Missouri Attorney General Opinions

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 the enactment of a sales tax to support technology parks.

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 collective bargaining for firefighters and related personnel.

Review and rejection pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to a proposed constitutional amendment relating to a sales tax to support passenger rail service.

Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo Supp., regarding an initiative petition relating to a proposed constitutional amendment concerning video gambling devices.

Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo.

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 video gambling devices.

Review and rejection pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to a proposed constitutional amendment to Article IV, § 36(a) of the Constitution of the State of Missouri.

Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to a proposed law concerning increases in the minimum wage.

Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo Supp., regarding an initiative petition relating to a proposed law concerning campaign financing.

Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo.

Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to a proposed law concerning campaign financing.

Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo Supp., regarding an initiative petition relating to a proposed law amending Chapter 226.

Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo.

Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo.

Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.160, RSMo, relating to the creation of a budget reserve fund.

Review and approval pursuant to Section 116.332, RSMo Supp. 1998, of the sufficiency as to form of an initiative petition relating to a proposed law amending Chapter 226.

Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo Supp. 1998, regarding an initiative petition relating to the amendment of Section 565.020, RSMo, to eliminate the death penalty as a possible punishment for first degree murder.

Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, for an initiative petition relating to the amendment of Section 565.020, RSMo, to eliminate the death penalty as a possible punishment for first degree murder.

Notwithstanding subsection 6 of Section 570.120, RSMo 1994, under the facts considered, as provided in subsection 2 of Section 408.653, RSMo Supp. 1998, a merchant may collect on an insufficient funds check a maximum service charge of twenty dollars plus an amount equal to the actual charge by the depository institution for the return of the insufficient funds check.

With regard to the capital improvements sales tax authorized by Section 67.700, RSMo 1994, 1) a proposition to authorize the tax for the purpose of improvements to roads and bridges should be voted on separately from a proposition to authorize the tax for the purpose of repairs to the courthouse and construction of a new jail facility, and 2) both propositions may be submitted to the voters where the total capital improvements sales tax rate does not exceed one-half of one percent.

With regard to a city-county library district created pursuant to Section 182.291, RSMo 1994, (1) the property tax rate for the district is set each year by the board of trustees of the district, and (2) the board may set the property tax rate in a given year at less than the maximum authorized rate.

Review and approval pursuant to Section 116.332, RSMo Supp. 1998, of the sufficiency as to form of an initiative petition relating to the amendment of Section 565.020, RSMo, to eliminate the death penalty as a possible punishment for first degree murder.

A member of an emergency services board to which Section 190.339, RSMo Supp. 1998, applies may not be employed by that board.

Beginning July 1, 1999, it will be unlawful for any person who is not licensed or certified by the Missouri Real Estate Appraisers Commission as provided in Sections 339.500 to 339.549, RSMo, to, for a fee, develop and communicate a real estate appraisal before the State Tax Commission or a local Board of Equalization unless such person is exempt from licensure and certification pursuant to Section 339.501.5, RSMo Supp. 1998; a salaried employee of a corporation that owns property will be permitted under the exemption in Section 339.501.5(1) to provide an opinion as to the value of the property owned by the corporation.

Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, relating to Senate Substitute for House Committee Substitute for House Bill No. 1891, General Assembly, Second Regular Session (1998).

Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.160, RSMo, relating to Senate Substitute for House Committee Substitute for House Bill No. 1891, 89 General Assembly, Second Regular Session (1998).

The provision in subsection 2 of Section 67.582, RSMo Supp. 1997, stating "in no event shall a proposal pursuant to this section be submitted to the voters sooner than twelve months from the date of the last proposal pursuant to this section" does not prevent a county law enforcement sales tax question from being submitted to voters at the April 6, 1999 election even if a similar question was defeated at the April 7, 1998 election.

Review and rejection pursuant to Section 116.332, RSMo Supp. 1998, of the sufficiency as to form of an initiative petition relating to the amendment of Section 565.020, RSMo, to eliminate the death penalty as a possible punishment for first degree murder.

Review and rejection pursuant to Section 116.332, RSMo Supp. 1997, of the sufficiency as to form of an initiative petition proposing that the Missouri Constitution be amended by adding one new section to provide that persons elected to represent Missouri in the United States House of Representatives or Senate shall not support a governmental budget that spends in deficit

If county records are on microfilm, the county has the ability to duplicate the microfilm, and a request is made for a copy of the records in the form of microfilm, the county is obligated pursuant to Section 610.026, RSMo, as amended by Conference Committee Substitute No. 2 for Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1095, General Assembly, Second Regular Session (1998) to provide a copy of the records in the form of microfilm.

