Missouri

Ag opinion

8,449 sections

No. 21-2011Review 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 9a).
No. 21-2012Review and approval of the sufficiency as to form of an initiative petition submitted by Jewell Patek to amend Chapters 367 and 408, Revised Statutes of Missouri (version 2).
No. 21-2013Review and approval of the sufficiency as to form of an initiative petition submitted by Whitfield Montgomery to amend Article III of the Missouri Constitution, version 2 (2014-027).
No. 21-2014Review 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 17 (2014-086).
No. 21-2015Review and rejection of the sufficiency as to form of an initiative petition submitted by Stacy Shore to amend Article IX of the Missouri Constitution, version 2 (2016-027).
No. 21-2016Review 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 44 (2016-209).
No. 21-2017Review and rejection of the sufficiency as to form of an initiative petition submitted by Damien Johnson to amend Article I of the Missouri Constitution (2018-112).
No. 21-2018Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Terry Briggs amending Chapter 142, Revised Statutes of Missouri, version 1 (18-324).
No. 21-2019Review and approval of a summary statement prepared for the initiative petition submitted by Michael Louis regarding a proposed amendment to Article I of the Missouri Constitution, version 4 (2020-015).
No. 21-2021Review and approval of the summary statement prepared for the initiative petition submitted by Ryan Meyer amending Article I of the Missouri Constitution (2022-011).
No. 21-2022Review and approval of the legal content and form of the proposed fair ballot language prepared for Constitutional Convention Question.
No. 21-2023Review and approval of the sufficiency as to form of an initiative petition submitted by Richard von Glahn amending Chapter 290, RSMo (2024-035).
No. 21-2024Review and approval of the sufficiency as to form of an initiative petition submitted by Andrew Lynn amending Chapter 513, RSMo (2026-001).
No. 21-2025Review 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 (2026-016).
No. 22-62(1) School boards may make rules and regulations requiring compulsory vaccination only where there is a threat of epidemic or an actual epidemic. (2) School boards may make rules and regulations requiring tuberculosis and general physical tests by a physician to determine existence of contagious or infectious diseases. (3) School boards may not require a dental examination by a dentist as a prerequisite to attendance in school, because a dentist is not a physician. (4) A school board may require a child in secondary school to take certain health courses as prerequisites to graduation.
No. 22-63It is the opinion of this office that in a case wherein the Secretary of State determines that the requested name of a Not For Profit Corporation is one so similar to a name previously on file in his office so as to mislead or deceive the general public or persons he may refuse to file such name.
No. 22-64Opinion letter to the Honorable Gerald Kiser
No. 22-71Opinion letter to Mr. Edwin M. Bode
No. 22-72Rules and regulations proposed by the Commissioner of Finance providing that state banks and trust companies may purchase securities of a corporation carrying on a project which is predominantly service, community or public in nature when such purchase has been authorized by the Comptroller of the Currency as a proper investment for national banking associations are a valid exercise of his rule making authority and may be enacted if approved by the State Banking Board.
No. 22-73A law calling for an election on the question of whether or not to hold a constitutional convention may be enacted by initiative.
No. 22-74Opinion letter to the Honorable Donald L. Manford
No. 22-75Opinion letter to Mr. George M. Camp
No. 22-76Opinion letter to Mr. Michael D. Garrett
No. 22-77Opinion letter to Mr. . Kenneth Carnes
No. 22-78Opinion letter to Mr. Carl R. Noren
No. 22-80Opinion Letter to The Honorable Carl Muckler
No. 22-81After a municipal election, the city council of a fourth class city must meet as soon as the results of the election can be declared, declare and certify such results, and allow the aldermen-elect to take office upon their taking the oath and qualifying. Such city has no authority to delay the aldermen-elect from taking office by ordinance provision delaying such date. A compensation increase passed with respect to such board of aldermen after the election and prior to the date the new aldermen take office to take effect when the new board of aldermen take office does not increase the compensation on that date of either the alderman-elect who was not previously an incumbent, the aldermen-elect who were incumbents, or the incumbents who were not up for election.
No. 22-82The proceeds received by the state in fiscal year 1981 from general obligation bonds issued by it constitute neither general nor special revenues of the state and are to be excluded from computations of total state revenue under Article X, Sections 16 to 24, Missouri Constitution.
