FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 347.113 — MO Code / Chapter 347 / Section 347.113
347.113 Members — additional members.
Status: in_force

347.113. Members — additional members. — 1. A person is a member at the time the limited liability company is formed if such person is identified as a member in and signs, in person or by an attorney in fact, or otherwise becomes a party to the operating agreement.

2. A person may be admitted as an additional member by signing, in person or by an attorney in fact, or otherwise becoming a party to the operating agreement and by complying with the applicable terms and conditions of the operating agreement or, if the operating agreement does not so provide, upon the written consent of all members; or in the case of an assignee of the interest of a member who has the power, as provided in the operating agreement, to grant the assignee the right to become a member, upon the exercise of that power in compliance with any conditions limiting the exercise thereof.

(L. 1993 S.B. 66 & 20 § 359.768) Effective 12-01-93
Mo. Rev. Stat. § 474.120 — MO Code / Chapter 474 / Section 474.120
474.120 Inheritance and statutory rights deemed waived, when.
Status: in_force

474.120. Inheritance and statutory rights deemed waived, when. — The rights of inheritance or any other statutory rights of a surviving spouse of a decedent who dies intestate shall be deemed to have been waived if prior to, or after, the marriage such intended spouse or spouse by a written contract did agree to waive such rights, after full disclosure of the nature and extent thereof, including the nature and extent of all property interests of the parties, and if the thing or promise given to the waiving party is a fair consideration under all the circumstances.

(RSMo 1939 § 334, A.L. 1955 p. 385 § 247, A.L. 1963 p. 655) Prior revisions: 1929 § 334; 1919 § 330; 1909 § 362 (1964) Where husband and wife had entered antenuptial contract by which each agreed not to share in the other's estate and waived all interest or claims of every kind and nature and all marital, statutory, and dower rights and allowances as surviving spouse, widower was barred from claiming homestead and family support allowance as well as other participation in wife's estate, except as authorized by the contract. In re Adelman's Estate (A.), 377 S.W.2d 549. (1968) Anticipatory, preparatory, collateral, and ancillary acts performed in reliance on a verbal contract, generally are not sufficient part performance to call for an exception to the provisions of the statute of frauds; but if the verbal agreement is sufficiently established, the acts are done with the knowledge of the other party, and if the changes in circumstances resulting from such acts are of such nature that the consequences thereof are, or may be, disastrous, the court may enforce the contract, even though the acts are not, strictly speaking, in execution of the contract. Pointer v. Ward (Mo.), 429 S.W.2d 269.
Mo. Rev. Stat. § 143.1015 — MO Code / Chapter 143 / Section 143.1015
143.1015 Foster care and adoptive parents recruitment and retention fund, refund ...
Status: in_force

143.1015. Foster care and adoptive parents recruitment and retention fund, refund donation to — director's duties. — 1. In each taxable year beginning on or after January 1, 2011, each individual or corporation entitled to a tax refund in an amount sufficient to make a designation under this section may designate that one dollar or any amount in excess of one dollar on a single return, and two dollars or any amount in excess of two dollars on a combined return, of the refund due be credited to the foster care and adoptive parents recruitment and retention fund as established under section 453.600 , hereinafter referred to as the fund. If any individual or corporation that is not entitled to a tax refund in an amount sufficient to make a designation under this section wishes to make a contribution to the fund, such individual or corporation may, by separate check, draft, or other negotiable instrument, send in with the payment of taxes, or may send in separately, that amount, clearly designated for the foster care and adoptive parents recruitment and retention fund, the individual or corporation wishes to contribute. The department of revenue shall deposit such amount to the fund as provided in subsections 2 and 3 of this section. All moneys credited to the fund shall be considered nonstate funds under the provisions of Article IV, Section 15 of the Missouri Constitution.

2. The director of revenue shall deposit at least monthly all contributions designated by individuals under this section to the state treasurer for deposit to the fund.

3. The director of revenue shall deposit at least monthly all contributions designated by corporations under this section, less an amount sufficient to cover the costs of collection and handling by the department of revenue, to the state treasury for deposit to the fund.

