Missouri

Ag opinion

8,449 sections

No. 11-2016Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Bradley Ketcher amending Article XIV of the Missouri Constitution, version 38 (16-161).
No. 11-2017Review 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 8 (2018-049).
No. 11-2018Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Patricia Thomas amending Article V of the Missouri Constitution, version 1 (18-317).
No. 11-2019Review and rejection of the sufficiency as to form of an initiative petition submitted by Rik Combs to amend Article X of the Missouri Constitution, (2020-029).
No. 11-2020Review and approval of a summary statement prepared for the initiative petition submitted by James Owen regarding a proposed amendment to Chapter 393, RSMo (version 1) (2020-142).
No. 11-2021Review 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 (2022-007).
No. 11-2022Review and rejection of the sufficiency as to form of an initiative petition submitted by Tohlei Dumizo amending the Missouri Constitution (2022-088).
No. 11-2023Review and approval of the summary statement prepared for the initiative petition submitted by Winston Apple amending Article III of the Missouri Constitution (2024-006).
No. 11-2024Review and approval of the summary statement prepared for the initiative petition submitted by Deidre Hirner amending Chapter 196, RSMo (2024-174).
No. 11-2025Review and approval of the summary statement prepared for the initiative petition submitted by Deirdre Hirner amending Article X of the Missouri Constitution (2024-008).
No. 12-63School districts may be termed “Municipal Corporations”. Records and contracts required by statute to be kept by school districts are within the scope and effect of Sections 109.180 and 109.190 RSMo. Cum. Sup. 1961, and are open to inspection at all reasonable times. Records required to be maintained by statute are “public records”.
No. 12-64A municipality which owns a manufacturing or industrial facility developed under Section 71.790 to 71.850, RSMo 1963 Cum. Supp., may not require a tenant thereof, as part of the leasing agreement, to pay monies in lieu of taxes to another taxing body.
No. 12-65Use of brush rollers brought into a cosmetology shop or school by a patrol to be used solely and exclusively upon the head of such patron is not prohibited.
No. 12-69Opinion letter to the Honorable James A. Noland , Jr.
No. 12-70The City of Brentwood has the authority under Sections 71.680 and 71.690, RSMo, to charge and collect an annual fee for the collection of rubbish, and as a matter of convenience to bill for the fee on the annual real estate bill, so long as it is not considered and treated as a real estate tax.
No. 12-72Under subsection 3 of Section 167.151, RSMo 1969 (providing that a nonresident taxpayer must receive credit on tuition charged his child in an amount equal to the tax paid to the school district), school taxes paid in prior years or delinquent taxes paid in the current year may not be used as a credit against tuition charges for the current year. Furthermore, exceptional children, as defined by Section 178.260, RSMo 1969, whose parents are nonresident taxpayers of a district, are entitled to “appropriate instruction” in accordance with subsection 2 of Section 178.260, RSMo 1969.
No. 12-73Opinion letter to Herbert R. Domke , M.D.
No. 12-74Residents on land which is part of a federal flood control project are entitled to vote in local school district elections.
No. 12-75Opinion letter to Herbert R. Domke , M.D.
No. 12-76Opinion letter to the Honorable Ronald L. Boggs
No. 12-80A defendant sentenced to serve consecutive terms of imprisonment under the new criminal code must have his actual conditional release date computed by adding up the total of his prison terms on his respective consecutive sentences. He should be released on conditional release at the end of that total period of time. The length of his conditional release period is determined by adding the total of the conditional release terms on the respective consecutive sentences.
No. 12-81A filing fee is not required in an action brought on behalf of a county hospital organized under the provisions of § 205.160 for the collection of an overdue account.
No. 12-83Opinion letter to The Honorable James L. Mathewson
No. 12-84Opinion letter to Dr. Arthur L. Mallory
No. 12-87Opinion letter to Paul S. McNeill , Jr.
