79 opinions issued in 1996.
Opinion No. 115-96 — BOARDING PRISONERS.; CITY PRISONERS.; COUNTY JAIL.; FOURTH CLASS CITIES.; JAILS.; PRISONERS.
Aug 23, 1996
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.
Opinion No. 167-96 — CONFLICT OF INTEREST.; SCHOOLS.; SCHOOL CONTRACTS.; SCHOOL DISTRICT EMPLOYEES.
Jul 26, 1996
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.
Opinion No. 218-96 — COSMETOLOGIST.; COSMETOLOGY, BOARD OF.; PROFESSIONAL REGISTRATION, DIVISION OF.; RULES AND REGULATIONS.
Jul 24, 1996
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.
Opinion No. 174-96 — CONCEALED WEAPONS.; FIREARMS.; PAWNBROKERS.
Jul 15, 1996
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.
Opinion No. 98-96 — CITIES, TOWNS AND VILLAGES.; CITY PROPERTY.; CONSTITUTIONAL LAW.; CONVEYANCE OF PROPERTY – REAL ESTATE.; FOURTH CLASS CITIES.; MUSEUMS.; PUBLIC BUILDINGS.
Jul 5, 1996
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.
Opinion No. 214-96 — INITIATIVES.
Jul 1, 1996
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.
Opinion No. 213-96 — INITIATIVES.
Jul 1, 1996
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.
Opinion No. 208-96 — INITIATIVES.
Jun 24, 1996
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.
Opinion No. 207-96 — INITIATIVES.
Jun 24, 1996
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.
Opinion No. 203-96 — INITIATIVES.
Jun 6, 1996
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.
Opinion No. 145-96 — SCHOOLS.; TEACHERS.; TEACHERS' CERTIFICATES.
Jun 5, 1996
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.
Opinion No. 200-96 — INITIATIVES.
May 24, 1996
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.
Opinion No. 199-96 — INITIATIVES.
May 17, 1996
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.
Opinion No. 188-96 — BONDS.; DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION.; HEALTH AND EDUCATIONAL FACILITIES AUTHORITY.; SCHOOL BONDS.; SCHOOLS.
May 7, 1996
(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.
Opinion No. 183-96 — INITIATIVES.
Mar 29, 1996
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.
Opinion No. 179-96 — INITIATIVES.
Mar 20, 1996
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.
Opinion No. 176-96 — INITIATIVES.
Mar 14, 1996
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.
Opinion No. 178-96 — INITIATIVES.
Mar 13, 1996
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.
Opinion No. 177-96 — INITIATIVES.
Mar 13, 1996
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.
Opinion No. 175-96 — INITIATIVES.
Mar 5, 1996
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.
Opinion No. 172-96 — INITIATIVES.
Mar 1, 1996
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 I, Section 3 of the Missouri Constitution ().
Opinion No. 171-96 — INITIATIVES.
Mar 1, 1996
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 I, Section 3 of the Missouri Constitution ().
Opinion No. 170-96 — INITIATIVES.
Mar 1, 1996
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 I, Section 3 of the Missouri Constitution ().
Opinion No. 169-96 — INITIATIVES.
Mar 1, 1996
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 I, Section 3 of the Missouri Constitution ().
Opinion No. 163-96 — INITIATIVES.
Feb 26, 1996
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 I, Section 3 of the Missouri Constitution ().
Opinion No. 162-96 — INITIATIVES.
Feb 26, 1996
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 I, Section 3 of the Missouri Constitution ().
Opinion No. 161-96 — INITIATIVES.
Feb 26, 1996
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 I, Section 3 of the Missouri Constitution ().
Opinion No. 160-96 — INITIATIVES.
Feb 26, 1996
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 I, Section 3 of the Missouri Constitution ().
Opinion No. 159-96 — INITIATIVES.
Feb 26, 1996
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 I, Section 3 of the Missouri Constitution ().
Opinion No. 158-96 — INITIATIVES.
Feb 26, 1996
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 I, Section 3 of the Missouri Constitution ().
Opinion No. 157-96 — INITIATIVES.
Feb 26, 1996
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 I, Section 3 of the Missouri Constitution ().
Opinion No. 156-96 — INITIATIVES.
Feb 26, 1996
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 I, Section 3 of the Missouri Constitution ().
