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1990 Missouri Attorney General's Opinions

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1990 Missouri Attorney General's Opinions

OPINION DATE TOPIC SUMMARY
15-90 Mar 1 Cooperative agreements.
Fire protection districts.
A fire protection district is authorized to enter into a cooperative agreement with a volunteer fire association incorporated as a not-for-profit corporation.
25-90 Aug 7 Juvenile officers.
Office of Administration.
Workers' Compensation.
Juvenile officers, appointed pursuant to Section 211.351, RSMo 1986, and funded by the State of Missouri pursuant to Section 211.393, RSMo Supp. 1989, are state employees for purposes of the workers' compensation laws; - however, other juvenile court personnel are not state employees for purposes of the workers' compensation laws.
26-90 May 24 Opinion letter to Frank V. DiMaggio
28-90 Mar 29 Opinion letter to The Honorable George Dames
31-90 Apr 5 Fire hydrants.
Fire protection - Fire protection districts.
Public water supply districts.
Water lines.
A fire protection district has the power under Chapter 321, RSMo, by a properly enacted ordinance to require a public water supply district to include fire hydrants when installing water mains within the fire protection district boundaries or updating or upgrading the water mains.
33-90 Jun 11 Cities, towns and villages.
Fourth class cities.
Liquor.
1) The City of Lakeview, a fourth class city of less than five hundred inhabitants, pursuant to Section 311.090, RSMo 1986, can hold an election on the question of whether the sale of intoxicating liquor, with certain exceptions, by the drink at retail for consumption on the premises where sold shall be permitted,

2) can regulate the sale of intoxicating liquor provided the regulations are in harmony with state law and

3) is not authorized to tax intoxicating liquor except as provided in Section 311.220, RSMo 1986.
34-90 Jan 23 Cities, towns and villages.
City funds.
City parks.
Cities which levy a tax for parks pursuant to Section 90.500, RSMo 1986, may not impose an administrative service fee on the park fund for processing checks and providing accounting services for the park fund.
39-90 Oct 9 Deputy juvenile officers.
Juvenile officers.
State legal expense fund.
Deputy juvenile officers and juvenile detention facility personnel are not covered by the State Legal Expense Fund, Section 105.711, RSMo.
40-90 Apr 18 Opinion letter to The Honorable John Kauffman
41-90 Aug 27 Automobile dealer.
Bonds.
Motor vehicles.
Surety bond.
(1) Motor vehicle dealer bonds required by Section 301.560, RSMo Supp.1989, do not provide coverage for activities occurring outside the State of Missouri; and

(2) “any aggrieved party” as used in Section 301.560, RSMo Supp.1989, includes licensed motor vehicle dealers and automobile auctions as well as purchasers.
42-90 Sep 12 Board of trustees.
Fire protection district.
Incompatibility of offices.
Villages.
The same person may not simultaneously serve as a director of a fire protection district and as trustee of a village located within that fire protection district; however, an incumbent director of a fire protection district can be a candidate for the office of trustee of a village located within that fire protection district.
44-90 Oct 9 Opinion letter to The Honorable Jacqueline T. McGee
46-90 May 15 Cooperative agreements.
Police.
Political subdivisions within the State of Missouri may enter into mutual aid or cooperative agreements relating to police services with political subdivisions of another state; however, there is no authority for the Missouri political subdivision to confer police authority upon members of the law enforcement agency of the political subdivision located outside the State of Missouri except by commissioning those members.
47-90 Nov 19 Death certificates.
Department of Health.
Economic Development, Department of.
Funeral directors.
Vital statistics.
If the cause of death can be determined within seventy-two (72) hours after death, Section 193.175, RSMo 1986, requires a completed death certificate to be filed with the local registrar before a body is cremated in the State of Missouri.
50-90 Nov 19 Filing.
Recorder of deeds.
Recording.
Uniform Commercial Code.
The user fee specified in Section 59.319, RSMo Supp. 1989, should not be collected when a UCC-1 is merely filed, but such user fee should be collected when a UCC-1 is filed for record or recorded.
51-90 Apr 12 Audits.
Counties.
County auditor.
A county auditor of a first class non-charter county is not authorized to conduct an audit of a corporation organized under Chapter 355, RSMo, even if the corporation performs a public function on behalf of the county and has as a primary purpose to enter into contracts with the county and engage in activities carried out pursuant to an agreement with the county.
52-90 May 30 Counties.
Department of Mental Health.
Mental hospital.
Mental retardation.
Public administrator.
State hospitals.
State mental hospitals.
The Saline County Public Administrator is not eligible to employ a secretary under the provisions of subsection 2 of Section 473.737, RSMo Supp. 1989.
53-90 Feb 8 Constitution.
Gambling.
Lotteries.
Lottery Commission.
Additional statutory authorization is not necessary for the State Lottery Commission to formulate a lottery game where the prizes are based on the player's predictions on the outcome of professional sporting events.
54-90 Aug 14 Opinion letter to The Honorable Jean H. Mathews
56-90 Sep 28 Schools.
School districts.
Teachers.
Tuition.
Section 168.151, RSMo 1986, prohibits a school district from collecting from a teacher employed by the district tuition for a non-resident child of the teacher to attend school in the district.
58-90 Apr 10 Department of Public Safety.
Liquor.
(1) Subsection 2 of Section 311.332, RSMo Supp. 1989, does not prohibit a wholesaler of intoxicating liquor or wine containing alcohol in excess of five percent by weight from meeting lower competing prices and discounts for liquor or wine of the same brand and trade name and of like age and quality as provided in Section 311.336, RSMo 1986,

