Missouri

Ag opinion

8,449 sections

No. 1-64It is the duty of the prosecuting attorney to advise the county court and the Board of Trustees of a county hospital concerning all legal matters involving the hospital. It is the duty of the prosecuting attorney to collect delinquent bills owed such hospital. The county court may authorize the prosecuting attorney to employ associate counsel if suits are instituted for the collection of such accounts outside the county in which the hospital is located or outside the State of Missouri.
No. 1-68It is therefore the opinion of this office that: (a) After an operator of a freight-carrying motor vehicle claiming the exemption from Public Service Commission regulation provided by Section 390.030 (8), RSMo, is apprehended with a gross weight in excess of six thousand pounds, he may remove the excess weight and proceed without being in violation of Section 301.070, RSMo, for such continued travel. Although he is liable to prosecution for having operated an improperly licensed vehicle, the exemption of the vehicle under Section 390.030 is not lost by reason of an isolated instance of operating a freight-carrying motor vehicle with a gross weight of more than six thousand pounds. (b) The licensing and registration of a commercial motor vehicle may be changed from time to time to coincide with the use to which it is intended to be put. An owner having no further use for a license authorizing a gross weight of twelve thousand pounds may relinquish it and secure a license authorizing a gross weight not in excess of six thousand pounds.
No. 1-72Opinion letter to Mr. Charles O'Halloran
No. 1-75Opinion letter to Herbert R. Domke , M.D.
No. 1-76Opinion letter to the Honorable Richard M. Webster
No. 1-79The county court of a third class county may, under certain circumstances, lease space in the county courthouse for a proper charge to an auto license fee agent, or to the Social Security Administration and may provide free space to the State Highway Patrol.
No. 1-80Opinion Letter to The Honorable James F. Antonio
No. 1-81Opinion letter to The Honorable James F. Antonio
No. 1-82Opinion letter to Paul R. , Ph.D., M.P.A.
No. 1-85Opinion letter to The Honorable Roger Wilson
No. 1-86Opinion letter to D. Moore
No. 1-2011Review and approval of the sufficiency as to form of an initiative petition (version C) submitted by Ron Calzone to amend Chapter 116, Revised Statutes of Missouri.
No. 1-2012Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Mark Reading amending Article X of the Missouri Constitution (version 9).
No. 1-2013Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Lara Granich amending Chapter 290, Revised Statutes of Missouri, version 5 (14-014).
No. 1-2014Review and approval of the sufficiency as to form of an initiative petition submitted by Marc Ellinger to amend Article X of the Missouri Constitution (2014-096).
No. 1-2015Review and rejection of the sufficiency as to form of an initiative petition submitted by Angela Daniels to amend Article VIII of the Missouri Constitution, version 1 (2016-011).
No. 1-2016Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Winston Apple amending Chapter 128, Revised Statutes of Missouri (16-154).
No. 1-2017Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Emily Waggoner amending Article I of the Missouri Constitution (18-061).
No. 1-2018Review and approval of a summary statement prepared for the initiative petition submitted by Patricia Thomas regarding a proposed amendment to Article I, Section 29 of the Missouri Constitution, version 1 (2018-305).
No. 1-2019Review and approval of the sufficiency as to form of an initiative petition submitted by Patricia Thomas to amend Article I of the Missouri Constitution, (2020-019).
No. 1-2020Review and approval of the sufficiency as to form of an initiative petition submitted by James Owen amending Chapter 393, RSMo (2020-142).
No. 1-2021Review and approval of the sufficiency as to form of an initiative petition submitted by Winston Apple amending Article III of the Missouri Constitution (2022-007).
No. 1-2022Review and approval of the summary statement prepared for the initiative petition submitted by Austin Shaffer amending Article XVI of the Missouri Constitution (2022-080).
No. 1-2023Review and approval of the sufficiency as to form of an initiative petition submitted by Winston Apple amending Article III of the Missouri Constitution (2024-024).
No. 1-2024Review and approval of the summary statement prepared for the initiative petition submitted by JoAnn Franklin amending Article XV of the Missouri Constitution (2024-168).
No. 1-2025Review and approval of the summary statement prepared for the initiative petition submitted by Winston Apple amending Article III of the Missouri Constitution (2026-003).
