Missouri

Ag opinion

8,449 sections

No. 31-621. Sec. 66.110, 1959, providing for a fee of two dollars and fifty cents in each case involving violation of a county ordinance, is applicable to St. Louis County magistrate courts. Said fee shall be collected in each county ordinance case instituted in any magistrate court of such county. 2. Sec. 483.610, 1959, providing for collection of five dollar magistrate court fee in each criminal proceeding and in each preliminary hearing instituted in any magistrate court, is applicable to St. Louis County magistrate courts. Said fee shall be collected only in each criminal case instituted in a magistrate court of said county. 3. Sec. 482.250 Cum. . 1961, applies in cases other than criminal proceedings and cases involving county ordinances. The fee provided for in the section is collected by magistrate courts of St. Louis County only in such cases.
No. 31-65Opinion letter to the Honorable Paul D. , Jr.
No. 31-67Property leased by an individual or private business to the United States, the state, city, county or a political subdivision of the state, under a lease-purchase or rental-purchase agreement, for a consideration, is not owned by such governmental unit and is not exempt from taxation under Section 137.100, RSMo 1959, prior to the time the option to purchase is irrevocably exercised. Property leased by an individual or private business for a consideration under a rental-purchase or lease-purchase agreement to an organization to be used for religious worship, for schools or colleges or for charitable purposes, is not exempt from taxation under Section 137.100, RSMo, prior to the exercise of the purchase option because the property is not being used exclusively for such purposes.
No. 31-70Opinion letter to the Honorable Haskell Holman
No. 31-71The sale by Old Warson Country Club of tickets for admission to the Ryder Cup Golf Tournament is an isolated or occasional sale not subject to Missouri Sales Tax because the tournament is the first ever held by the club to which admission is charged and no future tournaments of this kind are planned or expected to be held.
No. 31-72Opinion letter to the Honorable Joe A. Johnson
No. 31-731. Sections 194.120 through 194.180, RSMo 1969, do not require that the State Anatomical Board accept the body of an indigent patient who dies in the State Chest Hospital. 2. When the State Anatomical Board is unable or unwilling to accept such body, the county court of the proper county is required to reimburse the State Chest Hospital for reasonable expenses incurred in the burial of such body. 3. The proper county within the meaning of Section 205.630, RSMo 1969, is that county in which the patient dies.
No. 31-75Opinion letter to Mr. George M. Camp
No. 31-76Opinion letter to the Honorable Christopher S. Bond
No. 31-78Barbers and cosmetologists may work in the same physical area if such area is licensed as a cosmetology shop and is subject to inspection by both the State Board of Cosmetology and State Board of Barber Examiners.
No. 31-79(1) Federal funds paid directly to the Board of Education of the City of St. Louis under the provisions of the Emergency School Aid Act () constitute public funds which are subject to the spending proscriptions of the Missouri Constitution. (2) The Missouri Constitution prohibits the use of public school personnel paid with funds to provide teaching services to children attending sectarian schools on the premises of the sectarian schools during the regular school day.
No. 31-81In considering §§ 205.975 through 205.990, RSMo, in their entirety, before any entities can receive community mental health fund moneys levied and collected by counties under §§ 205.975 through 205.990, the entities are required to be designated by the Department of Mental Health in the state plan as providers of comprehensive mental health services in the catchment areas where the entities are located.
No. 31-82115.063, RSMo 1978, and 115.065, RSMo Supp. 1981, require that the costs of an election for annexation of land to an ambulance district be borne by the county court which submits the question to the voters pursuant to Section 190.070, RSMo 1978.
No. 31-85Opinion letter to The Honorable J. R. Strong
No. 31-88Opinion letter to Frederick A. Brunner
No. 31-90A fire protection district has the power under Chapter 321, RSMo, by a properly enacted ordinance to require a public water supply district to include fire hydrants when installing water mains within the fire protection district boundaries or updating or upgrading the water mains.
No. 31-91Opinion letter to The Honorable Tom McCarthy
No. 31-2010Review and approval of a summary statement prepared for the initiative petition submitted by Bradley Ketcher (version 3) regarding a proposed amendment to Chapter 84, Revised Statutes of Missouri.
No. 31-2011Review 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 3).
