reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 371 - Development Finance Corporations › Section 371.240 - Dissolution, when authorized — procedure.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 371
Effective - 28 Aug 2011
371.240. Dissolution, when authorized — procedure. —
1. Any corporation organized under this chapter, after the payment in full and cancellation of all its bonds and other obligations issued under the provisions of this chapter, or after the deposit in trust with the respective trustees designated in any deeds of trust given to secure the payment of any such obligation of a sum of money sufficient for the purpose, may dissolve by the vote of a majority of the stockholders at any regular meeting or at a special meeting called for that purpose.
2. A certificate of dissolution shall be signed by the president or vice president and attested by the secretary, certifying to the dissolution and that they have been authorized by lawful action of the stockholders to execute and file such certificate. The certificate of dissolution shall be executed, acknowledged and filed with the director of finance and, when approved by the state banking and savings and loan board, shall be recorded in the same manner as the original articles of incorporation. When the director has endorsed the approval of the state banking and savings and loan board on the certificate of dissolution the corporation is deemed to be dissolved.
3. The corporation shall, however, continue for the purpose of paying, satisfying and discharging any other existing liabilities or obligations and for collecting or liquidating its assets, and doing all other acts required to adjust and wind up its business and affairs, and may sue and be sued in its corporate name.
4. Any assets remaining after all liabilities and obligations have been satisfied shall be distributed pro rata among the stockholders of the corporation.
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(L. 1961 p. 157 § 23, A.L. 1963 p. 478, A.L. 2011 H.B. 464)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 371 - Development Finance Corporations › Section 371.250 - Corporations and banks may own stock or securities of company, securities exempt.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 371
Effective - 28 Aug 1978
371.250. Corporations and banks may own stock or securities of company, securities exempt. —
Notwithstanding any rule at common law or any provision of any law or any provision in their respective charters, agreements of association, articles of organization, certificates of incorporation, or trust indentures:
(1) All domestic corporations organized for the purpose of carrying on business within this state, including, without implied limitation, any railroad or transportation corporation, and all trusts, are authorized to acquire, purchase, hold, sell, assign, transfer, mortgage, pledge or otherwise dispose of any bonds, securities, or other evidences of indebtedness created by, or the shares of the capital stock of any corporation established by this chapter and, while owners of said stock, to exercise all the rights, powers and privileges of ownership, including the right to vote thereon, all without the approval of any regulatory authority of this state;
(2) All banking organizations are hereby authorized to become members of any corporation established by this chapter and to make loans to any such corporation as provided herein;
(3) A banking organization which does not become a member of a corporation established by this chapter shall not acquire any shares of the capital stock of such corporation;
(4) Each banking organization which becomes a member of a corporation established by this chapter is authorized to acquire, purchase, hold, sell, assign, transfer, mortgage, pledge, or otherwise dispose of any bonds, securities or other evidences of indebtedness issued by such corporation or the shares of its capital stock and while owners of said stock to exercise all the rights, powers and privileges of ownership, including the right to vote thereon, all without the approval of any regulatory authority of this state; except that the amount of capital stock of such corporation which may be acquired by any member pursuant to the authority granted herein shall not exceed ten percent of the loan limit of such member as provided by law. The amount of capital stock of such corporation which any member is authorized to acquire pursuant to the authority granted herein shall be in addition to the amount of capital stock in corporations which such member may otherwise be authorized to acquire;
(5) The bonds, securities or other evidences of indebtedness, and shares of capital stock of a corporation established pursuant to this chapter shall be exempt from the provisions of chapter 409 and all rules promulgated thereunder.
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(L. 1961 p. 157 § 24, A.L. 1963 p. 478, A.L. 1978 S.B. 657)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.005 - Department created, duties — definitions.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
Effective - 28 Aug 2008
374.005. Department created, duties — definitions. —
1. The department of insurance created by Section 36(b) of Article IV of the Missouri Constitution shall operate under the name "Department of Commerce and Insurance". Under the authority of the Omnibus State Reorganization Act of 1974 and executive order 06-04, the department shall administer and enforce the laws assigned to the department.
