reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 414 - Fuel Regulation and Conservation › Section 414.415 - Percentage requirements, how state agencies to comply.

Title XXVI TRADE AND COMMERCE
Chapter 414
• Effective - 01 Jan 1999, see footnote
414.415. Percentage requirements, how state agencies to comply. —
State agencies may meet the percentage requirements of sections 414.410 to 414.415 through purchase of original equipment manufactured alternative fuel vehicles or the conversion of vehicles, in accordance with federal and state requirements and applicable safety laws. Vehicles purchased pursuant to sections 414.410 to 414.415 shall not exceed the cost of conventional fuel vehicles of the same make and model by more than ten percent, using life cycle costing methods calculated pursuant to criteria in subsection 3 of section 414.400, except that vehicles purchased pursuant to sections 414.410 to 414.415 that are based for the life of the vehicle and used primarily in maintenance and nonattainment areas defined with regard to the National Ambient Air Quality Standards of the federal Clean Air Act, as amended, 42 U.S.C. 7401 et seq., shall not exceed such cost of conventional fuel vehicles of the same make and model by more than seventeen percent. The commissioner of administration in purchasing, leasing, maintaining or converting vehicles for alternative fuels use shall comply with all applicable safety standards promulgated by the United States Department of Transportation.
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(L. 1991 H.B. 45 § 4 subsec. 7, A.L. 1998 S.B. 619)
Effective 1-01-99
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 414 - Fuel Regulation and Conservation › Section 414.417 - Criminal law enforcement vehicles and certain other vehicles, law not applicable — demonstration vehicles for alternative fuels authorized.

Title XXVI TRADE AND COMMERCE
Chapter 414
• Effective - 28 Aug 2018, 2 histories
414.417. Criminal law enforcement vehicles and certain other vehicles, law not applicable — demonstration vehicles for alternative fuels authorized. —
1. Sections 414.400 to 414.417 shall not apply to the purchase or lease of a vehicle to be used primarily for criminal law enforcement or to the purchase or lease of a motorcycle, all-terrain vehicle, ambulance, or any type of vehicle for which the Environmental Protection Agency has not published fuel economy comparisons.
2. Notwithstanding the provisions of sections 414.400 to 414.417, the department of natural resources and the department of economic development may acquire vehicles which use alternative fuels for the purposes of assessing and demonstrating either or both alternative vehicles and alternative fuels.
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(L. 1991 H.B. 45 § 5, A.L. 2018 S.B. 975 & 1024 Revision)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 414 - Fuel Regulation and Conservation › Section 414.420 - Commission, created, members — purpose.

Title XXVI TRADE AND COMMERCE
Chapter 414
Effective - 01 Jan 2008, see footnote
414.420. Commission, created, members — purpose. —
1. As used in this section, the term "alternative fuel" shall have the same meaning as in section 414.400.
2. There is hereby created the "Missouri Alternative Fuels Commission" composed of nine members, including two members of the senate of different political parties appointed by the president pro tem of the senate, two members of the house of representatives of different political parties appointed by the speaker of the house, and five other persons appointed by the governor, with the advice and consent of the senate. The members appointed by the governor shall be persons engaged in industries that produce alternative fuels, wholesale alternative fuels, or retail alternative fuels, and no more than two of such members shall represent an alternative fuel producer, retailer, or wholesaler and no more than three of such members shall be of the same political party. The members appointed by the governor shall be appointed for a term of four years. Vacancies in the membership of the commission shall be filled in the same manner as the original appointments. The commission shall elect a member of its own group as chairman at the first meeting, which shall be called by the governor. The commission shall meet at least four times in a calendar year at the call of the chairman. Members of the commission shall serve without compensation but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties.
3. The commission shall:
(1) Make recommendations to the governor and general assembly on changes to state law to facilitate the sale and distribution of alternative fuels and alternative fuel vehicles;
(2) Promote the development, sale, distribution, and consumption of alternative fuels;
(3) Promote the development and use of alternative fuel vehicles and technology that will enhance the use of alternative and renewable transportation fuels;
(4) Educate consumers about alternative fuels, including but not limited to ethanol and biodiesel;
(5) Develop a long-range plan for the state to reduce consumption of petroleum fuels; and
(6) Submit an annual report to the governor and the general assembly.
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(L. 1993 H.B. 611 § 1, A.L. 2007 S.B. 54)
Effective 1-01-08
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 414 - Fuel Regulation and Conservation › Section 414.500 - Name of law.