No. 31-2012Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Mark Reading amending Chapters 149 and 196, Revised Statutes of Missouri (version 4).
No. 31-2013Review and rejection of the sufficiency as to form of an initiative petition submitted by Clarence L. Stanton (2014-034).
No. 31-2014Review 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, version 14 (14-083).
No. 31-2015Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Aundrea Riffle amending Chapter 195, Revised Statutes of Missouri (16-030).
No. 31-2016Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Andy Zellers amending Chapter 386, Revised Statutes of Missouri, version 16 (16-179).
No. 31-2017Review and approval of a summary statement prepared for the initiative petition submitted by Richard Von Glahn regarding a proposed amendment to Chapter 290, Revised Statutes of Missouri, version 1 (2018-073).
No. 31-2018Review and rejection of the sufficiency as to form of an initiative petition submitted by Steven Reed to amend Article IV of the Missouri Constitution (2018-335).
No. 31-2019Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Gerald Peterson amending Chapter 147, Revised Statutes of Missouri, (20-026).
No. 31-2021Review and rejection of the sufficiency as to form of an initiative petition submitted by Austin Shaffer amending Article XXIX (2022-021).
No. 31-2022Review and approval of the sufficiency as to form of an initiative petition submitted by Winston Apple amending Chapters 130 & 143, RSMo (2024-009).
No. 31-2023Review and approval of the summary statement prepared for the initiative petition submitted by David Roland amending Article VIII of the Missouri Constitution (2024-014).
No. 31-2024Review and rejection of the sufficiency as to form of an initiative petition submitted by Jamie Howard amending Article III of the Missouri Constitution (2026-009).
No. 31-2025Review and approval of the summary statement prepared for the initiative petition submitted by Katherine Floyd amending Article I of the Missouri Constitution (2026-018).
No. 32-63Opinion letter to the Honorable Charles G. Hyler
No. 32-64Opinion letter to the Honorable Ronald M. Belt
No. 32-65Opinion letter to the Honorable Lloyd J. Baker
No. 32-69Opinion letter to Senator Donald L. Manford
No. 32-70The term “public works” as used in Section 290.210(7), RSMo 1969, of the prevailing wages law means structural works having a permanent character and usefulness, such as roads, buildings, bridges, and dams. The term “maintenance work,” Section 290.210(4), RSMo 1969, means the repair or restoration of that portion of an existing facility which has fallen into a state of deterioration or decay to its original condition. “Maintenance work” does not include “major” repairs or “replacement;” the latter constitute “construction.” “Replacement” entails the complete substitution of an existing facility with a new or different facility. Installing a central air conditioning unit in a public building constitutes “construction” within the meaning of Section 290.210(1), RSMo 1969, if the building was formerly without such a unit. Substituting a new central air conditioning unit or furnace in a public building in place of a deteriorated or worn out unit or furnace also constitutes “construction.” However, replacing a worn out part of a central air conditioning unit or furnace in order to restore the unit or furnace to operational condition constitutes “maintenance work” within the meaning of Section 290.210(4), RSMo 1969. Installing new or different partitions in a public building, either at the location of former partitions or at a different location, and rearranging present partitions constitutes “construction,” Section 290.210(1), RSMo 1969. However, restoring an existing partition to sound condition by repairing the deteriorated portion constitutes “maintenance work,” Section 290.210(4), RSMo 1969. Tarring a roof of a public building constitutes “maintenance work,” Section 290.210(4), RSMo 1969, if the roof is in a state of disrepair or deterioration, otherwise it would be “construction,” Section 290.210(1), RSMo 1969. Putting an entirely new roof on a public building constitutes “construction,” Section 290.210(1), RSMo 1969. Installing new garage doors on a public building constitutes “construction,” Section 290.210(1), RSMo 1969. Seal coating small cracks in the surface of an asphalt highway constitutes “maintenance work,” Section 290.210(4), RSMo 1969.
No. 32-71Tangible personal property leased to a school district at a profit is not exempt from taxation under Article X, Section 6, Missouri Constitution, or under Section 137.100, RSMo 1969. Furthermore, a school district may agree, as part of the total yearly lease payment, to pay the amount of any taxes levied on the tangible personal property leased to the school district.