2. Unless otherwise clearly indicated by the context, the following words, as used in this chapter, mean:
(1)
"Department"
, the department of commerce and insurance; and
(2)
"Director"
, the director of the department of commerce and insurance.
3. Wherever the laws, rules, or regulations of this state make reference to the "department of insurance" or the "department of commerce and insurance", such references shall be deemed to refer to the department created by Section 36(b) of Article IV of the Missouri Constitution and this chapter.
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(L. 2008 S.B. 788)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.007 - Statutory reference changes authorized.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
Effective - 28 Aug 2008
374.007. Statutory reference changes authorized. —
1. The revisor of statutes shall change all references in the revised statutes of Missouri from "department of insurance", "insurance department" or "department of insurance, financial and professional regulation" to "department of insurance, financial institutions and professional registration".
2. The revisor of statutes shall change all references in the revised statutes of Missouri from "director of insurance" or "commissioner of insurance" to "director of the department of insurance, financial institutions and professional registration".
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(L. 2008 S.B. 788)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.010 - Department — general powers.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 1990
374.010. Department — general powers. —
The department of commerce and insurance shall be charged with the execution of all laws now in force, or which may be hereafter enacted, in relation to insurance and insurance companies doing business in this state, and such other duties as are provided for by law.
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(RSMo 1939 § 5780, A.L. 1990 H.B. 1739)
Prior revisions: 1929 § 5670; 1919 § 6082; 1909 § 6877
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.015 - Issuance of bulletins by director — definitions — bulleting not to have force and effect of law and are not binding.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
Effective - 28 Aug 2015
374.015. Issuance of bulletins by director — definitions — bulleting not to have force and effect of law and are not binding. —
1. For purposes of this section,
"insurer"
shall mean any person, reciprocal exchange, interinsurer, Lloyds insurer, fraternal benefit society, and any other legal entity engaged in the business of insurance including producers, adjusters and third-party administrators, health services corporations, health maintenance organizations, health carriers, prepaid limited health care service plans, dental, optometric, and other similar health service plans. "Insurer" shall also include all companies organized, incorporated, or doing business under the provisions of chapters 325, 354, and 374 to 385.
2. For purposes of this section,
"bulletin"
shall mean an informal written communication to inform or educate the insurance industry and the general public about a regulatory topic or issue. A bulletin is informational in nature and is not an evaluation of specific facts and circumstances.
3. Notwithstanding any law to the contrary, the director may at his or her discretion issue bulletins addressing the business of insurance in this state.
4. Bulletins do not have the force or effect of law and shall not be considered statements of general applicability that would require promulgation by rule.
5. Such bulletins shall not be binding on the department or an insurer. The director may revise or withdraw any previously issued bulletin; however such revision or withdrawal shall be prospective in nature. The effective date for such bulletin which was withdrawn or revised shall be ninety days after the date the revision or withdrawal notice is published and, where applicable, shall apply to new policies issued and policies that renew on or after that date.
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(L. 2015 H.B. 709)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.020 - Director — qualifications — appointment.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
Effective - 28 Aug 1949
374.020. Director — qualifications — appointment. —
1. The chief officer of said department shall be designated as the director of the department of commerce and insurance. He shall be a citizen of this state, and experienced in matters of insurance, and be appointed by the governor, by and with the advice and consent of the senate, and shall hold his office concurrently with that of the governor and until his successor is appointed and qualified, and shall be subject to removal from office by the governor at his pleasure.
2. If a vacancy shall at any time occur, the same shall be filled by the governor, by appointment, subject to the confirmation of the senate, if in session; if not, then at its next session.
3. It shall not be lawful for the director or his deputy to hold any position as officer, agent or employee of any insurance or assurance company, nor shall he otherwise be directly or indirectly interested in any insurance company, except as a policyholder.