Title XXVI TRADE AND COMMERCE
Chapter 414
• Effective - 28 Aug 1993
414.500. Name of law. —
Sections 414.500 to 414.590 shall be known and may be cited as the "Missouri Propane Education and Research Act".
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(L. 1993 S.B. 178 § 1)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 414 - Fuel Regulation and Conservation › Section 414.510 - Definitions.

Title XXVI TRADE AND COMMERCE
Chapter 414
• Effective - 28 Aug 2018, 2 histories
414.510. Definitions. —
As used in sections 414.500 to 414.590, the following terms mean:
(1)
"Council"
, the Missouri propane education and research council created pursuant to section 414.530;
(2)
"Director"
, the director of the division of energy of the department of economic development or the director's designee;
(3)
"Education"
, any action to provide information on propane, propane use equipment, mechanical and technical practices, and propane uses to consumers and to members of the propane industry;
(4)
"Manufacturers and distributors of LP-gas use equipment"
, any person or firm engaged in the manufacturing, assembling and marketing of appliances, containers and products used in the LP-gas industry, and those persons and firms in the wholesale marketing of appliances, containers and products used in the LP-gas industry;
(5)
"Marketing"
, any action taken by the council to present positive information about propane to the public, including paid promotional advertising;
(6)
"Person"
, any individual, group of individuals, partnership, association, cooperative, corporation, or any other entity;
(7)
"Producer"
, the owner of the propane at the time it is recovered at a manufacturing facility, irrespective of the state where production occurs;
(8)
"Propane"
includes propane, butane, mixtures, and liquefied petroleum gas as defined by the National Fire Protection Association Standard 58 for the storage and handling of liquefied petroleum gases;
(9)
"Public member"
, a member of the council selected from among significant users of odorized propane, organizations representing significant users of odorized propane, public safety officials, state propane gas regulatory officials, or voluntary standard-setting organizations;
(10)
"Qualified industry organization"
, the National Propane Gas Association, the Missouri Propane Gas Association, the Gas Processors Association, or a successor association;
(11)
"Research"
, any type of study, investigation or other activity designed to advance the image, desirability, usage, marketability, efficiency and safety of propane and propane use equipment, and to further the development of such information and products;
(12)
"Retail marketer"
, a business engaged primarily in the selling of propane gas, its appliances and equipment to the ultimate consumer or to retail propane dispensers;
(13)
"Transporter"
, any person involved in the commercial transportation of propane by pipeline, truck, rail or water;
(14)
"Wholesaler"
or
"reseller"
, a seller of propane who is not a producer and who does not sell propane to the ultimate consumer.
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(L. 1993 S.B. 178 § 2, A.L. 2018 S.B. 975 & 1024 Revision)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 414 - Fuel Regulation and Conservation › Section 414.520 - Promulgation of regulations.

Title XXVI TRADE AND COMMERCE
Chapter 414
• Effective - 28 Aug 1993
414.520. Promulgation of regulations. —
Within one hundred eighty days after August 28, 1993, the director shall publish proposed regulations in the Missouri Register for implementation of the policies provided for in sections 414.500 to 414.590. After notice and opportunity for public comment as required by law, the director shall issue regulations which shall become effective not later than one hundred eighty days following publication of the proposed regulations.
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(L. 1993 S.B. 178 § 3)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 414 - Fuel Regulation and Conservation › Section 414.530 - Propane education and research council creation, assessment upon odorized propane — procedure.

Title XXVI TRADE AND COMMERCE
Chapter 414
• Effective - 28 Aug 2012
414.530. Propane education and research council creation, assessment upon odorized propane — procedure. —
1. The director shall conduct a referendum as soon as possible among producers and Missouri retail marketers of propane to authorize the creation of the "Missouri Propane Education and Research Council" and the levying of an assessment on odorized propane. Upon approval of those persons representing two-thirds of the total gallonage of odorized propane voted in the retail marketer class and two-thirds of all propane voted in the producer class, meaning propane sold or produced in the previous calendar year or other representative period, the director shall issue an order establishing the council and call for nominations to the council from qualified industry organizations. All persons voting in the referendum shall certify to the director the number of gallons represented by their vote.
2. Upon petition of the council or of producers and marketers representing thirty-five percent of the gallons in each class, the director shall hold a referendum to determine whether the industry favors termination or suspension of the order. The termination or suspension shall not take effect unless it is approved by those persons representing more than one-half of the total gallonage of odorized propane in the marketer class and one-half of all propane in the producer class.
3. The director may require such reports or documentation as is necessary to document the referendum process and shall protect the confidentiality of all such documentation provided by industry members. Information regarding propane produced or marketed by persons voting shall be a closed record.
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(L. 1993 S.B. 178 § 4, A.L. 2012 H.B. 1251 merged with H.B. 1647)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 414 - Fuel Regulation and Conservation › Section 414.540 - Prevention of violations, action of attorney general — civil penalty — cease and desist order — hearing.

