FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 407.010 — MO Code / Chapter 407 / Section 407.010
407.010 Definitions.
Status: in_force

407.010. Definitions. — As used in sections 407.010 to 407.130 , the following words and terms mean:

(1) "Advertisement" , the attempt by publication, dissemination, solicitation, circulation, or any other means to induce, directly or indirectly, any person to enter into any obligation or acquire any title or interest in any merchandise;

(2) "Documentary material" , the original or a copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or recording, wherever situated;

(3) "Examination of documentary material" , the inspection, study, or copying of such material, and the taking of testimony under oath or acknowledgment in respect to any documentary material or copy thereof;

(4) "Merchandise" , any objects, wares, goods, commodities, intangibles, real estate or services;

(5) "Person" , any natural person or his legal representative, partnership, firm, for-profit or not-for-profit corporation, whether domestic or foreign, company, foundation, trust, business entity or association, and any agent, employee, salesman, partner, officer, director, member, stockholder, associate, trustee or cestui que trust thereof;

(6) "Sale" , any sale, lease, offer for sale or lease, or attempt to sell or lease merchandise for cash or on credit;

(7) "Trade" or "commerce" , the advertising, offering for sale, sale, or distribution, or any combination thereof, of any services and any property, tangible or intangible, real, personal, or mixed, and any other article, commodity, or thing of value wherever situated. The terms "trade" and "commerce" include any trade or commerce directly or indirectly affecting the people of this state.

(L. 1967 p. 607 § 1, A.L. 1973 H.B. 55, A.L. 1986 S.B. 685) Effective 5-01-86 (2003) Merchandising Practices Act applies to deceptive schemes conducted by out-of-state businesses and involving out-of-state consumers. State ex rel. Nixon v. Estes, 108 S.W.3d 795 (Mo.App.W.D.). (2004) Medical goods and services constitute "merchandise" within definition of section. Freeman Health System v. Wass, 124 S.W.3d 504 (Mo.App.S.D.).
Mo. Rev. Stat. § 340.282 — MO Code / Chapter 340 / Section 340.282
340.282 Immunity of persons cooperating with the board.
Status: in_force

340.282. Immunity of persons cooperating with the board. — Any person who in good faith and without malice reports, provides information or cooperates in any manner with the board, or assists the board in any manner, including, but not limited to, applicants or licensees, whether or not the applicant or licensee is the subject of an investigation, record custodians, consultants, attorneys, board members, agents, employees, staff or expert witnesses, in the course of any investigation, hearing or other proceeding conducted by or before the board pursuant to the provisions of sections 340.200 to 340.330 shall not be subject to an action for civil damages and no cause of action shall arise against him as a result thereof.

(L. 1992 H.B. 878 § 41)
Mo. Rev. Stat. § 115.471 — MO Code / Chapter 115 / Section 115.471
115.471 Certification of tally book and statements of returns as to write-in votes ...
Status: in_force

115.471. Certification of tally book and statements of returns as to write-in votes (electronic voting). — At each polling place using an electronic voting system, after the polling place is closed, the election judges shall

(1) Certify in the tally book: the number of ballots cast by reconciling the ballot stubs against the number of identification certificates signed; the number of defective and spoiled ballots; the number of ballots with write-in votes; and the number of ballots received at the polling place which were not cast at the election. If the number of signed identification certificates is not the same as the number of ballots cast, the judges shall make a signed statement of the fact and the reasons therefor, if known, and shall return the statement with the statements of returns;

(2) Where tallying of write-in votes is to be done at the polling place, certify on two statements of returns the number of write-in votes received by each candidate. No returns shall be signed in blank or before the polls have closed and all proper write-in votes cast at the polling place have been counted;

(3) Certify that each statement made in the tally book and on each statement of returns is correct. If any judge declines to certify that all such statements are correct, he shall state his reasons in writing, which shall be attached to each statement of returns and returned with the statement to the election authority.

