FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 473.767 — MO Code / Chapter 473 / Section 473.767
473.767 Public administrator, duties after expiration of term — duties prior to ...
Status: in_force

473.767. Public administrator, duties after expiration of term — duties prior to expiration of term, certain counties. — 1. In counties operating under fee retention, the public administrator shall before the first court day after the expiration of one year after their successor in office has qualified, file a final settlement as required by section 473.540 for all estates in their charge as public administrator in which final settlement can be made. On the first court day after the expiration of one year after the election of a successor to the public administrator, the judge of the probate division, upon the judge's own motion, shall order the public administrator to account for and deliver all money, property, or papers belonging to all estates in his or her hands in which final settlement cannot be made, to the successor in office, or to the heirs of any estate, or to any executor or administrator regularly appointed, and such accounting and delivery shall be accomplished during the sixty days next thereafter.

2. In counties where the public administrator is paid a salary, the public administrator shall deliver property and make necessary filings as required in this section prior to leaving his or her term of office.

3. Notwithstanding the provisions of subsection 1 of this section, the former public administrator or their legal representative, upon approval and order of the judge of the probate division of the circuit court having jurisdiction over the estates in which the former public administrator has been appointed personal representative, guardian or conservator, shall turn over the administration of the estates to the successor public administrator. A copy of the annual account of each estate in part covering the term of the former public administrator shall be filed with the probate division by the successor public administrator and the successor public administrator shall be charged with the assets and liabilities shown thereby.

(RSMo 1939 § 301, A.L. 1955 p. 385 § 232, A.L. 1978 H.B. 1634, A.L. 1981 S.B. 423, A.L. 1987 S.B. 65, et al., A.L. 1989 S.B. 181, A.L. 1990 S.B. 596, A.L. 1992 S.B. 817, A.L. 1993 S.B. 88, A.L. 1998 S.B. 764, A.L. 2000 S.B. 542) Prior revisions: 1929 § 301; 1919 § 298; 1909 § 304
Mo. Rev. Stat. § 534.130 — MO Code / Chapter 534 / Section 534.130
534.130 Failure of defendant to appear.
Status: in_force

534.130. Failure of defendant to appear. — If the defendant, being duly summoned, does not appear at the time appointed for hearing the complaint, the judge shall proceed with the hearing of the cause.

(RSMo 1939 § 2841, A.L. 1945 p. 1089, A.L. 1978 H.B. 1634) Prior revisions: 1929 § 2455; 1919 § 3003; 1909 § 7665 Effective 1-02-79
Mo. Rev. Stat. § 94.820 — MO Code / Chapter 94 / Section 94.820
94.820 Bonds, retirement of — procedures.
Status: in_force

94.820. Bonds, retirement of — procedures. — 1. If a debt retirement account is established pursuant to subsection 3 of section 94.815 , then a portion of seventy-five percent of the revenues received by a municipality from a tourism tax authorized by section 94.802 or section 94.805 which is required to be set aside for debt retirement purposes by any sinking fund or other requirement in connection with any bonds or indebtedness, or which is required by ordinance to be set aside for debt retirement purposes and to establish reserves and additional security, or which is otherwise required to be set aside so as to make scheduled payments upon and otherwise secure any outstanding bonds or indebtedness shall be deposited in a debt retirement account within the tourism tax trust fund provided for in section 94.815 and shall be used solely to retire and otherwise secure any outstanding bonds or indebtedness. Any remaining portion of the seventy-five percent of the revenues not deposited in the debt retirement account pursuant to this subsection shall be deposited in the infrastructure account provided for in section 94.815 .

2. Once all the bonds and indebtedness for which the debt retirement account was established have been retired, all funds remaining in such account shall be transferred to the infrastructure account provided for in section 94.815 .

