FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 375.024 — MO Code / Chapter 375 / Section 375.024
375.024 Life insurance producer examinations, review of — collection of data — ...
Status: in_force

375.024. Life insurance producer examinations, review of — collection of data — annual report — rulemaking authority. — 1. The provisions of this section shall only apply to life insurance producer examinations.

2. The director or, at the director's discretion, a vendor under contract with the department, shall review license producer examinations subject to the provisions of this section if, during any twelve-month period beginning on September first of a year, the examinations exhibit an overall pass rate of less than seventy percent for first-time examinees.

3. In conformance with appropriate law relating to privacy, the department shall collect demographic information, including, race, gender, and national origin, from an individual taking a license examination subject to the provisions of this section.

4. The department shall compile an annual report based on the review required under subsection 2 of this section. The report shall indicate whether there was any disparity in the examination pass rate based on demographic information.

5. The director by rule may establish procedures as necessary to:

(1) Collect demographic information necessary to implement the provisions of this section; and

(2) Ensure that a review required under subsection 2 of this section is conducted and the resulting report is prepared. Any rule or portion of a rule, as that term is defined in section 536.010 , that is created under the authority delegated in this section 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 . This section 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, 2010, shall be invalid and void.

6. The director shall deliver the report prepared under this section to the governor, the lieutenant governor, the president pro tem of the senate, and the speaker of the house of representatives not later than December first of each year.

7. The first twelve-month period for which a license examination review may be required under this section shall begin September 1, 2010.

8. The director shall deliver the initial report required under this section, not later than December 1, 2011.

(L. 2010 S.B. 583)
Mo. Rev. Stat. § 339.820 — MO Code / Chapter 339 / Section 339.820
339.820 Limited agency agreement, listings or representing client, appointment of ...
Status: in_force

339.820. Limited agency agreement, listings or representing client, appointment of affiliated licensees. — 1. A designated broker entering into a limited agency agreement with a client for the listing of property or for the purpose of representing that person in the buying, selling, exchanging, renting, or leasing of real estate may appoint in writing affiliated licensees as designated agents to the exclusion of all other affiliated licensees. A designated broker entering into a written transaction brokerage agreement with a party for the listing of property or for the purpose of assisting that person in buying, selling, exchanging, renting, or leasing of real estate may appoint in writing affiliated licensees as designated transaction brokers to the exclusion of all other affiliated licensees. If a designated broker has made an appointment pursuant to this section, an affiliated licensee assisting a party without a written agreement shall be presumed to be a transaction broker to the exclusion of all other affiliated licensees, unless a different brokerage relationship status has been disclosed to or established with that party.

2. A designated broker shall not be considered to be a dual agent or a transaction broker solely because such broker makes an appointment pursuant to this section, except that any licensee who personally represents both the seller and buyer or both the landlord and tenant in a particular transaction shall be a dual agent or a transaction broker and shall be required to comply with the provisions governing dual agents or transaction brokers.

(L. 1996 S.B. 664 § 12, A.L. 1998 H.B. 1601, et al., A.L. 1999 H.B. 866) Effective 1-01-00
Mo. Rev. Stat. § 650.161 — MO Code / Chapter 650 / Section 650.161
650.161 Eligibility for state grants — department of public safety to monitor units.
Status: in_force

650.161. Eligibility for state grants — department of public safety to monitor units. — 1. A multijurisdictional enforcement group which meets the minimum criteria established in this section is eligible to receive state grants to help defray the costs of operation.

2. To be eligible for state grants, a MEG shall:

(1) Be established and operating pursuant to intergovernmental contracts written and executed in conformity by law, and involve two or more units of local government;

(2) Establish a MEG policy board composed of an elected official, or his designee, and the chief law enforcement officer from each participating unit of local government and a representative of a hazardous materials response team or, if such team is not formed, then a representative of the local fire response agency, to oversee the operations of the MEG and make such reports to the department of public safety as the department may require;

(3) Designate a single appropriate official of a participating unit of local government to act as the financial officer of the MEG for all participating units of the local government and to receive funds for the operation of the MEG;

(4) Limit its target operation to enforcement of drug laws;

(5) Cooperate with the department of public safety in order to assure compliance with sections 650.150 to 650.165 and to enable the department to fulfill its duties under sections 650.150 to 650.165 and supply the department with all information the department deems necessary therefor;

(6) Cooperate with the local hazardous material response team to establish a local emergency response strategy.

