Missouri

Ag opinion

8,449 sections

No. 15-69Opinion letter to the Honorable Don
No. 15-71(1) The board of trustees of a county hospital may not purchase liability insurance to cover their own negligence, as they are protected by sovereign immunity. (2) The county hospital board of trustees may authorize the purchase of liability insurance covering the negligence of the employees of a county hospital as a form of compensation. (3) The board of trustees of a county hospital does not waive its sovereign immunity by the purchase of a liability insurance policy covering its employees.
No. 15-72Opinion letter to the Honorable J. Anthony Dill
No. 15-73Opinion letter to the Honorable Charles M. LeCompt
No. 15-76Opinion letter to the Honorable Frank
No. 15-77Opinion letter to Mr. Robert H. Daugherty
No. 15-78The provisions of Section 411.150, RSMo 1969, allow the director of the Department of Agriculture to set fees for grain inspection and sampling services either on a uniform basis throughout the state or on a separate basis at each grain inspection location, based on the administrative expenses at that location, so long as the revenues produced from the fees meet the costs and expenses of administering Chapter 411.
No. 15-79Opinion Letter to Mr. David R. Freeman
No. 15-82Opinion letter to The Honorable Larry Mead
No. 15-83The Department of Mental Health does not have authority to expend state funds for the placement of mentally disordered patients outside the State of Missouri.
No. 15-87A regional port authority under Chapter 68, RSMo 1986, does have the authority to purchase real property outside of its designated boundaries, including property in an adjoining state, as long as it is necessary to fulfill the purposes of the port authority.
No. 15-90A fire protection district is authorized to enter into a cooperative agreement with a volunteer fire association incorporated as a not-for-profit corporation.
No. 15-2003A recorder of deeds shall accept for recordation land surveys prepared by a registered land surveyor that has either an embossed seal or a rubber stamp of the surveyor's seal.
No. 15-2011Review 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 3a).
No. 15-2012Review and rejection of the sufficiency as to form of an initiative petition submitted by Todd Jones to amend Article III, Missouri Constitution.
No. 15-2013Review and approval of a summary statement prepared for the initiative petition submitted by Herman Kriegshauser regarding a proposed amendment to Article X of the Missouri Constitution, version 2 (2014-022).
No. 15-2014Review 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, version 11 (2014-080).
No. 15-2015Review and approval of the sufficiency as to form of an initiative petition submitted by Jill Carter to amend Article I of the Missouri Constitution, version 1 (2016-021).
No. 15-2016Review 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 38 (2016-203).
No. 15-2017Review 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 4 (2018-054).
No. 15-2018Review 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 2 (2018-314).
No. 15-2019Review and rejection of the sufficiency as to form of an initiative petition submitted by Shetova Hayes to amend Chapter 558, Revised Statutes of Missouri, (2020-033).
No. 15-2020Review and approval of the legal content and form of a fiscal note summary prepared for Senate Substitute No. 3 for Senate Joint Resolution No. 38.
No. 15-2021Review and rejection of the sufficiency as to form of an initiative petition submitted by Chris Vas amending Article V of the Missouri Constitution (2022-014).
No. 15-2022Review and approval of the legal content and form of the proposed fair ballot language prepared for the initiative petition relating to Elections for state and Federal Officials. (2022-051)
No. 15-2023Review and approval of the summary statement prepared for the initiative petition submitted by Winston Apple amending Chapter 192, RSMo (2024-010).
No. 15-2024Review and approval of the legal content and form of the proposed fair ballot language prepared for the initiative petition submitted by Anna Fitz-James per amending Article I of the Missouri Constitution (2024-086).
No. 15-2025Review and approval of the sufficiency as to form of an initiative petition submitted by Katherine Floyd amending Chapter 213, RSMo (2026-019).
No. 16-64Any person who is convicted of operating a motor vehicle in an intoxicated condition, Section 564.440, RSMo Sum.Supp. 1963, and who was previously convicted of violating Section 564.440, RSMo 1959, shall be punished as a subsequent offender under the applicable provision of Section 564.440 RSMo Cum.Supp. 1963.
No. 16-65(1) Local school district that desires to operate a school of cosmetology must apply for registration and pay annual fee of $125.00. (2) Students of such schools must be registered and pay the student license fee.
No. 16-66Article , Section 12, Missouri Constitution 1945, prohibits teachers and other employees of a public school district from holding the office of State Senator or Representative.
No. 16-71Opinion letter to the Honorable Peter H.
No. 16-72Trustees of pension fund may make investments authorized by statutes without being restricted by constitutional limitations on investments by political corporations or subdivisions of the state.
No. 16-74The positions of director of a special school district and director of a six director district which is a component part of that special school district are incompatible and one person may not hold both positions at the same time.
No. 16-75Opinion letter to Mr. Lee E. Norbury
No. 16-76Opinion letter to the Honorable Wesley A. Miller
No. 16-77Opinion letter to Mr. Kenneth Karch
No. 16-79169.410 through 169.540 of the Revised Statutes of Missouri, as amended, do not allow the Board of Trustees of the Public School Retirement System of the City of St. Louis to establish a life insurance program for its active members and/or retirees.