(L. 1977 H.B. 101 § 12.055, A.L. 1978 S.B. 582, A.L. 1983 S.B. 234)
Mo. Rev. Stat. § 245.490 — MO Code / Chapter 245 / Section 245.490
245.490 Board may borrow money.
Status: in_force

245.490. Board may borrow money. — The directors may borrow money, not exceeding in amount the assessments or annual installments unpaid at the time of borrowing, for the construction of any work which they may be authorized to construct, or for the payment of any indebtedness that they may have lawfully incurred under the provisions of sections 245.285 to 245.545 , and may secure the same by notes or bonds bearing interest at not exceeding eight percent per annum, and not running longer than one year beyond the date of the payment of the assessment, or the last annual installment thereof, on account of which the money is borrowed; which notes or bonds shall not be held to make the directors personally liable for the money borrowed, but shall constitute a lien upon the assessments, or annual installments thereof, for the repayment of the principal and interest of said notes and bonds.

(RSMo 1939 § 12567) Prior revisions: 1929 § 10977; 1919 § 4669; 1909 § 5732 CROSS REFERENCES: Bond issues, proceeds of and moneys for interest and sinking funds to be kept separate, 108.180 to 108.230 Refunding bonds authorized, payment of, 108.140 to 108.160
Mo. Rev. Stat. § 436.159 — MO Code / Chapter 436 / Section 436.159
436.159 Prohibited acts by performing rights society, exception — violations — ...
Status: in_force

436.159. Prohibited acts by performing rights society, exception — violations — penalties. — 1. No performing rights society, or any agent or employee thereof shall:

(1) Enter onto the premises of a proprietor's business for the purpose of discussing a contract for payment of royalties for the use of copyrighted works by that proprietor without first identifying himself to the proprietor or his employees and disclose that the agent is acting on behalf of the performing rights society and disclosing the purpose of the discussion;

(2) Collect or attempt to collect a royalty payment or any other fee except as provided in a contract executed pursuant to the provisions of sections 436.150 to 436.163 ;

(3) Use or attempt to use any act or practice in negotiating with a proprietor, or in retaliation for a proprietor's failure or refusal to negotiate, with respect to a contract for the payment of royalties, including, but not limited to:

(a) Engaging in any coercive conduct, act or practice that is disruptive of a proprietor's business or threatening to commence legal proceedings in connection with an alleged copyright violation with the intent of coercing the proprietor to negotiate or enter into a contract for the payment of royalties;

(b) However, nothing in sections 436.150 to 436.163 shall be construed to prevent the performing rights society from informing the proprietor of the proprietor's obligations under the federal copyright law, Title 17 of the United States Code;

(c) Charging or collecting a royalty which is unreasonable in comparison to the royalties for similar licenses;

(4) Levy and collect any license fee, royalty, or other charge from any person or entity which conducts a nonprofit musical festival or performance, unless prior to the festival or performance such performing rights society, upon the request of the person or entity conducting such festival or performance, submits to the person or entity conducting such festival or performance a list of copyrighted vocal and instrumental musical compositions which may not be performed or otherwise copied unless the license fee, royalty, or charge is paid. The person or entity conducting the festival or performance shall submit such a request to any local agency or representative of the performing rights society.

2. A person who violates any of the provisions of sections 436.150 to 436.163 shall be guilty of a class C misdemeanor.

(L. 1995 S.B. 355 § 1 subsecs. 5, 6)
Mo. Rev. Stat. § 301.3179 — MO Code / Chapter 301 / Section 301.3179
301.3179 Negro Leagues Baseball Museum license plates — application, procedure, fee.
Status: in_force

