**Andrew Bailey**
Missouri Attorney General

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1999 MISSOURI ATTORNEY GENERAL’S OPINIONS

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Opinion	Date	Topic	Summary
67-99	Oct 29	CITY COUNCIL – COUNCILMAN. CITY ELECTIONS. MUNICIPALITIES. SPECIAL ELECTION. THIRD CLASS CITIES. VACANCIES. VACANCY IN OFFICE.	A council member’s office becomes vacant at the time of his death and therefore, pursuant to Section 77.450, RSMo, a special election shall be held to fill the vacancy where that vacancy occurs more than six months before the next municipal election.
79-99	Mar 17	APPRAISERS. COUNTY BOARD OF EQUALIZATION. DEPARTMENT OF REVENUE. DIVISION OF PROFESSIONAL REGISTRATION. REAL ESTATE. STATE TAX COMMISSION.	Beginning July 1, 1999, it will be unlawful for any person who is not licensed or certified by the Missouri Real Estate Appraisers Commission as provided in Sections 339.500 to 339.549, RSMo, to, for a fee, develop and communicate a real estate appraisal before the State Tax Commission or a local Board of Equalization unless such person is exempt from licensure and certification pursuant to Section 339.501.5, RSMo Supp. 1998; a salaried employee of a corporation that owns property will be permitted under the exemption in Section 339.501.5(1) to provide an opinion as to the value of the property owned by the corporation.
85-99	Jan 25	BALLOTS. COUNTY SALES TAX. ELECTIONS. SHERIFFS. TAXATION – GENERAL. TAXATION – COUNTY SALES TAX.	The provision in subsection 2 of Section 67.582, RSMo Supp. 1997, stating “in no event shall a proposal pursuant to this section be submitted to the voters sooner than twelve months from the date of the last proposal pursuant to this section” does not prevent a county law enforcement sales tax question from being submitted to voters at the April 6, 1999 election even if a similar question was defeated at the April 7, 1998 election.
87-99	June 4	CITY-COUNTY LIBRARIES. LIBRARIES. LIBRARY TAXES. PROPERTY TAX.	With regard to a city-county library district created pursuant to Section 182.291, RSMo 1994, (1) the property tax rate for the district is set each year by the board of trustees of the district, and (2) the board may set the property tax rate in a given year at less than the maximum authorized rate.
90-99	Jan 25	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 for House Committee Substitute for House Bill No. 1891, 89 General Assembly, Second Regular Session (1998).
91-99	Jan 25	BALLOTS. REFERENDUM.	Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, relating to Senate Substitute for House Committee Substitute for House Bill No. 1891, General Assembly, Second Regular Session (1998).
97-99	June 4	COUNTIES. COUNTY SALES TAX. TAXATION – COUNTY SALES TAX.	With regard to the capital improvements sales tax authorized by Section 67.700, RSMo 1994, 1) a proposition to authorize the tax for the purpose of improvements to roads and bridges should be voted on separately from a proposition to authorize the tax for the purpose of repairs to the courthouse and construction of a new jail facility, and 2) both propositions may be submitted to the voters where the total capital improvements sales tax rate does not exceed one-half of one percent.
98-99	June 4	BAD CHECKS. CHECKS. INSUFFICIENT FUNDS CHECKS.	Notwithstanding subsection 6 of Section 570.120, RSMo 1994, under the facts considered, as provided in subsection 2 of Section 408.653, RSMo Supp. 1998, a merchant may collect on an insufficient funds check a maximum service charge of twenty dollars plus an amount equal to the actual charge by the depository institution for the return of the insufficient funds check.
107-99	16	INITIATIVE.	Review and rejection pursuant to Section 116.332, RSMo Supp. 1998, of the sufficiency as to form of an initiative petition relating to the amendment of Section 565.020, RSMo, to eliminate the death penalty as a possible punishment for first degree murder.
109-99	May 11	CONFLICT OF INTEREST. EMERGENCIES. INCOMPATIBILITY OF OFFICES. TELEPHONE.	A member of an emergency services board to which Section 190.339, RSMo Supp. 1998, applies may not be employed by that board.
115-99	May 28	INITIATIVE.	Review and approval pursuant to Section 116.332, RSMo Supp. 1998, of the sufficiency as to form of an initiative petition relating to the amendment of Section 565.020, RSMo, to eliminate the death penalty as a possible punishment for first degree murder.
