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2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 214 - Cemeteries › Section 214.410 - Violation of law, penalty.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
• Effective - 01 Jan 2017, 2 histories, see footnote
214.410. Violation of law, penalty. —
1. Any cemetery operator who shall willfully violate any provisions of sections 214.270 to 214.410 for which no penalty is otherwise prescribed shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed five hundred dollars or shall be confined not more than six months or both.
2. Any cemetery operator who shall willfully violate any provision of section 214.320, 214.330, 214.335, 214.340, 214.360, 214.385, or 214.387 shall be deemed guilty of a class E felony and upon conviction thereof shall be fined a sum not to exceed ten thousand dollars or shall be confined not more than five years or both. This section shall not apply to cemeteries or cemetery associations which do not sell lots in the cemetery.
3. Any trustee who shall willfully violate any applicable provisions of sections 214.270 to 214.410 shall have committed an unsafe and unsound banking practice and shall be penalized as authorized by chapters 361 and 362. This subsection shall be enforced exclusively by the Missouri division of finance for state chartered institutions and the Missouri attorney general for federally chartered institutions.
4. Any person who shall willfully violate any provision of section 214.320, 214.330, 214.335, 214.340, 214.360 or 214.385 or violates any rule, regulation or order of the division may, in accordance with the regulations issued by the division, be assessed an administrative penalty by the division. The penalty shall not exceed five thousand dollars for each violation and each day of the continuing violation shall be deemed a separate violation for purposes of administrative penalty assessment. However, no administrative penalty may be assessed until the person charged with the violation has been given the opportunity for a hearing on the violation. Penalty assessments received shall be deposited in the endowed care cemetery audit fund created in section 193.265.
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(L. 1961 p. 538 § 15, A.L. 1990 H.B. 1079, A.L. 1994 S.B. 496 merged with S.B. 701, A.L. 2010 H.B. 1692, et al. merged with H.B. 2226, et al. merged with S.B. 754, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 214 - Cemeteries › Section 214.450 - Indian cemeteries, how established — trust fund authorized.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
• Effective - 28 Aug 1990
214.450. Indian cemeteries, how established — trust fund authorized. —
Any native American group which is comprised of persons who are members of an Indian organization recognized by the United States pursuant to P.L. 93-638; 95-608, which desires to secure a tribal or group burial ground or cemetery on lands owned by such group or tribe may designate any quantity of that land for that purpose, and such grounds shall be established, maintained, and held in perpetuity as burial grounds or cemeteries for the use and benefit of the descendents of the group or tribe making such a designation. Such group shall not be required to convey title to such lands to the county commission to be held in trust pursuant to section 214.090. Such group may establish a trust fund for the benefit of such cemeteries or burial grounds pursuant to section 214.140.
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(L. 1990 S.B. 625 § 1)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 214 - Cemeteries › Section 214.455 - Destruction or defacing any cemetery property, penalty.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
• Effective - 28 Aug 1990
214.455. Destruction or defacing any cemetery property, penalty. —
Every person who shall knowingly destroy, mutilate, disfigure, deface, injure, or remove any tomb, monument, or gravestone, or other structure placed in such cemetery or burial ground or place of burial of any human being, is guilty of a class A misdemeanor.
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(L. 1990 S.B. 625 § 2)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 214 - Cemeteries › Section 214.500 - Cemeteries acquired by a city at tax sales or as nuisances may be sold.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
• Effective - 28 Aug 2010
214.500. Cemeteries acquired by a city at tax sales or as nuisances may be sold. —
Any cemetery located in a city which has become the property of such city pursuant to section 214.205 or a public tax sale may be sold to another cemetery operator or a not-for-profit corporation which is unrelated to the previous cemetery operator.
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(L. 1997 H.B. 592 § 1 and .S.B. 58 § 1, A.L. 2010 H.B. 1692, et al. merged with H.B. 2226, et al. merged with S.B. 754)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 214 - Cemeteries › Section 214.504 - No liability for new cemetery operators, when — rights of holders of contracts for burial.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
• Effective - 28 Aug 2010
214.504. No liability for new cemetery operators, when — rights of holders of contracts for burial. —
Any cemetery operator who purchases a cemetery from a city pursuant to sections 214.500 to 214.516 shall not be liable for any wrongful interments or errors made in the sale of plots prior to the cemetery operator's purchase of the cemetery, nor shall such cemetery operator be liable for multiple ownership of plots sold by such cemetery operator due to a lack of adequate records in such cemetery operator's possession at the time of such cemetery operator's purchase of such cemetery from the city, provided the cemetery operator offers a plot of equal value for the interment, if such party can prove ownership of the right to bury a person by presenting a contract for the right to burial.
