1998 MISSOURI ATTORNEY GENERAL'S OPINIONS

Select year to view:  1990  |  1991  |  1992  |  1993  |  1994  |  1995  |  1996  |  1997  |  1999  

 
Opinion Date Topic Summary
75-98 June 25 DEPARTMENT OF MENTAL HEALTH. Sections 191.229 and 37.503, RSMo 1994, apply to not for profit human services organizations that provide habilitative services or rehabilitative services or both habilitative and rehabilitative services to people with disabilities in this state, and when such an organization has been accredited by the Commission on Accreditation of Rehabilitative Facilities or the Accreditation Council on Services for People with Disabilities, that accreditation shall be deemed in lieu of and recognized as equivalent to any state licensure or certification requirements by the Missouri Department of Mental Health, Division of Alcohol and Drug Abuse, when purchasing services on behalf of persons with disabilities.
80-98 July 9 DEPARTMENT OF PUBLIC SAFETY.
SEAT BELTS.
TRUCKS. 
With respect to the wearing of safety belts in trucks, pursuant to Section 307.178, RSMo Supp. 1997, 1) persons less than eighteen years of age operating or riding in a truck on a street or highway of this state, regardless of gross weight of the truck and regardless of whether in the front or second (back) seat of the truck and regardless of the date of manufacturing of the truck, are required to wear a properly adjusted and fastened safety belt, with exceptions for children less than 4 years of age, persons who have a medical reason for failing to have a seat belt fastened about their body, and certain persons involved in agricultural work-related activities, and 2) persons eighteen years of age or older are required to wear a properly adjusted and fastened safety belt when a driver or front seat passenger in a truck with a licensed gross weight of less than twelve thousand pounds that was manufactured after Jan. 1, 1968, operated on a street or highway in this state, with exceptions for certain employees of the United States Postal Service, persons who have a medical reason for failing to have a seat belt fastened about their body, and certain persons involved in agricultural work-related activities.
92-98 July 23 ANNUAL LEAVE.
LABOR AND INDUSTRIAL RELATIONS, DEPARTMENT OF.
SICK LEAVE.
STATE OFFICERS.
WORKERS' COMPENSATION.
Administrative law judges and legal advisors whose annual salary is specified in Section 287.615, RSMo 1994, are not paid accrued annual leave on termination of such employment, do not accumulate annual leave or sick leave under Section 36.350, RSMo 1994, and are entitled to the statutory salary regardless of the number of hours worked.
100-98 Apr 14 COORDINATING BOARD FOR HIGHER EDUCATION.
DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION.
SCHOOLS.
SCHOOL AID.
STATE COLLEGES.
For purposes of subsection 5 of Section 160.545, RSMo 1994, the West Plains Campus of Southwest Missouri State University is "any public community college or vocational or technical school" and entitled to reimbursement of the cost of tuition, books and fees as provided in that section.
103-98 Jan 21 INITIATIVES.  Review and rejection pursuant to Section 116.332, RSMo Supp. 1997, of the sufficiency as to form of an initiative petition relating to the amendment of Article I of the Missouri Constitution by adopting on new section to be known as Section 33.
104-98 Jan 22 INITIATIVES.  Review and rejection pursuant to Section 116.332, RSMo Supp. 1997, of the sufficiency as to form of an initiative petition proposing the following language: “The constitution of Missouri will recognize that person hood and humane life begins at and exist at the embryonic stage.” 
110-98 Feb 13 INITIATIVES.  Review and rejection pursuant to Section 116.332, RSMo Supp. 1997, of the sufficiency as to form of an initiative petition apparently proposing a constitutional amendment to read: “The constitution of Missouri will recognize that personhood and humane life exist at the embryonic stage.”
111-98 Feb 13 INITIATIVES.  Review and approval pursuant to Section 116.332, RSMo Supp. 1997, of the sufficiency as to form of an initiative petition relating to a proposed law concerning campaign finance. 
113-98 Feb 24 INITIATIVES.  Review and approval pursuant to Section 116.332, RSMo Supp. 1997, of the sufficiency as to form of an initiative petition relating to the amendment of Article I of the Missouri Constitution by adopting one new section to be known as Section 33.
115-98 Mar 3 INITIATIVES. Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo Supp. 1997, regarding an initiative petition relating to a proposed law concerning campaign finance.
116-98 Mar 6 INITIATIVES. Review and approval of legal content and form of a fiscal note and fiscal note summary prepared pursuant to Section 116.175, RSMo Supp. 1997, regarding an initiative petition relating to a proposed law concerning campaign finance. 
118-98 Mar 6 INITIATIVES. Review and approval of legal content and form of a fiscal note and fiscal note and fiscal note summary prepared pursuant to Section 116.175, RSMo Supp. 1997, regarding an initiative petition relating to the amendment of Article I of the Missouri Constitution by adopting one new section to be known as Section 33.
120-98 Mar 16 INITIATIVES. Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo Supp. 1997, regarding an initiative petition relating to the amendment of Article I of the Missouri Constitution by adopting one new section to be known as Section 33.
