Missouri Attorney General Opinions

A third class county wherein the voters approved planning and zoning on August 6, 1968 pursuant to Section 64.530, RSMo, is authorized to proceed with planning and zoning without another vote of the people absent a showing of a radical change in conditions.

Those county public administrators who were eligible to receive $4,000 in additional compensation pursuant to Section 473.739 prior to the amendment of such section by Senate Bill No. 580, General Assembly, Second Regular Session (1990) continue to be eligible to receive the $4,000 in additional compensation after such amendment.

Section 321.190, RSMo Supp. 1990, does not limit the amount of money which a fire protection district, established and conducting business under Chapter 321, RSMo, can expend for health insurance benefits provided to directors of the fire protection district pursuant to Section 67.150, RSMo Supp. 1990.

Opinion letter to The Honorable Roger B. Wilson

Opinion letter to The Honorable Steve Ehlmann

Opinion letter to The Honorable D. Blunt

1) A county commission is not authorized to conduct an advisory election on the question of whether the county jail should be expanded and public funds expended for the construction of an addition to the county jail, and; 2) if such an election has been held, its result is not binding on the county commission.

Opinion letter to The Honorable D. Blunt

Under Sections 321.243 and 321.245, RSMo Supp.1990, it is legally permissible for a central dispatching center to provide for the dispatching of ambulances, whether such ambulances are operated by a fire protection district or an ambulance district, and for the dispatching for law enforcement departments.

Opinion letter to The Honorable D. Blunt

Opinion letter to The Honorable D. Blunt

Opinion letter to The Honorable D. Blunt

Opinion letter to The Honorable Margaret Kelly,

Opinion letter to Donna M. White

Opinion letter to The Honorable D. Blunt

Opinion letter to Joe Moseley

Opinion letter to The Honorable D. Blunt

Opinion letter to The Honorable D. Blunt

Opinion letter to The Honorable D. Blunt

Opinion letter to The Honorable D. Blunt

Opinion letter to The Honorable D. Blunt

Opinion letter to The Honorable D. Blunt

Opinion letter to The Honorable Tom McCarthy

The term “incorporated city” as used in Section 311.090, RSMo Supp.1990, includes incorporated villages.

Opinion letter to Richard G. Callahan

Property record cards prepared and retained by a county assessor are public records as defined by Section 610.010(4), RSMo Supp. 1990, to be made available for inspection and copying as provided in Section 610.023, RSMo Supp. 1990.

Opinion letter to Stanley M. Thompson

(1) As required by Section 116.120, RSMo Supp.1990, and Missourians to Protect the Initiative Process v. Blunt , 799 S.W. 824 (Mo. banc 1990), the Secretary of State shall determine whether an initiative petition has more than one subject in violation of Article , Section 50 of the Missouri Constitution at the time of review after signatures have been collected,; (2) in determining whether an initiative petition has multiple subjects, the Secretary of State shall be guided by the Court's discussion in Missourians to Protect the Initiative Process v. Blunt , supra, and; (3) the Secretary of State is not required by Section 116.120, RSMo Supp.1990, or by Missourians to Protect the Initiative Process v. Blunt , supra, to seek a legal opinion from the Attorney General in determining whether an initiative petition has more than one subject matter.

The installation and use of pen registers pursuant to Section 542.408.7, RSMo Supp. 1990, is not limited to investigations involving controlled substances.

Opinion letter to The Honorable Sandra D. Kauffman and The Honorable Vernon E. Scoville ,

It is not a violation of the Missouri Retail Credit Sales Law, Sections 408.250 to 408.370, RSMo, or a violation of the Federal Truth in Lending Act for; (1) a retail establishment to offer a discount in the purchase price for payment by cash versus credit, and; (2) a retail establishment to not honor a discount for cash if the customer chooses to use credit.

Mercer County is not authorized to conduct a nonbinding referendum on whether the voters favor a hazardous waste ash landfill and/or incinerator locating in Mercer County.