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(L. 1997 H.B. 592 § 2 merged with S.B. 58 § 2, A.L. 2010 H.B. 1692, et al. merged with H.B. 2226, et al. merged with S.B. 754)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 214 - Cemeteries › Section 214.508 - Previous cemetery owner liable, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
• Effective - 28 Aug 2010
214.508. Previous cemetery owner liable, when. —
Any cemetery operator who purchases a cemetery from a city shall not be held liable or responsible for any conditions existing or actions taken which occurred prior to the cemetery operator's purchase from such city; except that, the exemption provided in this section shall not relieve any previous owner or wrongdoer for their actions related to such cemetery.
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(L. 1997 H.B. 592 § 3 merged with S.B. 58 § 3, A.L. 2010 H.B. 1692, et al. merged with H.B. 2226, et al. merged with S.B. 754)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 214 - Cemeteries › Section 214.512 - New cemetery owner not liable for deficiencies, exception.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
• Effective - 28 Aug 2010
214.512. New cemetery owner not liable for deficiencies, exception. —
Any subsequent cemetery owner after a city shall be exempt from the provisions of section 214.325 and section 214.410 for any deficiency existing prior to such city's ownership; except that, such exemption shall not relieve any previous cemetery owners or wrongdoers from the provisions of such sections.
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(L. 1997 H.B. 592 § 4 merged with S.B. 58 § 4, A.L. 2010 H.B. 1692, et al. merged with H.B. 2226, et al. merged with S.B. 754)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 214 - Cemeteries › Section 214.516 - Registration as an endowed care cemetery, when — compliance with endowed care cemetery law required.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
• Effective - 28 Aug 2010
214.516. Registration as an endowed care cemetery, when — compliance with endowed care cemetery law required. —
Any cemetery owner subsequent to a city, regardless of whether such cemetery was previously registered as an endowed care cemetery, held itself out to be an endowed care cemetery or was a nonendowed care cemetery, shall comply with section 214.310 and register such cemetery as an endowed care cemetery as if it were a newly created cemetery with no interments at the time of such registration. Any contracts for the right of burial sold after compliance with section 214.310 and all subsequent action of a subsequent cemetery owner shall comply fully with the provisions of sections 214.270 to 214.410.
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(L. 1997 H.B. 592 § 5 merged with S.B. 58 § 5, A.L. 2010 H.B. 1692, et al. merged with H.B. 2226, et al. merged with S.B. 754)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 214 - Cemeteries › Section 214.550 - Scatter gardens, operation by churches maintaining religious cemeteries — maintenance of garden and records, duty of operator.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
Effective - 28 Aug 2010, 2 histories
214.550. Scatter gardens, operation by churches maintaining religious cemeteries — maintenance of garden and records, duty of operator. —
1. For purposes of this section, the following terms mean:
(1)
"Cremains"
, the remains of a human corpse after cremation;
(2)
"Operator"
, a church that owns and maintains a religious cemetery;
(3)
"Religious cemetery"
, a cemetery owned, operated, controlled, or managed by any church that has or would qualify for federal tax-exempt status as a nonprofit religious organization pursuant to Section 501(c) of the Internal Revenue Code as amended;
(4)
"Scatter garden"
, a location for the spreading of cremains set aside within a cemetery.
2. It shall be lawful for any operator of a religious cemetery adjacent to a church building or other building regularly used as a place of worship to establish a scatter garden for the purpose of scattering human cremains.
3. The operator of any religious cemetery containing a scatter garden shall maintain, protect, and supervise the scatter garden, and shall be responsible for all costs incurred for such maintenance, protection, and supervision. Such operator shall also maintain a record of all cremains scattered in the scatter garden that shall include the name, date of death, and Social Security number of each person whose cremains are scattered, and the date the cremains were scattered.
4. A scatter garden established pursuant to this section shall be maintained by the operator of the religious cemetery for as long as such operator is in existence. Upon dissolution of such operator, all records of cremains shall be transferred to the clerk of the city, town, or village in which the scatter garden is located, or if the scatter garden is located in any unincorporated area, to the county recorder.
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(L. 2002 H.B. 1148, A.L. 2010 H.B. 1692, et al. merged with H.B. 2226, et al. merged with S.B. 754)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 215 - State Housing › Section 215.020 - Commission established, members, qualifications, terms, quorum, compensation.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 215
• Effective - 03 Nov 1992, see footnote
215.020. Commission established, members, qualifications, terms, quorum, compensation. —
1. There is hereby created and established as a governmental instrumentality of the state of Missouri the "Missouri Housing Development Commission" which shall constitute a body corporate and politic.
