Missouri Attorney General Opinions

A city or county authorized by subsection 2 of Section 260.215, RSMo Supp. 1992, to adopt ordinances or orders, rules, regulations, or standards for the storage, collection, transportation, processing or disposal of solid wastes is authorized to adopt ordinances or orders that require the recycling of certain solid wastes.

Review and approval pursuant to Sections 116.332 and 116.334, RSMo 1986, of the sufficiency as to form of an initiative petition relating to the amendment of Article X of the Missouri Constitution.

Letter to Robert D. Schollmeyer .

Review and rejection pursuant to Sections 116.332 and 116.334, RSMo 1986, of the sufficiency as to form of an initiative petition entitled Philadelphia II.

Letter to the Missouri Ethics Commission.

The phrase "all the members elected to the board of aldermen" in Section 79.240, RSMo 1986, refers to the full authorized membership of the board so, if the board of aldermen consists of four members, the mayor may remove an alderman pursuant to such section only with the consent of three aldermen.

Employees of the Missouri Ethics Commission are not included among the employees designated in Section 36.030, RSMo Supp. 1992, as being subject to the merit system.

Article VI, Section 23 of the Missouri Constitution does not prohibit a port authority organized under Chapter 68, RSMo, from owning all of the stock of a corporation which operates a railroad consistent with the statutory powers of a port authority.

1) Pursuant to Section 105.454(5), RSMo Supp. 1992, an elected or appointed official or employee of the state serving in an executive or administrative capacity may not perform any service for consideration, during one year after termination of his office or employment, by which performance he attempts to influence a decision of any agency of the state, except as provided in such section, and 2) not all meetings of boards and commissions in which a record of the proceedings may be kept and maintained as a public record is an “adversary proceeding” as defined in Section 105.450(1), RSMo Supp. 1992.

Review and approval pursuant to Section 116.334, RSMo 1986, of the sufficiency as to form of a summary statement regarding an initiative petition relating to the amendment of various sections in Article X of the Missouri Constitution.

Review and approval pursuant to Section 116.334, RSMo 1986, of the sufficiency as to form of a summary statement regarding an initiative petition relating to the amendment of the Missouri Constitution by adding a new article prohibiting special privilege laws based on sexual orientation.

Section 479.020.7, RSMo, as amended by Conference Committee Substitute for House Substitute No. 2 for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 88, General Assembly, First Regular Session (1993) prohibits a municipal judge in a fourth class city who has reached his seventieth () birthday from continuing to serve after the effective date of such bill, August 28, 1993.

Students who are home-schooled under Section 167.031, RSMo Supp. 1992, and students who receive a certificate of high school equivalency under Sections 161.093 and 161.094, RSMo 1986, are not precluded from receiving a scholarship under the Higher Education Academic Scholarship Program authorized by Section 173.250, RSMo Supp. 1992.

Review and approval pursuant to Sections 116.332 and 116.334, RSMo 1986, of the sufficiency as to form of an initiative petition relating to the amendment of the Missouri Constitution by adding a new article prohibiting special privilege laws based on sexual orientation.

Review and approval pursuant to Sections 116.332 and 116.334, RSMo 1986, of the sufficiency as to form of an initiative petition relating to the amendment of various sections in Article X of the Missouri Constitution.

Review and approval pursuant to Section 116.334, RSMo 1986, of the sufficiency as to form of a summary statement regarding an initiative petition relating to the amendment of Chapter 130, RSMo, and specifically the enactment of five new sections to be known as Sections 130.100, 130.110, 130.120, 130.130 and 130.135.

Review and approval pursuant to Section 116.334, RSMo 1986, of the sufficiency as to form of a summary statement regarding an initiative petition relating to the amendment of Chapter 130, RSMo, and specifically the enactment of five new sections to be known as Sections 130.100, 130.110, 130.120, 130.130 and 130.135.

Review and approval pursuant to Sections 116.332 and 116.334, RSMo 1986, of the sufficiency as to form of an initiative petition relating to the amendment of Chapter 130, RSMo, and specifically the enactment of five new sections to be known as Sections 130.100, 130.110, 130.120, 130.130 and 130.135.

Review and approval pursuant to Section 116.334, RSMo 1986, of the sufficiency as to form of a summary statement regarding an initiative petition relating to the amendment of Chapter 130, RSMo, and specifically the enactment of five new sections to be known as Sections 130.100, 130.110, 130.120, 130.130 and 130.135.

The provisions of Section 49.600.4, RSMo Supp.1992, and Section 64.001, RSMo Supp.1992, as enacted by House Bill No. 72, General Assembly, First Regular Session (1991), apply to all levee districts organized pursuant to Chapter 245, RSMo, even those levee districts organized prior to March 4, 1991, the effective date of House Bill No. 72.

Review and rejection pursuant to Sections 116.332 and 116.334, RSMo 1986, of the sufficiency as to form of an initiative petition relating to the amendment of Article X of the Missouri Constitution and specifically Sections 1, 4(a), 4(b), 4(c), 4(d), 4(e), 5, 6, 6(b) and 10(a).

Review and rejection pursuant to Sections 116.332 and 116.334, RSMo 1986, of the sufficiency as to form of a referendum petition relating to Senate Bill No. 380, 87 General Assembly, First Regular Session.

