FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 144.140 — MO Code / Chapter 144 / Section 144.140
144.140 Seller may retain two percent of tax — certified service provider, monetary ...
Status: in_force

144.140. Seller may retain two percent of tax — certified service provider, monetary allowance from taxes in lieu of two percent retention. — 1. From every remittance to the director of revenue made on or before the date when the same becomes due, the person required to remit the same shall be entitled to deduct and retain an amount equal to two percent thereof.

2. The director shall provide a monetary allowance from the taxes collected to a certified service provider under the terms of the certified service contract signed with the provider, provided that such allowance shall be funded entirely from moneys collected by the certified service provider.

3. Any certified service provider receiving an allowance under subsection 2 of this section shall not be entitled to simultaneously deduct the allowance provided for under subsection 1 of this section.

4. For the purposes of this section, "certified service provider" shall mean an agent certified by the department of revenue to perform all the seller's sales and use tax functions, other than the seller's obligation to remit tax on its own purchases.

5. The provisions of this section relating to the allowance for timely remittance of sales tax payment shall also be applicable to the timely remittance of use tax payment under sections 144.600 to 144.746 .

(RSMo 1939 § 11431, A.L. 1941 p. 698, A.L. 1943 p. 1012, A.L. 1945 p. 1865, A.L. 1961 p. 630, A.L. 1963 p. 195, A.L. 2021 S.B. 153 & 97) Effective 1-01-23, see § 144.1021 (1976) Buyer remitting use tax is not entitled to retain 2% of the tax paid. Farm and Home Savings Ass'n. v. Spradling (Mo.), 538 S.W.2d 313.
Mo. Rev. Stat. § 226.130 — MO Code / Chapter 226 / Section 226.130
226.130 Duties and powers of commission — rulemaking, procedure.
Status: in_force

226.130. Duties and powers of commission — rulemaking, procedure. — 1. The commission shall:

(1) Have supervision of highways and bridges which are constructed, improved and maintained in whole or in part by the aid of state moneys, and of highways constructed in whole or in part by the aid of moneys appropriated by the United States government, so far as such supervision is consistent with the acts of Congress relating thereto;

(2) Prescribe rules and regulations not inconsistent with law, fixing the duties of all persons employed by the state highways and transportation commission;

(3) Provide for aiding county highway engineers or other officials of civil subdivisions in establishing gradients and alignments, and preparing suitable systems for maintenance of highways and bridges;

(4) Cause standard plans, specifications and estimates to be prepared for the repair and improvement of highways and the construction and repair of bridges by civil subdivisions;

(5) Investigate and determine upon the various methods of road and bridge construction adapted to different sections of the state and as to the best methods of construction and maintenance of highways and bridges;

(6) Compile statistics relating to public highways throughout the state and collect such information in regard thereto as it shall deem expedient;

(7) Aid at all times in promoting highway improvement throughout the state;

(8) Prepare plans, specifications and estimates for all state highways;

(9) Let all contracts for the construction or improvement of state highways;

(10) Prescribe a system of auditing and accounting for all road and bridge moneys for the use of all highway officials, which system shall be as nearly uniform as practicable;

(11) Have power to construct, under its own direction and supervision, all roads, culverts or bridges, or any part thereof as herein provided.

2. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024 .

(RSMo 1939 § 8752, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3) Prior revision: 1929 § 8104 CROSS REFERENCES: Acquisition of land, authorized for what purposes, 227.120 Bridges over state lines, commission may join with other states to secure, 234.190 Commission may accept title and ownership of bridge, when, 234.200 Toll bridges, commission may contribute to cost, 234.230
Mo. Rev. Stat. § 199.240 — MO Code / Chapter 199 / Section 199.240
199.240 Consent required for medical or surgical treatment.
Status: in_force

199.240. Consent required for medical or surgical treatment. — No person committed to a facility designated by the department of health and senior services under sections 199.170 to 199.350 shall be required to submit to medical or surgical treatment without such person's consent, or, if incapacitated, without the consent of his or her legal guardian, or, if a minor, without the consent of a parent or next of kin, unless authorized by a written order of the circuit court under section 199.200 or as otherwise permitted by law.

