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1975 Missouri Attorney General's Opinions

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1975 Missouri Attorney General's Opinions

OPINION DATE TOPIC SUMMARY
1-75 Jan 31 Opinion letter to Herbert R. Domke, M.D.
2-75 Jan 8 Opinion letter to the Honorable Ed Bohl
3-75 Mar 11 Opinion letter to the Honorable Phillip H. Snowden
4-75 Mar 11 Opinion letter to the Honorable Jerold L. Drake
5-75 WITHDRAWN
6-75 Jan 6 Opinion letter to the Honorable James A. Noland, Jr.
8-75 WITHDRAWN
10-75 Feb 11 SUNSHINE BILL.
COUNTY COUNCIL.
PUBLIC MEETINGS.
Luncheon meetings of either the majority party members or of the minority party members of the St. Louis County Council, at which public business is discussed, are required to be open to the public under the Sunshine Bill.
12-75 Mar 11 Opinion letter to Herbert R. Domke, M.D.
14-75 Feb 21 Opinion letter to Mr. Mark L. Edelman
16-75 Jan 29 Opinion letter to Mr. Lee E. Norbury
17-75 Jan 15 Opinion letter to the Honorable J. William Holliday
21-75 Apr 21 STATE EMPLOYEES.
TORT DEFENSE FUND.
CONSERVATION COMMISSION.
The Conservation Commission may not pay a final judgment for actual or punitive damages obtained against one of its enforcement officers as a result of his conduct while he was in the actual performance of his enforcement duties.
22-75 Apr 15 Opinion letter to Mr. George M. Camp
24-75 May 12 SCHOOLS.
TEACHERS.
No valid contract existed between a teacher and a board of education when the teacher failed to secure before the beginning of school the specific certificate that was an express condition of the contract. Since there was no valid contract between the teacher and the school board, the teacher's certificate of license to teach cannot be revoked because no valid contract was annulled when the teacher failed and refused to teach in a position for which he did not have a valid certificate of license.
25-75 Feb 28 DEPARTMENT OF SOCIAL SERVICES.
REORGANIZATION ACT.
MERIT SYSTEM.
No merit status can be lost by the transfer or realignment of a unit or position under the Reorganization Act where the essential identity of the position or unit is retained and the position or unit was within merit coverage on the effective date of the Act. A position which was subject to the provisions of the merit system law on the effective date of the Reorganization Act cannot be named as one of three "exempt" positions by a division director under Section 13.1 of that Act.
26-75 Mar 5 Opinion letter to the Honorable Robert 0. Snyder
27-75 Mar 24 CITIES.
COUNTIES.
CITY PARKS.
RECREATION.
FEDERAL GRANTS.
WATERSHED DISTRICTS.
COOPERATIVE AGREEMENTS.
UNIFORM RELOCATION ASSISTANCE ACT.
(1) The city of Holden may contribute funds to a multi-purpose watershed protection project six miles outside the city limits which includes recreational facilities pursuant to Section 278.145, RSMo, and