2. The commission shall consist of the governor, lieutenant governor, the state treasurer, the state attorney general, and six members to be selected by the governor, with the advice and consent of the senate. The persons to be selected by the governor shall be individuals knowledgeable in the areas of housing, finance or construction. Not more than four of the members appointed by the governor shall be from the same political party. The members of the commission appointed by the governor shall serve the following terms: Two shall serve two years, two shall serve three years, and two shall serve four years, respectively. Thereafter, each appointment shall be for a term of four years. If for any reason a vacancy occurs, the governor, with the advice and consent of the senate, shall appoint a new member to fill the unexpired term. Members are eligible for reappointment.
3. Six members of the commission shall constitute a quorum. No vacancy in the membership of the commission shall impair the right of a quorum to exercise all the rights and perform all the duties of the commission. No action shall be taken by the commission except upon the affirmative vote of at least six of the members of the commission.
4. Each member of the commission appointed by the governor is entitled to compensation of fifty dollars per diem plus his reasonable and necessary expenses actually incurred in discharging his duties under sections 215.010 to 215.250.
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(L. 1969 H.B. 130 §§ 2 to 5, A.L. 1992 S.B. 676 Adopted by referendum, Proposition C, November 3, 1992)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 215 - State Housing › Section 215.034 - Housing trust fund created, purpose — funding — housing development commission, costs how paid, limitation — duties — fund exempt from lapse into general revenue.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 215
• Effective - 28 Aug 1994
215.034. Housing trust fund created, purpose — funding — housing development commission, costs how paid, limitation — duties — fund exempt from lapse into general revenue. —
1. The "Missouri Housing Trust Fund" is hereby established in the state treasury. At the conclusion of each fiscal year, the state treasurer shall allocate all moneys in the Missouri housing trust fund to the Missouri housing development commission for disbursement and investment as directed in this section. Moneys deposited in the fund shall include the designated funds received from the user fee established in section 59.319, money transferred from the Missouri housing development commission and any other amounts which may be received from grants, gifts, bequests, the state or federal government, or any other source. Moneys in the fund shall be used solely for the purposes established by sections 215.034 to 215.039.
2. All administrative costs of this program incurred by the Missouri housing development commission shall be paid from this fund, which costs annually shall not exceed two percent of the net annual revenues received into the fund.
3. In administering the Missouri housing trust fund, the Missouri housing development commission shall commit or expend the money annually deposited into the fund and all interest earned on the fund. All money annually deposited in and interest earned on the housing trust fund shall be expended solely for the purposes established in sections 215.034 to 215.039.
4. The unexpended balance existing in the fund at the end of any biennium year shall be exempt from the provisions of section 33.080 relating to the transfer of unexpended balances to the general revenue fund.
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(L. 1994 H.B. 1745 § 215.035)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 215 - State Housing › Section 215.036 - Housing trust fund to be used for loans or grants for assistance to low-income persons or families — eligible persons.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 215
• Effective - 28 Aug 1994
215.036. Housing trust fund to be used for loans or grants for assistance to low-income persons or families — eligible persons. —
1. Housing trust fund moneys shall be used to financially assist, in whole or in part by loans or grants, the development of housing stock and to provide housing assistance to persons and families with incomes at or below the levels described in subsections 2 and 3 of this section. At least fifty percent of the loan or grant funds awarded over each two-year period, coincident with the biennium described in section 33.080, shall be awarded for such activities and projects for residential occupancy by persons and families with incomes at or below the levels described in subsection 3 of this section.
2. Persons or families are eligible under this subsection if the household combined adjusted gross income is equal to or less than the following percentages of the median family income for the geographical area:
Size of Household
Percent of State or Geographic Area Family Median Income
One Person
35%
Two Persons
40%
Three Persons
45%
Four Persons
50%
Five Persons
54%
Six Persons
58%
Seven Persons
62%
Eight Persons
66%
­­As used in this section, the term
"geographical area"
shall be based upon the metropolitan area or county designated as an area by the federal Department of Housing and Urban Development under section 8 of the United States Housing Act of 1937, as amended, for purposes of determining fair market rental rates in which the residential unit is located, or the median family income for the state of Missouri, whichever is larger.
3. Persons or families are eligible under this subsection if the household combined adjusted gross income is equal to or less than the following percentages of the median family income for the geographic area in which the residential unit is located, or the median family income for the state of Missouri, whichever is larger:
Size of Household
Percent of State or Geographic Area Family Median Income
One Person
18%
Two Persons
20%
Three Persons
23%
Four Persons
25%
Five Persons
27%
Six Persons
29%
Seven Persons
31%
Eight Persons
33%
4. During each two-year period described in subsection 1 of this section, at least thirty percent of the funds dispersed under this act
*
shall be allocated to housing provider organizations which qualify as a "not-for-profit" organization as defined in chapter 355 or section 42(h)(5)(C) of the Internal Revenue Code of 1986.
