Missouri Attorney General Opinions

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 Article I of the Missouri Constitution by adopting one new section to be known as Section 33.

Review and approval pursuant to Section 116.332, RSMo Supp. 1997, of the sufficiency as to form of an initiative petition relating to a proposed law concerning campaign finance.

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

Review and rejection pursuant to Section 116.332, RSMo Supp. 1997, of the sufficiency as to form of an initiative petition proposing the following language: “The constitution of Missouri will recognize that person hood and humane life begins at and exist at the embryonic stage.”

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

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.

For purposes of subsection 5 of Section 160.545, RSMo 1994, the West Plains Campus of Southwest Missouri State University is "any public community college or vocational or technical school" and entitled to reimbursement of the cost of tuition, books and fees as provided in that section.

Review and approval of legal content and form of a fiscal note and fiscal note summary statement prepared pursuant to Section 116.175, RSMo, regarding a proposed law adding seven new sections to Chapter 578, RSMo.

Review and rejection pursuant to Sections 116.332 and 116.334, RSMo, of the sufficiency as to form of regarding a proposed law adding seven new sections to Chapter 578, RSMo.

With regard to a third class county 1) where tangible personal property has not been assessed or taxed in the previous year or years, there is no authority for the assessor or other county officials to place the property on the books in order to assess and tax for the omitted year or years, and 2) pursuant to Section 301.025, RSMo, as amended by Conference Committee Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 316, General Assembly, First Regular Session (1997), if tangible personal property was assessable by a county for a certain tax year, but was not assessed during that tax year, the county collector, upon request, is to certify that no taxes were due for that tax year and send that statement to the person making the request.

Review and approval of legal content and form of a fiscal note and fiscal note summary statement prepared pursuant to Section 116.175, RSMo, regarding a proposed law adding seven new sections to Chapter 578, RSMo.

Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo, regarding a proposed law adding seven new sections to Chapter 578, RSMo.

Review and approval pursuant to Sections 116.332 and 116.334, RSMo, of the sufficiency as to form regarding a proposed law adding seven new sections to Chapter 578, RSMo.

Pursuant to subsection 3 of Section 566.617, RSMo, as enacted by Conference Committee Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 56, General Assembly, First Regular Session (1997), a local law enforcement agency shall provide to any person upon request a complete list of the names and addresses of sex offenders registered within such agency’s jurisdiction as well as the crime for which each offender was convicted.

A law enforcement officer, authorized by Section 70.820, RSMo, as amended by Conference Committee Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 69 & 179 and House Committee Substitute for House Bill No. 669, General Assembly, First Regular Session (1997) to arrest certain persons at any place within this state, is authorized to carry a concealed weapon at any place within this state.

A county assessor commencing a term of office on September 1, 1997 whose compensation is based on Section 53.082, RSMo, is entitled to any additional compensation resulting from the enactment of Conference Committee Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 11, General Assembly, First Regular Session (1997) beginning September 1, 1997.

Under current Missouri law a person performing an abortion by partially vaginally delivering a living fetus before intentionally killing the infant and completing the delivery may be charged with second degree murder under Section 188.035, RSMo 1994.

(1) The vote by a school board to hire, fire, promote or discipline an employee of the school district which vote must be made available to the public pursuant to Section 610.021(3), RSMo Supp. 1996, should disclose how each member of the school board cast his or her vote, and (2) the school board need not disclose the information which was considered by the board prior to the vote being taken.

A sheriff of a third class county appointed to complete the term of office of the previous sheriff who died does not violate Article , Section 6 of the Missouri Constitution, the nepotism provision, if he retains as a deputy sheriff his son who had been appointed as a deputy by the previous sheriff.

A member of the County Employees' Retirement System who is receiving retirement benefits from the system is not an "active member" as that term is used in Section 50.1130, RSMo 1994, and is not entitled to the death benefit provided by that section.

Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo 1994, regarding an initiative petition relating to the amendment of Article VI of the Missouri Constitution by adopting on new section to be known as Section 34.

The son of the head football coach at the University of Missouri may be appointed as an assistant football coach at that school without violating Article , Section 6 of the Missouri Constitution, the nepotism provision, when the head football coach is not involved in the hiring process.

Review and approval pursuant to Sections 116.332 and 116.334, RSMo 1994, of the sufficiency as to form of an initiative petition relating to the amendment of Article VI of the Missouri Constitution by adopting one new section to be known as Section 34.

If the General Assembly disapproves by concurrent resolution the November 30, 1996, Compensation Schedule prepared by the "Missouri Citizen's Commission on Compensation for Elected Officials", Article XIII, Section 3 of the Missouri Constitution does not prohibit those officials listed in the Compensation Schedule from receiving compensation after July 1,1997.

If the General Assembly appropriates less money for the compensation of officials than the compensation shown in the Compensation Schedule prepared by the "Missouri Citizen's Commission on Compensation for Elected Officials", those officials are to be paid the lesser amount appropriated by the General Assembly rather than the amount shown in the Compensation Schedule.

A city council member of a third-class city should have access to the minutes of a meeting of the city council of which she is a member, where she was absent from that meeting, and where the meeting was closed pursuant to Section 610.021(3), RSMo Supp. 1995.

Among the permitted expenditures from the fund created by Section 182.260, RSMo 1994, are: 1) building repairs, 2) heating and air conditioning improvement and replacement, 3) equipment for building security, 4) salaries for maintenance and security staff, 5) the purchase of real estate to be used for a library, 6) feasibility studies for property proposed to be purchased for a library, 7) upkeep and improvement of grounds and parking areas at the library site, 8) furniture such as tables and chairs, 9) office equipment such as file cabinets, 10) display racks and bookshelves, and 11) a projection system and slide projector for use in the library.

