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1988 Missouri Attorney General's Opinions

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1988 Missouri Attorney General's Opinions

OPINION DATE TOPIC SUMMARY
4-88 Jan 19 Opinion letter to The Honorable Bob Feigenbaum
7-88 Aug 4 Opinion letter to Michael Reagen, Ph.D.
11-88 Dec 22 Opinion letter to Frank V. DiMaggio
14-88 Feb 25 COUNTIES.
COUNTY ROADS.
COUNTY SALES TAX.
ROADS.
ROAD DISTRICTS.
TAXATION-COUNTY SALES TAX.
A county is authorized to expend a portion of its sales tax revenue derived from the tax authorized by Section 67.700, RSMo 1986, for maintenance of roads in special road districts, which roads are not state highways and which roads form a part of the county network of roads, either directly or by means of a contract with the special road district which contract complies with the provisions of Article VI, Section 16, Missouri Constitution of 1945, and Sections 70.210 to 70.320, RSMo 1986.
19-88 Jun 15 Opinion letter to C. Keith Schafer, Ed.D.
21-88 Mar 2 CAMPAIGN EXPENDITURES.
CAMPAIGN FINANCE REVIEW BOARD.
SCHOOLS.
SCHOOL DISTRICTS.
While a school district is not a ‘committee’ as that term is defined in Section 130.011(7), RSMo 1986, it is a ‘person’ as that term is defined in Section 130.011(18), RSMo 1986, and is subject to certain disclosure requirements in the Campaign Finance Disclosure Law.
22-88 Jul 27 COUNTIES.
COUNTY COMMISSIONS.
COUNTY COMMISSIONERS.
COUNTY COURTHOUSE.
(1) A decision by the county commission to close the courthouse would be beyond its authority and thus void; however, the commission is not prohibited from reducing the number of hours each day the courthouse is open to the public, and

(2) the county commission's failure to pay elected officials does not alleviate or affect the county's obligation to pay them.
23-88 Aug 3 Opinion letter to Martin Mazzei
25-88 Feb 11 AMBULANCE DISTRICTS.
CONFLICT OF INTEREST.
COUNTIES.
COUNTY COMMISSIONS.
COUNTY COMMISSIONERS.
INCOMPATIBILITY OF OFFICES.
The same person may not simultaneously hold the office of presiding commissioner of the county commission and the office of member of the board of directors of an ambulance district within that county.
26-88 Jun 7 AMBULANCE DISTRICTS.
CONSTITUTION.
CONSTITUTIONAL LAW.
INVESTMENTS.
An ambulance district may not invest in mutual fund accounts.
27-88 Jul 27 CITIES, TOWNS AND VILLAGES.
LICENSE FEES.
LICENSE TAX.
LICENSES.
THIRD CLASS CITIES.
A city of the third class is not authorized to levy and collect a license tax on electricians, and a city of the third class is not authorized to regulate the business of electricians by requiring electricians to first obtain a license, the issuance of which is conditioned on the electrician satisfactorily passing a proficiency exam.
29-88 Apr 26 BAIL BONDS.
BONDS.
CIRCUIT COURTS.
UNCLAIMED PROPERTY.
UNIFORM DISPOSITION OF UNCLAIMED PROPERTY ACT.
Money deposited as a cash bond during the course of legal proceedings is “intangible personal property” within the meaning of Section 447.532, RSMo 1986, and will become abandoned property subject to the provisions of Sections 447.500 through 447.585, RSMo 1986, if such money remains unclaimed for more than seven (7) years after the depositor became entitled to reclaim such money by reason of the fulfillment of the condition of the bond.
30-88 Aug 4 PUBLIC RECORDS.
RECORDS.
SETTLEMENT OF CLAIMS.
STATE AUDITOR.
SUNSHINE LAW.
Settlement agreements entered into by public governmental bodies prior to September 28, 1987 as a final disposition to a legal action could have been closed and may remain closed subsequent to September 28, 1987, which is the effective date of the revised Sunshine Law; however, settlement agreements entered into subsequent to September 28, 1987 are to be made public at the conclusion of the litigation pursuant to Section 610.021(1), RSMo Supp.1987.
31-88 Feb 4 Opinion letter to Frederick A. Brunner
32-88 May 31 ECONOMIC DEVELOPMENT, DEPARTMENT OF.
COSMETOLOGY, BOARD OF.
The Board of Cosmetology has the authority to issue a shop license to an individual renting space within a licensed cosmetology shop, which license is sometimes referred to as a booth rental license.
35-88 Jul 27 STATE FIRE MARSHAL.
FIRE PROTECTION - FIRE PROTECTION DISTRICTS.
1. The state fire marshal has the authority to send an arson investigator to investigate a fire or to assist a fire district or department.

