Missouri

Ag opinion

8,449 sections

No. 34-71Opinion letter to Mr. Harvey D. Shell, P.E.
No. 34-72Opinion letter to the Honorable William S. Brandom
No. 34-76Opinion letter to the Honorable Emory Melton
No. 34-77Opinion letter to Mr. Edwin M. Bode
No. 34-78Opinion letter to The Honorable Hardin C.
No. 34-80Opinion Letter to The Honorable Flavel J. Butts
No. 34-81Opinion letter to The Honorable Estil Fretwell
No. 34-82Opinion letter to The Honorable Vernon E. Bruckerhoff
No. 34-83Both the court-ordered mandatory wage assignment pursuant to Section 452.350, RSMo Supp. 1982, and the order to withhold and pay over issued by the Director of the Missouri Division of Family Services, pursuant to Section 454.505, RSMo Supp. 1982, are “garnishments" within the meaning of the Consumer Credit Protection Act.
No. 34-84Opinion letter to The Honorable David L. Steelman
No. 34-85(1) Elected circuit clerks other than the Circuit Clerk of the City of St. Louis are under the provisions of the State Legal Expense Fund; (2) the Circuit Clerk of the City of St. Louis, the Circuit Clerk of St. Louis County, and the Court Administrator of Jackson County are not under the provisions of the State Legal Expense Fund; (3) circuit clerks ex officio recorders of deeds are under the provisions of the State Legal Expense Fund except to the extent that they are performing duties as recorders of deeds; (4) deputy and division clerks are under the provisions of the State Legal Expense Fund to the extent that they are performing duties on behalf of the State and not recorder of deeds functions; (5) claims involving a circuit clerk's bond are not covered by the State Legal Expense Fund; (6) the ultimate question of whether coverage is provided any State officer or State employee depends on the facts of the particular case.
No. 34-86Opinion letter to The Honorable John T. Russell
No. 34-90Cities which levy a tax for parks pursuant to Section 90.500, RSMo 1986, may not impose an administrative service fee on the park fund for processing checks and providing accounting services for the park fund.
No. 34-92(1) Vending facility managers of the Division of Family Services/Bureau for the Blind are employees of the state for workers' compensation purposes; and (2) employees of vending facility managers are employees of the state for workers' compensation purposes.
No. 34-2011Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Marc Ellinger pertaining to a proposed amendment to Article X of the Missouri Constitution (version 1a).
No. 34-2012Review 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 2).
No. 34-2013Review and approval of a summary statement prepared for the initiative petition submitted by Jewell Patek regarding a proposed amendment to Article III of the Missouri Constitution, version 2 (2013-030).
No. 34-2014Review 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 17 (14-086).
No. 34-2015Review and approval of a summary statement prepared for the initiative petition submitted by Stacy Shore regarding a proposed amendment to Article IX of the Missouri Constitution, version 1 (2016-026).
No. 34-2016Review and approval of a summary statement prepared for the initiative petition submitted by Winston Apple regarding a proposed amendment to Chapter 128, Revised Statutes of Missouri (2016-154).
No. 34-2017Review 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 4 (2018-076).
No. 34-2018Review 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 2 (2018-338).
No. 34-2019Review and approval of the sufficiency as to form of an initiative petition submitted by Rik Combs to amend Article X of the Missouri Constitution (2020-038).
No. 34-2021Review and approval of the summary statement prepared for the initiative petition submitted by Matt Vitale amending Chapter 407, RSMo (2022-015).
No. 34-2022Review and approval of the sufficiency as to form of an initiative petition submitted by Winston Apple amending Article VIII of the Missouri Constitution (2024-012).
No. 34-2023Review and approval of the sufficiency as to form of an initiative petition submitted by Richard Speidel amending Article VI of the Missouri Constitution (2024-044).
No. 34-2024Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Winston Apple amending Article III of the Missouri Constitution (2026-003).
No. 34-2025Review and approval of the summary statement prepared for the initiative petition submitted by Jamie Howard amending Article III of the Missouri Constitution (2026-016).