No. 1-2026Review and approval of the legal content and form of the proposed fair ballot language prepared pursuant to Section 116.025, RSMo, regarding House Bill No. 1 relating to the composition of congressional districts (2026-R0004).
No. 2-63No right of inspection of public records of the Kansas City Police Department exist either under Sec. 109.180, RSMo 1959, or a common law except for those records expressly required by law to be kept.
No. 2-66Merchants and manufacturers tax valuation cannot be reduced after statements mailed out because of mistake in valuation. If assessment raised by Equalization Board and no notice given, increase void. County court can correct erroneous valuation under Section 137.270. Taxes may be collected from bankrupt and his bondsman. Collector given credit for uncollectible taxes by county court.
No. 2-68Opinion letter to the Honorable Hubert L. Davidson
No. 2-72The list of the names of applicants for absentee ballots posted by the election authority in a conspicuous place accessible to the public at the entrance of the office of the election authority should include the post-office address to which the ballot is to be sent, the street address in the application for an absentee ballot and the ward or precinct number given by the applicant.
No. 2-73An indigent defendant is not entitled to have the cost of a mental examination under Section 552.020, RSMo Supp. 1971 or Section 552.030, RSMo 1969, by a physician "of his own choosing" taxed against the state. However, costs of mental examinations made by "independent" physicians appointed by the court pursuant to such sections are taxable against the state in cases which come under the provisions of Section 550.020, RSMo 1969.
No. 2-74Opinion letter to the Honorable Joe D. Holt
No. 2-75Opinion letter to the Honorable Ed
No. 2-781. A school district which terminates a teacher’s employment may also subsequently prefer charges to revoke the teacher’s certificate, assuming that sufficient statutory grounds exist for both actions. 2. A school district may prefer charges to revoke a teacher’s certificate based on conduct which occurred while the teacher was previously employed by another district.
No. 2-79Opinion Letter to The Honorable Truman Wilson
No. 2-81Opinion letter to Mr. J. H. Frappier
No. 2-84Opinion letter to The Honorable John A. Birch
No. 2-85Opinion letter to Mary-Jean Hackwood
No. 2-86The sentence, “The sale shall be a public sale unless the issuing jurisdiction adopts a resolution setting forth clear justification why the sale should be a private sale except that private activity bonds may be sold either at public or private sale.”, in Section 108.170.1 of House Committee Substitute for Senate Bill No. 140, Eighty-Third General Assembly, First Regular Session, applies only to the sales of bonds of housing authorities created under Section 99.040, RSMo.
No. 2-2011Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Matt Cologna amending Article VIII of the Missouri Constitution, version 1.
No. 2-2012Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Robert Hess amending Chapters 149 and 196, Revised Statutes of Missouri (version 2).
No. 2-2013Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Lara Granich amending Chapter 290, Revised Statutes of Missouri, version 6 (14-015).
No. 2-2014Review and approval of the sufficiency as to form of an initiative petition submitted by Marc Ellinger to amend Article X of the Missouri Constitution (2014-097).
No. 2-2015Review and rejection of the sufficiency as to form of an initiative petition submitted by Angela Daniels to amend Article VIII of the Missouri Constitution, version 2 (2016-012).
No. 2-2016Review and approval of the sufficiency as to form of an initiative petition submitted by Bradley Ketcher to amend Chapters 196 & 210, Revised Statutes of Missouri, version 2 (2016-191).
No. 2-2017Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Emily Waggoner amending Article VIII of the Missouri Constitution (18-062).
No. 2-2018Review and approval of a summary statement prepared for the initiative petition submitted by Patricia Thomas regarding a proposed amendment to Article I, Section 8 of the Missouri Constitution, version 2 (2018-306).
No. 2-2019Review and approval of the sufficiency as to form of an initiative petition submitted by Patricia Thomas to amend Article VI of the Missouri Constitution, (2020-020).
No. 2-2020Review and approval of the sufficiency as to form of an initiative petition submitted by James Owen (version 2) amending Chapter 393, RSMo (2020-143).
No. 2-2021Review and rejection of the sufficiency as to form of an initiative petition submitted by Matt Vitale amending Chapter 407, RSMo (2022-008).
No. 2-2022Review and approval of the summary statement prepared for the initiative petition submitted by Austin Shaffer amending Article XVII of the Missouri Constitution (2022-081).
No. 2-2023Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by David Roland amending Article VIII of the Missouri Constitution (2024-013).