(2) the city of Holden, Missouri, Johnson County, Missouri, and the South Fork of the Blackwater River Watershed Subdistrict have the authority to make relocation assistance payments pursuant to 42 U.S.C. 4601, et seq.
28-75 May 12 Opinion letter to Mr. Edward A. Godar
29-75 Mar 11 Opinion letter to the Honorable John W. Reid, II
30-75 Feb 19 Opinion letter to Dr. Robert D. Elsea
31-75 Feb 10 Opinion letter to Mr. George M. Camp
32-75 Jan 13 SHERIFFS.
PARTITION.
COMPENSATION.
CONFLICT OF INTEREST.
Sheriffs in a third or fourth class county may not be appointed to the office of special commissioner pursuant to Section 528.540, RSMo 1969, relating to partitions; a sheriff in the above counties may be appointed as one of the commissioners under Section 528.200, RSMo 1969; a sheriff appointed to the position of commissioner under Section 528.200, RSMo 1969, may retain the fees he receives as compensation for his service in that position, and the wife of a sheriff may be appointed to either the position of commissioner or special commissioner and may retain the fees that she receives therefor.
33-75 Mar 4 SCHOOLS. In computing "the average cost of transporting all children of the district" and in computing "the additional cost of transporting handicapped and severely handicapped children" for the purposes of Section 162.985, RSMo 1973 Supp., all expenditures reasonably related to the school district's transportation program should be included in the computation. The amount of additional state transportation aid authorized by Section 162.985, RSMo 1973 Supp., with respect to handicapped and severely handicapped children should be determined by the following formula: a district's average cost of transporting a handicapped or severely handicapped child minus average per pupil cost of transporting all children in the district (handicapped, severely handicapped and nonhandicapped) times the number of handicapped and severely handicapped children transported divided by two.
37-75 Feb 5 GOVERNOR.
MERIT SYSTEM.
REORGANIZATION ACT.
DIVISION OF ADMINISTRATION.
COMMISSIONER OF ADMINISTRATION.
Division heads who are provided for in departmental plans pursuant to Section 1.6(2) of S.R. No. 1, First Extraordinary Session, 77th General Assembly, are division heads who are to be appointed by the department director under Section 1.6(6) of S.B. No. 1, and therefore such appointments come under the exemption of subsection 1(1) of Section 36.030, H.B. No. 8, First Extraordinary Session, 77th General Assembly, and are not covered by provisions of the merit system law, subject, of course, to Article IV, Section 19, Constitution of Missouri.
39-75 Mar 20 Opinion letter to the Honorable Christopher S. Bond
40-75 Apr 23 HOSPITALS.
PHYSICIANS.
FEDERAL GRANTS.
PUBLIC RECORDS.
DIVISION OF HEALTH.
The State Board of Health is authorized by law to adopt and enforce regulations requiring hospitals licensed by the state to submit reports containing certain data relating to hospital discharges.
41-75 Apr 30 Opinion letter to Mr. Edward A. Godar
42-75 Opinion letter to the Honorable Lawrence J. Lee
43-75 Opinion letter to Harold P. Robb, M.D.
44-75 Feb 19 Opinion letter to the Honorable Howard M. Garrett
46-75 Apr 30 Opinion letter to Dr. Jack Cross
47-75 Jan 15 LIENS.
MECHANICS' LIENS.
Only a contractor who deals dircctly with a consumer is required to provide the notice specified in Section 429.010, House Bill 1251, 77th General Assembly. A subcontractor who further subcontracts the supplying of labor or materials is not required to provide notice. An original contractor supplying materials which its own employees install in the home of a consumer is required to give the notice provided for in Section 429.010.
48-75 Jun 25 SCHOOLS.
SCHOOL DISTRICTS.
SCHOOL TRANSPORTATION.
DEPARTMENT OF MENTAL HEALTH.
(1) The cost of special educational services, including transportation, for a handicapped child who has been placed in a home by the Missouri Department of Mental Health, regardless of where those services are provided, is paid by the Department (under the provisions of Section 162.970, RSMo Supp. 1973). The Department of Mental Health is then reimbursed by the school district in which the parent or guardian resides or which would otherwise be responsible for special educational services for the child in an amount not to exceed the average sum produced per child by the local tax effort of the parent's district.

(2) The cost of special educational services and of transportation for a handicapped child not admitted to the programs or facilities of the Missouri Department of Mental Health who resides in a home that provides care or treatment -- whether the child is an offender or troubled, abandoned, or neglected -- is the responsibility of the school district in which the home is located. If the responsible district does not provide those services itself, it must contract with another district or with a public or a private agency for those services and it must provide transportation to the place where the services are provided.
49-75 WITHDRAWN
50-75 Mar 12 CONVICTS.
PROBATION AND PAROLE.
Section 549.071, RSMo 1969, authorizes courts to grant extensions of paroles subject to statutory restrictions and authorizes such courts to grant terms of parole which extend beyond the original expiration date of a parolee's sentence.
51-75 Feb 10 Opinion letter to the Honorable D. R. Osbourn
53-75 Mar 18 COMPENSATION.
ADJUTANT GENERAL.
STATE EMPLOYEES.
REORGANIZATION ACT.
DEPARTMENT OF PUBLIC SAFETY.
(1) Department heads have authority under Senate Bill No. 1, 77th General Assembly, to set the salary of division and other administrative positions subject to appropriations therefor.

