Missouri

Ag opinion

8,449 sections

No. 4-2017Review and approval of a summary statement prepared for the initiative petition submitted by Sean Soendker Nicholson regarding a proposed amendment to Article III of the Missouri Constitution, version 1 (2018-042).
No. 4-2018Review 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 4 (2018-308).
No. 4-2019Review and approval of the sufficiency as to form of an initiative petition submitted by Patricia Thomas to amend Article XIV, Sections 1-5, of the Missouri Constitution, (2020-022).
No. 4-2020Review and rejection of the sufficiency as to form of an initiative petition submitted by Mark Parachini (2020-145).
No. 4-2021Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Chris Vas amending Article I of the Missouri Constitution (2022-004).
No. 4-2022Review and approval of the summary statement prepared for the initiative petition submitted by Austin Shaffer amending Article XXI of the Missouri Constitution (2022-083).
No. 4-2023Review 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 (2024-015).
No. 4-2024Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Deidre Hirner amending Article X of the Missouri Constitution (2024-172).
No. 4-2025Review and approval of the sufficiency as to form of an initiative petition submitted by Jamie Howard amending Article III of the Missouri Constitution (2026-017).
No. 5-621. It is mandatory that the judge of a judicial circuit comprised of third and fourth class counties appoint a juvenile officer or enter into an agreement under which such an officer is appointed for his circuit and one or more other circuits. 2. It is permissible for a deputy juvenile officer to be appointed when no appointment of a juvenile officer for the circuit has been made. 3. A deputy juvenile officer, although appointed for an entire circuit, may be designated to serve one specific county within a judicial circuit at the exclusive discretion, and under the direction and control of the juvenile court for the circuit. 4. The salary and expense of deputy juvenile officers serving third and fourth class counties comprising a judicial circuit must be prorated amongst all of the counties of the circuit according to their population, regardless of how or where such deputies are directed to serve by the court.
No. 5-63The State is not liable for any jury fees except such as are taxable as costs pursuant to express statutory authorization. Jurors on the regular panel receive $6 per day and mileage; jurors not on the regular panel who serve in a case also receive $6 per day and mileage; and jurors who are summoned in cases described in Sec. 494.120, but do not serve in the trial also receive $6 per day, and also receive mileage if they have traveled at least one mile. No part of such compensation may be taxed as costs. Jurors not on the regular panel who are summoned in all cases other than those described in Sec. 494.120, but do not serve in the trial receive $3 per day, and the fees allowed to such jurors are to be taxed as costs in the cases in which they were summoned.
No. 5-65If state taxes have become a lien on Missouri real property during the time of private ownership, this lien continues to be an encumbrance on the property after acquisition by the Small Business Administration, but the lien is not enforceable as long as the Federal Government holds title. Also, the property is not subject to new levy and assessment for taxes while title is in the Federal Government.
No. 5-70Opinion letter to the Honorable William H. Wessel
No. 5-71A person who holds an unassigned certificate of purchase from a tax sale made in 1963 does not have a lien on the real estate described in the certificate, if such real estate is again sold for delinquent taxes in 1970 or subsequent years.
No. 5-73Opinion letter to the Honorable Donald E. Lamb
No. 5-74Opinion letter to the Honorable Joseph S. Kenton
No. 5-76Opinion letter to the Honorable Jerold L. Drake
No. 5-79Prosecuting attorneys are not required to pay court filing fees in civil actions to enforce or collect child support obligations for persons referred to their offices by the Division of Family Services of the Department of Social Services either in Aid to Families with Dependent Children () cases in which assignment of support rights has been made to the Division in behalf of the state or non- cases wherein there is no such assignment under Section 207.025, House Bill No. 1634, General Assembly.
No. 5-81Opinion letter to Barrett A. Toan
No. 5-83Opinion letter to The Honorable John Dennis
No. 5-84Opinion letter to Mr. Larry Ferrell
No. 5-85144.700 and 144.701, RSMo Supp. 1984, require all revenue derived from tax money deposited in the School District Trust Fund, Section 144.701, RSMo Supp. 1984, including interest derived from such fund, to be credited to the School District Trust Fund and distributed in the manner provided by Section 163.087, RSMo Supp. 1984.
No. 5-86Opinion letter to Honorable Anthony D. Ribaudo
No. 5-2011Review 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 2.
No. 5-2012Review and approval of the sufficiency as to form of an initiative petition submitted by Mark Reading to amend Article X, Missouri Constitution (version 10).