2. The fire chief of a district or department can request assistance from either the state fire marshal or local authorities in investigating a fire but cannot exclude any appropriate authority-either the fire marshal or local authorities with jurisdiction-from assisting/investigating if they so desire.
36-88 Apr 18 Opinion letter to Stanley M. Thompson
38-88 Jan 21 Opinion letter to The Honorable Jan Martinette
41-88 Feb 4 Opinion letter to The Honorable Ron Auer
42-88 Mar 9 CIRCUIT JUDGES.
COUNTIES.
COUNTY COMMISSIONERS.
COUNTY FUNDS.
CRIMES AND PUNISHMENT.
JUDGES.
(1) Seciton 559.021, RSMo 1986 does not prohibit a circuit court judge from ordering as a condition of probation payment of a sum of money to be used for law enforcement purposes, and

(2) Section 50.550, RSMo 1986, authorizes the county commission to create a fund in the county treasury for this purpose.
45-88 Mar 14 GROUP INSURANCE.
HEALTH INSURANCE.
INSURANCE.
SCHOOL DISTRICTS.
SCHOOLS.
Under Section 169.590, RSMo Supp. 1987,

(1) a school district which provides group health insurance for its employees must offer the former employees who have retired and surviving spouses and surviving children of those former employees coverage under the school district's group policy at premiums equal to that charged for other members of the group, and

(2) the retirees, their surviving spouses and their surviving children must pay the premium for such coverage and the school district cannot provide such health insurance coverage at no charge to those persons.
46-88 Aug 9 Opinion letter to The Honorable Delbert L. Scott
47-88 Jan 19 COUNTIES.
COUNTY FUNDS.
COUNTY HOSPITAL.
Section 205.210, RSMo 1986, prohibits Jackson County from appropriating money from its general revenue for county hospital purposes.
48-88 Mar 9 ECONOMIC DEVELOPMENT, DEPARTMENT OF.
EMPLOYMENT.
PROFESSIONAL REGISTRATION, DIVISION OF.
PUBLIC RECORDS.
RECORDS.
SUNSHINE LAW.
(1) When a vote is taken by a state licensing board to close an investigation prior to the filing of a complaint with the Administrative Hearing Commission and the vote is taken in a meeting closed pursuant to Section 610.021(14), RSMo Supp.1987, there is no requirement that the vote to close the investigation be made public,

