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1989 Missouri Attorney General's Opinions

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1989 Missouri Attorney General's Opinions

OPINION DATE TOPIC SUMMARY
13-89 Feb 23 Opinion letter to Dennis W. Smithmier
16-89 Aug 4 Opinion letter to Roy D. Blunt and The Honorable Margaret Kelly, CPA
26-89 Jan 6 CRIMINAL ACTIVITY FORFEITURE ACT. The Criminal Activity Forfeiture Act, and in particular Section 513.620, RSMo 1986, authorizes a judge to award any money forfeited to a state agency or political subdivision. Furthermore, while Section 513.623, RSMo 1986, requires the proceeds of any judicial sale to be paid into the Missouri state general revenue except for that paid to the children's trust fund, that provision does not apply to all money but instead money that is obtained as a result of a judicial sale or other disposition.
27-89 Feb 23 DEEDS OF TRUST.
LOANS.
MORTGAGED PROPERTY.
REAL ESTATE MORTGAGES.
USURY.
Section 408.052, RSMo 1986, does not prohibit “late charges” on residential real estate loans when loan payments are untimely made.
28-89 Oct 11 AUDITS.
HOUSING AUTHORITY.
RSMO, which does not own or maintain property or projects as defined in Chapter 99, RSMo, is subject to the requirements of Section 99.055, RSMo Supp.1988, that the board of commissioners conduct an annual audit and hold public hearings.
30-89 Jan 30 AID TO RELIGION.
CONSTITUTIONAL LAW.
COUNTIES.
COUNTY HEALTH CENTER.
PAROCHIAL SCHOOLS.
PRIVATE SCHOOLS.
SCHOOLS.
1. The Establishment Clause of the First Amendment of the United States Constitution, as applicable to this state through the Fourteenth Amendment, prohibits county health centers from providing speech therapy services and certain public health lectures to the students of sectarian schools on the premises of those schools during normal school hours.

2. Neither the Establishment Clause of the First Amendment of the United States Constitution, nor Article I, Sections 6 and 7, nor Article IX, Section 8, of the Missouri Constitution prohibit county health centers from providing diagnostic and screening health services to the students of sectarian schools, whether or not on the grounds of those schools.
33-89 Apr 14 FIRE PROTECTION DISTRICTS.
HEALTH INSURANCE.
INSURANCE.
Directors of a fire protection district are eligible for health insurance benefits from the fire protection district pursuant to the provisions of Section 67.150, RSMo 1986.
36-89 Sep 6 ECONOMIC DEVELOPMENT, DEPARTMENT OF.
EDUCATIONAL INSTITUTIONS.
HEALING ARTS, BOARD OF.
PROFESSIONAL REGISTRATION, DIVISION OF.
The phrase “duly chartered educational institution” as used in Section 345.025.1(1), RSMo 1986, does not include preschool entities, day care centers and rehabilitation centers which are primarily custodial but include educational or instructional terms in their charters, and the phrase “in the employ of” as used in Section 345.025.1(1) does not include independent contractors.
39-89 Mar 3 Opinion letter to Robert B. Paden
44-89 Jul 21 COUNTIES.
COUNTY COLLECTORS.
DRAINAGE DISTRICT.
A county collector in a third class, nontownship county collecting taxes pursuant to Section 242.540, RSMo 1986, for drainage districts organized in circuit court must collect on behalf of the county the fees provided for in Section 52.275, RSMo Supp.1988, and deposit these fees into the county general revenue fund, unless the collector and the county have contracted to allow the collector to retain these fees, or a part of them, pursuant to subsection 3 of Section 52.269, RSMo Supp.1988.
46-89 Apr 4 SCHOOLS.
TEACHERS CERTIFICATES.
TEACHERS TENURE.
VOCATIONAL EDUCATION.
VOCATIONAL TRAINING.
Instructors who are employed by a local school district to instruct in programs funded pursuant to the Job Training Partnership Act, 29 U.S.C. Section 1501 et seq., are 'teachers' as that term is defined in Section 168.104(7), RSMo 1986, of the Missouri Teacher Tenure Act.
51-89 Mar 10 CITIES, TOWNS AND VILLAGES.
CITY ATTORNEY.
FOURTH CLASS CITIES.
SPECIAL COUNSEL.
Pursuant to Section 79.230, RSMo 1986, the board of aldermen of a fourth class city may not employ special counsel without approval of the mayor.
54-89 Mar 17 Opinion letter to The Honorable Steve Ehlmann
57-89 Jan 30 AIRPORTS.
CONDEMNATION.
EMINENT DOMAIN.
Land separated from an existing airport by a public road or highway and located in the same county as the county which created the airport authority is “adjacent to the existing airport” as that phrase is used in Section 305.307.2, RSMo 1986.
61-89 Mar 22 COUNTIES.
COUNTY SALES TAX.
TAXATION-COUNTY SALES TAX.
Harrison County can increase the sales tax authorized by Section 67.547, RSMo Supp.1988, from one-fourth of one percent to one-half of one percent if authorized by a majority vote of the governing body and approved by the majority of the voters casting a vote on the proposal when submitted at a county or state general, primary or special election.
62-89 Apr 5 COUNTIES.
COUNTY INSURANCE.
COUNTY OFFICIALS.
COUNTY SURVEYOR.
HEALTH INSURANCE.
INSURANCE.
A county which provides health insurance to some of its elected officials is not required to provide health insurance to the county surveyor.
64-89 Mar 3 Opinion letter to The Honorable Raymond W. “Bill” Hand
68-89 Aug 1 Opinion letter to The Honorable Ted House
71-89 Mar 3 Opinion letter to The Honorable Joe McCracken and The Honorable Ken Legan
73-89 Mar 27 ASSESSOR.
COUNTIES.
COUNTY EMPLOYEES.
NEPOTISM.
(1) A county assessor who retains as an employee a relative within the fourth degree, by consanguinity or affinity, which relative was employed by the prior county assessor, does not violate Article VII, Section 6 of the Missouri Constitution, the nepotism provision, and