4. A contribution designated under this section shall only be deposited in the fund after all other claims against the refund from which such contribution is to be made have been satisfied.

5. Moneys deposited in the fund shall be distributed by the department of social services in accordance with the provisions of this section and section 453.600 .

(L. 2011 H.B. 431 merged with H.B. 604, A.L. 2018 S.B. 843)
Mo. Rev. Stat. § 256.655 — MO Code / Chapter 256 / Section 256.655
256.655 Fees may be established for persons owning irrigation wells — ...
Status: in_force

256.655. Fees may be established for persons owning irrigation wells — qualification, limitation — to raise fee must submit to voters. — 1. The commission may establish annual fees to be paid by persons owning irrigation wells which measure six inches in diameter or greater. Such fee may not exceed five dollars per well without prior approval of the qualified voters as provided for in sections 256.643 to 256.660 . The commission may propose to raise the fee to an amount not to exceed twenty-five dollars per well. The fee shall be raised to such amount upon approval by at least two-thirds of those voting on the question in the district. The fee shall be set by the commission in an amount necessary to produce revenue reasonably required to implement the provisions of sections 256.643 to 256.660 and shall be based upon the number of irrigation wells owned, water usage, size of the irrigation well or any combination thereof, adopted by the commission.

2. Each owner of a new irrigation well drilled which is an irrigation well measuring six inches in diameter or greater shall pay a fee to the commission of fifteen dollars for each new irrigation well drilled and each owner of an irrigation well measuring six inches in diameter or greater which is plugged under this chapter shall pay a fee to the commission of fifteen dollars.

3. The commission shall meet at least quarterly and upon the call of the president or any three members of the commission.

4. The fees authorized under this section shall not apply to any political subdivision or special district of the state.

(L. 1992 S.B. 661 & 620 § 27, A.L. 1993 H.B. 482)
Mo. Rev. Stat. § 242.580 — MO Code / Chapter 242 / Section 242.580
242.580 Drainage tax, when delinquent — penalty.
Status: in_force

242.580. Drainage tax, when delinquent — penalty. — All taxes provided for in sections 242.010 to 242.690 remaining unpaid after December thirty-first of the year for which said taxes were levied shall become delinquent and bear a penalty of one percent per month on the amount of said taxes from date of delinquency until paid. In computing said penalty each fractional part of a month shall be counted as a full month.

(RSMo 1939 § 12343) Prior revisions: 1929 § 10762; 1919 § 4397
Mo. Rev. Stat. § 354.565 — MO Code / Chapter 354 / Section 354.565
354.565 Community-based health maintenance organization designation given, when — ...
Status: in_force

354.565. Community-based health maintenance organization designation given, when — revocation. — The director of the department of commerce and insurance shall designate those health maintenance organizations which meet the criteria established in subdivision (3) of section 354.400 as community-based health maintenance organizations. After a community-based health maintenance organization has been so designated for two years, the director may revoke such designation at any time thereafter upon finding that the health maintenance organization has ceased to meet the established criteria for community-based health maintenance organizations.

(L. 1997 H.B. 335 § 9)
Mo. Rev. Stat. § 469.441 — MO Code / Chapter 469 / Section 469.441
469.441 Allocation of interest in minerals or other natural resources — interest in ...
Status: in_force

469.441. Allocation of interest in minerals or other natural resources — interest in water, allocation of. — 1. To the extent that a trustee accounts for receipts from an interest in minerals or other natural resources pursuant to this section, the trustee shall allocate them as follows:

(1) If received as nominal delay rental or nominal annual rent on a lease, a receipt shall be allocated to income;

(2) If received from a production payment, a receipt shall be allocated to income if and to the extent that the agreement creating the production payment provides a factor for interest or its equivalent. The balance shall be allocated to principal;

(3) If an amount received as a royalty, shut-in-well payment, take-or-pay payment, bonus or delay rental is more than nominal, ninety percent shall be allocated to principal and the balance to income;

(4) If an amount is received from a working interest or any other interest not provided for in subdivision (1), (2) or (3) of this subsection, ninety percent of the net amount received shall be allocated to principal and the balance to income.

