1993 MISSOURI ATTORNEY GENERAL'S OPINIONS

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Opinion Date Topic Summary
40-93 July 26 COUNTIES.
COUNTY ZONING.
LEVEE DISTRICTS.
ZONING.
The provisions of Section 49.600.4, RSMo Supp.1992, and Section 64.001, RSMo Supp.1992, as enacted by House Bill No. 72, 86th General Assembly, First Regular Session (1991), apply to all levee districts organized pursuant to Chapter 245, RSMo, even those levee districts organized prior to March 4, 1991, the effective date of House Bill No. 72.
52-93 July 14 Letter to The Honorable S. Sue Shear.
59-93 May 14 Letter to The Honorable Steve Ehlmann.
68-93 May 5 DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION.
SCHOOLS.
SCHOOL RECORDS.
SUNSHINE LAW.
Under the facts presented, average Missouri Mastery and Achievement Test (MMAT) scores for each individual grade of each elementary school building within a school district are public records which are open to the public for inspection and copying.
73-93 Feb 10 INITIATIVES. Review and approval pursuant to Sections 116.332 and 116.334, RSMo 1986, of the sufficiency as to form of an initiative petition relating to the amendment of the Missouri Constitution by adding a new article concerning discrimination.
74-93 Apr 9 Letter to The Honorable Nancy Farmer.
80-93 Apr 27 CONCEALED WEAPONS.
COUNTY RECORDS.
FIREARMS.
RECORDS.
SHERIFFS.
SUNSHINE LAW.
WEAPONS.
Records relating to permits to acquire a concealable firearm retained by a county sheriff as required by Section 571.090.5, RSMo Supp. 1992, are public records open to inspection pursuant to Section 109.180, RSMo 1986, and Section 610.023, RSMo Supp. 1992.
85-93 Mar 2 INITIATIVES. Review and approval pursuant to Section 116.334, RSMo 1986, of the sufficiency as to form of a summary statement regarding an initiative petition relating to the amendment of the Missouri Constitution by adding a new article concerning discrimination. 
110-93 Sept 30 CONSTITUTION.
POLITICAL SUBDIVISIONS.
PORT AUTHORITY.
Article VI, Section 23 of the Missouri Constitution does not prohibit a port authority organized under Chapter 68, RSMo, from owning all of the stock of a corporation which operates a railroad consistent with the statutory powers of a port authority.
112-93 Aug 24 SCHOLARSHIPS.
SCHOOLS.
STUDENT FINANCIAL ASSISTANCE PROGRAM.
STUDENTS.
Students who are home-schooled under Section 167.031, RSMo Supp. 1992, and students who receive a certificate of high school equivalency under Sections 161.093 and 161.094, RSMo 1986, are not precluded from receiving a scholarship under the Higher Education Academic Scholarship Program authorized by Section 173.250, RSMo Supp. 1992.
114-93 May 18 RULES AND REGULATIONS.
ST. LOUIS BOARD OF POLICE COMMISSIONERS.
TERM OF OFFICE.
The St. Louis Board of Police Commissioners has no authority to provide by rule for the president and vice president of the board to have two year terms of office.
122-93 Aug 27 CITY JUDGES.
JUDGES.
QUALIFICATIONS FOR OFFICE.
QUALIFICATIONS.
Section 479.020.7, RSMo, as amended by Conference Committee Substitute for House Substitute No. 2 for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 88, 87th General Assembly, First Regular Session (1993) prohibits a municipal judge in a fourth class city who has reached his seventieth (70th) birthday from continuing to serve after the effective date of such bill, August 28, 1993.
127-93 July 7 INITIATIVES. Review and rejection pursuant to Sections 116.332 and 116.334, RSMo 1986, of the sufficiency as to form of an initiative petition relating to the amendment of the Missouri Constitution by adding a new article prohibiting special privilege laws based on sexual orientation.
128-93 Dec 14 NATURAL RESOURCES, DEPARTMENT OF.
SOLID WASTES.
A city or county authorized by subsection 2 of Section 260.215, RSMo Supp. 1992, to adopt ordinances or orders, rules, regulations, or standards for the storage, collection, transportation, processing or disposal of solid wastes is authorized to adopt ordinances or orders that require the recycling of certain solid wastes.
129-93 July 12 INITIATIVES. Review and approval pursuant to Sections 116.332 and 116.334, RSMo 1986, of the sufficiency as to form of an initiative petition relating to the amendment of Chapter 130, RSMo, and specifically the enactment of five new sections to be known as Sections 130.100, 130.110, 130.120, 130.130 and 130.135.
136-93 Nov 10 Letter to Robert D. Schollmeyer.
137-93 July 26 BALLOTS.
REFERENDUM.
Review and rejection pursuant to Sections 116.332 and 116.334, RSMo 1986, of the sufficiency as to form of a referendum petition relating to Senate Bill No. 380, 87th General Assembly, First Regular Session.
140-93 Sept 9 CONFLICT OF INTEREST.
MISSOURI ETHICS COMMISSION.