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(RSMo 1939 § 5781, A.L. 1949 p. 300)
Prior revisions: 1929 § 5671; 1919 § 6083; 1909 § 6878
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.030 - Director — oath — bond.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 1967
374.030. Director — oath — bond. —
Within twenty days after receiving his commission, and before entering upon the duties of his office, the director shall take the oath of office prescribed by the constitution of this state, and shall give a bond with a corporate surety or five or more good and sufficient sureties to the state of Missouri in the sum of two hundred fifty thousand dollars to be approved by the governor and attorney general, conditioned for the faithful discharge of his duty, which oath and bond shall be filed in the office of the secretary of state.
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(RSMo 1939 § 5782, A. 1949 H.B. 2115, A.L. 1967 p. 516)
Prior revisions: 1929 § 5672; 1919 § 6084; 1909 § 6879
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.040 - Director — duties — administrative hearing commission law not applicable.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 1967
374.040. Director — duties — administrative hearing commission law not applicable. —
1. It shall be the duty of the director of the department of commerce and insurance to file in his office and safely keep all books and papers required by law to be filed therein, to issue certificates of authority to transact insurance business in this state to any companies who have fully complied with the laws of this state, and to issue such other certificates as are required by the laws of this state in the organization of insurance companies and the transaction of the business of insurance, and generally to do and perform with justice and impartiality all such duties as are or may be imposed upon him by the laws regulating the business of insurance in this state and to perform those duties imposed upon him in such a manner as to be in the best interests of and protect the general public, policyholders, insurance companies, and the officers, directors and stockholders thereof; and every director shall, upon retiring from office, deliver to his qualified successor the possession of his office, and all furniture, papers and property belonging to the same.
2. Notwithstanding the provisions of sections 621.015 to 621.198, whenever the director of the department of commerce and insurance undertakes to issue, refuse, revoke or suspend the license or certificate of authority of an insurance company, fraternal benefit society, or reciprocal or interinsurance exchange, he shall proceed in accordance with the insurance laws of this state.
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(RSMo 1939 § 5790, A.L. 1967 p. 516)
Prior revisions: 1929 § 5680; 1919 § 6091; 1909 § 6885
CROSS REFERENCE:
Administrative hearing required on policy disapproval, 375.920
(1974) Disapproval of policy containing a "termination premium" was within power of director of insurance and termination penalty to be paid if insured cancelled within ten years discriminated against cancelling policyholder as opposed to policyholder who died within the same period. Survivor's Benefit Insurance Co. v. Farmer (Mo.), 514 S.W.2d 565.
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.045 - Director authorized to make rules and regulations, procedure, this chapter.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 2008
374.045. Director authorized to make rules and regulations, procedure, this chapter. —
1. The director shall have the full power and authority to make all reasonable rules and regulations to accomplish the following purposes:
(1) To regulate the internal affairs of the department of commerce and insurance;
(2) To prescribe forms and procedures to be followed in proceedings before the department of commerce and insurance; and
(3) To effectuate or aid in the interpretation of any law of this state in this chapter, chapter 354, chapters 375 to 385, or as otherwise authorized by law.
2. The director may from time to time withdraw or amend any rule or regulation in this chapter, chapter 354, chapters 375 to 385, or as otherwise authorized by law.
3. No rule or regulation shall conflict with any law of this state. 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.
4. At least fifteen days prior to the adoption of any rule or regulation, or any amendment thereof, to be issued under the provisions of subdivision (3) of subsection 1, the director shall give notice of a hearing on the proposed action. The notice shall be mailed to all persons who have made timely requests of the director for advance notice of its rulemaking proceedings. The notice shall contain a statement of the terms or the substance of the proposed rule or regulation. In addition, the notice shall give the time and place where a hearing on the proposed rule or regulation will be held and the manner in which interested parties may present their views thereon. On the date of the hearing, all interested parties shall be given reasonable opportunity to present their views or arguments in writing or orally. The failure of any person to receive any notice of a hearing on any proposed rule or regulation shall not invalidate any rule or regulation subsequently adopted.
5. The willful violation of any rule or regulation shall subject the person violating it to such penalty as may be applicable and which the director has within his power to impose under the laws of this state relating to the business of insurance for violation of the law to which the rule or regulation relates.
6. Upon request and payment of the reasonable cost thereof, if required and fixed by the director, the director shall furnish a copy of any rule, regulation, or order to any person so requesting.
