FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 245.220 — MO Code / Chapter 245 / Section 245.220
245.220 Tax book to be prima facie evidence — suits for taxes brought in circuit court.
Status: in_force

245.220. Tax book to be prima facie evidence — suits for taxes brought in circuit court. — The levee tax book of the district, as returned by the collector of the revenue to the secretary of the board of supervisors of the levee district shall be prima facie evidence in all courts of all matters therein contained. The liens established and declared in section 245.215 may and shall be enforced by an action on delinquent tax bills, made and certified by the county collector, which action shall be instituted in the circuit court without regard to the amount of the claim within six months after December thirty-first of the year for which said taxes were levied. The suits shall be brought in the corporate name of the district by its attorney against the land or lands, property or properties, on which such levee tax has not been paid. The suit shall be brought in the county in which the property is situate, except when the tract or property sued upon be in more than one county, in which event the suit may be brought on the whole tract, parcel or property in any county in which any portion thereof may be situate. The pleadings, process, proceedings, practice and sales, in cases arising under sections 245.010 to 245.280 shall, except as herein provided, be the same and have the same effect as in an action for the enforcement of the state's lien for the delinquent general taxes upon real estate, and the aforesaid levee tax book shall have the same probative effect as the back tax bill has in actions for the enforcement of the state's lien for general taxes upon real estate. The title acquired through any sale of lands or other property under the aforesaid proceedings shall be subject to the lien of all subsequent annual installments of levee tax. In all suits for the collection of delinquent taxes, the judgment for said delinquent taxes and penalty shall also include all costs of suit and a reasonable attorney's fee to be fixed by the court, recoverable the same as the delinquent tax and in the same suit. The proceeds of sales made under and by virtue of sections 245.010 to 245.280 shall be paid at once to the aforesaid treasurer and shall be accounted for by him the same as the levee taxes.

(RSMo 1939 § 12517) Prior revisions: 1929 § 10927; 1919 § 4621
Mo. Rev. Stat. § 355.356 — MO Code / Chapter 355 / Section 355.356
355.356 Removal of director by court.
Status: in_force

355.356. Removal of director by court. — 1. The circuit court of the county where a corporation's principal office is located may remove any director of the corporation from office in a proceeding commenced either by the corporation, its members holding at least ten percent of the voting power of any class, or the attorney general in the case of a public benefit corporation if the court finds that:

(1) The director engaged in fraudulent or dishonest conduct, or gross abuse of authority or discretion, with respect to the corporation, or a final judgment has been entered finding that the director has violated a duty set forth in sections 355.416 to 355.426 ; and

(2) Removal is in the best interest of the corporation.

2. The court that removes a director may bar the director from serving on the board for a period prescribed by the court.

3. If members or the attorney general commence a proceeding under subsection 1 of this section, the corporation shall be made a party defendant.

4. If a public benefit corporation or its members commence a proceeding under subsection 1 of this section, they shall give the attorney general written notice of the proceeding.

(L. 1994 H.B. 1095) Effective 7-01-95
Mo. Rev. Stat. § 167.227 — MO Code / Chapter 167 / Section 167.227
167.227 Summer school programs — attendance outside of district — funding, ...
Status: in_force

167.227. Summer school programs — attendance outside of district — funding, cooperation among districts. — 1. A pupil may attend a summer school program in a public school district other than his district of residence if accepted by the district offering the program. Such summer programs may be advanced, academic or remedial programs but shall not include those programs funded wholly by federal moneys. No pupil shall attend summer school classes in more than one district during any one summer.

2. For purposes of funding summer school programs, each district shall either consider all nonresident students residents for purposes of receiving state aid or consider all nonresident students nonresidents for purposes of collecting tuition. Any pupil attending a summer school program in a public school district other than his district of residence shall for purposes of state aid for the summer term be considered a resident of the district in which he is attending.

3. Any public school district may cooperate with other public school districts to make optimum use of faculty and resources in providing summer school options for pupils in all districts. Nothing in this section shall prohibit schools from establishing contractual services for certain summer school students.

(L. 1990 S.B. 740 § 38) Effective 7-10-90
Mo. Rev. Stat. § 473.587 — MO Code / Chapter 473 / Section 473.587
473.587 Notice of final settlement.
Status: in_force

473.587. Notice of final settlement. — When an estate is in a condition to be closed before filing his final settlement and petition for distribution, the personal representative shall give, or cause to be given, at least twenty-nine days' notice by publication in the manner provided by section 472.100 stating (1) that he will file final settlement and petition for distribution on a date certain or as continued by the court, and (2) that objections to the final settlement or petition for distribution shall be in writing and filed within twenty days from the date the final settlement is filed. The notice shall be published once a week for four consecutive weeks, the last publication to be at least seven days prior to the date specified therein for filing of the settlement. At least fifteen days before the date specified in the published notice the personal representative shall give, or cause to be given, the same notice by ordinary mail to each heir and devisee then interested in the estate whose name and address is disclosed by the court records, and who has not, in writing, waived such notice. Prior to the approval of the final settlement, proof of service as provided in section 472.110 and any written waivers shall be filed.