No. 12-2011Review and approval of a summary statement prepared for the initiative petition submitted by Ron Calzone (version C) regarding a proposed amendment to Chapter 116, Revised Statutes of Missouri.
No. 12-2012Review and approval of the sufficiency as to form of an initiative petition submitted by Mark Reading to amend Article X, Missouri Constitution (version 17).
No. 12-2013Review and approval of the sufficiency as to form of an initiative petition submitted by Herman Kriegshauser to amend Article X of the Missouri Constitution, version 2 (2014-022).
No. 12-2014Review and approval of a summary statement prepared for the initiative petition submitted by Aaron Willard regarding a proposed amendment to Article X of the Missouri Constitution (2014-078).
No. 12-2015Review and approval of a summary statement prepared for the initiative petition submitted by Nicholas Raines regarding a proposed amendment to Article IV of the Missouri Constitution (2016-013).
No. 12-2016Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Bradley Ketcher amending Article XIV of the Missouri Constitution, version 39 (16-162).
No. 12-2017Review and approval of a summary statement prepared for the initiative petition submitted by Sheila Dundon regarding a proposed amendment to Article XVI of the Missouri Constitution, version 1 (2018-051).
No. 12-2018Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Patricia Thomas amending Article V of the Missouri Constitution, version 2 (18-318).
No. 12-2019Review and rejection of the sufficiency as to form of an initiative petition submitted by Damien Johnson to amend Article III of the Missouri Constitution, (2020-030).
No. 12-2020Review and approval of a summary statement prepared for the initiative petition submitted by James Owen regarding a proposed amendment to Chapter 393, RSMo (version 2) (2020-143).
No. 12-2021Review and approval of the summary statement prepared for the initiative petition submitted by Chris Vas amending Article V of the Missouri Constitution (2022-006).
No. 12-2022Review and rejection of Opinion regarding the effect of proposition A on non-merit employees in St. Louis County.
No. 12-2023Review and approval of the summary statement prepared for the initiative petition submitted by Winston Apple amending Article III of the Missouri Constitution (2024-007).
No. 12-2024Review and approval of the legal content and form of the proposed fair ballot language prepared for the initiative petition submitted by Richard von Glahn amending Chapter 290, RSMo (2024-038).
No. 12-2025Review 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 (2026-012).
No. 13-63Opinion letter to the Honorable John A. Honssinger
No. 13-66Money received by the recorder of deeds for making xerox copies of legal documents on file in his office must be reported as “fees” accountable in a second class county as prescribed by Section 59.230, Mo. Supp. 1963. Money received by the recorder of deeds for making credit search and selling lists of chattel mortgages to various banks and loan companies does not constitute funds recoverable by the county as “fees” accountable under Section 59.230, Mo. Supp. 1963, or as money collected under color of office.
No. 13-69Graduation from or completion of courses offered by the Police Academy of Metropolitan St. Louis Police Department does not fulfill the requirements of Section 66.250, RSMo Supp. 1967.
No. 13-70The Boone County Court has no authority to convey by gift to the Boone County Agricultural and Mechanical Society real property belonging to the county.
No. 13-711. That a city in a drainage district organized under Chapter 242, RSMo, is not exempt from the maintenance tax levied by the board of supervisors of the district. 2. That a board of supervisors of such drainage district may charge for the privilege of allowing the overflow from a city’s sewage lagoon to spill into the drainage ditch if the drainage from the sewage lagoon did not exist when the drainage district was organized.
No. 13-74County recorders of deeds are not authorized to make reports on real estate lien searches for the Farmers Home Administration (Form -Mo 427-4, 4-2-71).
No. 13-77Opinion letter to Mr. Owens Lee Hull, Jr.
