Search the opinions using the search features available to the right.
Browse the 1973 Attorney General's opinions and opinion letters using the table below.
|An indigent defendant is not entitled to have the cost of a mental examination under Section 552.020, RSMo Supp. 1971 or Section 552.030, RSMo 1969, by a physician "of his own choosing" taxed against the state. However, costs of mental examinations made by "independent" physicians appointed by the court pursuant to such sections are taxable against the state in cases which come under the provisions of Section 550.020, RSMo 1969.|
|A county court of a fourth class county is authorized under Section 49.270, RSMo, to accept donations of real or personal property on the condition that such donations be used by the sheriff's office to perform general patrol duties throughout the county.|
CITIES, TOWNS & VILLAGES.
|The Board of Trustees of the Firemen's and Police Pension Fund of the City of Jennings, Missouri, organized pursuant to Section 86.583, RSMo 1969, (1) cannot apply the funds of such system toward the purchase of accidental death or permanent total disability insurance policies, but (2), can enter into a contract with an insurance' company whereby the insurance company would hold the funds of the system in a "separate account" and would invest same as authorized by Section 376.309 (4) RSMo 1969.|
|For the calendar year 1970 the recorder of deeds in a third class county which has a separate office of recorder of deeds and circuit clerk was entitled to receive the first $4,750 in fees collected by his office as compensation and $1,000 from the county treasury and his deputies were compensated out of the general revenue fund of the county without regard to the fees received by the office of recorder of deeds.|
|17-73||Mar 13||CIVIL DEFENSE.
CITIES, TOWNS & VILLAGES.
CONSTITUTIONAL CHARTER CITIES.
|The obligation to provide emergency planning coordination applies to all political subdivisions in Missouri, including constitutional charter cities. Insofar as Section 44.080 designates the executive officer of a political subdivision as the person responsible for civil defense planning, it is inapplicable to constitutional charter cities. Each charter city is entitled to designate the person responsible for supervision of its civil defense obligation. With regard to the city of Springfield, the terms of its Charter presently would appear to empower only the city manager to supervise or carry out these functions, but other provision could be made by amending the Charter.|
|21-73||Apr 2||SCHOOLS.||A Missouri school board may govern the appearance of students through specifically worded and.narrowly drawn dress and appearance codes only if the district can factually justify such codes as being reasonably necessary to promote intelligent conduct and control of its schools and only if the district can factually justify such codes as being reasonably necessary to carry out the educational mission of the school district.|
|A law calling for an election on the question of whether or not to hold a constitutional convention may be enacted by initiative.|
PUBLIC SCHOOL RETIREMENT SYSTEM.
|The board of education of a school district has authority under the provisions of subsection 1 of Section 168.106, RSMo 1969 and Section 171.011, RSMo 1969, to adopt a regulation requiring a permanent teacher to retire at sixty-five years of age.|
|25-73||Jan 4||CONSTITUTIONAL LAW.
|The issuance of a motor vehicle operator's license may not be refused to a person solely on the ground that he refuses to submit to a photograph, when that refusal is based solely upon religious beliefs.|
|26-73||Jan 24||CIRCUIT CLERK.
|If a rule of the circuit court requires a deposit to secure a fee of the circuit clerk in civil cases specified in Section 483.540 (H.C.S. S.B. No. 496, 76th General Assembly, Second Regular Session) and the charge has accrued, fifty percent of the clerk's fee must be paid to the director of revenue each month and fifty percent to the county. If a rule of the court does not expressly allocate the deposit, the distribution of the clerk's fees is to be made after the liability for costs has been established and the costs collected in whole or in part. If, when liability has been established, accrued costs cannot be collected in full, charges not having any statutory priority or not allocated under court rule should be prorated.|
BOARD OF TRAINING SCHOOLS.
|A child under the custody of the State Board of Training Schools who has been placed in his own home, a relative's home, a foster home or a group home is entitled to attend the public school district in which such home is located without payment of tuition.|
|1. Sections 194.120 through 194.180, RSMo 1969, do not require that the State Anatomical Board accept the body of an indigent patient who dies in the State Chest Hospital. 2. When the State Anatomical Board is unable or unwilling to accept such body, the county court of the proper county is required to reimburse the State Chest Hospital for reasonable expenses incurred in the burial of such body. 3. The proper county within the meaning of Section 205.630, RSMo 1969, is that county in which the patient dies.|
|32-73||May 16||COURT RECORDS.
|Circuit clerks are authorized to microfilm closed case files more than five years old when authorized to do so by the circuit judge or judges. Circuit court files in all cases which have been closed and no action taken for more than ten years, and which have been reproduced in accordance with Section 109.120, RSMo, may be destroyed under the authority and direction of the judge or judges of the circuit court.|
STATE HIGHWAY COMMISSION.