(L. 1955 p. 385 § 207, A.L. 1957 p. 829, A.L. 1980 S.B. 637, A.L. 1981 S.B. 117) Effective 6-10-81 (1962) Administrator was guilty of breach of trust and properly removed where estate was grossly mismanaged and could have been settled in 2 years but was delayed for 7 years, during which time only 3 settlements were filed though no extension of time was obtained. Credits were properly disallowed for expenses caused by administrator's mismanagement and delay. In re Alexander's Estate (Mo.), 360 S.W.2d 92.
Mo. Rev. Stat. § 356.233 — MO Code / Chapter 356 / Section 356.233
356.233 Additional fee — expiration date.
Status: in_force

356.233. Additional fee — expiration date. — The secretary of state may collect an additional fee of five dollars on each and every fee required in this chapter. All fees collected as provided in this section shall be deposited in the state treasury and credited to the secretary of state's technology trust fund account. The provisions of this section shall expire on December 31, 2026.

(L. 1994 S.B. 635, A.L. 2001 H.B. 453 merged with S.B. 288, A.L. 2008 S.B. 1150, A.L. 2017 S.B. 95, A.L. 2020 S.B. 631) Expires 12-31-26
Mo. Rev. Stat. § 245.198 — MO Code / Chapter 245 / Section 245.198
245.198 Tax levy, when — emergency levy of ten percent.
Status: in_force

245.198. Tax levy, when — emergency levy of ten percent. — 1. If the board of supervisors deem it necessary, the board shall without unnecessary delay, levy a tax of such portion of said readjusted assessed benefits on all lands, railroad and other property in the district to which benefits have been assessed, as may be found necessary by the board of supervisors to pay the costs of the completion of the proposed works and improvements as shown in the supplemental plan for reclamation adopted by the board of supervisors pursuant to section 245.105 and in carrying out the objects of said district, and plus ten percent of said total amount for emergencies. The tax levied pursuant to this section shall be apportioned to and be levied on each tract of land or property in said district in proportion to the readjusted assessed benefits, provided that the amount of such tax levied pursuant to this section, when added to any taxes previously levied and remaining unpaid at the time of the levy provided for in this section, shall not exceed the total amount of the readjusted assessed benefits.

2. The tax shall be levied in the manner provided in sections 245.180 and 245.185 .

(L. 1977 S.B. 3)
Mo. Rev. Stat. § 172.875 — MO Code / Chapter 172 / Section 172.875
172.875 Organ transplant program, University of Missouri — Missouri kidney program ...
Status: in_force

172.875. Organ transplant program, University of Missouri — Missouri kidney program to establish guidelines — administrative costs. — 1. The Missouri kidney program in the University of Missouri, a statewide program that provides treatment for renal disease, shall administer a separate program to provide assistance for immunosuppressive pharmaceuticals and other services for other organ transplant patients. The Missouri kidney program shall establish guidelines and eligibility requirements and procedures, similar to those established to serve eligible end-stage renal disease patients, for other organ transplant patients to receive assistance pursuant to this section.

2. Every person who receives assistance as a new participant in the Missouri kidney program pursuant to this section shall pay the administrative costs associated with such person's participation in the program.

3. The Missouri kidney program shall coordinate efforts with the divisions of family support and MO HealthNet in the department of social services to provide the most efficient and cost-effective assistance to organ transplant patients.

4. From funds appropriated to provide assistance pursuant to this section, the priority shall be to provide pharmaceutical services. If other funds are available through the transplant program, other services for the treatment of organ transplant patients may be provided.

(L. 2001 H.B. 821, A.L. 2014 H.B. 1299 Revision)
Mo. Rev. Stat. § 374.191 — MO Code / Chapter 374 / Section 374.191
374.191 Interest rate on certain claims, refunds, penalties, or payments under ...
Status: in_force

374.191. Interest rate on certain claims, refunds, penalties, or payments under legal or remedial actions — inapplicable, when. — 1. If an insurance company is required to pay interest on any claims, refunds, penalties, or payments under a market conduct examination, investigation, stipulation of settlement agreement, voluntary forfeiture agreement, or any other legal or remedial action ordered by the department under any law of this state in which the interest rate is not provided for by law, or voluntarily pays interest on any claims, refunds, penalties, or payments in which the interest rate is not provided for by law, such claims, refunds, penalties, or payments shall bear interest at the annual adjusted prime rate of interest as determined by section 32.065 , but under no circumstance shall such interest rate exceed nine percent per annum.