No. 35-63Opinion letter to the Honorable R. B. Mackey
No. 35-64It is not part of the official duties of a county highway engineer to design and supervise the construction of bridges built by a special road district organized under the provisions of Sections 233.010 to 233.165, RSMo. The county highway engineer may be employed and compensated by such special road district to design and supervise the construction of a bridge to be built by such special road district.
No. 35-66Opinion letter to the Honorable James E. Schaffner
No. 35-67Sales tax may not be assessed upon the sale of steam used for heating purposes.
No. 35-691. The power of a public school board to employ teachers includes the discretion to grant temporary leaves of absence with or without pay subject to the limitations of other applicable laws. 2. Leave of absence must be set out in writing and incorporated in the employment contract between the board and the teacher. The leave cannot be a gratuity, but must be in exchange for service rendered by the teacher during the contract period. 3. Leave agreements by school boards of St. Louis County must be in accord with requirements of Sections 168.191, RSMo Supp. 1967, which limits the terms of teaching contracts. 4. Public school teachers’ retirement system contributions under Section 169.010, et seq., RSMo should be calculated during the teacher’s leave of absence in the same manner as contributions are calculated during periods of actual service. 5. A temporary leave of absence of a teacher employed on a regular full-time basis does not affect the eligibility of the school district for state aid known as “Teacher Preparation Allowance” under subsection 2 of Section 163.031, RSMo Supp. 1967.
No. 35-711. The county is liable to make restitution to the collector of revenue for personal funds of the collector used to pay the county's obligation under the Social Security Law. 2. An action to recover money paid by collector of revenue for the county in connection with employers' contributions under the Social Security Act must be maintained within five years.
No. 35-73The payment of an indemnity to a state official for an incurred hurt, loss or damage under any provision of law when the same indemnity is available to all private citizens for identical hurts, losses or damages does not constitute a conflict of interest.
No. 35-74Opinion letter to the Honorable Maurice Schechter
No. 35-7756.280, RSMo Supp. 1975, relating to the compensation of prosecuting attorneys in counties of the third and fourth classes, does not repeal the provisions for additional compensation for such prosecuting attorneys under Sections 56.285 and 56.291, RSMo, and the prosecuting attorneys of such counties are entitled to compensation based on all such sections.
No. 35-78The platting and recording of a subdivision is not sufficient use and maintenance of existing property so as to exempt it from changes in county requirements, §§ 64.850-64.895 , RSMo.
No. 35-79Opinion Letter to The Honorable Philip R. Pruett
No. 35-80Opinion Letter to The Honorable Flavel J. Butts
No. 35-81The Tort Defense Fund does not extend generally to the officers, agents, employees and members of the Office of the Adjutant General, to those in the Disaster Planning and Operations Office, or to those in the Office of Air Search and Rescue except to the extent that individuals so employed are the Adjutant General or members of the Missouri National Guard.
No. 35-83Based upon the information available to this office with respect to the dates and manner in which the various lakes which you have inquired about were formed, Bean, Contrary, Sugar and Big Lakes are waters of this state within the definition of Section 306.010(7), RSMo Supp. 1982, for purposes of determining the jurisdiction of Missouri State Water Patrolmen for enforcement of Missouri statutes on those bodies of water. It is further the opinion of this office that it is at this time impossible to determine the ownership of the lake bed of South Lake, and therefore this office declines to issue a formal opinion with respect thereto.
No. 35-85Opinion letter to The Honorable Marvin E. Proffer
No. 35-87The provisions of Sections 230.235 and 230.240, RSMo 1986, are required to be implemented by third class counties which have adopted the alternative form of county highway commission.
No. 35-881. The state fire marshal has the authority to send an arson investigator to investigate a fire or to assist a fire district or department. 2. The fire chief of a district or department can request assistance from either the state fire marshal or local authorities in investigating a fire but cannot exclude any appropriate authority-either the fire marshal or local authorities with jurisdiction-from assisting/investigating if they so desire.
No. 35-91"Buildings at the seat of government and on the grounds thereof” in Section 8.035, RSMo 1986, refers to public property of the state located in the City of Jefferson.
