FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 542.040 — MO Code / Chapter 542 / Section 542.040
542.040 Proceedings before associate circuit judge — jury — verdict — recognizance ...
Status: in_force

542.040. Proceedings before associate circuit judge — jury — verdict — recognizance — costs. — Upon such person being brought before such associate circuit judge, the associate circuit judge shall summon all witnesses which either party may require, and cause the matters charged in the complaint to be inquired into by a jury of six competent citizens. If the jury find that there is good reason to fear the commission of the offense charged, then they shall render a verdict of guilty against the defendant, and the associate circuit judge thereupon shall require the defendant to enter into a recognizance in such sum, not exceeding one thousand dollars, as he shall direct, with one or more sufficient sureties, conditioned that the defendant will keep the peace toward the people of the state, and particularly toward the complainant, for such time as shall be specified in said recognizance, which shall be not less than three months nor more than one year from the date thereof; and the defendant shall be liable for costs as in other cases of conviction.

(RSMo 1939 § 3793, A. 1949 H.B. 2138) Prior revisions: 1929 § 3403; 1919 § 3748; 1909 § 4956 CROSS REFERENCE: Recognizance taken in open court to be entered on minutes, other recognizances, 544.050
Mo. Rev. Stat. § 407.840 — MO Code / Chapter 407 / Section 407.840
407.840 Dealership agreement, termination — cancellation — failure to renew to be ...
Status: in_force

407.840. Dealership agreement, termination — cancellation — failure to renew to be based on good cause — good cause defined. — No farm equipment manufacturer, directly or through any officer, agent or employee may terminate, cancel or fail to renew a dealership agreement or substantially change the competitive circumstances of a farm equipment dealership without good cause. Good cause means failure by a farm equipment dealer to substantially comply with essential and reasonable requirements imposed upon the dealer by the dealership agreement if such requirements are not different from those requirements imposed on other similarly situated dealers either by their terms or in the manner of their enforcement. In addition, good cause shall exist whenever:

(1) The farm equipment dealer has transferred an interest in the farm equipment dealership without the manufacturer's written consent, or there has been a withdrawal from the dealership of an individual proprietor, partner, major shareholder, or the manager of the dealership, or there has been a substantial reduction in interest of a partner or major stockholder without the written consent of the manufacturer;

(2) The farm equipment dealer has filed a voluntary petition in bankruptcy or has had an involuntary petition in bankruptcy filed against it which has not been discharged within thirty days after the filing, or there has been a closeout or sale of a substantial part of the dealer's assets related to the farm equipment dealership or there has been a commencement or dissolution or liquidation of the farm equipment dealership;

(3) There has been a change, without the prior written approval of the manufacturer, in the location of the dealer's principal place of business under the dealership agreement;

(4) The farm equipment dealer has defaulted under any chattel mortgage or other security agreement between the dealer and the farm equipment manufacturer, or there has been a revocation or discontinuance of any guarantee of the dealer's present or future obligations to the farm equipment manufacturer;

(5) The farm equipment dealer has failed to operate in the normal course of business for seven consecutive days or has otherwise abandoned his * business;

(6) The farm equipment dealer has pleaded guilty to or has been convicted of a felony affecting the relationship between the dealer and manufacturer;

(7) The dealer has engaged in conduct which is injurious or detrimental to the dealer's customers or to the public welfare;

(8) The farm equipment dealer has consistently failed to meet the manufacturer's requirements for reasonable market penetration based on the manufacturer's experience in other comparable marketing areas.