No. 2-2024Review and approval of the summary statement prepared for the initiative petition submitted by Deidre Hirner amending Article X of the Missouri Constitution (2024-170).
No. 2-2025Review and approval of the sufficiency as to form of an initiative petition submitted by Jamie Howard amending Article III of the Missouri Constitution (2026-015).
No. 2-2026Review and rejection of the sufficiency as to form of an initiative petition submitted by Jasmine Miller amending Article I of the Missouri Constitution (2026-148).
No. 3-62The decision of the Missouri Supreme Court in the case of Estate of Osterloh v. Carpenter does not affect the waiver requirements contained in Section 145.210, M.S.R.
No. 3-66Merchants and manufacturers tax valuation cannot be reduced after statements mailed out because of mistake in valuation. If assessment raised by Equalization Board and no notice given, increase void. County court can correct erroneous valuation under Section 137.270. Taxes may be collected from bankrupt and his bondsman. Collector given credit for uncollectible taxes by county court.
No. 3-69Opinion letter to the Honorable Clinton Almond
No. 3-70A regularly employed police officer of a third class city retains the same powers to arrest while off-duty which he possesses while on duty; the liability of a police officer of a third-class city for false arrest and other related torts depends upon the lawfulness of the arrest; the lawfulness of an arrest made by a police officer from a third class city does not depend upon whether the policeman was on or off duty; and a private citizen may only arrest for those misdemeanors which involve breaches of the peace, petit larcency committed in his presence, or pursuant to those powers granted him by virtue of Section 537.125, RSMo 1969, and Section 560.415, RSMo 1969.
No. 3-711. A six-director school district may enter into an agreement whereby a school bus is acquired by monthly payments so long as the district's obligation thereunder does not exceed income available for the calendar year in which the debt is contracted. 2. The obligation of a school district to return the school bus under the circumstances set forth in the agreement in question would be a "lien" or "encumbrance" under Sections 301.190, 301.600 and 301.620, RSMo 1969, and should be noted on the certificate of ownership. 3. A six-director school district may agree to pay, in addition to monthly payments, insurance premiums for property damage and liability insurance covering the buses except that the district may not use public funds to purchase liability insurance covering its own negligence.
No. 3-72A municipal library district has authority to issue general obligation bonds for the purchase of grounds or the erection of public library buildings or the improvement of existing buildings when authorized by a vote of two-thirds of the qualified electors of the district voting thereon.
No. 3-74Opinion letter to the Honorable James C. Kirkpatrick
No. 3-75Opinion letter to the Honorable Phillip H. Snowden
No. 3-76Opinion letter to Mr. Theodore L. Johnson
No. 3-80For the purposes of §§ 105.300, et seq., RSMo Supp. 1979, providing for social security tax reporting, the city attorney elected pursuant to § 77.370, RSMo 1978, is an employee of a third class city; the city counselor appointed under § 98.340, RSMo 1978, is an employee of a third class city; a special attorney appointed under § 98.340, RSMo 1978, is not an employee of a third class city. The city attorney of a fourth class city under § 79.230, RSMo 1978, is an employee of a fourth class city. Depending upon the legal relationship as defined by ordinance, under § 79.230, RSMo 1978, a special counsel may become an employee of a city as assistant city attorney for social security purposes. A town or village may have an attorney who would be an employee pursuant to § 105.300(2), RSMo Supp. 1979, or may employ a special counsel who would be an independent contractor but the nature of the relationship would depend upon the ordinance and agreement with that particular attorney.
No. 3-85Opinion letter to Mary-Jean Hackwood
No. 3-2011Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Matt Cologna amending Article VIII of the Missouri Constitution, version 2.
No. 3-2012Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Mark Reading amending Chapter 149, Revised Statutes of Missouri (version 1).
No. 3-2013Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Lara Granich amending Chapter 290, Revised Statutes of Missouri, version 7 (14-016).
No. 3-2014Review and approval of the sufficiency as to form of an initiative petition submitted by Marc Ellinger to amend Article X of the Missouri Constitution (2014-098).
No. 3-2015Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Todd Jones amending Article VIII of the Missouri Constitution (16-007).
No. 3-2016Review and approval of the sufficiency as to form of an initiative petition submitted by Bradley Ketcher to amend Chapters 196 & 210, Revised Statutes of Missouri, version 3 (2016-192).
