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1991 Missouri Attorney General's Opinions

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1991 Missouri Attorney General's Opinions

19-91 Mar 1 Opinion letter to The Honorable Sandra D. Kauffman and The Honorable Vernon E. Scoville, III
23-91 Aug 5 Opinion letter to The Honorable Steve Ehlmann
25-91 Apr 8 Mental Health, Department of.
Properly trained technicians, nurses' aides or their equivalent may administer non-injectable medications and insulin at community residential facilities which are licensed long-term care facilities; however, the Department of Mental Health may not adopt rules allowing

1) individuals other than nurses to administer injectable medications at community residential facilities which are licensed long-term care facilities,

2) individuals other than nurses to administer medications, either injectable or non-injectable, at community residential facilities which are not licensed long-term care facilities, or

3) individuals other than nurses to insert gastrostomy tubes, naso-gastric tubes or Foley catheters at community residential facilities, regardless of whether or not the facility is a licensed long-term care facility.
31-91 May 30 Opinion letter to The Honorable Tom McCarthy
32-91 May 15 Opinion letter to Stanley M. Thompson
35-91 Jan 28 Capitol Building grounds.
Commisioner of Administration.
Office of Administration.
State buildings.
“Buildings at the seat of government and on the grounds thereof” in Section 8.035, RSMo 1986, refers to public property of the state located in the City of Jefferson.
36-91 Nov 26 Collection of taxes.
Department of Revenue.
Lottery Commission.
Office of Administration.
The Director of the Department of Revenue is authorized to disclose confidential tax information to the following parties for the following purposes: 1) the State Lottery Commission in order to offset existing tax liabilities against lottery prizes in accordance with Section 313.321.6, RSMo Supp.1990; 2) the Office of Administration in order to offset pursuant to Section 140.855, RSMo 1986, existing tax liabilities against sums the state owes to vendors who have entered into contracts with the state; 3) private attorneys and/or professional collection agencies in order to collect pursuant to Section 140.850, RSMo 1986, taxes owed to the Director of Revenue; and 4) the "quick print" facility operated by the Office of Administration to the extent necessary for copying records.
38-91 Jul 10 Opinion letter to Donna M. White
41-91 Sep 18 Marriage license fees.
Marriage license.
Recorder of deeds.
A county recorder of deeds should charge the four dollar ($4.00) user fee provided in Section 59.319, RSMo Supp.1990, on the recording of a marriage license.
43-91 Apr 12 Department of Public Safety.
Water patrol.
A sailboard is not a “vessel” or “watercraft” as defined in Section 306.010, RSMo Supp.1990, and Section 306.100, RSMo Supp.1990, does not require a personal flotation device when using a sailboard.
44-91 Jul 5 Opinion letter to Joe Moseley
46-91 Feb 8 Ballots.
Cities, towns and villages. City elections.
City Marshal.
Term of office.
Third class cities.
The person elected city marshal on April 3, 1990, in a third class city subject to Section 77.370, RSMo Supp.1990, serves a four year term as provided in Section 77.370 despite a city ordinance stating the term shall be two years and despite a phrase on the ballot indicating the term would be two years.
51-91 Feb 26 Crimes.
Consumer credit.
Credit sales.
Retail Credit Sales Act.
Retail sales.
Truth in lending.
It is not a violation of the Missouri Retail Credit Sales Law, Sections 408.250 to 408.370, RSMo, or a violation of the Federal Truth in Lending Act for

(1) a retail establishment to offer a discount in the purchase price for payment by cash versus credit, and