(L. 1987 S.B. 35) *Word "its" appears in original rolls.
Mo. Rev. Stat. § 523.250 — MO Code / Chapter 523 / Section 523.250
523.250 Notice of intended acquisition — mailing requirements.
Status: in_force

523.250. Notice of intended acquisition — mailing requirements. — 1. At least sixty days before filing of a condemnation petition seeking to acquire an interest in real property, the condemning authority shall provide the owner of record of such property with a written notice concerning the intended acquisition. Such notice shall include:

(1) Identification of the interest in real property to be acquired and a statement of the legal description or commonly known location of the property;

(2) The purpose or purposes for which the property is to be acquired;

(3) A statement that the property owner has the right to:

(a) Seek legal counsel at the owner's expense;

(b) Make a counteroffer and engage in further negotiations;

(c) Obtain such owner's own appraisal of just compensation;

(d) Have just compensation determined preliminarily by court-appointed condemnation commissioners and, ultimately, by a jury;

(e) Seek assistance from the office of the ombudsman for property rights created under section 523.277 ;

(f) Contest the right to condemn in the condemnation proceeding; and

(g) Exercise the rights to request vacation of an easement under the procedures and circumstances provided for in section 527.188 . An owner may waive the requirements of this subsection prescribed above in a writing executed by the owner.

2. The written notice required by this section shall be deposited in the United States mail, certified or registered, and with postage prepaid, addressed to the owner of record as listed in the office of the city or county assessor for the city or county in which the property is located. The receipt issued to the condemning authority by the United States Post Office for certified or registered mail shall constitute proof of compliance with this notice requirement; provided, however, that nothing in this section shall preclude a condemning authority from proving compliance with this notice requirement by other competent evidence.

(L. 2006 H.B. 1944)
Mo. Rev. Stat. § 361.092 — MO Code / Chapter 361 / Section 361.092
361.092 State banking and savings and loan board created.
Status: in_force

361.092. State banking and savings and loan board created. — There is hereby created a "State Banking and Savings and Loan Board" which shall have such powers and duties as are conferred upon it by law. The state banking and savings and loan board with all of its powers, duties, and functions is assigned by type III transfer under the authority of the Omnibus State Reorganization Act of 1974 to the department of commerce and insurance.

(L. 1955 p. 263 § 1, A.L. 1967 p. 445, A.L. 2008 S.B. 788, A.L. 2011 H.B. 464)
Mo. Rev. Stat. § 319.010 — MO Code / Chapter 319 / Section 319.010
319.010 Short title.
Status: in_force

319.010. Short title. — Sections 319.010 through 319.050 shall be known as the "Underground Facility Safety and Damage Prevention Act".

(L. 1976 S.B. 583 § 1)
Mo. Rev. Stat. § 407.1610 — MO Code / Chapter 407 / Section 407.1610
407.1610 Speculative accumulation of asphalt shingles prohibited.
Status: in_force

*407.1610. Speculative accumulation of asphalt shingles prohibited. — It shall be unlawful for any person or entity to engage in the speculative accumulation of asphalt roofing shingles in any city not within a county. For the purposes of this section, the term "speculative accumulation" means the collection or storage of asphalt shingles without a showing that, during a calendar year, at least seventy-five percent of the material accumulated during the year, either by weight or by volume, will be recycled for other use.

(L. 2014 S.B. 672) *Revisor's Note: This section was declared unconstitutional in Calzone v. Koster, et al., see 2016 annotation below. (2016) Provisions of S.B. 672 from 2014 declared unconstitutional as violating the single subject rule of Article III, § 23; under the facts presented, those provisions cannot be severed and the bill is unconstitutional in its entirety. Calzone v. Koster, et al., Case No. 15AC-CC00247 (Cole County Cir. Ct., Feb. 9, 2016).
Mo. Rev. Stat. § 70.665 — MO Code / Chapter 70 / Section 70.665
70.665 Death of retirant prior to receiving benefits equal to his contributions, ...
Status: in_force

70.665. Death of retirant prior to receiving benefits equal to his contributions, balance to his nominee or estate. — In the event a retirant dies before he has received in allowance payments an aggregate amount equal to his accumulated contributions standing to his credit in the members deposit fund at the time of his retirement, the difference between such accumulated contributions and such aggregate amount of allowance payments received by him shall be paid to such person as he shall have nominated by written designation duly executed and filed with the board. If there be no such designated person surviving such retirant, such difference, if any, shall be paid to the retirant's estate. In no case shall any benefits be paid under this section on account of the death of a retirant if any allowance becomes payable by the system on account of his death.