(2) the amended price schedule allowed in Section 311.336 shall be in effect for the calendar month following the amendment as provided in that section, and

(3) the lower competing price referred to in Section 311.336 is based on the filed schedule of prices and not temporary price reductions authorized by subsections 2 and 3 of Section 311.332.
61-90 Aug 10 Collector's deeds.
County collectors.
Delinquent tax sales.
Tax deeds.
Purchasers of property at third offering tax sales are entitled to receive a collector's deed without awaiting any period of redemption and are exempt from the requirements of Section 140.405, RSMo Supp.1989.
65-90 Jun 25 Cities, towns and villages.
City utilities.
Constitutional charter cities.
Waterworks.
A constitutional charter city pursuant to Section 91.600, RSMo 1986, may acquire lands by the power of eminent domain in a county other than the county where the city is situated to dam up a river to form a water reservoir as a source of water supply for the city.
67-90 Feb 7 Abortion.
Libraries.
Public funds.
Public libraries.
Section 188.205, RSMo 1986, does not prohibit libraries (whether public or private which receive public support) from cataloging, housing, or circulating abortion material.
70-90 Oct 9 Counties.
County roads.
County sales tax.
Taxation-general.
Taxation-sales tax.
Section 50.515, RSMo 1986, does not authorize a county to impose an administrative service fee on the special trust fund in which the proceeds from the capital improvements sales tax authorized by Section 67.700, RSMo 1986, are deposited even though the sales tax was adopted for purposes of road and bridge construction, repairs, and other general road and bridge purposes.
78-90 Mar 19 Grand jury.
Juries-jurors.
Public records.
Records.
Sunshine law.
The circuit clerk, prosecuting attorney and circuit judge are not required to release to the media and public the names of members of a grand jury.
80-90 May 11 Ambulance districts.
Candidates.
Election of directors.
Elections.
Pursuant to Section 190.050.1, RSMo Supp. 1989, if only one candidate files for the office of ambulance district director in an election district, the ambulance district may forego the holding of an election in that election district.
81-90 Feb 6 Opinion letter to Roy Blunt
87-90 May 30 Conflict of interest.
Legislators.
Representatives.
Scholarships.
State Universities.
Universities.
Article III, Section 12, of the Missouri Constitution does not prohibit a state representative from accepting student financial aid from a state university if no employment is required, but such section prohibits a state representative from accepting a graduate assistantship which requires employment.
88-90 Sep 17 Attorneys.
Conflict of interest.
Counties.
Nepotism.
Public administrator.
(1) It would be a violation of Article VII, Section 6 of the Missouri Constitution, the nepotism provision, for the Ray County Public Administrator to retain in her official capacity her brother-in-law who is an attorney, and