(2) a retail establishment to not honor a discount for cash if the customer chooses to use credit.
53-91 Aug 5 Opinion letter to The Honorable Roger B. Wilson
55-91 May 16 Opinion letter to Richard G. Callahan
57-91 Jul 18 Ambulances.
Ambulance districts.
Emergency vehicles.
Fire protection districts.
Under Sections 321.243 and 321.245, RSMo Supp.1990, it is legally permissible for a central dispatching center to provide for the dispatching of ambulances, whether such ambulances are operated by a fire protection district or an ambulance district, and for the dispatching for law enforcement departments.
58-91 Apr 30 Cities, towns and villages.
City property.
The City of St. Peters is not required under Chapter 311, RSMo, to obtain a liquor license for its public meeting rooms which are available for events where alcoholic beverages may be served by individuals or groups other than the city at no charge to the consumer or where alcoholic beverages may be sold as part of a fundraising activity held by individuals or groups other than the city.
59-91 May 28 Cities, towns and villages.
The term “incorporated city” as used in Section 311.090, RSMo Supp.1990, includes incorporated villages.
61-91 Apr 17 Opinion letter to Richard G. Callahan
64-91 Jan 28 WITHDRAWN A nursing home district created under Sections 198.200 to 198.360, RSMo 1986, does not have the power to sell a nursing home facility it operates to a private nursing home operator in the absence of express legislative authority.
65-91 Jul 10 Opinion letter to The Honorable Margaret Kelly, CPA
66-91 Jan 2 Cities, towns and villages.
City annexation.
Water supply - water supply districts.
Section 247.170, RSMo 1986, does not provide a method whereby a county public water supply district may, upon annexation by a city owning a water supply system, require the detachment of the area annexed by the city and the assumption by the city of a proportionate part of the district's debt, without the consent and agreement of the city.
70-91 Feb 21 Cities, towns and villages.
State property.
State agencies are not required to comply with conditional use permit regulations or zoning regulations of a fourth class city in using state-owned property within the city or constructing public facilities on such property.
77-91 Mar 29 Elections.
Initiative and referendum.
Secretary of State.
(1) As required by Section 116.120, RSMo Supp.1990, and Missourians to Protect the Initiative Process v. Blunt, 799 S.W.2d 824 (Mo. banc 1990), the Secretary of State shall determine whether an initiative petition has more than one subject in violation of Article III, Section 50 of the Missouri Constitution at the time of review after signatures have been collected,

(2) in determining whether an initiative petition has multiple subjects, the Secretary of State shall be guided by the Court's discussion in Missourians to Protect the Initiative Process v. Blunt, supra, and

(3) the Secretary of State is not required by Section 116.120, RSMo Supp.1990, or by Missourians to Protect the Initiative Process v. Blunt, supra, to seek a legal opinion from the Attorney General in determining whether an initiative petition has more than one subject matter.
80-91 Mar 1 Crimes.
Criminal investigations.
Criminal procedure.
Department of Public Safety.
The installation and use of pen registers pursuant to Section 542.408.7, RSMo Supp.1990, is not limited to investigations involving controlled substances.
85-91 Feb 21 Ballots.
County elections.
Election ballots.
Initiative petition.
Initiative and referendum.
Mercer County is not authorized to conduct a nonbinding referendum on whether the voters favor a hazardous waste ash landfill and/or incinerator locating in Mercer County.
88-91 Aug 30 Compensation.
Public administrator.
A county public administrator who began a four year term of office on January 1, 1989, who receives fees of more than $15,000 but less than $25,000, and who completes the required training is entitled to $2,000 of the $4,000 additional compensation provided in Section 473.739, RSMo Supp.1990.
91-91 Oct 18 Assessments.
Cities, towns and villages.
Special assessments.
A county collector is not authorized under Section 80.480, RSMo 1986, to collect current special assessments levied by a village but is authorized under Sections 140.670 and 140.680, RSMo 1986, to collect such delinquent special assessments.
93-91 Dec 10 Chauffeur license.
Department of Revenue.
Drivers license.
Emergency vehicles.
Pursuant to Section 302.775(3), RSMo Supp.1990, individuals driving emergency vehicles or fire equipment necessary to the preservation of life or property or the execution of emergency governmental functions are exempt from obtaining commercial driver's licenses while driving such vehicles both to and from emergency situations.
101-91 Aug 26 Compensation.
Public administrator.
Those county public administrators who were eligible to receive $4,000 in additional compensation pursuant to Section 473.739 prior to the amendment of such section by Senate Bill No. 580, 85th General Assembly, Second Regular Session (1990) continue to be eligible to receive the $4,000 in additional compensation after such amendment.
102-91 Apr 8 Opinion letter to The Honorable Jerry E. McBride
103-91 Apr 12 Opinion letter to Bradford E. Ellsworth
110-91 Apr 1 Candidates.
Election of school candidates.
School boards.
School elections.
(1) If there are two positions to be filled at an election pursuant to Section 162.21991, RSMo 1986, for members of the board of a six_director school district and only one candidate has filed, a write_in candidate is not required to file a declaration of intent as provided in Section 115.453(4), RSMo 1986, for his votes to be counted; and

