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Missouri Attorney General

2009 Attorney General Opinions

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2009 Missouri Attorney General's Opinions

OPINIONDATETOPICSUMMARY
70-2009Jan 9Initiative Petition.
Initiatives.
Review and rejection of the sufficiency as to form of an initiative petition submitted by David Rouchka regarding a proposed constitutional amendment to Article I of the Missouri Constitution.
71-2009Jan 16Initiatives. Initiative Petition.Review and approval of the legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, for an initiative petition (version 3b) proposing an amendment to Article I of the Missouri Constitution relating to eminent domain.
72-2009Jan 16Initiatives. Initiative Petition.Review and approval of the legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, for an initiative petition (version 3a) proposing an amendment to Article I of the Missouri Constitution relating to eminent domain.
73-2009Jan 16Initiatives. Initiative Petition.Review and approval of the legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, for an initiative petition (version 3d) proposing an amendment to Article I of the Missouri Constitution relating to eminent domain.
75-2009Jan 16Initiative Petition.
Initiatives.
Review and approval of a summary statement prepared pursuant to Section 116.334, RSMo, regarding an initiative petition (version 3a) to amend Article I of the Missouri Constitution relating to eminent domain.
76-2009Jan 16Initiative Petition.
Initiatives.
Review and approval of a summary statement prepared pursuant to Section 116.334, RSMo, regarding an initiative petition (version 3b) to amend Article I of the Missouri Constitution relating to eminent domain.
77-2009Jan 16Initiative Petition.
Initiatives.
Review and approval of a summary statement prepared pursuant to Section 116.334, RSMo, regarding an initiative petition (version 3d) to amend Article I of the Missouri Constitution relating to eminent domain.
78-2009Jan 16Initiative Petition.
Initiatives.
Review and approval of the sufficiency as to form of an initiative petition (version 2) submitted by David Rouchka for a proposed amendment to Article I of the Missouri Constitution relating to secret ballots.
79-2009Jan 16Initiatives. Initiative Petition.Review and approval of the legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, for an initiative petition (version 2) proposing an amendment to Article III of the Missouri Constitution.
80-2009Jan 22Initiative Petition.
Initiatives.
Review and rejection of the sufficiency as to form of an initiative petition submitted by Theodis Brown seeking to change the status of a city, town, or village.
82-2009Jan 26Initiative Petition.
Initiatives.
Review and approval of a summary statement prepared pursuant to Section 116.334, RSMo, regarding an initiative petition (version 2) to amend Article III of the Missouri Constitution relating to stem cell research.
83-2009Apr 16City Contracts.
Collective Bargaining.
Labor and Labor Unions.
Labor Negotiations.
Public Contracts.
Sunshine Law.
Negotiation meetings between the City of Kansas City and the International Association of Fire Fighters, Local 42, for the purpose of negotiating a memorandum of understanding pursuant to Section 105.520, can be closed pursuant to Sections 610.010 through 610.035. However, when the written proposals are subject to adoption, modification or rejection by the governing body, the meeting can no longer be closed.
85-2009Feb 5Initiative Petition.
Initiatives.
Review and rejection of the sufficiency as to form of an initiative petition (version 2) submitted by Angela Basham regarding a proposed constitutional amendment related to Article X.
95-2009Feb 19Initiative Petition.
Initiatives.
Review and approval of the sufficiency as to form of an initiative petition (version 2) submitted by Herman Kriegshauser for a proposed amendment to Article X of the Missouri Constitution.
98-2009Feb 26Initiative Petition.
Initiatives.
Review and approval of the sufficiency as to form of an initiative petition (version 3) submitted by David Rouchka for a proposed amendment to Article I of the Missouri Constitution relating to secret ballots.
99-2009Feb 26Initiative Petition.
Initiatives.
Review and rejection of the sufficiency as to form of an initiative petition (version 3) submitted by Angela Basham regarding a proposed constitutional amendment related to Article X.
100-2009Feb 26Initiative Petition.
Initiatives.