3. The department of public safety shall monitor the operations of all MEG units which receive state grants. From the moneys appropriated annually, if funds are made available by the general assembly for this purpose, the director shall determine and certify to the auditor the amount of the grant to be made to each designated MEG financial officer. No provision of this section shall prohibit funding of multijurisdictional enforcement groups by sources other than those provided by the general assembly, if such funding is in accordance with and in such a manner as provided by law.

(L. 1993 S.B. 180 § 5, A.L. 1999 S.B. 207, A.L. 2014 S.B. 491) Transferred 2014; formerly 195.509; Effective 1-01-17
Mo. Rev. Stat. § 375.1162 — MO Code / Chapter 375 / Section 375.1162
375.1162 Director may order activities to prevent delinquency proceeding.
Status: in_force

375.1162. Director may order activities to prevent delinquency proceeding. — Whenever the director has reasonable cause to believe, and determines that any domestic insurer has committed or engaged in, or is about to commit or engage in, any act, practice, or transaction that would subject it to delinquency proceedings under sections 375.1150 to 375.1246 , he may make and serve upon the insurer and any other persons involved, such orders as are reasonably necessary to correct, eliminate or remedy such conduct, condition or ground. Any such order of the director may be appealed as provided by section 536.150 .

(L. 1991 H.B. 385, et al. § 57)
Mo. Rev. Stat. § 510.090 — MO Code / Chapter 510 / Section 510.090
510.090 Application for continuance, how made.
Status: in_force

510.090. Application for continuance, how made. — Every application for a continuance shall, unless the adverse party consent that it be made orally in open court, be made by motion in writing, accompanied by the affidavit of the applicant, or of some other credible person, setting forth the facts on which the application is founded.

(RSMo 1939 § 1087, A.L. 1943 p. 353 § 93) Prior revisions: 1929 § 936; 1919 § 1386; 1909 § 1956
Mo. Rev. Stat. § 249.630 — MO Code / Chapter 249 / Section 249.630
249.630 Procedure of recording payments.
Status: in_force

249.630. Procedure of recording payments. — When any special tax bill has been paid to the owner or holder thereof, and marked paid upon presentation of such bill to the county clerk he shall cancel and mark paid the amount of such tax bill on the record thereof, and such entry shall be evidence of the payment of the tax bill as therein stated. When the tax bills are issued payable in installments as provided in section 249.530 , upon presentation of any such tax bill showing by endorsement the payment of any of the said installments the county collector shall note the payment of such installments upon his record of said tax bill and such entry shall be evidence of payment of such installment.

(L. 1941 p. 557 § 16)
Mo. Rev. Stat. § 196.695 — MO Code / Chapter 196 / Section 196.695
196.695 Filled milk defined.
Status: in_force

196.695. Filled milk defined. — The term "filled milk" means any milk, cream or skim milk, whether or not condensed, evaporated, concentrated, powdered, dried or desiccated, to which has been added, or which has been blended or compounded with, any fat or oil other than milk fat, so that the resulting product is in imitation or semblance of milk, cream or skim milk, whether or not condensed, evaporated, concentrated, powdered, dried or desiccated, which has been melted or refined by heating, boiling or mixing; provided, that the above definition shall not include any distinctive proprietary food compound, not readily mistaken in tests for milk or cream, or for evaporated, condensed or powdered milk or cream; provided, however, that such compound is prepared and designed for feeding infants and young children and customarily used on the order of a physician; is packed in individual cans containing not more than sixteen and one-half ounces and bearing the label in bold type, that the contents are to be used only for said purposes; is shipped in interstate or foreign commerce exclusively to physicians, wholesale or retail druggists, orphan asylums, child welfare associations, hospitals and similar institutions and generally distributed by them.