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(L. 1967 p. 516, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 2008 S.B. 788)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.047 - Willful violation of state law, order — notice.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 2006
374.047. Willful violation of state law, order — notice. —
1. If the director determines, based on substantial and competent evidence, that a corporation or insurer with a certificate of authority under the laws relating to insurance willfully has engaged in an act, practice, omission, or course of business constituting a level three, four, or five violation of the laws of this state relating to insurance in this chapter, chapter 354 and chapters 375 to 385, or been convicted of any felony or misdemeanor under any state or federal law, the director may, after hearing, issue an order suspending or revoking the certificate of authority.
2. Prior to issuance of the order under this section, the director shall give at least thirty days' notice with a statement of reasons for the action and afford such corporation or insurer the opportunity for a hearing upon written request. If such corporation or insurer requests a hearing in writing, a final order of suspension or revocation may not be issued unless the director makes findings of fact and conclusions of law in a record in accordance with the contested case provisions of chapter 536 and procedural rules promulgated by the director.
3. The enforcement authority of the director under this section is cumulative to any other statutory authority of the director.
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(L. 2006 H.B. 1837)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.050 - Seal of office — effect.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 1939
374.050. Seal of office — effect. —
1. The seal now used by said department shall be the seal of the office of the director of the department of commerce and insurance, and the same may be renewed whenever necessary.
2. Every certificate or other paper executed by said director in pursuance of any authority conferred on him by law, and sealed with his seal of office, and all copies of papers in the office of said director, certified by him and authenticated by said seal, shall, in all cases, be evidence equally and in like manner as the originals, and shall have the same force and effect as the originals thereof would, in any suit or proceeding in any court of this state.
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(RSMo 1939 § 5787)
Prior revisions: 1929 § 5677; 1919 § 6088; 1909 § 6882
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.051 - Refusal of license and nonrenewal, applicant may appeal, procedure.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 2007
374.051. Refusal of license and nonrenewal, applicant may appeal, procedure. —
1. Any applicant refused a license or the renewal of a license by order of the director under sections 374.755, 374.787, and 375.141 may file a petition with the administrative hearing commission alleging that the director has refused the license. The administrative hearing commission shall conduct hearings and make findings of fact and conclusions of law in determining whether the applicant may be disqualified by statute. Notwithstanding section 621.120, the director shall retain discretion in refusing a license or renewal and such discretion shall not transfer to the administrative hearing commission.
2. If a proceeding is instituted to revoke or suspend a license of any person under sections 374.755, 374.787, and 375.141, the director shall refer the matter to the administrative hearing commission by directing the filing of a complaint. The administrative hearing commission shall conduct hearings and make findings of fact and conclusions of law in such cases. The director shall have the burden of proving cause for discipline. If cause is found, the administrative hearing commission shall submit its findings of fact and conclusions of law to the director, who may determine appropriate discipline.
3. Hearing procedures before the director or the administrative hearing commission and judicial review of the decisions and orders of the director and of the administrative hearing commission, and all other procedural matters under this chapter, shall be governed by the provisions of chapter 536. Hearings before the administrative hearing commission shall also be governed by the provisions of chapter 621.
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(L. 2007 S.B. 66)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.055 - Grievance procedure.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 2007
374.055. Grievance procedure. —
1. Except as otherwise provided, any interested person aggrieved by any order of the director under the laws of this state relating to insurance in this chapter, chapter 354, and chapters 375 to 385, or a rule adopted by the director, or by any refusal or failure of the director to make an order pursuant to any of said provisions, shall be entitled to a hearing before the director in accordance with the provisions of chapter 536. A final order issued by the director is subject to judicial review in accordance with the provisions of chapter 536. However, any findings of fact or conclusions of law in any order regarding the actual costs of the investigation or proceedings under section 374.046, or the classification of any violation under section 374.049, shall be subject to de novo review.
2. A rule adopted by the director is subject to judicial review in accordance with the provisions of chapter 536.
3. Notwithstanding any other provision of law to the contrary, no person or entity shall impose an accident response service fee on or from an insurance company, the driver or owner of a motor vehicle, or any other person. As used in this section, the term
"accident response service fee"
means a fee imposed for the response or investigation by a local law enforcement agency of a motor vehicle accident.