(L. 1993 H.B. 345 § 8, A.L. 1997 2d Ex. Sess. H.B. 3) Effective 9-15-97
Mo. Rev. Stat. § 87.310 — MO Code / Chapter 87 / Section 87.310
87.310 Repayment with interest of contributions withdrawn on reinstatement of member.
Status: in_force

87.310. Repayment with interest of contributions withdrawn on reinstatement of member. — When any member terminates his or her employment as a firefighter and withdraws his or her accumulated contributions from the retirement system, he or she ceases to be a member of the retirement system. If he or she is reinstated as a firefighter he or she will again become a member of the retirement system as a new member with no creditable service prior to his or her termination. However, any member currently employed as a firefighter may repay the retirement system his or her total accumulated contribution withdrawn at the time of his or her termination and an amount of interest on such contribution at the same rate per annum as allowed in the member's savings account in the same period. Such repayment shall occur within two years after August 13, 1984, and when made the member shall then receive full credit for service prior to the date of his or her termination.

(L. 1984 S.B. 617, A.L. 2001 S.B. 290)
Mo. Rev. Stat. § 148.376 — MO Code / Chapter 148 / Section 148.376
148.376 Extended Missouri mutual insurance companies, premiums — tax — rate — ...
Status: in_force

148.376. Extended Missouri mutual insurance companies, premiums — tax — rate — payable when — delinquencies, distribution. — 1. Every company operating under the provisions of sections 380.201 to 380.591 shall quarterly pay a tax upon the direct premiums or assessments received during the calendar year, whether in cash or notes, on account of insurance business done in this state at a rate of one percent per annum for the amount of direct premiums or assessments received in excess of one million dollars. Direct premiums or assessments received by such companies in excess of five million dollars shall be taxed at the rate of two percent per annum. This taxation plan shall be in lieu of all other taxes except taxes on real and tangible personal property, taxes on franchises and license taxes, and those insurance companies shall be credited with cancelled or returned premiums, actually paid during the year in this state.

2. The taxes imposed by the provisions of this section shall be payable on an estimated quarterly basis in the same manner that domestic insurance companies pay tax under the provisions of this chapter, and shall be subject to the same provisions concerning delinquency. Calendar year 1985 will be the first year that companies operating under sections 380.201 to 380.591 are required to pay tax under this section and sections 380.011 to 380.611 . The estimated quarterly tax payments for 1985 will be based on the amount of tax that the company would have paid based on their 1984 premiums or assessments. The tax collected under the provisions of this section shall be distributed and apportioned in the same manner as provided in section 148.380 .

(L. 1984 H.B. 1498 § 148.375) Effective 1-1-85
Mo. Rev. Stat. § 515.210 — MO Code / Chapter 515 / Section 515.210
515.210 Proceedings on report.
Status: in_force

515.210. Proceedings on report. — If exceptions are sustained the matter may again be referred, with instructions, if necessary, but if the report is confirmed by the court, judgment shall be rendered thereon in the same manner and with like effect as upon a special verdict.

(RSMo 1939 § 1159) Prior revisions: 1929 § 993; 1919 § 1443; 1909 § 2013
Mo. Rev. Stat. § 71.220 — MO Code / Chapter 71 / Section 71.220
71.220 City prisoners, labor on public works — fines payable in installments.
Status: in_force

71.220. City prisoners, labor on public works — fines payable in installments. — 1. The various cities, towns and villages in this state, whether organized under special charter or under the general laws of the state, are hereby authorized and empowered to, by ordinance, cause all persons who have been convicted and sentenced by the court having jurisdiction, for violation of ordinance of such city, town or village, whether the punishment be by fine or imprisonment, or by both, to be put to work and perform labor on the public streets, highways and alleys or other public works or buildings of such city, town or village, for such purposes as such city, town or village may deem necessary. And the marshal, constable, street commissioner, or other proper officer of such city, town or village shall have power and be authorized and required to have or cause all such prisoners as may be directed by the mayor, or other chief officer of such city, town or village, to work out the full number of days for which they may have been sentenced, at breaking rock, or at working upon such public streets, highways or alleys or other public works or buildings of such city, town or village as may have been designated. And if the punishment is by fine, and the fine be not paid, then for a portion of such judgment that is equal to the greater of the actual daily cost of incarcerating the prisoner or the amount the municipality is reimbursed by the state for incarcerating the prisoner, the prisoner shall work one day. And it shall be deemed a part of the judgment and sentence of the court that such prisoner may be worked as herein provided.

