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2003 Missouri Attorney General's Opinions

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2003 Missouri Attorney General's Opinions

OPINION DATE TOPIC SUMMARY
15-2003 Jan 31 Board for Architects, Professional Engineers, Professional Land Surveyors and Landscape Architects.
Land surveyors.
Recorder of deeds.
A recorder of deeds shall accept for recordation land surveys prepared by a registered land surveyor that has either an embossed seal or a rubber stamp of the surveyor's seal.
32-2003 Jan 31 Animals.
Municipalities.
Wildlife.
Municipal animal pounds are only authorized to impound or harbor dogs and cats. Decompression is not a recommended method of euthanasia by the American Veterinary Medical Association's Panel on Euthanasia. Therefore, a municipal animal pound is not authorized to use a decompression chamber to euthanize wildlife.
37-2003 Feb 3 Juvenile court.
Juveniles.
Sunshine Law.
All identifiable information regarding a juvenile in records of a juvenile court proceeding must be kept confidential unless the specific instances set forth in Section 211.321 are met.
51-2003 Jan 31 Competitive bidding.
County.
County commission.
Jail.
Sheriff.
Contracts subject to the provisions of Section 50.660, RSMo 2000, that are not let pursuant to those provisions are unenforceable against the county; however, the provider of the supplies, materials, or equipment has a cause of action for those obligations against the bond of the public official who acquired the supplies, materials, or equipment.
58-2003 Apr 23 Privacy.
Secretary of state.
Sunshine law.
There is no conflict between the provisions of Chapter 355, RSMo, requiring the release of addresses of members of not-for-profit corporations and the Federal Privacy Act.
63-2003 Jan 7 Fire protection districts.
First class counties.
Directors of some first class counties may hold a lucrative office or be employed by the state or a political subdivision while serving as a director.
88-2003 Jan 27 Initiative petition. Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to the amending of Chapter 386 by modifying Section 386.887, the Consumer Clean Energy Act.
90-2003 Jan 30 Appropriations.
Board of Public Buildings.
Bonds.
General obligation bonds.
The Missouri Constitution prohibits the Board of Public Buildings from issuing general obligation bonds without complying with the provisions of Article III, Section 37 of the Missouri Constitution, which require a vote of the people if the liability involved exceeds $1 million. Indeed, Sections 8.500, et seq., do not purport to authorize the board to issue a general obligation bond for the liability of the state. But the board may issue bonds payable from the state's share of tobacco settlement proceeds and from money appropriated by the General Assembly without having those bonds constitute general obligation bonds for the liability of the state and thus without making any vote of the people necessary.
93-2003 Jul 14 Counties.
First Class Counties.
Special Road and Bridge Tax.
First class counties not having a charter form of government must expend not less than 25 percent of the moneys deposited in the special road and bridge fund that accrue to that fund from cities, towns, and villages for the repair and improvement of existing roads, streets, and bridges within such cities, towns, or villages.
96-2003 Feb 14 Initiative petition.
Initiative.
Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo 2000, for an initiative petition relating to the Consumer Clean Energy Act #2.
98-2003 Feb 14 Initiative petition.
Initiative.
Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, concerning the initiative petition proposal relating to the Consumer Clean Energy Act #2.
104-2003 Jul 17 City of St. Louis.
Retirement.
A retirement plan for the city of St. Louis may discharge its responsibilities under Section 70.795 by supplying a retiree organization with the plan's retired members' names and addresses.
107-2003 Nov 6 Hancock Amendment.
Increase in tax levy.
Levy.
Rate of levy.
Vote to increase tax levy.
The 24-cent tax rate increase approved by the voters of the Special School District of St.Louis County in November 2000 should be added to the tax rate ceiling that was applicable for the date of that election to determine the District's new tax rate ceiling pursuant to Section 137.073.5(2), RSMo. Assuming that Section 137.073 had been properly applied to determine the District's tax rate ceiling to that point in time, the new tax rate ceiling calculated in that fashion would also be the District's new maximum levy permitted by Article X, Section 22(a) of the Missouri Constitution.
125-2003 Jun 20 Initiative petition.
Initiative.
Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition to amend Article III of the Missouri Constitution by adding a new section relating to gamling on floating facilities on the White River in Rockaway Beach, Missouri.
126-2003 Nov 6 Election laws.
Sunshine Law.
Voters.
An election authority may not close records compiling voter registration information described in Section 115.157, RSMo Cum. Supp. 2002, in response to a newspaper's request for such records on the basis that they would be used for "commercial purposes" as that term is used in Section 115.158, RSMo 2000, or Section 115.158 as amended by Conference Committee Substitute for Senate Substitute for Senate Committee Substitute for House Substitute for House Bill No. 511, 92nd General Assembly, First Regular Session (2003), where the newspaper has represented that it will not use the information for commercial purposes but instead will use it for fact-checking. The election authority must provide such records in CD-ROM format if so requested and if it has the capability to do so.
127-2003 Jul 10 Initiative petition.
Initiative.
Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, concerning the initiative petition proposal relating to a constitutional amendment for floating gambling facilities on the White River in Rockaway Beach, Missouri.
128-2003 Jul 11 Initiative petition.
Initiative.
Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo 2000, regarding a proposed initiative petition relating to gambling on floating facilities on the White River in Rockaway Beach, Missouri.
132-2003 Nov 6 Workers' compensation. Missouri law does not prohibit an employer from agreeing to allow its employees who sustain occupational injuries or illnesses from selecting physicians of their own choice or from agreement to pay for such physicians.
136-2003 Nov 6 Department of Economic Development.
Missouri Development Finance Board.
Missouri Downtown and Rural Economic Stimulus Act.
Tax Increment Financing.
The provision of the Missouri Downtown and Rural Economic Stimulus Act (MODRESA) to be codified at Section 99.960.8, RSMo, does not preclude a project that has been designated as a redevelopment project under the Real Property Tax Increment Allocation Redevelopment Act, Sections 99.800 et seq., RSMo 2000 (the TIF statute), and is receiving funding through "payments in lieu of taxes" and "economic activity taxes" under that statute, from subsequently being approved for state supplemental downtown development financing under MODRESA. Whether another provision of MODRESA would preclude such a combination of financing would depend on the circumstances.
143-2003 Nov 6 Sunshine Law. (1) A citizen's advisory committee established by a city to make recommendations concerning city policy, such as a city's municipal land use plan, is a public governmental body and, therefore, must keep a journal or minutes of its meetings, keep a record of its votes, and make its meetings and records open to the public, unless a provision of law specifically allows for a meeting or record to be closed.
(2) If a member of the committee or a city staffer generates a communication concerning the subject of the committee's work to a consultant, and if there is a record of that communication, that record is a "public record" within the meaning of the Sunshine Law.
(3) If the original of such a record is given to a consultant and a copy is not kept, it remains a public record, with the consultant holding the record as the public governmental body's agent; the body's custodian of records is responsible for retrieving the record in response to a request for public access to it.
148-2003 Dec 11 Candidacy filing.
Election districts.
The exception in Section 115.127.5, RSMo. Supp. 2003, requiring a special district or political subdivision "located" in a home rule city with more than four hundred thousand inhabitants to have an opening filing date of the fifteenth day before an election applies to any special district or political subdivision, including a school district, which has any part of its boundaries within the city limits of Kansas City, Missouri.
151-2003 Nov 25 Initiative petition.
Initiative.
Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to the proposed educa tion and health care protection amendment to the Missouri Constitution (version 1).
154-2003 Nov 25 Initiative petition.
Initiative.
Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to the proposed education and health care protection amendment to the Missouri Constitution (version 2).
155-2003 Dec 1 Initiative petition.
Initiative.
Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of a statutory initiative petition relating to a proposed education and health care protection act (version 2).
157-2003 Dec 9 Initiative petition.
Initiative.
Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo 2000, regarding a proposed initiative petition relating to the Education and Health Care Protection Amendment (constitutional version #1).
158-2003 Dec 9 Initiative petition.
Initiative.
Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo 2000, regarding a proposed initiative petition relating to the Education and Health Care Protection Amendment (constitutional version #2).
159-2003 Dec 9 Initiative petition.
Initiative.
Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo 2000, regarding a proposed initiative petition relating to the Education and Health Care Protection Amendment (statutory version #2).
160-2003 Dec 9 Initiative petition.
Initiative.
Review and rejection of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, concerning a proposed initiative petition relating to the Education and Health Care Protection Amendment (constitutional version #1) on the ground that it contains 51 words, excluding articles.
161-2003 Dec 9 Initiative petition.
Initiative.
Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, concerning a proposed initiative petition relating to the Education and Health Care Protection Amendment (constitutional version #1).
162-2003 Dec 19 Initiative petition.
Initiative.
Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to the proposed education and health care protection amendment to the Missouri Constitution (version #3).
163-2003 Dec 19 Initiative petition.
Initiative.
Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, concerning the initiative petition proposal relating to the Education and Health Care Protection Amendment (constitutional version #2).
164-2003 Dec 23 Initiative petition.
Initiative.
Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, concerning the initiative petition proposal relating to the Education and Health Care Protection Amendment (statutory version #2).
167-2003 Jan 8
2004
Initiative petition.
Initiative.
Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, concerning the initiative petition proposal relating to the Education and Health Care Protection Amendment (constitutional version 3).
 
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