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1996 Missouri Attorney General's Opinions

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1996 Missouri Attorney General's Opinions

OPINION DATE TOPIC SUMMARY
40-96 Jan 26 County classification.
County officers.
County Treasurers.
Term of office.
Under 48.053, RSMo 1994, when a county changes from third-class to second-class on the same date as the county treasurer's term of office begins, that term is for two years, and subsequent terms are for four years.
53-96 Feb 14 Housing authority.
Insurance.
Political subdivisions.
An association of Missouri housing authorities formed under 537.620, RSMo 1994, to self-insure their risks may not contract to assume risks of other than Missouri political subdivisions which are members.
55-96 Feb 1 Ambulance districts.
Conflict of interest.
Fire protection districts.
Section 321.017, RSMo 1994, prohibits an employee of any fire protection district formed under chapter 321, RSMo 1994, or any ambulance district formed under chapter 190, RSMo 1994, from serving on the board of any fire protection or ambulance district which has full time paid employees.
78-96 Jan 24 Assessors.
Counties.
County Commissioners.
Penalties.
Personal property assessment.
Personal property tax.
A county commissioner of a third-class county has no authority to waive penalties for a taxpayer's failure to timely file a personal property list with the assessor as required by Section 137.280, RSMo 1994.
80-96 Jan 24 Cities, towns and villages.
Fourth class cities.
No provision of the Clean Indoor Air Act, sections 191.765 through 191.777, RSMo 1994, prohibits a fourth-class city from enacting a more stringent ordinance that regulates smoking. However, any such ordinance must not attempt to permit what that Act prohibits or prohibit what that Act permits.
85-96 Jan 25 Circuit clerks.
County classification.
County officers.
County Recorders.
When a second-class county which has combined offices of circuit clerk and recorder is reclassified as a first-class county, the combined offices separate automatically by operation of law.
86-96 Feb 8 Benefits.
Retirement.
Sheriffs.
The surviving spouse of a county sheriff killed in the line of duty is entitled to the benefits of both 57.967.5 and 57.980.2, RSMo 1994.
88-96 Feb 7 County funds.
County sales tax.
County Treasurer.
Emergencies.
Telephone.
The board created under 190.335, RSMo 1994, to administer a county's central dispatch of emergency services has no authority to appoint or elect from its members a treasurer to disburse funds received from the special sales tax that 190.335, RSMo 1994, authorizes the county to impose.
89-96 Feb 5 Concealed weapons.
Police.
Certified, commissioned, police officers do not violate 571.030, RSMo Supp. 1995, by carrying concealed weapons outside of their jurisdictions so long as the officers are performing official law enforcement business. However, they are subject to 571.030 while outside their jurisdictions on other than official law enforcement business.
90-96 Feb 2 Ambulance districts.
Bidding.
Competitive bidding.
Purchases.
Section 50.660, RSMo Supp. 1995, does not impose competitive bidding requirements on ambulance districts; however, the fiduciary role of public officers requires that ambulance district directors follow purchasing procedures which reflect prudence, caution and attention in the management of the public assets under their control.
95-96 Feb 13 Nonresidents.
Schools.
Tuition.
Section 167.151.1, RSMo 1994, authorizes a school board, in its discretion, to admit nonresidents of Missouri, and to prescribe the tuition those nonresidents must pay to attend its schools.
98-96 Jul 5 Cities, towns and villages.
City property.
Constitutional law.
Conveyance of property — real estate.
Fourth class cities.
Museums.
Public buildings.
The conveyance of property for nominal consideration from a fourth class city to a not-for-profit corporation for the purpose of establishing a historical museum would violate Article VI, Sections 23 and 25 of the Missouri Constitution.
101-96 Jan 31 Donations.
Port authority.
A not for profit corporation may be organized under Chapter 355, RSMo 1994, to solicit donations on behalf of a port authority established under Chapter 68, RSMo 1994, and the port authority may accept those donations.
102-96 Feb 14 Adult abuse.
Court costs.
County funds.
Section 455.027.1, RSMo 1994, prohibiting courts from charging adult abuse or stalking victims an advance filing fee or bond when they file petitions for protection, may cause counties to initially incur, under 476.270, RSMo 1994, certain personal service expenses for those cases. However, 476.270 imposes no duty on counties to advance court filing fees as those fees are not the court's expenditures.
106-96 Jan 12 City records.
Fourth class city.
Mayor.
Records.
Sunshine law.
The mayor of a fourth class city has the authority under Section 610.120, RSMo 1994, to look at records pertaining to cases closed under Section 610.105, RSMo 1994, for the purpose of reviewing the job performance of the appointed city prosecutor.
107-96 Jan 29 Arrest.
Peace officers.
A member of a multijurisdictional enforcement group (MEG) may, under 195.505.2, RSMo 1994, make an arrest anywhere in Missouri so long as the arrest is within the scope of the group's investigation and proper notice is given to the local authorities. The member may make such arrest notwithstanding that the member fails to meet peace officer certification standards in the jurisdiction of the arrest.