(2) pay increases or increases in other benefits incidental to the original employment do not result in the county assessor violating the nepotism provision.
74-89 Mar 3 CHAMBER OF COMMERCE.
CONSTITUTIONAL LAW.
COUNTIES.
COUNTY FUNDS.
GRANT OF PUBLIC MONIES.
A third-class county is not authorized to grant money without restriction to a private entity such as a chamber of commerce.
76-89 Sep 26 DEPARTMENT OF PUBLIC SAFETY.
PEACE OFFICERS.
POLICE.
POLICE TRAINING.
(1) The “grandfather” provisions in Section 590.115, RSMo Supp.1988, exempt certain peace officers and reserve officers from being certified, and the director of the Department of Public Safety may not issue a certificate to such officers unless the officers have completed the required training,

(2) the director may establish training requirements for reserve officers who are exempt from certification, but voluntarily choose to seek certification,

(3) under subsection 2 of Section 590.115 only peace officers who were working as a peace officer prior to December 31, 1978, and were working for the same department after August 15, 1988, as they were working for on August 13, 1988, are exempt from certification, and

(4) reserve officers appointed after August 15, 1988, must receive the same training as peace officers in order to be certified.
79-89 Mar 3 Opinion letter to Charles E. Kruse
84-89 Sep 14 ASSESSORS.
CONFLICT OF INTEREST.
It would be a conflict of interest, as a matter of public policy, for a county assessor to appraise property in his individual capacity as a private appraiser within the county for which he serves as county assessor.
88-89 Jul 21 CHIROPRACTICS-CHIROPRACTORS.
INSURANCE.
MEDICAL CARE PLAN.
SELF-INSURER.
Section 375.936(11)(b), RSMo 1986, is not applicable to self insured governmental medical care plans.
89-89 Jun 12 LABOR AND INDUSTRIAL RELATIONS, DEPARTMENT OF.
PREVAILING WAGE LAW.
SUNSHINE LAW.
If a public governmental body retains copies of records of the information set out in Section 290.290, RSMo 1986, they are public records as defined in Section 610.010(4), RSMo Supp. 1988, and must be made available for inspection and copying pursuant to Section 610.023, RSMo Supp. 1988.
94-89 Dec 11 Opinion letter to John B. Berkemeyer
100-89 Oct 27 PEACE OFFICERS.
POLICE.
POLICE TRAINING.
SHERIFFS.
The curriculum for the training program for newly-elected sheriffs required by Sections 590.170 and 590.175, RSMo, need not be identical to the curriculum for the training program for peace officers required by Sections 590.100 to 590.150, RSMo, and newly-elected sheriffs must complete the required training by the end of the six-month period after their election as sheriff.
102-89 May 12 BOUNDARIES.
CHARTER CITIES.
CITIES, TOWNS AND VILLAGES.
CONSTITUTIONAL CHARTER CITIES.
A constitutional charter city has the power to alter its boundaries so as to exclude territory from its corporate limits and such city is empowered to develop its own procedures to accomplish this.
104-89 Apr 17 INCOME TAX.
INTERGOVERNMENTAL TAX IMMUNITY.
TAXATION-GENERAL.
TAXATION-INCOME TAX.
TAX REFUNDS.
(1) Based on the principles stated in Paul S. Davis v. Michigan Department of Treasury, No. 87-1020 (U.S. March 28, 1989), taxation of retirement benefits of federal civil service and military retirees under current Missouri income tax statutes is invalid, and