301.3179. Negro Leagues Baseball Museum license plates — application, procedure, fee. — 1. Any vehicle owner may apply for "Negro Leagues Baseball Museum" license plates for any motor vehicle the person owns, either solely or jointly, other than an apportioned motor vehicle or a commercial motor vehicle licensed in excess of twenty-four thousand pounds gross weight. Upon making a ten dollar contribution to the Negro Leagues Baseball Museum, the vehicle owner may apply for the "Negro Leagues Baseball Museum" plate. If the contribution is made directly to the Negro Leagues Baseball Museum, the organization shall issue the individual making the contribution a receipt, verifying the contribution, that may be used to apply for the "Negro Leagues Baseball Museum" license plate. The applicant for such plate shall pay a fifteen dollar fee in addition to the regular registration fees and present any other documentation required by law for each set of "Negro Leagues Baseball Museum" plates issued pursuant to this section. Notwithstanding the provisions of section 301.144 , no additional fee shall be charged for the personalization of license plates issued pursuant to this section. The "Negro Leagues Baseball Museum" plate shall bear the emblem of the Negro Leagues Baseball Museum as prescribed by the director of revenue and shall have the words "NEGRO LEAGUES BASEBALL MUSEUM". Such license plates shall be made with fully reflective material with a common color scheme and design, shall be clearly visible at night, and shall be aesthetically attractive, as prescribed by section 301.130 .

2. The director of revenue may promulgate rules and regulations for the administration of this section. 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, 2021, shall be invalid and void.

(L. 2021 S.B. 189)
Mo. Rev. Stat. § 332.041 — MO Code / Chapter 332 / Section 332.041
332.041 Board, meetings, officers — records — compensation.
Status: in_force

332.041. Board, meetings, officers — records — compensation. — 1. The board shall meet at least twice a year at such times and places in the state of Missouri as may be fixed by the board. The board shall elect from its membership a president, a vice president, and a secretary-treasurer, each of whom shall be elected at the times and serve for the terms as are determined by the board, and each of whose duties shall be prescribed by the board.

2. The board shall keep records of its official acts, and certified copies of any such records attested by a designee of the board with the board's seal affixed shall be received as evidence in all courts to the same extent as the board's original records would be received.

3. Each member of the board shall receive as compensation an amount set by the board not to exceed fifty dollars for each day devoted to the affairs of the board, and shall be entitled to reimbursement of his expenses necessarily incurred in the discharge of his official duties. The board may employ and pay legal counsel and such board personnel, as defined in subdivision (4) of subsection 11 of section 324.001 , as it deems necessary within appropriations therefor.

(L. 1969 S.B. 97, A.L. 1981 S.B. 16, A.L. 2008 S.B. 788, A.L. 2018 S.B. 975 & 1024 Revision)
Mo. Rev. Stat. § 59.650 — MO Code / Chapter 59 / Section 59.650
59.650 Neglect of duty — liability.
Status: in_force

59.650. Neglect of duty — liability. — If any recorder to whom any deed or other writing, proved or acknowledged according to law, is delivered for record

(1) Neglects or refuses to make an entry thereof as required by section 59.470 , or

(2) Neglects or refuses to record the deed or other writing within a reasonable time after receiving the same, or

(3) Records any deed or other instrument in writing before another first brought into his office and entitled to be recorded, or

(4) Records any deed or other instrument of writing untimely or in any manner other than as herein directed, or

(5) Neglects or refuses to provide and keep in his office such an index as required by this chapter, he shall pay to the party aggrieved double the damages which may be occasioned thereby, to be recovered by civil action on the official bond of the recorder.

(RSMo 1939 § 13183, A.L. 1957 p. 322) Prior revisions: 1929 § 11564; 1919 § 10587; 1909 § 10400
Mo. Rev. Stat. § 369.264 — MO Code / Chapter 369 / Section 369.264
369.264 Lending association not liable to borrower or others for defective final ...
Status: in_force

369.264. Lending association not liable to borrower or others for defective final product, when. — An association which makes a loan, the proceeds of which are used or may be used by the borrower to finance the design, manufacture, construction, repair, modification or improvement of real or personal property for sale or lease to others, shall not be held liable to the borrower or to third persons for any loss or damage occasioned by any defect in the real or personal property so designed, manufactured, constructed, repaired, modified or improved, or for any loss or damage resulting from the failure of the borrower to use due care in the design, manufacture, construction, repair, modification or improvement of such real or personal property, unless the association has knowingly been a party to misrepresentations with respect to such real or personal property.