(RSMo 1939 § 14062) Prior revision: 1929 § 12409
Mo. Rev. Stat. § 92.077 — MO Code / Chapter 92 / Section 92.077
92.077 Definitions.
Status: in_force

92.077. Definitions. — As used in sections 92.074 to 92.095 , unless the context clearly requires otherwise, the following terms mean:

(1) "Business license tax" , any tax, including any fee, charge, or assessment in the nature of a tax, assessed by a municipality on a telecommunications company for the privilege of doing business within the borders of such municipality, and specifically includes any tax assessed on a telecommunications company by a municipality under section 66.300 and section 80.090 , section 92.073 , section 94.110 , 94.270 , or 94.360 , or under authority granted in its charter, as well as an occupation license tax, gross receipts tax, franchise tax, or similar tax, but shall not include:

(a) Any state or municipal sales tax imposed under sections 144.010 to 144.525 ; or

(b) Any municipal right-of-way usage fee imposed under the authority of a municipality's police powers under Section 253(c) of the Federal Telecommunications Act of 1996, or under sections 67.1830 to 67.1846 ; or

(c) Any tax or fee levied for emergency services under section 190.292 , 190.305 , 190.325 , 190.335 , or 190.430 * , or any tax authorized by the general assembly after August 28, 2005, for emergency services;

(d) Any flat tax duly imposed on or before August 28, 2005;

(2) "Director" , the director of the department of revenue;

(3) "Municipal" , of or relating to a municipality;

(4) "Municipality" , any city, county, town, or village in Missouri entitled by authority of section 66.300 , section 80.090 , section 92.073 , section 94.110 , 94.270 , or 94.360 , or under authority granted in its charter to assess a business license tax on telecommunications companies;

(5) "Telecommunications company" , any company doing business in this state that provides telecommunications service;

(6) "Telecommunications service" , the same meaning as such term is defined in section 144.010 . The term "telephone company", as used in sections 94.110 , 94.270 , and 94.360 , shall have the same meaning as telecommunications company as defined in this section.

(L. 2005 H.B. 209) *Section 190.430 was repealed by H.B. 1456, 2018. (2006) Subsection 10 of section 92.086 is a special law prohibited under subdivision (30), Section 40, Article III, Constitution of Missouri. Under the nonseverability clause in section 92.092, sections 92.074, 92.077, 92.080, 92.083, 92.086, and 92.089 are invalid in their entirety. City of Springfield v. Sprint Spectrum, L.P., 203 S.W.3d 177 (Mo.). (2019) A statute is not a local or special law under Article III, Section 40 of the Missouri Constitution if the criteria for a class is supported by a rational or reasonable basis. Prior court analysis, which shifted the burden of proof to the party defending a statute’s constitutionality and required the showing of substantial justification for that statute, has no basis in Article III, Sections 40 through 42, and should no longer be followed. City of Aurora v. Spectra Communications Group, LLC, 592 S.W.3d 764 (Mo.banc).
Mo. Rev. Stat. § 374.100 — MO Code / Chapter 374 / Section 374.100
374.100 Actuary — duties — fees.
Status: in_force

374.100. Actuary — duties — fees. — 1. The actuary shall perform those duties usually performed by actuaries and such other duties in connection with the department as the director may direct.

2. All fees allowed or paid to the actuary as provided by law shall be paid to the director of revenue and shall be deposited to the credit of the department of commerce and insurance fund.

(RSMo 1939 §§ 5784, 5786, A. 1949 H.B. 2115) Prior revisions: 1929 §§ 5674, 5676; 1919 § 6087; 1909 § 6881
Mo. Rev. Stat. § 198.158 — MO Code / Chapter 198 / Section 198.158
198.158 Penalties for violation of sections 198.139 to 198.155.
Status: in_force

198.158. Penalties for violation of sections 198.139 to 198.155. — 1. A person committing any act in violation of any provision of sections 198.139 to 198.155 is guilty of a class E felony.

