FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 355.146 — MO Code / Chapter 355 / Section 355.146
355.146 Corporate name requirements.
Status: in_force

355.146. Corporate name requirements. — 1. A corporate name may not contain language stating or implying that the corporation is organized for a purpose other than that permitted by section 355.126 and its articles of incorporation.

2. Except as authorized by subsection 3 of this section, a corporate name must be distinguishable upon the records of the secretary of state from any domestic or foreign corporation, limited partnership, limited liability partnership, limited liability limited partnership, or limited liability company existing under any law of this state or any foreign corporation authorized to transact business in this state, or any business entity organized, reserved, or registered under the laws of this state or a name the exclusive right to which is, at the time, reserved.

3. A corporation may use the name, including the fictitious name, of another domestic or foreign business or nonprofit corporation that is used in this state if the other corporation is incorporated or authorized to do business in this state and the proposed user corporation:

(1) Has merged with the other corporation;

(2) Has been formed by reorganization of the other corporation; or

(3) Has acquired all or substantially all of the assets, including the corporate name, of the other corporation.

4. This chapter does not control the use of fictitious names.

(L. 1994 H.B. 1095, A.L. 2004 H.B. 1664)
Mo. Rev. Stat. § 210.720 — MO Code / Chapter 210 / Section 210.720
210.720 Court-ordered custody — written report of status required for court review, ...
Status: in_force

210.720. Court-ordered custody — written report of status required for court review, when — permanency hearing when, purpose. — 1. In the case of a child who has been placed in the custody of the children's division in accordance with subdivision (17) of subsection 1 of section 207.020 or another authorized agency by a court or who has been placed in foster care by a court, every six months after the placement, the foster family, group home, agency, or child care institution with which the child is placed shall file with the court a written report on the status of the child. The court shall review the report and shall hold a permanency hearing within twelve months of initial placement and at least annually thereafter. The permanency hearing shall be for the purpose of determining in accordance with the best interests of the child a permanent plan for the placement of the child, including whether or not the child should be continued in foster care or whether the child should be returned to a parent, guardian or relative, or whether or not proceedings should be instituted by either the juvenile officer or the division to terminate parental rights and legally free such child for adoption.

2. In such permanency hearings the court shall consider all relevant factors including:

(1) The interaction and interrelationship of the child with the child's foster parents, parents, siblings, and any other person who may significantly affect the child's best interests;

(2) The child's adjustment to his or her foster home, school and community;

(3) The mental and physical health of all individuals involved, including any history of abuse of any individuals involved. If the child is in the care of an authorized agency based on an allegation that the child has abused another child and the court determines that such abuse occurred, the court shall not return the child to or permit the child to reside in any residence located within one thousand feet of the residence of the abused child, or any child care facility or school that the abused child attends, until the abused child reaches eighteen years of age. The prohibitions of this subsection shall not apply where the alleged abuse occurred between siblings; and

(4) The needs of the child for a continuing relationship with the child's parents and the ability and willingness of parents to actively perform their functions as mother and father for the needs of the child.

3. The judge shall make written findings of fact and conclusions of law in any order pertaining to the placement of the child.

(L. 1982 H.B. 1171, et al., A.L. 1990 H.B. 1370, et al., A.L. 1998 H.B. 1822 merged with S.B. 674, A.L. 2005 S.B. 155, A.L. 2014 H.B. 1299 Revision)
Mo. Rev. Stat. § 138.433 — MO Code / Chapter 138 / Section 138.433
138.433 Pleadings, when deemed filed.
Status: in_force

138.433. Pleadings, when deemed filed. — In determining whether pleadings are filed within the time allowed by law, such pleadings may be transmitted to the state tax commission by registered mail. Pleadings so filed shall be deemed filed with the commission as of the date deposited with the United States Postal Service as shown by the record of such mailing.