(L. 1967 p. 141 § 14)
Mo. Rev. Stat. § 196.265 — MO Code / Chapter 196 / Section 196.265
196.265 Penalty for violation.
Status: in_force

196.265. Penalty for violation. — Any person who shall fail, or refuse, to obey any order of the director of the department of health and senior services to close any place, or places, mentioned in section 196.240 , or who shall exhibit or expose for sale in any show window upon any sidewalk, any vegetables or other articles or commodities whatsoever intended for human food, in violation of any order of the director, or who shall, in any way, resist or interfere with the director in the enforcement of sections 196.190 to 196.265 , or any order of the director made pursuant to the authority of this law, shall be deemed guilty of a misdemeanor.

(RSMo 1939 § 9904) Prior revisions: 1929 § 13055; 1919 § 5701
Mo. Rev. Stat. § 526.160 — MO Code / Chapter 526 / Section 526.160
526.160 To operate as release of errors.
Status: in_force

526.160. To operate as release of errors. — Every such injunction shall operate as a release of all errors in the proceedings that are prayed to be enjoined.

(RSMo 1939 § 1670) Prior revisions: 1929 § 1506; 1919 § 1956; 1909 § 2521
Mo. Rev. Stat. § 630.194 — MO Code / Chapter 630 / Section 630.194
630.194 Professional review committee to review proposals, make report and ...
Status: in_force

630.194. Professional review committee to review proposals, make report and recommendations — director to approve or disapprove — to review work in progress. — 1. Persons seeking to initiate any research in residential facilities or day programs funded, operated or licensed by the department shall submit their research proposals to the professional review committee for review. The committee shall prepare a report, which shall be available to the general public, of each research proposal it reviews, stating its finding and conclusions, and recommending either approval or disapproval of the project to the director. The director shall state his decision in writing and the decision shall be final.

2. The committee shall review the conduct of the research during the progress of the project. If during the research, harm or increased risk of harm to participants occurs, or if deviations in research protocol occur without approval of the committee, the committee shall investigate the project. The committee shall suspend or halt the project if deemed appropriate to prevent harm or the increased risk of harm.

3. The professional review committee shall review each biomedical or pharmacological research proposal according to, but not restricted to, the following criteria:

(1) Need for the research;

(2) Methodological adequacy;

(3) Duplication with other projects;

(4) Sufficiency of scientific and theoretical justification;

(5) Competence of the researcher;

(6) Funding sufficiency;

(7) Weighing risks against potential benefits;

(8) Appropriateness of subject population;

(9) Adequacy of consent information.

4. If the committee believes it lacks sufficient expertise in the subject area of the proposed research, it may obtain outside experts to review the project and recommend disposition.

(L. 1980 H.B. 1724)
Mo. Rev. Stat. § 173.242 — MO Code / Chapter 173 / Section 173.242
173.242 Recipient of scholarship may postpone college for two semesters to ...
Status: in_force

173.242. Recipient of scholarship may postpone college for two semesters to participate in the National Guard without losing eligibility, requirements. — 1. Any recipient of a scholarship awarded under this chapter may postpone attendance at an approved public or private institution and enter Missouri National Guard service or participate in Missouri National Guard programs for a period not to exceed two semesters without losing eligibility for the scholarship; provided that the recipient returns to attendance in the semester immediately after such service or participation ends and no later than the semester immediately following the end of the eligibility period established in this subsection.

2. To retain scholarship eligibility, the recipient shall:

(1) Notify the institution currently attended, or the institution to be attended in the case of a new enrollment, prior to the beginning of the first semester which the student will not attend the institution and for which the student intends to retain scholarship eligibility under this section;

(2) Provide to the institution, prior to the beginning of the semester the recipient intends to return to attendance at the institution, a certificate of satisfactory service or written confirmation of participation from his or her commanding officer; and

(3) Comply with all other applicable scholarship eligibility requirements established under law, rule or policy not in conflict with postponement of attendance pursuant to subsection 1 of this section.