(L. 1971 S.B. 3 § 52)
Mo. Rev. Stat. § 456.033 — MO Code / Chapter 456 / Section 456.033
456.033 Effect of registration.
Status: in_force

456.033. Effect of registration. — 1. By registering a trust, or accepting the trusteeship of a registered trust, the trustee submits personally to the jurisdiction of the court in any proceeding involving the internal affairs of the trust that may be initiated by any interested person while the trust remains registered. Notice of any such proceeding shall be delivered to the trustee or mailed to him by ordinary first-class mail at his address as listed in the registration statement or as thereafter reported to the court and to his address as then known to the petitioner.

2. To the extent of their interests in the trust, all beneficiaries of a trust registered in this state are subject to the jurisdiction of the court of registration for the purposes of proceedings involving internal affairs of the trust, provided notice is given pursuant to section 472.100 .

3. "Interested persons" include beneficiaries and any others having a property right in or claim against a trust estate which may be affected by a judicial proceeding. It also includes persons and other fiduciaries representing interested persons. The meaning as it relates to particular persons may vary from time to time and must be determined according to the particular purposes of, and matter involved in, any proceeding.

4. "Internal affairs" proceedings, without limitation, are those which involve interpretation or construction of the terms of the trust by declarations, instructions or judgments as to the existence, nonexistence and extent of rights, powers, privileges, immunities, duties, liabilities and remedies of trustees and beneficiaries in the administration and distribution of trusts, including but not limited to proceedings concerning:

(1) The qualifications, appointment, removal, indemnification, reimbursement, exoneration or surcharge of trustees;

(2) The imposition, change and release of requirements for trustees' bonds;

(3) The employment of agents and compensation to them and to trustees;

(4) The review and settlement of interim and final accounts;

(5) The propriety of investments or of principal and income allocations;

(6) The allowance of deviations from or modifications of trust terms;

(7) The ascertainment of beneficiaries or of beneficial interests;

(8) The requirements for release of registration or change of principal place of administration;

(9) The timing and quantity of distributions and dispositions of assets;

(10) The validity and effect of alienations by beneficiaries, by exercise of powers of appointment or otherwise; and

(11) Terminations of trusts.

(L. 1983 H.B. 117, A.L. 2004 H.B. 1511) Transferred 2004; formerly 456.430
Mo. Rev. Stat. § 174.750 — MO Code / Chapter 174 / Section 174.750
174.750 Missouri arboretum created under direction of board of regents of Northwest ...
Status: in_force

174.750. Missouri arboretum created under direction of board of regents of Northwest Missouri State University. — There is hereby created the "Missouri Arboretum", wherein trees, shrubs, and herbaceous and other types of plants shall be planted, grown, and cultivated for scientific and educational purposes. The Missouri arboretum shall be under the direction, control, and supervision of the board of regents of Northwest Missouri State University.

(L. 1993 S.B. 84 § 14 subsec. 1)
Mo. Rev. Stat. § 211.487 — MO Code / Chapter 211 / Section 211.487
211.487 Application of sections 211.442 to 211.487 — what law to govern.
Status: in_force

211.487. Application of sections 211.442 to 211.487 — what law to govern. — 1. Sections 211.442 to 211.487 apply to all proceedings commenced on or after September 28, 1985.

2. In any action for termination of parental rights pending prior to September 28, 1985, the law in effect at the time of the filing of the petition for termination of parental rights shall govern the hearing on such petition and any appeal therefrom.