(L. 1961 p. 518 § 9, A.L. 1971 H.B. 581, A.L. 1983 S.B. 44 & 45, A.L. 1985 S.B. 19, A.L. 1996 S.B. 540, A.L. 2010 S.B. 1007, A.L. 2013 S.B. 197)
Mo. Rev. Stat. § 136.140 — MO Code / Chapter 136 / Section 136.140
136.140 Accounting systems — approval by director.
Status: in_force

136.140. Accounting systems — approval by director. — The director of revenue shall maintain such accounting systems in his office as may be required to show receipts upon each kind or type of tax, license or fee which is collected by the division of taxation and collection. Such accounting systems maintained in the director of revenue's office shall be first approved by the director of revenue.

(L. 1945 p. 1428 § 23, A.L. 1947 V. I p. 479)
Mo. Rev. Stat. § 515.650 — MO Code / Chapter 515 / Section 515.650
515.650 Receiver may be appointed as a receiver by out-of-state court, when.
Status: in_force

515.650. Receiver may be appointed as a receiver by out-of-state court, when. — 1. A receiver appointed in any action pending in the courts of this state, without first seeking approval of the court, may apply to any court outside of this state for appointment as receiver with respect to any property or business of the person over whose property the receiver is appointed constituting estate property which is located in any other jurisdiction, if the appointment is necessary to the receiver's possession, control, management, or disposition of property in accordance with orders of the court.

2. A receiver appointed by a court of another state, or by a federal court in any district outside of this state, or any other person having an interest in that proceeding, may obtain appointment by a court of this state of that same receiver with respect to any property or business of the person over whose property the receiver is appointed constituting property of the foreign receivership that is located in this jurisdiction if the person is eligible to serve as receiver and the appointment is necessary to the receiver's possession, control, or disposition of the property in accordance with orders of the court in the foreign proceeding. Upon the receiver's request, the court shall enter the orders not offensive to the laws and public policy of this state, necessary to effectuate orders entered by the court in the foreign receivership proceeding. A receiver appointed in an ancillary receivership in this state is required to comply with sections 515.500 to 515.665 requiring notice to creditors or other parties in interest only as may be required by the superior court in the ancillary receivership.

(L. 2016 H.B. 1765 merged with S.B. 578)
Mo. Rev. Stat. § 660.165 — MO Code / Chapter 660 / Section 660.165
660.165 Limitation on periods of emergency — when assistance to be granted.
Status: in_force

660.165. Limitation on periods of emergency — when assistance to be granted. — Subject to the sufficiency of funds appropriated for this program, emergency assistance grants may be authorized by the director of the department of social services, or his delegate, when a finding is made that an individual family emergency exists. Such emergency assistance may be authorized during only one period of thirty consecutive days in any twelve-consecutive-month period, including payments which are to meet needs which arose before the thirty-day period or which extend beyond the thirty-day period. The program shall provide that a finding that an emergency does or does not exist will be made and, if applicable, assistance will be granted within three days after receipt by the department of a properly completed application.

(L. 1979 H.B. 545, et al. § 12)
Mo. Rev. Stat. § 135.284 — MO Code / Chapter 135 / Section 135.284
135.284 Contingent expiration of certain sections.
Status: in_force

135.284. Contingent expiration of certain sections. — 1. The repeal and reenactment of sections 100.710 and 100.840 , and the enactment of sections 135.276 , 135.277 , 135.279 , 135.281 , and 135.283 shall expire on January 1, 2006, if no essential industry retention projects have been approved by the department of economic development by December 31, 2005. If an essential industry retention project has been approved by the department of economic development by December 31, 2005, the repeal and reenactment of sections 100.710 and 100.840 , and the enactment of sections 135.276 , 135.277 , 135.279 , 135.281 , and 135.283 shall expire on January 1, 2020 * .

2. Notwithstanding any other provision of law to the contrary, the time for approval of essential industry retention projects as identified in subsection 1 of this section is extended until December 31, 2007, and if an essential industry retention project has been approved by the department of economic development by December 31, 2007, the provisions of subsection 1 of this section shall expire on January 1, 2020 * .