No. 22-83Opinion letter to Mary-Jean Hackwood
No. 22-84548.243, RSMo Supp. 1983, does not authorize the state to reimburse a sheriff for expenses incurred by an extradition agency in returning a fugitive to Missouri who has waived extradition; and, if the Governor appoints an extradition agency as an agent to receive a fugitive under Section 548.221, RSMo 1978, then such agency could be compensated by the state pursuant to Section 548.241, RSMo Supp. 1983, upon the approval of the Governor.
No. 22-85Opinion letter to Eugene J. Feldhausen
No. 22-87Opinion letter to The Honorable Bob F. Griffin
No. 22-88(1) A decision by the county commission to close the courthouse would be beyond its authority and thus void; however, the commission is not prohibited from reducing the number of hours each day the courthouse is open to the public, and (2) the county commission's failure to pay elected officials does not alleviate or affect the county's obligation to pay them.
No. 22-2010Review and approval of a summary statement prepared for the initiative petition submitted by Marc Ellinger (version 10a) regarding a proposed amendment to Chapter 92, Revised Statutes of Missouri.
No. 22-2011Review 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 3).
No. 22-2012Review and approval of the sufficiency as to form of an initiative petition submitted by Paul C. Wilson to amend Chapters 386 and 393, Revised Statutes of Missouri (version 1.0a).
No. 22-2013Review and rejection of the sufficiency as to form of an initiative petition submitted by Jewell Patek to amend Article III of the Missouri Constitution (2014-028).
No. 22-2014Review 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 18 (2014-087).
No. 22-2015Review and rejection of the sufficiency as to form of an initiative petition submitted by Stacy Shore to amend Article IX of the Missouri Constitution, version 3 (2016-028).
No. 22-2016Review 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 45 (2016-210).
No. 22-2017Review and rejection of the sufficiency as to form of an initiative petition submitted by Damien Johnson to amend Article X of the Missouri Constitution (2018-113).
No. 22-2018Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Terry Briggs amending Chapter 142, Revised Statutes of Missouri, version 2 (18-325).
No. 22-2019Review and rejection of the sufficiency as to form of an initiative petition submitted by Carlton McRoerts to amend Miranda Rights of the Missouri Constitution, (2020-036).
No. 22-2021Review and approval of the summary statement prepared for the initiative petition submitted by Ryan Meyer amending Article I of the Missouri Constitution (2022-012).
No. 22-2022Letter from Attorney General Schmitt stating the Immediate Efficacy of Section 188.017, RSMo.
No. 22-2023Review and approval of the sufficiency as to form of an initiative petition submitted by Richard von Glahn amending Chapter 290, RSMo (2024-036).
No. 22-2024Letter to Honorable Mike Kehoe
No. 22-2025Review 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 (2026-017).
No. 23-62Areas within a municipality that has not enacted a city plan should be included in the county master plan.
No. 23-65(1) Soil and water districts, so long as they are acting within their powers granted them by state statute may be eligible to receive funds from Public Law 88-578 where federal requirements are met; (2) however, an appropriation would be needed to transmit these funds from the State to local government units; and (3) the designation of the Inter-Agency Council for Outdoor Recreation as the state agency in Missouri would be in conformity to Public Law 88-578.
No. 23-66Opinion letter to the Honorable Arthur B.
No. 23-67It is therefore the opinion of this office that the seal of a notary public may be imprinted directly upon the document or the impression may be affixed to the document. Either application is valid if the said seal bears the inscribed information required by Section 486.040, RSMo 1959. Any administrative rule or practice to the contrary appears to be in conflict with the above stated authorities.
No. 23-69(1) During a vacancy in the office of the clerk of the circuit court and pending the appointment of a successor by the Governor and qualification of such officer, the circuit court may appoint a temporary circuit clerk; (2) Such an appointment where the offices of circuit clerk and recorder are combined, also constitutes the person appointed by the court ex officio recorder as a matter of law; (3) Such clerk appointed by the circuit judge is entitled to the emoluments of the office during the period he serves as circuit clerk and recorder of deeds; (4) The person appointed by the Governor to fill such a vacancy is not entitled to any emoluments of office until such time as he duly qualifies for such office.
No. 23-70(1) Clay County can contract with the municipalities of Clay County to extend the taxes for said municipalities. (2) The County Clerk of Clay County has the discretionary authority to decide whether he will enter into a cooperative agreement with a municipality of Clay County to provide a common service pursuant to cooperative agreement statute; and assuming that the clerk of Clay County decides to enter such a contract, the contract must be taken before the county court of Clay County for approval. (3) Any consideration paid pursuant to a cooperative agreement contract for the extension of taxes between the county clerk of Clay County and the municipalities of Clay County must be paid into the county treasury.