(2) when a vote is taken by a state licensing board in a meeting closed under Section 610.021(1), RSMo Supp.1987, to accept a settlement proposal or compromise a matter in litigation, including a matter before the Administrative Hearing Commission, and that vote finally disposes of the matter, all votes relating to that litigation taken after September 28, 1987, shall be made public, and (3) when state licensing boards use consultants to investigate complaints, such consultants are not employees as that term is used in Section 610.021(3), RSMo Supp.1987.
50-88 Apr 18 DEPARTMENT OF HIGHWAYS AND TRANSPORTATION.
DEPARTMENT OF PUBLIC SAFETY.
GIFTS.
HIGHWAY PATROL.
The written permission referred to in the second sentence of Section 43.060.2, RSMo 1986, is the written permission of the Director of the Department of Public Safety, rather than the Missouri State Highways and Transportation Commission.
51-88 Jan 29 Opinion letter to The Honorable Joseph R. Ortwerth
52-88 Mar 31 Opinion letter to The Honorable William E. Lewis
53-88 Jul 27 DRIVING WHILE INTOXICATED.
JURISDICTION.
JUVENILES.
FINGERPRINTING.
TRAFFIC OFFENSES.
PHOTOGRAPHING ARRESTED PERSONS.
Law enforcement officials may fingerprint and photograph a sixteen-year-old charged with a first offense of driving while intoxicated under Section 577.010, RSMo 1986, or an equivalent municipal ordinance, without authorization to do so by the juvenile judge, because the offense of driving while intoxicated, first offense, is not a felony, and is not within the jurisdiction of the juvenile court.
54-88 Jan 29 CITY RECORDS.
COUNTY RECORDS.
REAL ESTATE ASSESSMENTS.
REAL ESTATE TRANSFERS.
RECORDS.
SUNSHINE LAW.
A certificate of value required to be filed by a city or county ordinance is a public record under the Sunshine Law and is open to the public for inspection and copying.
59-88 Aug 3 Opinion letter to The Honorable Pat Danner
66-88 Jun 7 AMBULANCE DISTRICTS.
CANDIDACY FILINGS.
CANDIDATES.
COUNTY CLERK.
ELECTIONS.
Pursuant to Section 190.050, RSMo 1986, a candidate for election to the initial or subsequent board of directors of an ambulance district should file his declaration of candidacy with the county clerk.
67-88 Nov 21 Opinion letter to The Honorable Fred B. Brummel
68-88 Jan 29 CHARITABLE CORPORATIONS.
CHARITIES.
FRATERNAL BENEFIT SOCIETIES.
Organizations such as the American Legion, Elks Lodge and others which have tax exemptions recognized by the Internal Revenue Service under Section 501(c)(7) or Section 501(c)(8) and solicit funds for ‘charitable purposes’ by way of commonly used fund-raising methods are subject to the registration requirements of Sections 407.450 to 407.478, RSMo 1986, unless the solicitation of funds is limited to the membership of the organization itself.
69-88 Jan 13 Opinion letter to Roy D. Blunt
71-88 Jan 21 Opinion letter to Roy D. Blunt
74-88 Jul 13 FIRE PROTECTION DISTRICTS.
PROPERTY TAX.
TAX RATE ROLLBACK.
Section 321.244, RSMo 1986, relating to voter-approved property tax increases for fire protection districts, excepts fire protection districts from the provisions of Section 137.073.5(2)(a) and (b), RSMo 1986.
78-88 Mar 31 Opinion letter to Charles E. Kruse
79-88 Mar 14 METROPOLITAN ZOOLOGICAL PART AND MUSEUM DISTRICT.
REASSESSMENT.
TAXATION-PROPERTY.
TAXATION-RATE.
TAX RATE ROLLBACK.
(1) The property tax rate ceiling in 1989 for the Missouri History Museum Subdistrict of the Metropolitan Zoological Park and Museum District is based on the maximum authorized property tax rate in 1988 rather than the property tax rate actually levied in 1988, and