(L. 2003 H.B. 289 § B merged with S.B. 620 § B, A.L. 2005 S.B. 343 §§ 135.284, 1, A.L. 2013 H.B. 196) *Revisor's note: No notification was provided to the Revisor of Statutes regarding this section.
Mo. Rev. Stat. § 105.981 — MO Code / Chapter 105 / Section 105.981
105.981 Rules, effective, when — rules invalid and void, when.
Status: in_force

105.981. Rules, effective, when — rules invalid and void, when. — Any rule or portion of a rule promulgated pursuant to this bill * shall become effective only as provided pursuant to chapter 536 including but not limited to section 536.028 , if applicable, after August 28, 1997. All rulemaking authority delegated prior to August 28, 1997, is of no force and effect and repealed. The provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028 , if applicable, to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void.

(L. 1997 S.B. 16 § 6) *"This bill" (S.B. 16, 1997) contained numerous sections. Consult Disposition of Sections table for a definitive listing.
Mo. Rev. Stat. § 490.080 — MO Code / Chapter 490 / Section 490.080
490.080 Judicial notice to be taken.
Status: in_force

490.080. Judicial notice to be taken. — Every court of this state shall take judicial notice of the common law and statutes of every state, territory and other jurisdiction of the United States.

(L. 1949 p. 318 § 2) CROSS REFERENCE: Foreign law, judicial notice taken, when pleaded, RSMo 509.220 (1951) Courts take judicial notice of the statutes and judicial decisions of sister states. Hughes Prov. Co. v. LaMear Poultry & Egg Co. (A.), 242 S.W.2d 285. (1956) Where automobile and street car collision occurred in Kansas and law of Kansas was pleaded, such law governed the substantive rights of the parties. Wilson v. K. C. Pub. Serv. Co. (Mo.), 291 S.W.2d 110. (1957) Air traffic rules of federal Civil Aeronautics Board held properly considered in determining negligence but violation thereof is not negligence as matter of law. Court indicated judicial notice might be taken of such rules and that trial court had discretion to permit reading same in evidence. Hough v. Rapidair Inc. (Mo.), 298 S.W.2d 378.
Mo. Rev. Stat. § 351.785 — MO Code / Chapter 351 / Section 351.785
351.785 Exercise of compulsory purchase right.
Status: in_force

351.785. Exercise of compulsory purchase right. — 1. A person entitled and desiring to exercise the compulsory purchase right described in section 351.780 shall deliver a written notice to the corporation, within one hundred twenty days after the death of the shareholder, describing the number and class or series of shares beneficially owned by the decedent and requesting that the corporation offer to purchase the shares.

2. Within twenty days after the effective date of the notice, the corporation shall call a special shareholders' meeting to be held not more than forty days after the call, to decide whether the corporation should offer to purchase the shares. A purchase offer shall be approved by the affirmative vote of the holders of a majority of votes entitled to be cast at the meeting, excluding votes in respect to the shares covered by the notice.

3. The corporation shall deliver a purchase offer to the person requesting it within seventy-five days after the effective date of the request notice. A purchase offer shall be accompanied by the corporation's balance sheet as of the end of a fiscal year ending not more than sixteen months before the effective date of the request notice, an income statement for that year, a statement of changes in shareholders' equity for that year, and the latest available interim financial statements, if any. The person shall accept the purchase offer in writing within fifteen days after receiving it or the offer is rejected.

4. A corporation agreeing to purchase shares under this section may allocate some or all of the shares to one or more of its shareholders or to other persons if all the shareholders voting in favor of the purchase offer approve the allocation. If the corporation has more than one class or series of shares, however, the remaining holders of the class or series of shares being purchased are entitled to a first option to purchase the shares not purchased by the corporation in proportion to their shareholdings or in some other proportion agreed to by all the shareholders participating in the purchase.

5. If price and other terms of a compulsory purchase of shares are fixed or are to be determined by the articles of incorporation, bylaws, or a written agreement, the price and terms so fixed or determined govern the compulsory purchase unless the purchaser defaults, in which event the seller is entitled to commence a proceeding for dissolution under the provisions of section 351.790 .