1) Pursuant to Section 105.454(5), RSMo Supp. 1992, an elected or appointed official or employee of the state serving in an executive or administrative capacity may not perform any service for consideration, during one year after termination of his office or employment, by which performance he attempts to influence a decision of any agency of the state, except as provided in such section, and 2) not all meetings of boards and commissions in which a record of the proceedings may be kept and maintained as a public record is an “adversary proceeding” as defined in Section 105.450(1), RSMo Supp. 1992.
142-93 July 26 INITIATIVES. Review and rejection pursuant to Sections 116.332 and 116.334, RSMo 1986, of the sufficiency as to form of an initiative petition relating to the amendment of Article X of the Missouri Constitution and specifically Sections 1, 4(a), 4(b), 4(c), 4(d), 4(e), 5, 6, 6(b) and 10(a).
143-93 July 30 INITIATIVES. Review and approval pursuant to Section 116.334, RSMo 1986, of the sufficiency as to form of a summary statement regarding an initiative petition relating to the amendment of Chapter 130, RSMo, and specifically the enactment of five new sections to be known as Sections 130.100, 130.110, 130.120, 130.130 and 130.135.
147-93 Aug 4 INITIATIVES. Review and approval pursuant to Sections 116.332 and 116.334, RSMo 1986, of the sufficiency as to form of an initiative petition relating to the amendment of Chapter 130, RSMo, and specifically the enactment of five new sections to be known as Sections 130.100, 130.110, 130.120, 130.130 and 130.135.
148-93 Aug 4 INITIATIVES. Review and approval pursuant to Section 116.334, RSMo 1986, of the sufficiency as to form of a summary statement regarding an initiative petition relating to the amendment of Chapter 130, RSMo, and specifically the enactment of five new sections to be known as Sections 130.100, 130.110, 130.120, 130.130 and 130.135. 
150-93 Oct 5 MERIT SYSTEM.
MISSOURI ETHICS COMMISSION.
Employees of the Missouri Ethics Commission are not included among the employees designated in Section 36.030, RSMo Supp. 1992, as being subject to the merit system.
151-93 Oct 8 CITIES, TOWNS AND VILLAGES.
FOURTH CLASS CITIES.
IMPEACHMENT.
The phrase "all the members elected to the board of aldermen" in Section 79.240, RSMo 1986, refers to the full authorized membership of the board so, if the board of aldermen consists of four members, the mayor may remove an alderman pursuant to such section only with the consent of three aldermen.
153-93 Aug 18 INITIATIVES. Review and approval pursuant to Section 116.334, RSMo 1986, of the sufficiency as to form of a summary statement regarding an initiative petition relating to the amendment of Chapter 130, RSMo, and specifically the enactment of five new sections to be known as Sections 130.100, 130.110, 130.120, 130.130 and 130.135. 
155-93 Aug 20 INITIATIVES. Review and approval pursuant to Sections 116.332 and 116.334, RSMo 1986, of the sufficiency as to form of an initiative petition relating to the amendment of various sections in Article X of the Missouri Constitution.
158-93 Oct 27 Letter to the Missouri Ethics Commission.
159-93 Aug 20 INITIATIVES. Review and approval pursuant to Sections 116.332 and 116.334, RSMo 1986, of the sufficiency as to form of an initiative petition relating to the amendment of the Missouri Constitution by adding a new article prohibiting special privilege laws based on sexual orientation.
162-93 Sept 3 INITIATIVES. Review and approval pursuant to Section 116.334, RSMo 1986, of the sufficiency as to form of a summary statement regarding an initiative petition relating to the amendment of the Missouri Constitution by adding a new article prohibiting special privilege laws based on sexual orientation. 
163-93 Sept 3 INITIATIVES. Review and approval pursuant to Section 116.334, RSMo 1986, of the sufficiency as to form of a summary statement regarding an initiative petition relating to the amendment of various sections in Article X of the Missouri Constitution.  
179-93 Nov 5 INITIATIVES. Review and rejection pursuant to Sections 116.332 and 116.334, RSMo 1986, of the sufficiency as to form of an initiative petition entitled Philadelphia II.
184-93 Nov 12 INITIATIVES. Review and approval pursuant to Sections 116.332 and 116.334, RSMo 1986, of the sufficiency as to form of an initiative petition relating to the amendment of Article X of the Missouri Constitution.
192-93 Dec 14 INITIATIVES. Review and approval pursuant to Section 116.334, RSMo 1986, of the sufficiency as to form of a summary statement regarding an initiative petition relating to the amendment of Article X of the Missouri Constitution.
194-93 Dec 27 INITIATIVES. Review and approval pursuant to Sections 116.332 and 116.334, RSMo 1986, of the sufficiency as to form of an initiative petition relating to the amendment of Article X of the Missouri Constitution.
201-93 Dec 29 INITIATIVES. Review and approval pursuant to Sections 116.332 and 116.334, RSMo 1986, of the sufficiency as to form of an initiative petition entitled Philadelphia II.