2. When a fine is assessed for violation of an ordinance, it shall be within the discretion of the judge, or other official, assessing the fine to provide for the payment of the fine on an installment basis under such terms and conditions as he may deem appropriate.

(RSMo 1939 § 7359, A.L. 1971 S.B. 227, A.L. 1978 H.B. 1634, A.L. 2011 H.B. 38) Prior revisions: 1929 § 7208; 1919 § 8648; 1909 § 9536
Mo. Rev. Stat. § 191.777 — MO Code / Chapter 191 / Section 191.777
191.777 More stringent ordinances or rules may be adopted by governing bodies or ...
Status: in_force

191.777. More stringent ordinances or rules may be adopted by governing bodies or school boards. — Nothing in sections 191.775 and 191.776 shall prohibit local political subdivisions or local boards of education from enacting more stringent ordinances or rules.

(L. 1993 H.B. 348 § 3)
Mo. Rev. Stat. § 210.761 — MO Code / Chapter 210 / Section 210.761
210.761 Right to testify at foster care hearings, qualifications, limitation.
Status: in_force

210.761. Right to testify at foster care hearings, qualifications, limitation. — Any person who has provided foster care to a child at any time in a two-year period prior to any hearing concerning the child conducted pursuant to the provisions of sections 210.700 to 210.760 , shall be allowed to * testify at such hearing. The court may limit such testimony to evidence the court finds relevant and material.

(L. 1995 S.B. 460 § 2) *Word "to" does not appear in original rolls.
Mo. Rev. Stat. § 436.457 — MO Code / Chapter 436 / Section 436.457
436.457 Seller's right to cancel, when, procedure.
Status: in_force

436.457. Seller's right to cancel, when, procedure. — 1. A seller shall have the right to cancel a trust-funded or joint-account funded preneed contract if the purchaser is in default of any installment payment for over sixty days.

2. Prior to cancelling the contract, the seller shall notify the purchaser and provider in writing that the contract shall be cancelled if payment is not received within thirty days of the postmarked date of the notice. The notice shall include the amount of payments due, the date the payment is due, and the date of cancellation.

3. If the purchaser fails to remit the payments due within thirty days of the postmarked date of the notice, then the seller, at its option, may either cancel the contract or may continue the contract as a nonguaranteed contract where the purchaser will receive full credit for all payments the purchaser has made into the trust towards the cost of the beneficiary's funeral service or merchandise from the provider.

4. Upon cancellation by the seller under this section, eighty-five percent of the contract payments shall be refunded to the purchaser. All remaining funds shall be distributed to the seller.

(L. 2009 S.B. 1)
Mo. Rev. Stat. § 190.025 — MO Code / Chapter 190 / Section 190.025
190.025 Petitions — consolidation, when — amended, how.
Status: in_force

190.025. Petitions — consolidation, when — amended, how. — If two or more petitions covering in part the same territory are filed prior to the public hearing upon the petition which is first filed, the petitions shall be consolidated for public hearing, and hearing thereon may be continued to permit the giving of notice of any subsequent petitions. At the public hearing upon the petitions, the petitioners in the petition first filed may move to amend the petition to include any part of the territory described in the subsequent petitions, either as originally filed or as amended. Any such motion shall be allowed by the commissioners of the county commission. The public hearing shall proceed upon the first petition as originally filed or as so amended, and further proceedings upon any other petitions subsequently filed shall be stayed and held in abeyance until the termination of all proceedings upon the first petition, or any petition may be dismissed or withdrawn upon motion of the petitioners therein by their representatives.

(L. 1971 S.B. 108 § 4) Effective 6-15-71
Mo. Rev. Stat. § 265.496 — MO Code / Chapter 265 / Section 265.496
265.496 Penalty.
Status: in_force

265.496. Penalty. — Any person who violates any provision of sections 265.490 to 265.499 is guilty of a class A misdemeanor.

