FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 56.060 — MO Code / Chapter 56 / Section 56.060
56.060 Prosecutor's duties, generally, expenses — employed attorney, how compensated.
Status: in_force

56.060. Prosecutor's duties, generally, expenses — employed attorney, how compensated. — 1. Each prosecuting attorney shall commence and prosecute all civil and criminal actions in the prosecuting attorney's county in which the county or state is concerned, defend all suits against the state or county, and prosecute forfeited recognizances and actions for the recovery of debts, fines, penalties and forfeitures accruing to the state or county. In all cases, civil and criminal, in which changes of venue are granted, the prosecuting attorney shall follow and prosecute or defend, as the case may be, all the causes, for which, in addition to the fees now allowed by law, the prosecuting attorney shall receive his or her actual expenses. If any misdemeanor case is taken to the court of appeals by appeal the prosecuting attorney shall represent the state in the case in the court and make out and cause to be printed, at the expense of the county, all necessary abstracts of record and briefs, and if necessary appear in the court in person, or shall employ some attorney at the prosecuting attorney's own expense to represent the state in the court, and for his or her services he or she shall receive the compensation that is proper, not to exceed twenty-five dollars for each case, and necessary traveling expenses, to be audited and paid as other claims are audited and paid by the county commission of the county.

2. Notwithstanding the provisions of subsection 1 of this section, in any county for which a county counselor is appointed, the prosecuting attorney shall only perform those duties prescribed by subsection 1 of this section which are not performed by the county counselor under the provisions of law relating to the office of county counselor.

(RSMo 1939 § 12942, A.L. 1959 S.B. 67, A.L. 1971 H.B. 779, A.L. 1973 H.B. 670, A.L. 2005 S.B. 210) Prior revisions: 1929 § 11316; 1919 § 736; 1909 § 1007 (1953) Prosecuting attorney is quasi-judicial officer and the right to enter a nolle prosequi in a criminal case is within his sole discretion. Such discretion cannot be controlled by the court. State ex rel. Griffin v. Smith, 363 Mo. 1235, 258 S.W.2d 590. (1954) Prosecuting attorney does not have concurrent authority with the attorney general to institute quo warranto proceedings; he is limited to cases involving issues having a local situs in his county. State ex rel. Schneider's Credit Jewelers v. Brackman (Mo.), 272 S.W.2d 289. (1959) Evidence held sufficient to show proper exercise of discretion in entering nolle prosequi in prosecution of election offenses. State ex inf. Dalton v. Moody (Mo.), 325 S.W.2d 21. (1976) Held, private prosecutors prohibited. State v. Harrington (Mo. banc), 534 S.W.2d 44. (1985) A prosecuting attorney does not have the exclusive and unrestricted discretion to enter a nolle prosequi after verdict and before judgment and sentencing. State ex rel. Norwood v. Drumm, 691 S.W.2d 238.
Mo. Rev. Stat. § 359.441 — MO Code / Chapter 359 / Section 359.441
359.441 Power of estate of deceased or incapacitated partner.
Status: in_force

359.441. Power of estate of deceased or incapacitated partner. — If a partner who is an individual dies or a court of competent jurisdiction adjudges him to be mentally incapacitated to manage his person or his property, the partner's executor, administrator, guardian, conservator, or other legal representative may exercise all the partner's rights for the purpose of settling his estate or administering his property, including any power the partner had to give an assignee the right to become a limited partner. If a partner is a corporation, trust, or other entity and is dissolved or terminated, the powers of that partner may be exercised by its legal representative or successor.