(2) if the property tax rate levied for such subdistrict in 1989 is less than the 1989 tax rate ceiling, assuming no changes in its tax rate ceiling between 1989 and 1990, the tax rate may be raised in 1990 to the tax rate ceiling without voter approval.
80-88 Jun 7 Opinion letter to Carl M. Koupal, Jr.
83-88 Oct 13 Opinion letter to The Honorable Danny Staples
85-88 May 31 DEPARTMENT OF PUBLIC SAFETY.
FIRE MARSHAL.
Pursuant to Section 320.230.2, RSMo 1986, the fire marshal, his assistants and investigators who have completed 240 hours of basic police training are peace officers with general police powers when investigating fire-related offenses. They are also considered peace officers when assaulted while engaged in the performance of their duties.
87-88 Mar 21 CITY ELECTIONS.
COUNTY ELECTIONS.
ELECTION COMMISSIONERS, BOARD OF.
ELECTION EXPENSE AND EXPENDITURES.
ELECTIONS.
The Clay County Board of Election Commissioners has the authority to enter into a contract for the service and maintenance of voting machines and has the authority to enter into a contract to upgrade its computer equipment, the Board need not comply with any purchasing procedures applicable to county purchases or to city purchases, and both the city and county are liable for their proportionate share of the costs as provided in Section 115.073.1, RSMo 1986.
89-88 Apr 26 ABANDONMENT OF PROPERTY.
CONSTITUTION.
ESCHEATS.
UNCLAIMED PROPERTY.
UNIFORM DISPOSITION OF UNCLAIMED PROPERTY ACT.
The disposition of abandoned property delivered to the state pursuant to Missouri's Uniform Disposition of Unclaimed Property Act, Sections 447.500 through 447.585, RSMo 1986, is governed by the provisions of that Act, and is not subject to the provisions of Article IX, Section 5 of the Missouri Constitution.
91-88 Mar 14 Opinion letter to The Honorable Robert T. Johnson
92-88 Jun 16 MILITARY LEAVE.
MISSOURI NATIONAL GUARD.
NATIONAL GUARD.
An agency, in calculating the amount of military leave to which a state employee is entitled, pursuant to Section 105.270.1, RSMo 1986, should include all days from the time of the employee's departure until the time of his or her return, regardless of whether or not the employee was scheduled to work on all interim days or not, for a total of fifteen calendar days.
93-88 Mar 14 Opinion letter to The Honorable Michael P. David
95-88 May 4 MENTAL HEALTH, DEPARTMENT OF.
STATE CONTRACTS.
The Department of Mental Health may not contract out the operation of a state-owned residential facility for the mentally ill to a private not-for-profit entity.
98-88 May 4 Opinion letter to The Honorable Chuck Surface
100-88 Dec 22 COMPENSATION.
COUNTIES.
PUBLIC ADMINISTRATOR.
The Public Administrator appointed for Buchanan County on June 19, 1987 is to be paid for 1987 a pro-rata portion of the four thousand dollars ($4,000.00) authorized by Section 473.739, RSMo 1986, based on the time served in office.
101-88 Apr 18 JUNIOR COLLEGE DISTRICTS.
JUNIOR COLLEGES.
A candidate for trustee of East Central College is not required by Section 178.820.5, RSMo 1986, to have been a voter of his or her particular subdistrict for at least one whole year next preceding the election.
102-88 Aug 3 GROUP INSURANCE.
HEALTH INSURANCE.
INSURANCE.
JUNIOR COLLEGE DISTRICTS.
SCHOOL DISTRICTS.
SCHOOLS.
The provisions of Section 169.590, RSMo Supp.1987, are not applicable to junior college districts.
103-88 Aug 3 SCHOOLS.
SCHOOL BOARD ASSOCIATION DUES.
SCHOOL BOARDS.
SUNSHINE LAW.
The Missouri School Boards' Association is a “quasi-public governmental body” as defined in Section 610.010(2), RSMo Supp. 1988 , and subject to the provisions of Chapter 610, RSMo, the Sunshine Law.
104-88 Apr 18 CONTINUING EDUCATION.
ECONOMIC DEVELOPMENT, DEPARTMENT OF.
HEALING ARTS, BOARD OF.
PHYSICIANS.
The State Board of Registration for the Healing Arts may, pursuant to Section 334.075, RSMo Supp.1987, require continuing education for physicians to be completed over a time period in excess of one year.
