FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 362.250 — MO Code / Chapter 362 / Section 362.250
362.250 Oath of directors to be subscribed and certified — retained by board — penalty.
Status: in_force

362.250. Oath of directors to be subscribed and certified — retained by board — penalty. — 1. Every person elected director of a bank or trust company shall, within thirty days after election, qualify himself or herself as director by filing with the officers of the bank or trust company an oath that he or she will, so far as the duty devolves on him or her, diligently and honestly administer the affairs of the bank or trust company, and will not knowingly violate, or willingly permit to be violated, any of the provisions of law applicable to the bank or trust company.

2. The oath shall be subscribed by the director making it, and certified by an officer authorized by law to administer oaths, and the fact of the oath having been made and filed with the officers of the bank or trust company shall be noted on the records of the acts of the directors.

3. The oath, subscribed by the director making it and certified by the officer before whom it is taken, shall be retained with the official records of the board of directors.

4. Failure to comply with this provision within the time specified shall work a forfeiture of the position; provided, however, that the director of finance may, for cause deemed sufficient by him or her, extend the time; and when any vacancy occurs by this failure the board of directors shall, at the next regular meeting thereafter, enter the fact of the vacancy upon their records and promptly proceed to elect some competent person to fill the vacancy for the unexpired term.

(RSMo 1939 § 7959, A.L. 1967 p. 445, A.L. 1977 S.B. 420, A.L. 1989 H.B. 346, A.L. 1998 S.B. 852 & 913, A.L. 2021 S.B. 106) Prior revisions: 1929 § 5364; 1919 § 11747
Mo. Rev. Stat. § 393.1150 — MO Code / Chapter 393 / Section 393.1150
393.1150 Suit or claim brought, measure of damages.
Status: in_force

393.1150. Suit or claim brought, measure of damages. — For any electric plant unlawfully constructed after August 28, 2008, in any suit or claim brought by any landowner or other legal entity for monetary damages allegedly caused by the operation or existence of such electric plant, the measure of damages shall be treble the actual damages to the plaintiff's real estate proved as determined by a judge or jury, plus court costs and reasonable attorney fees.

(L. 2008 S.B. 720)
Mo. Rev. Stat. § 169.476 — MO Code / Chapter 169 / Section 169.476
169.476 Insurance for retired members may be provided — rules and regulations.
Status: in_force

169.476. Insurance for retired members may be provided — rules and regulations. — The retirement system may contribute toward an insurance plan for the benefit of retired members which may provide dental, hospital, surgical, medical, life, accident, and similar insurance benefits as approved by the board of trustees. Such contributions shall be a part of the administrative costs of the retirement system. The board of trustees shall make such rules and regulations as it deems appropriate in connection with such plan.

(L. 1981 H.B. 33, et al., A.L. 2001 H.B. 660)
Mo. Rev. Stat. § 416.410 — MO Code / Chapter 416 / Section 416.410
416.410 Definitions.
Status: in_force

416.410. Definitions. — As used in sections 416.410 to 416.560 the following terms are construed to have the following meanings, except in those instances where the context clearly indicates otherwise:

(1) "Bulk milk" , milk in bulk form, in cans, tank cars or tank trucks that is furnished to a processor for the purpose of processing and manufacture into milk products;

(2) "Bulk milk handler" , any person engaged in the business of transferring title to bulk milk to a processor, except a cooperative association organized under the laws of this state;

(3) "Cost to the bulk milk handler" , the price paid dairy farmers for the milk, plus receiving plant charge or a reasonable charge to cover all costs of operating his own receiving plant, plus transportation cost to the point of delivery to the purchaser;

(4) "Cost to the processor or distributor" , the price paid for raw materials, plus the cost of doing business, which shall include labor, salaries paid executives and officers, rent, interest, depreciation, power, supplies, maintenance of equipment, selling costs, advertising, transportation and delivery costs, credit losses, all types of permits and license fees, all taxes, insurance, and all overhead expenses of the processor or distributor;

(5) "Cost to the retailer" , the invoice price paid by the retailer plus the retailer's cost of doing business. In the absence of specific evidence the cost of doing business shall be presumed to be eight percent of the invoice price, and this cost shall be calculated to the nearest half cent per sales unit;