(L. 1985 H.B. 409 & 532 § 30)
Mo. Rev. Stat. § 105.180 — MO Code / Chapter 105 / Section 105.180
105.180 Termination of withholdings.
Status: in_force

105.180. Termination of withholdings. — 1. The commissioner of administration or disbursing officer of the county or municipal corporation, as the case may be, shall cease to withhold any of the above mentioned funds from any of said salaries or compensations under said authorization upon

(1) Termination of employment;

(2) Written notice of cancellation of such authorization or the allotment thereunder;

(3) Termination of the allotment arrangement by the commissioner of administration or disbursing officer of the county or municipal corporation as the case may be.

2. Upon such termination the money, if any, so allotted, which has not been invested in bonds shall be immediately remitted to the official or employee from whose salary or compensation such money has been withheld.

(L. 1943 p. 332 § 3, A. 1949 H.B. 2046)
Mo. Rev. Stat. § 392.150 — MO Code / Chapter 392 / Section 392.150
392.150 Employees to notify sender when message cannot be transmitted immediately — ...
Status: in_force

392.150. Employees to notify sender when message cannot be transmitted immediately — penalty. — In all cases where application is made to any telephone or telegraph company, or the operator, agent, clerk or servant thereof, to send a dispatch, it shall be the duty of such operator, agent, clerk or servant who may receive dispatches at that station, plainly to inform the applicant, and, if required by him, to write upon the dispatch that the line is not in working order, or that the dispatches already on hand for transmission will occupy the time so that the dispatch offered cannot be transmitted within the time required, or promptly, if the facts be so; and for omitting so to do, or for intentionally giving false information to the applicant in relation to the time within which the dispatch offered may be sent, such operator, agent, clerk or servant, and the company by which he is employed, shall incur a like penalty as in section 392.130 .

(RSMo 1939 § 5332) Prior revisions: 1929 § 4927; 1919 § 10138; 1909 § 3332
Mo. Rev. Stat. § 160.820 — MO Code / Chapter 160 / Section 160.820
160.820 Departments may contract with corporation for activities.
Status: in_force

160.820. Departments may contract with corporation for activities. — In order to assist the corporation in achieving the objectives identified in section 160.810 , the department of economic development, department of elementary and secondary education, and department of higher education and workforce development may contract with the corporation for activities consistent with the corporation's purpose, as specified in section 160.805 , including but not limited to the employment of any personnel of the corporation, administrative services, and provision of office space. When contracting with the corporation under the provisions of this section, the departments shall be bound by the provisions of chapter 34 .

(L. 2009 S.B. 291, A.L. 2014 H.B. 1490)
Mo. Rev. Stat. § 143.781 — MO Code / Chapter 143 / Section 143.781
143.781 Authority to make credits or refunds — authority to make setoffs for debts ...
Status: in_force

143.781. Authority to make credits or refunds — authority to make setoffs for debts owed to state agencies. — 1. The director of revenue within the applicable period of limitations may credit an overpayment of income tax and interest on such overpayment against any liability in respect of any tax imposed by the tax laws of this state on the person who made the overpayment, and the balance shall be refunded if it exceeds one dollar. Overpayments shall be determined by taking into account any deposit made by a taxpayer under section 143.631 , except a deposit which has been returned to a taxpayer pursuant to a written request. Unless directed otherwise by a taxpayer, the director of revenue may credit all or part of the overpayment of a taxpayer on a joint or combined return against the amount of tax due from his spouse.

2. If the amount allowable as a credit for tax withheld from the taxpayer exceeds his tax to which the credit relates, the excess shall be considered an overpayment.

3. If there has been an overpayment of tax required to be deducted and withheld under section 143.191 , refund shall be made to the employer only to the extent that the amount of the overpayment was not deducted and withheld by the employer.

4. The director of revenue may prescribe regulations providing for the crediting against the estimated income tax for any taxable year of the amount determined to be an overpayment of the income tax for a preceding taxable year.