No. 32-72The boundaries of a "polling place" are determined by the perimeter of the area actually occupied by the election personnel, supplies, and equipment of the place at which the voters cast their ballots. Where a room is fully occupied, the walls of the room define this perimeter . Where less than the total area of an enclosure is occupied, the perimeter of the area actually occupied defines the boundaries.
No. 32-73Circuit clerks are authorized to microfilm closed case files more than five years old when authorized to do so by the circuit judge or judges. Circuit court files in all cases which have been closed and no action taken for more than ten years, and which have been reproduced in accordance with Section 109.120, RSMo, may be destroyed under the authority and direction of the judge or judges of the circuit court.
No. 32-74Employees of county health centers established under the provisions of Chapter 205, RSMo, are not eligible for membership in the Missouri State Employees' Retirement System.
No. 32-75Sheriffs in a third or fourth class county may not be appointed to the office of special commissioner pursuant to Section 528.540, RSMo 1969, relating to partitions; a sheriff in the above counties may be appointed as one of the commissioners under Section 528.200, RSMo 1969; a sheriff appointed to the position of commissioner under Section 528.200, RSMo 1969, may retain the fees he receives as compensation for his service in that position, and the wife of a sheriff may be appointed to either the position of commissioner or special commissioner and may retain the fees that she receives therefor.
No. 32-78Opinion letter to The Honorable Warren Welliver
No. 32-81Opinion letter to The Honorable Edward D. Daniel
No. 32-83Subject to exceptions contained in Chapter 217, RSMo Supp. 1982, parole hearings and parole revocation hearings of the Board of Probation and Parole are subject to the Missouri Open Meetings Law.
No. 32-84A Missouri, not-for-profit corporation operating as a shelter for victims of domestic violence and receiving funds under Sections 455.200 to 455.230, RSMo Supp. 1983, may use such funds to establish a network of safe homes in private residences. Such funds may be used to provide medical and personal items if such are incident to the residential services and facilities provided by the shelter.
No. 32-86Opinion letter to The Honorable Lester Patterson
No. 32-87Opinion letter to The Honorable Steve Danner
No. 32-88The Board of Cosmetology has the authority to issue a shop license to an individual renting space within a licensed cosmetology shop, which license is sometimes referred to as a booth rental license.
No. 32-91Opinion letter to Stanley M. Thompson
No. 32-2003Municipal animal pounds are only authorized to impound or harbor dogs and cats. Decompression is not a recommended method of euthanasia by the American Veterinary Medical Association's Panel on Euthanasia. Therefore, a municipal animal pound is not authorized to use a decompression chamber to euthanize wildlife.
No. 32-2011Review 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 4).
No. 32-2012Review and approval of a summary statement prepared for the initiative petition submitted by Robert Hess regarding a proposed amendment to Chapters 149 and 196, Revised Statutes of Missouri (version 2).
No. 32-2013Review and rejection of the sufficiency as to form of an initiative petition submitted by Tammy O’Meara, version 2 (2014-035).
No. 32-2014Review 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, version 15 (14-084).
No. 32-2015Review and approval of a summary statement prepared for the initiative petition submitted by Jill Carter regarding a proposed amendment to Article I of the Missouri Constitution, version 1 (2016-021).
No. 32-2016Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Andy Zellers amending Chapter 386, Revised Statutes of Missouri, version 17 (16-180).
No. 32-2017Review and approval of a summary statement prepared for the initiative petition submitted by Richard Von Glahn regarding a proposed amendment to Chapter 290, Revised Statutes of Missouri, version 2 (2018-074).
No. 32-2018Review and approval of the sufficiency as to form of an initiative petition submitted by Steven Reed to amend Article V of the Missouri Constitution (2018-336).
No. 32-2019Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Gerald Peterson amending Chapter 208, Revised Statutes of Missouri, (20-027).
No. 32-2021Review and rejection of the sufficiency as to form of an initiative petition submitted by Austin Shaffer amending Article XXX (2022-022).
No. 32-2022Review and approval of the sufficiency as to form of an initiative petition submitted by Winston Apple amending Chapter 192, RSMo (2024-010).
No. 32-2023Review and approval of the summary statement prepared for the initiative petition submitted by David Roland amending Article VIII of the Missouri Constitution (2024-015).