117-99	June 18	INITIATIVE.	Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, for an initiative petition relating to the amendment of Section 565.020, RSMo, to eliminate the death penalty as a possible punishment for first degree murder.
120-99	June 18	INITIATIVE.	Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo Supp. 1998, regarding an initiative petition relating to the amendment of Section 565.020, RSMo, to eliminate the death penalty as a possible punishment for first degree murder.
122-99	July 2	INITIATIVE.	Review and approval pursuant to Section 116.332, RSMo Supp. 1998, of the sufficiency as to form of an initiative petition relating to a proposed law amending Chapter 226.
123-99	July 9	BALLOTS. REFERENDUM.	Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.160, RSMo, relating to the creation of a budget reserve fund.
124-99	July 9	INITIATIVE.	Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo.
127-99	July 19	INITIATIVE.	Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo.
128-99	July 22	INITIATIVE.	Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo Supp., regarding an initiative petition relating to a proposed law amending Chapter 226.
133-99	July 30	INITIATIVE.	Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to a proposed law concerning campaign financing.
140-99	Aug 19	INITIATIVE.	Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo.
143-99	Aug 19	INITIATIVE.	Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo Supp., regarding an initiative petition relating to a proposed law concerning campaign financing.
149-99	Sept 3	INITIATIVE.	Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to a proposed law concerning increases in the minimum wage.
150-99	Sept 9	INITIATIVE.	Review and rejection pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to a proposed constitutional amendment to Article IV, § 36(a) of the Constitution of the State of Missouri.
152-99	Sept 10	INITIATIVE.	Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to a proposed constitutional amendment concerning video gambling devices.
153-99	Sept 16	INITIATIVE.	Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo.
154-99	Sept 16	INITIATIVE.	Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo Supp., regarding an initiative petition relating to a proposed constitutional amendment concerning video gambling devices.
159-99	Oct 14	INITIATIVE.	Review and rejection pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to a proposed constitutional amendment relating to a sales tax to support passenger rail service.
162-99	Oct 15	INITIATIVE.	Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to a proposed constitutional amendment concerning collective bargaining for firefighters and related personnel.
163-99	Oct 15	INITIATIVE.	Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to a proposed constitutional amendment concerning the enactment of a sales tax to support technology parks.
165-99	Oct 28	INITIATIVE.	Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to a proposed constitutional amendment concerning a sales tax for rail passenger service.
171-99	Nov 4	INITIATIVE PETITION. INITIATIVES.	Review and approval of the legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo, regarding an initiative petition relating to a proposed constitutional amendment concerning collective bargaining for firefighters and related personnel.
173-99	Nov 8	INITIATIVE.	Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to a proposed constitutional amendment concerning a sales tax for rail passenger service.
174-99	Nov 8	INITIATIVE.	Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to a proposed constitutional amendment concerning the enactment of a sales tax to support technology parks.
176-99	Nov 5	INITIATIVE.	Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, for a proposed constitutional amendment to allow collective bargaining by firefighters and related personnel.
178-99	Nov 9	INITIATIVE.	Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, for a proposed constitutional amendment to allow collective bargaining by firefighters and related personnel.
181-99	Nov 19	INITIATIVE.	Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, for a proposed constitutional amendment to impose a sales tax to support technology parks.
182-99	Nov 23	INITIATIVE.	Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, for a proposed constitutional amendment to impose a sales tax to support rail passenger service.
183-99	Nov 24	INITIATIVE.	Review and rejection pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to a proposed constitutional amendment concerning concealed weapons.
184-99	Nov 24	INITIATIVE.	Review and rejection pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to a proposed constitutional amendment concerning concealed weapons.
185-99	Nov 24	INITIATIVE.	Review and rejection pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to a proposed constitutional amendment concerning concealed weapons.
189-99	Nov 24	INITIATIVE.	Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo Supp., regarding an initiative petition relating to a proposed constitutional amendment concerning a sales tax for rail passenger service.
192-99	Nov 24	INITIATIVE.	Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo Supp., regarding an initiative petition relating to a proposed constitutional amendment concerning the enactment of a sales tax to support technology parks.
196-99	Dec 9	INITIATIVE.	Review and rejection pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to a proposed law concerning the awareness of unidentified flying objects.