CLEAN WATER COMMISSION.
|The State Highway Commission must now pay, pursuant to Section 204.051, V.A.M.S., enacted in 1972, an annual fee of $25.00 for a permit to operate a lagoon for sanitary facilities at a rest area on state owned land on Interstate 70 in Lafayette County, which permit was originally issued on May 1, 1967.|
CONFLICT OF INTEREST.
|The payment of an indemnity to a state official for an incurred hurt, loss or damage under any provision of law when the same indemnity is available to all private citizens for identical hurts, losses or damages does not constitute a conflict of interest.|
|An individual domiciled in this state who is absent from this state and who is eligible to receive a Missouri absentee ballot" for President and Vice President will be subject to the Missouri income tax law unless he (1) does not maintain a permanent place of abode in this state, (2) does maintain a permanent place of abode outside this state, (3) does not spend in the aggregate more than thirty days during the taxable year in this state, and (4) does not receive income derived from or connected with sources within this state, as defined in Section 143.181, Senate Bill No. 549, 76th General Assembly, Second Regular Session. Tax liability, if it exists, is present regardless of whether a person exercises his right to vote or not, and therefore the act of voting, by itself, does not determine whether a person is subject to the Missouri income tax law.|
|39-73||Jan 3||TAXATION (CITY SALES).
CITIES, TOWNS & VILLAGES.
|The governing body of a city may abolish a city sales tax previously imposed as provided in Sections 94.500 to 94.570, RSMo 1969, by repealing the ordinance imposing the tax, without a subsequent vote of the qualified electors on the question of abolition.|
|42-73||Jan 29||TAXATION (INCOME).
|A taxpayer who has a fiscal period which includes any part of 1972 and a part of 1973 may determine his tax and taxable income pursuant to the provisions of Sections 143.011 to 143.996, Senate Bill No. 549, Second Regular Session, 76th General Assembly, if he files an election to that effect with the Director of Revenue as provided in Section B of such Senate Bill.|
RULES & REGULATIONS.
|A board of education may not require a teacher to have been employed two years or more by another school district within ten years immediately prior to employment by the board of education as a condition for a waiver of one year toward tenure of a probationary period for a probationary teacher.|
|Commissioners of the probate courts appointed under the provisions of Section 481.115, RSMo, applicable to probate courts of counties having more than 400,000 inhabitants are not entitled to receive any compensation under Sections 476.450, RSMo et seq., which provide for the appointment of retired judges and commissioners as special commissioners or referees.|
|The magistrate courts, in the absence of express statutory authorization, do not have the authority to, by general rule applicable to all cases, require that a plaintiff make a deposit of $12 when a defendant in a civil case requests a jury trial.|
|57-73||Feb 1||PROSECUTING ATTORNEY.||The provision of Sections 56.065 and 56.270, Senate Bill No. 515, Second Regular Session, 76th General Assembly, relating to prosecuting attorneys apply to a county of the second class in which the circuit court sits in more than one city in such county and do not apply to a second class county in which the circuit court sits in only one city unless said county has a population of more than 100,000.|
|Section 170.051, S.C.S.S.B. 638, 76th General Assembly, requires a public school district to "purchase and loan free all textbooks" for children resident of the district who are enrolled in kindergarten classes held in a school which also enrolls students seven years of age or older.|
DIVISION OF HEALTH.