(L. 1985 H.B. 512 & 650) Effective 1-01-87
Mo. Rev. Stat. § 324.1126 — MO Code / Chapter 324 / Section 324.1126
324.1126 Expiration of license, when — renewal — licensee responsible for good ...
Status: in_force

324.1126. Expiration of license, when — renewal — licensee responsible for good conduct of employees. — 1. Any license issued under sections 324.1100 to 324.1148 shall be valid for two years. An application for renewal of such license shall be mailed to every person to whom a license was issued or renewed during the current licensing period. The applicant shall complete the application and return it to the board by the renewal date with a renewal fee in an amount to be set by the board and with evidence of continuing education under section 324.1122 . Any licensee who practices during the time the license has expired shall be considered to be engaged in prohibited acts under section 324.1104 and shall be subject to the penalties provided for violation of the provisions of sections 324.1100 to 324.1148 . If a person is otherwise eligible to renew the person's certification or license, the person may renew an expired certification or license within two years from the date of expiration. To renew such expired certification or license, the person shall submit an application for renewal, pay the renewal fee, pay a delinquent renewal fee as established by the board, and present evidence, in the form prescribed by the board, of having completed the continuing education requirements for renewal specified in section 324.1122 . Upon a finding of extenuating circumstances, the commission may waive the payment of the delinquent fee. If a person has failed to renew the person's license within two years of its expiration, the license shall be void. A new photograph shall be submitted with the application for renewal only if the photograph on file with the board has been on file for more than two years.

2. A licensee shall at all times be legally responsible for the good conduct of each of the licensee's employees or agents while engaged in the business of the licensee and the licensee is legally responsible for any acts committed by such licensee's employees or agents which are in violation of sections 324.1100 to 324.1148 . A person receiving an agency license shall directly manage the agency and employees.

3. A license issued under sections 324.1100 to 324.1148 shall not be assignable.

(L. 2007 H.B. 780 merged with S.B. 308, A.L. 2010 H.B. 2226, et al.)
Mo. Rev. Stat. § 404.530 — MO Code / Chapter 404 / Section 404.530
404.530 Qualifications of personal custodians, transfer to person not qualified, ...
Status: in_force

404.530. Qualifications of personal custodians, transfer to person not qualified, effect. — An adult person or financial institution shall not be qualified to be designated personal custodian for property of a beneficiary who is a resident of this state if the person or financial institution is not qualified to be appointed conservator of the estate of the beneficiary under subsection 2 of section 475.055 or if the financial institution is not legally authorized to do business in this state. A transfer of property to a person not qualified to act as personal custodian for the beneficiary under sections 404.400 to 404.650 subjects the person to removal as personal custodian under subsection 9 of section 404.590 , but does not affect the beneficiary's ownership of the property and the immunities of third persons dealing with the personal custodian, nor relieve the unqualified person of any duties or responsibilities imposed on personal custodians under sections 404.400 to 404.650 .

(L. 1986 S.B. 651 § 4 subsec. 5, A.L. 1989 H.B. 145)
Mo. Rev. Stat. § 197.090 — MO Code / Chapter 197 / Section 197.090
197.090 Existing hospitals to be allowed time to meet standards.
Status: in_force

197.090. Existing hospitals to be allowed time to meet standards. — Any hospital which is in operation at the time of the promulgation of any applicable rule or regulation or minimum standard under this law shall be given a reasonable time under the particular circumstances not to exceed two years from the date of such promulgation within which to comply with such rules and regulations and minimum standards.

(L. 1953 p. 631 § 9)
Mo. Rev. Stat. § 237.170 — MO Code / Chapter 237 / Section 237.170
237.170 Penalty for neglect.
Status: in_force

237.170. Penalty for neglect. — Every ferryman failing to give such due attention shall, for every offense, forfeit five dollars, and for failure to keep such boat in good repair, shall forfeit thirty dollars to the county where the ferry is situated; and he shall be liable for all damages that any person may sustain thereby, to be recovered by civil action in any court having jurisdiction.

(RSMo 1939 § 15295) Prior revisions: 1929 § 14207; 1919 § 5541; 1909 § 6484
Mo. Rev. Stat. § 337.068 — MO Code / Chapter 337 / Section 337.068
337.068 Complaints of prisoners — disposition of certain records.
Status: in_force

337.068. Complaints of prisoners — disposition of certain records. — 1. If the committee finds merit to a complaint by an individual incarcerated or under the care and control of the department of corrections or who has been ordered to be taken into custody, detained, or held under sections 632.480 to 632.513 , or who has been ordered to be evaluated under chapter 552 , and takes further investigative action, no documentation may appear on file or disciplinary action may be taken in regards to the licensee's license unless the provisions of subsection 2 of section 337.035 have been violated. Any case file documentation that does not result in the committee filing an action pursuant to subsection 2 of section 337.035 shall be destroyed within three months after the final case disposition by the committee. No notification to any other licensing board in another state or any national registry regarding any investigative action shall be made unless the provisions of subsection 2 of section 337.035 have been violated.