(L. 1983 S.B. 63, et al.)
Mo. Rev. Stat. § 579.086 — MO Code / Chapter 579 / Section 579.086
579.086 Unlawful delivery of a controlled substance by manufacturer or distributor ...
Status: in_force

579.086. Unlawful delivery of a controlled substance by manufacturer or distributor — penalty. — 1. A manufacturer or distributor, or an employee of a manufacturer or distributor, commits the offense of unlawful delivery of a controlled substance when he or she knowingly delivers a controlled substance while acting recklessly as to whether the controlled substance will be used in violation of this chapter.

2. The offense of unlawful delivery of a controlled substance by a manufacturer or distributor is a class E felony.

(L. 1989 S.B. 215 & 58, A.L. 2014 S.B. 491) Transferred 2014; formerly 195.254; Effective 1-01-17
Mo. Rev. Stat. § 375.1158 — MO Code / Chapter 375 / Section 375.1158
375.1158 Provisions apply prospectively, exceptions — restrictions on insurer in ...
Status: in_force

375.1158. Provisions apply prospectively, exceptions — restrictions on insurer in delinquency proceeding. — 1. Unless otherwise provided, the portions of sections 375.1150 to 375.1246 which substantively affect the rights of any person shall be only applicable prospectively. The provisions of sections 375.650 to 375.700 , sections 375.740 and 375.750 , and sections 375.950 to 375.990 shall be effective and apply only to proceedings instituted pursuant to those sections prior to August 28, 1991. The provisions of sections 375.1150 to 375.1246 which are procedural in nature and which do not conflict with any provision of sections 375.570 to 375.750 and sections 375.950 to 375.990 applicable to any proceeding instituted prior to August 28, 1991, shall be applicable to proceedings instituted prior to August 28, 1991; provided that the provisions of this subsection shall not affect any final order entered by a court of competent jurisdiction prior to August 28, 1991.

2. No insurer that is subject to any delinquency proceedings, whether formal or informal, administrative or judicial, shall:

(1) Be released from such proceeding, unless such proceeding is converted into a judicial rehabilitation or liquidation proceeding;

(2) Be permitted to solicit or accept new business or request or accept the restoration of any suspended or revoked license or certificate of authority;

(3) Be returned to the control of its shareholders or private management; or

(4) Have any of its assets returned to the control of its shareholders or private management. Until all payments of or on account of the insurer's contractual obligations by all guaranty associations and all expenses on account of such delinquency proceedings, along with all expenses thereof and interest on all such payments and expenses, shall have been repaid to the department of commerce and insurance and guaranty associations or a plan of repayment by the insurer shall have been approved by the director. Moneys collected by the director pursuant to this section shall be transferred to the state treasurer and deposited to the general revenue fund.

3. In any delinquency proceeding under sections 375.1150 to 375.1246 , certified copies of the statement made by the company proceeded against, or of reports of examinations of the company made by the director or persons appointed by him, shall be received, if offered by the director, as prima facie evidence of the facts therein contained pertaining to the condition and affairs of the insurer.

(L. 1991 H.B. 385, et al. § 55, A.L. 1992 H.B. 1574)
Mo. Rev. Stat. § 547.070 — MO Code / Chapter 547 / Section 547.070
547.070 Appeals — when granted.
Status: in_force

547.070. Appeals — when granted. — In all cases of final judgment rendered upon any indictment or information, an appeal to the proper appellate court shall be allowed to the defendant, provided, defendant or his attorney of record shall during the term at which the judgment is rendered file his written application for such appeal.

(RSMo 1939 § 4130) Prior revisions: 1929 § 3740; 1919 § 4086; 1909 § 5292 (1951) Where no appeal was applied for within the time provided by this section and no writ of error was applied for or issued within time fixed by supreme court rule 1.34, the supreme court has no jurisdiction of the appeal. State v. Smith (Mo.), 242 S.W.2d 515. (1952) Where record showed motion for new trial filed and overruled but failed to show allocution, sentence and judgment, appeal was premature and cause must be remanded. State v. Bledsoe (Mo.), 249 S.W.2d 457; (1952) State v. Skaggs (Mo.), 248 S.W.2d 635. (1957) Notice of appeal procedure specified by supreme court rule 28.03 has superseded this statute. State v. Amsden (Mo.), 299 S.W.2d 498. (1984) A suspended imposition of sentence is not a final judgment for purposes of appeal. State v. Lynch (Mo. banc), 679 S.W.2d 858. (1994) Defendant may not appeal from conviction in which imposition of sentence was suspended, because suspended imposition of sentence is not final appealable judgment as required by section. State v. Detherage, 869 S.W.2d 293 (Mo. App. E.D.).
Mo. Rev. Stat. § 227.440 — MO Code / Chapter 227 / Section 227.440
227.440 Col. Stephen Scott Memorial Highway designated for a portion of I-64 in St. ...
Status: in_force