DIVISION OF MENTAL HEALTH.
|Under Section 1 of H.C.S,H,B, No. 204, 76th General Assembly, Second Regular Session, the Division of Mental Health is required to adopt rules for all institutions accepting the mentally retarded including facilities operated by the Division itself. Homes and institutions which are licensed under the provisions of Chapter 198 as nursing homes by the Division of Health and which come within the provisions of Section 2 et seq., of H.C.S.H.B. No. 204 must also be licensed by the Division of Mental Health and must conform to the rules and regulations promulgated by the respective Divisions.|
|65-73||Jan 5||CONFLICT OF INTEREST.
|The disclosure of assets procedure contemplated by Governor-elect Christopher S. Bond complies with the requirements of Section 105.460, RSMo, of the conflict of interest law, which permits filings disclosing substantial interests during each session of the General Assembly in lieu of separate filings of substantial personal or private interests by the Governor in any bill before passing on such bill.|
|66-73||Mar 7||SCHOOLS.||School districts may not charge fee for summer or night school to residents under twenty-one; may make charges for damage to school property and for extracurricular activities; must provide band instruments if credit is given for band participation; must furnish gym shoes to indigents; must furnish materials for making products as part of classes; may withhold transcript from student if he fails to pay a legal fee imposed for misuse of school property.|
|The taxpayers of three-director school districts assigned to school districts operating a high school pursuant to Subsection 2 of Section 162.096 shall pay the tax rate effective in the high school district or districts to which the common districts were assigned.|
|A person between his sixteenth and twenty-first birthdays has a right, to attend public school in the district of his residence on a part-time basis, and to take any course which he would be entitled to take were he a full-time student. This right may not be denied because the person also attends a private parochial school. A school district has a duty to accept such a student. A school district may make such reasonable rules and regulations governing part-time students as will preserve the discipline, health, and academic standards of the school, but these rules may not be such as to place an unreasonable burden on part-time attendance.|
|77-73||Feb 21||COOPERATIVE AGREEMENTS.
|The county and city governments of the State of Missouri cannot be appointed by the Director of Revenue as Department of Revenue fee office agents to perform those duties set out in Section 136.055, RSMo 1969, because said duties are not within the scope of the powers of city or county governments in this state.|
|84-73||Mar 9||CRIMINAL LAW.
|The General Assembly has not as yet enacted any law prohibiting licensed physicians from prescribing contraceptive medications and devices to persons under the age of twenty-one who have not been emancipated by marriage or other means without obtaining the consent of such person's parents.|
|87-73||Feb 16||COUNTY HEALTH CENTERS.
|The board of trustees of the county health center in a county of class two which adjoins a county of the first class having a charter form of government cannot authorize the expenditure of county health center funds for rabies control.|
|88-73||Apr 20||CIRCUIT JUDGES.
CONFLICT OF INTEREST.
|The prohibition contained in Article III, Section 12, of the Constitution of Missouri, renders a state senator ineligible to accept an "appointive office" but such section does not preclude him from accepting anappointment to fill a vacancy in an elective office. For the purposes of Article III, Section 12, the office of circuit judge, even in a county under the nonpartisan court plan, is an elective office. Therefore, Article III Section 12 of the Constitution of the State of Missouri does not preclude a member of the legislature from accepting nomination and appointment as a judge of the circuit court in a county under the nonpartisan court plan.|
|90-73||Mar 28||COUNTY PLANNING AND ZONING.||County planning and zoning under Sections 64.510 to 64.690, RSMo, adopted by the voters of Marion County, Missouri, on November 3, 1964, cannot be terminated by a vote of the people. A county court cannot abolish the county planning commission after it has been established nor can a county court repeal all planning and zoning ordinances and regulations.|
|(1) A probationary and a permanent teacher may be sued by a six-director school district as defined in Section 160.011(12), RSMo 1969, for damages which the school district can prove resulted from the teacher's unjustified refusal to perform the agreed upon services provided for in the teacher's contract. (2) Pursuant to Sections 168.11 14 through 168.120, a permanent teacher's indefinite contract could be terminated by a school district if a teacher unjustifiably refuses to perform the services called for by the teacher's employment contract with the school district. (3) A teacher's teaching certificate could be revoked by the authority which issued the certificate upon satisfactory proof that the teacher has unjustifiably failed to perform the services called for by his employment agreement and that, therefore, the teacher has neglected his duty and/or has annulled his contract with the local school board without the consent of the majority of the members of the board which is a party to the contract as provided in Section 168.071, RSMo 1969.|
|The clerk of the circuit court is not entitled to charge the $25 fee for each civil case instituted in circuit court in a probate case heard by the circuit court because of disqualification of the probate judge.|
CONSTITUTIONAL CHARTER COUNTIES.