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(L. 2007 S.B. 66)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.056 - Rulemaking authority, delivery methods.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 2008
374.056. Rulemaking authority, delivery methods. —
Except as limited by section 375.922, the director may promulgate rules establishing the specific type of delivery method for submissions of rate and form filings, rules, license applications, including materials requested in the course of a financial or market conduct examination, which are required to be submitted to the department under state law. Types of delivery methods shall be web-based interface systems such as the System for Electronic Rate Form Filing (SERFF), the National Insurance Producer Registry (NIPR), and the National Association of Insurance Commissioners' Internet-State Interface Technology Enhancement (I-SITE). Such rules may only apply to insurance companies, producers, health maintenance organizations, and any other person or entity regulated by the department under this chapter, and chapters 287, 325, 354, and 375 to 385, or a rule adopted thereunder. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2008, shall be invalid and void.
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(L. 2008 H.B. 1690)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.057 - Filing of records and signatures authorized when in compliance with federal law.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 2008
374.057. Filing of records and signatures authorized when in compliance with federal law. —
The filing of records and signatures is authorized, when specified under this chapter, or chapters 287, 325, 354, and 375 to 385, or a rule adopted thereunder, when carried out in a manner consistent with Section 104(a) of the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7004(a). This section modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, but does not modify, limit, or supersede Section 101(c) of the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001(c), or authorize the electronic delivery of any of the notices described in Section 103(b) of the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7003(b).
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(L. 2008 H.B. 1690)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.060 - Office location and hours.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 1967
374.060. Office location and hours. —
1. The director shall maintain his office in Jefferson City and shall keep the same open from eight a.m. to five p.m. every day except Saturdays, Sundays and public holidays. He shall be furnished with suitable rooms in the capitol or other state office building, which shall be furnished with a safe, furniture, stationery, printing and such other things as may be necessary for the transaction of the business of his office.
2. With the approval of the governor, the director may maintain branch offices in this state as may be needed to effectively discharge the duties of his office.
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(RSMo 1939 § 5788, A. 1949 H.B. 2115, A.L. 1967 p. 516)
Prior revisions: 1929 § 5678; 1919 § 6089; 1909 § 6883
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.070 - Office and records, public — copies — records disposed of or destroyed, when.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 2008
374.070. Office and records, public — copies — records disposed of or destroyed, when. —
1. The office shall be a public office and the records shall be public records and shall at all times be open to the inspection of the public subject to such rules as the director shall make for their safekeeping; provided, however, that the work product of the director, the director's employees and agents, including but not limited to work papers of examinations of companies, work papers of investigations of insurance companies and producers and other persons licensed or with a certificate of authority under this chapter, chapter 354, and chapters 375 to 385, or of other entities as provided by law and confidential communications to the director, shall not be considered public records except as provided by law.
2. When requested, the director shall furnish certified copies of any paper, report, or documents on file in the director's office to any person requesting them, upon payment of the fees allowed by law.
3. Five years after the conclusion of the transactions to which they relate, the director is authorized to destroy or otherwise dispose of all correspondence, complaints, claim files, working papers of examinations of companies, examination reports of companies made by the insurance supervisory officials of states other than Missouri, rating files, void or obsolete or superseded rate filings and schedules, individual company rating experience data, applications, requisitions, and requests for licenses, all license cards and records, all expired bonds, all records of hearings, and all similar records, papers, documents, and memoranda now or hereafter in the possession of the director.
4. Ten years after the conclusion of the transactions to which they relate, the director is authorized to destroy or otherwise dispose of all foreign companies' and alien companies' annual statements, valuation reports, tax reports, and all similar records, papers, documents and memoranda now or hereafter in the possession of the director.