2. An amount received on account of an interest in water that is renewable shall be allocated to income. If the water is not renewable, ninety percent of the amount shall be allocated to principal and the balance to income.

3. Sections 469.401 to 469.467 apply whether or not a decedent or donor was extracting minerals, water or other natural resources before the interest became subject to the trust.

4. If a trust owns an interest in minerals, water or other natural resources on August 28, 2001, the trustee may allocate receipts from the interest as provided in sections 469.401 to 469.467 or in the manner used by the trustee before August 28, 2001. If the trust acquires an interest in minerals, water or other natural resources after August 28, 2001, the trustee shall allocate receipts from the interest as provided in sections 469.401 to 469.467 .

(L. 2001 H.B. 241)
Mo. Rev. Stat. § 137.545 — MO Code / Chapter 137 / Section 137.545
137.545 False returns — penalty.
Status: in_force

137.545. False returns — penalty. — Any person or any officer in a corporation, partnership or association required by law to make, render, sign or verify any return who makes any false or fraudulent return or statement, with intent to defeat or evade the assessment required by sections 137.485 to 137.550 to be made, shall upon conviction be fined not to exceed five hundred dollars, or be imprisoned not to exceed one year, or both, at the discretion of the court, with the cost of prosecution. Any corporation, partnership or association rendering a false or fraudulent return is liable to a penalty of not less than one hundred dollars and not to exceed five thousand dollars, at the discretion of the court, with the costs of prosecution.

(L. 1945 p. 1859 § 22, A.L. 1959 H.B. 108)
Mo. Rev. Stat. § 374.750 — MO Code / Chapter 374 / Section 374.750
374.750 Refusal to issue or renew license — applicant's right to hearing.
Status: in_force

374.750. Refusal to issue or renew license — applicant's right to hearing. — The department may refuse to issue or renew any license required pursuant to sections 374.700 to 374.775 for any one or any combination of causes stated in section 374.755 . The department shall notify the applicant in writing of the reasons for the refusal and shall advise the applicant of his right to file a complaint with the administrative hearing commission as provided by chapter 621 .

(L. 1983 S.B. 363 § 7 subsec. 1)
Mo. Rev. Stat. § 473.320 — MO Code / Chapter 473 / Section 473.320
473.320 Interest may be sold, when.
Status: in_force

473.320. Interest may be sold, when. — If the court believes that, after payment of claims, there will not be sufficient assets to pay for the real or personal property referred to in section 473.317 , it may order the executor or administrator to sell all the right, title and interest of the decedent therein, including all right of the decedent to any option to purchase the real or personal property.

(RSMo 1939 § 134, A.L. 1955 p. 385 § 122) Prior revisions: 1929 § 135; 1919 § 134; 1909 § 143
Mo. Rev. Stat. § 304.200 — MO Code / Chapter 304 / Section 304.200
304.200 Special permits for oversize or overweight loads — rules for issuing — when ...
Status: in_force

304.200. Special permits for oversize or overweight loads — rules for issuing — when valid. — 1. The chief engineer of the state department of transportation, for good cause shown and when the public safety or public interest so justifies, shall issue special permits for vehicles or equipment exceeding the limitations on width, length, height and weight herein specified, or which are unable to maintain minimum speed limits. Such permits shall be issued only for a single trip or for a definite period, not beyond the date of expiration of the vehicle registration, and shall designate the highways and bridges which may be used pursuant to the authority of such permit.

2. The chief engineer of the state department of transportation shall upon proper application and at no charge issue a special permit to any person allowing the movement on state and federal highways of farm products between sunset and sunrise not in excess of fourteen feet in width. Special permits allowing movement of oversize loads of farm products shall allow for movement between sunset and sunrise, subject to appropriate requirements for safety lighting on the load, appropriate limits on load dimensions and appropriate consideration of high traffic density between sunset and sunrise on the route to be traveled. The chief engineer may also issue upon proper application a special permit to any person allowing the movement on the state and federal highways of concrete pump trucks or well-drillers equipment. For the purposes of this section, "farm products" shall have the same meaning as provided in section 400.9-109 .