No. 5-2013Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Maureen Dickmann amending Chapters 367 and 408, Revised Statutes of Missouri, version 2 (14-018).
No. 5-2014Review and approval of the sufficiency as to form of an initiative petition submitted by Dan Viets to amend Article I of the Missouri Constitution, version 24 (2014-100).
No. 5-2015Review and approval of the sufficiency as to form of an initiative petition submitted by Nicholas Raines to amend Article IV of the Missouri Constitution (2016-013).
No. 5-2016Review 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 34 (16-156).
No. 5-2017Review and approval of a summary statement prepared for the initiative petition submitted by Sean Soendker Nicholson regarding a proposed amendment to Article III of the Missouri Constitution, version 2 (2018-043).
No. 5-2018Review 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 5 (2018-309).
No. 5-2019Review and approval of the sufficiency as to form of an initiative petition submitted by Patricia Thomas to amend Article V, version 1, of the Missouri Constitution, (2020-023).
No. 5-2020Review and rejection of the sufficiency as to form of an initiative petition submitted by Mark Parachini (2020-146).
No. 5-2021Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Chris Vas amending Article V of the Missouri Constitution (2022-005).
No. 5-2022Review and rejection of the sufficiency as to form of an initiative petition submitted by William Bolch amending the Missouri Constitution (2022-084).
No. 5-2023Review and approval of the sufficiency as to form of an initiative petition submitted by Lisa D'Souza amending Chapter 290, RSMo (2024-025).
No. 5-2024Review and approval of the summary statement prepared for the initiative petition submitted by Deidre Hirner amending Article X of the Missouri Constitution (2024-172).
No. 5-2025Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Jamie Howard amending Article III of the Missouri Constitution (2026-009).
No. 6-63Opinion letter to the Honorable Michael Kinney
No. 6-641. A magistrate judge may not remit a portion of a fine or a sentence of imprisonment previously imposed nor may he set aside a judgment of conviction previously imposed. 2. Magistrate courts may grant a stay of execution for a period of not more than six months at the expiration of which the defendant must comply with the sentence. A bond is required during the period that execution is stayed. 3. The magistrate court may grant a stay of execution for purposes of appeal for so long as is necessary until the judgment becomes final. A bond is also necessary under these circumstances. 4. All magistrate courts and the St. Louis Court of Criminal Correction do have the power to suspend either the imposition or the execution of sentence following a conviction of a misdemeanor. In so doing, the judge may place the defendant on probation. 5. Magistrate courts and the St. Louis Court of Criminal Correction are empowered to grant paroles to persons who are imprisoned pursuant to a conviction in said courts and prior to the expiration of the term of the sentence.
No. 6-67Third class city may sell water to other cities and to individuals beyond its corporate limits. Such city may not own facilities beyond its corporate limits to deliver such water. Such sales are not subject to jurisdiction of Public Service Commission. Third class city may not sell gas beyond its corporate limits. This opinion does not apply to cities having combined waterworks and sewerage systems which fall within the provisions of Section 250.190, RSMo.
No. 6-70When the citizens of a county are threatened by a disaster, the County Court has the authority to activate the county’s civil defense personnel without requesting authority from the governor; said person so activated have all rights, duties, and responsibilities granted them under Chapter 44 RSMo Supp. 1967 and by the rules and regulations thereunder.
No. 6-71Opinion letter to the Honorable Corley Thompson, Jr.
No. 6-73A county court of a fourth class county is authorized under Section 49.270, RSMo, to accept donations of real or personal property on the condition that such donations be used by the sheriff's office to perform general patrol duties throughout the county.
No. 6-75Opinion letter to the Honorable James A. Noland , Jr.
No. 6-76The Omnibus State Reorganization Act of 1974 authorizes the Director of Revenue to approve all salary increases for employees of the Missouri Highway Reciprocity Commission.
No. 6-77An employee of the state of Missouri who was employed by the Missouri State Highway Patrol from January 19, 1946 until February 24, 1946, and who then resigned to reenlist in the United States Army, and who subsequently served continuously in the United States Army until May of 1965, and who went to work for the state of Missouri in August of 1965, and has continuously been employed by the state since that time, is not entitled to receive prior state or military service credit with the Missouri State Employees' Retirement System from January, 1946 until August, 1965.
No. 6-81Depreciation is to be considered as an operating cost when calculating the average per capita cost of each type of care provided for residents of the Missouri Veteran's Home, pursuant to Section 42.110, RSMo 1978, and that depreciation also is to be included in determining the actual cost of care for such residents pursuant to the above statute.