113-96 Jan 22 Compensation.
Counties.
Prosecuting Attorney.
Term of office.
Pursuant to Section 105.050, RSMo 1994, the next election for Washington County Prosecuting Attorney will be in November 1998, and the Washington County Prosecuting Attorney is not entitled to the increase in compensation provided by Conference Committee Substitute for Senate Committee Substitute for House Bill 424, 88th General Assembly, First Regular Session (1995) during the current term of office.
115-96 Aug 23 Boarding prisoners.
City prisoners.
County jail.
Fourth class cities.
Jails.
Prisoners.
Pursuant to Section 221.070, RSMo 1994, a person committed to the county jail by lawful authority for a municipal ordinance violation, if convicted of the municipal ordinance violation, is liable to the municipality for the costs of incarceration.
121-96 Jan 17 Initiatives.  
122-96 Jan 16 Initiatives.  
123-96 Jan 16 Initiatives.  
124-96 Jan 16 Initiatives.  
125-96 Jan 16 Initiatives.  
126-96 Jan 16 Initiatives.  
127-96 Jan 16 Initiatives.  
128-96 Jan 16 Initiatives.  
129-96 Jan 16 Initiatives.  
130-96 Jan 16 Initiatives.  
131-96 Jan 16 Initiatives.  
132-96 Jan 16 Initiatives.  
133-96 Jan 16 Initiatives.  
134-96 Jan 16 Initiatives.  
135-96 Jan 16 Initiatives.  
136-96 Jan 16 Initiatives.  
137-96 Jan 16 Initiatives.  
139-96 Jan 29 Dissolution of special road districts.
Road districts.
A special road district organized under 233.320 et seq., RSMo 1994, may not give away its revenues. Further, those districts may dissolve only in accordance with 233.425.
142-96 Jan 29 Initiatives.  
143-96 Jan 29 Initiatives.  
145-96 Jun 5 Schools.
Teachers.
Teachers' certificates.
A parent educator employed in the parent education program authorized under Sections 178.691 to 178.699, RSMo 1994, is not subject to the minimum teacher's salary requirement of Section 163.172, RSMo 1994, even if the parent educator holds a valid teaching certificate.
146-96 Feb 16 Initiatives.  
147-96 Feb 16 Initiatives.  
148-96 Feb 26 Initiatives.  
149-96 Feb 26 Initiatives.  
150-96 Feb 26 Initiatives.  
151-96 Feb 26 Initiatives.  
152-96 Feb 26 Initiatives.  
153-96 Feb 26 Initiatives.  
154-96 Feb 26 Initiatives.  
155-96 Feb 26 Initiatives.  
156-96 Feb 26 Initiatives.  
157-96 Feb 26 Initiatives.  
158-96 Feb 26 Initiatives.  
159-96 Feb 26 Initiatives.  
160-96 Feb 26 Initiatives.  
161-96 Feb 26 Initiatives.  
162-96 Feb 26 Initiatives.  
163-96 Feb 26 Initiatives.  
167-96 Jul 26 Conflict of Interest.
Schools.
School Contracts.
School district employees.
An employee of a six-director school district located in a second, third or fourth class county does not violate Section 171.181, RSMo 1994, in selling commodities to the school district if the sale of such commodities does not violate Sections 105.450 to 105.458, RSMo 1994.
169-96 Mar 1 Initiatives.  
170-96 Mar 1 Initiatives.  
171-96 Mar 1 Initiatives.  
172-96 Mar 1 Initiatives.  
174-96 Jul 15 Concealed weapons.
Firearms.
Pawnbrokers.
A person who pawns his concealable firearm is not required by Section 571.080, RSMo 1994, to obtain a permit to acquire a concealable firearm in order to redeem his concealable firearm from the pawnshop.
175-96 Mar 5 Initiatives.  
176-96 Mar 13 Initiatives.  
177-96 Mar 13 Initiatives.  
178-96 Mar 13 Initiatives.  
179-96 Mar 20 Initiatives.  
183-96 Mar 29 Initiatives.  
188-96 May 7 Bonds.
Department of Elementary and Secondary Education.
Health and educational facilities authority.
School bonds.
Schools.
(1) The effective date of Senate Bill No. 301, 88th General Assembly, First Regular Session (1995) is June 27, 1995,
(2) grants authorized by Sections 360.111 to 360.118, RSMo Supp. 1995, are not available for new money bonds issued before June 27, 1995,
(3) grants paid pursuant to Sections 360.111 to 360.118, RSMo Supp. 1995, should be paid after the end of the state fiscal year,
(4) if there is inadequate funding to pay all grants authorized for new money bonds in a fiscal year, Sections 360.111 to 360.118, RSMo Supp. 1995, allow grants to be distributed proportionately among recipients of grants for new money bonds,
(5) if there are adequate funds to pay all grants authorized for new money bonds in a fiscal year, the remaining funds should be used to pay grants authorized for refunding bonds, and
(6) grants authorized in a prior year which were not paid, in whole or in part, because of inadequate funds are not to be paid from funds available in a subsequent year.
190-96 Apr 9 Concealed weapons. Section 506.145, RSMo 1994, does not permit all persons over the age of 18 years to carry a concealed firearm.
196-96 Apr 29 Initiatives.  
199-96 May 17 Initiatives.  
200-96 May 24 Initiatives.  
203-96 Jun 6 Initiatives.  
207-96 Jun 24 Initiatives.  
208-96 Jun 24 Initiatives.  
213-96 Jul 1 Initiatives.  
214-96 Jul 1 Initiatives.  
218-96 Jul 24 Cosmetologist.
Cosmetology, Board of.
Professional Registration, Division of.
Rules and regulations.
Chapter 329, RSMo, and 4 CSR 90-2.010(5)(D) require actual, documented school attendance in the minimum number of hours specified by statute before cosmetology students can be licensed.
 
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