No. 13-82A second class county may, pursuant to Sections 260.215.2 and 260.215.4, RSMo, adopt a reasonable ordinance or regulation regarding the location of landfills within the unincorporated areas of the county, without becoming responsible for the requirements placed on cities and counties by Section 260.215.1. In the adoption of such an ordinance or regulation, the county court must follow the procedures outlined in Section 260.215.4. Such an ordinance or regulation, if adopted by the county, would be applicable to a third class city which proposes to locate a landfill in the unincorporated areas of the county.
No. 13-84Missouri law requires the Department of Mental Health to provide special educational services to school-aged, inpatient children who reside outside the school district of their domicile and whose condition renders them unable to leave the Department of Mental Health facility to which they are assigned. The Department of Elementary and Secondary Education has the authority to monitor the provision of educational services by the Department of Mental Health, for compliance with the Education of the Handicapped Act. The Department of Mental Health is required to provide a “due process" hearing either prior to or following the discharge of a school-age child when the Department of Mental Health acts as the educational provider. If the Department of Mental Health is not acting as the educational provider, the local school district or the Department of Elementary and Secondary Education, must provide such due process hearing. The Department of Mental Health need not continue treatment or care of school-age children discharged by the Department of Mental Health pending an “educational discharge" hearing. Section 162.970.4, RSMo, requires the Department of Mental Health to pay the serving district the amount by which the per pupil cost of special educational services exceeds the amount received from the domiciliary district and other state monies for severely handicapped school-age children in facilities or programs of the Department of Mental Health when the child is educated by the local district under Section 162.970.1, supra.
No. 13-85Opinion letter to The Honorable Weldon W. Perry, Jr.
No. 13-87An attorney who is also a member of the General Assembly of the State of Missouri may not render legal services to the Bi-State Development Agency of the Missouri-Illinois Metropolitan District because such would constitute “employment under ... any municipality” of the State of Missouri and would be prohibited by Article , Section 12, Missouri Constitution.
No. 13-89Opinion letter to Dennis W. Smithmier
No. 13-2011Review and approval of the sufficiency as to form of an initiative petition submitted by Marc Ellinger to amend Article X of the Missouri Constitution (version 1a).
No. 13-2012Review and approval of the sufficiency as to form of an initiative petition submitted by Mark Reading to amend Article X, Missouri Constitution (version 18).
No. 13-2013Review and approval of the sufficiency as to form of an initiative petition submitted by Mark Reading to amend Article X of the Missouri Constitution, version 2 (2014-023).
No. 13-2014Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Brad Ketcher amending Article III of the Missouri Constitution, version 3 (14-079).
No. 13-2015Review and rejection of the sufficiency as to form of an initiative petition submitted by Stacy Shore to amend Article IX of the Missouri Constitution (2016-019).
No. 13-2016Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Bradley Ketcher amending Article XIV of the Missouri Constitution, version 40 (16-163).
No. 13-2017Review and approval of a summary statement prepared for the initiative petition submitted by Sheila Dundon regarding a proposed amendment to Article XVI of the Missouri Constitution, version 2 (2018-052).
No. 13-2018Review and rejection of the sufficiency as to form of an initiative petition submitted by Theodis Brown to amend Chapter 47, Revised Statutes of Missouri (2018-330).
No. 13-2019Review and rejection of the sufficiency as to form of an initiative petition submitted by Theodis Brown to amend Chapter 320, Revised Statutes of Missouri, (2020-031).
No. 13-2020Review and approval of a summary statement prepared for the initiative petition submitted by James Owen regarding a proposed amendment to Chapter 393, RSMo (version 3) (2020-144).
No. 13-2021Review and approval of the summary statement prepared for the initiative petition submitted by Chris Vas amending Article V of the Missouri Constitution (2022-005).
No. 13-2022Review and approval of the sufficiency as to form of an initiative petition submitted by Tohlei Dumizo amending Article XV of the Missouri Constitution (2022-089).
No. 13-2023Review and approval of the summary statement prepared for the initiative petition submitted by Winston Apple amending Article III of the Missouri Constitution (2024-008).