No. 6-82A physician who requires that his patient accept drugs dispensed by the physician and refuses to provide the patient a prescription for such drugs which can be filled at a pharmacy of the patient's choice may be in violation of the Missouri Antitrust Law and Section 334.100.2(5), RSMo Supp. 1981; a physician who instructs or requires a patient to use a pharmacy in which the physician has a financial interest to fill a drug prescription may be in violation of the Missouri Antitrust Law and Section 334.100.2(5), RSMo Supp. 1981; a physician may not delegate to any person other than a licensed physician or pharmacist the preparation or dispensing of a prescription drug, but may allow an unlicensed person to prepare and affix, under his supervision, the label for such prescription; and a physician may not prescribe a drug by its brand or trade name and then dispense a therapeutically equivalent generic drug in a container labeled with the brand or trade name.
No. 6-84Opinion letter to The Honorable James F. Antonio,
No. 6-85Opinion letter to The Honorable John L. Goldman
No. 6-86Opinion letter to Arthur L. Mallory , Ph.D.
No. 6-2011Review and approval of the sufficiency as to form of an initiative petition submitted by Russell Purvis to amend Article III of the Missouri Constitution (version 1).
No. 6-2012Review and approval of the sufficiency as to form of an initiative petition submitted by Mark Reading to amend Article X, Missouri Constitution (version 11).
No. 6-2013Review and approval of a summary statement prepared for the initiative petition submitted by Lara Granich regarding a proposed amendment to Chapter 290, Revised Statutes of Missouri, version 5 (2014-014).
No. 6-2014Review and approval of the sufficiency as to form of an initiative petition submitted by Dan Viets to amend Article I of the Missouri Constitution, version 25 (2014-101).
No. 6-2015Review and approval of a summary statement prepared for the initiative petition submitted by Todd Jones regarding a proposed amendment to Article VIII of the Missouri Constitution (2016-007).
No. 6-2016Review 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 35 (16-157).
No. 6-2017Review and approval of a summary statement prepared for the initiative petition submitted by Sean Soendker Nicholson regarding a proposed amendment to Article III of the Missouri Constitution, version 3 (2018-044).
No. 6-2018Review 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 6 (2018-310).
No. 6-2019Review and approval of the sufficiency as to form of an initiative petition submitted by Patricia Thomas to amend Article V, version 2, of the Missouri Constitution, (2020-024).
No. 6-2020Review and rejection of the sufficiency as to form of an initiative petition submitted by Mark Parachini (2020-147).
No. 6-2021Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Chris Vas amending Article V of the Missouri Constitution (2022-006).
No. 6-2022Review and approval of the sufficiency as to form of an initiative petition submitted by Connor Toth amending Article VIII of the Missouri Constitution (2022-085).
No. 6-2023Review and approval of the sufficiency as to form of an initiative petition submitted by Lisa D'Souza amending Chapter 290, RSMo (2024-026).
No. 6-2024Review and rejection of the sufficiency as to form of an initiative petition submitted by Deidre Hirner amending Article XV of the Missouri Constitution (2024-173).
No. 6-2025Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Jamie Howard amending Article III of the Missouri Constitution (2026-010).
No. 7-62In the interpretation of the meaning of “gross income” as used in Section 143.170, the term should be limited to “income” as defined in Section 143.100.
No. 7-63Opinion letter to the Honorable Charles D. Trigg
No. 7-64Opinion letter to the Honorable Bill D. Burlison
No. 7-65Opinion letter to M. D. Overholser , M.D.
No. 7-71Opinion letter to the Honorable J. H. Frappier
No. 7-72Arrangements among insurance companies to effectuate the price or any part thereof of competitive bids submitted by automotive repair shops is an unlawful restraint of trade in violation of Sections 416.020 and 416.040, RSMo 1969. However, any arrangement between insurance company and automotive repair shop whereby the former requires the latter to afford it discounts on specified work is not violative of Sections 416.020, 416.030, or 416.040, RSMo 1969, absent an arrangement among insurance companies to effectuate such a practice. Also, any arrangement among insurance companies to limit competitive bidding on automotive repair to only those automotive repair shops which agree to pre-conditioned limits on their competitive bid is violative of Sections 416.030 and 416.040, RSMo 1969, as an unlawful restraint of trade.
