OPINION	DATE	TOPIC	SUMMARY
2-78	Apr 14	SCHOOLS. TEACHERS.	1. A school district which terminates a teacher's employment may also subsequently prefer charges to revoke the teacher's certificate, assuming that sufficient statutory grounds exist for both actions. 2. A school district may prefer charges to revoke a teacher's certificate based on conduct which occurred while the teacher was previously employed by another district.
2-78	Apr 17	TAXATION (CITY SALES TAX). BALLOTS. ELECTIONS. CITY ELECTIONS.	Section 8.120 of the Comprehensive Election Act of 1977 (SSHB No. 1 Regular Session, 79th General Assembly) provides for the form of the ballot submission with respect tot city sales tax elections notwithstanding the provisions of Section 94.510, RSMo, as amended in 1977.
7-78	Apr 7	CHECKS. STATE CHECKS. BILLS AND NOTES. STATE TREASURER.	Section 33.190, RSMo Supp. 1975 authorizes the issuance of a replacement check only to the payee of such check when the payee has never received the proceeds of such check.
10-78	Apr 7	PUBLIC SCHOOL RETIREMENT SYSTEM.	Chapter 169, as currently written, would not allow the lending of securities purchased with funds of the Public School Retirement System under the provisions of Section 169.040, RSMo Supp. 1975.
15-78	Apr 13	AGRICULTURE.	The provisions of Section 411.150, RSMo 1969, allow the director of the Department of Agriculture to set fees for grain inspection and sampling services either on a uniform basis throughout the state or on a separate basis at each grain inspection location, based on the administrarive expenses at that location, so long as the revenues produced from the fees meet the costs and expenses of administering Chapter 411.
19-78	Aug 18	NURSES.	A physician who is located in a state bordering Missouri who meets the requirements of Section 334.150, RSMo, and is authorized to treat patients in Missouri may utilize the services of licensed practical nurses and registered nurses as provided in Section 335.016, RSMo Supp. 1976.
21-78	Jan 30		Opinion letter to The Honorable George P. Dames
22-78	Jan 23		Opinion letter to Mr. Carl R. Noren
23-78	Jan 30	STATE AUDITOR. REAL ESTATE COMMISSION.	The Missouri Real Estate Commission improperly issued broker's licenses in 1973 and 1974 to persons without requiring them to successfully pass the real estate broker's examination.
25-78	May 2	SCHOOLS. TEACHERS. SCHOOL DISTRICTS.	The amendments to the contract between Parkway School District and its superintendent, Wayne W. Fick, increasing his salary are unenforceable, void, and violate Article III, Section 39 (3), Constitution of Missouri, and Section 432.070, RSMo 1969.
26-78	Jan 26		Opinion letter to Mr. Joe G. Harms, II
29-78	Jan 11		Opinion letter to The Honorable Emory Melton
30-78	Jan 27	ELECTIONS. CANDIDATES. GOVERNOR.	Section 17 of Article IV of the Missouri Constitution, limiting the number of times a person may be elected to the office of governor, is applicable to the person who held the office because of election to such office when such section became effective.
31-78	Apr 19	BARBERS. LICENSES. COSMETOLOGY.	Barbers and cosmetologists may work in the same physical area if such area is licensed as a cosmetology shop and is subject to inspection by both the State Board of Cosmetology and State Board of Barber Examiners.
32-78	Apr 19		Opinion letter to The Honorable Warren Wellivern
33-78	Apr 20	STATE TAX COMMISSION.	The State Tax Commission has the statutory authority to appoint hearing examiners for conducting initial investigations and making advisory recommendations in appeals taken under Section 138.430(2), RSMo 1969.
34-78	Apr 18		Opinion letter to The Honorable Hardin C. Cox
35-78	May 23	PLANNING AND ZONING. COUNTY PLANNING AND ZONING	The platting and recording of a subdivision is not sufficient use and maintenance of existing property so as to exempt it from changes in county requirements, ss 64.850-64.895, RSMo.