(2) in the circumstances described above, two undeclared write-in candidates can defeat the one candidate listed on the ballot if they receive the greater number of votes.
113-91 Nov 21 Annexation.
Military installations.
School aid.
School annexation.
Pursuant to Section 162.071, RSMo 1986, a school district may annex "unorganized territory" consisting of a Federal military installation and such annexation does not render a school district ineligible for state aid under Section 163.021, RSMo Supp.1990.
117-91 May 16 Assessors.
County records.
Property assessment.
Sunshine law.
Property record cards prepared and retained by a county assessor are public records as defined by Section 610.010(4), RSMo Supp.1990, to be made available for inspection and copying as provided in Section 610.023, RSMo Supp.1990.
120-91 Nov 21 Department of Elementary and Secondary Education.
Higher Education, Department of.
State employees.
Employees of the Department of Elementary and Secondary Education and employees of the Department of Higher Education are included within the operation of Section 36.031, RSMo Supp.1990, and are subject to the uniform classification and pay provisions in Sections 36.100, 36.110, 36.120 and 36.130, RSMo 1986, and the regulations adopted thereunder, except for

1) employees holding those positions specified in subsection 1 of Section 36.030, RSMo Supp.1990; however, attorneys regularly employed or appointed are not excepted pursuant to this exception, and

2) professional staff of the Department of Elementary and Secondary Education appointed by the State Board of Education pursuant to Article IX, Section 2(b) of the Missouri Constitution.
121-91 Dec 10 Assessors.
County budget.
A county commission of a third class county is not authorized under Section 137.720, RSMo Supp.1990, or The County Budget Law, Sections 50.525 to 50.745, RSMo 1986, to designate a portion of the funds included in the budget for the assessment fund as “contingent funds,” contingent upon the assessor, six months into the fiscal year, justifying to the county commission his need for those funds.
125-91 Sep 10 Hancock Amendment.
Political subdivisions.
The revenue-raising authority of subdivision trustees is not limited by Article X, Section 22 of the Missouri Constitution.
129-91 Aug 5 Ballots.
County elections.
County jail.
Election ballots.
1) A county commission is not authorized to conduct an advisory election on the question of whether the county jail should be expanded and public funds expended for the construction of an addition to the county jail, and

2) if such an election has been held, its result is not binding on the county commission.
136-91 Dec 30 Opinion letter to Michael W. Bradley
144-91 Dec 30 Opinion letter to Bob Oberlazek
145-91 Oct 18 Counties.
County commissioners.
Incompatibility of offices.
Levee district supervisor.
Levee districts.
The offices of supervisor of a levee district organized by the circuit court and county commissioner in the county where the levee district is located are not incompatible and one person may hold both offices at the same time.
148-91 Jun 19 Opinion letter to Roy Blunt
149-91 Jun 19 Opinion letter to Roy Blunt
150-91 Jun 24 Opinion letter to Roy Blunt
151-91 Jun 21 Opinion letter to Roy Blunt
153-91 Oct 18 Architects and Engineers.
Purchases without bids.
The proposed price or cost of services is not to be considered in determining pursuant to Section 8.289, RSMo 1986, which architectural or engineering firms are the most highly qualified, but proposed price or cost is considered at the time of negotiation of the contract pursuant to Section 8.21991, RSMo 1986.
154-91 Jun 28 Opinion letter to Roy Blunt
155-91 Jun 28 Opinion letter to Roy Blunt
160-91 Jul 10 Opinion letter to Roy Blunt
164-91 Jul 18 Opinion letter to Roy Blunt
165-91 Jul 24 Opinion letter to Roy Blunt
166-91 Jul 24 Opinion letter to Roy Blunt
168-91 Aug 5 Opinion letter to Roy Blunt
170-91 Aug 2 Opinion letter to Roy Blunt
171-91 Nov 21 Counties.
County funds.
Domestic violence.
(1) Interest earned on the monies in the special fund required by Section 455.205.3, RSMo 1986, remains with the fund; (2) counties may not use monies in the special fund required by Section 455.205.3, RSMo 1986, for purposes other than domestic violence shelters and may not borrow from the fund for other purposes; and (3) the provision in Section 455.215.3, RSMo 1986, identifying January 1 and July 1 as the dates for a designated authority to make payments to a shelter is directory, not mandatory.
172-91 Oct 11 Cities, towns and villages.
Vacancy in office.
1) Pursuant to Section 80.230, RSMo 1986, the chairman of the board of trustees of a village has no vote in filling a vacancy on the board except in case of a tie,

2) a vacancy on the board of trustees can be filled by a two-to-one vote of the remaining members, excluding the chairman,

3) pursuant to Section 80.070, RSMo 1986, a quorum of a five-member board of trustees of a village is three (3) members, and

