Missouri AG Opinions — 2000

Review and rejection pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to a proposed law amending Section 195.010 RSMo by Matt Kleinsorge.

Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition regarding a proposed constitutional amendment by Husch & Eppenberger, LLC, relating to the Tobacco Settlement, Version 4B.

Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition regarding a proposed constitutional amendment by Husch & Eppenberger, LLC, relating to the Tobacco Settlement, Version 3B.

Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo Supp., relating to an initiative petition proposal to amend Section 571.030, RSMo.

Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, concerning an initiative petition proposal to amend Section 571.030, RSMo, The Vermont Project.

Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition regarding a proposed constitutional amendment by Husch & Eppenberger, LLC, relating to the Tobacco Settlement, Version 4A.

Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition regarding a proposed constitutional amendment by Husch & Eppenberger, LLC, relating to the Tobacco Settlement, Version 3A.

Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo Supp., relating to firefighters, ambulance personnel, and dispatchers having the authority to organize and bargain collectively.

Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, concerning a proposed constitutional amendment relating to firefighters collective bargaining rights.

Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to a proposed law to amend Section 571.030, RSMo, by The Vermont Project.

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 firefighters, ambulance personnel, and dispatchers having the authority to organize and bargain collectively.

The Sunshine Law requires disclosure of the race of the arrested person and the location of the arrest from an arrest report if that information is contained in the arrest report and the arrest report has not been closed pursuant to the provisions of the Sunshine Law. The status of the records is not affected if they are maintained in an electronic format.

Normally a municipality may not pay for computer software from sales tax revenue authorized under Section 94.577 RSMo 1999 Supp. However, if there are computers dedicated to "maintenance" of a capital improvement for items such as security, climate control, or fire protection, software for such computers may be purchased from such dedicated funding.

The board of aldermen may review the contents of a personnel file of a city's employee if such is necessary to care, manage, or control the city. The authority may be delegated through resolution or ordinance to one or more members of the board.

Members of the Board of County Visitors are not immune from liability for their acts as Board members because they are volunteers; however, they have available defenses such as the public duty doctrine and official immunity. Board members are not state officials and are not covered by the provisions of the State Legal Expense Fund.

The funding by a sales tax of 1/2 percent for an enhanced 9-1-1 and central dispatch system, when approved by the voters pursuant to the ballot question listed herein, although an election irregularity, in the absence of a timely election challenge, is valid.

Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.160, RSMo Supp. 1999, relating to compensation and retention of public officers.

Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, concerning a proposed constitutional amendment relating to bingo game operators.

Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, concerning a proposed constitutional amendment relating to compensation and retention of public officers.

Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.160, RSMo Supp. 1999, relating to bingo game operators.

The chief deputy is not required to resign while running for the office of collector nor is the chief deputy required to resign as chief deputy if elected collector between the election and assuming the office of collector.

The provisions of Chapter 610 RSMo, the Sunshine Law, applies to a Board of Visitors created by Section 221.320 RSMo.

Letter to Bob Holden.

Section 311.095 RSMo 1999 Supp. does not supersede Section 311.080 RSMo 1994 as it pertains to schools and churches.

A public governmental body may decide in closed session pursuant to Section 610.021(2) RSMo to enter into a contract that includes an option to purchase real estate at a particular price if the consideration for that contract could be affected by discussions in open sessions. However, within seventy two hours of its decision the public governmental body must make public any minutes, votes or records relating to its decision.

Letter to Mason R. Gebhardt.

Vacancies on boards for fire protection districts are to be filled by remaining board members who have been elected, unless there are less than two elected members, in which instance the vacancy is to be filled by the circuit court.

Letter to The Honorable Robert M. Clayton, III.

Letter to Claire C. McCaskill.

Letter to The Honorable Denny J. Merideth III.

The board may conduct business with fewer than seven members present or voting. However, to convey school property a vote of at least four members, regardless of how many members are in attendance and are voting, is required.

Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, concerning an initiative petition proposal relating to unidentified flying objects.

Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo Supp., regarding an initiative petition proposal relating to unidentified flying objects.

Review and rejection pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to a proposed law concerning the state board of probation and parole.

Review and rejection pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to a proposed law concerning mandatory minimum sentencing.

Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to a proposed law regarding unidentified flying objects.

Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, concerning a proposed constitutional amendment regarding the taxation of electricity and natural gas.

Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, concerning a proposed constitutional amendment regarding the taxation of electricity.

Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo Supp., regarding a proposed amendment to the Missouri Constitution relating to taxation of electricity and natural gas.

Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo Supp., regarding a proposed amendment to the Missouri Constitution relating to taxation of electricity.

Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, concerning a proposed constitutional amendment regarding rail passenger service.

Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, concerning a proposed constitutional amendment regarding technology parks.

Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo Supp., regarding a proposed amendment to Article IV, Section 36(a) of the Missouri Constitution relating to technology parks.

Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo Supp., regarding a proposed amendment to Article IV, Section 30 of the Missouri Constitution relating to rail passenger service.

Letter to The Honorable May E. Scheve.

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 revising Article X and concerning taxation of electricity and natural gas.

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 revising Article X and concerning taxation of electricity.

The term "operating levy" as used in SB 394 refers to the authorized operating levy. Therefore, while the amount actually levied may be less, passage of an operating levy of $2.85 complies with SB 394 and qualifies the school district for the extended repayment period. Further, because the levy needed to offset the monies to be deducted from state aid is less than $2.85, then according to plain language of the statute, the $2.85 levy is required.

Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo Supp., regarding a proposed amendment to Section 571.030 of the Missouri Revised Statutes.

Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo Supp., regarding a proposed amendment to Section 571.080 of the Missouri Revised Statutes.