No. 35-2011Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Marc Ellinger pertaining to a proposed amendment to Article X of the Missouri Constitution (version 2a).
No. 35-2012Review 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 3).
No. 35-2013Review and approval of the sufficiency as to form of an initiative petition submitted by Tammy O’Meara to amend Chapter 302, Revised Statutes of Missouri, version 3 (2014-036).
No. 35-2014Review 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 18 (14-087).
No. 35-2015Review and approval of a summary statement prepared for the initiative petition submitted by Aundrea Riffle regarding a proposed amendment to Chapter 195, Revised Statutes of Missouri (2016-030).
No. 35-2016Review and approval of a summary statement prepared for the initiative petition submitted by Bradley Ketcher regarding a proposed amendment to Article III of the Missouri Constitution, version 33 (2016-155).
No. 35-2017Review 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 5 (2018-077).
No. 35-2018Review 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 3 (2018-339).
No. 35-2019Letter to The Honorable Elizabeth Ziegler.
No. 35-2021Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Winston Apple amending Article I of the Missouri Constitution (2022-017).
No. 35-2022Review and approval of the sufficiency as to form of an initiative petition submitted by David Roland amending Article VIII of the Missouri Constitution (2024-013).
No. 35-2023Review and approval of the sufficiency as to form of an initiative petition submitted by Richard Speidel amending Article VI of the Missouri Constitution (2024-045).
No. 35-2024Review and rejection of the sufficiency as to form of an initiative petition submitted by Jamie Howard amending Article III of the Missouri Constitution (2026-011).
No. 35-2025Review and approval of the summary statement prepared for the initiative petition submitted by Jamie Howard amending Article III of the Missouri Constitution (2026-017).
No. 36-62Savings and loan associations subject to provisions of Chapter 369 1959 have no express or implied power to service loan agreements of business corporation which effect the collection of loan contracts which the business corporation was instrumental in effecting between borrower and lender, when such loan contracts at no time become the property of the savings and loan association.
No. 36-68Tax monies raised under Section 137.555, RSMo 1959, can only be spent for use on county roads and bridges, but may not be spent on bridges within a special road district. Expenditure of these funds is limited to those purposes specified by statute.
No. 36-69482.120, RSMo, relating to the appointment of a judge of the magistrate court by the judge of the circuit court, and Section 451.180 relating to the appointment of a special probate judge by the Governor, are in conflict with Supreme Court Rule 11.05, which provides that the Supreme Court of Missouri make transfers to the probate and magistrate courts, and are null and void. A de facto judge appointed under either such section is not entitled to the compensation provided for the office. The de jure judge holding said office is entitled to the emoluments of the office.
No. 36-70Opinion letter to the Honorable John J. Johnson
No. 36-74Opinion letter to Mr. Edwin Pruitt , Jr.
No. 36-76Opinion letter to The Honorable Bob F. Griffin
No. 36-78Opinion letter to Mr. Stephen C. Bradford
No. 36-79Opinion Letter to Mr. Edwin M. Bode
No. 36-80Opinion Letter to The Honorable Harry Hill
No. 36-81Opinion letter to The Honorable George E. Murray
No. 36-82One or more cities and/or counties may enter into a contract for solid waste collection and for operation of a solid waste disposal facility. Cities and/or counties may not form a corporation to contract for and operate a solid waste disposal facility and may not jointly issue bonds to construct a solid waste processing facility.
No. 36-83Appropriated funds from the School for the Blind Trust Fund, the School for the Deaf Trust Fund, and the Handicapped Children's Trust Fund, if not earmarked by the donor for a special purpose, may be used to provide operating money for the school to which the funds were donated if the request for funds from general revenue has resulted in an appropriation from general revenue which is less than requested.
No. 36-87When purchasing creditable prior service as a state employee for military service, the amount of payment computed is to bear interest at least from the date that the employee was employed by the state after leaving military service and, if the employee does not pay the required amount at the time of filing his election to purchase credit with the retirement system, the employee is to pay interest upon any unpaid balance.
