domain, public hearing required before taking property. — Property subject to the farmland protection act shall not be taken in whole or in part by any political subdivision of this state by eminent domain except after a public hearing pursuant to chapter 610 .

(L. 2001 S.B. 462)