5. Disposal and destruction of records shall be in accordance with sections 109.200 to 109.310.
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(RSMo 1939 §§ 5788, 5793, A. 1949 H.B. 2115, A.L. 1953 p. 242, A.L. 1967 p. 516, A.L. 1999 S.B. 19 merged with S.B. 386, A.L. 2008 S.B. 788)
Prior revisions: 1929 §§ 5678, 5683; 1919 §§ 6089, 6094; 1909 §§ 6883, 6888
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.071 - Insurance records exempt from public disclosure — release permitted, when.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 2005
374.071. Insurance records exempt from public disclosure — release permitted, when. —
1. The following records of the department are not public records and are not available for public examination under section 374.070:
(1) Any document or other material in any consumer complaint file maintained under section 374.085, including medical records, repair estimates, adjuster notes, insurance policy provisions, recordings or transcripts of witness interviews, and any other records regarding coverage, settlement, payment, or denial of claim asserted under an insurance policy;
(2) Any document or other material submitted by an insurer or producer under section 374.190, or any other inquiry, information request, or data call initiated by the department.
2. Any record that is not public under subsections 1 and 2 of this section is confidential and is not subject to disclosure, including discovery or subpoena, unless the subpoena is issued by the prosecuting attorney, attorney general, administrative hearing officer, or under the authority of any court. The director may only produce the documents or other material to another state or federal governmental agency or officer under a lawful request, subpoena, or formal discovery procedure. The documents or material may, in the discretion of the director, be made public once admitted as evidence in any administrative, civil, or criminal enforcement proceeding.
3. The director may release contents of any record that is not public under this section as part of an examination report under section 374.205, if the release is in the public interest. Notwithstanding any provision of subsections 1 and 2 of this section to the contrary, in all cases, the director may release an incident report record consisting of the date and immediate facts and circumstances surrounding the initial consumer report or complaint.
4. No waiver of any applicable privilege or claim of confidentiality regarding any document shall occur as a result of disclosure to the director or by the director in sharing documents with other state and federal regulatory agencies, the National Association of Insurance Commissioners, and its affiliates and subsidiaries, or state or federal law enforcement authorities, and the recipient of such document is bound by the provisions of this section as to the confidentiality of such document.
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(L. 2005 H.B. 388)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.075 - Divisions, director may establish.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 2008
374.075. Divisions, director may establish. —
1. The director may establish three or more divisions within the department to administer and enforce the laws of this state relating to insurance. The director shall establish at least one division, to be known as the "Division of Consumer Affairs", which shall perform the functions of the consumer services section in addition to such other functions as may be assigned to it by the director. The director shall establish a division to be known as the "Division of Insurance Company Regulation", which shall perform the functions of insurance company admissions and financial supervision, in addition to such other functions as may be assigned to it by the director, and a division to be known as the "Division of Insurance Market Regulation", which shall perform the functions of rate and form regulation in addition to such other functions as may be assigned to it by the director.
2. Wherever the laws, rules or regulations of this state make reference to the "division of insurance" or to the "insurance division", such references shall be deemed to refer to the department of commerce and insurance.
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(L. 1991 H.B. 575, A.L. 2008 S.B. 788)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.080 - Deputy director, appointment, powers — governor to appoint, when.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 26 Jun 1991, see footnote
374.080. Deputy director, appointment, powers — governor to appoint, when. —
1. The director may appoint a deputy, who shall be subject to removal at pleasure by the director, and who shall possess all the powers and perform all the duties attached by law to the office of director during a vacancy in the office, and during the absence, inability or suspension of his principal. The director shall be responsible for the acts of his deputy, who shall, before entering upon the duties of his office, take the oath and be bonded as required of the director in section 374.030. The deputy director shall assist the director in the administration of the department, and perform such duties and have such powers as the director may direct.
2. In the event there is an absence of the director and no deputy has been appointed, the governor shall appoint the acting director from among the division directors within the department.