2. Upon written request of the psychologist subject to a complaint, prior to August 28, 1999, by an individual incarcerated or under the care and control of the department of corrections or prior to August 28, 2008, by an individual who has been ordered to be taken into custody, detained, or held under sections 632.480 to 632.513 , or prior to August 28, 2021, by an individual who has been ordered to be evaluated under chapter 552 , that did not result in the committee filing an action pursuant to subsection 2 of section 337.035 , the committee and the division of professional registration, shall in a timely fashion:

(1) Destroy all documentation regarding the complaint;

(2) Notify any other licensing board in another state or any national registry regarding the committee's actions if they have been previously notified of the complaint; and

(3) Send a letter to the licensee that clearly states that the committee found the complaint to be unsubstantiated, that the committee has taken the requested action, and notify the licensee of the provisions of subsection 3 of this section.

3. Any person who has been the subject of an unsubstantiated complaint as provided in subsection 1 or 2 of this section shall not be required to disclose the existence of such complaint in subsequent applications or representations relating to their psychology professions.

(L. 1999 H.B. 343 § 337.068 codified as 337.750, A.L. 2008 H.B. 2065, A.L. 2021 H.B. 273 merged with H.B. 476)
Mo. Rev. Stat. § 246.120 — MO Code / Chapter 246 / Section 246.120
246.120 Secretary to keep record of warrants issued.
Status: in_force

246.120. Secretary to keep record of warrants issued. — Said tax anticipation warrants shall be delivered to the payee or payees for the purposes enumerated herein, by an order of the board, in total or in part as necessary, and an appropriate record thereof kept by the secretary and a duly certified copy thereof by him delivered to the treasurer, who shall pay without further order of the board, upon due endorsement and presentment by the record holder thereof or said holder's legal transferee upon satisfactory proof being made to the treasurer thereof the said tax anticipation warrants and interest coupons as due, out of any maintenance fund of the district; provided, that in the event there is not sufficient funds to pay all or a part of such tax anticipation warrants and interest coupons upon presentment, and treasurer shall so note and said indebtedness shall bear interest at the rate of six percent per annum from time of such presentment and notation until paid.

(RSMo 1939 § 12618) Prior revision: 1929 § 11029
Mo. Rev. Stat. § 514.050 — MO Code / Chapter 514 / Section 514.050
514.050 Issuance of writ without fees by clerk, when.
Status: in_force

514.050. Issuance of writ without fees by clerk, when. — If any person file, before any clerk in vacation, an affidavit that he has a just and subsisting cause of action on which he proposes to bring a suit, and that he is unable to pay the costs, the clerk shall issue an original writ, without fees for the same. But the court may, in its discretion, refuse or permit the further prosecution of the suit.

(RSMo 1939 § 1405) Prior revisions: 1929 § 1241; 1919 § 1693; 1909 § 2262
Mo. Rev. Stat. § 441.200 — MO Code / Chapter 441 / Section 441.200
441.200 Landlord may recover for use and occupation.
Status: in_force

441.200. Landlord may recover for use and occupation. — A landlord may recover a reasonable satisfaction for the use and occupation of any lands or tenements held by any person under an agreement not made by deed.

(RSMo 1939 § 2974) Prior revisions: 1929 § 2587; 1919 § 6883; 1909 § 7886
Mo. Rev. Stat. § 301.3069 — MO Code / Chapter 301 / Section 301.3069
301.3069 Central Missouri Honor Flight special license plate — application, ...
Status: in_force

301.3069. Central Missouri Honor Flight special license plate — application, procedure, fee. — 1. Any Missouri resident may receive special license plates as prescribed in this section after an annual payment of an emblem-use authorization fee to Central Missouri Honor Flight. Central Missouri Honor Flight hereby authorizes the use of its official emblem to be affixed on multiyear personalized license plates as provided in this section for any vehicle the person owns, either solely or jointly, other than an apportioned motor vehicle or commercial motor vehicle licensed in excess of twenty-four thousand pounds gross weight. Any contribution to Central Missouri Honor Flight derived from this section, except reasonable administrative costs, shall be used solely for financial assistance to transport veterans to Washington, D.C., to view various veteran memorials. Any Missouri resident may annually apply to Central Missouri Honor Flight for the use of the emblem.

