1986 MISSOURI ATTORNEY GENERAL'S OPINIONS

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Opinion Date Topic Summary
1-86 Dec 3 Opinion letter to Dick D. Moore
2-86 Jan 6 BONDS.
GENERAL OBLIGATION BONDS.
INTEREST.
POLITICAL SUBDIVISIONS.
STATE AUDITOR.
The sentence, “The sale shall be a public sale unless the issuing jurisdiction adopts a resolution setting forth clear justification why the sale should be a private sale except that private activity bonds may be sold either at public or private sale.”, in Section 108.170.1 of House Committee Substitute for Senate Bill No. 140, Eighty-Third General Assembly, First Regular Session, applies only to the sales of bonds of housing authorities created under Section 99.040, RSMo.
5-86 Feb 4 Opinion letter to Honorable Anthony D. Ribaudo
6-86 Jan 17 Opinion letter to Arthur L. Mallory, Ph.D.
7-86 Jan 17 Opinion letter to The Honorable James R. Strong
8-86 Mar 12 Opinion letter to Major-General Charles M. Kiefner
9-86 Jan 17 Opinion letter to The Honorable Jan Martinette
10-86 Mar 28 Opinion letter to The Honorable Dennis Smith
14-86 Mar 12 Opinion letter to The Honorable Marvin E. Proffer
16-86 Feb 21 Opinion letter to Michael L. Midyett
18-86 Mar 12 Opinion letter to The Honorable Mike Lybyer
19-86 Feb 11 Opinion letter to The Honorable Roy Blunt
20-86 Mar 12 Opinion letter to The Honorable Weldon W. Perry, Jr.
21-86 Apr 11 Opinion letter to The Honorable James R. Strong
23-86 Apr 25 Opinion letter to Charles E. Kruse
24-86 Apr 28 Opinion letter to Richard Rice
25-86 Apr 28 Opinion letter to The Honorable Douglas Harpool
27-86 Withdrawn
28-86 Apr 28 CONTRACTS.
COOPERATIVE AGREEMENTS.
COUNTIES.
Counties may cooperate with each other to jointly purchase metal culverts, connecting bands and grader blades, which are to be used for the individual needs of such counties; counties may solicit bids for their combined purchasing requirements of metal culverts, connecting bands and grader blades and purchase from the lowest and best bidder without individually inviting bids and comparing the bids from the individual invitation to those received from the combined bidding process; and, a combined competitive bidding procedure which allows the participating counties to decide what to invite bids on in regard to their own individual needs and allows them to accept or reject the bids received does not involve the improper delegation of the counties' executive duties.
30-86 June 24 Opinion letter to The Honorable Karen McCarthy
32-86 Mar 31 Opinion letter to The Honorable Lester Patterson
34-86 Mar 31 Opinion letter to The Honorable John T. Russell
41-86 Mar 10 Opinion letter to The Honorable Chris Kelly
42-86 Apr 1 Opinion letter to Weldon W. Perry, Jr.
43-86 Mar 20 Opinion letter to The Honorable Roy D. Blunt
44-86 Mar 20 Opinion letter to The Honorable Roy D. Blunt
45-86 Sept 10 Opinion letter to The Honorable Edwin L. Dirck
48-86 Apr 1 Opinion letter to The Honorable Rex R. Wyrick
49-86 Apr 28 Opinion letter to The Honorable Donald McQuitty
52-86     Withdrawn
54-86 Apr 1 Opinion letter to The Honorable Roy D. Blunt
55-86 Apr 1 Opinion letter to The Honorable Roy D. Blunt
59-86 Apr 28 Opinion letter to The Honorable James R. Strong
62-86 Apr 3   Opinion letter to John A. Pelzer
63-86 Apr 28 Opinion letter to John A. Pelzer
64-86 Apr 25 Opinion letter to Albert A. Riederer
66-86 July 30 COUNTY HEALTH CENTERS.
POLITICAL SUBDIVISIONS.
THIRD CLASS CITIES.
TAXATION-PROPERTY.
TAXATION-RATE.
TAX RATE ROLLBACK.
The political subdivisions and taxing authorities in question may impose property tax rates up to the maximums discussed herein.
69-86 Apr 25 Opinion letter to Douglas Abele
72-86 June 4 Opinion letter to The Honorable Mark A. Youngdahl
74-86 July 28 Opinion letter to Charles E. Kruse
77-86     Withdrawn
78-86 July 28 Opinion letter to The Honorable Patrick J. Hickey
82-86 Aug 19 BANKS.
SECRETARY OF STATE.
SECURITIES.
(1) Section 362.105.1(13), as enacted by House Bill No. 1207, Eighty-Third General Assembly, Second Regular Session, requires the licensing and registration of bank personnel engaged in selling shares of mutual funds established and maintained by the bank;

(2) Section 362.105.1(13), as enacted by House Bill No. 1207, Eighty-Third General Assembly, Second Regular Session, requires banks which establish one or more mutual funds and offer to sell shares of such mutual funds to register as a broker-dealer with the office of the Commissioner of Securities, to consent to supervision and inspection by that office, and to subject themselves to the continuing jurisdiction of the Commissioner of Securities; and