No. 13-2024Review and approval of the legal content and form of the proposed fair ballot language prepared for the initiative petition submitted by Alixandra Cossette amending Article III of the Missouri Constitution (2024-160).
No. 13-2025Review and approval of the sufficiency as to form of an initiative petition submitted by Jamie Howard amending Article III of the Missouri Constitution (2026-013).
No. 14-64When, does the present terms of the County Board of Education of a third class County expire, under the provisions of paragraph four (4) of the new section 165.657? In third class Counties with two (2) County Court Districts, and under the provisions of paragraph five of said statute, may the voters in one County Court District vote on candidates in the other County Court District? Does the Legislature have the power to terminate or shorten the term of a properly elected and serving County School Board member?
No. 14-70Opinion letter to the Honorable Joseph Jaeger, Jr.
No. 14-73Opinion letter to Mr. Joseph Jaeger, Jr.
No. 14-75Opinion letter to Mr. Mark L. Edelman
No. 14-76Opinion letter to the Honorable Jim Arnold
No. 14-77A credit union in possession is not required to pay for the operating expense and compensation of a regular employee of the Division of Credit Unions who, as a part of his official duties, is operating the credit union in possession on behalf of the Director of the Division of Credit Unions.
No. 14-80The provisions of subsection 15 of § 104.310, RSMo Supp. 1979, relating to the definition of “employee” insofar as the Missouri State Employees’ Retirement System laws are concerned and providing that the word “employee” does not include any employee who is currently accumulating benefits under some other retirement or benefit fund to which the state is a contributor is not retroactive but is applicable beginning January 1, 1979. Such provisions allow certain persons to come within the definition of “employee” and to receive membership credit beginning January 1, 1979, if they are not accumulating benefits in another system to which the state is a contributor.
No. 14-82A city-county library district organized under Chapter 182, RSMo, may borrow short term funds for operating expenses.
No. 14-83(1) The tax levy authorized by the first sentence of Article X, Section 12(a), Missouri Constitution, and Section 137.555, RSMo 1978, is part of the “total property tax levy" as that phrase is defined in Section 67.500(5), RSMo Supp. 1982, and is subject to the County Sales Tax Act roll back. Four-fifths of the funds generated by this levy from property in a special road district are credited to the special road district and are excluded from the calculation of the County Sales Tax Act roll back pursuant to Section 67.505.3, RSMo Supp. 1982. (2) The levy authorized by the second sentence of Article X, Section 12(a), Missouri Constitution, and Sections 137.565 to 137.575, RSMo 1978, is not part of the “total property tax levy" as that phrase is defined in Section 67.500(5), RSMo Supp. 1982, and is not subject to the County Sales Tax Act roll back. (3) Counties are not authorized to grant county sales tax revenues to special road districts. (4) General road districts are those organized pursuant to Section 231.010, RSMo 1978.
No. 14-84No violation of the Nursing Practice Act occurs when a certified medication technician, who does not hold himself out as a nurse licensed to practice in Missouri, provides care in an Adult Day Health Care Program that is also an Associated Adult Day Health Care Program, so long as the care associated with a licensed long-term care facility is restricted to the administration of medication, excluding injectables other than insulin.
No. 14-85Opinion letter to The Honorable Marvin E. Proffer
No. 14-86Opinion letter to The Honorable Marvin E. Proffer
No. 14-87Opinion letter to The Honorable Merrill Townley
No. 14-88A county is authorized to expend a portion of its sales tax revenue derived from the tax authorized by Section 67.700, RSMo 1986, for maintenance of roads in special road districts, which roads are not state highways and which roads form a part of the county network of roads, either directly or by means of a contract with the special road district which contract complies with the provisions of Article VI, Section 16, Missouri Constitution of 1945, and Sections 70.210 to 70.320, RSMo 1986.
No. 14-2011Review and approval of the sufficiency as to form of an initiative petition submitted by Marc Ellinger to amend Article X of the Missouri Constitution (version 2a).