2. Upon annual application and payment of a twenty-five dollar emblem-use contribution to Central Missouri Honor Flight, the organization shall issue to the vehicle owner, without further charge, an emblem-use authorization statement, which shall be presented by the vehicle owner to the department of revenue at the time of registration of a motor vehicle. Upon presentation of the annual statement and payment of the fee required for personalized license plates in section 301.144 , and other fees and documents which may be required by law, the department of revenue shall issue personalized license plates, which shall bear the emblem of Central Missouri Honor Flight, to the vehicle owner.

3. The license plate or plates authorized by this section shall be of a design submitted by Central Missouri Honor Flight and approved by the department, 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 . The bidding process used to select a vendor for the material to manufacture the license plates authorized by this section shall consider the aesthetic appearance of the plates.

4. A vehicle owner who was previously issued plates with the Central Missouri Honor Flight emblem authorized by this section but who does not provide an emblem-use authorization statement at a subsequent time of registration shall be issued new plates which do not bear the Central Missouri Honor Flight emblem, as otherwise provided by law. The director of revenue shall make necessary rules and regulations for the enforcement of this section and shall design all necessary forms required by this section.

(L. 2020 H.B. 1963 merged with S.B. 656)
Mo. Rev. Stat. § 517.021 — MO Code / Chapter 517 / Section 517.021
517.021 Rules of civil procedure to apply.
Status: in_force

517.021. Rules of civil procedure to apply. — The rules of civil procedure shall apply to cases or classes of cases to which this chapter is applicable, except where otherwise provided by law.

(L. 1985 S.B. 5, et al., A.L. 1988 H.B. 1660)
Mo. Rev. Stat. § 60.560 — MO Code / Chapter 60 / Section 60.560
60.560 Attorney general to advise commission or department.
Status: in_force

*60.560. Attorney general to advise commission or department. — Upon their request, the state attorney general shall advise the land survey commission or the department of agriculture or the state land surveyor with respect to any legal matter, and shall represent the land survey commission or department of agriculture in any proceeding in any court of the state in which the land survey commission or land survey program shall be a party.

(L. 1969 S.B. 22 § 11, A.L. 2012 H.B. 1251, A.L. 2013 H.B. 28 merged with H.B. 650) Effective 8-28-13 (H.B. 28); 10-11-13 (H.B. 650) *H.B. 650 effective 10-11-13, see § 21.250. H.B. 650 was vetoed July 12, 2013. The veto was overridden on September 11, 2013.
Mo. Rev. Stat. § 351.1219 — MO Code / Chapter 351 / Section 351.1219
351.1219 Cooperative not deemed a franchise.
Status: in_force

351.1219. Cooperative not deemed a franchise. — A cooperative formed under and operating in compliance with sections 351.1000 to 351.1228 shall not be deemed or construed to be a franchise under the laws of the state of Missouri.

(L. 2011 S.B. 366)
Mo. Rev. Stat. § 570.103 — MO Code / Chapter 570 / Section 570.103
570.103 Crime of counterfeiting, definitions — penalty.
Status: in_force

570.103. Crime of counterfeiting, definitions — penalty. — 1. As used in this section and section 570.105 , the following words mean:

(1) "Counterfeit mark" , any unauthorized reproduction or copy of intellectual property or intellectual property affixed to any item knowingly sold, offered for sale, manufactured, or distributed, or identifying services offered or rendered, without the authority of the owner of the intellectual property;

(2) "Intellectual property" , any trademark, service mark, trade name, label, term, device, design, or word adopted or used by a person to identify such person's goods or services;

(3) "Retail value" , the counterfeiter's regular selling price for the item or service bearing or identified by the counterfeit mark. In the case of items bearing a counterfeit mark which are components of a finished product, the retail value shall be the counterfeiter's regular selling price of the finished product on or in which the component would be utilized.