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(L. 1994 H.B. 1745 § 215.036 subsecs. 1 to 4)
*"This act" (H.B. 1745, 1994) contained numerous sections. Consult Disposition of Sections table for a definitive listing.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 215 - State Housing › Section 215.037 - Rental project receiving loan or grant to charge required gross rental rate — gross rental rate to include utilities, occupant paying utilities, rent to be reduced by utility allowance — certification by owner, requirements.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 215
• Effective - 28 Aug 1994
215.037. Rental project receiving loan or grant to charge required gross rental rate — gross rental rate to include utilities, occupant paying utilities, rent to be reduced by utility allowance — certification by owner, requirements. —
1. Any rental project or development receiving a loan or grant under sections 215.036 to 215.038 shall charge gross rental rates no greater than thirty percent of the maximum eligible household income for the assisted unit, for a period of eighteen years following final disbursement, or for the length of the loan, whichever is greater, or for any longer period of time imposed by the Missouri housing development commission. Gross rent includes the cost of any utilities other than telephone. If any utilities are paid directly by the occupant, the maximum rent that may be paid by the occupant is to be reduced by a utility allowance prescribed by the Missouri housing development commission. The owner of units shall, as a condition of receiving assistance, cause to be incorporated into the property title a legal covenant restating the provisions of this subsection.
2. The owner of any assisted unit shall annually certify to the Missouri housing development commission that each grant or loan recipient is charging rental rates in compliance with sections 215.036 to 215.038. The Missouri housing development commission may prescribe annual owner compliance forms and is authorized, in its discretion, to audit the records and accounts of the owner to verify the certification.
3. The owner of any assisted unit shall annually certify to the Missouri housing development commission that all tenants renting units from a project or development receiving a loan or grant under sections 215.036 to 215.038 are income eligible pursuant to sections 215.036 to 215.038. The Missouri housing development commission may prescribe annual owner compliance forms and is authorized, in its discretion, to audit the records and accounts of the owner to verify the certification.
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(L. 1994 H.B. 1745 § 215.036 subsecs. 5, 6, 7)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 215 - State Housing › Section 215.038 - Projects eligible for assistance.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 215
• Effective - 28 Aug 1994
215.038. Projects eligible for assistance. —
The following are projects eligible for assistance under sections 215.034 to 215.039:
(1) Limited equity cooperatives in multifamily units, which shall be considered rental housing, and the monthly cooperative fee shall be considered the rental rate, or detached units, in urban, rural, or suburban areas;
(2) Rent subsidies for newly constructed units or rehabilitated multifamily units otherwise assisted under this act
*
;
(3) Rent subsidies for existing units which are not in violation of municipal or county housing codes;
(4) Capacity building grants for not-for-profit housing corporations, as defined in subsection 4 of section 215.036, where the recipient serves a rural area and has been involved in housing construction, rehabilitation or services of the nature described in section 215.036 for less than four years;
(5) Matching funds for social services directly related to special needs tenants in assisted projects;
(6) Infrastructure improvement for eligible projects;
(7) New construction of permanent rental housing;
(8) Rehabilitation of vacant rental houses, or vacant multifamily units;
(9) New construction or rehabilitation of single-room occupancy units;
(10) New construction or rehabilitation of single-family housing;
(11) Shelters and related services for the homeless;
(12) Emergency aid such as temporary rental and mortgage payment and repairs to prevent homelessness;
(13) Provisions for rental housing for elderly and low-income residents of rural areas of Missouri by the Farmers Home Administration, or its successor agency;
(14) Mortgage insurance guarantees or payments for eligible projects; and
(15) Housing related services, including, but not limited to, home maintenance programs.
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(L. 1994 H.B. 1745 § 215.036 subsec. 8)
*"This act" (H.B. 1745, 1994) contained numerous sections. Consult Disposition of Sections table for a definitive listing.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 215 - State Housing › Section 215.039 - Housing development commission, powers and duties in administering housing trust fund — report.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 215
• Effective - 28 Aug 1994
215.039. Housing development commission, powers and duties in administering housing trust fund — report. —
1. In administering the Missouri housing trust fund, the Missouri housing development commission may, in its discretion, enter into agreements with municipal or county government entities for the purpose of assisting programs of activities of such entities that meet the purposes of the Missouri housing trust fund established in sections 215.034 to 215.039.