2. A vendor or health care provider convicted of a criminal violation of sections 198.139 to 198.155 shall be prohibited from receiving future moneys under Medicaid or from providing services under Medicaid for or on behalf of any other health care provider. However, the director of the department or his or her designee shall review this prohibition upon the petition of a vendor or health care provider so convicted and, for good cause shown, may reinstate the vendor or health care provider as being eligible to receive funds under Medicaid. The decision of the director or his or her designee shall be made in writing after the director of the fraud investigation division is allowed the opportunity to state his or her position concerning such petition.

3. A vendor or health care provider committing any act or omission in violation of sections 198.139 to 198.155 shall be civilly liable to the state for any moneys obtained under Medicaid as a result of such act or omission.

(L. 1979 S.B. 328, et al. § 51, A.L. 2014 S.B. 491) Effective 1-01-17
Mo. Rev. Stat. § 376.590 — MO Code / Chapter 376 / Section 376.590
376.590 Misrepresentations, false estimates and circulars prohibited — agents — ...
Status: in_force

376.590. Misrepresentations, false estimates and circulars prohibited — agents — notes to be held until policy delivered. — 1. No life insurance company doing business in this state, and no officer, director, or agent thereof, shall issue or circulate, or cause or permit to be issued or circulated, any estimate, illustration, circular or statement of any sort misrepresenting the terms of any policy issued by it or the benefits or advantages promised thereby, or the dividends or shares of surplus to be received thereon, or shall use any name or title of any policy or class of policies misrepresenting the true nature thereof.

2. Any person who shall solicit an application for insurance upon the life of another shall, in any controversy between the assured or his beneficiary and the company issuing any policy upon such application, be regarded as the agent of the company and not the agent of the assured, nor shall any life insurance company or agent sell, discount or otherwise dispose of any note or notes taken for payment of life insurance premium or premiums, before delivering to the applicant, in person, the policy for which said note or notes shall have been given.

(RSMo 1939 § 5844) Prior revisions: 1929 § 5733; 1919 § 6143; 1909 § 6938
Mo. Rev. Stat. § 455.065 — MO Code / Chapter 455 / Section 455.065
455.065 Subsequent modification of orders.
Status: in_force

455.065. Subsequent modification of orders. — 1. Provisions of any order respecting maintenance or support may be modified only as to installments occurring subsequent to the motion for modification and only upon a showing of changed circumstances so substantial and continuing as to make the terms unreasonable.

2. Provisions of any order respecting custody may be modified only if the court finds, upon the basis of facts that have arisen since the prior order or that were unknown to the court at the time of the prior order, that a change has occurred in the circumstances of the child or his custodian and that the modification is necessary to serve the best interests of the child.

3. Provisions of any order respecting visitation may be modified when the modification would serve the best interests of the child.

(L. 1980 S.B. 524 § 12)
Mo. Rev. Stat. § 521.570 — MO Code / Chapter 521 / Section 521.570
521.570 When execution returned unsatisfied, bonds to be assigned — judgment ...
Status: in_force

521.570. When execution returned unsatisfied, bonds to be assigned — judgment rendered on motion — damages. — Whenever it shall appear from the return of the officer upon an execution issued in an attachment suit, that none of the property attached has been found, or only a part thereof, and that said execution is not fully satisfied, the court shall direct the officer to assign to the plaintiff, his executor or administrator the bonds taken by him for the forthcoming of the property attached; and such court may, upon motion, render judgment in favor of the plaintiff, his executor or administrator, against the obligors in the bond, for the value of such property, or if the value of such property should be greater than the amount due upon execution, then for the amount due, together with twenty percent damages upon such value or amount.