Review and approval of the sufficiency as to form of an initiative petition (version 1) submitted by Todd Jones for a proposed amendment to Article III of the Missouri Constitution making it unlawful to expend, pay, or grant any public funds for abortion services.
101-2009Feb 26Initiative Petition.
Initiatives.
Review and approval of the sufficiency as to form of an initiative petition (version 2) submitted by Todd Jones for a proposed amendment to Article III of the Missouri Constitution making it unlawful to expend, pay, or grant any public funds for human cloning.
102-2009Feb 26Initiative Petition.
Initiatives.
Review and approval of the sufficiency as to form of an initiative petition (version 3) submitted by Todd Jones for a proposed amendment to Article III of the Missouri Constitution making it unlawful to expend, pay, or grant any public funds for prohibited human research.
103-2009Mar 6Initiatives. Initiative Petition.Review and approval of the legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, for an initiative petition (version 2) proposing an amendment to Article X of the Missouri Constitution.
105-2009Mar 13Initiative Petition.
Initiatives.
Review and approval of a summary statement prepared pursuant to Section 116.334, RSMo, regarding an initiative petition (version 2) regarding a proposed constitutional amendment related to Article X.
107-2009Jul 24County Commission.
County Offices.
Office Hours
County commissions have authority to set the number of days per week that county offices are open, but do not have authority to set the work hours for those offices or employees not under their supervision.
108-2009Mar 13Initiative Petition.
Initiatives.
Review and approval of the legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, for an initiative petition (version 3) proposing an amendment to Article I of the Missouri Constitution.
109-2009Mar 19Initiative Petition.
Initiatives.
Review and rejection of the sufficiency as to form of an initiative petition (version 4) submitted by Angela Basham regarding a proposed constitutional amendment related to Article X.
110-2009Mar 19Initiatives. Initiative Petition.Review and approval of the legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, for an initiative petition (version 1) proposing an amendment to Article III of the Missouri Constitution.
111-2009Mar 19Initiatives.
Initiative petition.
Review and approval of the legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, for an initiative petition (version 2) proposing an amendment to Article III of the Missouri Constitution.
112-2009Mar 19Initiatives.
Initiative petition.
Review and approval of the legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, for an initiative petition (version 3) proposing an amendment to Article III of the Missouri Constitution.
113-2009Mar 19Initiatives.
Initiative petition.
Review and approval of a summary statement prepared pursuant to Section 116.334, RSMo, regarding an initiative petition (version 1) to amend Article III of the Missouri Constitution.
114-2009Mar 19Initiatives.
Initiative petition.
Review and approval of a summary statement prepared pursuant to Section 116.334, RSMo, regarding an initiative petition (version 2) to amend Article III of the Missouri Constitution.
115-2009Mar 19Initiatives.
Initiative petition.
Review and approval of a summary statement prepared pursuant to Section 116.334, RSMo, regarding an initiative petition (version 3) to amend Article III of the Missouri Constitution.
116-2009Mar 19Initiatives.
Initiative petition.
Review and approval of a summary statement prepared pursuant to Section 116.334, RSMo, regarding an initiative petition (version 3) to amend Article I of the Missouri Constitution.
117-2009Apr 3Initiative Petition.
Initiatives.
Review and rejection of the sufficiency as to form of an initiative petition (version 5) submitted by Angela Basham regarding a proposed constitutional amendment related to Article X.
120-2009Apr 15Initiative Petition.
Initiatives.
Review and rejection of the sufficiency as to form of an initiative petition (version 6) submitted by Angela Basham regarding a proposed constitutional amendment related to Article X.
121-2009Aug 13COMPENSATION FOR TOWNSHIP TRUSTEE:
POLITICAL SUBDIVISIONS:
TOWNSHIP TRUSTEE:
TOWNSHIPS:
Section 65.230 creates a narrow exception to the common law rule forbidding contracts that pay officials for extra services germane to their offices.
122-2009May 6Initiative Petition.
Initiatives.
Review and rejection of the sufficiency as to form of an initiative petition (version 7) submitted by Angela Basham regarding a proposed constitutional amendment related to Article X.
125-2009Jun 5Aliens.