36-78	Jan 10		Opinion letter to Mr. Stephen C. Bradford
37-78	Jan 10		Opinion letter to Mrs. Carolyn Ashford
39-78	Jul 19		Opinion letter to Mr. Jack M. Keene
40-78	Dec 14	PROSECUTING ATTORNEY. CRIMINAL PROCEDURE. CRIMINAL LAW.	The county prosecuting attorneys are authorized under the law of this state to exercise discretion in determining whether or not to prosecute on the basis of a criminal complaint, so long as such discretion is exercised fairly, in good faith and in accordance with established principles of law.
41-78	Dec 14	GOVERNOR. PARDONS.	The Governor of the State of Missouri may partially pardon an offender so that the recipient will remain subject to the second offender provisions contained in Section 556.280, RSMo.
43-78	Dec 14	SCHOOLS. SCHOOL DISTRICTS.	(1) Neither a school district nor the State Department of Elementary and Secondary Education may deny access to the educational records of a handicapped or severely handicapped child by a validly authorized representative of the child's parent or guardian. (2) This office will not render an opinion on the question of unauthorized practice of law, deferring to the Missouri Bar Advisory Committee.
44-78	Aug 2		Opinion letter to The Honorable Larry M. Burditt
46-78	Mar 13		Opinion letter to The Honorable Douglas Boschert
50-78	Mar 15		Opinion letter to The Honorable Harold F. Reisch
52-78	Apr 20		Opinion letter to The Honorable Richard C. Hamilton
55-78	Aug 4	COUNTIES. COUNTY COURTHOUSE. RECORDER OF DEEDS.	Although an abstract business cannot generally lease space in a county courthouse for abstract business such business has the right to inspect and copy records in the office of the recorder of deeds or in a space close thereto under the supervision of the recorder of deeds and upon payment of charges fixed by the county court for the use of space and supervisory personnel upon the same terms afforded the public generally. There is no authority for an abstract company or any private individual to use county equipment for such copying.
57-78	Apr 21		Opinion letter to The Honorable George E. Murray
59-78	Jul 11		Opinion letter to The Honorable Harry Hill
60-78	Mar 10	TAXATION (SALES).	Senate Bill No. 367, 79th General Assembly, does not allow an individual who sells a motor vehicle to another individual to claim the selling price as a deduction against the purchase price of a new replacement vehicle for the purpose of computing Missouri sales tax except when such sale or sales amount to over $3,000 a year.
62-78	Mar 17		Opinion letter to Dr. James Frank
67-78	Oct 24		Opinion letter to The Honorable Al Nilges
68-78	Jun 22		Opinion letter to The Honorable Richard J. DeCoster
70-78	Feb 28		Opinion letter to Mr. Patrick Cronan
71-78	May 26		Opinion letter to The Honorable John Buechner
72-78	Feb 28		Opinion letter to The Honorable Gerry Durnell
73-78	Mar 3		Opinion letter to The Honorable Marvin Proffer
74-78	Feb 27		Opinion letter to The Honorable Thomas M. Keyes
76-78	Mar 6		Opinion letter to The Honorable J. B. Banks
78-78	Mar 15		Opinion letter to The Honorable Carrol J. McCubbin
82-78	Apr 25		Opinion letter to The Honorable Bradshaw Smith
84-78	Mar 28	ELECTIONS. CITY ELECTIONS.	When a school district holds a regular election on the first Tuesday of April, 1978, and the City of Springfield, a constitutional charter city, submits a special question at such election the costs of the election are to be paid pursuant to Section 115.067, (Section 2.520 of SSHB No. 101, First Regular Session, 79th General Assembly), of the Comprehensive Election Act of 1977.
86-78	Mar 22		Opinion letter to The Honorable Sam Doutt
88-78	Aug 24		Opinion letter to The Honorable Charles H. Baker
89-78	Mar 15		Opinion letter to The Honorable Robert Fowler
91-78	Sep 26	DEPARTMENT OF MENTAL HEALTH. STATE FUNDS.	1. Revenue generated by activities of facilities of the Department of Mental Health, such as the operation of commissaries, canteens, and work activity centers, should be deposited into the state treasury and credited to the general revenue fund. 2. The expenditure of money received from such activities should be controlled by the legislature through the appropriations process. 3. Subject to the direction of the director of the Department of Mental Health, a superintendent of a mental health facility may permit a not-for-profit corporation to operate a commissary or cafeteria on the premises for the benefit of the facility patients.
