Missouri Attorney General Opinions

Review and approval of legal content and form of a summary statement for initiative petition pursuant to Section 116.334, RSMo Supp. 1999, regarding a proposed constitutional amendment for rail passenger service.

Our response to your questions (1) and (2) is that the governor has authority to fill a vacancy on the apportionment commissions. Our response to your questions (3) and (4) is that you are directed by the Constitution to do so. Our response to your question (6) and to the first part of your question (5) is that you need not select a person from a list provided to you by a party committee pursuant to Article III, Sections 2 and 7. Our response to the second part of your question (5) is that when appointing a person to fill a vacancy on the House commission, you must appoint someone who resides in the district for which there is a vacancy. And our response to your question (7) is that although there is no clear requirement that you do so, you should submit appointments to fill vacancies on the commissions to the Senate for its advice and consent.

Review and approval of legal content and form of fiscal note summary for initiative petition pursuant to Section 116.175, RSMo, regarding a proposal to amend Article IV of the Missouri Constitution by adding Section 30(D) (Fiscal Note No. 01-07).

(1) When the Commissioner of Securities makes a request for information about a financial institution that is proper and within the scope of the Commissioner's authority under Section 409.407 or when the Department of Insurance makes a request for information about a financial institution that is proper and within the scope of the Department's authority under Section 374.190, the Division of Finance may provide information about the financial institution, which would otherwise be prohibited from disclosure by Sections 361.070.1 or 361.080, to the Commissioner or the Department, respectively, pursuant to Section 610.032 without need for a court order. (2) When the Division of Finance obtains financial records in the course of an examination or investigation of a financial institution conducted pursuant to the provisions of Chapter 361, it acts within the exemption created by Section 408.962.1 and is permitted to transfer those financial records to the Commissioner of Securities when requested as part of a Section 409.407 investigation of the same financial institution or to the Department of Insurance when requested as part of a Section 374.190 investigation of the same financial institution, without providing notice to the customers whose financial records are being transferred.

Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to the amending of Section 195.010, RSMo.

Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition regarding rail passenger service amending Article IV of the Missouri Constitution by adding Section 30(D).

Members of the board of directors of fire protection districts in St. Charles, Jackson and St. Louis counties are not entitled to the additional compensation under the provisions of Section 321.603 RSMo 1999 Supp. (Senate Bill 436) until they assume a new term of office.

After a city has adopted a chief of police position rather than a city marshal through an ordinance approved by the voters pursuant to Section 79.050 RSMo, the board of aldermen may change the term of office by ordinance, which ordinance is not subject to approval by referendum.

Employees of county assessors must be paid by salary, which is a fixed periodic rate, and not by an hourly rate.

The recorder of deeds is authorized to collect marriage license fees established by Section 451.150 RSMo 1994, Section 451.151 RSMo 1994, Section 193.195 RSMo 1994, and Section 455.205.1 RSMo 1999 Supp. at the time of the issuance of the license, not at the time of application for the license.

A political subdivision may enforce its own code regarding elevator safety in lieu of the code adopted by the elevator safety board if the political subdivision has adopted a code which is at least as stringent as that adopted by the elevator safety board.

State revenues identified in Article IV, Sections 30(a) and 30(b) of the Missouri Constitution are subject to being partially refunded as part of a refund of excess revenues pursuant to the Hancock Amendment.

Review and approval of legal content and form of fiscal note summary for initiative petition from The Missouri PTA pursuant to Section 116.175, RSMo, regarding a proposed amendment to the Missouri Constitution relating to votes required for school indebtedness. (Fiscal Note No. 00-37r)

Review and approval of legal content and form of a summary statement for initiative petition pursuant to Section 116.334, RSMo Supp., submitted by Stephen Umscheid, director of The Vermont Project, relating to concealed weapons.

Review and approval of legal content and form of a summary statement for initiative petition pursuant to Section 116.334, RSMo Supp., submitted by the Missouri PTA relating to Article VI of the Missouri Constitution.

Review and approval of legal content and form of fiscal note summary for initiative petition pursuant to Section 116.175, RSMo, concerning the proposal to amend Section 571.030, RSMo, from The Vermont Project, Version 2, relating to concealed weapons (Fiscal Note No. 00-35).

A victim of a crime has the right to remain in the courtroom during the testimony of other witnesses during trial regardless of whether the trial court has otherwise excluded witnesses.

A vacancy occurs when a successful candidate for city council does not qualify for office, that the incumbent does not automatically retain the seat, and that the vacancy shall be filled as provided in Section 77.450 RSMo 1999 Supp.

Upon Taney County becoming a first class county on January 1, 2001, the individual serving in the office of Prosecuting Attorney has the option of becoming a "full-time" prosecutor at the salary set forth in Section 56.265.1(1) RSMo 1999 Supp., or remaining part time at the salary set forth in Section 56.265.1(2) RSMo 1999 Supp. Any increase in salary would not violate Article VII, Section 13 of the Missouri Constitution.