2. The Missouri housing development commission is hereby granted all powers necessary to carry out the purposes of sections 215.034 to 215.039, including the authority to write rules and regulations pursuant to section 215.030 and chapter 536.
3. The Missouri housing development commission shall publish an annual report which shall include, but not be limited to, the types of projects assisted and fund expenditures made by the Missouri housing trust fund. Copies of such annual reports shall be submitted to the governor and the members of the general assembly on or before January fifteenth of each year.
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(L. 1994 H.B. 1745 § 215.038)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 215 - State Housing › Section 215.040 - Fees for insuring loans, use of proceeds.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 215
• Effective - 28 Aug 1969
215.040. Fees for insuring loans, use of proceeds. —
The commission shall charge a reasonable fee on all loans not federally insured to insure said loans. The proceeds of said fees shall be deposited in a separate fund to be known as the "Housing Insured Loan Fund". This fund shall be deposited when received in a bank approved for deposit of state funds. No moneys shall be withdrawn from the fund except to be used for the purchase of mortgage insurance or to pay for any losses on said loans.
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(L. 1969 H.B. 130 § 7)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 215 - State Housing › Section 215.060 - Loans made, purchased, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 215
• Effective - 28 Aug 1993
215.060. Loans made, purchased, when. —
1. The commission may make mortgage loans for the construction and rehabilitation of such residential housing as in the judgment of the commission has promise of supplying well-planned, well-designed housing for low and moderate income persons or families in locations where there is a need for such housing. Such loans may include interim as well as permanent loans, and the housing may include ancillary commercial and other appurtenant facilities to the extent permitted by applicable commission regulations.
2. The commission may make loans to approved mortgagors which may develop and operate residential housing projects under sections 215.010 to 215.250 on a rental, cooperative or condominium basis.
3. The commission may make or purchase low interest loans to approved mortgagors in connection with weatherization of single family and multifamily dwellings.
4. The commission shall establish a program to make loans to approved mortgagors for the purchase and development of owner-occupied multiunit dwellings of not more than four units and other residential rental property located within one-fourth of a mile from the residence of the owner of such residential rental property.
5. All single family and multifamily dwellings constructed under section 215.030 shall be built according to weatherization standards established by the Missouri housing development commission in consultation with the department of natural resources.
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(L. 1969 H.B. 130 §§ 10, 11, A.L. 1974 H.B. 1190, A.L. 1982 H.B. 1501, A.L. 1985 H.B. 484, A.L. 1993 H.B. 566)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 215 - State Housing › Section 215.062 - Weatherization loan program, commission to continue.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 215
• Effective - 18 Jun 1991, see footnote
215.062. Weatherization loan program, commission to continue. —
The Missouri housing development commission, or its successor agency, shall continue to implement the home improvement and weatherization loan program which was in effect prior to June 18, 1991. The commission may contract with local political subdivisions and nonprofit organizations pursuant to criteria developed by the commission to further the goals of the home improvement and weatherization loan program.
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(L. 1991 S.B. 185 § 2)
Effective 6-18-91
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 215 - State Housing › Section 215.070 - Debt service reserve fund — deposits to — investment of.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 215
• Effective - 28 Aug 1985
215.070. Debt service reserve fund — deposits to — investment of. —
The commission may establish a special fund to be known as the "Debt Service Reserve Fund", and shall pay into such debt service reserve fund:
(1) Any moneys appropriated and made available by the state for the purposes of such fund;
(2) Any proceeds from the sale of bonds by the commission, to the extent provided in the resolution of the commission authorizing the issuance thereof; and
(3) Any other moneys which may be made available to the commission for the purpose of such fund from any other source or sources.
­­All moneys held in the debt service reserve fund shall be invested in accordance with subdivision (9) of section 215.030 and as the commission may by resolution determine.
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(L. 1969 H.B. 130 § 12, A.L. 1972 H.B. 1259, A.L. 1974 H.B. 1190, A.L. 1975 H.B. 949, A.L. 1985 H.B. 484)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 215 - State Housing › Section 215.080 - Commission to set interest rate.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 215
• Effective - 28 Aug 1969
215.080. Commission to set interest rate. —
The commission may set from time to time the interest rates at which it shall make loans, keeping its interest rates at the lowest level consistent with the commission's cost of operation and its responsibilities to the holders of its bonds, bond anticipation notes and other responsibilities.
