Missouri AG Opinions — 2001

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 the Missouri Constitution relating to the Missouri standard deduction for personal income tax returns.

Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo Supp. 1999, regarding a proposed initiative petition relating to standard of living.

Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to a proposal to amend Section 143.131, RSMo.

A county assessor does not violate the provisions of Article VII, Section 6 of the Missouri Constitution by employing the daughter of the sister of the assessor's brother's wife.

Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo 2000, regarding a proposed constitutional amendment for Technology Parks.

Review and approval of legal content and form of fiscal note summary for the initiative petition pursuant to Section 116.175, RSMo, concerning the constitutional amendment regarding Technology Parks (Fiscal Note No. 01-12r).

Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to technology parks.

Doctors and nurses at the St. Charles County Volunteers in Medicine Clinic are covered against malpractice lawsuits by the State Legal Expense Fund if the Clinic is a non-profit community health center that qualifies as a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code, if the treatment is restricted to primary care and preventative health services that do not include abortions, that the services are provided without compensation, that any insurance coverage is exhausted, and the physicians and nurses cooperate with the attorneys handling the defense of the malpractice claim.

An individual is disqualified from receiving retirement benefits from the state retirement system if that individual works for a cumulative 1,000 or more hours per year for one or more departments with a year to run for 12 months from the annuity starting date and from each subsequent anniversary of said starting date.

A circuit clerk is not prohibited by Article VII, Section 6 of the Missouri Constitution from promoting the wife of the clerk's husband's brother.

Recorders of deeds and ex-officio recorders of deeds do not have the authority to waive fees for recording instruments for the county in which they serve as recorder.

Review and approval pursuant to Section 116.175, RSMo, of the legal content and form of the fiscal note summary for the proposed constitutional amendment passed by the General Assembly (House Joint Resolution No. 11) (Fiscal Note No. 01-11r).

Review and approval of legal content and form of a summary statement for initiative petition pursuant to Section 116.334, RSMo 2000, relating to the definition of marijuana.

Review and approval of legal content and form of fiscal note summary for initiative petition pursuant to Section 116.175, RSMo, concerning a proposal to amend Section 195.010, RSMo, by changing the definition of marijuana under the Narcotic Drug Act. (Fiscal Note No. 01-10)

Review and approval of legal content and form of a summary statement for initiative petition prepared pursuant to Section 116.160, RSMo 2000, regarding HS HJR 11.

Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition regarding a proposal to amend Section 195.010, RSMo.

An agency rule that was properly promulgated, does not exceed the legislative grant of authority, and has not been invalidated by the legislature pursuant to Section 536.028, RSMo 2000, has the force and effect of law and is binding on the courts in a civil cause of action. A state agency cannot by regulation abrogate a private cause of action created by the legislature. However, compliance with terms of a regulation properly adopted by a state agency can be used by a private litigant to demonstrate obedience to a state statute when defending against a private cause of action.

If a third class county with a township form of government using township planning and zoning abolishes the township form of government, the township zoning remains in place until the county takes action to change that zoning.

Assessors have the authority to list and assess personal property that had been omitted by the taxpayer in the immediately preceding three years.

An individual who is required to register as a sex offender in another state is required to register as a sex offender in this state. If the individual is adjudicated by a juvenile court as a sex offender, the individual must register as a juvenile sex offender.

Under the Career Ladder Program, a participating teacher remains qualified to receive career pay if the teacher changes employment from one qualifying district to a different qualifying district. The reimbursement obligation of the state is dependent upon the size of the school district employing the participating teacher.

1) The board of jury commissioners is a public governmental body as defined in Chapter 610, RSMo; 2) When the board of jury commissioners performs its duties pursuant to Chapter 494, RSMo, it is acting in an administrative role; 3) Because the board of jury commissioners is a public governmental body it is not exempt from the provisions of Chapter 610, RSMo; 4) Any public governmental body in possession of the qualified jury list or prospective jury list is responsible for providing copies if requested under Chapter 610, RSMo.

Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo Supp. 1999, for the petition submitted by the Missouri PTA relating to Article VI, Section 26(b) of the Missouri Constitution.

Review and approval of legal content and form of fiscal note and fiscal note summary for initiative petition pursuant to Section 116.175, RSMo, concerning the initiative petition proposal relating to votes required to pass a ballot for school indebtedness.

The names, addresses, and water bills of customers of a public water supply district are records subject to disclosure under Chapter 610, RSMo.

There is an incompatibility between two offices when the offices have duties which are inconsistent, antagonistic, repugnant, or conflicting, such as where one office is subordinate to another. Although there is no direct incompatibility between the office of circuit clerk and that of a member of a school board, a circuit clerk has significant and specific responsibilities regarding the management of the circuit court and must undertake those responsibilities in an impartial manner. There is an incompatibility between the office of a county's emergency planning coordinator and either the city council or a school board. There is an incompatibility between the office of county commissioner and a school board.

Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to a proposal to amend Article VI, Section 26(a) of the Missouri Constitution.

An individual who resigns as sheriff is not disqualified from running for that office because of that resignation. A county commission that has appointed an interim sheriff in accordance with Section 57.080, RSMo, is without authority to reinstate that individual who resigned as sheriff to complete the term of office.