No. 3-2017Review and approval of a summary statement prepared for the initiative petition submitted by Bradley Bradshaw regarding a proposed amendment to Article XIV of the Missouri Constitution (2018-041).
No. 3-2018Review and approval of a summary statement prepared for the initiative petition submitted by Patricia Thomas regarding a proposed amendment to Article I, Section 8 of the Missouri Constitution, version 3 (2018-307).
No. 3-2019Review and approval of the sufficiency as to form of an initiative petition submitted by Patricia Thomas to amend Article XIV, Section 1, of the Missouri Constitution, (2020-021).
No. 3-2020Review and approval of the sufficiency as to form of an initiative petition submitted by James Owen (version 3) amending Chapter 393, RSMo (2020-144).
No. 3-2021Review and rejection of the sufficiency as to form of an initiative petition submitted by Matt Vitale amending Chapter 407, RSMo (2022-009).
No. 3-2022Review and approval of the summary statement prepared for the initiative petition submitted by Austin Shaffer amending Article XVII of the Missouri Constitution (2022-082).
No. 3-2023Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by David Roland amending Article VIII of the Missouri Constitution (2024-014).
No. 3-2024Review and approval of the summary statement prepared for the initiative petition submitted by Deidre Hirner amending Article X of the Missouri Constitution (2024-171).
No. 3-2025Review and approval of the sufficiency as to form of an initiative petition submitted by Jamie Howard amending Article III of the Missouri Constitution (2026-016).
No. 4-62Opinion letter to the Honorable James P. Landis
No. 4-64Opinion letter to the Honorable Joe R. Ellis
No. 4-66Article VI, Section 16, Constitution of Missouri, and Section 70.220, RSMo 1959, authorizes county court and special road district to contract for maintenance of public road in special road district; but does not authorize such a contract between the county court and a private person for maintenance of a private road.
No. 4-701. County and/or township collectors may charge commissions authorized to them against funds collected for library purposes. 2. The County Library Board is not required to make payments from library funds of the “employer’s share” of social security tax payments for the benefit of the county or township collectors who have collected library taxes for the reason that such payments do not constitute taxable wages paid by an employer to an employee within the meaning of the Social Security Act.
No. 4-71Opinion letter to the Honorable Joe D. Holt
No. 4-72Missouri State Board of Mediation is not precluded from mediating dispute in industry subject to federal labor relations statutes, pursuant to Section 295.080, RSMo 1969, unless Federal Mediation and Conciliation Service actually assumes jurisdiction by proffering its services.
No. 4-74Constitutional charter cities come within the provisions of the State and Local Records Law, Sections 109.200 et seq., V.A.M.S.
No. 4-75Opinion letter to the Honorable Jerold L. Drake
No. 4-76Opinion letter to the Honorable James Millan
No. 4-801) Tax levy proposals submitted to a county vote for the purpose of establishing or maintaining a community mental health service shall specify the exact amount of the proposed levy. 2) Tax levy proposals may be submitted to a county vote during either a primary or general election. 3) Notice by publication shall be given by the clerk of the governing body in the manner provided for in § 205.979, S.B. 652 General Assembly.
No. 4-84A licensed optometrist may, in the course of examining the human eye, detect the existence of a pathological condition, defect, malfunction or malformation of the human eye. The Department of Social Services must accept the results of an optometric examination to determine a person's eligibility for benefits paid from state funds if the optometrist is authorized by law to perform the examination upon which eligibility is based.
No. 4-88Opinion letter to The Honorable Bob Feigenbaum
No. 4-2011Review and approval of a summary statement prepared for the initiative petition submitted by Matt Cologna regarding a proposed amendment to Article VIII of the Missouri Constitution, version 1.
No. 4-2012Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Mark Reading amending Chapter 149, Revised Statutes of Missouri (version 3).
No. 4-2013Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Lara Granich amending Chapter 290, Revised Statutes of Missouri, version 8 (14-017).
No. 4-2014Review and approval of the sufficiency as to form of an initiative petition submitted by Marc Ellinger to amend Article X of the Missouri Constitution (2014-099).
No. 4-2015Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Dan Viets amending Article I of the Missouri Constitution (16-009).
No. 4-2016Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Bradley Ketcher amending Article III of the Missouri Constitution, version 33 (16-155).