(L. 1995 S.B. 207 merged with S.B. 385)
Mo. Rev. Stat. § 552.015 — MO Code / Chapter 552 / Section 552.015
552.015 Evidence of mental disease or defect, admissible, when.
Status: in_force

552.015. Evidence of mental disease or defect, admissible, when. — 1. Evidence that the defendant did or did not suffer mental disease or defect shall not be admissible in a criminal prosecution except as provided in this section.

2. Evidence that the defendant did or did not suffer from a mental disease or defect shall be admissible in a criminal proceeding:

(1) To determine whether the defendant lacks capacity to understand the proceedings against him or to assist in his own defense as provided in section 552.020 ;

(2) To determine whether the defendant is criminally responsible as provided in section 552.030 ;

(3) To determine whether a person committed to the director of the department of mental health pursuant to this chapter shall be released as provided in section 552.040 ;

(4) To determine if a person in the custody of any correctional institution needs care in a mental hospital as provided in section 552.050 ;

(5) To determine whether a person condemned to death shall be executed as provided in sections 552.060 and 552.070 ;

(6) To determine whether or not the defendant, if found guilty, should be sentenced to death as provided in chapter 558 ;

(7) To determine the appropriate disposition of a defendant, if guilty, as provided in sections 557.011 and 557.031 ;

(8) To prove that the defendant did or did not have a state of mind which is an element of the offense;

(9) To determine if the defendant, if found not guilty by reason of mental disease or defect, should be immediately conditionally released by the court under the provisions of section 552.040 to the community or committed to a mental health or developmental disability facility. This question shall not be asked regarding defendants charged with any of the dangerous felonies as defined in section 556.061 , or with those crimes set forth in subsection 11 * of section 552.040 , or the attempts thereof.

(L. 1985 S.B. 265 § 552.090, A.L. 1994 S.B. 763, A.L. 2011 H.B. 555 merged with H.B. 648) *Subsection 11 of section 552.040 was renumbered to subsection 12 and the specific crimes were repealed by S.B. 884 & 841, 1996.
Mo. Rev. Stat. § 367.518 — MO Code / Chapter 367 / Section 367.518
367.518 Title loan agreements, contents, form.
Status: in_force

367.518. Title loan agreements, contents, form. — 1. Each title loan agreement shall disclose the following:

(1) All disclosures required by the federal Truth in Lending Act and regulation Z;

(2) That the transaction is a loan secured by the pledge of titled personal property and, in at least ten-point bold type, that nonpayment of the loan may result in loss of the borrower's vehicle or other titled personal property;

(3) The name, business address, telephone number and certificate number of the title lender, and the name and residential address of the borrower;

(4) The monthly interest rate to be charged;

(5) A statement which shall be in at least ten-point bold type, separately acknowledged by the signature of the borrower and reading as follows:

You may cancel this loan without any costs by returning the full principal amount to the lender by the close of the lender's next full business day;

(6) The location where the titled personal property may be delivered if the loan is not paid and the hours such location is open for receiving such deliveries; and

(7) Any additional disclosures deemed necessary by the director or required pursuant to sections 400.9-101 to 400.9-710 .

2. The division of finance is directed to draft a form to be used in title loan transactions. Use of this form is not mandatory; however, use of such form, properly completed, shall satisfy the disclosure provisions of this section.

(L. 1998 H.B. 1526 § 7, A.L. 2001 H.B. 738 merged with S.B. 186, A.L. 2002 S.B. 895)
Mo. Rev. Stat. § 238.365 — MO Code / Chapter 238 / Section 238.365
238.365 Infraction for violation of toll collection regulation — report, ...
Status: in_force

238.365. Infraction for violation of toll collection regulation — report, admissibility, photo is rebuttable presumption, multiple vehicle owners. — 1. The driver of a vehicle involved in a violation of toll collection regulations is guilty of an infraction and upon conviction thereof, shall be punished by a fine to be determined by the court.