Review and approval of initiative petition pursuant to Section 116.332, RSMo, for sufficiency as to form regarding a proposed constitutional amendment by The Missouri PTA relating to Article VI.

Review and rejection of initiative petition pursuant to Section 116.332, RSMo, for sufficiency as to form regarding a proposed constitutional amendment by Steven Reed relating to Technology Parks.

Review and rejection of initiative petition pursuant to Section 116.332, RSMo, for sufficiency as to form regarding a proposed constitutional amendment by Steven Reed relating to Rail Passenger Service.

Review and approval of initiative petition pursuant to Section 116.332, RSMo, for sufficiency as to form regarding The Vermont Project, Version 2, relating to Section 571.030, RSMo.

Review and approval of legal content and form of fiscal note summary for initiative petition pursuant to Section 116.175, RSMo, relating to the Tobacco Settlement Funds (Fiscal Note No. 00-32).

Review and approval of legal content and form of fiscal note summary for initiative petition pursuant to Section 116.175, RSMo, relating to the Tobacco Settlement Funds (Fiscal Note No. 00-31).

Review and approval of legal content and form of a summary statement for initiative petition pursuant to Section 116.334, RSMo Supp., relating to the Tobacco Settlement, Version 4B.

Review and approval of legal content and form of a summary statement for initiative petition pursuant to Section 116.334, RSMo Supp., relating to the Tobacco Settlement, Version 3B.

Review and approval of legal content and form of a summary statement for initiative petition pursuant to Section 116.334, RSMo Supp., relating to the Tobacco Settlement, Version 4A.

Review and approval of legal content and form of a summary statement for initiative petition pursuant to Section 116.334, RSMo Supp., relating to the Tobacco Settlement, Version 3A.

Review and approval of legal content and form of fiscal note summary for initiative petition pursuant to Section 116.175, RSMo, relating to the Tobacco Settlement Funds (Fiscal Note No. 00-26r).

Review and approval of legal content and form of fiscal note summary for initiative petition pursuant to Section 116.175, RSMo, relating to the Tobacco Settlement Funds (Fiscal Note No. 00-25r).

Review and rejection pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to a proposed law amending Section 195.010 RSMo by Matt Kleinsorge.

Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition regarding a proposed constitutional amendment by Husch & Eppenberger, LLC, relating to the Tobacco Settlement, Version 4B.

Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition regarding a proposed constitutional amendment by Husch & Eppenberger, LLC, relating to the Tobacco Settlement, Version 3B.

Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo Supp., relating to an initiative petition proposal to amend Section 571.030, RSMo.

Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, concerning an initiative petition proposal to amend Section 571.030, RSMo, The Vermont Project.

Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition regarding a proposed constitutional amendment by Husch & Eppenberger, LLC, relating to the Tobacco Settlement, Version 4A.

Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition regarding a proposed constitutional amendment by Husch & Eppenberger, LLC, relating to the Tobacco Settlement, Version 3A.

Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo Supp., relating to firefighters, ambulance personnel, and dispatchers having the authority to organize and bargain collectively.

Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, concerning a proposed constitutional amendment relating to firefighters collective bargaining rights.

Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to a proposed law to amend Section 571.030, RSMo, by The Vermont Project.

Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to a proposed constitutional amendment concerning firefighters, ambulance personnel, and dispatchers having the authority to organize and bargain collectively.

The Sunshine Law requires disclosure of the race of the arrested person and the location of the arrest from an arrest report if that information is contained in the arrest report and the arrest report has not been closed pursuant to the provisions of the Sunshine Law. The status of the records is not affected if they are maintained in an electronic format.

Normally a municipality may not pay for computer software from sales tax revenue authorized under Section 94.577 RSMo 1999 Supp. However, if there are computers dedicated to "maintenance" of a capital improvement for items such as security, climate control, or fire protection, software for such computers may be purchased from such dedicated funding.

The board of aldermen may review the contents of a personnel file of a city's employee if such is necessary to care, manage, or control the city. The authority may be delegated through resolution or ordinance to one or more members of the board.

Members of the Board of County Visitors are not immune from liability for their acts as Board members because they are volunteers; however, they have available defenses such as the public duty doctrine and official immunity. Board members are not state officials and are not covered by the provisions of the State Legal Expense Fund.

The funding by a sales tax of 1/2 percent for an enhanced 9-1-1 and central dispatch system, when approved by the voters pursuant to the ballot question listed herein, although an election irregularity, in the absence of a timely election challenge, is valid.

Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.160, RSMo Supp. 1999, relating to compensation and retention of public officers.

Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, concerning a proposed constitutional amendment relating to bingo game operators.

Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, concerning a proposed constitutional amendment relating to compensation and retention of public officers.