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(L. 1969 H.B. 130 § 13)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 215 - State Housing › Section 215.090 - Limited dividend approved — mortgagor's earnings limited — net earnings, how computed.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 215
• Effective - 28 Aug 1989
215.090. Limited dividend approved — mortgagor's earnings limited — net earnings, how computed. —
With respect to an approved mortgagor which is a limited dividend corporation, the net earnings of such approved mortgagor shall be limited to an amount not to exceed a percentage per annum established by the commission of such approved mortgagor's equity in a development. The equity in a development shall consist of the difference between the amount of the mortgage loaned and the project cost or the difference between the mortgage as reduced by payment to principal and the project cost. The commission shall at the time of establishing such percentage consider such factors as financial risk, location of the development, proposed use of the residential facilities and management cost. The equity in any development may be increased by the actual cost of capital improvements approved by the commission and by reduction of the mortgage in payment to principal. Any acceleration of payment to principal shall be subject to prior approval of the commission. With respect to every development the commission shall, pursuant to rules and regulations adopted by it, establish such approved mortgagor's initial equity at the time of making the final mortgage advance. Such net earnings shall be computed after deducting from gross earnings the following:
(1) All costs and expenses of maintenance and operation;
(2) Amounts paid for taxes, assessments, insurance premiums and other similar charges;
(3) Amounts paid annually by the approved mortgagor to principal and interest on the mortgage note or notes then outstanding.
­­The development plan may contain provisions, satisfactory to the commission that any surplus earnings in excess of the rate of net earnings provided in sections 215.010 to 215.250 may be held by the corporation as a reserve for maintenance of such rate of return in the future and may be used by the corporation to offset any deficiency in such rate of return which may have occurred in prior years; or may be used to accelerate the amortization payments; or for the enlargement of the project; or for reduction in rentals therein; provided, that any excess of such surplus earnings remaining at the termination of the loan shall be turned over by the corporation to the commission.
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(L. 1969 H.B. 130 § 14, A.L. 1974 H.B. 1190, A.L. 1985 H.B. 484, A.L. 1989 S.B. 167)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 215 - State Housing › Section 215.100 - Commission to regulate amortization period.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 215
• Effective - 28 Aug 1969
215.100. Commission to regulate amortization period. —
The ratio of loan to project cost and the amortization period of loans made by the commission shall be determined in accordance with regulations formulated and published by the commission.
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(L. 1969 H.B. 130 § 15)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 215 - State Housing › Section 215.110 - Discrimination prohibited.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 215
• Effective - 28 Aug 1969
215.110. Discrimination prohibited. —
The commission shall require that occupancy of all housing financed or otherwise assisted under sections 215.010 to 215.250 be open to all persons regardless of race, national origin, religion, or creed, and that contractors and subcontractors engaged in the construction or rehabilitation of such housing shall provide equal opportunity for employment, without discrimination as to race, national origin, religion or creed.
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(L. 1969 H.B. 130 § 16)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 215 - State Housing › Section 215.120 - Issuance of bonds or notes authorized.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 215
• Effective - 28 Aug 1969
215.120. Issuance of bonds or notes authorized. —
1. The commission may from time to time issue its negotiable revenue bonds or notes in such principal amount, as, in the opinion of the commission, shall be necessary to provide sufficient funds for achieving its corporate purposes, including the making of mortgage loans for residential housing to be occupied by low and moderate income persons; for the rehabilitation of existing structures so occupied; for the construction of residential housing and appurtenant community facilities as provided in sections 215.010 to 215.250; for establishment of reserves to secure such bonds and notes; and all other expenditures of the commission incident to and necessary to carry out its corporate purposes and powers.
2. The commission may from time to time issue renewal notes, issue bonds to pay such notes, and whenever it deems refunding expedient, to refund any bonds by the issuance of new bonds, whether the bonds to be refunded have or have not matured, and to issue bonds partly to refund bonds then outstanding and partly for any other purpose. The refunding bonds shall be sold and the proceeds applied to the purchase, redemption or payment of the bonds to be refunded.
3. The notes and bonds issued under sections 215.010 to 215.250 shall be authorized by resolution of the members of the commission, shall bear such date or dates, and shall mature at such time or times, in the case of any note, or any renewal thereof, not exceeding twenty years, from the date of issue of such original note, and in the case of any bond not exceeding fifty years from the date of issue, as the resolution may provide. The notes and bonds shall bear interest at such rate, be in such denominations, be in such form, either coupon or registered, carry such registration privileges, be executed in such manner, be payable in such medium of payment, at such place or places and be subject to such terms of redemption as such resolution or resolutions may provide. The notes and bonds of the commission may be sold by the commission, at public or private sale, at such price or prices as the commission shall determine.
4. The state shall not be liable on notes or bonds of the commission and such notes and bonds shall not be a debt of the state, and such notes and bonds shall contain on the face thereof a statement to such effect.