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(RSMo 1939 § 5783, A.L. 1967 p. 516, A.L. 1990 H.B. 1739, A.L. 1991 H.B. 575)
Prior revisions: 1929 § 5673; 1919 § 6085; 1909 § 6880
Effective 6-26-91
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.085 - Division of consumer affairs, duties — legal adviser may assist.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 2008
374.085. Division of consumer affairs, duties — legal adviser may assist. —
1. The division of consumer affairs of the department of commerce and insurance shall perform the following functions:
(1) The division shall receive complaints and inquiries from the general public concerning insurance companies, health services corporations and health maintenance organizations, their agents and employees, insurance producers, and any other persons licensed by or registered with the department, except those licensed by the division of finance, credit unions or professional registration, or any boards assigned to those divisions;
(2) The division shall maintain records of each complaint received and the disposition of that complaint, indexed by type of complaint, company, and such other factors as the section deems appropriate;
(3) The division shall operate a statewide toll-free telephone service to receive complaints and inquiries, and shall publicize the existence of this service to the general public;
(4) The division shall investigate complaints received of unfair or unlawful acts under the insurance laws of this state and shall close the file on each investigation only when the director of the consumer services division is satisfied that the person or persons complained against have taken a fair and reasonable position or one which is legally correct;
(5) The division shall prepare such brochures and other documents as it deems appropriate to help inform the general public on such topics as the state's insurance laws, insurance practices, policy coverages and policy costs; and
(6) The division shall recommend changes to state statutes when it considers such statutes to adversely or unfairly affect the interests of the general public.
2. In performing the functions of this section, the consumer services division may be assisted by a legal adviser. The legal adviser shall be an attorney licensed to practice law in the state of Missouri and shall possess a knowledge of the state's insurance laws and regulations.
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(L. 1990 H.B. 1739, A.L. 1991 H.B. 575, A.L. 2008 S.B. 788)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.090 - Actuary, chief market conduct examiner and chief financial examiner, qualifications — bond required.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 1990
374.090. Actuary, chief market conduct examiner and chief financial examiner, qualifications — bond required. —
1. The director shall appoint and employ an actuary, a chief market conduct examiner and a chief financial examiner, who shall be subject to removal at the pleasure of the director. The director may contract with persons to assist the actuary or to provide actuarial services subject to appropriation by the general assembly.
2. The actuary shall have had at least five years' experience in actuarial work, the chief market conduct examiner shall have at least five years in insurance examination work as defined by the NAIC market conduct examiners' handbook in effect on August 28, 1990, and the chief financial examiner shall have had at least five years' experience in financial examination work.
3. The actuary and examiners shall not be or become interested in any insurance company other than as a policyholder.
4. The actuary and the examiners each shall file bond as required by the director, which shall not exceed the sum of ten thousand dollars.
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(RSMo 1939 § 5784, A. 1949 H.B. 2115, A.L. 1990 H.B. 1739)
Prior revision: 1929 § 5674
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.100 - Actuary — duties — fees.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 1949
374.100. Actuary — duties — fees. —
1. The actuary shall perform those duties usually performed by actuaries and such other duties in connection with the department as the director may direct.
2. All fees allowed or paid to the actuary as provided by law shall be paid to the director of revenue and shall be deposited to the credit of the department of commerce and insurance fund.
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(RSMo 1939 §§ 5784, 5786, A. 1949 H.B. 2115)
Prior revisions: 1929 §§ 5674, 5676; 1919 § 6087; 1909 § 6881
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.110 - Examiner — duties — assistants — fees.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 1949
374.110. Examiner — duties — assistants — fees. —
1. The director of the department of commerce and insurance, through the chief examiner, may examine into the affairs and good faith of any person who is engaged in, or is claiming or advertising that he is engaged in, organizing or receiving subscriptions for or disposing of stock of, or in any manner aiding or taking part in the formation of or business of an insurance corporation, association or organization and the chief examiner shall conduct or assist in conducting the examination of insurance companies, associations and organizations and reciprocal or interinsurance exchanges as required by law, and do such other things pertaining to the department as the director may direct.
2. The director may also employ one or more expert actuaries or examiners to assist the chief examiner in making such examinations.
3. The fees and expenses in all cases to be reasonable and to be paid by the company, association, organization or reciprocal or interinsurance exchange being examined upon accounts approved by the director.