2. A person commits the offense of counterfeiting if he or she willfully manufactures, uses, displays, advertises, distributes, offers for sale, sells, or possesses for the purpose of selling or distributing any item, or services, bearing or identified by a counterfeit mark. A person having possession, custody or control of more than twenty-five items bearing a counterfeit mark shall be presumed to possess said items for the purpose of selling or distributing.

3. The offense of counterfeiting is a class A misdemeanor, except as provided in subsections 4 and 5 of this section.

4. The offense of counterfeiting is a class E felony if:

(1) The defendant has previously been convicted under this section; or

(2) The violation involves more than one hundred but fewer than one thousand items bearing a counterfeit mark or the total retail value of all items bearing, or services identified by, a counterfeit mark is seven hundred fifty dollars or more.

5. The offense of counterfeiting is a class D felony if:

(1) The defendant has been previously convicted of two or more offenses under this section;

(2) The violation involves the manufacture or production of items bearing counterfeit marks; or

(3) The violation involves one thousand or more items bearing a counterfeit mark or the total retail value of all items bearing, or services identified by, a counterfeit mark is twenty-five thousand dollars or more.

6. For purposes of this section, the quantity or retail value of items or services shall include the aggregate quantity or retail value of all items bearing, or services identified by, every counterfeit mark the defendant manufactures, uses, displays, advertises, distributes, offers for sale, sells or possesses.

7. The remedies provided for herein shall be cumulative to the other civil remedies provided by law.

8. Any state or federal certificate of registration of any intellectual property shall be prima facie evidence of the facts stated therein.

(L. 1998 H.B. 1779, A.L. 2014 S.B. 491) Effective 1-01-17
Mo. Rev. Stat. § 407.1400 — MO Code / Chapter 407 / Section 407.1400
407.1400 Processing services agreements, required disclosures — inapplicability, when.
Status: in_force

407.1400. Processing services agreements, required disclosures — inapplicability, when. — 1. Any person or entity that offers a credit card processing service in this state shall disclose the following information on any contract or agreement to render a credit card processing service:

(1) The effective date of the contract;

(2) The term of the contract;

(3) The amount of any monthly minimum fee or charge for the credit card processing service; and

(4) The amount of any fee or charge for terminating the contract or agreement.

2. The disclosures required in subsection 1 of this section and any other terms and conditions pertaining to the use of the credit card processing service shall be printed in eight-point font at a minimum.

3. Nothing in this section shall limit the rights or remedies that are otherwise available to a person or an entity that has contracted with a credit card processing service.

4. The obligations of this section are cumulative and do not limit the obligations imposed under any other state or federal law.

5. The provisions of this section shall not apply to:

(1) A state bank or a state savings association that offers a credit card processing service or is a party to a contract that offers a credit card processing service; or

(2) A national bank or a national savings association that offers a credit card processing service or a party to a contract that offers a credit card processing service in connection with a national bank or national savings association; or

(3) The parent, affiliate, or subsidiary of any bank or savings association that offers a credit card processing service; or

(4) A credit union that offers a credit card processing service or is a party to a contract that offers a credit card processing service; or

(5) The parent, affiliate, or subsidiary of any credit union that offers a credit card processing service; or

(6) A trade or business organization or association that offers a credit card processing service or is a party to a contract that offers a credit card processing service.

6. The provisions of this section shall only apply to new contracts entered into after August 28, 2014.

(L. 2014 H.B. 1270)
Mo. Rev. Stat. § 701.380 — MO Code / Chapter 701 / Section 701.380
701.380 Violators guilty of crime of abuse of elevator safety, penalty.
Status: in_force

701.380. Violators guilty of crime of abuse of elevator safety, penalty. — 1. Any owner, agent or lessee who willfully violates any of the provisions of sections 701.350 to 701.380 or operates an installation ordered out of service shall be guilty of the crime of abuse of elevator safety.

2. Abuse of elevator safety is a class C misdemeanor.

(L. 1994 H.B. 1035 § 10)