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(L. 1969 H.B. 130 §§ 17 to 20)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 215 - State Housing › Section 215.130 - Resolution authorizing issue of bonds or notes may provide what.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 215
• Effective - 28 Aug 1969
215.130. Resolution authorizing issue of bonds or notes may provide what. —
A resolution of the commission authorizing the issuance of any notes or bonds or any issue thereof under sections 215.010 to 215.250 may provide for:
(1) Pledging all or any part of the fees and charges made or received by the commission and all or any part of the moneys received in payment of mortgage loans and interest thereon and other moneys received or to be received, to secure the payment of the notes or bonds or of any issue thereof, and subject to such agreements with bondholders or noteholders as may then exist;
(2) Pledging all or any part of the revenue of the commission, including payments or income from mortgages or obligations owned or held by the commission, to secure the payment of notes or bonds issued under sections 215.010 to 215.250 or of any issue of such notes or bonds, subject to such agreements with noteholders or bondholders as may then exist;
(3) Pledging of any loan, grant, or contribution from the federal, state, or local government, if authorized by the terms of such loan, grant or contribution;
(4) The use and disposition of the gross income from mortgages owned by the commission and payment of principal of mortgages owned by the commission;
(5) The setting aside of reserves or sinking funds and the regulation and disposition thereof;
(6) Limitations on the purpose to which the proceeds of sale of notes or bonds may be applied and pledging such proceeds to secure the payment of the notes or bonds or of any issue thereof;
(7) Limitations on the issuance of additional notes or bonds; the terms upon which additional notes or bonds may be issued and secured and the refunding of outstanding or other notes or bonds;
(8) The procedure, if any, by which the terms of any contract with noteholders or bondholders may be amended or abrogated, the amount of notes or bonds the holders of which must consent thereto and the manner in which such consent may be given;
(9) Vesting in a trustee or trustees such property, rights, powers and duties in trust as the commission may determine, which may include any or all of the rights, powers and duties of the trustee appointed by the bondholders pursuant to sections 215.010 to 215.250 and limiting or abrogating the right of the bondholders to appoint a trustee or limiting the rights, powers and duties of such trustee;
(10) Any other matters of like or different character, which in any way affect the security or protection of the notes or bonds issued by the commission.
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(L. 1969 H.B. 130 § 21)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 215 - State Housing › Section 215.140 - Commission members not personally liable on notes or bonds.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 215
• Effective - 28 Aug 1969
215.140. Commission members not personally liable on notes or bonds. —
No member of the commission or any authorized person executing the notes or bonds shall be liable personally on the notes or bonds or be subject to any personal liability or accountability by reason of the issuance thereof.
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(L. 1969 H.B. 130 § 22)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 215 - State Housing › Section 215.150 - Redemption of notes and bonds.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 215
• Effective - 28 Aug 1969
215.150. Redemption of notes and bonds. —
The commission, subject to the terms of any agreements with noteholders or bondholders as may then exist, shall have power out of any funds available therefor and not otherwise committed, to purchase notes or bonds of the commission which shall thereupon be cancelled at a price not exceeding: (a) if the notes or bonds are redeemable, the redemption price then applicable plus accrued interest to the next interest payment date thereon, or (b) if the notes or bonds are not then redeemable, the redemption price applicable on the first date after such purchase upon which the notes or bonds become subject to redemption plus accrued interest to such date.
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(L. 1969 H.B. 130 § 23)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 215 - State Housing › Section 215.160 - Indebtedness limited, exception.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 215
• Effective - 28 Aug 1985
215.160. Indebtedness limited, exception. —
The commission shall not have outstanding at any one time bonds and notes for any of its purposes in an aggregate principal amount exceeding two hundred million dollars, excluding bonds and notes issued to refund outstanding bonds and notes; provided, however, that the limitation contained in this section shall not apply to any bonds or notes of the commission which are secured, directly or indirectly, by first mortgage loans which have been insured or guaranteed by an agency or instrumentality of the United States, or any bonds or notes of the commission which at the time of issuance are rated not lower than "Aa" by Moody's Investors Service, Inc., in the case of long-term obligations or rated Moody's "Investment Grade I" by Moody's Investors Service, Inc., in the case of short-term obligations; or rated not lower than "AA" by Standard & Poor's Corporation in the case of long-term obligations or rated "SP-1+" by Standard & Poor's Corporation in the case of short-term obligations, or the equivalent ratings by Moody's Investors Service, Inc., or Standard & Poor's Corporation in the event the ratings described in this section are changed.