(3) Section 362.105.1(13), as enacted by House Bill No. 1207, Eighty-Third General Assembly, Second Regular Session, does not affect the ability of the Commissioner of Securities to enforce his interpretation of Chapter 409, RSMo, requiring bank sales personnel who engage in activities other than ministerial duties in connection with the purchase and sale of investment securities to be registered as agents of a registered broker-dealer.
87-86 Sept 4 Opinion letter to Joseph J. O'Hara
88-86 June 24 Opinion letter to Mary-Jean Hackwood
89-86 Aug 19 CITIES, TOWNS AND VILLAGES.
LIQUOR CONTROL.
OBSCENE PUBLICATIONS.
PORNOGRAPHY.
Section 573.080, RSMo Supp. 1984, (1) does not preempt a municipality from enacting an ordinance regulating the location of adult-oriented bookstores, movie houses, and other businesses which deal in explicit sexual material by means of zoning regulations, (2) preempts a municipality from enacting an ordinance regulating the display of explicit sexual material and material depicting nudity, including bare female breasts, when such material is displayed within the premises of a business establishment in such a fashion as to be visible to minors who enter into the premises, but such material is not otherwise visible from a street, highway, or public sidewalk, or from the property of others, except to the extent such ordinance is in accordance with the provisions of Section 573.040, RSMo 1978, (3) preempts a municipality from enacting an ordinance automatically revoking or suspending the business license of, or leading to the refusal to issue a business license to, one who has been convicted of a state-law violation under Chapter 573, RSMo, (4) does not preempt a municipality from enacting an ordinance regulating alcoholic beverages which has as an effect the regulation of nude dancing by performers, and (5) preempts a municipality from enacting an ordinance regulating the public display of explicit sexual material by means of adopting in its entirety the language of Section 573.010(2), RSMo Supp. 1985, defining the term “displays publicly” and by adding thereto the additional language, “or from any portion of the person's store, or the exhibitor's store or property when items and merchandise other than this material are offered for sale to the public”.
91-86 Jan 17 Opinion letter to Carl M. Koupal, Jr.
92-86     Withdrawn
93-86 Aug 21 GOLF CARTS.
MOTOR VEHICLES.
Golf carts do not have to be registered under Section 301.020, as enacted by House Committee Substitute for House Bills Nos. 1367 and 1573, Eighty-Third General Assembly, Second Regular Session.
98-86 Sept 12 DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION.
SCHOOL FOUNDATION LAW.
SCHOOLS.
TAX RATE ROLLBACK.
“Tax rates levied” for purposes of the School Aid Formula are the school district's tax rates prior to the annual Proposition C tax rate adjustment.
104-86 Sept 2 SOIL AND WATER CONSERVATION DISTRICTS AND SUBDISTRICTS.
TAXATION-GENERAL.
PROPERTY TAX.
Tax revenues derived from subsection 2 of Section 278.250, RSMo 1978, may be used to acquire real and personal property and rights-of-way if the sole purpose in acquiring such is for the construction of present or future works of improvement otherwise authorized by the language of the statute.
108-86 Sept 2 COUNTY CLERK.
COUNTY TREASURER.
A deputy county clerk is eligible to be county treasurer under Section 54.040, RSMo 1978, if the deputy county clerk resigns his or her position as deputy prior to the general election.
111-86 Sept 2 COUNTIES.
TAXATION-GENERAL.
TAXATION-PROPERTY.
TAXATION-TAX RATE.
A deputy county clerk is eligible to be county treasurer under Section 54.040, RSMo 1978, if the deputy county clerk resigns his or her position as deputy prior to the general election.
112-86 Oct 20  DRIVING WHILE INTOXICATED.
JURISDICTION.
JUVENILES.
TRAFFIC OFFENSES.
A sixteen- year-old juvenile arrested for a first offense of driving while intoxicated (Section 577.010, RSMo Supp. 1984 ) is not within the exclusive original jurisdiction of the juvenile court because a first offense of driving while intoxicated is a state traffic ordinance or regulation, the violation of which does not constitute a felony.
115-86 Oct 20 APPOINTIVE OFFICERS.
ECONOMIC DEVELOPMENT, DEPARTMENT OF.      PROFESSIONAL REGISTRATION, DIVISION OF.
STATE OFFICERS.
TERMS OF OFFICE.
The positions of public members on licensing boards within the Division of Professional Registration continue in existence and the terms for public members appointed to such boards are as set forth in the specific enabling statutes for each board. Those members appointed as public members serve in that capacity until their successors are appointed.
118-86 Sept 29 Opinion letter to The Honorable John Scott
121-86 Dec 3 Opinion letter to Carl M. Koupal, Jr.
122-86 Nov 14 Opinion letter to James R. Moody
124-86     Withdrawn
125-86 Dec 3 ECONOMIC DEVELOPMENT, DEPARTMENT OF.
PROFESSIONAL REGISTRATION, DIVISION OF
ACCOUNTANTS.
The Missouri State Board of Accountancy is authorized to commence a positive enforcement program, including the requirement that a licensee submit with the annual registration application samples of financial reports prepared by the licensee.
126-86 Nov 14 Opinion letter to John Jacobs
129-86 Dec 3 COUNTIES.
COUNTY CLASSIFICATION.
Saline County will remain a second class county on January 1, 1987.
133-86 Dec 11 BALLOTS.
CONSTITUTIONAL LAW.
FIRE PROTECTION DISTRICTS.
HANCOCK AMENDMENT.
TAXATION-TAX RATE.
1. The initial levy of 30 cents per $100 of assessed valuation for a fire protection district must be submitted to the voters as required by Article X, Section 22, of the Missouri Constitution, the Hancock Amendment.

2. The levy question may be submitted to the voters on the same ballot as the incorporation of the fire protection district and the election of the first board of directors.

3. The ballot proposition for the levy may be set forth in general terms such as: Shall the board of directors of the ____________ fire protection district be authorized to levy a tax rate of not more than 30 cents per $100 assessed valuation to provide funds for the support of the district?