(2) The salary of the Adjutant General established by the first departmental plan filed before June 30, 1974, providing for a salary of $18,000.00 per year for the Adjutant General, constitutes the salary which the Adjutant General may be paid at present. The salary may be changed by a subsequent departmental plan.
54-75 Jan 6 Opinion letter to the Honorable Richard J. DeCoster
56-75 May 20 Opinion letter to Mr. Alfred C. Sikes
61-75 Jan 23 Opinion letter to the Honorable Frank Bild
62-75 Mar 19 SAVINGS AND LOAN.
DEPOSITARIES.
SCHOOL DISTRICTS.
SCHOOLS.
Qualifying school districts may place certain funds in savings accounts or certificates of deposit in insured savings and loan associations under the provisions of Section 369.194, RSMo Supp. 1973 and Section 165.051, RSMo.
63-75 Mar 31 BONDS.
STATE AUDITOR.
The maximum amount of bonded indebtedness in 1975 is to be determined by the 1974 assessed valuation of tangible personal property although Senate Bill 333, 77th General Assembly, Second Regular Session, excludes household goods from taxation beginning January 1975.
64-75 May 7 Opinion letter to Dr. Jack Cross
65-75 WITHDRAWN
67-75 WITHDRAWN
69-75 Mar 24 Opinion letter to Mr. Michael D. Garrett
70-75 Apr 3 SEWERS.
SEWER DISTRICTS.
COOPERATIVE AGREEMENTS.
COUNTY COURT.
SEWER SUBDISTRICTS.
A county court may create a sewer subdistrict pursuant to Sections 204.331 and 204.332, RSMo Supp. 1973, and such subdistrict shall have, in addition to those powers specified in Section 204.331, the powers given to sewer districts under Sections 249.430 to 249.660, RSMo 1969. However, in the creation of such a sewer subdistrict under Section 204.331, et seq., the county court must comply with the provisions of Sections 249.470 and 249.480, RSMo 1969. If such a sewer subdistrict is created, the county court, as governing body of the sewer subdistrict, may enter into a contract with a common sewer district created pursuant to Section 204.250, RSMo Supp. 1973, and Sections 204.260 to 204.470, RSMo 1969, whereby the common sewer district would provide any engineering, construction, maini nance, repair and administrative services required for the collection and treatment of sewage generated within the subdistrict.
71-75 Feb 4 Opinion letter to the Honorable Fred Williams
72-75 Feb 27 Opinion letter to Mr. Edward A. Godar
73-75 Jan 29 Opinion letter to Mr. William J. Raftery
74-75 Jan 27 Opinion letter to Mr. William J. Raftery
77-75 WITHDRAWN
78-75 Feb 6 Opinion letter to the Honorable Theodore L. Johnson, III
80-75 Opinion letter to Mr. Lawrence Graham
84-75 Opinion letter to Mr. William J. Raftery
85-75 Feb 14 Opinion letter to the Honorable Nelson B. Tinnin
87-75 Feb 10 Opinion letter to the Honorable Ike Skelton
88-75 Feb 28 ASSESSMENTS.
STATE AUDITOR.
STATE TAX COMMISSION.
(1) The State Tax Commission has the authority and is obligated to equalize the assessments of property among the various counties and the City of St. Louis pursuant to Section 138.390, RSMo, and has the duty to order any county in which valuations of property are below 33 1/3% of true value to raise the valuation of such property to 33 1/3% of, true value and to order any county in which valuations of property are above 33 1/3% of true value to lower the valuation of such property to 33 1/3% of true value.

(2) The State Tax Commission has no authority to equalize the assessments among various parcels of property within a county as such, but individual assessments can be raised or lowered pursuant to Sections 138.380, 138.460, and 138. 470, RSMo.