No. 36-88Opinion letter to Stanley M. Thompson
No. 36-89The phrase “duly chartered educational institution” as used in Section 345.025.1(1), RSMo 1986, does not include preschool entities, day care centers and rehabilitation centers which are primarily custodial but include educational or instructional terms in their charters, and the phrase “in the employ of” as used in Section 345.025.1(1) does not include independent contractors.
No. 36-91The Director of the Department of Revenue is authorized to disclose confidential tax information to the following parties for the following purposes: 1) the State Lottery Commission in order to offset existing tax liabilities against lottery prizes in accordance with Section 313.321.6, RSMo Supp.1990; 2) the Office of Administration in order to offset pursuant to Section 140.855, RSMo 1986, existing tax liabilities against sums the state owes to vendors who have entered into contracts with the state; 3) private attorneys and/or professional collection agencies in order to collect pursuant to Section 140.850, RSMo 1986, taxes owed to the Director of Revenue; and 4) the "quick print" facility operated by the Office of Administration to the extent necessary for copying records.
No. 36-2010Review and approval of a summary statement prepared for the initiative petition submitted by Bradley Ketcher (version 2) regarding a proposed amendment to Chapters 86 and 87, Revised Statutes of Missouri.
No. 36-2011Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Marc Ellinger pertaining to a proposed amendment to Article X of the Missouri Constitution (version 3a).
No. 36-2012Review 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 4).
No. 36-2013Review 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, version 2 (14-032).
No. 36-2014Review 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 19 (14-088).
No. 36-2015Review and rejection of the sufficiency as to form of an initiative petition submitted by Michael Dean (2016-034).
No. 36-2016Review and approval of a summary statement prepared for the initiative petition submitted by Bradley Ketcher regarding a proposed amendment to Article III of the Missouri Constitution, version 34 (2016-156).
No. 36-2017Review 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 6 (2018-078).
No. 36-2018Review 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 4 (2018-340).
No. 36-2019Review and approval of a summary statement prepared for the initiative petition submitted by Patricia Thomas regarding a proposed amendment to Article I of the Missouri Constitution (2020-019).
No. 36-2021Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Winston Apple amending Article III of the Missouri Constitution (2022-018).
No. 36-2022Review and approval of the sufficiency as to form of an initiative petition submitted by David Roland amending Article VIII of the Missouri Constitution (2024-014).
No. 36-2023Review and approval of the sufficiency as to form of an initiative petition submitted by Richard Speidel amending Article VI of the Missouri Constitution (2024-046).
No. 36-2024Review and rejection of the sufficiency as to form of an initiative petition submitted by Jamie Howard amending Article III of the Missouri Constitution (2026-012).
No. 36-2025Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Damien Johnson amending Article VIII of the Missouri Constitution (2026-022).
No. 37-62Opinion letter to Mr. John A. Hailey
No. 37-65Opinion letter to the Honorable Allen S. Parish
No. 37-67Fees for services rendered under Grain Warehouse Law shall be set by Commissioner of Agriculture to produce sufficient revenues to meet the expenses of administering the law.
No. 37-7021.150, RSMo Supp. 1967, which allows the members of the minority party of the House of Representatives to employ one stenographer or secretary for each five members of the minority party is not unconstitutional when tested by the “one man-one vote” principle as articulated by the Supreme Court of the United States.
No. 37-72Opinion letter to Mr. John C. Vaughn
No. 37-73Opinion letter to the Honorable N. William Phillips
No. 37-74A third class city located in a county which does not have a board of election commissioners may designate the number of election precincts within the boundaries of the municipality.
No. 37-75Division heads who are provided for in departmental plans pursuant to Section 1.6(2) of S.B. No. 1, First Extraordinary Session, General Assembly, are division heads who are to be appointed by the department director under Section 1.6(6) of S.B. No. 1, and therefore such appointments come under the exemption of subsection 1(1) of Section 36.030, H.B. No. 8, First Extraordinary Session, General Assembly, and are not covered by provisions of the merit system law, subject, of course, to Article IV, Section 19, Constitution of Missouri.
No. 37-76Opinion letter to the Honorable John W. , II