(6) "Director" , the director of the department of agriculture;

(7) "Distributor" , any person, other than a bulk milk handler, engaged in the business of transferring title within the state to milk products for a consideration, where the product is to be sold for resale or further processing;

(8) "Market milk" , milk disposed of in fluid form and which is approved by an appropriate city, county or state health authority for distribution and sale in fluid form in any part of the state of Missouri;

(9) "Milk products" , market milk, pasteurized milk, vitamin D milk, homogenized milk, flavored milk or flavored milk drinks, sweet cream, whipping cream, homogenized cream, skim milk, buttermilk, and cultured buttermilk;

(10) "Nonprocessing retailer" , any person, not a processor, engaged in the business of transferring title within the state to milk products for a consideration where such product is to be used or consumed by the purchaser and is not to be resold or used for the purpose of manufacture or further processing;

(11) "Processor" , any person engaged in the business of processing or packaging bulk milk or other materials into milk products.

(L. 1959 H.B. 255 § 1, A.L. 1963 p. 643, A.L. 1982 H.B. 1100)
Mo. Rev. Stat. § 72.140 — MO Code / Chapter 72 / Section 72.140
72.140 Reorganization to take effect, when — officers hold, how long.
Status: in_force

72.140. Reorganization to take effect, when — officers hold, how long. — Any city which may organize under this chapter shall continue as before in every respect with all former rights and obligations until the time fixed for such reorganization to take effect; and all its officers and employees shall continue to discharge the duties of their respective offices and shall hold their offices until their successors are elected or appointed and qualified, except as herein otherwise provided.

(RSMo 1939 § 6227) Prior revisions: 1929 § 6105; 1919 § 7625; 1909 § 8539
Mo. Rev. Stat. § 27.020 — MO Code / Chapter 27 / Section 27.020
27.020 Assistants and other personnel — qualifications — compensation.
Status: in_force

27.020. Assistants and other personnel — qualifications — compensation. — 1. The attorney general is hereby authorized to appoint such assistant attorneys general as may be necessary to properly perform the duties of his office and shall fix the compensation of such assistants within the limits of the amount appropriated by the general assembly. Said assistant attorneys general shall hold their office at the pleasure of the attorney general, shall possess the same qualifications as the attorney general, and before entering upon the discharge of their duties shall each take and subscribe to an oath to support the Constitution of the United States and of the state of Missouri and to faithfully demean themselves in office. It shall be their duty to assist the attorney general in his official duties with power and authority under his direction to represent him in the discharge of all the duties of his office.

2. The attorney general may, at the request of any officer, department, board, bureau, commission or agency of the state, assign assistant attorneys general to perform the duties prescribed by law before or upon behalf of such officer, department, board, bureau, commission or agency and may, upon request as aforesaid, from time to time reassign such assistants.

3. The attorney general is also authorized to appoint a chief clerk, stenographers, typists, clerks, investigators and such other employees as shall be necessary to properly perform the duties of his office and shall fix the compensation of persons thus employed within the limits of the amount appropriated by the general assembly. Said employees shall serve during the pleasure of the attorney general. The assistant attorneys general and the chief clerk, stenographers, typists, clerks, investigators and other employees shall be paid in the same manner and at the same time as the attorney general. The compensation and expenses of said assistants and employees may be paid out of any state or federal funds appropriated to said department for such purposes.

(RSMo 1939 § 12902, A.L. 1949 p. 227) Prior revisions: 1929 § 11277; 1919 § 697; 1909 § 971 (1988) Attorney general was authorized to terminate an assistant attorney general at any time and was not required to adopt a post-discharge hearing procedure. Where more than one statute deals with the same subject, the statutes should be harmonized when reasonable but to the extent of any discord between them, the definite prevails. (Mo. App. W.D.) Wood v. Webster, 772 S.W.2d 1.
Mo. Rev. Stat. § 211.038 — MO Code / Chapter 211 / Section 211.038
211.038 Children not to be reunited with parents or placed in a home, when — ...
Status: in_force

211.038. Children not to be reunited with parents or placed in a home, when — discretion to return, when. — 1. A child under the jurisdiction of the juvenile court shall not be reunited with a parent or placed in a home in which the parent or any person residing in the home has been found guilty of any of the following offenses when a child was the victim:

(1) A felony violation of section 566.030 , 566.031 , 566.032 , 566.060 , 566.061 , 566.062 , 566.064 , 566.067 , 566.068 , 566.069 , 566.071 , 566.083 , 566.100 , 566.101 , 566.111 , 566.151 , 566.203 , 566.206 , 566.209 , 566.211 , or 566.215 ;

(2) A violation of section 568.020 ;

(3) Abuse of a child under section 568.060 when such abuse is sexual in nature;

(4) A violation of section 568.065 ;

(5) A violation of section 573.200 ;

(6) A violation of section 573.205 ; or

(7) A violation of section 568.175 ;

(8) A violation of section 566.040 , 566.070 , or 566.090 as such sections existed prior to August 28, 2013; or

(9) A violation of section 566.212 , 568.080 , or 568.090 as such sections existed prior to January 1, 2017.

2. For all other violations of offenses in chapters 566 and 568 not specifically listed in subsection 1 of this section or for a violation of an offense committed in another state when a child is the victim that would be a violation of chapter 566 or 568 if committed in Missouri, the juvenile court may exercise its discretion regarding the placement of a child under the jurisdiction of the juvenile court in a home in which a parent or any person residing in the home has been found guilty of, or pled guilty to, any such offense.

3. If the juvenile court determines that a child has abused another child, such abusing child shall be prohibited from returning to or residing in any residence located within one thousand feet of the residence of the abused child, or any child care facility or school that the abused child attends, until the abused child reaches eighteen years of age. The prohibitions of this subsection shall not apply where the alleged abuse occurred between siblings or children living in the same home.

(L. 2004 H.B. 1453, A.L. 2005 H.B. 568 merged with S.B. 155 merged with S.B. 420 & 344, A.L. 2005 1st Ex. Sess. H.B. 2, A.L. 2014 S.B. 491, A.L. 2014 H.B. 1371) Effective 1-01-17
Mo. Rev. Stat. § 393.138 — MO Code / Chapter 393 / Section 393.138
393.138 One-time rate adjustment for electrical corporations, when — procedure.
Status: in_force

393.138. One-time rate adjustment for electrical corporations, when — procedure. — 1. For purposes of this section, the following terms shall mean:

(1) "Commission" , as defined in section 386.020 ;

(2) "Electrical corporation" , as defined in section 393.1400 .

2. If a reduction is made to the federal income tax rates of electrical corporations between January 20, 2025, and December 31, 2029, the commission shall have a one-time authority to adjust each electrical corporation's rates prospectively so that the income tax component of the revenue requirement used to set such electrical corporation's rates is based upon the provisions of the federal act without considering any other factor as otherwise required by section 393.270 . Beginning with the effective date of the federal corporate income tax reduction through the date the electrical corporation's rates are adjusted on a one-time basis, the commission shall require electrical corporations to defer to a regulatory asset the financial impact of such federal act. The amounts deferred under this subsection shall be included in the revenue requirement used to set the electrical corporation's rates in its subsequent general rate proceeding through an amortization over a period determined by the commission.

3. Upon a public interest finding by the commission, the commission may, as an alternative to requiring a one-time rate change and deferral under subsection 2 of this section, allow a deferral, in whole or in part, of such federal act's financial impacts to a regulatory asset starting with the effective date of the federal corporate income tax reduction through the effective date of new rates in such electrical corporation's next general rate proceeding. The deferred amounts shall be included in the revenue requirement used to set the electrical corporation's rates in its subsequent general rate proceeding through an amortization over a period determined by the commission.

(L. 2025 S.B. 4)
Mo. Rev. Stat. § 377.070 — MO Code / Chapter 377 / Section 377.070
377.070 Effect of refusal to pay — duty of director.
Status: in_force

377.070. Effect of refusal to pay — duty of director. — If the corporation refuses or fails to make such payment for thirty days after final judgment against said corporation, the failure to pay the amount of such final judgment within said period of thirty days shall ipso facto constitute a forfeiture of the charter of such corporation, and it shall be the duty of the director of the department of commerce and insurance forthwith to cause proceedings by quo warranto to be instituted against said corporation for the purpose of ousting it of its charter; and upon the dissolution of said corporation, the director of the department of commerce and insurance shall take charge of its assets and affairs, and wind up the same, as now provided by law in the case of life insurance companies.