3. Rules and regulations for the issuance of special permits shall be prescribed by the state highways and transportation commission and filed with the secretary of state. No rule or portion of a rule promulgated pursuant to the authority of section 304.010 and this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536 .

4. The officer in charge of the maintenance of the streets of any municipality may issue such permits for the use of the streets by such vehicles within the limits of such municipalities.

5. In order to transport manufactured homes, as defined in section 700.010 , on the roads, highways, bridges and other thoroughfares within this state, only the applicable permits required by this section shall be obtained.

(RSMo 1939 §§ 8384, 8405, 8406, A.L. 1943 p. 663, A. 1949 S.B. 1113, A.L. 1972 S.B. 546, A.L. 1979 S.B. 44, A.L. 1983 H.B. 539, A.L. 1985 S.B. 221 merged with S.B. 152, A.L. 1988 S.B. 686, A.L. 1989 S.B. 278, A.L. 1995 S.B. 3, A.L. 1996 S.B. 677, A.L. 2000 H.B. 1142 merged with H.B. 1948, A.L. 2002 H.B. 1270 and H.B. 2032 merged with S.B. 974) Prior revision: 1929 §§ 7776, 7787, 7788 CROSS REFERENCE: Over-dimension and overweight motor vehicles or loads, authority of highways and transportation commission, 226.008
Mo. Rev. Stat. § 443.845 — MO Code / Chapter 443 / Section 443.845
443.845 Residential mortgage licensing fund created — purpose — fees to be ...
Status: in_force

443.845. Residential mortgage licensing fund created — purpose — fees to be deposited in interest-bearing account to credit of fund — amount in fund subject to lapse into general revenue. — 1. There is hereby created in the state treasury the "Residential Mortgage Licensing Fund" which shall be used, upon appropriation by the general assembly, for all costs incurred by the director in administering the provisions of sections 443.701 to 443.893 . The director shall transmit all fees received by the director pursuant to sections 443.701 to 443.893 to the director of revenue for deposit in an interest-bearing account in the state treasury to the credit of the residential mortgage licensing fund. Any interest earned on the money in this fund shall be credited to the residential mortgage licensing fund.

2. Notwithstanding the provisions of section 33.080 to the contrary, money in this fund shall not be transferred and placed to the credit of general revenue until the amount in the fund at the end of the biennium exceeds three times the amount of the appropriations from the residential mortgage licensing fund for the preceding fiscal year. The amount, if any, in the fund which shall lapse is that amount in the fund which exceeds the appropriate multiple of the appropriations from the residential mortgage licensing fund for the preceding fiscal years.

(L. 1994 S.B. 718 § 14 subsecs. 3, 4, A.L. 1995 H.B. 63, et al., A.L. 2009 H.B. 382) Effective 7-08-09
Mo. Rev. Stat. § 227.010 — MO Code / Chapter 227 / Section 227.010
227.010 Definitions.
Status: in_force

227.010. Definitions. — The definitions of the terms "civil subdivision", "commission", "commissioner", "engineer", "municipality", "state highway" and "hard-surfaced road" as provided by section 226.010 shall apply to such terms as used in this chapter.

(RSMo 1939 § 8741, A. 1949 S.B. 1074) Prior revision: 1929 § 8093
Mo. Rev. Stat. § 416.420 — MO Code / Chapter 416 / Section 416.420
416.420 Discrimination in price between localities — evidence.
Status: in_force

416.420. Discrimination in price between localities — evidence. — 1. No processor or distributor shall, with the intent or with the effect of unfairly diverting trade from a competitor, or of otherwise injuring a competitor, or of destroying competition, discriminate in price in the sale of any milk product furnished from the same plant between any of the towns, cities, municipalities or counties of this state; except that no violation results from different prices which reflect, in the case of a processor, the actual transportation cost from point of processing to point of sale, and, in the case of a distributor, the actual transportation cost from point of purchase to point of resale.