Title XXVI TRADE AND COMMERCE
Chapter 414
• Effective - 28 Aug 1993
414.540. Prevention of violations, action of attorney general — civil penalty — cease and desist order — hearing. —
1. The state courts are vested with jurisdiction specifically to enforce, and to prevent and restrain any person from violating, any provision of sections 414.500 to 414.590 or any regulation promulgated pursuant to sections 414.500 to 414.590. The facts relating to any civil action that may be brought under sections 414.500 to 414.590 shall be referred to the attorney general for appropriate action, except that nothing shall be construed as requiring the director to refer to the attorney general violations of sections 414.500 to 414.590 whenever the director believes that the administration and enforcement of the regulations would be adequately served by administrative action under subsection 2 of this section or suitable written notice or warning to any person committing the violations.
2. Any person who violates any provisions of sections 414.500 to 414.590 or regulations issued by the director under sections 414.500 to 414.590, or who fails or refuses to pay, collect or remit any assessment or fee required of the person thereunder, may be assessed a civil penalty by the director of not less than five hundred dollars nor more than five thousand dollars for each violation. Each violation shall be a separate offense. In addition, or in lieu of such civil penalty, the director may issue an order requiring the person to cease and desist from continuing the violation. No penalty shall be assessed nor a cease and desist order issued unless the person is given notice and opportunity for a hearing before the director with respect to the violation. The order of the director assessing a penalty or imposing a cease and desist order shall be final and conclusive unless the person affected by the order files a petition for review pursuant to chapter 536. Any person who fails to obey a cease and desist order after it has become final shall be subject to a civil penalty assessed by the director, after an opportunity for hearing before the director, of not more than five hundred dollars for each offense. Each day during which the failure continues shall be deemed a separate offense. If any person fails to pay an assessment of a civil penalty after it has become a final order, the director shall refer the matter to the attorney general for recovery of the amount assessed in any appropriate circuit court of the state. In such action, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review.
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(L. 1993 S.B. 178 § 5)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 414 - Fuel Regulation and Conservation › Section 414.550 - Director may conduct investigations — powers of director.

Title XXVI TRADE AND COMMERCE
Chapter 414
• Effective - 28 Aug 1993
414.550. Director may conduct investigations — powers of director. —
The director may make such investigations as the director deems necessary to carry out effectively the director's responsibilities under sections 414.500 to 414.590 or to determine whether a person has engaged or is engaging in any acts or practices that constitute a violation of any provision of sections 414.500 to 414.590 or of any regulation or plan issued under sections 414.500 to 414.590. For the purpose of any investigation, the director is empowered to administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, and documents which are relevant to the inquiry. Such attendance of witnesses and the production of any such records may be required from any place in the state. In case of contumacy by, or refusal to obey a subpoena issued to, any person, the director may seek enforcement thereof in the circuit court of proper venue.
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(L. 1993 S.B. 178 § 6)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 414 - Fuel Regulation and Conservation › Section 414.570 - Assessment, amount — payment — late payment, charges — investment of funds — rulemaking authority.

Title XXVI TRADE AND COMMERCE
Chapter 414
• Effective - 28 Aug 2012
414.570. Assessment, amount — payment — late payment, charges — investment of funds — rulemaking authority. —
1. The council shall set the initial assessment at no greater than one-tenth of one cent per gallon. Thereafter, annual assessments shall be sufficient to cover the costs of the plans and programs developed by the council and approved following public comment. The assessment shall not be greater than one-half cent per gallon of odorized propane. The assessment may not be raised by more than one-tenth of one cent per gallon annually.
2. The owner of propane immediately prior to odorization in this state or the owner at the time of import into this state of odorized propane shall be responsible for the payment of the assessment on the volume of propane at the time of import or odorization, whichever is later. Assessments shall be remitted to the council on a monthly basis by the twenty-fifth of the month following the month of collection. Nonodorized propane shall not be subject to assessment until odorized.
3. The council may by regulation establish an alternative means to collect the assessment if another means is found to be more efficient and effective. The council may by regulation establish a late payment charge and rate of interest not to exceed the legal rate for judgments to be imposed on any person who fails to remit to the council any amount due under sections 414.500 to 414.590.
4. Pending disbursement pursuant to a program, plan or project, the council may invest funds collected through assessments and any other funds received by the council only in obligations of the United States or any agency thereof, in general obligations of any state or any political subdivision thereof, in any interest-bearing account or certificate of deposit of a bank that is a member of the Federal Reserve System, or in obligations fully guaranteed as to principal and interest by the United States.
5. 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, 2012, shall be invalid and void.
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(L. 1993 S.B. 178 § 8, A.L. 2012 H.B. 1251 merged with H.B. 1647)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 414 - Fuel Regulation and Conservation › Section 414.580 - Use of funds, restrictions.