No. 16-80Opinion Letter to Mr. David R. Freeman
No. 16-81A defendant receiving concurrent sentences on offenses committed both before and after the enactment of the present criminal code, can be held in prison beyond his conditional release date on the code sentence until he is granted release on the 7/ 12ths date on the pre-code sentence. However, the conditional release term should continue to run simultaneously with any periods of incarceration on the longer concurrent pre-code sentence.
No. 16-82Opinion letter to The Honorable Clarence H. Heflin
No. 16-83104.615, RSMo Supp. 1982, establishes a minimum normal annuity for members of the Missouri State Employees' Retirement System, and any elections made by a member pursuant to Sections 104.395 and 104.400.1, RSMo Supp. 1982, would result in an actuarial reduction to the minimum normal annuity; and the minimum annuity provisions of Section 104.615, RSMo Supp. 1982, shall be applied only to the normal annuity on all retirement benefit payments made by the Board of Trustees of the Missouri State Employees' Retirement System.
No. 16-84Opinion letter to The Honorable David Doctorian
No. 16-86Opinion letter to Michael L. Midyett
No. 16-87Opinion letter to Ronald R. Holliday
No. 16-89Opinion letter to The Honorable D. Blunt and The Honorable Margaret Kelly,
No. 16-90Opinion letter to James R. Moody
No. 16-2011Review 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 4a).
No. 16-2012Review and approval of the sufficiency as to form of an initiative petition submitted by Robert Hess to amend Chapters 149 and 196, Revised Statutes of Missouri (version A).
No. 16-2013Review and approval of the sufficiency as to form of an initiative petition submitted by Marc Ellinger to amend Article IX of the Missouri Constitution (2014-024).
No. 16-2014Review 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, version 12 (2014-081).
No. 16-2015Review and approval of the sufficiency as to form of an initiative petition submitted by Jill Carter to amend Article I of the Missouri Constitution, version 2 (2016-022).
No. 16-2016Review 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 39 (2016-204).
No. 16-2017Review and rejection of the sufficiency as to form of an initiative petition submitted by Damien Johnson to amend Article I of the Missouri Constitution (2018-107).
No. 16-2018Review and approval of a summary statement prepared for the initiative petition submitted by Patricia Thomas regarding a proposed amendment to Article VI of the Missouri Constitution (2018-315).
No. 16-2019Review and rejection of the sufficiency as to form of an initiative petition submitted by Winston Apple to amend Article III, version 1 of the Missouri Constitution, (2020-034).
No. 16-2020Review and approval of the legal content and form of the proposed fair ballot language prepared for Senate Substitute No. 3 for Senate Joint Resolution No. 38.
No. 16-2021Review and approval of the summary statement prepared for the initiative petition submitted by Winston Apple amending Article III of the Missouri Constitution (2022-007).
No. 16-2022Review and approval of the legal content and form of the proposed fair ballot language prepared for the initiative petition relating to Marijuana Use and Expunging Cannabis-related Criminal Records. (2022-059)
No. 16-2023Review and approval of the summary statement prepared for the initiative petition submitted by Wisnton Apple amending Chapter 286 & 143, RSMo (2024-010).
No. 16-2024Review and approval of the legal content and form of the proposed fair ballot language prepared for Senate Joint Resolutions No. 38
No. 16-2025Review and rejection of the sufficiency as to form of an initiative petition submitted by Katherine Floyd amending Chapter 213, RSMo (2026-020).
No. 17-62Opinion letter to the Honorable Joe H. Miller
No. 17-63Opinion letter to the Honorable John A. Honssinger
No. 17-65Amendment of Articles of Incorporation of Old American Insurance Company.
No. 17-67State Welfare Department is required to prepare public assistance budget of income and expenses in determining need for aid to the blind.
No. 17-68Since the assessed valuation of DeKalb County was determined to be more than $20,000,000 by the State Tax Commission in its complete report dated December 31, 1966, the Prosecuting Attorney of DeKalb County is entitled to the compensation authorized by Section 56.291, RSMo Cum. Supp. 1965, for counties with an assessed valuation of more than $20,000,000 for services performed on or after January 1, 1967.
No. 17-72Upon a third class county becoming a second class county, pursuant to Chapter 48, RSMo 1969, the alternative form of government, i.e., township organization, if previously adopted, automatically ceases to exist.
No. 17-73The obligation to provide emergency planning coordination applies to all political subdivisions in Missouri, including constitutional charter cities. Insofar as Section 44.080 designates the executive officer of a political subdivision as the person responsible for civil defense planning, it is inapplicable to constitutional charter cities. Each charter city is entitled to designate the person responsible for supervision of its civil defense obligation. With regard to the city of Springfield, the terms of its Charter presently would appear to empower only the city manager to supervise or carry out these functions, but other provision could be made by amending the Charter.