(RSMo 1939 § 5858) Prior revisions: 1929 § 5747; 1919 § 6157; 1909 § 6952
Mo. Rev. Stat. § 351.325 — MO Code / Chapter 351 / Section 351.325
351.325 Board, quorum.
Status: in_force

351.325. Board, quorum. — A majority of the full board of directors shall constitute a quorum for the transaction of business unless a greater number is required by the articles of incorporation or the bylaws. The act of the majority of the directors present at a meeting at which a quorum is present shall be the act of the board of directors, unless the act of a greater number is required by the articles of incorporation or the bylaws.

(RSMo 1939 § 5033, A.L. 1943 p. 410 § 39, A.L. 1979 S.B. 216) Prior revisions: 1929 § 4558; 1919 § 9752; 1909 § 2992
Mo. Rev. Stat. § 303.160 — MO Code / Chapter 303 / Section 303.160
303.160 Proof of financial responsibility, how given.
Status: in_force

303.160. Proof of financial responsibility, how given. — 1. Proof of financial responsibility when required under this chapter with respect to a motor vehicle or with respect to a person who is not the owner of a motor vehicle may be given by filing:

(1) A certificate of insurance as provided in section 303.170 or section 303.180 ; or

(2) A bond as provided in section 303.230 ; or

(3) A certificate of deposit of money or securities as provided in section 303.240 ; or

(4) A certificate of self-insurance, as provided in section 303.220 , supplemented by an agreement by the self-insurer that, with respect to accidents occurring while the certificate is in force, he will pay the same judgments and in the same amounts that an insurer would have been obligated to pay under an owner's motor vehicle liability policy if it had issued such a policy to said self-insurer.

2. No motor vehicle shall be or continue to be registered in the name of any person required to file proof of financial responsibility unless such proof shall be furnished for such motor vehicle.

(L. 1953 p. 569 § 303.180, A.L. 1961 p. 463) (1974) A certificate of self-insurance is not a policy of insurance so as to make holder liable in the same manner as "other valid and collectible insurance". American Family Ins. Co. v. Missouri Power and Light Co. (Mo.), 517 S.W.2d 110.
Mo. Rev. Stat. § 578.021 — MO Code / Chapter 578 / Section 578.021
578.021 Neglected or abused animal not to be returned to owner or custodian, when.
Status: in_force

578.021. Neglected or abused animal not to be returned to owner or custodian, when. — If a person is found guilty of the offense of animal neglect or animal abuse and the court having jurisdiction is satisfied that an animal owned or controlled by such person would in the future be subject to such neglect or abuse, such animal shall not be returned to or allowed to remain with such person, but its disposition shall be determined by the court.

(L. 1983 S.B. 211 § 8, A.L. 2014 S.B. 491) Effective 1-01-17
Mo. Rev. Stat. § 334.708 — MO Code / Chapter 334 / Section 334.708
334.708 Licensure, examination — reciprocity.
Status: in_force

334.708. Licensure, examination — reciprocity. — 1. Any person seeking licensure pursuant to sections 334.700 to 334.725 after August 28, 2006, shall have passed the Board of Certification, Inc., or its successor agency, examination.

2. The board shall grant, without examination, licensure to any qualified nonresident athletic trainer holding a license or licensure in another state if such other state recognizes licenses or licensure of the state of Missouri in the same manner.

(L. 1983 H.B. 162 & 274 § 6, A.L. 2004 H.B. 1399 merged with S.B. 962, A.L. 2006 H.B. 1759 merged with S.B. 756, A.L. 2020 H.B. 2046)
Mo. Rev. Stat. § 324.071 — MO Code / Chapter 324 / Section 324.071
324.071 Application for a license — certification, when.
Status: in_force

324.071. Application for a license — certification, when. — 1. The applicant applying for a license to practice occupational therapy shall provide evidence of being initially certified by a certifying entity and has completed an application for licensure and all applicable fees have been paid.