(3) The State Auditor has no authority to compel the State Tax Commission to require the equalization of assessments among the various counties or the City of St. Louis at 33 1/3% of true value.
89-75 Feb 27 Opinion letter to Mr. Paul W. Collins
92-75 Mar 24 SEWERS.
FEDERAL GRANTS.
WATER POLLUTION.
CLEAN WATER COMMISSION.
CITIES, TOWNS AND VILLAGES.
The City of Farmington may impose user charges pursuant to Section 204.026 (18), RSMo Supp. 1973, to cover costs of operation and/or future expansion of a public sewer treatment facility constructed pursuant to a grant of federal funds under 33 U.5.C., Sections 1281-1292, without the necessity of an election as provided in Section 71.715, RSMo 1969.
93-75 Mar 3 Opinion letter to the Honorable John W. Reid, II
94-75 May 28 Opinion letter to the Honorable Frank Bild
96-75 Mar 28 Opinion letter to the Honorable A. J. Seier
97-75 Sep 22 Opinion letter to the Honorable Jerry E. McBride
98-75 Mar 28 AUDITS.
COUNTIES.
STATE AUDITOR.
CITIES, TOWNS & VILLAGES.
1) The scope of an audit requested pursuant to Section 29.230.2, RSMo, lays within the discretion of the State Auditor, provided that discretion is reasonably exercised;

(2) the State Auditor is authorized to include those public offices in the City of St. Louis performing a function comparable to a county within an audit of the City of St. Louis, requested pursuant to Section 29.230.2, RSMo; and

(3) there is no requirement that the political subdivision, which is to be audited, produce to the Auditor the receipt of the state collector showing that the cost of such audit has been paid to the collector.
99-75 Apr 9 Opinion letter to the Honorable Clarence H. Heflin
100-75 WITHDRAWN
102-75 Sep 10 Opinion letter to Mr. J. Neil Nielsen
105-75 Apr 2 Opinion letter to the Honorable Ralph Jones
106-75 Apr 26 Opinion letter to the Honorable Jim Arnold
109-75 WITHDRAWN
110-75 Sep 10 Opinion letter to the Honorable Harold J. Esser
111-75 Apr 21 SCHOOLS.
SCHOOL TRANSPORTATION.
The board of education of a six-director public school district is not authorized by Section 167.231, RSMo, to submit to the voters of the district the question of whether transportation to and from school at the expense of the district should be provided for pupils living one mile or more from school.
113-75 Jun 25 CIRCUIT ATTORNEYS.
PROSECUTING ATTORNEYS.
The prosecuting attorney in each county and the circuit attorney of the City of St. Louis have authority to institute civil collection remedies for the collection of moneys assigned to the state under the provisions of Public Law 93-647, relating to family support.
114-75 May 27 Opinion letter to Mr. James I. Kennedy
115-75 Jun 26 TAXATION (CIGARETTES). Under provisions of House Bill No. 1612 of the 77th General Assembly, a cigarette wholesaler who purchases cigarette tax stamps or meter units on a deferred payment basis must pay for such stamps or meter units on or before the fifteenth day of the month following the month in which the stamps or meter units were purchased.
116-75 May 28 SCHOOLS.
TEACHERS.
Employment "in any other school system," as that phrase is used in Section 168.104(5), RSMo 1969, includes any full-time teaching position, whether inside or outside of Missouri and whether in public or private schools. It includes teaching service in a junior college, four-year college, or university and in a bona fide early childhood or preschool program.
120-75 May 1 Opinion letter to the Honorable Harold L. Lowenstein
122-75 May 7 Opinion letter to Harold P. Robb, M.D.
124-75 Jun 10 COUNTIES.
SOIL DISTRICTS.
CONSTITUTIONAL LAW.
SOIL & WATER CONSERVATION.
1) Soil and water conservation districts, organized under the provisions of Chapter 278, RSMo, are not private corporations, but are public, political subdivisions of the state, and