No. 7-73The Board of Trustees of the Firemen’s and Police Pension Fund of the City of Jennings , Missouri, organized pursuant to Section 86.583, RSMo 1969, (1) cannot apply the funds of such system toward the purchase of accidental death or permanent total disability insurance policies, but (2) can enter into a contract with an insurance company whereby the insurance company would hold the funds of the system in a “separate account” and would invest same as authorized by Section 376.309 (4), RSMo 1969.
No. 7-76Opinion letter to Mr. John Brawley
No. 7-80Opinion Letter to The Honorable James L. Mathewson
No. 7-81Opinion letter to Dr. James Frank
No. 7-82The Board of Trustees of the Missouri State Employees' Retirement System may invest the funds of the system in the common stock of any corporation organized under the laws of the United States, or of any state, which has a good earnings growth but elects not to pay a cash dividend, subject to the limitations in Section 379.080.1, RSMo Supp. 1981, on the amount of stock purchased, which are enumerated in the body of this opinion. The Board of Trustees of the Missouri State Employees' Retirement System may also invest in the common stock of any solvent corporation organized under the laws of any territory or possession of the United States, or of the District of Columbia, or of Canada or any Canadian province, subject to the requirements expressed in Section 376.305, RSMo 1978, which are also enumerated in the body of this opinion. Both of the above permissible investments are subject to the prudent man rule regarding investments by trustees as expressed in Missouri court decisions.
No. 7-83The State Auditor must audit the accounts of the circuit courts and all divisions of the circuit courts pursuant to Article IV, Section 13, Missouri Constitution, and Section 29.200, RSMo 1978.
No. 7-85Opinion letter to Paul R. , Ph.D., M.P.A.
No. 7-86Opinion letter to The Honorable James R. Strong
No. 7-88Opinion letter to Michael Reagen , Ph.D.
No. 7-2011Review and approval of the sufficiency as to form of an initiative petition submitted by Russell Purvis to amend Article III of the Missouri Constitution (version 2).
No. 7-2012Review and approval of the sufficiency as to form of an initiative petition submitted by Mark Reading to amend Article X, Missouri Constitution (version 12).
No. 7-2013Review and approval of a summary statement prepared for the initiative petition submitted by Lara Granich regarding a proposed amendment to Chapter 290, Revised Statutes of Missouri, version 6 (2014-015).
No. 7-2014Review and approval of the sufficiency as to form of an initiative petition submitted by Dan Viets to amend Article I of the Missouri Constitution, version 26 (2014-102).
No. 7-2015Review and approval of a summary statement prepared for the initiative petition submitted by Dan Viets regarding a proposed amendment to Article I of the Missouri Constitution (2016-009).
No. 7-2016Review 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 36 (16-158).
No. 7-2017Review and approval of a summary statement prepared for the initiative petition submitted by Sean Soendker Nicholson regarding a proposed amendment to Article III of the Missouri Constitution, version 4 (2018-045).
No. 7-2018Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Patricia Thomas amending Article XIV of the Missouri Constitution, version 1 (18-313).
No. 7-2019Review and approval of the sufficiency as to form of an initiative petition submitted by Damien Johnson to amend Article III, of the Missouri Constitution, (2020-025).
No. 7-2020Review and rejection of the sufficiency as to form of an initiative petition submitted by Mark Parachini (2020-148).
No. 7-2021Review and approval of the sufficiency as to form of an initiative petition submitted by Ryan Meyer amending Article I of the Missouri Constitution (2022-010).
No. 7-2022Review and rejection of the sufficiency as to form of an initiative petition submitted by Tohlei Dumizo amending the Missouri Constitution (2022-086).
No. 7-2023Review and approval of the sufficiency as to form of an initiative petition submitted by Lisa D'Souza amending Chapter 290, RSMo (2024-027).
No. 7-2024Review and approval of the sufficiency as to form of an initiative petition submitted by Deidre Hirner amending Chapter 196, RSMo (2024-174).
No. 7-2025Review and approval of the summary statement prepared for the initiative petition submitted by Deirdre Hirner amending Article X of the Missouri Constitution (2024-004).
No. 8-63Regular jurors who are required to and who actually travel each day for which such mileage is claimed from their place of residence to the courthouse are entitled to mileage as well as per diem for each day of service as such jurors.
No. 8-64Opinion letter to Mr. John W. Ridgeway
No. 8-65All fees received by a circuit clerk or a circuit clerk acting as ex officio recorder of deeds for certifying documents under his control by virtue of his office as circuit clerk or recorder of deeds may not be retained but must be paid into the county treasury.