106-88 Apr 7 Opinion letter to The Honorable Frank Bild
111-88 May 18 CANDIDATES.
COUNTY COMMITTEE.
ELECTIONS.
ELIGIBILITY OF CANDIDATE.
QUALIFICATIONS OF CANDIDATE.
Pursuant to Section 115.607.1, RSMo 1986, a candidate for county committee who was not a registered voter for one year prior to the date of the election because said candidate had not attained the age of eighteen years one year prior to the date of the election is not a qualified candidate, and the election authority has the authority to withhold said candidate's name from the primary ballot.
113-88 Jun 30 Opinion letter to Richard Rice
121-88 Jun 7 CITIES, TOWNS AND VILLAGES.
CITY OFFICERS-OFFICIALS.
CONFLICT OF INTEREST.
COUNTIES.
COUNTY COMMISSIONS.
COUNTY COMMISSIONERS.
INCOMPATIBILITY OF OFFICES.
The same person may not simultaneously hold both the office of presiding commissioner of a third class county and the office of alderman of a fourth class city within that county.
124-88 May 16 Opinion letter to Roy D. Blunt
128-88 May 20 Opinion letter to Roy D. Blunt
130-88 May 20 Opinion letter to Roy D. Blunt
131-88 May 24 Opinion letter to Roy D. Blunt
134-88 Oct 21 COUNTIES.
DISSOLUTION OF SPECIAL ROAD DISTRICTS.
ROAD DISTRICTS.
SPECIAL ROAD DISTRICTS.
The special road districts created in 1919 in Ripley County, a non-township county, pursuant to Section 10464 of Chapter 102, RSMo 1909, are subject to the dissolution procedure set forth in Section 233.295, RSMo 1986, or, if the alternative form of county highway commission is adopted pursuant to Section 230.210, RSMo 1986, the special road districts are abolished under Section 230.225, RSMo 1986.
138-88 Sep 27 CRIMES AND PUNISHMENT.
CRIMINAL LAW.
Lethal injection may be used to carry out the execution of those sentenced to death prior to the effective date of Section 546.720 as enacted by Conference Committee Substitute for Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1340 & 1348, 84th General Assembly, Second Regular Session (1988).
139-88 Nov 10 COUNTIES.
COUNTY OFFICERS.
COUNTY OFFICIALS.
COMPENSATION.
EFFECTIVE DATE OF LAW.
Any increased compensation adopted by a county salary commission for the year 1988 pursuant to Conference Committee Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 431, 84th General Assembly, Second Regular Session (1988) is effective from the date it is adopted by the county salary commission.
144-88 Sep 12 ECONOMIC DEVELOPMENT, DEPARTMENT OF.
FINANCE, DIVISION OF.
Section 367.140, RSMo 1986 requires the Director of Finance to issue a certificate of registration to an applicant when the applicant has complied with the statutory conditions.
146-88 Dec 22 EDUCATIONAL FUNDS.
EDUCATIONAL TELEVISION.
SCHOOLS.
SCHOOL FUNDS.
TUITION.
Fees charged by educational entities to provide coursework for high school credit, delivered to students via interactive satellite communication systems, must be paid from either the free textbook fund or the incidental fund.
149-88 Nov 10 Opinion letter to Briney Welborn
164-88 Nov 21 COUNTIES.
COUNTY JAIL.
COUNTY SALES TAX.
TAXATION-COUNTY SALES TAX.
All funds received by a county from a sales tax imposed pursuant to Section 67.700, RSMo 1986, for the purpose of the construction of a county jail and sheriff's facility, and any interest earned upon the investment of such funds, must be expended solely for the construction, maintenance and utilization of such facility.
167-88 Sep 14 Opinion letter to The Honorable E.J. Cantrell
168-88 Nov 10 EXPUNGEMENT.
LIENS-LIEN SEARCH.
DIRECTOR OF REVENUE.
The word “expunged” used in Sections 144.380.1(2) and 143.902.1(2), House Bill No. 1335, 84th General Assembly, Second Regular Session (1988), means striking out, blotting, obliterating or in any permanent manner completely concealing or excising a record or part of a record. Liens filed in error by the director of revenue are not to be released by the filing of a document subsequent to the recording of such liens because such liens are to be expunged, thereby leaving nothing to be released.