227.440. Col. Stephen Scott Memorial Highway designated for a portion of I-64 in St. Charles County. — The portion of Highway 94 from the intersection with Interstate 64 to Mid Rivers Mall Drive/Pitman Hill Road in St. Charles County shall be designated as the "Col. Stephen Scott Memorial Highway". The department of transportation shall erect and maintain appropriate signs designating such highway, with the costs of such designation to be paid for by private donation .

(L. 2016 H.B. 2591, et al.)
Mo. Rev. Stat. § 167.164 — MO Code / Chapter 167 / Section 167.164
167.164 Suspension or expulsion not to relieve duty to educate — district to pay ...
Status: in_force

167.164. Suspension or expulsion not to relieve duty to educate — district to pay costs of alternative education — voucher — district may contract for alternative education services. — 1. Any suspension issued pursuant to section 167.161 , or this section, or expulsion pursuant to section 167.161 , shall not relieve the state or the suspended student's parents or guardians of their responsibilities to educate the student. School districts are encouraged to provide an in-school suspension system and to search for other acceptable discipline alternatives prior to using suspensions of more than ten days or expelling a student from the school. Each school district or special school district constituting the domicile of any child for whom alternative education programs are provided or procured under this section shall pay toward the per pupil costs for alternative education programs for such child. A school district which is not a special school district shall pay an amount equal to the average sum produced per child by the local tax effort of the district of domicile. A special school district shall pay an amount not to exceed the average sum produced per child by the local tax efforts of the domiciliary districts. When educational services have been provided by the school district or special school district in which a child actually resides, other than the district of domicile, the amounts as provided in subsection 2 of this section * for which the domiciliary school district or special school district is responsible shall be paid by such district directly to the serving district. The school district, or special school district, as the case may be, shall send a written voucher for payment to the regular or special district constituting the domicile of the child served and the domiciliary school district or special school district receiving such voucher shall pay the district providing or procuring the services an amount not to exceed the average sum produced per child by the local tax efforts of the domiciliary districts. In the event the responsible district fails to pay the appropriate amount to the district within ninety days after a voucher is submitted, the state department of elementary and secondary education shall deduct the appropriate amount due from the next payments of any state financial aid due that district and shall pay the same to the appropriate district.

2. A school district may contract with other political subdivisions, public agencies, not-for-profit organizations, or private agencies for the provision of alternative education services for students whose demonstrated disruptive behavior indicates that they cannot be adequately served in the traditional classroom setting. Such contracting may be included as part of a grant application pursuant to section 167.335 or conducted independent of the provisions of section 167.335 .

(L. 1996 H.B. 1301 & 1298 § 5) *Words "of this section" do not appear in original rolls.
Mo. Rev. Stat. § 242.040 — MO Code / Chapter 242 / Section 242.040
242.040 Objections — procedure.
Status: in_force

242.040. Objections — procedure. — 1. Any owner of real estate or other property in said proposed district, who may not have signed said articles of association, objecting to the organization and incorporation of said drainage district, shall, on or before the first day of the term of court at which the cause is to be heard, file his objection or objections why such drainage district should not be organized and incorporated. Such objection or objections shall be limited to a denial of the statements in the articles of association, and shall be heard by the court in a summary manner, without unnecessary delay, and in case all such objections are overruled, the circuit court shall by its order, duly entered of record, duly declare and decree said drainage district a public corporation of this state, for a term not exceeding the time mentioned in said articles of association signed and filed. If the court finds that the property set out in said articles of association should not be incorporated into a drainage district, it shall dismiss said proceedings and adjudge the costs against the signers of said articles of association in proportion to the acreage represented by each.