No. 14-2012Review and approval of the sufficiency as to form of an initiative petition submitted by Mark Reading to amend Article X, Missouri Constitution (version 19).
No. 14-2013Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Herman Kriegshauser amending Article X of the Missouri Constitution, version 2 (14-022).
No. 14-2014Review and approval of a summary statement prepared for the initiative petition submitted by Brad Ketcher regarding a proposed amendment to Article III of the Missouri Constitution, version 3 (2014-079).
No. 14-2015Review and rejection of the sufficiency as to form of an initiative petition submitted by Jill Carter to amend Article I of the Missouri Constitution (2016-020).
No. 14-2016Review and approval of the sufficiency as to form of an initiative petition submitted by Andy Zellers to amend Chapter 386, Revised Statutes of Missouri, version 37 (2016-202).
No. 14-2017Review and approval of a summary statement prepared for the initiative petition submitted by Sheila Dundon regarding a proposed amendment to Article XVI of the Missouri Constitution, version 3 (2018-053).
No. 14-2018Review and approval of a summary statement prepared for the initiative petition submitted by Patricia Thomas regarding a proposed amendment to Article XIV of the Missouri Constitution, version 1 (2018-313).
No. 14-2019Review and rejection of the sufficiency as to form of an initiative petition submitted by Damien Johnson to amend Article III of the Missouri Constitution, (2020-032).
No. 14-2020Review and approval of the legal content and form of the fair ballot language prepared for an initiative petition submitted by Heidi Miller amending Article IV of the Missouri Constitution (2020-063).
No. 14-2021Review and approval of the summary statement prepared for the initiative petition submitted by Chris Vas amending Article I of the Missouri Constitution (2022-004).
No. 14-2022Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Tohlei Dumizo amending Article XV of the Missouri Constitution (2022-089).
No. 14-2023Review and approval of the summary statement prepared for the initiative petition submitted by Winston Apple amending Chapter 130 & 143, RSMo (2024-009).
No. 14-2024Review and approval of the legal content and form of the proposed fair ballot language prepared for the initiative petition submitted by Greta Bax amending Article III of the Missouri Constitution (2024-165).
No. 14-2025Review and approval of the sufficiency as to form of an initiative petition submitted by Katherine Floyd amending Article I of the Missouri Constitution (2026-018).
No. 15-62Cigarette tax paid by wholesaler on cigarettes sold by him and later returned may be refunded to wholesaler in certain circumstances.
No. 15-64(1) Federal, state and county lands are not to be considered in calculating the percentage of agreements necessary to carry out recommended soil conservation measures and proper farm plans from owners of not less than sixty-five percent of the lands situated in the subdistrict required by Section 278.250, Cum. Supp. 1963; (2) The subdistrict levy under Section 278.250, supra, is to be assessed only upon real estate; (3) Under Section 278.170, Cum. Supp. 1963, the real estate in incorporated towns and cities may be included in a subdistrict and taxed; (4) For a city resident to vote in the referendum provided by Section 278.200, RSMo 1959, he must qualify as a land representative which is defined in Section 278.070, Cum. Supp. 1963; and (5) Incorporated towns and cities are not included in watershed subdistricts organized prior to October 13, 1963.
No. 15-66The reasonable expenses of “commitment” or “confinement” of an accused for observation in a State mental hospital pursuant to examination under Section 552.020, RSMo. Supp. 1965, or under Section 552.030, RSMo. Supp. 1965, relating respectively to fitness to proceed and mental disease or defect excluding responsibility in criminal proceedings, may be taxed as costs of prosecution under the provisions of Section 552.080, RSMo. Supp. 1965, Subsection 1(1).
No. 15-67A development finance corporation formed under the provisions of Chapter 371, RSMo, may borrow money from any number of persons including members at the same time. Money borrowed from nonmembers may be secured as provided by Section 371.130 (4), RSMo Supp. 1965, in any priority.