(L. 1978 H.B. 972 § 10, A.L. 1985 H.B. 366, et al.)
Mo. Rev. Stat. § 394.250 — MO Code / Chapter 394 / Section 394.250
394.250 Fees to be collected by director of revenue.
Status: in_force

394.250. Fees to be collected by director of revenue. — 1. There shall be charged and collected for:

(1) Filing articles of incorporation, ten dollars;

(2) Filing articles of amendment, one dollar;

(3) Filing articles of consolidation or merger, ten dollars;

(4) Filing articles of conversion, ten dollars;

(5) Filing certificate of election to dissolve, one dollar;

(6) Filing articles of dissolution, two dollars; and

(7) Filing certificate of change of principal office, two dollars.

2. All fees shall be made payable to and collected by the state director of revenue.

3. Fees mandated in subdivision (1) of subsection 1 of this section shall be waived if an initial member of the cooperative is a member of the Missouri National Guard or any other active duty military, resides in the state of Missouri, and provides proof of such service to the secretary of state.

(RSMo 1939 § 5412, A.L. 1947 V. I p. 232, A.L. 2014 S.B. 600)
Mo. Rev. Stat. § 8.310 — MO Code / Chapter 8 / Section 8.310
8.310 Duties of director as to construction, repairs and purchases — exceptions.
Status: in_force

8.310. Duties of director as to construction, repairs and purchases — exceptions. — Any other provision of law to the contrary notwithstanding, no contracts shall be let for design, repair, renovation or construction without approval of the director of the division of facilities management, design and construction, and no claim for design, repair, construction or renovation projects under contract shall be accepted for payment by the commissioner of administration without approval by the director of the division of facilities management, design and construction; except that the department of conservation, the boards of curators of the state university and Lincoln University, the several boards of regents of the state colleges and the boards of trustees of the community colleges may contract for architectural and engineering services for the design and supervision of the construction, repair, maintenance or improvement of buildings or institutions and may contract for construction, repair, maintenance or improvement. The director of the division of facilities management, design and construction shall not be required to review any claim for payment under any such contract not originally approved by him or her. No claim under any contract executed by the department of conservation or an institution of higher learning, as provided above, shall be certified by the commissioner of administration unless the entity making the claim shall certify in writing that the payment sought is in accordance with the contract executed by the entity and that the underlying construction, repair, maintenance or improvement conforms with applicable regulations promulgated by the director pursuant to section 8.320 .

(L. 1958 2d Ex. Sess. p. 183 § 7, A.L. 1965 p. 126, A.L. 1984 S.B. 691, A.L. 1987 H.B. 33, A.L. 1995 H.B. 622, A.L. 2014 H.B. 1299 Revision)
Mo. Rev. Stat. § 190.043 — MO Code / Chapter 190 / Section 190.043
190.043 Increase in tax rate without voter approval, when, amount.
Status: in_force

190.043. Increase in tax rate without voter approval, when, amount. — Subject to the provisions of chapter 137 , in addition to the tax rate increase allowed pursuant to subdivision (3) of subsection 5 of section 137.073 , if an ambulance district voluntarily decreases its tax rate duly authorized pursuant to section 190.040 or 190.041 in any tax year, such ambulance district may in any subsequent tax year increase such tax rate, without voter approval, to the rate previously authorized pursuant to section 190.040 or 190.041 .

(L. 1994 H.B. 1490, A.L. 1998 S.B. 743)
Mo. Rev. Stat. § 249.590 — MO Code / Chapter 249 / Section 249.590
249.590 Record of special tax bills.
Status: in_force

249.590. Record of special tax bills. — The county clerk shall keep a record of all special tax bills issued under the provisions of sections 249.430 to 249.660 , said record to contain a description of the land covered by each special tax bill, the amount assessed against the same, and the date of the issue thereof and the rate of interest thereon, and also the name of the respective owners of the tracts of land described in said tax bills, as shown by the tax books in the office of the county collector, but any error in such record shall not affect the validity of said special tax bills.

(L. 1941 p. 557 § 13)