No. 23-71Subsection 3 of the Division of Insurance’s Regulation 3.11, which defines “replacement of life insurance” is in compliance with Section 374.045(1), (3), RSMo 1969, because such regulation is reasonably related to Section 375.936(5), RSMo 1969.
No. 23-721. The State Highway Commission may not utilize state road or highway fund moneys to defray the cost of the administration of a system of permits for the regulation of outdoor advertising. 2. The adoption of the permit system by the State Highway Commission is mandatory under Section 226.550, RSMo Supp. 1971. 3. Regulations for a permit system for outdoor advertising need not be adopted by the State Highway Commission and filed with the Secretary of State prior to such system’s becoming effective. 4. Section 226.550, RSMo Supp. 1971, provides that permits be issued on a one-time basis. 5. Permits are specifically required only for the outdoor advertising specified in Section 226.520(5), RSMo 1969. Pre-existing signs that come within this provision are subject to permit regulation. Other pre-existing and non-conforming signs, subject to removal under Sections 226.560 and 226.580, RSMo 1969, need not obtain permits. 6. Section 226.550, RSMo Supp. 1971, refers to subparagraph (5) of Section 226.520, RSMo 1969. Therefore, outdoor advertising located in unzoned commercial or industrial areas, as defined and determined pursuant to Sections 226.500 to 226.600, RSMo 1969, is required to have a permit.
No. 23-73The board of education of a school district has authority under the provisions of subsection 1 of Section 168.106, RSMo 1969 and Section 171.011, RSMo 1969, to adopt a regulation requiring a permanent teacher to retire at sixty-five years of age.
No. 23-74Opinion letter to the Honorable John Twitty
No. 23-77The office of clerk of the Cape Girardeau Court of Common Pleas will be abolished as of January 2, 1979, when Article V, Section 27, Missouri Constitution, becomes effective.
No. 23-78The Missouri Real Estate Commission improperly issued broker's licenses in 1973 and 1974 to persons without requiring them to successfully pass the real estate broker's examination.
No. 23-79Opinion Letter to The Honorable Charles J. Becker
No. 23-82The Department of Mental Health may discharge persons from its placement program pursuant to discharge procedures and criteria established in Chapters 632 and 633, RSMo Supp. 1981. An individual who meets the criteria for placement in a placement program but not the criteria for admission to facility hospitalization may not be transferred from the former to the latter. The department may not continue to serve persons in a placement program who do not qualify for such treatment.
No. 23-85Opinion letter to The Honorable Edwin Dirck
No. 23-86Opinion letter to Charles E. Kruse
No. 23-88Opinion letter to Martin Mazzei
No. 23-91Opinion letter to The Honorable Steve Ehlmann
No. 23-2010Review and approval of the sufficiency as to form of an initiative petition (version 2) submitted by Bradley Ketcher to amend Chapters 86 and 87, Revised Statutes of Missouri.
No. 23-2011Review and approval of the sufficiency as to form of an initiative petition submitted by Matt Cologna to amend Chapter 115, Revised Statutes of Missouri (version 3).
No. 23-2012Review and approval of the sufficiency as to form of an initiative petition submitted by Mark Reading to amend Chapter 149, Revised Statutes of Missouri (version 5).
No. 23-2013Review and approval of a summary statement prepared for the initiative petition submitted by Marc Ellinger regarding a proposed amendment to Article IX of the Missouri Constitution (2014-024).
No. 23-2014Review 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 19 (2014-088).
No. 23-2015Review and rejection of the sufficiency as to form of an initiative petition submitted by Stacy Shore to amend Article IX of the Missouri Constitution, version 4 (2016-029).
No. 23-2016Review and approval of the sufficiency as to form of an initiative petition submitted by Bradley Ketcher to amend Chapters 196 & 210, Revised Statutes of Missouri, version 4 (2016-211).
No. 23-2017Review and approval of the sufficiency as to form of an initiative petition submitted by Damien Johnson to amend Article VIII of the Missouri Constitution (2018-114).
No. 23-2018Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Terry Briggs amending Chapter 142, Revised Statutes of Missouri, version 3 (18-326).
No. 23-2019Review and rejection of the sufficiency as to form of an initiative petition submitted by Carlton McRoerts to amend Miranda Rights of the Missouri Constitution, (2020-037).
No. 23-2021Review and approval of the sufficiency as to form of an initiative petition submitted by Matt Vitale amending Chapter 407, RSMo (2022-015).
No. 23-2022Review and approval of the sufficiency as to form of an initiative petition submitted by Winston Apple amending Article III of the Missouri Constitution (2024-001).