Pursuant to Section 140.260, RSMo 1994, (1) the land held by the county-appointed trustee should be sold by the method that provides the maximum amount available for distribution to the taxing authorities, (2) each lot may be sold separately or the land may be sold in tracts, and (3) the county is not responsible for subdivision assessments levied against the land during the time the land is held by the trustee.

A newspaper which has been admitted to the post office as “periodicals” satisfies the requirement of Section 493.050, RSMo 1994, that the newspaper “shall have been admitted to the post office as second class matter.”

Pursuant to Section 221.070, RSMo 1994, a person committed to the county jail by lawful authority for a municipal ordinance violation, if convicted of the municipal ordinance violation, is liable to the municipality for the costs of incarceration.

An employee of a six-director school district located in a second, third or fourth class county does not violate Section 171.181, RSMo 1994, in selling commodities to the school district if the sale of such commodities does not violate Sections 105.450 to 105.458, RSMo 1994.

Chapter 329, RSMo, and 4 90-2.010(5)(D) require actual, documented school attendance in the minimum number of hours specified by statute before cosmetology students can be licensed.

A person who pawns his concealable firearm is not required by Section 571.080, RSMo 1994, to obtain a permit to acquire a concealable firearm in order to redeem his concealable firearm from the pawnshop.

The conveyance of property for nominal consideration from a fourth class city to a not-for-profit corporation for the purpose of establishing a historical museum would violate Article VI, Sections 23 and 25 of the Missouri Constitution.

Review and approval pursuant to Section 116.334, RSMo 1994, of the sufficiency as to form of a summary statement regarding an initiative petition relating to the amendment of Article VIII of the Missouri Constitution by adopting new sections to be designated as Sections 15 through 22.

Review and approval pursuant to Section 116.334, RSMo 1994, of the sufficiency as to form of a summary statement regarding an initiative petition relating to the amendment of Article VIII of the Missouri Constitution by adopting new sections to be designated as Sections 8 through 14.

Review and approval pursuant to Sections 116.332 and 116.334, RSMo 1994, of the sufficiency as to form of an initiative petition relating to the amendment of Article VIII of the Missouri Constitution by adopting new sections to be designated as Sections 15 through 22.

Review and approval pursuant to Sections 116.332 and 116.334, RSMo 1994, of the sufficiency as to form of an initiative petition relating to the amendment of Article VIII of the Missouri Constitution by adopting new sections to be designated as Sections 8 through 14.

Review and approval pursuant to Section 116.334, RSMo 1994, of the sufficiency as to form of a summary statement regarding an initiative petition relating to the addition of one new statutory section concerning marriages.

A parent educator employed in the parent education program authorized under Sections 178.691 to 178.699, RSMo 1994, is not subject to the minimum teacher's salary requirement of Section 163.172, RSMo 1994, even if the parent educator holds a valid teaching certificate.

Review and approval pursuant to Sections 116.332 and 116.334, RSMo 1994, of the sufficiency as to form of an initiative petition relating to the addition of one new statutory section concerning marriages.

Review and approval pursuant to Section 116.334, RSMo 1994, of the sufficiency as to form of a summary statement regarding an initiative petition relating to the amendment of Article VIII of the Missouri Constitution by adopting new sections to be designated as Sections 15 through 22.

(1) The effective date of Senate Bill No. 301, General Assembly, First Regular Session (1995) is June 27, 1995, (2) grants authorized by Sections 360.111 to 360.118, RSMo Supp. 1995, are not available for new money bonds issued before June 27, 1995, (3) grants paid pursuant to Sections 360.111 to 360.118, RSMo Supp. 1995, should be paid after the end of the state fiscal year, (4) if there is inadequate funding to pay all grants authorized for new money bonds in a fiscal year, Sections 360.111 to 360.118, RSMo Supp. 1995, allow grants to be distributed proportionately among recipients of grants for new money bonds, (5) if there are adequate funds to pay all grants authorized for new money bonds in a fiscal year, the remaining funds should be used to pay grants authorized for refunding bonds, and (6) grants authorized in a prior year which were not paid, in whole or in part, because of inadequate funds are not to be paid from funds available in a subsequent year.

Review and approval pursuant to Section 116.334, RSMo 1994, of the sufficiency as to form of a summary statement regarding an initiative petition relating to the amendment of Section 565.020(2), RSMo 1994, concerning the punishment for murder in the first degree.

Review and approval pursuant to Section 116.334, RSMo 1994, of the sufficiency as to form of a summary statement regarding an initiative petition relating to the amendment of Article VIII of the Missouri Constitution by adopting new sections to be designated as Sections 8 through 14.

Review and approval pursuant to Sections 116.332 and 116.334, RSMo 1994, of the sufficiency as to form of an initiative petition relating to the amendment of Section 565.020(2), RSMo 1994, concerning the punishment for murder in the first degree.

Review and approval pursuant to Section 116.334, RSMo 1994, of the sufficiency as to form of a summary statement regarding an initiative petition relating to the amendment of Article I, Section 3 of the Missouri Constitution.

Review and approval pursuant to Section 116.334, RSMo 1994, of the sufficiency as to form of a summary statement regarding an initiative petition relating to the amendment of Article I, Section 3 of the Missouri Constitution.