Municipalities.
Sanctuary Policy.
Section 67.307, when read in combination with §§ 285.530, .535, and .550, requires that a municipality (1) notify its law enforcement officers of their duty to cooperate with state and federal officials enforcing the immigration laws and (2) revoke any permit or license of a person upon notice from the Attorney General that the permittee or licensee has been found to employ illegal aliens.
127-2009Jun 3Initiative Petition.
Initiatives.
Review and approval of the sufficiency as to form of an initiative petition (version 8) submitted by Angela Basham for a proposed amendment to Article X of the Missouri Constitution.
129-2009Jun 17Initiative Petition.
Initiatives.
Review and rejection of the sufficiency as to form of an initiative petition submitted by Theo Ted Brown regarding a proposed change in the St. Louis County boundary.
132-2009Jun 23Initiatives.
Initiative Petition.
Review and approval of the legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, for an initiative petition (version 8) proposing an amendment to Article X of the Missouri Constitution.
133-2009Jun 25Initiative Petition.
Initiatives.
Review and rejection of the sufficiency as to form of an initiative petition sample sheet (version 1) to amend Article III of the Missouri Constitution submitted by Todd Jones.
134-2009Jun 25Initiative Petition.
Initiatives.
Review and approval of the sufficiency as to form of an initiative petition (version 2) submitted by Todd Jones for a proposed amendment to Article III of the Missouri Constitution.
135-2009Jun 25Initiative Petition.
Initiatives.
Review and rejection of the sufficiency as to form of an initiative petition sample sheet (version 3) to amend Article III of the Missouri Constitution submitted by Todd Jones.
136-2009Jun 25House Joint Resolution.Review and approval of the legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, for House Joint Resolution No. 15 relating to property tax exemption.
137-2009Jun 25Senate Joint Resolution.Review and approval of the legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, for Senate Joint Resolution No. 5 relating to county assessors.
138-2009Jun 25Initiatives.
Initiative Petition.
Review and approval of a summary statement prepared pursuant to Section 116.334, RSMo, for an initiative petition (version 8) submitted by Angela Basham regarding a proposed amendment to Article X of the Missouri Constitution.
139-2009Jun 25Senate Joint Resolution.Review and approval of a summary statement prepared pursuant to Section 116.160, RSMo, for Senate Joint Resolution No. 5 relating to county assessors.
140-2009Jun 25Fair Ballot Language.
Senate Joint Resolution.
Review and approval of the legal content and form of the proposed fair ballot language statement prepared pursuant to Section 116.025, RSMo, for Senate Joint Resolution No. 5 relating to county assessors.
141-2009Jun 25House Joint Resolution.Review and approval of a summary statement prepared pursuant to Section 116.160, RSMo, for House Joint Resolution No. 15 relating to property tax exemption.
142-2009Jun 25Fair Ballot Language.
House Joint Resolution.
Review and approval of the legal content and form of the proposed fair ballot language statement prepared pursuant to Section 116.025, RSMo, for House Joint Resolution No. 15 relating to property tax exemption.
143-2009Jun 25Initiative Petition.
Initiatives.
Review and rejection of the sufficiency as to form of an initiative petition sample sheet submitted by Theo Ted Brown regarding the metro security license program.
144-2009Jun 25Initiative Petition.
Initiatives.
Review and rejection of the sufficiency as to form of an initiative petition sample sheet submitted by Theo Ted Brown regarding press passes.
148-2009Jun 25Initiative Petition.
Initiatives.
Review and rejection of the sufficiency as to form of an initiative petition sample sheet submitted by Theo Ted Brown regarding the office of sheriff.
149-2009Jun 25Initiative Petition.
Initiatives.
Review and rejection of the sufficiency as to form of an initiative petition sample sheet submitted by Theodis “Ted” Brown regarding a boundary change in St. Louis County.
150-2009Jul 1Initiative Petition.
Initiatives.
Review and approval of the sufficiency as to form of an initiative petition (version 1) submitted by Charles Hatfield for a proposed amendment to Article X of the Missouri Constitution.