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(L. 1969 H.B. 130 § 24, A.L. 1974 H.B. 1190, A.L. 1985 H.B. 484)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 215 - State Housing › Section 215.170 - Default, trustee appointed when, powers of trustee.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 215
• Effective - 28 Aug 1969
215.170. Default, trustee appointed when, powers of trustee. —
1. If the commission defaults in the payment of principal or interest on any issue of notes or bonds after the same shall become due, whether at maturity or upon call for redemption, and such default continues for a period of thirty days or if the commission fails or refuses to comply with the provisions of sections 215.010 to 215.250, or defaults in any agreement made with the holders of any issue of notes or bonds, the holders of twenty-five percent in aggregate principal amount of the notes or bonds of such issue then outstanding may appoint a trustee to represent the holders of such notes or bonds for the purposes set forth in this section and sections 215.180 and 215.190.
2. The trustee appointed pursuant to subsection 1 may, and upon written request of the holders of twenty-five percent in principal amount of such notes or bonds then outstanding shall, in his own name:
(1) Enforce all rights of the noteholders or bondholders including the right to require the commission to collect fees and charges and interest and amortization payments on mortgage loans made by it adequate to carry out any agreement as to, or pledge of, such fees and charges and interest and amortization payments of such mortgages and other properties, and to require the commission to carry out any other agreements with the holders of such notes or bonds and to perform its duties under sections 215.010 to 215.250;
(2) Bring suit upon such notes or bonds;
(3) Require the commission to account as if it were the trustee of an express trust for the holders of such notes or bonds;
(4) Enjoin any acts or things which may be unlawful or in violation of the rights of the holders of such notes or bonds; or
(5) Declare all such notes or bonds due and payable; and if all defaults shall be made good, then, with the consent of the holders of twenty-five percent of the principal amount of such notes or bonds then outstanding, to annul such declaration and its consequences.
3. In addition to the powers granted in subsections 1 and 2 the trustee shall have and possess all of the powers necessary or appropriate for the exercise of any functions specifically set forth herein or incident to the general representation of bondholders and noteholders in the enforcement and protection of their rights.
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(L. 1969 H.B. 130 §§ 25, 26, 27)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 215 - State Housing › Section 215.180 - Venue of action, notice, how given.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 215
• Effective - 28 Aug 1969
215.180. Venue of action, notice, how given. —
The venue of any action or proceeding brought by the trustee under section 215.170 shall be in Cole County. Before declaring the principal of notes or bonds due and payable, the trustee shall first give thirty days' notice in writing to the governor, to the commission and to the attorney general of the state of Missouri.
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(L. 1969 H.B. 130 § 28)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 215 - State Housing › Section 215.190 - Notes and bonds, approved securities.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 215
• Effective - 28 Aug 1969
215.190. Notes and bonds, approved securities. —
The notes and bonds of the commission are securities in which all public officers and bodies of this state and all municipalities and municipal subdivisions, all insurance companies and associations, and other persons carrying on an insurance business, all banks, trust companies, savings associations, savings and loan associations, investment companies, all administrators, guardians, executors, trustees, and other fiduciaries, and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the state, may properly and legally invest funds, including capital, in their control or belonging to them.
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(L. 1969 H.B. 130 § 29)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 215 - State Housing › Section 215.200 - Property and obligations of commission tax exempt.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 215
• Effective - 28 Aug 1969
215.200. Property and obligations of commission tax exempt. —
The commission shall not be required to pay any taxes and assessments to the state of Missouri, or any county, municipality or other governmental subdivision of the state of Missouri, upon any of its property or upon its obligations or other evidences of indebtedness pursuant to the provisions of sections 215.010 to 215.250, or upon any moneys, funds, revenues or other income held or received by the commission, and the notes and bonds of the commission and the income therefrom shall at all times be exempt from taxation, as aforesaid, except for death and gift taxes, taxes on transfers, sales taxes, real property taxes and business and occupation taxes.
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(L. 1969 H.B. 130 § 30)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 215 - State Housing › Section 215.210 - Services commission may provide for nonprofit corporations.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 215
• Effective - 28 Aug 1969
215.210. Services commission may provide for nonprofit corporations. —
The commission is authorized to provide to nonprofit corporations such advisory, consultative, training and education services as will assist them to become owners of housing constructed or rehabilitated under sections 215.010 to 215.250. Advisory and education services may include, but are not necessarily limited to, technical and professional planning assistance, the preparation and promulgation of organizational planning and development outlines and guides, consultation services, training courses, seminars and lectures, the preparation and dissemination of newsletters and other printed materials and the services of field representatives. The commission is also authorized to provide nonprofit corporations with advisory, consultative, technical, training and educational services in the management of residential housing, including but not limited to home management and training and advisory services for the residents so as to promote efficient and harmonious management thereof.
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(L. 1969 H.B. 130 § 31)