|A county of the first class with a charter form of government must comply with Section 50.800, RSMo 1969, relating to county financial statements, and may not modify the form and content of the county financial statement prescribed by that section; but such a county may designate appropriate officers or agencies to perform the duties which that section otherwise imposes on county courts.|
|108-73||Feb 23||CRIMINAL LAW.
|State public defenders are not prohibited by the provisions of House Bill No. 1314, 76th General Assembly, from employing additional assistants to be paid from federal grant funds for the purpose of defending indigents in juvenile and misdemeanor cases.|
|111-73||Mar 19||MENTAL HEALTH.||The Division of Mental Health has authority under the provisions of House Committee Substitute for House Bill No. 204, 76th General Assembly, Second Regular Session (Section 202.831) to use Division appropriations for the care of patients in their own homes or in the homes of relatives and that such homes are not required to be licensed under Section 2 of the Bill. The Division has no authority to make payments directly to patients for their care.|
|Section 4 of House Bill No. 1280 prohibits a dairy farmer from selling raw milk to the general public from a distribution center set up by the dairy farmer and located away from his farm premises.|
|114-73||Apr 4||NURSING HOMES.
MISSOURI HOUSING DEVELOPMENT COMMISSION.
|The Missouri Housing Development Commission, Sections 215.010, RSMo et seq., has the authority to make first mortgage loans for the construction of nonprofit facilities which will provide nursing home residential services for persons of low and moderate income who live on a permanent basis in such homes.|
|115-73||Sep 12||STATE EMPLOYEES RETIREMENT SYSTEM.
|1. Magistrate court clerks who are paid in whole or in part out of state appropriations are entitled to membership and prior membership credit in the Missouri State Employees Retirement System. 2. Such magistrate court clerks are entitled to membership in the Missouri State Employees Retirement System on the full amount of their salaries.|
|When the tax rate of the county library districts which join to form a consolidated district is less than twenty cents per hundred dollars assessed valuation, that the tax rate of the consolidated district cannot be increased above the rate previously levied by the constituent districts without an election in accordance with procedures set out in Section 182.650, V.A.M.S.|
|124-73||Apr 23||CITY ORDINANCES.
CITIES, TOWNS & VILLAGES.
|Subsections 6 and 7 of Section 79.450, RSMo Supp. 1971, do not grant an unlimited authority for a fourth class city to enact any ordinance it deems advisable if not in conflict with a state statute but does grant authority to enact ordinances and regulations governing matters of the same general kind and character as those expressly mentioned in Chapter,79, RSMo.|
|A county assessor appointed by the Governor to fill a vacancy in the office is required to take an oath of office as provided in Section 11, Article VII, Constitution of Missouri, and qualifies for the office as provided under Chapter 53, RSMo, and that he is not entitled to the emoluments of the office until he qualifies.|
|127-73||Oct 23||STATE EMPLOYEES' RETIREMENT SYSTEM.
SUPERINTENDENT OF INSURANCE.
|During the interval until January 1, 1975, the two elected members' terms on the board of trustees of the Missouri State Employees' Retirement System shall be served by the Superintendent of Insurance and one appointment to be made by the Governor.|
|133-73||May 3||TORT DEFENSE FUND.
DEPARTMENT OF CORRECTIONS.
|Interns and resident physicians of the University of Missouri Medical Center who provide medical services on an irregular basis without further compensation under the supervision and direction of the Medical Director of the Missouri Department of Corrections are "employees" or "agents" of the Missouri Department of Corrections as those terms are used in Section 105.710 (Senate Bill No. 428, 76th General Assembly), and those interns and resident physicians are included for coverage under the Missouri Tort Defense Fund.|
|The Division of Mental Health has no authority to return license fees which accompany applications for the licensing of homes for the mentally retarded under H.C.S.H.B. No. 204, 76th General Assembly, Second Regular Session, even though a license is denied. However, in those cases where it is patently clear that the applicant is not required to have a license under such laws and no inspection is necessary, the applicant's fee should not be deposited in general revenue but should be returned to him.|
|County local option registration under Chapter 114, RSMo, may begin at any time after the law becomes operative following publication of the adoption of local option registration and must begin by the fifteenth day of September following such adoption. Such registration must be concluded as soon as possible. Voter registration is required for elections covered by Chapter 114 after voter registration is concluded.|
SPECIAL SCHOOL DISTRICTS.