151-2009Jul 1Initiative Petition.
Initiatives.
Review and approval of the sufficiency as to form of an initiative petition (version 2) submitted by Charles Hatfield for a proposed amendment to Article X of the Missouri Constitution.
155-2009Jul 9Initiative Petition.
Initiatives.
Review and approval of the sufficiency as to form of an initiative petition (version 3) submitted by Charles Hatfield for a proposed amendment to Article X of the Missouri Constitution.
156-2009Jul 9Initiative Petition.
Initiatives.
Review and rejection of the sufficiency as to form of an initiative petition sample sheet submitted by Theo Ted Brown regarding a boundary change in St. Louis County.
157-2009Jul 9Initiatives.
Initiative Petition.
Review and approval of the legal content and form of a fiscal note summary for an initiative petition (version 2) submitted by Todd Jones proposing an amendment to Article III of the Missouri Constitution.
158-2009Jul 15Initiative Petition.
Initiatives.
Review and rejection of the sufficiency as to form of an initiative petition sample sheet submitted by Theodis “Ted” Brown regarding a boundary change in St. Louis County (version 2).
160-2009Jul 15Initiative Petition.
Initiatives.
Review and approval of the sufficiency as to form of an initiative petition (version 2) submitted by Marsha Taylor, M.D. for a proposed amendment to Article I of the Missouri Constitution.
161-2009Jul 15Initiative Petition.
Initiatives.
Review and approval of the sufficiency as to form of an initiative petition (version 1) submitted by Todd Jones for a proposed amendment to Article III of the Missouri Constitution.
162-2009Jul 15Initiative Petition.
Initiatives.
Review and approval of the sufficiency as to form of an initiative petition (version 2) submitted by Todd Jones for a proposed amendment to Article III of the Missouri Constitution.
163-2009Jul 15Initiative Petition.
Initiatives.
Review and approval of the sufficiency as to form of an initiative petition (version 3) submitted by Todd Jones for a proposed amendment to Article III of the Missouri Constitution.
164-2009Jul 15Initiative Petition.
Initiatives.
Review and rejection of the sufficiency as to form of an initiative petition sample sheet (version 4) submitted by Todd Jones for a proposed amendment to Article III of the Missouri Constitution.
165-2009Jul 15Initiative Petition.
Initiatives.
Review and approval of the sufficiency as to form of an initiative petition (version 5) submitted by Todd Jones for a proposed amendment to Article III of the Missouri Constitution.
166-2009Jul 15Initiative Petition.
Initiatives.
Review and approval of a summary statement prepared for the initiative petition submitted by Todd Jones (version 2) regarding a proposed amendment to Article III of the Missouri Constitution.
167-2009Jul 15Initiative Petition.
Initiatives.
Review and approval of the sufficiency as to form of an initiative petition submitted by Tim Asher for a proposed amendment to Article I of the Missouri Constitution.
168-2009Jul 15Initiative Petition.
Initiatives.
Review and rejection of the sufficiency as to form of an initiative petition sample sheet (version 3) submitted by Theo Ted Brown regarding a boundary change in St. Louis County.
169-2009Jul 24Initiative Petition.
Initiatives.
Review and rejection of the sufficiency as to form of an initiative petition sample sheet (version 4) submitted by Theo Ted Brown pertaining to a St. Louis County boundary change.
171-2009Jul 24Initiatives.
Initiative Petition.
Review and approval of the legal content and form of a fiscal note summary for an initiative petition (version 1) submitted by Charles Hatfield proposing an amendment to Article X, Section 25 of the Missouri Constitution.
172-2009Jul 24Initiatives.
Initiative Petition.
Review and approval of the legal content and form of a fiscal note summary for an initiative petition (version 2) submitted by Charles Hatfield proposing an amendment to Article X, Section 25 of the Missouri Constitution.
173-2009Jul 24Initiative Petition.
Initiatives.
Review and approval of a summary statement prepared for the initiative petition submitted by Charles Hatfield (version 1) regarding a proposed amendment to Article X, Section 25 of the Missouri Constitution.
174-2009Jul 24Initiative Petition.