2. A written report or telephone call from a toll enforcement officer or law enforcement officer, or photo monitoring system evidence that indicates a required toll was not paid is admissible in any proceeding to enforce this section, subject to foundation evidence to establish the authenticity of the report, call or photographs. Photo monitoring system evidence which shows that the driver of a vehicle has failed to pay a toll shall raise a rebuttable presumption that the motor vehicle shown in the photographic evidence was used in violation of this section. In the event that charges are filed against multiple owners of a motor vehicle, only one of the owners may be convicted and court costs may be assessed against only one of the owners. If the vehicle which is involved in the violation is registered in the name of a rental or leasing company and the vehicle is rented or leased to another person at the time of the violation, the rental or leasing company may rebut the presumption by providing the peace officer or prosecuting authority with a copy of the rental or lease agreement in effect at the time of the violation. No prosecuting authority may bring any legal proceedings against a rental or leasing company under this section unless prior written notice of the violation has been given to that rental or leasing company by registered mail at the address appearing on the registration and the rental or leasing company has failed to provide the rental or lease agreement copy within fifteen days of receipt of such notice.

(L. 1997 S.B. 67)
Mo. Rev. Stat. § 86.217 — MO Code / Chapter 86 / Section 86.217
86.217 Vacancy on board, how filled — trustees to receive expenses.
Status: in_force

86.217. Vacancy on board, how filled — trustees to receive expenses. — 1. If a vacancy occurs in the office of trustee, the vacancy shall be filled for the unexpired term in the same manner as the office was previously filled.

2. The trustees shall serve without compensation, but they shall be reimbursed for all necessary expenses which they may incur through service on the board.

(L. 1957 p. 256 § 6, A.L. 2000 H.B. 1808) Effective 7-01-00
Mo. Rev. Stat. § 115.353 — MO Code / Chapter 115 / Section 115.353
115.353 Declarations of candidacy, where filed.
Status: in_force

115.353. Declarations of candidacy, where filed. — All declarations of candidacy shall be filed as follows:

(1) For presidential elector, United States senator, representative in Congress, statewide office, circuit judge not subject to the provisions of Article V, Section 25 of the Missouri Constitution, state senator and state representative, in the office of the secretary of state;

(2) For all county offices which for the purpose of election procedures shall include associate circuit judges not subject to the provisions of Article V, Section 25 of the Missouri Constitution, in the office of the county election authority;

(3) For all county offices, in the office of the county election authority. In any county in which there are two boards of election commissioners, the county clerk shall be deemed to be the election authority for purposes of this section.

(L. 1977 H.B. 101 § 10.110, A.L. 1978 H.B. 1634, H.B. 1694, A.L. 1984 H.B. 1611 Revision)
Mo. Rev. Stat. § 393.833 — MO Code / Chapter 393 / Section 393.833
393.833 Principal office, change of, procedure.
Status: in_force

393.833. Principal office, change of, procedure. — A company may, upon authorization of a majority of the members at any regular or special meeting, change the location of its principal office by filing a certificate of change of principal office, executed and acknowledged in duplicate by its president or vice president under its seal attested by its secretary, in the office of the secretary of state. Such company shall also, within thirty days after the filing of such certificate of change of principal office, file certified copies of its articles of incorporation and all amendments thereto, if the same are not already on file.

(L. 1997 2d Ex. Sess. H.B. 1 merged with S.B. 3) Effective 12-23-97
Mo. Rev. Stat. § 237.090 — MO Code / Chapter 237 / Section 237.090
237.090 License may be revoked.
Status: in_force

237.090. License may be revoked. — If any ferryman fail to perform his duties, the county commission may, at any time, revoke his license.

(RSMo 1939 § 15304) Prior revisions: 1929 § 14216; 1919 § 5550; 1909 § 6493
Mo. Rev. Stat. § 241.040 — MO Code / Chapter 241 / Section 241.040
241.040 Governor to relinquish title to certain lands, when.
Status: in_force

241.040. Governor to relinquish title to certain lands, when. — The governor of the state is hereby authorized to relinquish the title of the state to such swamp and overflowed lands as may have been sold by the general government since the passage of the law donating said lands to the state in which they lie, whenever the counties interested in said lands may, by an order of the county commission, authorize him so to do.

(RSMo 1939 § 12774) Prior revisions: 1929 § 11150; 1919 § 7014; 1909 § 8017