No. 32-2024Review and rejection of the sufficiency as to form of an initiative petition submitted by Jamie Howard amending Article III of the Missouri Constitution (2026-010).
No. 32-2025Review and approval of the summary statement prepared for the initiative petition submitted by Katherine Floyd amending Chapter 213, RSMo (2026-019).
No. 33-64Nursing home district may not issue bonds up to ten per cent of value of taxable tangible property in such district. Nursing home districts may issue bonds to an amount of five per cent of the value of the taxable tangible property in such district.
No. 33-70An opinion with respect to House Bill No. 35 of the General Assembly (Sections 483.530 and 483.540, V.A.M.S.) relative to numerous questions concerning the fees of clerks of certain courts of criminal correction, circuit and common pleas courts.
No. 33-72A regional planning commission organized under the provisions of Sections 251.150, RSMo 1969 et seq., is advisory to the governmental units in the region and does not have authority to exercise the legislative functions of local government although the participating municipalities may, under Sections 89.010, RSMo 1969 et seq., adopt planning and zoning as recommended by the commission. Such a regional planning commission has no authority to enter into an agreement with municipalities to enforce municipal codes.
No. 33-73The State Highway Commission must now pay, pursuant to Section 204.051, V.A.M.S., enacted in 1972, an annual fee of $25.00 for a permit to operate a lagoon for sanitary facilities at a rest area on state owned land on Interstate 70 in Lafayette County, which permit was originally issued on May 1, 1967.
No. 33-74Article , Section 13 of the Constitution prevents the compensation of an elected city treasurer from being increased during the term of office of such city treasurer, notwithstanding the fact that Section 182.291, V.A.M.S., makes the city treasurer custodian of the funds of a city-county library district. A city-county library district has no authority to compensate the city treasurer for serving as custodian of the library district’s funds.
No. 33-75In computing “the average cost of transporting all children of the district” and in computing “the additional cost of transporting handicapped and severely handicapped children” for the purposes of Section 162.985, RSMo 1973 Supp., all expenditures reasonably related to the school district’s transportation program should be included in the computation. The amount of additional state transportation aid authorized by Section 162.985, RSMo 1973 Supp., with respect to handicapped and severely handicapped children should be determined by the following formula: a district’s average cost of transporting a handicapped or severely handicapped child minus average per pupil cost of transporting all children in the district (handicapped, severely handicapped and non-handicapped) times the number of handicapped and severely handicapped children transported divided by two.
No. 33-76Opinion letter to the Honorable Bud Fendler
No. 33-77The Department of Public Safety, Missouri Council on Criminal Justice, although it does not have the authority to determine the number of and the geographical boundaries of regional criminal justice planning units which have been established by cooperative agreement by and between political subdivisions of the State of Missouri pursuant to the provisions of Section 70.220, RSMo 1969, can choose not to recognize the regional planning units as they presently exist, and is not required by state law to make federal money available to those presently existing regional criminal justice planning units for law enforcement planning purposes.
No. 33-78The State Tax Commission has the statutory authority to appoint hearing examiners for conducting initial investigations and making advisory recommendations in appeals taken under Section 138.430(2), RSMo 1969.
No. 33-79Opinion Letter to The Honorable Edward E. Ottinger
No. 33-80County court judges of second class counties are not authorized to charge the county mileage for travel from their home to the courthouse for meetings of the court.
No. 33-82A county court, pursuant to a plan adopted in accordance with Section 231.441, RSMo, may require special road districts to provide matching funds in actual dollars or otherwise, in order to receive CART funds from the county in which the special road district is located.
No. 33-84With respect to the chemical testing procedure of Sections 577.020, et seq., RSMo Supp. 1983, for the purpose of determining whether a person was driving a motor vehicle in an intoxicated or drugged condition, that: (1) The legislature has given motorists the right to refuse to take a chemical test, including a blood test, upon arrest for driving while intoxicated, (2) This right to refuse to exercise at any time prior to submitting to the test, (3) Once the individual has clearly and unequivocally indicated his refusal, no test should be conducted, even if the individual initially indicated a willingness to take the test, (4) In the absence of such a refusal so long as a hospital or its employee is taking a blood sample pursuant to the request of a law enforcement officer who has arrested the defendant, the hospital and its employees are immune from liability except for acts which are wanton, willful or grossly negligent, and (5) Sections 577.020 to 577.041, RSMo Supp. 1983, do not diminish or alter the authority of law enforcement officials to require chemical tests of the blood of a person under arrest as outlined in Schmerber v. California, 384 U.S. 757 (1968).
