Chapter 434 Contracts Against Public Policy

434.303 - Attorney general may bring action, when — recovery procedures.

Steven Groce, Attorney Advertisement

1.Whenever it appears that any individual or entity is engaged or is about to engage in any act or practice which is in violation of section 434.301, the attorney general may bring an action in the circuit court having venue to enjoin such act or practice, and upon a proper showing, a temporary restraining order or a preliminary or permanent injunction shall be granted without bond.

2.The attorney general may seek the recovery authorized under section 434.302 on behalf of the benefit recipient or his or her heirs or beneficiaries and the state, and may exercise the investigative and enforcement powers authorized under chapter 407 to the attorney general and the attorney general may have such recovery of costs as authorized under chapter 407.

(L. 2014 H.B. 1217)

434.080 - Interrogatories.

In all suits under this chapter, the plaintiff may call upon the defendant to answer, on oath, any interrogatory touching the case in the manner and form prescribed by the rules of civil procedure, and if the defendant shall refuse to answer, the same shall be taken as confessed; but such answer shall not be admitted as evidence against such person in any criminal proceedings by indictment or by information.

(RSMo 1939 § 3397, A.L. 1953 p. 321)

Prior revisions: 1929 § 3010; 1919 § 5747; 1909 § 6628

434.090 - Action to be commenced in three months.

Any action for money or property brought under this chapter shall be commenced within three months from the time the right of action accrued, and not afterward.

(RSMo 1939 § 3400)

Prior revisions: 1929 § 3013; 1919 § 5750; 1909 § 6631

434.302 - Contract or agreement void, when — moneys paid to be returned for violation — action to enforce restitution, time limitation.

1.Any contract or agreement made in violation of section 434.301 is void.All sums paid to or collected by a pension assignee in violation of section 434.301 shall be returned by the pension assignee to the benefit recipient or his or her heirs or beneficiaries as restitution.

2.Any benefit recipient, his or her guardian or conservator, or heir or beneficiary may bring an action to enforce the restitution authorized under this section.

3.Notwithstanding any other provision of law to the contrary, any actions brought under this section must be commenced within five years after any individual or entity engages in any act or practice in violation of 434.301.

(L. 2014 H.B. 1217)

434.300 - Definitions.

For purposes of sections 434.300 to 434.303, the following terms shall mean:

(1)"Benefit recipient", the person who is the plan participant or authorized beneficiary under the plan entitled to receive a plan benefit;

(2)"Pension assignee", an individual or entity that has been assigned a plan benefit or portions of a plan benefit by the benefit recipient or that otherwise claims an interest in, or control over, a plan benefit or account to which a plan benefit has been deposited.The term "pension assignee" shall not include an individual who is a designated payee under a division of benefits order;

(3)"Plan", any retirement system established by the state of Missouri, any political subdivision, or instrumentality of the state for the purpose of providing plan benefits for elected or appointed public officials or employees of the state of Missouri, any political subdivision, or instrumentality of the state;

(4)"Plan benefit", the benefit amount payable from a plan, and includes any annuity, supplemental payment, or death benefit under the plan together with any supplemental payments from public funds to the benefit recipient.

(L. 2014 H.B. 1217)

434.100 - Construction contracts holding harmless a person's negligence or wrongdoing are void and contra to public policy, exceptions.

1.Except as provided in subsection 2 of this section, in any contract or agreement for public or private construction work, a party's covenant, promise or agreement to indemnify or hold harmless another person from that person's own negligence or wrongdoing is void as against public policy and wholly unenforceable.

2.The provisions of subsection 1 of this section shall not apply to:

(1)A party's covenant, promise or agreement to indemnify or hold harmless another person from the party's own negligence or wrongdoing or the negligence or wrongdoing of the party's subcontractors and suppliers of any tier;

(2)A party's promise to cause another person or entity to be covered as an insured or additional insured in an insurance contract;

(3)A contract or agreement between state agencies or political subdivisions or between such governmental agencies;

(4)A contract or agreement between a private person and such governmental entities for the use or operation of public property or a public facility;

(5)A contract or agreement with the owner of the public property for the construction, use, maintenance or operation of a private facility when it is located on such public property;

(6)A permit, authorization or contract with such governmental entities for the movement of property on the public highways, roads or streets of this state or any political subdivision;

(7)Construction bonds, or insurance contracts or agreements;

(8)An agreement containing a party's promise to indemnify, defend or hold harmless another person, if the agreement also requires the party to obtain specified limits of insurance to insure the indemnity obligation and the party had the opportunity to recover the cost of the required insurance in its contract price; provided, however, that in such case the party's liability under the indemnity obligation shall be limited to the coverage and limits of the required insurance; or

(9)Railroads regulated by the Federal Railroad Administration.