Title XXVI TRADE AND COMMERCE
Chapter 414
• Effective - 28 Aug 1993
414.580. Use of funds, restrictions. —
No funds collected by the council shall be used in any manner for influencing legislation or for campaign contributions, except that the council may recommend to the director changes in sections 414.500 to 414.590 or other statutes that would further the purposes of sections 414.500 to 414.590.
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(L. 1993 S.B. 178 § 9)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 414 - Fuel Regulation and Conservation › Section 414.590 - Construction.

Title XXVI TRADE AND COMMERCE
Chapter 414
• Effective - 28 Aug 1993
414.590. Construction. —
Nothing in sections 414.500 to 414.590 may be construed to preempt or supersede any other program relating to propane gas education and research organized and operated under the laws of the state of Missouri.
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(L. 1993 S.B. 178 § 10)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 415 - Warehouse and Self-Service Storage Facilities › Section 415.010 - Public warehouses, what constitutes — facilities not included as.

Title XXVI TRADE AND COMMERCE
Chapter 415
• Effective - 28 Aug 1985
415.010. Public warehouses, what constitutes — facilities not included as. —
All warehouses or storehouses situated in cities or towns now having or which shall hereafter have over twenty-five thousand inhabitants, and wherein other property than grain is stored for a compensation or consideration, are declared to be public warehouses. For the purposes of sections 415.010 to 415.050, the term
"public warehouse"
shall not include self-service storage facilities governed by sections 415.400 to 415.430.
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(RSMo 1939 § 15476, A.L. 1985 H.B. 204)
Prior revisions: 1929 § 14352; 1919 § 13450; 1909 § 11946
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 415 - Warehouse and Self-Service Storage Facilities › Section 415.020 - License for public warehouse.

Title XXVI TRADE AND COMMERCE
Chapter 415
• Effective - 28 Aug 1985
415.020. License for public warehouse. —
The proprietor, lessee or manager of any public warehouse provided for by sections 415.010 to 415.050 shall be required, before transacting any business in such warehouse, to procure from the circuit court of the county in which such warehouse is situated (or if to procure license for a public warehouse in the city of St. Louis, application shall be made to the circuit court of said city) a license permitting such proprietor, lessee or manager to transact business as a public warehouseman under the laws of this state, which license shall expire on
*
December thirty-first next following issuance thereof, and which shall be otherwise renewed annually as provided under the laws of this state. Such license shall be issued by the clerk of the circuit court upon written application and shall set forth the location and the name of such warehouse, and the individual name of each person interested as owner or principal in the management of same, or if the warehouse be owned or managed by a corporation, the names of the president, secretary and treasurer of such corporation shall be stated; such license shall give authority to carry on and conduct the business of a public warehouse, other than a warehouse for the storage of grain, for any calendar year or portion thereof, shall be renewed annually thereafter in accordance with the laws of this state, and shall be revocable by the circuit court upon a summary proceeding before the court, upon the complaint of any person, in writing, setting forth the particular violation of the law, to be sustained by the satisfactory proof and to be taken in such manner as may be directed by the court.
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(RSMo 1939 § 15477, A.L. 1985 H.B. 204)
Prior revisions: 1929 § 14353; 1919 § 13451; 1909 § 11947
*Word "with" appears in original rolls.
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 415 - Warehouse and Self-Service Storage Facilities › Section 415.030 - Public warehousemen to give bond.

Title XXVI TRADE AND COMMERCE
Chapter 415
• Effective - 28 Aug 1985
415.030. Public warehousemen to give bond. —
The person or persons receiving a license under the provisions of sections 415.010 to 415.050 shall annually file with the clerk of the court granting the same, a surety bond executed by a surety corporation authorized to do business in this state, or a bond with good and sufficient security running to the people of the state of Missouri, to be approved by the court, in the penal sum of twenty-five thousand dollars, or a legal liability insurance policy in the penal sum of twenty-five thousand dollars conditioned for the faithful performance of his or their duties as a public warehouseman or warehousemen, and as security for the payment of all penalties and damages found and adjudged against such warehouseman or warehousemen by due course of law, for the violation of any clause of sections 415.010 to 415.050, and his or their full and unreserved compliance with the laws of this state in relation thereto.
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(RSMo 1939 § 15478, A.L. 1985 H.B. 204)
Prior revisions: 1929 § 14354; 1919 § 13452; 1909 § 11948
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 415 - Warehouse and Self-Service Storage Facilities › Section 415.040 - Transacting business without license — bond — penalty.