(1) Commercial vehicle enforcement officers are authorized by subsection 4(3) of Section 304.230, RSMo, as amended by House Bill No. 1802, General Assembly, Second Regular Session (1998), to make arrests for violations of those offenses referred to in subdivisions (1) and (2) of subsection 4 of Section 304.230, (2) the authority of commercial vehicle enforcement officers under subsection 4(3) of Section 304.230 to make arrests upon warrants refers only to arrests upon warrants relating to violations of subdivisions (1) and (2) of subsection 4 of Section 304.230, (3) commercial vehicle enforcement officers are not prohibited by Section 571.030, RSMo, as amended by Senate Substitute for Senate Bill No. 478, General Assembly, Second Regular Session (1998), from carrying concealed weapons, and (4) commercial vehicle enforcement officers may make arrests for violations of Sections 303.024 and 303.025, RSMo, relating to proof of insurance.

Review and rejection pursuant to Section 116.332, RSMo Supp. 1997, of the sufficiency as to form of an initiative petition proposing that the Missouri Constitution be amended by adding one new section to provide that persons elected to represent Missouri in the United States House of Representatives or Senate shall not support a governmental budget that spends in deficit.

Administrative law judges and legal advisors whose annual salary is specified in Section 287.615, RSMo 1994, are not paid accrued annual leave on termination of such employment, do not accumulate annual leave or sick leave under Section 36.350, RSMo 1994, and are entitled to the statutory salary regardless of the number of hours worked.

Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.160, RSMo, relating to Senate Substitute #2 for House Joint Resolution No. 39, 89 General Assembly, Second Regular Session (1998).

Review and approval of legal content and form of a fiscal note and fiscal note summary prepared pursuant to Section 116.175, RSMo Supp. 1997, relating to Senate Substitute #2 for House Joint Resolution No. 39, 89 General Assembly, Second Regular Session (1998).

With respect to the wearing of safety belts in trucks, pursuant to Section 307.178, RSMo Supp. 1997, 1) persons less than eighteen years of age operating or riding in a truck on a street or highway of this state, regardless of gross weight of the truck and regardless of whether in the front or second (back) seat of the truck and regardless of the date of manufacturing of the truck, are required to wear a properly adjusted and fastened safety belt, with exceptions for children less than 4 years of age, persons who have a medical reason for failing to have a seat belt fastened about their body, and certain persons involved in agricultural work-related activities, and 2) persons eighteen years of age or older are required to wear a properly adjusted and fastened safety belt when a driver or front seat passenger in a truck with a licensed gross weight of less than twelve thousand pounds that was manufactured after Jan. 1, 1968, operated on a street or highway in this state, with exceptions for certain employees of the United States Postal Service, persons who have a medical reason for failing to have a seat belt fastened about their body, and certain persons involved in agricultural work-related activities.

There is no violation of Section 313.004.10, RSMo 1994, when a person employed by an excursion gambling boat is elected and serves as a member of the board of directors of an ambulance district.

Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.160, RSMo, relating to House Committee Substitute for Senate Committee Substitute for Senate Joint Resolution No. 24, 89 General Assembly, Second Regular Session (1998).

Review and approval of legal content and form of a fiscal note and fiscal note summary prepared pursuant to Section 116.175, RSMo Supp. 1997, relating to House Committee Substitute for Senate Committee Substitute for Senate Joint Resolution No. 24, 89 General Assembly, Second Regular Session (1998).

Sections 191.229 and 37.503, RSMo 1994, apply to not for profit human services organizations that provide habilitative services or rehabilitative services or both habilitative and rehabilitative services to people with disabilities in this state, and when such an organization has been accredited by the Commission on Accreditation of Rehabilitative Facilities or the Accreditation Council on Services for People with Disabilities, that accreditation shall be deemed in lieu of and recognized as equivalent to any state licensure or certification requirements by the Missouri Department of Mental Health, Division of Alcohol and Drug Abuse, when purchasing services on behalf of persons with disabilities.

Review and rejection pursuant to Section 116.332, RSMo Supp. 1997, of the sufficiency as to form of an initiative petition proposing a constitutional amendment to read: “The constitution of Missouri recognizes that personhood and humane life exist at the embryonic stage.”

Review and approval pursuant to Section 116.332, RSMo Supp. 1997, of the sufficiency as to form of an initiative petition relating to the amendment of Section 39(e) of Article of the Missouri Constitution concerning riverboat gambling.

Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo Supp. 1997, regarding an initiative petition relating to the amendment of Article I of the Missouri Constitution by adopting one new section to be known as Section 33.

Review and approval of legal content and form of a fiscal note and fiscal note and fiscal note summary prepared pursuant to Section 116.175, RSMo Supp. 1997, regarding an initiative petition relating to the amendment of Article I of the Missouri Constitution by adopting one new section to be known as Section 33.

Review and approval of legal content and form of a fiscal note and fiscal note summary prepared pursuant to Section 116.175, RSMo Supp. 1997, regarding an initiative petition relating to a proposed law concerning campaign finance.

Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo Supp. 1997, regarding an initiative petition relating to a proposed law concerning campaign finance.