No. 23-2023Review and approval of the sufficiency as to form of an initiative petition submitted by Richard von Glahn amending Chapter 290, RSMo (2024-037).
No. 23-2024Review and rejection of the sufficiency as to form of an initiative petition submitted by Winston Apple amending Article III of the Missouri Constitution (2026-002).
No. 23-2025Review and approval of the summary statement prepared for the initiative petition submitted by Jamie Howard amending Article III of the Missouri Constitution (2026-012).
No. 24-62A contract made with a county court for services to be rendered the county must be in writing subscribed by the parties thereto with the consideration state therein and entered on the records of the county court.
No. 24-63Opinion letter to the Honorable Edgar J. Keating
No. 24-68(1) Warrant may be issued on a complaint without information in fourth class city unless offense is traffic offense. (2) Warrant cannot be issued for traffic offense without information in fourth class city. (3) Not necessary for city attorney in fourth class city be present in court in absence of an ordinance.
No. 24-69That Section 564.444 RSMo Supp. 1967, is civil in nature. Supreme Court Rule 41.02 is explicit in directing that the Rules of Civil Procedure shall govern civil practice and procedure in the Circuit Courts. The Rules of Civil Procedure provide for change of venue and appeal. It is our opinion that the Director of Revenue can apply for a change of venue or take an appeal in accordance with the provisions of the Rules of Civil Procedure in matters of judicial review of an order of revocation of a drivers license because of refusal to submit to a breath test issued under the provisions of Section 564.444.
No. 24-74The State Highway Department is subject to the provisions of Sections 8.310 and 8.320, RSMo 1969, and accordingly must obtain the formal approval of the Commissioner of Administration before letting contracts for repair, rehabilitation, or construction of buildings and facilities. The State Highway Department is not required to obtain the formal approval of the Commissioner of Administration before obtaining architectural documents, supervising construction, and performing maintenance and inspection, provided, however, that in carrying out these activities it must conform to the reasonable procedures outlined by the Commissioner of Administration pursuant to his rule-making authority under Section 8.320, RSMo 1969. The repair, maintenance, operation, construction, and administration of highways, bridges, and tunnels by the State Highway Department are not subject to the requirements of Sections 8.310 and 8.320, RSMo.
No. 24-75No valid contract existed between a teacher and a board of education when the teacher failed to secure before the beginning of school the specific certificate that was an express condition of the contract. Since there was no valid contract between the teacher and the school board, the teacher's certificate of license to teach cannot be revoked because no valid contract was annulled when the teacher failed and refused to teach in a position for which he did not have a valid certificate of license.
No. 24-80Opinion Letter to The Honorable Richard J. Fredrick
No. 24-82The Office of Administration must pay a workers' compensation assessment assessed by the director of the Division of Insurance pursuant to Section 287.730, RSMo 1978, the Office of Administration must file a return with the director of the Division of Insurance similar to that required by Section 287.710, RSMo Supp. 1981, and the Office of Administration is required to pay the Second Injury Fund assessment established in Section 287.715, RSMo 1978.
No. 24-84Opinion letter to The Honorable Estil Fretwell
No. 24-85Opinion letter to John A. Pelzer
No. 24-86Opinion letter to Richard Rice
No. 24-2010Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Bradley Ketcher (version 1) pertaining to a statutory amendment to Chapter 84, Revised Statutes of Missouri.
No. 24-2011Review and approval of the sufficiency as to form of an initiative petition submitted by Matt Cologna to amend Chapter 115, Revised Statutes of Missouri (version 3).
No. 24-2012Review and approval of the sufficiency as to form of an initiative petition submitted by Mark Reading to amend Chapters 149 and 196, Revised Statutes of Missouri (version 6).
No. 24-2013Review and approval of the legal content and form of a fiscal note summary prepared for an initiative petition submitted by Mark Reading amending Article I of the Missouri Constitution, version 3 (14-026).
No. 24-2014Review 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 20 (2014-089).
No. 24-2015Review and approval of the sufficiency as to form of an initiative petition submitted by Aundrea Riffle to amend Chapter 195, Revised Statutes of Missouri (2016-030).
No. 24-2016Review and approval of the sufficiency as to form of an initiative petition submitted by Bradley Ketcher to amend Chapters 196 & 210, Revised Statutes of Missouri, version 5 (2016-212).
No. 24-2017Review and approval of the sufficiency as to form of an initiative petition submitted by Emily Waggoner to amend Article I of the Missouri Constitution (2018-061).