Title XXVI TRADE AND COMMERCE
Chapter 415
• Effective - 28 Aug 1985
415.040. Transacting business without license — bond — penalty. —
Any person or persons who shall transact within a city now having or which shall hereafter have a population of twenty-five thousand inhabitants or more, the business of storing for compensation or consideration other property than grain, without first procuring a license and giving a bond or legal liability insurance policy as provided in sections 415.010 to 415.050, who shall continue to transact such business after such license has been revoked, or such bond may have become void or found insufficient security for the penal sum in which it is executed by the court approving the same (save only that he may be permitted to deliver property previously stored in such warehouse), shall be guilty of a misdemeanor, and upon conviction, be fined in a sum not less than one hundred dollars nor more than five hundred dollars for each and every day such business is carried on; and the court that issued may refuse to renew any license, or grant a new one, to any person whose license has been revoked, within one year from the time same was revoked.
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(RSMo 1939 § 15479, A.L. 1985 H.B. 204)
Prior revisions: 1929 § 14355; 1919 § 13453; 1909 § 11949
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 415 - Warehouse and Self-Service Storage Facilities › Section 415.050 - Compliance with sections 415.010 to 415.050 mandatory, when.

Title XXVI TRADE AND COMMERCE
Chapter 415
• Effective - 28 Aug 1985
415.050. Compliance with sections 415.010 to 415.050 mandatory, when. —
1. It shall be unlawful for any person, firm, partnership, association or corporation required by sections 415.010 to 415.050 to be licensed to hold himself, themselves, or itself out as a public warehouseman or warehousemen, or advertise for, or solicit business as a warehouseman without first complying with the provisions of sections 415.010 to 415.050; or to use the word "storage" in any way in connection with the business unless engaged in the storage business and licensed as a warehouse as provided by sections 415.010 to 415.050.
2. The provisions of sections 415.010 to 415.050 shall not apply to self-service storage facilities governed by sections 415.400 to 415.430.
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(RSMo 1939 § 15481, A.L. 1985 H.B. 204)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 415 - Warehouse and Self-Service Storage Facilities › Section 415.400 - Title of act.

Title XXVI TRADE AND COMMERCE
Chapter 415
• Effective - 28 Aug 2014
415.400. Title of act. —
Sections 415.400 to 415.425 shall be known and may be cited as the "Self-Service Storage Facilities Act".
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(L. 1985 H.B. 204 § 2, A.L. 2014 H.B. 1225)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 415 - Warehouse and Self-Service Storage Facilities › Section 415.405 - Definitions.

Title XXVI TRADE AND COMMERCE
Chapter 415
• Effective - 28 Aug 2014, 2 histories
415.405. Definitions. —
As used in sections 415.400 to 415.425, the following terms shall mean:
(1)
"Default"
, the failure to perform on time any obligation or duty set forth in a rental agreement;
(2)
"Electronic mail"
, an electronic message or an executable program or computer file that contains an image of a message that is transmitted between two or more computers or electronic terminals and includes electronic messages that are transmitted within or between computer networks;
(3)
"Last known address"
, that postal address or electronic mail address provided by the occupant in the latest rental agreement or the postal or electronic mail address provided by the occupant in a subsequent written notice of a change of address, one of which may be designated in writing by the occupant as the preferred method of contact which shall be used by the operator;
(4)
"Leased space"
, the individual storage space at the self-service facility which is rented to an occupant pursuant to a rental agreement;
(5)
"No commercial value"
, includes but not limited to any property offered for sale in a commercially reasonable manner that receives no bid or offer;
(6)
"Occupant"
, a person, lessee, sublessee, successor or assignee entitled to the use of a leased space at a self-service storage facility under a rental agreement;
(7)
"Operator"
, the owner, operator, lessor or sublessor of a self-service storage facility, or an agent or any other person authorized to manage the facility; except that, the term "operator" does not include a warehouseman, unless the operator issues a warehouse receipt, bill of lading, or other document of title for the personal property stored;
(8)
"Personal property"
, movable property which is not affixed to land, including, but not limited to, goods, wares, merchandise, motor vehicles, watercraft, household items, and furnishings;
(9)
"Private sale"
, a sale negotiated and concluded directly between the buyer and seller;
(10)
"Public sale"
, a sale made after public notice and includes but is not limited to a sale at the self-service storage facility or a sale conducted online at a publicly accessible website;
(11)
"Rental agreement"
, any written contract or agreement that establishes or modifies the terms, conditions or rules concerning the use and occupancy of a self-service storage facility, which is signed by the occupant and the operator;
(12)
"Self-service storage facility"
, any real property used for renting or leasing individual storage spaces in which the occupants themselves customarily store and remove their own personal property on a self-service basis;
(13)
"Verified mail"
, any method of mailing that is offered by the United States Postal Service or private delivery service that provides evidence of mailing.
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(L. 1985 H.B. 204 § 3, A.L. 2003 H.B. 512 merged with S.B. 373, A.L. 2014 H.B. 1225)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 415 - Warehouse and Self-Service Storage Facilities › Section 415.410 - Leased space not to be used as residence — operator may enter space, when — occupant to furnish operator certain information — limitation on value of property in agreement, maximum liability amount.