(2) it would not be a violation of Article VII, Section 6 of the Missouri Constitution or Sections 105.450 et seq., RSMo, for the public administrator to contract with an abstract corporation whose stock is wholly owned by her brother-in-law.
90-90 Mar 22 Opinion letter to The Honorable Dennis W. Smith, The Honorable B.J. Marsh and The Honorable Joe McCracken
92-90 Jul 24 Opinion letter to Charles E. Kruse
97-90 Mar 27 Meetings.
Notices.
Sunshine Law.
Article III, Section 12, of the Missouri Constitution does not prohibit a state representative from accepting student financial aid from a state university if no employment is required, but such section prohibits a state representative from accepting a graduate assistantship which requires employment.
99-90 Feb 23 Opinion letter to Roy Blunt
107-90 Mar 19 Corporation stock.
Corporations.
Stock-Corporate.
Stockholders.
Under Section 351.405, RSMo 1986, a dissenting shareholder is not entitled to receive dividends, whether the dividends are regularly scheduled or extraordinary, that are declared after the date on which the vote was taken authorizing the sale or exchange.
108-90 Jul 26 Crimes.
Criminal law.
Department of Corrections.
Hancock Amendment.
Prosecuting attorney.
Prosecution by the Dekalb County Prosecuting Attorney of correctional facility inmates who violate Missouri criminal statutes does not involve a new or increased activity or service for which state funds must be appropriated under Article X, Section 21, of the Missouri Constitution.
112-90 Jun 29 Mental Health, Department of.
State legal expense fund.
The trustees of the Missouri Family Trust Fund are entitled to coverage by the State Legal Expense Fund as provided in Section 105.711, RSMo Supp. 1989.
121-90 May 11 Opinion letter to Roy Blunt
122-90 May 11 Opinion letter to Roy Blunt
128-90 Dec 11 Opinion letter to The Honorable John F. Bass
132-90 Jun 14 Opinion letter to Roy Blunt
133-90 Nov 29 Circuit clerks.
Circuit court.
County jail.
County sales tax.
Jails.
Prosecuting attorney.
Sheriffs.
Taxation-general.
Taxation-sales tax.
A third class county may expend sales tax revenue collected pursuant to Section 67.582, RSMo Supp.1989, for a facility to house associate circuit court courtrooms, the circuit clerk's office, the county prosecuting attorney's office, the county sheriff's office, and the county jail.
135-90 Nov 13 Opinion letter to G. Tracy Mehan, III
136-90 Jul 2 Opinion letter to G. Tracy Mehan, III
139-90 Jul 3 Opinion letter to Roy Blunt
143-90 Jul 23 Conflict of interest.
Officers.
Officials.
St. Louis City.
A commissioner of the St. Louis Regional Convention and Sports Complex Authority established under Sections 67.650 through 67.658, RSMo Supp.1989, is not prohibited from serving as a member of the authority because he is employed by a securities firm submitting a proposal for underwriting bonds issued by the authority; -however, such commissioner may not participate in the process of selecting the underwriter.
150-90 Dec 11 Cities, towns and villages.
Conflict of interest.
Lobbying.
(1) The provisions of Section 105.483(8), RSMo, as enacted by Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1650 and 1565, 85th General Assembly, Second Regular Session (1990), apply to administrative boards of constitutional charter cities such as Springfield, Missouri, when such boards administer the affairs of municipal utilities and have authority to make contracts and enact rules;

(2) a city council does not have authority to designate persons subject to reporting requirements under Section 105.483(8) by virtue of the provisions of Section 105.483(7).
170-90 Oct 9 Circuit court.
State Auditor.
State agency.
The State Auditor is authorized to audit the Sixteenth Judicial Circuit pursuant to Article IV, Section 13, Missouri Constitution, and Section 29.200, RSMo 1986.
174-90 Nov 29 Opinion letter to Roy Blunt
179-90 Oct 26 St. Louis City.
State legal expense fund.
The St. Louis Regional Convention and Sports Complex Authority created under Section 67.650, et seq., RSMo Supp.1989, and its members are not covered by the State Legal Expense Fund, Section 105.711, RSMo.
193-90 Nov 29 Opinion letter to Board of Police Commissioners of Kansas City, Missouri
197-90 Nov 29 Conflict of interest.
Lobbying.
The phrase “which exceeds fifty dollars on any one occasion or instance or two hundred fifty dollars in the aggregate for any reporting period” in Section 105.470.4(2), RSMo, as enacted by Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1650 and 1565, 85th General Assembly, Second Regular Session (1990) modifies the terms “expenditure, gift, payment, line of credit or loan ... including a service or anything of value....”
198-90 Oct 9 Compensation.
Fire protection districts.
Pursuant to the provisions of Article VII, Section 13 of the Missouri Constitution, no current member of the board of directors of a fire protection district is entitled to the increase in attendance fees authorized by Section 321.190, as amended by Conference Committee Substitute for Senate Substitute for Senate Committee Substitute for House Bill No. 1395 and House Bill No. 1448, 85th General Assembly, Second Regular Session (1990), until he assumes a new term of office.
 
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