2. Any person having signed the articles of association shall have no right to have said proceedings dismissed as to him without the written consent of the majority in acreage of the owners who signed said articles. The articles of association may be amended as any other pleading.

3. Within sixty days after the said district has been declared a corporation by the court, the clerk thereof shall transmit to the secretary of state a certified copy of the findings and decree of the court incorporating said district, and the same shall be filed in the office of the secretary of state in the same manner as articles of incorporation are now required to be filed under the general law concerning corporations.

4. A copy of said findings and decree, together with a plat of the district, shall also be filed in the office of the county recorder in each of the counties having lands and other property in said district, where the same shall become a permanent record, and each such recorder shall receive a fee of one dollar for filing and preserving the same.

(RSMo 1939 § 12326) Prior revisions: 1929 § 10745; 1919 § 4380; 1909 § 5499
Mo. Rev. Stat. § 483.235 — MO Code / Chapter 483 / Section 483.235
483.235 Liable on bond for acts of his deputies.
Status: in_force

483.235. Liable on bond for acts of his deputies. — The clerk of the supreme court shall be liable on his official bond for the acts of his deputies in the discharge of their duties as such.

(RSMo 1939 § 13280, A.L. 1978 H.B. 1634) Prior revisions: 1929 § 11661; 1919 § 2107; 1909 § 2670 Effective 1-02-79
Mo. Rev. Stat. § 231.460 — MO Code / Chapter 231 / Section 231.460
231.460 Distribution formula — highways and transportation commission rules not ...
Status: in_force

231.460. Distribution formula — highways and transportation commission rules not applicable. — 1. Of the total amount appropriated each year, five percent shall be paid to the city of St. Louis, and the city of St. Louis shall not otherwise participate in any distribution from the appropriation as either a city or county.

2. Of the remainder, two-thirds shall be paid to the various counties of the state on the same basis as county aid road trust funds are distributed as provided in Article IV, Section 30(a)(1) of the Missouri Constitution, and shall be expended as provided in section 231.441 .

3. The remainder shall be distributed to the various cities of the state in the same manner as road funds are distributed to the incorporated cities, towns and villages within the state as provided in Article IV, section 30(a)(2), Constitution of Missouri, and for the same purposes enumerated therein, but the distribution shall not take into account whether or not a city, town, or village once levied a motor fuel tax. The state highways and transportation commission shall not have any authority to promulgate rules and regulations concerning the expenditure of such funds.

(L. 1979 S.B. 109 § 3)
Mo. Rev. Stat. § 532.500 — MO Code / Chapter 532 / Section 532.500
532.500 Prisoner remanded, when.
Status: in_force

532.500. Prisoner remanded, when. — If a prisoner be not entitled to his discharge, and be not bailed, the court before whom the proceedings are had shall remand him to the custody or place him under the restraint from which he was taken, if the person under whose custody or restraint he was, be entitled thereto; if not so entitled, then he shall be committed to the custody of such officer or person as by law is entitled thereto.

(RSMo 1939 § 1632, A.L. 1978 H.B. 1634) Prior revisions: 1929 § 1468; 1919 § 1918; 1909 § 2483 Effective 1-02-79
Mo. Rev. Stat. § 370.120 — MO Code / Chapter 370 / Section 370.120
370.120 Annual examination or audit report, exception — subpoena power.
Status: in_force

370.120. Annual examination or audit report, exception — subpoena power. — 1. The director of the division of credit unions, in person or by his or her agents, shall examine each credit union annually and at other times as he or she shall direct, and at all times shall have free access to all books, papers, securities and other sources of information pertaining to the credit union; except that the division of credit unions shall examine qualifying credit unions, as determined by the director, at least once each eighteen calendar months.

2. The director of the division of credit unions and his or her agents may subpoena and examine witnesses under oath or affirmation, and documents pertaining to the business of the credit unions.