93-78	Jul 24	COUNTIES. JUVENILES. COUNTY COURT. COUNTY BUILDINGS.	The County Court of St. Charles County acting for the county of St Charles, Missouri may under the applicable Missouri statute purchase a preexisting building for utilization as a juvenile detention facility and that said building to be purchased may be located outside the city limits of the county seat of St. Charles County.
95-78	Apr 3		Opinion letter to The Honorable Ralph Uthlaut, Jr
97-78	Jun 8	SCHOOLS. DRIVER'S EDUCATION.	A school district may not grant credit for courses for which a fee is paid to a not-for-profit corporation established to provide courses which the district itself cannot or does not provide.
99-78	Apr 13	ELECTIONS. SCHOOL ELECTIONS.	Subsection 3 of Section 115.517 of the Comprehensive Election Act of 1977, which requires a special election in case of a tie vote, is applicable to annual school elections at which directors are elected.
100-78	Apr 4	PUBLIC DEFENDER. GOVERNOR. OFFICERS. STATE OFFICERS.	Appointments by the Governor to the Public Defender Commission do not require Senate approval.
104-78	Sep 27		Opinion letter to The Honorable Marion Cairns
105-78	Oct 12		Opinion letter to The Honorable Ronald L. Boggs
106-78	Jun 22		Opinion letter to C. Duane Hensley, Ph.D.
108-78	Apr 28		Opinion letter to Dr. Arthur L. Mallory
109-78	Jun 22		Opinion letter to Dr. Arthur L. Mallory
110-78	Sep 26		Opinion letter to The Honorable Glenn Binger
111-78	Apr 28		Opinion letter to The Honorable Milt Harper
114-78	May 9		Opinion letter to The Honorable Carl H. Muckler
116-78	Jun 23		Opinion letter to The Honorable Robert L. Cox
117-78	May 23		Opinion letter to The Honorable James F. McHenry
119-78	Jun 1		Opinion letter to The Honorable Milt Harper
120-78	Jul 12		Opinion letter to Mr. Robert S. Townsend
121-78	Sep 26		Opinion letter to The Honorable George K. Hoblitzelle
122-78	Oct 17		Opinion letter to The Honorable Timothy J. Patterson
124-78	Jun 22		Opinion letter to Dr. Arthur L. Mallory
126-78	Oct 19	REAL ESTATE BOARD. REAL ESTATE COMMISSION.	The use of a guaranteed home purchase program as an inducement to obtain customers is a violation of Section 339.100(12), Senate Bill No. 811, 79th General Assembly, Second Regular Session.
128-78	Jun 9		Opinion letter to The Honorable James C. Kirkpatrick
129-78	Jun 22		Opinion letter to Dr. Arthur L. Mallory
130-78	Jun 22		Opinion letter to Dr. Arthur L. Mallory
131-78	Jul 5		Opinion letter to The Honorable George P. Dames
133-78	Sep 6	SCHOOLS. SCHOOL TRANSPORTATION.	1. State aid for transportation to and from public accredited vocational education courses should be paid in the 1978-79 school year on the basis of the costs of these services in the 1977-78 school year. 2. A school district has authority to present a proposition to rescind to the voters only where transportation and a tax increase has previously been approved. 3. A school district which has been authorized by the voters to provide transportation for pupils living less than one mile from school without an increase in the tax levy may thereafter submit to the voters a proposition to transport such children with an increase in the tax levy. 4. A school board may prescribe such reasonable rules and regulations to determine the eligibility of pupils for transportation so long as such rules or regulations are not a clear abuse of their discretion, fraudulent or otherwise in excess of their authority. 5. H.B. 969 does not repeal the provisions of Section 167.231 contained in H.B. 971 and both acts are in full force and effect.