2. The provisions of this section shall not apply to payments subject to the provisions of section 376.383 nor any other statute in which the interest rate is specified.

(L. 2017 H.B. 292, A.L. 2019 H.B. 182 merged with S.B. 54)
Mo. Rev. Stat. § 144.638 — MO Code / Chapter 144 / Section 144.638
144.638 Taxability matrix, products and services — purchaser not subject to penalty ...
Status: in_force

144.638. Taxability matrix, products and services — purchaser not subject to penalty for failure to remit proper amount of tax, when. — 1. (1) The director shall provide and maintain a taxability matrix. The state's entries in the matrix shall be provided and maintained by the director in a database that is in a downloadable format.

(2) The director shall provide reasonable notice of changes in the taxability of the products or services listed in the taxability matrix.

(3) A seller or CSP shall be relieved from liability to this state or any local taxing jurisdiction for having charged and collected the incorrect amount of state or local sales or use tax resulting from such seller's or CSP's reliance upon erroneous data provided or approved by the director in the taxability matrix, and a seller shall be relieved from liability for erroneous returns made by a CSP on behalf of the seller.

2. A purchaser shall be relieved from any additional tax, interest, additions, or penalties for failure to collect and remit the proper amount of tax owed on a purchase subject to sales tax under this chapter if:

(1) The purchaser's seller or a certified service provider relied on erroneous data provided by the director on tax rates, boundaries, taxing jurisdiction assignments, or in the taxability matrix created under subsection 1 of this section;

(2) A purchaser using a database created under subsection 1 of this section received erroneous data provided by the director on tax rates, boundaries, or taxing jurisdiction assignments; or

(3) A purchaser relied on erroneous data provided by the director in the taxability matrix created under subsection 1 of this section.

(L. 2021 S.B. 153 & 97) Effective 1-01-23, see § 144.1021
Mo. Rev. Stat. § 143.621 — MO Code / Chapter 143 / Section 143.621
143.621 Assessment final if no protest.
Status: in_force

143.621. Assessment final if no protest. — Sixty days after the date on which it was mailed (one hundred fifty days if the taxpayer is outside the United States), a notice of deficiency shall constitute a final assessment of the amount of tax specified together with interest, additions to tax, and penalties except only for such amounts as to which the taxpayer has filed a protest with the director of revenue.

(L. 1972 S.B. 549, A.L. 1983 1st Ex. Sess. H.B. 10) Effective 1-1-84
Mo. Rev. Stat. § 442.558 — MO Code / Chapter 442 / Section 442.558
442.558 Transfer fee covenants not to run with title to real property — lien void, when.
Status: in_force

442.558. Transfer fee covenants not to run with title to real property — lien void, when. — 1. As used in this section, the following terms shall mean:

(1) "Transfer" , the sale, gift, conveyance, assignment, inheritance, or other transfer of ownership interest in real property located in this state;

(2) "Transfer fee" , a fee or charge payable upon the transfer of an interest in real property, or payable for the right to make or accept such transfer, regardless of whether the fee or charge is a fixed amount or is determined as a percentage of the value of the property, the purchase price, or other consideration given for the transfer. "Transfer fee" shall not include the following:

(a) Any consideration payable by the grantee to the grantor for the interest in real property being transferred;

(b) Any commission payable to a licensed real estate broker for the transfer of real property under an agreement between the broker and the grantor or the grantee;

(c) Any interest, charges, fees, or other amounts payable by a borrower to a lender under a loan secured by a mortgage against real property, including but not limited to any fee payable to the lender for consenting to an assumption of the loan or a transfer of the real property subject to the mortgage, any fees or charges payable to the lender for estoppel letters or certificates, and any other consideration allowed by law and payable to the lender in connection with the loan;

(d) Any rent, reimbursement, charge, fee, or other amount payable by a lessee to a lessor under a lease, including but not limited to any fee payable to the lessor for consenting to an assignment, subletting, encumbrance, or transfer of the lease;

(e) Any consideration payable to the holder of an option to purchase an interest in real property or the holder of a right of first refusal or first offer to purchase an interest in real property for waiving, releasing, or not exercising the option or right upon the transfer of the property to another person;

(f) Any tax, fee, charge, assessment, fine, or other amount payable to or imposed by a governmental authority;

(3) "Transfer fee covenant" , a declaration or covenant purporting to affect real property which requires or purports to require the payment of a transfer fee to the declarant or other person specified in the declaration or covenant or to their successors or assigns upon a subsequent transfer of an interest in the real property.