5. If any amount of income tax is assessed or collected after the expiration of the period of limitations properly applicable thereto, such amount shall be considered an overpayment.

6. The provisions of sections 143.781 to 143.841 to the contrary notwithstanding, a refund, or any portion thereof, shall be transferred to the state agency to set off a debt due and owing to the state agency as provided in sections 143.782 to 143.788 . When any action is taken pursuant to sections 143.782 to 143.788 , the provisions of sections 143.782 to 143.788 shall govern all aspects of any rights and entitlement to refunds covered by such action. If there is a final determination that the taxpayer is entitled to receive all or part of the setoff pursuant to the provisions of sections 143.782 to 143.788 , the amount to which the taxpayer is entitled shall bear interest as provided in section 143.811 , beginning sixty days after such setoff.

(L. 1972 S.B. 549, A.L. 1982 H.B. 946, A.L. 1984 H.B. 1275, A.L. 1988 H.B. 1335, A.L. 1993 H.B. 874) Effective 7-1-93
Mo. Rev. Stat. § 106.240 — MO Code / Chapter 106 / Section 106.240
106.240 Appointment of special prosecutor.
Status: in_force

106.240. Appointment of special prosecutor. — Upon the filing of the affidavit as provided in section 106.230 , against any prosecuting attorney, the judge of the circuit court of said county may appoint a special prosecutor, who shall have power and authority to file a complaint, as provided in section 106.230 , against said prosecuting attorney.

(RSMo 1939 § 12830) Prior revisions: 1929 § 11204; 1919 § 9177; 1909 § 10206
Mo. Rev. Stat. § 67.1868 — MO Code / Chapter 67 / Section 67.1868
67.1868 Opposition to formation of a district, petition filed, procedure.
Status: in_force

67.1868. Opposition to formation of a district, petition filed, procedure. — 1. Any owner of real property within the proposed district and any legal voter who is a resident within the proposed district may join in or file a petition supporting or answer opposing the creation of the district and seeking a judgment respecting these same issues.

2. The court shall hear the case without a jury. If the court determines the petition is defective or the proposed district or its plan of operation is unconstitutional, it shall enter its judgment to that effect and shall refuse to incorporate the district as requested in the pleadings. If the court determines the petition is not legally defective and the proposed district and plan of operation are not unconstitutional, the court shall determine and declare the district organized and incorporated and shall approve the plan of operation stated in the petition.

3. Any party having filed a petition or answer to a petition may appeal the circuit court's order or judgment in the same manner as provided for other appeals. Any order either refusing to incorporate the district or incorporating the district shall be a final judgment for purposes of appeal.

(L. 2001 H.B. 80 merged with S.B. 224) Effective 5-16-01 (S.B. 224); 7-02-01 (H.B. 80)
Mo. Rev. Stat. § 511.040 — MO Code / Chapter 511 / Section 511.040
511.040 Judgment on a counterclaim or cross-claim when court orders separate trials.
Status: in_force

511.040. Judgment on a counterclaim or cross-claim when court orders separate trials. — If the court orders separate trials as provided in section 510.180 , judgment on a counterclaim or cross-claim may be rendered even if the claims of the opposing party have been dismissed or otherwise disposed of.

(L. 1943 p. 353 § 79)
Mo. Rev. Stat. § 514.200 — MO Code / Chapter 514 / Section 514.200
514.200 General judgment for costs against the state not given.
Status: in_force

514.200. General judgment for costs against the state not given. — In all such cases, the judgment against the state or county shall not be for costs generally, but the amount thereof shall be expressed in the judgment, and no such judgment shall afterwards be amended so as to increase the amount for which it was originally entered; and, upon a transcript of such judgment, together with a certified copy of the fee bill, showing the items of cost, being presented to the state auditor or the county court, the same shall be audited and allowed.

(RSMo 1939 § 1420) Prior revisions: 1929 § 1256; 1919 § 1708; 1909 § 2277