134-78	Aug 18	SCHOOLS. PUBLIC SCHOOL RETIREMENT SYSTEM. TEACHERS.	Senate Bill No. 906 of the Second Reqular Session, 79th General Assembly, effective August 13, 1978, relating to membership and prior service credit in the Public School Retirement System of Missouri does not authorize a reapplication for election by a member of the system to pay previous withdrawals or refunds to reinstate prior service credit.
135-78	Jul 5		Opinion letter to Dr. Arthur L. Mallory
136-78	Jul 21	ESCHEATS. BANKS. CREDIT UNIONS.	Notices which are required to be mailed by financial institutions under S.C.S.H.C.S.H.B. 896 & 897, Second Regular Session, 79th General Assembly, effective August 13, 1978, relating to unclaimed property, should be mailed promptly after August 13, 1978, and, thereafter, on or before the first day of August as provided in such act.
139-78	Jul 21		Opinion letter to The Honorable Thomas A. Villa
140-78	Sep 6	SCHOOLS. SCHOOL TRANSPORTATION.	1. School districts which were authorized by the voters to provide transportation to pupils living more than one-half mile from school under the former provisions of Section 167.231 may continue to do so irrespective of the enactment of H.B. 969. 2. School districts may assist parents in contracting with private carriers to transport children to and from school. 3. This office will not render an opinion on the constitutionality of Section 167.231(3) of H.B. 969.
141-78	Sep 27		Opinion letter to Dr. William R. Goodge
143-78	Jul 25		Opinion letter to The Honorable Meredith Ratcliff
144-78	Sep 7	CITIES, TOWNS & VILLAGES. CHARTER CITIES. AMBULANCES.	Ambulances owned and operated by a constitutional charter city and licensed by the state under ss 190.100-190.190, RSMo Supp. 1975, must be insured as required by s 190.120, RSNo Supp. 1975 and 13 CSR 50-40.030 and the city may not self-insure to meet this requirement.
146-78	Jul 31		Opinion letter to The Honorable John G. Meyer
150-78	Sep 6		Opinion letter to The Honorable John E. Casey
152-78	Jul 31		Opinion letter to Mrs. Carolyn Ashford
153-78	Oct 26	ESCHEAT. SAVINGS AND LOAN. CONSUMER AFFAIRS, REGULATION, AND LICENSING.	The posting of quarterly and annual statements of earned dividends in the United States mail, postage prepaid, and addressed to the last known address of the account holder with a sufficient return address on the face of the envelope by savings and loan associations constitutes “other written evidence” under Section 362.390.4, V.A.M.S., relating to escheat of unclaimed property when the statements are not returned undelivered and are returnable mail under postage regulations and such mailings are reflected in the records of the associations in the regular course of their business. For the purposes of publication of notice under Section 362.395.1, V.A.M.S., the Missouri legislature intended that reasonable notice be given in that the notice of publication should be in an appropriate newspaper in the city or village in the county where the association has an office and the unclaimed account is located. Section 362. 390.1, V.A.M.S., provides that the report required thereunder is filed every seventh year beginning in September, 1978, and not each year.
154-78	Oct 18	STATE TAX COMMISSION. DIRECTOR OF REVENUE. DEPARTMENT OF REVENUE.	As of August 13, 1978, the effective date of Senate Bill No. 661, 79th General Assembly, the State Tax Commission of Missouri lost jurisdiction to review any final decision of the Director of Revenue in an income tax dispute except where a petition to review a final decision was filed with the Commission prior to that date. Review of any final decision of the Director of Revenue in an income tax dispute rendered on or after August 13, 1978, is governed by the provisions of Senate Bill No. 661 and must be lodged with the Administrative Hearing Commission pursuant to the requirements of Section 161.273 of said bill.
155-78	Aug 29		Opinion letter to The Honorable John E. Casey
156-78	Oct 19	INSURANCE.	A medical malpractice assessment association under Chapter 383, V.A.M.S., is required to become a member of the Missouri Insurance Guaranty Association and to pay premiums and assessment to such association as required by law.