4) pursuant to Section 80.110, RSMo 1986, three (3) members must vote to pass an ordinance regardless of any vacancy.
174-91 Aug 30 Counties.
County planning and zoning.
County zoning.
Planning and zoning.
A third class county wherein the voters approved planning and zoning on August 6, 1968 pursuant to Section 64.530, RSMo, is authorized to proceed with planning and zoning without another vote of the people absent a showing of a radical change in conditions.
177-91 Dec 10 Chauffeur license.
Department of Revenue.
Drivers license.
Employees of a utility company who occasionally drive one-ton crew cab trucks and 24,000 lb. stake bed trucks in which tools, equipment and employees are transported and who, at other times in the course of their employment, drive passenger cars or pickup trucks, may do so with only a Class F license pursuant to Sections 302.700 to 302.780, RSMo, and 12 CSR 10-24.200.
178-91 Aug 19 Compensation.
Fire protection districts.
Health insurance.
Section 321.190, RSMo Supp.1990, does not limit the amount of money which a fire protection district, established and conducting business under Chapter 321, RSMo, can expend for health insurance benefits provided to directors of the fire protection district pursuant to Section 67.150, RSMo Supp.1990.
179-91 Oct 11 Debt.
Lease purchase agreements.
Nursing home districts.
Nursing homes.
1) A nursing home district is authorized under Section 198.300, RSMo, as amended by House Bill No. 450, 86th General Assembly, First Regular Session (191991), to lease a nursing home facility within the district from a private entity and to operate such facility, and

2) where the lease provides for a term of one year with ten successive options to renew for periods of one year and upon failure to renew at the end of any lease year is terminated, such lease does not violate the debt-limitation provisions of Article VI, Section 26 of the Constitution of Missouri and does not require approval of the voters.
181-91 Sep 23 Maintenance.
Metropolitan zoological park and museum district.
In regard to an indoor swimming complex, the term “maintenance” as used in Section 184.352(9), RSMo Supp.1990, includes janitorial personnel, security personnel used to safeguard the facility and equipment, swimming pool chemicals and repair equipment, electricity to run motors and pumps, and utility costs to dehumidify and heat the indoor swimming complex.
190-91 Oct 9 Architects and engineers.
Board of architects, professional engineers and land surveyors.
Cities, towns and villages.
Public works.
A city Director of Public Works must be a licensed engineer if he engages in any of the activities listed in Section 327.181, RSMo 1986, which defines practice as a professional engineer, but state statutes do not require him to be a licensed engineer if he does not engage in any such activities.
192-91 Sep 26 Opinion letter to Roy Blunt
194-91 Nov 26 Ambulance districts.
Fire protection districts.
Qualification for office.
Section 321.017, RSMo, as enacted by Conference Committee Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 262, 86th General Assembly, First Regular Session (191991), does not apply during the current terms of fire protection district and ambulance district board members in office on August 28, 1991.
195-91 Oct 28 Natural Resources, Departmment of.
State parks.
Taxation-sales tax.
The Department of Natural Resources is not authorized to spend monies generated by the Parks and Soils Sales Tax, Article IV, Section 47(a), of the Constitution of Missouri, or monies in the State Park Earnings Fund, Section 253.090, RSMo 1986, to make payments to counties and other political subdivisions in lieu of taxes on real property acquired by the Department.
198-91 Oct 9 Opinion letter to Roy Blunt
211_91 Dec 10 WITHDRAWN Pursuant to Chapter 610, RSMo, and Hyde v. City of Columbia, 637 S.W.2d 251 (Mo.App.1982), a police incident report relating to a shooting into a residence, a business or a vehicle is a public record and is not protected from disclosure except that (1) an incident report is closed to the general public pursuant to Section 610.150, RSMo Supp.1990, to the extent of any information acquired by a law enforcement agency by way of a complaint or report of a crime made by telephone contact using the emergency number, "911", and (2) pursuant to Hyde v. City of Columbia, supra, the name and address of a victim who can identify an assailant who has not been apprehended must be deleted from an incident report before such report is made public, and information which could lead to determination of the name and address of a victim who can identify an assailant who has not been apprehended must be deleted from an incident report before such report is made public.
217-91 Dec 30 Consideration.
A promotional plan where a manufacturer of merchandise conducts a drawing of product registration cards for a prize when such cards may only be obtained by the purchase of merchandise is a lottery as the term is used in Article III, Section 39(9) of the Missouri Constitution and Section 572.010(7), RSMo 1986.
220-91 Dec 31 Annexation.
Annexation elections.
Annexation school district election.
Property tax.
School district annexation.
School elections.
A six-director school district can submit to its voters at the same election the question of annexation as provided in Section 162.441, RSMo 1986, and the question of a tax rate increase pursuant to Sections 164.021 and 164.031, RSMo 1986.
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