124-98 Mar 23 INITIATIVES. Review and approval pursuant to Section 116.332, RSMo Supp. 1997, of the sufficiency as to form of an initiative petition relating to the amendment of Section 39(e) of Article III of the Missouri Constitution concerning riverboat gambling.
128-98 Dec 1 COMMERCIAL MOTOR VEHICLES.
DEPARTMENT OF PUBLIC SAFETY.
HIGHWAY PATROL.
WEIGHT LIMIT ENFORCEMENT.
(1) Commercial vehicle enforcement officers are authorized by subsection 4(3) of Section 304.230, RSMo, as amended by House Bill No. 1802, 89th General Assembly, Second Regular Session (1998), to make arrests for violations of those offenses referred to in subdivisions (1) and (2) of subsection 4 of Section 304.230, (2) the authority of commercial vehicle enforcement officers under subsection 4(3) of Section 304.230 to make arrests upon warrants refers only to arrests upon warrants relating to violations of subdivisions (1) and (2) of subsection 4 of Section 304.230, (3) commercial vehicle enforcement officers are not prohibited by Section 571.030, RSMo, as amended by Senate Substitute for Senate Bill No. 478, 89th General Assembly, Second Regular Session (1998), from carrying concealed weapons, and (4) commercial vehicle enforcement officers may make arrests for violations of Sections 303.024 and 303.025, RSMo, relating to proof of insurance.
129-98 Apr 1 INITIATIVES. Review and approval pursuant to Section 116.332, RSMo Supp. 1997, of the sufficiency as to form of an initiative petition relating to the amendment of Section 39(e) of Article III of the Missouri Constitution concerning riverboat gambling. 
130-98 Apr 1 INITIATIVES. Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo Supp. 1997, regarding an initiative petition relating to the amendment of Section 39(e) of Article III of the Missouri Constitution concerning riverboat gambling.
131-98 Apr 10 INITIATIVES. Review and approval of legal content and form of a fiscal note and fiscal note and fiscal note summary prepared pursuant to Section 116.175, RSMo Supp. 1997, regarding an initiative petition relating to the amendment of Section 39(e) of Article III of the Missouri Constitution concerning riverboat gambling.
135-98 May 1 INITIATIVES. Review and rejection pursuant to Section 116.332, RSMo Supp. 1997, of the sufficiency as to form of an initiative petition proposing a constitutional amendment to read: “The constitution of Missouri recognizes that personhood and humane life exist at the embryonic stage.”
138-98 July 9 CONFLICT OF INTEREST.
GAMBLING.
MISSOURI GAMING COMMISSION.
There is no violation of Section 313.004.10, RSMo 1994, when a person employed by an excursion gambling boat is elected and serves as a member of the board of directors of an ambulance district.
141-98 June 26 BALLOTS.
REFERENDUM.
Review and approval of legal content and form of a fiscal note and fiscal note summary prepared pursuant to Section 116.175, RSMo Supp. 1997, relating to House Committee Substitute for Senate Committee Substitute for Senate Joint Resolution No. 24, 89th General Assembly, Second Regular Session (1998).
142-98 June 26 BALLOTS.
REFERENDUM.
Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.160, RSMo, relating to House Committee Substitute for Senate Committee Substitute for Senate Joint Resolution No. 24, 89th General Assembly, Second Regular Session (1998).
147-98 July 23 BALLOTS.
REFERENDUM.
Review and approval of legal content and form of a fiscal note and fiscal note summary prepared pursuant to Section 116.175, RSMo Supp. 1997, relating to Senate Substitute #2 for House Joint Resolution No. 39, 89th General Assembly, Second Regular Session (1998).
148-98 July 23 BALLOTS.
REFERENDUM.
Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.160, RSMo, relating to Senate Substitute #2 for House Joint Resolution No. 39, 89th General Assembly, Second Regular Session (1998).
153-98 Dec 1 COPIES.
PUBLIC RECORDS.
SUNSHINE LAW.
If county records are on microfilm, the county has the ability to duplicate the microfilm, and a request is made for a copy of the records in the form of microfilm, the county is obligated pursuant to Section 610.026, RSMo, as amended by Conference Committee Substitute No. 2 for Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1095, 89th General Assembly, Second Regular Session (1998) to provide a copy of the records in the form of microfilm.
168-98 Nov 19 INITIATIVES. Review and rejection pursuant to Section 116.332, RSMo Supp. 1997, of the sufficiency as to form of an initiative petition proposing that the Missouri Constitution be amended by adding one new section to provide that persons elected to represent Missouri in the United States House of Representatives or Senate shall not support a governmental budget that spends in deficit. 
176-98 Dec 24 INITIATIVES. Review and rejection pursuant to Section 116.332, RSMo Supp. 1997, of the sufficiency as to form of an initiative petition proposing that the Missouri Constitution be amended by adding one new section to provide that persons elected to represent Missouri in the United States House of Representatives or Senate shall not support a governmental budget that spends in deficit