3.For the purposes of this section, "construction work" shall include, but not be limited to, the construction, alteration, maintenance or repair of any building, structure, highway, bridge, viaduct, or pipeline, or demolition, moving or excavation connected therewith, and shall include the furnishing of surveying, design, engineering, planning or management services, or labor, materials or equipment, in connection with such work.

4.The provisions of this section shall apply only to contracts or agreements entered into after August 28, 1999.

(L. 1999 H.B. 256)

434.304 - Actions under chapter 409 not prohibited.

Nothing in sections 434.301 to 434.303 shall prohibit any action permitted under chapter 409.

(L. 2014 H.B. 1217)

434.010 - Bonds, notes founded on gaming considerations, void.

All judgments by confession, conveyances, bonds, bills, notes and securities, when the consideration is money or property won at any game, gambling device, or by any bet or wager whatever, shall be void and may be set aside and vacated by any court of competent jurisdiction, upon suit brought for that purpose by the person so confessing, giving, entering into or executing the same, or by his executors or administrators or by any creditor, heir, devisee, purchaser or other person interested therein.

(RSMo 1939 § 3394, A.L. 1953 p. 321)

Prior revisions: 1929 § 3007; 1919 § 5744; 1909 § 6625

434.030 - Money lost at gaming recovered, how,

Any person who shall lose any money or property at any game, gambling device or by any bet or wager whatever, may recover the same by a civil action.

(RSMo 1939 § 3392, A.L. 1953 p. 321)

Prior revisions: 1929 § 3005; 1919 § 5742; 1909 § 6623

434.020 - Assignment not to affect defense.

The assignment of any bond, bill, note, judgment, conveyance or other security shall not affect the defense of the person executing or confessing the same.

(RSMo 1939 § 3395)

Prior revisions: 1929 § 3008; 1919 § 5745; 1909 § 6626

434.060 - Parents may recover minor's gaming losses.

If any minor shall lose any money or property at any game, gambling device, or by any bet or wager whatever, the parent or conservator of such minor may sue for and recover from the winner such money or property, or the value thereof, so lost by such minor.

(RSMo 1939 § 3396, A.L. 1953 p. 321, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 § 3009; 1919 § 5746; 1909 § 6627

434.040 - Heirs may have the remedy.

The heirs, executors, administrators, wife and creditors of the person losing, may have the same remedy against the winner as provided in section 434.030.

(RSMo 1939 § 3393, A.L. 1953 p. 321)

Prior revisions: 1929 § 3006; 1919 § 5743; 1909 § 6624

434.050 - Stakeholder liable.

Every stakeholder who shall knowingly receive any money or property, staked upon any betting declared gaming by the foregoing provisions, shall be liable to the party who placed such money or property in his hands, both before and after the determination of such bet; and the delivery of the money or property to the winner shall be no defense to any action brought by the losing party for the recovery thereof; provided, that no stakeholder shall be liable afterward unless a demand has been made of such stakeholder for the money or property in his possession, previous to the expiration of the time agreed upon by the parties for the determination of the bet or wager.

(RSMo 1939 § 3399)

Prior revisions: 1929 § 3012; 1919 § 5749; 1909 § 6630

434.301 - Transfer or assignment of rights prohibited — moneys and rights not subject to legal process — pension assignee prohibited from evading prohibitions.

1.The right of any person to a plan benefit shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under a plan shall be subject to execution, levy, attachment, garnishment, or other legal process.This section shall not prohibit the division or assignability of a plan benefit that is expressly authorized by law that establishes the plan or that is specifically applicable to the plan, including division of benefits orders and any legal process in furtherance of the collection of either a judgment or administrative order for child support or spousal support.

2.A pension assignee shall not use any device, scheme, transfer, or other artifice to evade the applicability and prohibition of this section, including the deposit of such plan benefits into a joint account with a pension assignee or the authorization to a pension assignee under a power of attorney or other instrument or document to access an account or otherwise obtain funds from an account to which plan benefits have been deposited.