Members of a city council, board of aldermen, or board of trustees have a right to receive copies of written opinions issued to the council or board by the city attorney and should make an effort to obtain copies of such opinions in order to fulfill the obligations of the city council or board. We are unable to answer the remaining portions of your inquiry for the reasons stated herein.

A city council with a city manager form of government may go into closed session to discuss personnel matters involving any employee of the city.

A city of the fourth class may convey by gift land it owns in fee simple to a public community college to build a community college on such land.

A sheltered workshop established by a not-for-profit corporation is a quasi-public governmental body and its financial records are subject to the provisions of Chapter 610, RSMo.

A newly-elected county assessor is not guilty of nepotism by retaining a relative as an employee if that relative was employed by a prior assessor.

Review and approval of legal content and form of fiscal note and fiscal note summary for initiative petition pursuant to Section 116.175, RSMo, concerning the initiative petition proposal to amend Section 195.010, RSMo.

Review and approval of legal content and form of a summary statement for initiative petition pursuant to Section 116.334, RSMo Supp. 1999, regarding a proposed constitutional amendment for rail passenger service.

Our response to your questions (1) and (2) is that the governor has authority to fill a vacancy on the apportionment commissions. Our response to your questions (3) and (4) is that you are directed by the Constitution to do so. Our response to your question (6) and to the first part of your question (5) is that you need not select a person from a list provided to you by a party committee pursuant to Article III, Sections 2 and 7. Our response to the second part of your question (5) is that when appointing a person to fill a vacancy on the House commission, you must appoint someone who resides in the district for which there is a vacancy. And our response to your question (7) is that although there is no clear requirement that you do so, you should submit appointments to fill vacancies on the commissions to the Senate for its advice and consent.

Review and approval of legal content and form of fiscal note summary for initiative petition pursuant to Section 116.175, RSMo, regarding a proposal to amend Article IV of the Missouri Constitution by adding Section 30(D) (Fiscal Note No. 01-07).

(1) When the Commissioner of Securities makes a request for information about a financial institution that is proper and within the scope of the Commissioner's authority under Section 409.407 or when the Department of Insurance makes a request for information about a financial institution that is proper and within the scope of the Department's authority under Section 374.190, the Division of Finance may provide information about the financial institution, which would otherwise be prohibited from disclosure by Sections 361.070.1 or 361.080, to the Commissioner or the Department, respectively, pursuant to Section 610.032 without need for a court order. (2) When the Division of Finance obtains financial records in the course of an examination or investigation of a financial institution conducted pursuant to the provisions of Chapter 361, it acts within the exemption created by Section 408.962.1 and is permitted to transfer those financial records to the Commissioner of Securities when requested as part of a Section 409.407 investigation of the same financial institution or to the Department of Insurance when requested as part of a Section 374.190 investigation of the same financial institution, without providing notice to the customers whose financial records are being transferred.

Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to the amending of Section 195.010, RSMo.

Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition regarding rail passenger service amending Article IV of the Missouri Constitution by adding Section 30(D).

Members of the board of directors of fire protection districts in St. Charles, Jackson and St. Louis counties are not entitled to the additional compensation under the provisions of Section 321.603 RSMo 1999 Supp. (Senate Bill 436) until they assume a new term of office.

After a city has adopted a chief of police position rather than a city marshal through an ordinance approved by the voters pursuant to Section 79.050 RSMo, the board of aldermen may change the term of office by ordinance, which ordinance is not subject to approval by referendum.

Employees of county assessors must be paid by salary, which is a fixed periodic rate, and not by an hourly rate.

The recorder of deeds is authorized to collect marriage license fees established by Section 451.150 RSMo 1994, Section 451.151 RSMo 1994, Section 193.195 RSMo 1994, and Section 455.205.1 RSMo 1999 Supp. at the time of the issuance of the license, not at the time of application for the license.

A political subdivision may enforce its own code regarding elevator safety in lieu of the code adopted by the elevator safety board if the political subdivision has adopted a code which is at least as stringent as that adopted by the elevator safety board.

State revenues identified in Article IV, Sections 30(a) and 30(b) of the Missouri Constitution are subject to being partially refunded as part of a refund of excess revenues pursuant to the Hancock Amendment.

Review and approval of legal content and form of fiscal note summary for initiative petition from The Missouri PTA pursuant to Section 116.175, RSMo, regarding a proposed amendment to the Missouri Constitution relating to votes required for school indebtedness. (Fiscal Note No. 00-37r)

Review and approval of legal content and form of a summary statement for initiative petition pursuant to Section 116.334, RSMo Supp., submitted by Stephen Umscheid, director of The Vermont Project, relating to concealed weapons.

Review and approval of legal content and form of a summary statement for initiative petition pursuant to Section 116.334, RSMo Supp., submitted by the Missouri PTA relating to Article VI of the Missouri Constitution.

Review and approval of legal content and form of fiscal note summary for initiative petition pursuant to Section 116.175, RSMo, concerning the proposal to amend Section 571.030, RSMo, from The Vermont Project, Version 2, relating to concealed weapons (Fiscal Note No. 00-35).