(2) Section 278.145, RSMo 1969, providing for aid to soil and water conservation districts from cities and counties, does not violate Article VI, Section 25, Missouri Constitution.
125-75 May 30 Opinion letter to Dr. Arthur L. Mallory
126-75 May 27 Opinion letter to the Honorable Kenneth J. Rothman, Honorable James P. Mulvaney and Honorable Wayne Goode
128-75 May 22 Opinion letter to Dr. Arthur L. Mallory
129-75 May 7 Opinion letter to Harold P. Robb, M.D., Director
130-75 WITHDRAWN
133-75 May 30 POLICE.
CITY POLICE.
STATE AUDITOR.
STATE AGENCIES.
CITIES, TOWNS & VILLAGES.
The metropolitan police systems in St. Louis and Kansas City are "state agencies " within the meaning of Section 29.200, RSMo.
134-75 Jul 1 Opinion letter to the Honorable Earl L. Schlef
135-75 Jul 1 WITHDRAWN Opinion letter to Dr. Jack L. Cross
137-75 May 16 PENSIONS.
RETIREMENT.
CLEAN WATER COMMISSION.
DEPARTMENT OF NATURAL RESOURCES.
STATE EMPLOYEES' RETIREMENT SYSTEM.
Under Section 104.380.1(1), RSMo Supp. 1973, the Director of the Department of Natural Resources, and not the Clean Water Commission, is the "head of the department" for purposes of retention of a director of staff to the Commission beyond normal retirement age.
140-75 May 29 Opinion letter to the Honorable W. Swain Perkins
141-75 May 29 COUNTIES.
OFFICERS.
COUNTY JUDGES.
COUNTY OFFICERS.
CONFLICT OF INTEREST.
The presiding judge of the county court of Ripley County cannot be employed and paid compensation for his services to supervise the courthouse renovation project.
142-75 Jul 24 STATE AGENCY.
STATE AUDITOR.
BI-STATE DEVELOPMENT AGENCY.
KANSAS CITY AREA TRANSPORTATION AUTHORITY.
The Bi-State Development Agency and the Kansas City Area Trans portation Authority are not "state agencies" within the meaning of the term as used in Section 29.200, RSMo, and the State Auditor is not authorized to postaudit their accounts.
143-75 Jul 22 Opinion letter to Mr. Daniel M. Buescher
144-75 Aug 1 SUNSHINE LAW.
ST. LOUIS CITY.
CITIES, TOWNS & VILLAGES.
Budgetary meetings of the St. Louis Board of Estimate and Apportionment and the St. Louis Board of Education are "public meetings" under Section 610.010, RSMo Supp. 1973, and may not be closed pursuant to Section 610.025, RSMo Supp. 1973.
145-75 Jul 16 Opinion letter to the Honorable Dan Harmon
146-75 Jun 26 Opinion letter to the Honorable Frank Bild
147-75 Jun 2 MINORS.
CHILD ABUSE.
CRIMINAL LAW.
The term "reasonable cause to believe" as used in H.B. 578 is the equivalent of the term "suspected" as used in the Federal Register, Volume 39, No. 245, Section 1340.3-3 (d) (2) (i).
148-75 Jul 1 WITHDRAWN Opinion letter to the Honorable Ronald R. McKenzie
149-75 May 30 Opinion letter to Dr. Arthur L. Mallory
151-75 Nov 5 Opinion letter to the Honorable William Raisch
152-75 Jun 13 Opinion letter to the Honorable John T. Russell
155-75 Jul 18 OFFICERS.
CITY OFFICERS.
SUNSHINE LAW.
Meetings of the Columbia City Council regarding the hiring of a municipal judge or city manager fall with in the "personnel" exception of 610. 025(4) of the Sunshine Law ( 610.010, et seq., RSMo Supp. 1973) and therefore may be closed to the public.
156-75 WITHDRAWN
157-75 Jun 13 Opinion letter to the Honorable James C. Kirkpatrick
158-75 Jul 1 Opinion letter to the Honorable James I. Spainhower
159-75 Jul 2 Opinion letter to Dr. Arthur L. Mallory
162-75 Jul 2 Opinion letter to Dr. Arthur L. Mallory
164-75 Jul 23 COUNTIES.
DEPOSITARIES.
COUNTY COURTS.
COUNTY DEPOSITARIES.
Counties, cities, and other political subdivisions specified in Section 110.010, RSMo, are authorized to invest their funds in time deposits, including certificates of deposit. Advertisement for bids is not required.
165-75 Jul 2 Opinion letter to Dr. Arthur L. Mallory
166-75 Jul 2 Opinion letter to Dr. Arthur L. Mallory
167-75 Jul 14 Opinion letter to the Honorable William O. Green
169-75 Jul 22 Opinion letter to Mr. Ronald L. Boggs
170-75 Jul 23 Opinion letter to Mr. James R. Spradling
171-75 Jul 23 Opinion letter to the Honorable Theodore L. Johnson III
172-75 Sep 10 Opinion letter to the Honorable Doris M. Quinn
173-75 Aug 11 Opinion letter to Dr. Arthur L. Mallory
174-75 Aug 4 ELECTIONS.
CRIMINAL LAW.
HIGHWAY PATROL.
MISSOURI ELECTIONS COMMISSION.
The Missouri Elections Commission is empowered to seek and receive investigative assistance from the Missouri State Highway Patrol in the investigation of apparent violations of the Campaign Finance and Disclosure Law.
175-75 Jul 10 GENERAL ASSEMBLY. 1. A member of the Missouri General Assembly who took office in January, 1973, cannot during the term for which he was elected accept the position of Director of Coordination of Technical Vocational Programs for the Department of Higher Education which position was created after January, 1973, because such acceptance would violate Article III, Section 12, Constitution of Missouri.