(2) the State of Missouri must recognize timely income tax refund claims filed by federal civil service and military pensioners.
106-89 Dec 28 Opinion letter to The Honorable Margaret Kelly, CPA
107-89 Nov 2 COUNTIES.
COUNTY FUNDS.
PEACE OFFICERS.
POLICE.
POLICE TRAINING.
SHERIFFS.
Training funds collected under Section 590.140, RSMo Supp.1988, cannot be used to pay a private business to develop personnel and jail administration policies but can be used to train department personnel on such policies.
113-89 Jul 14 BOARD OF CURATORS OF LINCOLN UNIVERSITY.
LINCOLN UNIVERSITY.
1. Section 175.020, RSMo 1986, requires that one of the nine members of the board of curators of Lincoln University be a full-time student at Lincoln University and this “student curator” is vested with the same powers, duties and responsibilities as are the other eight members of the board of curators.

2. The “student curator”, pursuant to Sections 175.020 and 175.030, RSMo 1986, receives from the ordinary revenues of the university his actual expenses for attending the meetings of the board of curators; however, the “student representative” under Section 175.021, RSMo 1986, is prohibited by subsection 6 of that section from receiving expenses.

3. The “student curator” is prohibited from entering into employment as a research assistant or departmental tutor in one of the academic departments at Lincoln University; however, there is no such prohibition in regard to the “student representative” entering into such employment.

4. The board of curators at Lincoln University consists of nine members, and no more; one of those members being the “student curator” provided for in Section 175.020, RSMo 1986.
117-89 Dec 1 Opinion letter to The Honorable Fred Dyer
123-89 Sep 6 CITIES, TOWNS AND VILLAGES.
CITY OFFICERS-OFFICIALS.
THIRD CLASS CITIES.
VACANCY.
VACANCY IN OFFICE.
The sentence in Section 77.450, RSMo 1986, providing “[t]he council shall approve the person recommended by the mayor” grants the council discretion to approve or disapprove the person recommended.
128-89 Dec 11 COUNTIES.
COUNTY OFFICERS.
COUNTY OFFICIALS.
COMPENSATION.
SHERIFFS.
A sheriff of a third class county is not entitled to receive the $1,000.00 provided by Section 57.403, RSMo 1986, in addition to his current salary.
134-89 Jul 20 Opinion letter to Roy D. Blunt
135-89 Jul 21 Opinion letter to Roy D. Blunt
136-89 Jul 26 Opinion letter to The Honorable Anthony D. Ribaudo
138-89 Aug 2 Opinion letter to Roy D. Blunt
139-89 Aug 3 Opinion letter to Roy D. Blunt
140-89 Aug 3 Opinion letter to Roy D. Blunt
142-89 Nov 13 COORDINATING BOARD OF HIGHER EDUCATION.
SCHOLARSHIPS.
STUDENT FINANCIAL ASSISTANCE PROGRAM.
UNIVERSITIES.
Medical students enrolled in the six-year program at the University of Missouri at Kansas City are eligible for benefits under the Higher Education Academic Scholarship Program authorized by Sections 173.250 to 173.252, RSMo Supp.1988, until they become graduate or professional students. Six-year medical students become graduate or professional students after completing three years of the program unless, by participating in a federal Title IV financial aid program as undergraduate students, they retain their undergraduate status for a fourth year.
148-89 Aug 17 Opinion letter to Roy D. Blunt
149-89 Aug 17 Opinion letter to Roy D. Blunt
170-89 Dec 28 Opinion letter to The Honorable Norman E. Sheldon
175-89 Dec 5 Opinion letter to The Honorable Joseph Ortwerth
184-89 Nov 28 CITIES, TOWNS AND VILLAGES.
SUNSHINE LAW.
Section 610.021(3), RSMo Supp.1988, does not authorize the governing body of a city to close a meeting when considering appointments of volunteers to citizen boards.
186-89 Dec 21 Opinion letter to The Honorable Joe McCracken
199-89 Dec 28 Opinion letter to Dr. Robert E. Bartman
 
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