159-78	Sep 5		Opinion letter to The Honorable James C. Kirkpatrick
161-78	Oct 17		Opinion letter to The Honorable Michael J. Lybyer
162-78	Sep 13		Opinion letter to The Honorable James C. Kirkpatrick
166-78	Oct 13		Opinion letter to Mr. Gerald H. Goldberg
167-78	Oct 18	TAXATION. AMBULANCE DISTRICTS.	The provision of Section 67.110, RSMo Supp. 1976, which requires certain political subdivisions to fix ad valorem property taxes not later than September 20th of each year for entry in the tax books is directory and not mandatory. Therefore, an ambulance district organized in 1978 and which elects directors November 7, 1978, can levy taxes for the year 1978.
168-78	Oct 2	ELECTIONS. COUNTY HEALTH CENTER OFFICERS. COUNTY OFFICERS:.	Under the provisions of Section 205.031, House Bill 971, Second Regular Session, 79th General Assembly, the election for the office of county health center trustee is at the municipal election, the first Tuesday in April.
169-78	Oct 18	HOSPITALS. COUNTY HOSPITALS. CITY HOSPITALS. BONDS. REVENUE BONDS.	The provisions of Section 205.161, RSMo Supp. 1975 authorizing the use of revenue bonds for the construction of county hospital “related facilities” do not authorize the construction of a building to be rented to physicians and dentists for their professional use.
170-78	Oct 12		Opinion letter to The Honorable James Russell
171-78	Oct 2	COUNTIES. COUNTY PURCHASES. COUNTY CONTRACTS. COUNTY PROPERTY. PUBLIC NOTICES.	A third class county which wishes to repair and remodel a recently purchased building for use as additional office space for county officials must comply with the provisions of Section 50.660, RSMo.
174-78	Nov 30		Opinion letter to The Honorable Theodore L. Johnson III
178-78	Dec 8	MENTAL HEALTH. MUNICIPAL COURTS.	The municipal courts of Missouri do not have jurisdiction to commit individuals to facilities of the Department of Mental Health for evaluation or treatment pursuant to Sections 552.020 or 552.040, RSMo.
179-78	Oct 3	ELECTIONS. CORRUPT PRACTICES.	A corporation, labor union or other organization which only makes campaign contributions or expenditures in excess of $500 from its own funds or property is not a “committee” for purposes of the campaign financing act and is therefore not required to meet with the organizational and reporting requirements of committees under §§ 130.021, 130.036 and 130.041, V.A.M.S.
180-78	Dec 29	ELECTIONS. NURSING HOME DISTRICTS. STATUTORY CONSTRUCTION.	Each voter in a nursing home district election shall vote for the director from his district as provided in House Bill 1208, Second Regular Session, 79th General Assembly, and not for all six directors, as provided in House Bill 971, Second Regular Session, 79th General Assembly. Such bills should be merged to give effect to new provisions and the provisions of such bills which are reenactments which conflict with new matter will give way to such new matter. Where the legislature has deleted old provisions in one bill but has not done so in the other bill, such deletions should be given effect.
187-78	Oct 20		Opinion letter to Mr. Stephen C. Bradford
189-78	Nov 13		Opinion letter to The Honorable C. E. Hamilton, Jr.
193-78	Nov 17		Opinion letter to The Honorable John A. Parks
194-78	Dec 29	PROSECUTING ATTORNEYS. FEES, COMPENSATION AND SALARIES. STATUTORY CONSTRUCTION.	With respect to the amendments made to Section 56.310, RSMo 1969, by House Bill No. 1052 and House Bill No. 1634, both enacted by the 79th General Assembly, Second Regular Session, that the prosecuting attorney fees provided for in House Bill No. 1052 remain in effect after January 2, 1979.
198-78	Dec 12		Opinion letter to The Honorable James F. McHenry
200-78	Nov 22		Opinion letter to The Honorable Robert L. Dunning
201-78	Apr 11		Opinion letter to The Honorable Kenneth J. Rothman
203-78	Dec 20		Opinion letter to The Honorable Michael J. Lybyer

1978 Missouri Attorney General's Opinions

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1978 Missouri Attorney General's Opinions