Title XXVI TRADE AND COMMERCE
Chapter 415
• Effective - 28 Aug 2014, 2 histories
415.410. Leased space not to be used as residence — operator may enter space, when — occupant to furnish operator certain information — limitation on value of property in agreement, maximum liability amount. —
1. An operator may not knowingly permit a leased space at a self-service storage facility to be used for residential purposes. An occupant may not use a leased space for residential purposes.
2. An operator may enter the leased space at all times which are reasonably necessary to insure the protection and preservation of the self-service storage facility or any personal property stored therein.
3. Prior to placing any personal property into his or her leased space, each occupant shall deliver a written statement to the operator or indicate in the rental agreement of such leased space containing the name and address of each person having a valid lien against such personal property and the name and address of any third-party owner of personal property stored or to be stored in the leased space along with a description of such personal property.
4. The lessee shall be informed in writing that the lessor either does or does not have casualty insurance on the lessee's property.
5. If the rental agreement contains a limit on the value of property stored in occupant's space, such limit shall be deemed to be the maximum value of the stored property and the maximum liability of the owner for any claim for loss of or damage to stored property.
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(L. 1985 H.B. 204 § 4, A.L. 2003 H.B. 512 merged with S.B. 373, A.L. 2014 H.B. 1225)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 415 - Warehouse and Self-Service Storage Facilities › Section 415.417 - Late fee assessed, when, amount — recovery of expenses, when.

Title XXVI TRADE AND COMMERCE
Chapter 415
• Effective - 28 Aug 2014, 2 histories
415.417. Late fee assessed, when, amount — recovery of expenses, when. —
1. For the purposes of this section,
"late fee"
means a fee or charge assessed by an operator for an occupant's failure to pay rent when due. A late fee is not interest on a debt, nor is a late fee a reasonable expense which the operator may incur in the course of collecting unpaid rent in enforcing his or her lien rights pursuant to sections 415.400 to 415.425, or enforcing any other remedy provided by statute or contract.
2. Any late fee charged by the operator shall be stated in the rental agreement. No late fee shall be collected unless it is written in the rental agreement or an addendum to such agreement.
3. An operator may impose a reasonable late fee for each month an occupant does not pay rent when due.
4. A late fee of twenty dollars or twenty percent of the monthly rental amount, whichever is greater, for each late rental payment shall be deemed reasonable, and shall not constitute a penalty.
5. An operator may set a late fee other than that permitted in subsection 4 of this section if such fee is reasonable. The operator shall have the burden of proof that a higher late fee is reasonable.
6. The operator may recover all reasonable rent collection and lien enforcement expenses from the occupant in addition to any late fees incurred.
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(L. 2001 H.B. 453, A.L. 2014 H.B. 1225)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 415 - Warehouse and Self-Service Storage Facilities › Section 415.420 - Purchaser in good faith, not subject to certain liens — operator, limited liability, right to deny occupant access, when — notices, how and where sent.

Title XXVI TRADE AND COMMERCE
Chapter 415
• Effective - 28 Aug 2014, 2 histories
415.420. Purchaser in good faith, not subject to certain liens — operator, limited liability, right to deny occupant access, when — notices, how and where sent. —
1. A purchaser in good faith of any personal property sold under sections 415.400 to 415.425 takes the property free and clear of any rights of any persons against whom the lien was valid and other lienholders.
2. If the operator complies with the provisions of sections 415.400 to 415.425, the operator's liability to the occupant shall be limited to the net proceeds received from the sale of the personal property, and to other lienholders shall be limited to the net proceeds received from the sale of any personal property covered by the other lien.
3. If an occupant is in default, the operator may deny the occupant access to the leased space.
4. Unless otherwise specifically provided in sections 415.400 to 415.425, all notices required by sections 415.400 to 415.425 shall be sent by verified mail or electronic mail to the last known address as defined in section 415.400. Notices sent to the operator shall be sent to the self-service storage facility where the occupant's property is stored. Notices to the occupant shall be sent to the occupant at the occupant's last known address. Notices shall be deemed delivered when deposited with the United States postal service, properly addressed as provided in subsection 4 of section 415.415, with postage prepaid or sent via electronic mail to the last known address.
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(L. 1985 H.B. 204 § 6, A.L. 2003 H.B. 512 merged with S.B. 373, A.L. 2014 H.B. 1225)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 415 - Warehouse and Self-Service Storage Facilities › Section 415.425 - Care and control of stored property vested in occupant, exception.