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(RSMo 1939 § 5784, A. 1949 H.B. 2115)
Prior revision: 1929 § 5674
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.130 - Chief clerk, duties and powers.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 1939
374.130. Chief clerk, duties and powers. —
The director may designate one of the clerks of the department of commerce and insurance as chief clerk, who shall possess the qualifications of the director, and shall, subject to the director and his deputy, have charge of the clerical and detail work of the department, and the employees thereof. In the absence or inability of both the director and deputy or in case of a vacancy in both of said offices, the chief clerk shall have and exercise the powers of the director. Chief clerk shall serve during the pleasure of the director, and shall perform such other duties as the director may direct.
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(RSMo 1939 § 5785)
Prior revisions: 1929 § 5675; 1919 § 6086
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.150 - Fees paid to director, exception — insurance dedicated fund established, purpose — lapse into general revenue, when.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 01 Jan 2019, 4 histories, see footnote
374.150. Fees paid to director, exception — insurance dedicated fund established, purpose — lapse into general revenue, when. —
1. All fees due the state under the provisions of the insurance laws of this state shall be paid to the director and deposited in the state treasury to the credit of the insurance dedicated fund unless otherwise provided for in subsection 2 of this section.
2. There is hereby established in the state treasury a special fund to be known as the "Insurance Dedicated Fund". The fund shall be subject to appropriation of the general assembly and shall be devoted solely to the payment of expenditures incurred by the department attributable to duties performed by the department for the regulation of the business of insurance, regulation of health maintenance organizations and the operation of the division of consumer affairs as required by law which are not paid for by another source of funds. Other provisions of law to the contrary notwithstanding, beginning on January 1, 1991, all fees charged under any provision of chapter 325, 354, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384 or 385 due the state shall be paid into this fund. The state treasurer shall invest moneys in this fund in the same manner as other state funds and any interest or earnings on such moneys shall be credited to the insurance dedicated fund. The provisions of section 33.080 notwithstanding, moneys in the fund shall not lapse, be transferred to or placed to the credit of the general revenue fund unless and then only to the extent to which the unencumbered balance at the close of the biennium year exceeds two times the total amount appropriated, paid, or transferred to the fund during such fiscal year.
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(RSMo 1939 § 5786, A.L. 1945 p. 1018, A. 1949 H.B. 2115, A.L. 1990 H.B. 1739, A.L. 1991 H.B. 575, A.L. 2003 S.B. 675, A.L. 2007 S.B. 66, A.L. 2013 H.B. 1035 merged with S.B. 23, A.L. 2018 S.B. 982)
Prior revisions: 1929 § 5676; 1919 § 6087; 1909 § 6881
Effective 1-01-19
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.162 - Insurance examiners fund, established — assessments against insurer, how determined, when.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 1993
374.162. Insurance examiners fund, established — assessments against insurer, how determined, when. —
1. There is hereby established a fund for the examination expenses to be paid pursuant to section 374.160, to be known as the "Insurance Examiners Fund". There shall be an amount assessed against all insurers, health services corporations and health maintenance organizations which are engaged in the business of insurance within this state in order to provide initial funding for the insurance examiners fund. The assessment shall be made between August 28, 1991, and December 31, 1991, in the total amount of four hundred thousand dollars. The assessment of each such insurer, health services corporation and health maintenance organization shall be proportionate to the amount of premiums or enrollment fees received in this state by the insurer, health services corporation or health maintenance organization during calendar year 1990, is to the total amount of premiums and enrollment fees received in this state by all such entities during calendar year 1990.
2. The director may make an assessment between August 28, 1993, and June 30, 1994, of each insurer, health services corporation and health maintenance organization to provide a minimum balance in the insurance examiners fund. The total amount of all assessments made pursuant to this subsection shall not exceed four hundred thousand dollars. Such assessments shall be proportionate to the amount of premiums or enrollment fees received by such insurer, health services corporation, or health maintenance organization during the calendar year 1992 to the total amount of premiums and enrollment fees received in this state by all such entities during calendar year 1992, except that the total amount of all assessments on each insurer, health services corporation or health maintenance organization shall be at least two hundred fifty dollars and shall not exceed two thousand dollars.
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(L. 1991 H.B. 385, et al. § 1, A.L. 1993 H.B. 709)