No. 33-85Opinion letter to The Honorable Fred Dyer
No. 33-89Directors of a fire protection district are eligible for health insurance benefits from the fire protection district pursuant to the provisions of Section 67.150, RSMo 1986.
No. 33-901) The City of Lakeview , a fourth class city of less than five hundred inhabitants, pursuant to Section 311.090, RSMo 1986, can hold an election on the question of whether the sale of intoxicating liquor, with certain exceptions, by the drink at retail for consumption on the premises where sold shall be permitted, 2) can regulate the sale of intoxicating liquor provided the regulations are in harmony with state law and 3) is not authorized to tax intoxicating liquor except as provided in Section 311.220, RSMo 1986.
No. 33-2010Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Bradley Ketcher (version 2) pertaining to a statutory amendment to Chapters 86 and 87, Revised Statutes of Missouri.
No. 33-2011Review and approval of a summary statement prepared for the initiative petition submitted by Matt Cologna regarding a proposed amendment to Chapter 115, Revised Statutes of Missouri (version 2).
No. 33-2012Review and approval of a summary statement prepared for the initiative petition submitted by Mark Reading regarding a proposed amendment to Chapters 149 and 196, Revised Statutes of Missouri (version 1).
No. 33-2013Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Jewell Patek amending Article III of the Missouri Constitution, version 2 (14-030).
No. 33-2014Review 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, version 16 (14-085).
No. 33-2015Review and approval of a summary statement prepared for the initiative petition submitted by Jill Carter regarding a proposed amendment to Article I of the Missouri Constitution, version 2 (2016-022).
No. 33-2016Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Andy Zellers amending Chapter 386, Revised Statutes of Missouri, version 18 (16-190).
No. 33-2017Review and approval of a summary statement prepared for the initiative petition submitted by Richard Von Glahn regarding a proposed amendment to Chapter 290, Revised Statutes of Missouri, version 3 (2018-075).
No. 33-2018Review and rejection of the sufficiency as to form of an initiative petition submitted by Andrew Linhares to amend Chapter 393, Revised Statutes of Missouri, version 1 (2018-337).
No. 33-2019Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Damien Johnson amending Article III of the Missouri Constitution, (20-030).
No. 33-2021Review and approval of the sufficiency as to form of an initiative petition submitted by Mark Pederson amending Article XIV of the Missouri Constitution (2022-023).
No. 33-2022Review and approval of the sufficiency as to form of an initiative petition submitted by Winston Apple amending Chapters 286 & 143, RSMo (2024-011).
No. 33-2023Review and approval of the sufficiency as to form of an initiative petition submitted by Frederic Steinbach amending Article VIII of the Missouri Constitution (2024-043).
No. 33-2024Review and approval of the summary statement prepared for the initiative petition submitted by Winston Apple amending Article III of the Missouri Constitution (2026-002).
No. 33-2025Review and approval of the summary statement prepared for the initiative petition submitted by Jamie Howard amending Article III of the Missouri Constitution (2026-015).
No. 34-64County court cannot incorporate unincorporated area upon petition as third class city with city manager form of government. Upon petition for incorporation as third class city with city manager form of government county court may incorporate as regular third class city.
No. 34-65There is no prohibition against a person who is presently township assessor and is also county treasurer ex officio collector-elect, from continuing his duties as township assessor until he assumes the duties as county treasurer ex officio collector. The bonds which must be given by a county treasurer ex officio collector in a county under township organization are the bonds required by Sections 54.070 and 52.020, RSMo Cum. Supp. 1963. A person who resigns as township assessor and then becomes county treasurer ex officio collector, is no longer a qualified member of the county Board of Equalization.
No. 34-66Money apportioned to County as provided by Article IV, Section 30 (a), Constitution of Missouri, may not be expended on roads or streets under the jurisdiction or control of Belton , Missouri.
No. 34-69Regulation No. 15(k) of the Supervisor of Liquor Control of Missouri prohibits any licensee from having any "Bingo" device upon his licensed premises.