169-88 Sep 13 BALLOTS.
CANDIDATES.
ELECTIONS.
GENERAL ELECTIONS.
PRIMARY CANDIDATE.
PRIMARY ELECTIONS.
Section 115.351, RSMo 1986, prevents a Republican candidate who was defeated in the primary election from filing as an idenpendent candidate for the same office in the November general election.
177-88 Nov 28 ABSENTEE VOTING.
ELECTION BALLOTS.
ELECTIONS.
NOTARY PUBLIC.
Under Section 115.291, RSMo 1986, a notary public, or any other person of the voter's choice, may assist a voter in voting his absentee ballot if the voter is blind, unable to read or write the English language or physically incapable of voting his ballot.
178-88 Nov 8 ARCHITECTS AND ENGINEERS.
BOARD FOR ARCHITECTS, PROFESSIONAL ENGINEERS, AND LAND SURVEYORS.
COUNTY HEALTH CENTER.
PROFESSIONAL REGISTRATION, DIVISION OF.
Section 327.421, RSMo 1986, requires a county health board to hire a currently registered architect to prepare specifications used in the construction of an addition to its building.
179-88 Nov 2 CITIES, TOWNS AND VILLAGES.
CITY STREETS.
FOURTH CLASS CITIES.
A fourth class city does not have the authority to create and operate a toll street.
186-88 Nov 10 COUNTY COMMISSION.
JUVENILE COURT.
JUVENILE COURT BUDGET.
CIRCUIT COURTS.
When a juvenile court, pursuant to Section 1 of House Substitute for Senate Committee Substitute for Senate Bill No. 622, 84th General Assembly, Second Regular Session (1988) determines that its juvenile court personnel should be paid more than the state compensation provided in Section 211.381, RSMo 1986, and the county commission disagrees with the juvenile court's determination of the reasonableness of the additional compensation, the county must either provide for the payment of the additional compensation, obtain the consent of the circuit court to change or disapprove the request, or file a petition for review with the Judicial Finance Commission in accordance with Sections 50.640 and 477.600, RSMo 1986.
189-88 Nov 21 DEPARTMENT OF HEALTH.
DIVISION OF FAMILY SERVICES.
EMPLOYEES.
HEALTH, BOARD OF.
SOCIAL SERVICES, DEPARTMENT OF.
STATE EMPLOYEES.
A private physician who, for compensation, furnishes medical consultant services to a facility of the Division of Family Services for three or four hours a week is “holding any other ... employment under the state of Missouri” within the meaning of Section 191.400, RSMo 1986.
193-88 Dec 22 BUS OPERATOR'S LICENSE.
BUS TRANSPORTATION FOR PUBLIC SCHOOLS.
ELEMENTARY AND SECONDARY EDUCATION, DEPT. OF.
DEPARTMENT OF REVENUE.
SCHOOLS.
SCHOOL TRANSPORTATION.
1. In a first or second class county or in a third or fourth class county whose board of education has adopted written compliance with Section 302.272, RSMo Supp.1988 , Section 167.242, RSMo Supp.1988 exempts an individual transporting four or fewer students in a privately owned automobile from being licensed as a school bus operator or as a chauffeur while under contract to transport with a public school or the State Board of Education.

2. There is no requirement under Section 167.242 that the operator be paid compensation for the exemption to be applicable but the operator must have a legally valid contract to transport.

3. A public school district employee's contract would be considered a “contract to transport” under Section 167.242 only if it contained an express provision regarding the employee's responsibilities to transport school children.

4. In a first or second class county or in a third or fourth class county whose board of education has adopted written compliance with Section 302.272, Section 167.242 does not exempt an individual transporting four or fewer students in an automobile owned by the school district from being licensed as a school bus operator because the exemption applies only to automobiles which are privately, not publicly, owned; therefore, the operator would be required to obtain a school bus operator's permit.
 
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