No. 17-75Opinion letter to the Honorable J. William Holliday
No. 17-76Opinion letter to Mr. J. Nielsen
No. 17-77Opinion letter to The Honorable James C. Kirkpatrick
No. 17-80The Director of the Division of Savings and Loan Supervision may not recognize additional sources of revenue to that division for purposes of the director's computation of just and reasonable per diem charges, but these examination charges should approximate in amount the total of the actual per diem charges for all division personnel participating in the examination and other expenses incurred by the division on account of that examination, as specified in subsection 1 of § 369.324.
No. 17-81If a defendant is sentenced to serve concurrent sentences of unequal length under the present criminal code, he must have the shorter sentence run continuously with the longer sentence. The conditional release term on the shorter sentence should continue to run during the prison term on the longer sentence.
No. 17-82A person who sells or offers for sale four or more mobile homes in any consecutive twelve-month period must register with the Public Service Commission as a dealer, pursuant to Chapter 700, RSMo 1978, regardless of whether such person owns the mobile homes he or she sells or whether such person merely acts as an agent for a mobile home owner who wishes to sell only one mobile home.
No. 17-85(1) Third class cities under the mayor-council form of government pursuant to Chapter 77, RSMo 1978 and RSMo Supp. 1984, may provide fire protection services outside the city limits, so long as the safety, health, welfare, property, or commerce of the inhabitants of the city are benefited thereby; and (2) such cities may enter into mutual aid agreements with "voluntary" fire service organizations, so long as the safety, health, welfare, property, or commerce of the inhabitants of the city are benefited thereby.
No. 17-87Opinion letter to Downing
No. 17-2010A charter city is authorized to impose a city-wide trash service upon its citizens. If the city chooses to make the service mandatory, a citizen may not legally refuse to pay for the trash services. The city may bill the service as part of a water bill, but only if the trash service fee is stated separately, and with the restriction that the city may not shut off other utilities for non-payment of trash service.
No. 17-2011Review 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 5a).
No. 17-2012Review and rejection of the sufficiency as to form of an initiative petition submitted by Robert Hess to amend Chapters 149 and 196, Revised Statutes of Missouri (version B).
No. 17-2013Review and rejection of the sufficiency as to form of an initiative petition submitted by Whitfield Montgomery to amend Article III of the Missouri Constitution (2014-025).
No. 17-2014Review 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, version 13 (2014-082).
No. 17-2015Review and rejection of the sufficiency as to form of an initiative petition submitted by Jill Carter to amend Article I of the Missouri Constitution, version 3 (2016-023).
No. 17-2016Review 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 40 (2016-205).
No. 17-2017Review and rejection of the sufficiency as to form of an initiative petition submitted by Damien Johnson to amend Article X of the Missouri Constitution (2018-108).
No. 17-2018Review 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 3 (2018-316).
No. 17-2019Review and rejection of the sufficiency as to form of an initiative petition submitted by Winston Apple to amend Article III, version 2 of the Missouri Constitution, (2020-035).
No. 17-2021Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Ryan Meyer amending Article I of the Missouri Constitution (2022-010).
No. 17-2022Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition related to House Joint Resolution No. 116.
No. 17-2023Review and approval of the sufficiency as to form of an initiative petition submitted by Richard von Glahn amending Chapter 290, RSMo (2024-031).
No. 17-2024Review and approval of the legal content and form of the proposed fair ballot language prepared for Senate Joint Resolutions No. 71
No. 17-2025Review 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 (2026-014).
No. 18-62No election may be held in the City of Hannibal to name city officials on a partisan basis pursuant to the charter amendment of August 22, 1961, prior to the second Tuesday in April, 1963, the next regular election date.
No. 18-65Opinion letter to the Honorable J. R. Fritz
No. 18-66(1) “Equalization quota” and “Second level equalization quota aid shall be paid to the school district wherein the assigned pupil resides as provided by Sections 163.031(1) and 163.033, RSMo. Supp. 1965; (2) “Flat grant” aid shall be paid to the school district where the assigned pupil attends school as provided by Section 163.031(3), RSMo. Supp. 1965; (3) In calculating tuition rate of an assigned pupil, the per pupil cost of maintaining the school attended should be reduced by the amount of “flat grant” aid per pupil, as provided by Section 167.131, RSMo. Supp. 1965.
No. 18-69Opinion letter to the Honorable Ralph Combs
No. 18-71A taxpayer who refuses to pay Missouri state income tax can be prosecuted for a misdemeanor pursuant to Section 143.330(4), RSMo 1969.
No. 18-721. Under Section 168.126, RSMo 1969, a board of education need not give a probationary teacher ninety days notice prior to April 15 of its intention not to rehire the teacher because of incompetency in order to lawfully refuse to renew that probationary teacher’s contract for the next school year; 2. The time periods in Sections 168.116 and 168.126, RSMo 1969, should be computed on the basis of calendar days excluding the first day and including the last in accordance with Section 1.040, RSMo 1969.
No. 18-73Opinion letter to the Honorable Robert O. Snyder
No. 18-74Opinion letter to the Honorable C. E. Hamilton, Jr.