|A special school district formed under the provisions of House Bill 1096, 76th General Assembly, Sections 178.640-178.765, V.A.M.S. (1) would immediately upon formation become responsible for providing vocational education and special education for physically and mentally handicapped children resident within the county or counties included in the special district; however, the board of education of a special district would be required to accomplish at any given time only that which is reasonably possible; (2) would have no legal obligation to employ special education ,teachers under contract by component districts at the time of formation of the special district; (3) should present an estimate of the amount of money to be raised by taxation for the ensuing school year and the tax rate necessary to sustain the schools of the special district for the ensuing school year to the county clerk of each county included within the special district on or before July 15; and (4) may secure special educational services and vocational training services for children within its boundaries by contracting with any school district which has authority to furnish such services. If House Bill 474, 77th General Assembly, is signed by the Governor, it will not affect the organization or existence of an already existing special district, but will govern the operations of all special districts.|
MISSOURI BOAT COMMISSION.
|Senate Bill No. 123 of the 76th General Assembly, enacting a new Section 306.260 relating to marine toilets on boats, is constitutional.|
|154-73||Apr 6||WITHDRAWN||Savings and loan associations chartered by this state when filing annual registration reports and antitrust affidavits with the Secretary of State as required by Section 351.125and Section 351.135, RSMo1969, are required to pay the filing fees imposed by those sections.|
|Section 38(a) and Section 39(3), Article III, Missouri Constitution, prohibit a school board and the district superintendent from terminating a partially performed three-year contract and executing a new contract providing for the performance of the same duties at a greater compensation when the only reason for doing so is an increase in the number of students attending the school district.|
TAXATION (CITY SALES).
|The one percent city sales tax act in the City of St. Louis is a valid levy after March 22, 1973, thus the Director of Revenue is required to continue to collect the tax.|
|The microwave station including the tower, equipment, and real estate on which it is situated owned by the American Telephone and Telegraph Company and located in Morgan County should be assessed by the county assessor of Morgan County.|
|166-73||May 14||STATE FUNDS.
BOARD OF FUND COMMISSIONERS.
|The Board of Fund Commissioners may not transfer funds in the Second State Building Fund to general revenue.|
|169-73||Jun 11||SUPREME COURT RULES.
CITIES, TOWNS & VILLAGES.
|A professional criminal bondsman has no authority to carry concealed weapons. Further, under Supreme Court Rule 32.14, a peace officer cannot be accepted as a surety on any bail bond. An individual cannot be appointed as a peace officer for the purpose of carrying a concealed weapon.|
|171-73||Jun 4||CRIMINAL LAW.
|A not-for-profit civic club which operates a gift shop manned by unpaid volunteer workers selling goods, wares, and merchandise prohibited from sale on Sunday under Section 563.721, RSMo, is not exempt from the provisions of this statute even though the profits are contributed to charity.|
DEPARTMENT OF REVENUE.
|The printing of all stationery, bills, journals, and other printing of the legislature or any of its creatures such as legislative joint committees, interim commit-tees or commissions must be purchased by the commissioner of administration pursuant to the provisions of Sections 34.170 through34.250, RSMo.|
CONSTITUTIONAL CHARTER COUNTIES.
|A county of the first class having a charter form of government may not adopt an ordinance which purports to establish a minimum monetary requirement for advertising for bids for supplies, equipment,materials or services greater than that established by Section 50.660, RSMo 1969.|
|178-73||Aug 23||SCHOOLS.||A grading system must bear a rational relationship to a legitimate educational goal and must be reasonably administered. A teacher may take a student's tardiness into account in determining the student's grade when, the tardiness affects the student's performance in the class. However, this office will not decide whether any particular grade was improperly lowered due to the consideration of possibly irrelevant factors, since this is not the sort of question appropriate for resolution by the Attorney General, and it is a decision which has been entrusted by Missouri law to local school officials.|
|184-73||Oct 15||SCHOOLS.||A public school district may accept voluntary donations or contributions from individuals to help defray the costs of educational programs offered by the district. The contributor may specify the program to be aided by his donation, and the school district may bind itself to use the money for that purpose provided that in so doing it does not discriminate between students on the basis of whether they or their parents have made a donation.|
DIVISION OF WELFARE.