2. A transfer fee covenant recorded in this state on or after September 1, 2008, shall not run with the title to real property and is not binding on or enforceable at law or in equity against any subsequent owner, purchaser, or mortgagee of any interest in real property as an equitable servitude or otherwise. Any lien purporting to secure the payment of a transfer fee under a transfer fee covenant recorded in this state on or after September 1, 2008, is void and unenforceable.

(L. 2008 S.B. 907)
Mo. Rev. Stat. § 329.123 — MO Code / Chapter 329 / Section 329.123
329.123 Duplicate license issued, when.
Status: in_force

329.123. Duplicate license issued, when. — A duplicate license shall be issued without the payment of a duplicate license fee if an affidavit is presented showing that the license has been destroyed, lost, mutilated beyond practical usage, or was never received.

(L. 1959 S.B. 283 § 329.131, A.L. 1979 H.B. 960, A.L. 1981 S.B. 16, A.L. 1989 H.B. 738 & 720)
Mo. Rev. Stat. § 389.614 — MO Code / Chapter 389 / Section 389.614
389.614 Warning signals for crossings presumed adequate — duty of reasonable care ...
Status: in_force

389.614. Warning signals for crossings presumed adequate — duty of reasonable care required of railroads. — Railroad warning devices which are installed or maintained by order or by rule of the division of motor carrier and railroad safety are presumed to be adequate and appropriate warning devices for the crossing. All railroads shall continue to exercise reasonable care at railroad crossings for the safety of the members of the public using the crossing.

(L. 1992 S.B. 765 § 2) CROSS REFERENCE: Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, 226.008
Mo. Rev. Stat. § 474.430 — MO Code / Chapter 474 / Section 474.430
474.430 Court to conform to directions of will.
Status: in_force

474.430. Court to conform to directions of will. — All courts and others concerned in the execution of last wills shall have due regard to the directions of the will, and the true intent and meaning of the testator, in all matters brought before them.

(RSMo 1939 § 568, A.L. 1955 p. 385 § 272) Prior revisions: 1929 § 567; 1919 § 555; 1909 § 583 (1958) Devise of undivided one-half interest in realty to testator's son for life and at his death to his children absolutely but if he should die without issue living then to other son for life and at his death to other son's "heirs at law" was construed according to statute of descent and distribution in effect when second life tenant died rather than statute in effect at execution of will and testator's death and thus widow of second life tenant took one-half of the undivided one-half interest against contention that testator indicated intent that land go to his descendants. Thomas v. Higginbotham (Mo.), 318 S.W.2d 234. (1960) There is a strong presumption against partial intestacy but where the language used by the testator is plain and unequivocal, the court cannot give it a different meaning. In re Fowler's Estate (Mo.), 338 S.W.2d 44. (1963) Where testator devised all the remainder of his property, after debts were paid, to his wife "she to have complete control and free will in the management and disposal of same so long as she may live", the widow received fee simple title to the realty. Shaw v. Wertz (Mo.), 369 S.W.2d 215. 1963) Where testator devised one-sixth of his property to his wife for life with remainder to testator's "children and heirs" the words "children" and "heirs" were treated as synonymous so that the children received a vested remainder in the one-sixth interest. Walters v. Sisler (Mo.), 371 S.W.2d 187. (1964) Where wife bequeathed one-half of her estate to her husband and failed to specify whether the half was to be determined on the basis of the gross estate or on the basis of the net or distributable estate, court held that she intended that charges and expenses be paid from gross estate and that the bequests be determined as a percentage of the net of distributable estate remaining. St. Louis Union Trust Co. v. Kruger (Mo.), 377 S.W.2d 303. (1967) This section requires that, in determining the true intent and meaning of testators, courts must first look to the will, but if the language of the will is determined to be ambiguous they may look to surrounding facts and circumstances. Seltzer v. Schroeder (A.), 409 S.W.2d 777.
Mo. Rev. Stat. § 340.236 — MO Code / Chapter 340 / Section 340.236
340.236 Failure to qualify for examination, notice, contents, appeal.
Status: in_force

340.236. Failure to qualify for examination, notice, contents, appeal. — 1. If the board determines that an applicant is not qualified to sit for the examination or for licensure under section 340.238 , the executive director shall notify the applicant in writing. The notification shall include specific findings of the board as to the applicant's failure to qualify, inform the applicant that he or she may request a hearing before the board on the question of the applicant's qualifications, and inform the applicant of his or her right, pursuant to section 621.120 , to file a complaint with the administrative hearing commission.

2. No person shall be refused a license to practice veterinary medicine in the state of Missouri because of race, creed, sex, color or national origin.

(L. 1992 H.B. 878 § 19, A.L. 1999 S.B. 424)