Opinion No. 155-96 — INITIATIVES.
Feb 26, 1996
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 I, Section 3 of the Missouri Constitution ().
Opinion No. 154-96 — INITIATIVES.
Feb 26, 1996
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 I, Section 3 of the Missouri Constitution ().
Opinion No. 153-96 — INITIATIVES.
Feb 26, 1996
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 I, Section 3 of the Missouri Constitution ().
Opinion No. 152-96 — INITIATIVES.
Feb 26, 1996
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 I, Section 3 of the Missouri Constitution ().
Opinion No. 151-96 — INITIATIVES.
Feb 26, 1996
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 I, Section 3 of the Missouri Constitution ().
Opinion No. 150-96 — INITIATIVES.
Feb 26, 1996
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 I, Section 3 of the Missouri Constitution ().
Opinion No. 149-96 — INITIATIVES.
Feb 26, 1996
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 I, Section 3 of the Missouri Constitution ().
Opinion No. 148-96 — INITIATIVES.
Feb 26, 1996
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 I, Section 3 of the Missouri Constitution ().
Opinion No. 147-96 — INITIATIVES.
Feb 16, 1996
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 changes in Chapter 290, RSMo.
Opinion No. 146-96 — INITIATIVES.
Feb 16, 1996
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 changes in Chapter 290, RSMo.
Opinion No. 102-96 — ADULT ABUSE.; COURT COSTS.; COUNTY FUNDS.
Feb 15, 1996
Section 455.027.1, RSMo 1994, prohibiting courts from charging adult abuse or stalking victims an advance filing fee or bond when they file petitions for protection, may cause counties to initially incur, under § 476.270, RSMo 1994, certain personal service expenses for those cases. However, § 476.270 imposes no duty on counties to advance court filing fees as those fees are not the court's expenditures.
Opinion No. 53-96 — HOUSING AUTHORITY.; INSURANCE.; POLITICAL SUBDIVISIONS.
Feb 14, 1996
An association of Missouri housing authorities formed under § 537.620, RSMo 1994, to self-insure their risks may not contract to assume risks of other than Missouri political subdivisions which are members.
Opinion No. 95-96 — NONRESIDENTS.; SCHOOLS.; TUITION.
Feb 13, 1996
Section 167.151.1, RSMo 1994, authorizes a school board, in its discretion, to admit nonresidents of Missouri, and to prescribe the tuition those nonresidents must pay to attend its schools.
Opinion No. 86-96 — BENEFITS.; RETIREMENT.; SHERIFFS.
Feb 8, 1996
The surviving spouse of a county sheriff killed in the line of duty is entitled to the benefits of both §§ 57.967.5 and 57.980.2, RSMo 1994.
Opinion No. 88-96 — COUNTY FUNDS.; COUNTY SALES TAX.; COUNTY TREASURER.; EMERGENCIES.; TELEPHONE.
Feb 7, 1996
The board created under § 190.335, RSMo 1994, to administer a county's central dispatch of emergency services has no authority to appoint or elect from its members a treasurer to disburse funds received from the special sales tax that § 190.335, RSMo 1994, authorizes the county to impose.
Opinion No. 90-96 — AMBULANCE DISTRICTS.; BIDDING.; COMPETITIVE BIDDING.; PURCHASES.
Feb 2, 1996
Section 50.660, RSMo Supp. 1995, does not impose competitive bidding requirements on ambulance districts; however, the fiduciary role of public officers requires that ambulance district directors follow purchasing procedures which reflect prudence, caution and attention in the management of the public assets under their control.
Opinion No. 55-96 — AMBULANCE DISTRICTS.; CONFLICT OF INTEREST.; FIRE PROTECTION DISTRICTS.
Feb 1, 1996
Section 321.017, RSMo 1994, prohibits an employee of any fire protection district formed under chapter 321, RSMo 1994, or any ambulance district formed under chapter 190, RSMo 1994, from serving on the board of any fire protection or ambulance district which has full time paid employees.
Opinion No. 101-96 — DONATIONS.; PORT AUTHORITY.
Jan 31, 1996
A not for profit corporation may be organized under Chapter 355, RSMo 1994, to solicit donations on behalf of a port authority established under Chapter 68, RSMo 1994, and the port authority may accept those donations.