Letter to The Honorable S. Sue Shear.

Review and approval pursuant to Sections 116.332 and 116.334, RSMo 1986, of the sufficiency as to form of an initiative petition relating to the amendment of Chapter 130, RSMo, and specifically the enactment of five new sections to be known as Sections 130.100, 130.110, 130.120, 130.130 and 130.135.

Review and rejection pursuant to Sections 116.332 and 116.334, RSMo 1986, of the sufficiency as to form of an initiative petition relating to the amendment of the Missouri Constitution by adding a new article prohibiting special privilege laws based on sexual orientation.

The St. Louis Board of Police Commissioners has no authority to provide by rule for the president and vice president of the board to have two year terms of office.

Letter to The Honorable Steve Ehlmann .

Under the facts presented, average Missouri Mastery and Achievement Test () scores for each individual grade of each elementary school building within a school district are public records which are open to the public for inspection and copying.

Review and approval pursuant to Section 116.334, RSMo 1986, of the sufficiency as to form of a summary statement regarding an initiative petition relating to the amendment of the Missouri Constitution by adding a new article concerning discrimination.

Review and approval pursuant to Sections 116.332 and 116.334, RSMo 1986, of the sufficiency as to form of an initiative petition relating to the amendment of the Missouri Constitution by adding a new article concerning discrimination.

Records relating to permits to acquire a concealable firearm retained by a county sheriff as required by Section 571.090.5, RSMo Supp. 1992, are public records open to inspection pursuant to Section 109.180, RSMo 1986, and Section 610.023, RSMo Supp. 1992.

Letter to The Honorable Nancy Farmer.

Opinion letter to The Honorable D. Blunt and James R. Moody.

Pursuant to Section 211.031, RSMo Supp.1991, a fifteen and one-half year old who operates a motor vehicle in violation of Section 302.020, RSMo Supp.1991, without a temporary instruction permit as authorized by Section 302.130, RSMo Supp.1991, is not within the exclusive original jurisdiction of the juvenile court, a fifteen and one-half year old charged with a first offense of driving while intoxicated is not within the exclusive original jurisdiction of the juvenile court, and the exception to the exclusive original jurisdiction of the juvenile court for a fifteen and one-half year old who is alleged to have violated a state or municipal traffic ordinance or regulation is not applicable when the charge is leaving the scene of an accident under such circumstances as to constitute a felony.

The associate circuit judges elected in November, 1992, to fill the judgeships created in 1991 under Section 478.320, RSMo 1986, because of an increase in a county's population serve the unexpired portion of a term ending December 31, 1994.

A county is not authorized by law to enter into repurchase agreements.

Section 303.024, RSMo, as amended by Senate Substitute for House Substitute for House Bill No. 1574, General Assembly, Second Regular Session (1992), authorizes a law enforcement officer who lawfully stops an operator of a motor vehicle to notify the Director of Revenue if the operator fails to exhibit an insurance identification card but does not authorize the officer to make an arrest and issue a Uniform Complaint and Summons for failure to exhibit an insurance identification card or failure to maintain financial responsibility.

Section 281.040.2, RSMo Supp.1991, prohibits the charging of a fee for the course of instruction required for individuals to obtain a certified private applicator's license from the Director of the Department of Agriculture or for educational materials needed to successfully complete the course.

Opinion letter to The Honorable Steve Ehlmann .

Opinion letter to Thomas E. Mountjoy .

An election to the school board constitutes the acceptance of “a nomination or appointment for any other office” as the phrase is used in Section 91.470, RSMo 1986.

Pursuant to Section 135.010(1), RSMo, as amended by Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1434 & 1490 and Senate Substitute for Senate Bill No. 797, General Assembly, Second Regular Session (1992), veterans of the armed forces of the United States or this state who became one hundred percent disabled as a result of such military service and their spouses are eligible for tax credits provided in Sections 135.010 to 135.030, RSMo, regardless of age.

Opinion letter to The Honorable George R. Engelbach .

The Board of Regents of Central Missouri State University cannot delegate to the president of the institution the authority to appoint or dismiss faculty.

Opinion letter to Terry R. Rottler .

It would not be a violation of Article , Section 6, of the Constitution of Missouri for a county commission to contract with an architectural firm in which the son-in-law of the presiding commissioner is a non-equity participating partner.

(1) An officer may not stop, inspect or detain a motorist solely to determine compliance with Section 307.178.2, RSMo Supp.1991, even if the officer visually observes the motorist appears to not be wearing a seat belt, and (2) if a motorist has been stopped, inspected or detained as a result of a roadblock/checkpoint established for a law enforcement purpose other than to check for seat belt compliance, an officer is empowered to issue a warning or citation if he has probable cause to believe that a motorist is in violation of Section 307.178.

Opinion letter to The Honorable D. Blunt.

Opinion letter to The Honorable Dennis Ziegenhorn .

The $4.00 fee provided in Section 57.290.1, RSMo Supp.1991, “[f]or every trial in a criminal case or confession” is to be assessed in cases involving traffic violations if the violation is a crime as defined in Section 556.016, RSMo 1986, and if the sheriff is officially present in court.