2. Proof of the advertising, offer for sale or sale of any milk products furnished from the same plant in any town, city, municipality, or county at prices less than advertised, offered for sale, or sold in any other town, city, municipality or county by the processor or distributor, which cannot be accounted for by the difference in the transportation costs is prima facie evidence of a violation of this section.

(L. 1959 H.B. 255 § 3) (1964) This section does not apply to cost justified volume pricing as such pricing does not constitute discriminations in price "between any of the towns, cities, municipalities or counties of this state". Foremost Dairies, Inc. v. Thomason (Mo.), 384 S.W.2d 651.
Mo. Rev. Stat. § 42.200 — MO Code / Chapter 42 / Section 42.200
42.200 Program established, criteria — veteran defined.
Status: in_force

42.200. Program established, criteria — veteran defined. — 1. There is hereby created within the state adjutant general's office the "Korean Conflict Medallion Program". Every veteran who honorably served on active duty in the United States military service at any time beginning June 27, 1950, and ending January 31, 1955, shall be entitled to receive a Korean Conflict medallion, medal, and a certificate of appreciation pursuant to sections 42.200 to 42.206 , provided that:

(1) Such veteran is a legal resident of this state or was a legal resident of this state at the time he or she entered or was discharged from military service or at the time of his or her death or such veteran served in a unit of the Missouri National Guard regardless of whether such veteran is or ever was a legal resident of this state; and

(2) Such veteran was honorably separated or discharged from military service or is still in active service in an honorable status, or was in active service in an honorable status at the time of his or her death.

2. The Korean Conflict medallion, medal, and a certificate shall be awarded regardless of whether or not such veteran served within the United States or in a foreign country. The medallion, medal, and the certificate shall be awarded regardless of whether or not such veteran was under eighteen years of age at the time of enlistment. For purposes of sections 42.200 to 42.206 , "veteran" means any person defined as a veteran by the United States Department of Veterans Affairs or its successor agency.

(L. 2003 S.B. 219, A.L. 2005 H.B. 163, et al., A.L. 2014 S.B. 600)
Mo. Rev. Stat. § 509.070 — MO Code / Chapter 509 / Section 509.070
509.070 Two claims may be joined in a single action, when — court shall grant ...
Status: in_force

509.070. Two claims may be joined in a single action, when — court shall grant relief, when. — Whenever a claim is one heretofore cognizable only after another claim has been prosecuted to a conclusion, the two claims may be joined in a single action; but the court shall grant relief in that action only in accordance with the relative substantive rights of the parties. In particular, a plaintiff may state a claim for money and a claim to have set aside a conveyance fraudulent as to him, without first having obtained a judgment establishing the claim for money; a plaintiff may state his original claim against the defendant and also in either the original or an amended petition or a reply, a claim for having any release, composition, settlement, or discharge of the original claim set aside as fraudulent or otherwise wrongfully procured.

(L. 1943 p. 353 § 38)
Mo. Rev. Stat. § 173.1155 — MO Code / Chapter 173 / Section 173.1155
173.1155 In-state tuition, dependents of military personnel assigned geographically ...
Status: in_force

173.1155. In-state tuition, dependents of military personnel assigned geographically within this state eligible for. — Notwithstanding any other provision of law, all dependents, as defined by 37 U.S.C. Section 401, of active duty military personnel, or activated or temporarily mobilized reservists or guard members, assigned to a permanent duty station or workplace geographically located in this state, who reside in this state, shall be deemed to be domiciled in this state for purposes of eligibility for in-state tuition and shall be eligible to receive in-state tuition at public institutions of higher education in this state. The determination of eligibility for in-state tuition shall be made at the time the dependent is accepted for admission by the institution. All such dependents shall be afforded the same educational benefits as any other individual receiving in-state tuition so long as he or she is continuously enrolled in an undergraduate or graduate degree program of an institution of higher education in Missouri, or transferring between Missouri institutions of higher education or from an undergraduate degree program to a graduate degree program.

(L. 2009 H.B. 427, A.L. 2019 S.B. 306)