(L. 1990 H.B. 1432)
Mo. Rev. Stat. § 445.050 — MO Code / Chapter 445 / Section 445.050
445.050 When new county established or county lines changed, plat to be recorded, ...
Status: in_force

445.050. When new county established or county lines changed, plat to be recorded, where. — When any such maps or plats shall be recorded, and by reason of the establishment of any new county, or the alteration of any new county lines, the city, town or village shall fall within a different county, such recorder shall transmit a certified copy of such plat or map to the recorder of the county, within which such city, town or village may be situated.

(RSMo 1939 § 12812) Prior revisions: 1929 § 11188; 1919 § 9290; 1909 § 10297
Mo. Rev. Stat. § 295.050 — MO Code / Chapter 295 / Section 295.050
295.050 Duties of chairman.
Status: in_force

295.050. Duties of chairman. — The chairman of the board shall devote his full time to his duties and shall have charge of the office of the board. He shall keep all records of the proceedings of the board, and shall supervise the work of the employees of the board, and shall have such other powers and duties as may be conferred, or imposed upon him by the board.

(L. 1947 V. I p. 358 § 5)
Mo. Rev. Stat. § 454.512 — MO Code / Chapter 454 / Section 454.512
454.512 Consumer reporting agency, defined — division reports to agencies of ...
Status: in_force

454.512. Consumer reporting agency, defined — division reports to agencies of delinquent support — duties of division — notice, when. — 1. The division shall periodically report the name of any noncustodial parent who is delinquent in the payment of support and the amount of overdue support owed by such parent to consumer reporting agencies defined in 15 U.S.C. Section 1681a(f).

2. The noncustodial parent shall be provided notice and a reasonable opportunity to contest the accuracy of the information before such information is reported to a consumer reporting agency under procedures adopted by the division.

3. Before referring information to any entity pursuant to this section, the division shall ensure that such entity has provided evidence that is qualified as a consumer reporting agency.

(L. 1986 H.B. 1479, A.L. 1997 S.B. 361)
Mo. Rev. Stat. § 511.610 — MO Code / Chapter 511 / Section 511.610
511.610 Effect of acknowledgment.
Status: in_force

511.610. Effect of acknowledgment. — The acknowledgment so made shall forever discharge and release the judgment or decree.

(RSMo 1939 § 1290) Prior revisions: 1929 § 1125; 1919 § 1576; 1909 § 2145
Mo. Rev. Stat. § 41.510 — MO Code / Chapter 41 / Section 41.510
41.510 Refusal to obey orders — penalty.
Status: in_force

41.510. Refusal to obey orders — penalty. — It shall be lawful for the commanding officer of any organization under the provisions of this military code to arrest, or cause to be arrested, any officer, warrant officer or enlisted person of his command, wherever he may be found, who shall neglect or refuse to turn out with his command when ordered to do so under the provisions of this military code, and to confine such officer, warrant officer or enlisted person under guard until such time as he can be tried for such offenses according to law. Any member of the militia who shall neglect or refuse to obey any order lawfully issued as provided herein, or who shall hinder, interfere with or prevent any officer or personnel of his command from performing such duty, or in any manner by neglect prevent the execution of the law, shall be guilty of a misdemeanor.

(RSMo 1939 § 15039, A.L. 1951 p. 654 § 14, A.L. 1953 p. 561) Prior revisions: 1929 § 13846; 1919 § 7374
Mo. Rev. Stat. § 143.911 — MO Code / Chapter 143 / Section 143.911
143.911 Attempt to evade or defeat tax, penalty.
Status: in_force

143.911. Attempt to evade or defeat tax, penalty. — Any person who willfully attempts in any manner to evade or defeat any tax imposed by sections 143.011 to 143.996 or the payment thereof shall, in addition to other penalties provided by law, and upon conviction thereof, be fined not more than ten thousand dollars, or be imprisoned in the county jail for not more than one year or by not less than two nor more than five years in the state penitentiary or by both fine and imprisonment together with the cost of prosecution.