3. The director of the division of credit unions may accept, in lieu of making an annual examination of a credit union, an audit report of the condition of the credit union made by an auditor approved by the director of the division of credit unions for the purpose of making such credit union audits, the cost of which audit shall be borne by the credit union.

4. The director of the division of credit unions may accept, in lieu of conducting an annual examination of a credit union, a final examination report of the credit union made by the federal credit union insurer.

(RSMo 1939 § 5526, A.L. 1945 p. 689, A.L. 1945 p. 720, A. 1949 H.B. 2091, A.L. 1955 p. 259, A.L. 1959 S.B. 127, A.L. 1972 S.B. 502, A.L. 2002 H.B. 1921, A.L. 2020 S.B. 599) Prior revision: 1929 § 5084
Mo. Rev. Stat. § 379.1867 — MO Code / Chapter 379 / Section 379.1867
379.1867 Violations, monetary penalty or sanction of license.
Status: in_force

379.1867. Violations, monetary penalty or sanction of license. — An insurer that violates an order of the director while the order is in effect may, after notice and hearing and upon order of the director, be subject at the discretion of the director to either or both of the following:

(1) Payment of a monetary penalty of not more than one thousand dollars per violation, not to exceed an aggregate penalty of one hundred thousand dollars, unless the violation was committed flagrantly in a conscious disregard of sections 379.1850 to 379.1869 , in which case the penalty shall not be more than twenty-five thousand dollars for each violation, not to exceed an aggregate penalty of two hundred fifty thousand dollars; or

(2) Suspension or revocation of the insurer's license.

(L. 2023 S.B. 101)
Mo. Rev. Stat. § 67.2805 — MO Code / Chapter 67 / Section 67.2805
67.2805 Rulemaking authority.
Status: in_force

67.2805. Rulemaking authority. — 1. The authority may, as needed, promulgate administrative rules and regulations relating to the following:

(1) Guidelines and specifications for administering the property assessed clean energy local finance fund; and

(2) Any clarification to the definitions of energy efficiency improvement and renewable energy improvement as the authority may determine is necessary or advisable.

2. 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 under 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, 2010, shall be invalid and void.

(L. 2010 H.B. 1692, et al.)
Mo. Rev. Stat. § 569.175 — MO Code / Chapter 569 / Section 569.175
569.175 Unlawfully gaining entry into a motor vehicle, offense of — penalty.
Status: in_force

569.175. Unlawfully gaining entry into a motor vehicle, offense of — penalty. — 1. A person commits the offense of unlawfully gaining entry into motor vehicles if the person lifts the door handles or otherwise tries the doors and locks of successive motor vehicles to gain entry into the motor vehicles for the purpose of committing the offense of stealing unless the person is the owner of the motor vehicles or has the owners' permission to enter the motor vehicles. For purposes of this section, "successive" means lifting the door handles or otherwise trying the doors and locks of one vehicle after another.

2. The offense of unlawfully gaining entry into motor vehicles is a class A misdemeanor.

(L. 2025 S.B. 71)
Mo. Rev. Stat. § 435.375 — MO Code / Chapter 435 / Section 435.375
435.375 Representation by attorney.
Status: in_force

435.375. Representation by attorney. — A party has the right to be represented by an attorney at any proceeding or hearing under sections 435.350 to 435.470 . A waiver thereof prior to the proceeding or hearing is ineffective.

(L. 1980 H.B. 1203 § 6)
Mo. Rev. Stat. § 542.261 — MO Code / Chapter 542 / Section 542.261
542.261 Peace officer defined.
Status: in_force

542.261. Peace officer defined. — As used in sections 542.261 to 542.296 and section 542.301 , the term "peace officer" means a police officer or * member of the highway patrol to the extent otherwise permitted by law to conduct searches, sheriff or deputy sheriff.

(L. 1974 S.B. 366 § 1, A.L. 2004 S.B. 920, A.L. 2010 H.B. 1868) *Word "or" does not appear in original rolls.