2. The certification requirement shall be waived for those persons who hold a current registration by the board as an occupational therapist or occupational therapy assistant on August 28, 1997, provided that this application is made on or before October 31, 1997, and all applicable fees have been paid. All other requirements of sections 324.050 to 324.089 must be satisfied.

3. The person shall have no violations, suspensions, revocation or pending complaints for violation of regulations from a certifying entity or any governmental regulatory agency in the past five years.

(L. 1997 S.B. 141 § 8, A.L. 1999 H.B. 343, A.L. 2009 S.B. 296, A.L. 2018 S.B. 840)
Mo. Rev. Stat. § 334.400 — MO Code / Chapter 334 / Section 334.400
334.400 Definitions.
Status: in_force

334.400. Definitions. — As used in sections 334.400 to 334.430 , the following terms shall mean:

(1) "Anesthesiologist" , a physician who has completed a residency in anesthesiology approved by the American Board of Anesthesiology or the American Osteopathic Board of Anesthesiology;

(2) "Anesthesiologist assistant" , a person who meets each of the following conditions:

(a) Has graduated from an anesthesiologist assistant program accredited by the American Medical Association's Committee on Allied Health Education and Accreditation or by its successor agency;

(b) Has passed the certifying examination administered by the National Commission on Certification of Anesthesiologist Assistants;

(c) Has active certification by the National Commission on Certification of Anesthesiologist Assistants; and

(d) Provides health care services delegated by a licensed anesthesiologist;

(3) "Anesthesiologist assistant supervision agreement" , a written agreement, jointly agreed upon protocols or standing order between a supervising anesthesiologist and an anesthesiologist assistant, which provides for the delegation of health care services from a supervising anesthesiologist to an anesthesiologist assistant and the review of such services;

(4) "Applicant" , any individual who seeks to become licensed as an anesthesiologist assistant;

(5) "Continuing education" , the offering of instruction or information to license holders for the purpose of maintaining or increasing skills necessary for the safe and competent practice of anesthetic care;

(6) "Department" , the department of commerce and insurance or a designated agency thereof;

(7) "Immediately available" , in the same physical location or facility in which the services are provided;

(8) "Physician" , an individual licensed pursuant to this chapter to practice medicine and surgery or osteopathic medicine and surgery;

(9) "Supervision" , medical direction by an anesthesiologist of an anesthesiologist assistant as defined in conditions of 42 CFR 415.110 which limits supervision to no more than four anesthesiologist assistants concurrently.

(L. 2003 H.B. 390, A.L. 2008 S.B. 788)
Mo. Rev. Stat. § 351.920 — MO Code / Chapter 351 / Section 351.920
351.920 Withholding of payment from dissenter — grounds.
Status: in_force

351.920. Withholding of payment from dissenter — grounds. — 1. A corporation may elect to withhold payment required by section 351.910 from a dissenter unless he was the beneficial owner of the shares before the date set forth in the dissenters' notice as the date of the first announcement to news media or to the shareholders of the terms of the proposed corporate action.

2. To the extent the corporation elects to withhold payment under subsection 1 of this section, after taking the proposed corporate action, it shall estimate the fair value of the shares and shall pay this amount to each dissenter who agrees to accept it in full satisfaction of his demand. The corporation shall send with its offer a statement of its estimate of the fair value of the shares and a statement of the dissenters' right to demand payment under section 351.925 .

(L. 1990 H.B. 1432)
Mo. Rev. Stat. § 321.050 — MO Code / Chapter 321 / Section 321.050
321.050 Amendment of petition — similar petitions or duplicates.
Status: in_force

321.050. Amendment of petition — similar petitions or duplicates. — No petition with the requisite signatures shall be declared null and void on account of alleged defects, but the court may at any time permit the petition to be amended to conform with the facts, by correcting any errors in the description of the territory, or in any other particular, except that the boundaries of the district may not be enlarged by taking in additional territory, without notice to the owners of the property thus affected, which notice may be made by publication or service of such pleadings and orders on the owners so affected. Similar petitions or duplicate copies of the same petition for the organization of the same district, revising the boundaries of the proposed district, or recommending another chosen name for the district, may be filed at any time before a hearing is had on the petition, and shall, together with the first petition, be regarded as one petition, and shall be considered by the court the same as though filed with the first petition placed on file.

(L. 1947 V. I p. 432 § 6)