|The Governor of the state of Missouri has authority under the provisions of Chapter 44, RSMo, to declare that an emergency exists because of a natural disaster of major proportions and to expend appropriations available for providing relief pursuant to a state plan for the benefit of persons affected by the disaster.|
|The General Assembly may authorize the expenditure of state funds for capital improvement purposes on the campuses of Missouri Western State College and Missouri Southern State College.|
|Public defender offices created under the provisions of Senate Committee Substitute for House Bill No. 1314, 76th General Assembly, Second Regular Session, may be abolished during the terms of the incumbent public defenders. The incumbents have no right to any salary after the offices are abolished.|
|196-73||Sep 4||WATER SUPPLY DISTRICTS.||A public water supply district organized under Chapter 247, RSMo, cannot charge a property owner or the tenant of real property for delinquent water bills of former tenants.|
|203-73||Jun 6||WITHDRAWN||With respect to survivors benefits under the judicial retirement act, Sections 476.515 through 476.570, RSMo Supp. 1971, that the legislature has made no provision for the payment of survivors benefits to persons surviving a judge who dies after he has left office and who is not retired under such sections at the time of his death.|
DIVISION OF HEALTH.
|Senate Bill No. 57, 77th General Assembly, does not require that attendants or attendant-drivers of ambulances must be licensed as mobile emergency medical technicians. Subsection (11) of Section 1 and Section 9 of Senate Bill No. 57 become effective September 28, 1973, and all other provisions of said act become reffective July 1, 1974. However, since Section 1, subsection l ) provides the Director of the State Division of Health is the "license officer" and this section does not become effective until July 1, 1974, the Director of the Division of Health does not have authority . to issue a license to a "mobile emergency medical technician" until that date.|
|Section 292.170, RSMo, which requires seating for women at work is partially in conflict with Title 42 U.S.C._sec. 2000e and 29 C.F.R. Sec. 1604.2(b)(4) and in such areas of conflict the state law must give way to the federal requirements. Therefore, an employer must provide seats for all employees or prove that business necessity precludes such seats and not provide them for any employees.|
|Section 290.060, RSMo, dealing with the employment of pregnant women, has been superseded by 42 U.S.C., § 2000e-2(a) and 29 C.F.R., § 1604.2(b) and employers are no longer required to comply with such statute.|
TAXATION (CITIES, TOWNS & VILLAGES).
|Municipalities and school districts lying within a county in which personal property assessment increased over ten percent from the previous year must revise and lower their tax levies where said levies were determined and certified to the county clerk prior to the increased assessment in accordance with the provisions of Section 137.073, RSMo 1969, even though the property assessment in such particular districts or municipalities did not increase by ten percent.|
|The state may, under Chapter 34, RSMo, negotiate directly for all leases of real estate, and such leases do not have to be bid.|
|Where the clerk of the magistrate court and not the sheriff collects certain sums of money under amended Section 57.130, (Senate Bill No. 100, 77th General Assembly, effective September 28, 1973), the clerk has no authority to collect the ten percent commission under subsection 6 of Section 57.290, (Senate Bill No. 516, 76th General Assembly).|
|308-73||Dec 7||TAXATION (INTANGIBLE).||1974 is the final calendar year during which liability can be incurred for the intangible tax of Chapter 146, RSMo 1969, but this liability is based upon the yield of intangible personal property during 1973 rather than 1974; and the yield of intangible personal property during 1974 will not be the basis for the computation for any future intangible tax. The final date for filing intangible tax returns will be April 15, 1974.|
FOSTER HOME CARE.
DIVISION OF WELFARE.
|Payments for children who have been adopted and for whom foster care payments have been paid under the homeless, dependent, and neglected foster care program of the state of Missouri cannot be made from the funds appropriated for payment of the state's share of the cost of family foster home care of homeless, dependent or neglected children.|
|311-73||Nov 30||COURT RECORDS.
|With respect to Act 172, 77th General Assembly that: 1. Section 7 of the Act applies to all records of prosecuting attorneys, law enforcement agencies, and magistrate courts which pertain to the case of a person who has been arrested and charged. 2. Records required to be closed under Section 7 of the Act are not to be expunged, but they are available to courts and law enforcement agencies only for purposes of litigation and otherwise must be inaccessible to the general public.|
CITIES, TOWNS & VILLAGES.