2. A resignation submitted to the Governor by a member of the General Assembly when the General Assembly is in session is invalid and a nullity and does not result in a vacancy in office.
179-75 Jul 16 Opinion letter to the Honorable James C. Kirkpatrick
181-75 Oct 15 Opinion letter to the Honorable E. Thomas Coleman
182-75 Oct 3 EMPLOYMENT SECURITY.
CONSTITUTIONAL LAW.
1. The legislative history of the Reed Act, which provides for advances to States with depleted reserve accounts for the purpose of assisting them in the financing of their unemployment benefit payments, indicates that the advances are not regarded as a "loan to the State."

2. Any advance which would be received by the State of, Missouri from the Federal Government under Title XII of the Social Security Act (42 U.S.C.A. 1321) does not create a liability of the State of Missouri.

3. The receipt of advances by the State of Misosuri under Title XII of the Social Security Act (42 U.S.C.A. 1321) would not be in violation of Article III, Section 37 of the Missouri Constitution or subsection 1 of Section 288.330, RSMo 1969.
183-75 WITHDRAWN
184-75 Sep 2 Opinion letter to Mr. James L. Wilson
185-75 Oct 20 Opinion letter to Mr. Alfred C. Sikes
186-75 Oct 14 MOTOR VEHICLES.
RECIPROCITY AGREEMENTS.
(1) The Missouri Department of Revenue may register a motor vehicle in the name of the lessee of such vehicle and issue base license plates therefor without issuing a certificate of ownership (title) for such motor vehicle if such motor vehicle is otherwise properly and duly registered pursuant to the IRP;

(2) however, the Missouri Department of Revenue may not register and issue base license plates for a motor vehicle without first issuing a certificate of ownership if such motor vehicle is registered pursuant to the Uniform Vehicle Registration Proration and Reciprocity Agreement.
187-75 Aug 19 Opinion letter to the Honorable George W. Lehr
188-75 Oct 15 ARRESTS.
SUNSHINE LAW.
Where the necessary preconditions have occurred, 610.100 and 610.105, RSMo Supp. 1973, require that the appropriate law enforcement agencies, on their own initiative, must close or expunge the records relating to arrest, detention or confinement. The issuance of an injunction or other court order is not a prerequisite to the closing or expunging of such records.
192-75 Aug 19 Opinion letter to Dr. Arthur L. Mallory
193-75 Sep 10 Opinion letter to Mr. Lawrence L. Graham
194-75 Sep 16 Opinion letter to Dr. Jack L. Cross
196-75 Sep 23 COURTS.
COUNTIES.
COUNTY COURTS.
CIRCUIT COURTS.
A circuit court judge who was sued in the United States District Court on a matter directly connected with his judicial function as a Missouri circuit court judge, has the authority to appoint private counsel to represent him in the United States District Court and to order the payment of a reasonable and proper sum for the services of such counsel to be paid by the county.
197-75 Sep 22 Opinion letter to the Honorable Donald L. Manford
199-75 Sep 24 Opinion letter to the Mr. C. E. Hamilton, Jr.
200-75 WITHDRAWN
202-75 Sep 30 Opinion letter to the Honorable Kenneth J. Rothman
204-75 Oct 21 Opinion letter to Mr. J. Neil Nielsen
205-75 Dec 19 Opinion letter to Mr. Milt Harper
206-75 WITHDRAWN
207-75 Oct 15 Opinion letter to the Honorable Edward C. Graham
208-75 Oct 22 SEWERS.
COUNTY COURT.
SEWER DISTRICTS.
(1) A county court which creates a sewer district pursuant to Sections 249.430 to 249.667, RSMo 1969, may contract with a private party to perform all operation, repair, and maintenance functions associated with the district's sewer system;