Title XXVI TRADE AND COMMERCE
Chapter 415
• Effective - 28 Aug 2014
415.425. Care and control of stored property vested in occupant, exception. —
Except as provided in subsection 3 of section 415.420, unless the rental agreement specifically provides otherwise and until a lien sale under sections 415.400 to 415.425, the exclusive care, custody and control of all personal property stored in the leased self-service storage space remains vested in the occupant.
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(L. 1985 H.B. 204 § 7, A.L. 2014 H.B. 1225)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.011 - Title of act.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 1974
416.011. Title of act. —
Sections 416.011 to 416.161 may be known and shall be cited as the "Missouri Antitrust Law".
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(L. 1974 S.B. 424)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.021 - Definitions.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 1974
416.021. Definitions. —
Unless a different meaning is clearly indicated by the context, for the purposes of sections 416.011 to 416.161:
(1)
"Commodity"
means any kind of real, personal or mixed property, but does not include the labor of a human being;
(2)
"Person"
means any individual, corporation, firm, partnership, incorporated or unincorporated association or any other legal or commercial entity;
(3)
"Service"
means any kind of activity performed in whole or in part for financial gain but does not include labor which is performed by individuals as employees of others;
(4)
"Trade or commerce"
means any economic activity involving or relating to any commodity or service.
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(L. 1974 S.B. 424)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.031 - Restraint of trade prohibited.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 1974
416.031. Restraint of trade prohibited. —
1. Every contract, combination or conspiracy in restraint of trade or commerce in this state is unlawful.
2. It is unlawful to monopolize, attempt to monopolize, or conspire to monopolize trade or commerce in this state.
3. It is unlawful for any person
*
engaged in trade or commerce in this state, in the course of such trade or commerce, to lease or make a sale or contract for sale of any commodity, whether patented or unpatented, for use, consumption, or resale within this state, or fix a price charged therefor, or discount from, or rebate upon, such price, on the condition, agreement, or understanding that the lessee or purchaser thereof shall not use or deal in the commodities of a competitor or competitors of the lessor or seller, where the effect of such lease, sale, or contract for such sale or such condition, agreement, or understanding may be to substantially lessen competition or tend to create a monopoly in any line of trade or commerce in this state.
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(L. 1974 S.B. 424)
*Word "persons" appears in original rolls.
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.041 - Exempt organizations and activities.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 29 May 1991, see footnote
416.041. Exempt organizations and activities. —
1. Nothing contained in the Missouri antitrust law shall be construed to forbid the existence or operation of:
(1) Any labor organization instituted for the purpose of mutual help and not conducted for profit, or of individual members thereof as to any activities which are directed solely to labor objectives which activities are lawful under the laws of either this state or the United States;
(2) Any agricultural or horticultural organization instituted for the purpose of mutual help and not conducted for profit, or of individual members thereof as to any activities which are directed solely to activities of such organizations which activities are lawful under the laws of either this state or the United States.
2. Nothing contained in the Missouri antitrust law shall be construed to apply to activities or arrangements expressly approved or regulated by any regulatory body or officer acting under statutory authority of this state or of the United States.
3. Nothing contained in the Missouri antitrust laws shall be construed to apply to or prohibit written territorial agreements dealing with the distribution or sale of electrical energy entered into between rural electrical cooperatives, electrical corporations and municipally owned utilities, if such territorial agreements have been approved by the public service commission pursuant to the provisions of chapter 394, or to apply to or prohibit written territorial agreements dealing with the sale or distribution of water entered into between public water supply districts, water corporations subject to public service commission jurisdiction, and municipally owned utilities, if such territorial agreements have been approved by the public service commission pursuant to the provisions of section 247.172.
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(L. 1974 S.B. 424, A.L. 1988 S.B. 689, A.L. 1989 H.B. 813, A.L. 1991 H.B. 299)
Effective 5-29-91
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.051 - Penalties — attorney general to prosecute — civil penalty for contempt.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 1974
416.051. Penalties — attorney general to prosecute — civil penalty for contempt. —
1. Any person who violates any of the provisions of subsection
*