|Article IX, Section 7 of the Constitution of Missouri prohibits the passage of state statutes which would allocate to the training of law enforcement personnel any funds collected as fines for the violation of state laws. However, there is no constitutional prohibition against the passage of state statutes (or county or municipal ordinances, in the absence of such state statutes) which would mandate allocations to the training of law enforcement personnel from funds collected as fines for the violation of county or municipal ordinances.|
|317-73||Oct 23||LEGISLATORS.||A state representative may not be employed to produce an annual report for the Land Clearance for Redevelopment Authority of the City of Springfield, because such employment violates Article III, Section 12 of the Constitution of Missouri.|
|With respect to Sections 6, 7 and 8 of Senate Bill No. 1, 77th General Assembly, relating to arrest records, 1. The provisions of the first sentence of Section 6 and the provisions of Section 7, relating to the closing of records of arrested persons, apply throughout the state of Missouri. 2. The second sentence of Section 6, relating to expungement of records of arrested persons, applies to all records, wherever maintained, of arrests which take place within the geographical confines of any city or county having a population of five hundred thousand or more. 3. Section 6 of the Act does not require closing of the records of an arrest if that arrest results in any criminal charge against the arrested person within thirty days. 4. Under Section 7 of the Act, official records need not be closed unless all charges arising out of an arrest are subsequently nolle prossed, dismissed, or result in findings of not guilty. 5. Section 7 of the Act requires that official records be closed where the original indictment or information against the accused is dismissed and an information charging the accused with a different offense is subsequently filed, but does not apply where an amended information is filed charging the same offense as previously charged by indictment or information.|
|With respect to the issuance of summonses and the acceptance of bail by police officers of the City of St. Louis: 1. Neither the judges nor the prosecutors have the authority to establish systems or standards for the issuance of summonses for city ordinance or state law violations to be used by the St. Louis police department. 2. Police officers have authority under Supreme Court Rule 37.09 to serve a person with a summons instead of arresting such person in any case in which it is lawful for such officers to arrest the person without a warrant for violation of a city ordinance. In traffic cases Supreme Court Rule 37.46, which authorizes the issuance of a summons by police officers in the form of the uniform traffic ticket, is applicable to state misdemeanor traffic violations as well as municipal ordinance traffic violations. 3. Police officers in charge of the station houses in St. Louis, under Section 84.230, RSMo, have the authority, within certain limitations, to accept bail from a person arrested for a municipal violation or a violation of state law. 4. The Board of Police Commissioners has supervisory authority over officers acting pursuant to Supreme Court Rules 37.09 and 37.46 and Section 84.230, RSMo.|
|330-73||Dec 18||SUNSHINE BILL.
|Meetings of the "committee of the whole" and subcommittees of the St. Louis County Council are "public meetings" within the meaning of Section 1(1) of Senate Bill No. 1, 77th General Assembly, First Regular Session, and thus are required to he open to the public by Section 2 of said bill.|
CONFLICT OF INTEREST.
|A member of the General Assembly is not prohibited by the Constitution or state law from renting real estate which he owns to a state agency. Caveat Chapter 105 sections repealed and new sections now in force.|
DIVISION OF WELFARE.
AID TO DEPENDENT CHILDREN.
|The provisions of House Bill No. 156, 77th General Assembly, providing for benefit payments to aid to the blind and House Bill No. 514, 77th General Assembly, providing for benefits to aid to dependent children are in effect only until January 1, 1974, and thereafter the provisions of Senate Bill No. 325, 77th General Assembly, govern.|
|343-73||Nov 21||USURY.||A national bank may charge interest at the rate permitted by state law, or at a rate of one percent in excess of the discount rate prescribed by the federal reserve bank for the district in which the national bank is situated, whichever is higher.|
|354-73||Dec 13||SUNSHINE BILL.
|When a person is arrested and charged with an offense within thirty days of the arrest but the case is nolle prossed, official records pertaining to the case, including records of the arrest, are to be closed but are not subject to expungement.|
|363-73||Dec 4||CRIMINAL LAW.
|Public defenders, except when operating under certain federal grants, have no authority to provide services to indigent juveniles or indigents charged with misdemeanors and cannot contract with the City of St. Louis for additional assistants to perform such services.|