(2) the existence of such a contract does not alter or delegate the legal responsibilities of the county court for the operation and maintenance of the sewer system under Sections 204. 006 to 204.141, RSMo Supp. 1973;

(3) the county court must bill for sewer service charges and collect such charges itself, under the procedure set out in Section 249.640; and

(4) the special tax assessments issued pursuant to Sections 249.640 and 249.645 may not be assigned to a private entity for collection.
209-75 Oct 20 STATE AUDITOR.
SUNSHINE LAW.
PUBLIC RECORDS.
PUBLIC MEETINGS.
Raw files, work papers, and other documents and meetings held preparatory to the issuance of signed audit reports of the State Auditor issued pursuant to Section 29.270, RSMo 1969, shall not be open to the public.
210-75 Dec 12 CORPORATIONS.
SECRETARY OF STATE.
A corporation must submit a separate annual registration report for each year the corporation was in forfeiture and a corporation must pay the maximum registration fee of $40 for each year the corporation was in forfeiture before the forfeiture may be rescinded by the Secretary of State. Rescission restores the corporation to good standing as of the date of forfeiture, except for exceptions set forth in Section 351.540(2), Senate Bill No. 14, 78th General Assembly.
213-75 Oct 15 Opinion letter to the Honorable Margaret Miller
214-75 Nov 13 ASSESSORS.
ASSESSMENTS.
COMPENSATION.
COUNTY JUDGES.
1. The rate of compensation of county assessors in third and fourth class counties and second class counties except those having an assessed valuation in excess of three hundred million dollars as of January 1, 1974, for additional duties required by Section 53.073 (Senate Bill No. 373, 77th General Assembly, Second Regular Session), shall be based upon their county's total assessed valuation for the tax year which encompasses the first day of September beginning the annual salary period.

2. The rate of compensation of county court judges in second, third, and fourth class counties for additional duties authorized in Senate Committee Substitute for Senate Bill No. 95, 78th General Assembly, First Regular Session, shall be based upon the assessed valuation of the county for the tax year immediately preceding the year in which the compensation is due.
215-75 Oct 7 Opinion letter to the Honorable R. L. Usher
216-75 Nov 3 Opinion letter to the Honorable S. Sue Shear
217-75 Nov 5 Opinion letter to the Honorable Irene E. Treppler
221-75 WITHDRAWN
223-75 Nov 25 Opinion letter to the Honorable George W. Lehr
224-75 AUDITS.
COUNTIES.
STATE AUDITOR.
COUNTY HOSPITALS.
The State Auditor is obligated to include county hospitals established pursuant to Sections 205.160 to 205.340, RSMo, within the scope of his audit of counties containing such an institution.
226-75 Dec 1 Opinion letter to Ms. Virginia G. Young
228-75 WITHDRAWN
230-75 Nov 25 Opinion letter to the Honorable John W. Reid, II
235-75 Dec 31 PENSIONS.
RETIREMENT.
COMPENSATION.
CONSTITUTIONAL LAW.
MISSOURI EMPLOYEES' RETIREMENT SYSTEM.
1. An individual who is presently retired and receiving retirement benefits which were calculated by multiplying one percent (1%) of his average pay (not to exceed $7,500 per year) during the five consecutive years of his work when his pay , was the greatest, times his years of creditable service, is entitled to have his benefits recalculated under subsection 1 of Section 104.610, Senate Bill No. 5, 78th General Assembly, First Regular Session, in order that the individual may receive additional compensation from the state for services as a special consultant.

2. If an individual's benefits are to be recalculated under the provisions of subsection 1 of Section 104.610, Senate Bill No. 5, 78th General Assembly, First Regular Session, then said individual is also eligible for the increase in compensation under the provisions of Section 104.090, RSMo Supp. 1973.
237-75 Nov 26 Opinion letter to Mr. Warren L. McElwain
239-75 Dec 11 Opinion letter to the Honorable Vernon King
242-75 Dec 4 Opinion letter to Dr. Arthur L. Mallory
244-75 Dec 19 Opinion letter to the Honorable James C. Kirkpatrick
247-75 Dec 11 Opinion letter to the Honorable Donald J. Gralike
 
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