(L. 1972 S.B. 549, A.L. 1974 H.B. 1286)
Mo. Rev. Stat. § 473.060 — MO Code / Chapter 473 / Section 473.060
473.060 Testimony before officer, effect.
Status: in_force

473.060. Testimony before officer, effect. — If the witness appears before such officer and makes oath or affirmation that the testator signed the writing annexed to the commission, as his last will, or that the testator signed the writing, of which the photostatic copy annexed to such commission is a copy as his last will, or that some other person signed it by his direction, and in his presence, that the witness subscribed his name thereto in the presence of testator, the testimony so taken shall have the same force as if taken before the court or clerk.

(RSMo 1939 § 534, A.L. 1955 p. 385 § 45, A.L. 1961 p. 653) Prior revisions: 1929 § 533; 1919 § 521; 1909 § 551
Mo. Rev. Stat. § 474.520 — MO Code / Chapter 474 / Section 474.520
474.520 Construction of will.
Status: in_force

474.520. Construction of will. — The court in which a will is probated shall have jurisdiction to construe it at any time during the administration. Such construction may be made on the petition of the executor or administrator or of any other person interested in the will; or, if a construction of the will is necessary to the determination of an issue properly before the court, the court may construe the will in connection with the determination of such issue. When a petition for the construction of a will is filed, notice of the hearing thereon shall be given to interested persons.

(L. 1955 p. 385 § 281)
Mo. Rev. Stat. § 57.070 — MO Code / Chapter 57 / Section 57.070
57.070 Certificate, bond and oath to be recorded.
Status: in_force

57.070. Certificate, bond and oath to be recorded. — Every sheriff shall, before he enters upon the duties of his office, cause his certificate of election or appointment, with the oath of office endorsed thereon, and his official bond, with the approval endorsed thereon, to be recorded, at his own expense, in the office of the recorder of the county.

(RSMo 1939 § 13131) Prior revisions: 1929 § 11511; 1919 § 11635; 1909 § 11206
Mo. Rev. Stat. § 375.1206 — MO Code / Chapter 375 / Section 375.1206
375.1206 Proof of claim, filed when — effect of late filing.
Status: in_force

375.1206. Proof of claim, filed when — effect of late filing. — 1. Proof of all claims shall be filed with the liquidator in the form required by section 375.1208 on or before the last day for filing specified in the notice required under section 375.1185 , except that proofs of claim for cash surrender values or other investment values in life insurance and annuities need not be filed unless the liquidator expressly so requires. However, only upon application of the liquidator, the court may allow alternative procedures and requirements for the filing of proofs of claim or for allowing or proving claims. Upon such application, if the court dispenses with the requirement of filing a proof of claim by a person, class or group of persons, a proof of claim for such persons shall be deemed as having been filed for all purposes, including the application of guaranty association or foreign guaranty association laws.

2. The liquidator, in his absolute discretion, may permit a claimant making a late filing to share in distributions, whether past or future, as if he were not late, to the extent that any such payment will not prejudice the orderly administration of the liquidation, under any of the following circumstances:

(1) The existence of the claim was not known to the claimant and that he filed this claim as promptly thereafter as reasonably possible after learning of it;

(2) A transfer to a creditor was avoided pursuant to sections 375.1192 to 375.1195 , or was voluntarily surrendered pursuant to section 375.1196 , and that the filing satisfies the conditions of section 375.1196 ; or

(3) The valuation pursuant to section 375.1216 of security held by a secured creditor shows a deficiency, which is filed within thirty days after the valuation.

3. The liquidator, in his absolute discretion, may consider any claim filed late which is not covered by subsection 2 of this section, and permit the claimant to receive distributions which are subsequently declared on any claims of the same or lower priority if the payment does not prejudice the orderly administration of the liquidation. The late filing claimant shall receive, at each distribution, the same percentage of the amount allowed on his claim as is then being paid to claimants of any lower priority. These distributions shall continue until his claim has been paid in full.

(L. 1991 H.B. 385, et al. § 84, A.L. 1992 H.B. 1574)