1 or 2 of section 416.031 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of up to fifty thousand dollars or by imprisonment in the county jail for a term not to exceed one year, or by both such punishments at the discretion of the court. The attorney general shall not commence prosecutions under this section against any defendant who, at the time, is a defendant with regard to any current information or indictment filed by the United States for violation, or alleged violation, of the Federal Antitrust Statutes involving substantially the same subject matter.
2. The attorney general, with such assistance as he may require from the appropriate county prosecuting attorney, shall investigate suspected criminal violations of sections 416.011 to 416.161 and shall commence and try all criminal prosecutions under sections 416.011 to 416.161. Prosecutions under sections 416.011 to 416.161 may be commenced by information or indictment. With regard to the investigation, commencement and trial of such prosecutions, the attorney general shall have all the powers and duties vested in him by law with respect to criminal investigations and prosecutions generally. All reasonable and necessary expenses incurred by a prosecuting attorney or his staff in assisting the attorney general shall be reimbursed from appropriations made to the attorney general.
3. Any person who is found to be in contempt of any court order issued to enforce the provisions of section 416.031 arising out of any proceeding brought by the attorney general shall forfeit and pay to the state a civil penalty of not more than twenty thousand dollars. For the purposes of this section, the circuit court issuing any such court order enforcing the provisions of section 416.031 shall retain jurisdiction, and the cause shall be continued, and in such cases the attorney general acting in the name of the state may petition for recovery of civil penalties.
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(L. 1974 S.B. 424)
*Word "subsections" appears in original rolls.
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.071 - Injunctive relief by circuit courts authorized.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 1974
416.071. Injunctive relief by circuit courts authorized. —
1. In addition to all other remedies provided by sections 416.011 to 416.161, the circuit courts of this state are invested with jurisdiction to grant such preliminary or permanent injunctive relief and to issue such temporary restraining orders as necessary to prevent and restrain violations of section 416.031.
2. In any civil action brought under sections 416.011 to 416.161, in addition to granting such prohibitory injunctions and other restraints as it deems expedient to deter the defendant from, and secure against, his committing a future violation of sections 416.011 to 416.161, the court may grant such mandatory relief as is reasonably necessary to restore or preserve fair competition in the trade or commerce affected by the violation.
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(L. 1974 S.B. 424)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.081 - Antitrust revolving fund — how used — source of funds.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 1974
416.081. Antitrust revolving fund — how used — source of funds. —
1. There is created a revolving fund for the office of the attorney general to be known as the "Antitrust Revolving Fund", which shall consist of money transferred by the general assembly of the state of Missouri from the general revenue fund to be credited to such fund, and any money paid into the state treasury and required by law to be credited to such fund. This fund shall be kept separate and apart from all other moneys in the state treasury and shall be paid out by the state treasurer upon warrants issued by the state auditor as certified to by the commissioner of administration, upon verified vouchers of the attorney general.
2. Such money, after appropriation pursuant to law, shall be available for the payment of all costs and expenses incurred by the attorney general in investigation, prosecution or enforcement of the provisions of sections 416.011 to 416.161 or federal laws relating to antitrust, trade regulation, restraint of trade or price fixing activities.
3. Ten percent of all recoveries obtained by the attorney general pursuant to the authority conferred upon him by sections 416.011 to 416.161, whether by settlement or by judgment, shall be paid into the state treasury to the credit of the antitrust revolving fund. All moneys recovered as court costs by the attorney general pursuant to litigation brought under the authority of sections 416.011 to 416.161 or federal laws relating to antitrust, trade regulation, restraint of trade or price fixing activities, shall be paid into the state treasury to the credit of the antitrust revolving fund.
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(L. 1974 S.B. 424)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 416 - Monopolies, Discriminations and Conspiracies › Section 416.111 - Refusal to testify prohibited — criminal immunity granted.

Title XXVI TRADE AND COMMERCE
Chapter 416
• Effective - 28 Aug 1974
416.111. Refusal to testify prohibited — criminal immunity granted. —
In any investigation or proceeding brought to enforce the provisions of sections 416.011 to 416.161, no individual shall be permitted to refuse to answer any question material to the matter in controversy or to refuse to produce documentary material on the ground that the testimony or documentary material required of him may tend to incriminate him or subject him to a penalty; but no such person shall be subject to criminal prosecution or to any action for a criminal penalty or forfeiture on account of any transaction, matter or thing concerning which he may testify or produce documentary material.
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(L. 1974 S.B. 424)