State agencies are not required to comply with conditional use permit regulations or zoning regulations of a fourth class city in using state-owned property within the city or constructing public facilities on such property.

The person elected city marshal on April 3, 1990, in a third class city subject to Section 77.370, RSMo Supp.1990, serves a four year term as provided in Section 77.370 despite a city ordinance stating the term shall be two years and despite a phrase on the ballot indicating the term would be two years.

"Buildings at the seat of government and on the grounds thereof” in Section 8.035, RSMo 1986, refers to public property of the state located in the City of Jefferson.

Section 247.170, RSMo 1986, does not provide a method whereby a county public water supply district may, upon annexation by a city owning a water supply system, require the detachment of the area annexed by the city and the assumption by the city of a proportionate part of the district's debt, without the consent and agreement of the city.

Opinion letter to Richard G. Callahan

The City of St. Peters is not required under Chapter 311, RSMo, to obtain a liquor license for its public meeting rooms which are available for events where alcoholic beverages may be served by individuals or groups other than the city at no charge to the consumer or where alcoholic beverages may be sold as part of a fundraising activity held by individuals or groups other than the city.

A sailboard is not a “vessel” or “watercraft” as defined in Section 306.010, RSMo Supp.1990, and Section 306.100, RSMo Supp.1990, does not require a personal flotation device when using a sailboard.

Properly trained technicians, nurses' aides or their equivalent may administer non-injectable medications and insulin at community residential facilities which are licensed long-term care facilities; however, the Department of Mental Health may not adopt rules allowing; 1) individuals other than nurses to administer injectable medications at community residential facilities which are licensed long-term care facilities,; 2) individuals other than nurses to administer medications, either injectable or non-injectable, at community residential facilities which are not licensed long-term care facilities, or; 3) individuals other than nurses to insert gastrostomy tubes, -gastric tubes or Foley catheters at community residential facilities, regardless of whether or not the facility is a licensed long-term care facility.

(1) If there are two positions to be filled at an election pursuant to Section 162.291, RSMo 1986, for members of the board of a six-director school district and only one candidate has filed, a write-in candidate is not required to file a declaration of intent as provided in Section 115.453(4), RSMo 1986, for his votes to be counted; and; (2) in the circumstances described above, two undeclared write-in candidates can defeat the one candidate listed on the ballot if they receive the greater number of votes.

Opinion letter to Bradford E. Ellsworth

Opinion letter to The Honorable Jerry E. McBride

Pursuant to the provisions of Article , Section 13 of the Missouri Constitution, no current member of the board of directors of a fire protection district is entitled to the increase in attendance fees authorized by Section 321.190, as amended by Conference Committee Substitute for Senate Substitute for Senate Committee Substitute for House Bill No. 1395 and House Bill No. 1448, General Assembly, Second Regular Session (1990), until he assumes a new term of office.

(1) The provisions of Section 105.483(8), RSMo, as enacted by Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1650 and 1565, General Assembly, Second Regular Session (1990), apply to administrative boards of constitutional charter cities such as Springfield, Missouri, when such boards administer the affairs of municipal utilities and have authority to make contracts and enact rules; (2) a city council does not have authority to designate persons subject to reporting requirements under Section 105.483(8) by virtue of the provisions of Section 105.483(7).

Opinion letter to The Honorable John F. Bass

The phrase “which exceeds fifty dollars on any one occasion or instance or two hundred fifty dollars in the aggregate for any reporting period” in Section 105.470.4(2), RSMo, as enacted by Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1650 and 1565, General Assembly, Second Regular Session (1990) modifies the terms “expenditure, gift, payment, line of credit or loan … including a service or anything of value….”

Opinion letter to Board of Police Commissioners of Kansas City, Missouri

Opinion letter to The Honorable D. Blunt

A third class county may expend sales tax revenue collected pursuant to Section 67.582, RSMo Supp. 1989, for a facility to house associate circuit court courtrooms, the circuit clerk's office, the county prosecuting attorney's office, the county sheriff's office, and the county jail.