(RSMo 1939 § 1491, A.L. 1978 H.B. 1634) Prior revisions: 1929 § 1327; 1919 § 1778; 1909 § 2347 Effective 1-02-79
Mo. Rev. Stat. § 426.190 — MO Code / Chapter 426 / Section 426.190
426.190 Assignee may administer oaths and examine witnesses.
Status: in_force

426.190. Assignee may administer oaths and examine witnesses. — The assignee shall have power to administer all necessary oaths to debtors, creditors and witnesses; and may examine them on oath, touching any claim exhibited to him for allowance.

(RSMo 1939 § 5757) Prior revisions: 1929 § 5647; 1919 § 643; 1909 § 916
Mo. Rev. Stat. § 257.250 — MO Code / Chapter 257 / Section 257.250
257.250 Contracts, procedure for letting — concessions, how granted.
Status: in_force

257.250. Contracts, procedure for letting — concessions, how granted. — Whenever the board of trustees lets contracts for necessary works or concessions, it shall be governed as follows:

(1) Contracts let for necessary works may be either as a whole or in parts, except that for works costing over five thousand dollars the board shall advertise and award same by open competitive letting and public contract as hereinafter provided:

(a) Advertisements calling for bids shall be published, once a week for three consecutive weeks, completed on date of last publication, in at least one newspaper of general circulation within the district.

(b) The board may let the contract to the lowest or best bidder having adequate experience, skill, plant equipment and responsibility and who shall give a good bond and sufficient bond, with a reputable surety company as security conditioned on the carrying out of the contract.

(c) Contracts shall be in writing and shall be accompanied by or shall refer to plans or specifications for the work to be done, or materials, services or equipment to be furnished. All contracts shall be approved by the board of trustees and signed by a designated officer-trustee of the board and by the contractor, and shall be executed in duplicate.

(d) In case of a sudden emergency when it is necessary in the opinion of the board, in order to protect life or property within the district, the advertising of the contracts may be waived upon the consent of a majority of the board of trustees.

(2) Concessions may be granted or leased on, along, or between properties of the district for businesses serving people using the resources or facilities of the district, for definite periods, whenever the board deems it for the best interest and general welfare of the district. All sums so collected shall be placed in the general fund. No concession or privilege shall be granted or leased without public notice and competitive bidding therefor submitted in writing and accepted by the board of trustees, all in the same manner as provided in this section for contracts for necessary works.

(L. 1959 S.B. 199 § 25)
Mo. Rev. Stat. § 70.227 — MO Code / Chapter 70 / Section 70.227
70.227 Metropolitan planning organization considered a political subdivision for ...
Status: in_force

70.227. Metropolitan planning organization considered a political subdivision for purposes of local government employees' retirement system. — 1. For purposes of this section, the following terms mean:

(1) "Local units" , the same meaning given to the term under section 251.160 ;

(2) "Transportation planning boundary" , the same meaning given to the term under section 251.160 .

2. Notwithstanding the provisions of sections 70.600 to 70.755 to the contrary, a metropolitan planning organization organized under 23 U.S.C. Section 134 and designated by the governor shall be considered a political subdivision for the purposes of sections 70.600 to 70.755 , and employees of such metropolitan planning organization shall be eligible for membership in the Missouri local government employees' retirement system upon the metropolitan planning organization becoming an employer, as defined in subdivision (11) of section 70.600 .

3. Upon receipt of certified copies of resolutions recommending the dissolution of a metropolitan planning organization adopted by the governing bodies of a majority of the local units within the transportation planning boundary served by the metropolitan planning organization, and upon a finding that all outstanding indebtedness of the metropolitan planning organization has been paid, including moneys owed to any retirement plan or system in which the organization participates and has pledged to pay for the unfunded accrued liability of its past and current employees, and all unexpended funds returned to the local units that supplied them or adequate provision made for the funds, the governor shall issue a certificate of dissolution of the organization, which shall thereupon cease to exist. If such organization was formally incorporated as a Missouri nonprofit corporation, the secretary of state shall issue such certificate of dissolution.

(L. 2018 S.B. 892)