Initiatives.
Review and approval of a summary statement prepared for the initiative petition submitted by Charles Hatfield (version 2) regarding a proposed amendment to Article X, Section 25 of the Missouri Constitution.
175-2009Jul 24Initiative Petition.
Initiatives.
Review and approval of a summary statement prepared for the initiative petition submitted by Charles Hatfield (version 3) regarding a proposed amendment to Article X, Section 25 of the Missouri Constitution.
176-2009Jul 31Initiatives.
Initiative Petition.
Review and approval of the legal content and form of a fiscal note summary for an initiative petition (version 3) submitted by Charles Hatfield proposing an amendment to Article X, Section 25 of the Missouri Constitution.
177-2009Aug 5Initiative Petition.
Initiatives.
Review and approval of a summary statement prepared for the initiative petition submitted by Tim Asher regarding a proposed amendment to Article I of the Missouri Constitution.
178-2009Aug 5Initiative Petition.
Initiatives.
Review and approval of a summary statement prepared for the initiative petition (version 2) submitted by Dr. Marsha Taylor regarding a proposed amendment to Article I, Section 36 of the Missouri Constitution.
179-2009Aug 5Initiative Petition.
Initiatives.
Review and approval of a summary statement prepared for the initiative petition (version 1) submitted by Todd Jones regarding a proposed amendment to Article III, Section 38 of the Missouri Constitution.
183-2009Aug 5Initiatives.
Initiative Petition.
Review and approval of the legal content and form of a fiscal note summary for an initiative petition submitted by Dr. Marsha Taylor regarding a proposed amendment to Article I, Section 36 of the Missouri Constitution.
184-2009Aug 5Initiative Petition.
Initiatives.
Review and approval of the legal content and form of a fiscal note summary for an initiative petition (version 1) submitted by Todd Jones regarding a proposed amendment to Article III, Section 38 of the Missouri Constitution.
185-2009Aug 5Initiative Petition.
Initiatives.
Review and approval of the legal content and form of a fiscal note summary for an initiative petition (version 2) submitted by Todd Jones regarding a proposed amendment to Article III, Section 38 of the Missouri Constitution.
186-2009Aug 5Initiative Petition.
Initiatives.
Review and approval of the legal content and form of a fiscal note summary for an initiative petition (version 3) submitted by Todd Jones regarding a proposed amendment to Article III, Section 38 of the Missouri Constitution.
187-2009Aug 5Initiative Petition.
Initiatives.
Review and approval of the legal content and form of a fiscal note summary for an initiative petition (version 3) submitted by Todd Jones regarding a proposed amendment to Article III, Section 38 of the Missouri Constitution.
190-2009Aug 5Initiative Petition.
Initiatives.
Review and approval of the legal content and form of a fiscal note summary for an initiative petition (version 3) submitted by Todd Jones regarding a proposed amendment to Article III, Section 38 of the Missouri Constitution.
191-2009Aug 6Initiative Petition.
Initiatives.
Review and rejection of the sufficiency as to form of an initiative petition submitted by Theodis Brown pertaining to a proposed charter commission to revise and amend the charter of St. Louis County.
193-2009Aug 6Initiative Petition.
Initiatives.
Review and approval of the sufficiency as to form of an initiative petition (version 2) submitted by James Harris for a proposed amendment to Article V, Section 25 of the Missouri Constitution.
194-2009Oct 23CITIES, TOWNS, AND VILLAGES:
CITY ORDINANCES:
COUNTIES:
COUNTY ORDINANCES:
DRUGS:
ORDINANCES:
POLITICAL SUBDIVISONS:
PREEMPTION:
PRESCRIPTIONS:
A local government is not preempted by federal or state law from passing an ordinance making the sale of products containing pseudoephedrine by prescription only. Charter counties and cities which have included a general police power in their charters or constitutions, third- and fourth-class cities, and possibly towns and villages, have the police power necessary to pass an ordinance that would require a prescription to purchase products containing pseudoephedrine. No other local governments have been granted the authority necessary, so they do not have the authority to pass such an ordinance.