Skip to page content Skip to site navigation
Home :: Open Government :: Opinions :: 1980
AG Chris Koster | FAQs
Missouri Attorney General

1980 Missouri Attorney General's Opinions

Search opinions by year

Search opinions by keyword(s)

 

Search the opinions using the search features available to the right.

Browse the 1980 Attorney General's opinions and opinion letters using the table below.

 

1980 Missouri Attorney General's Opinions

OPINION DATE TOPIC SUMMARY
1-80 Aug 26 Opinion Letter to The Honorable James F. Antonio
3-80 Apr 3 CITY ATTORNEY.
CITY COUNSELOR.
CITIES, TOWNS, AND VILLAGES.
For the purposes of §§ 105.300, et seq., RSMo Supp. 1979, providing for social security tax reporting, the city attorney elected pursuant to § 77.370, RSMo 1978, is an employee of a third class city; the city counselor appointed under § 98.340, RSMo 1978, is an employee of a third class city; a special attorney appointed under § 98.340, RSMo 1978, is not an employee of a third class city. The city attorney of a fourth class city under § 79.230, RSMo 1978, is an employee of a fourth class city. Depending upon the legal relationship as defined by ordinance, under § 79.230, RSMo 1978, a special counsel may become an employee of a city as assistant city attorney for social security purposes. A town or village may have an attorney who would be an employee pursuant to § 105.300(2), RSMo Supp. 1979, or may employ a special counsel who would be an independent contractor but the nature of the relationship would depend upon the ordinance and agreement with that particular attorney.
4-80 Jan 25 COMMUNITY MENTAL HEALTH CENTER.
MENTAL HEALTH.
1) Tax levy proposals submitted to a county vote for the purpose of establishing or maintaining a community mental health service shall specify the exact amount of the proposed levy.

2) Tax levy proposals may be submitted to a county vote during either a primary or general election.

3) Notice by publication shall be given by the clerk of the governing body in the manner provided for in § 205.979, S.B. 652 79th General Assembly.
7-80 May 7 Opinion Letter to The Honorable James L. Mathewson
9-80 Aug 4 EDUCATION.
DEPARTMENT OF MENTAL HEALTH.
Parents of school-aged handicapped or severely handicapped children admitted to the Department of Mental Health may not be charged for special education and related services. If the admissions of any such children is necessary for them to receive appropriate special education and related services, then their parents may not be charged for special education, related services, nonmedical care, and room and board. School districts and special school districts are obliged to pay towards the costs of special education and related services rendered by the Department of Mental Health to its full-time patients or residents. Absent a contractual provision, we find no authority for the Department of Mental Health to charge the State Board of Education for special education it chooses to render to patients and residents of its facilities.
10-80 Aug 4 EDUCATION. DEPARTMENT OF MENTAL HEALTH. Parents of school-aged handicapped or severely handicapped children admitted to the Department of Mental Health may not be charged for special education and related services. If the admissions of any such children is necessary for them to receive appropriate special education and related services, then their parents may not be charged for special education, related services, nonmedical care, and room and board. School districts and special school districts are obliged to pay towards the costs of special education and related services rendered by the Department of Mental Health to its full-time patients or residents. Absent a contractual provision, we find no authority for the Department of Mental Health to charge the State Board of Education for special education it chooses to render to patients and residents of its facilities.
11-80 Jun 18 COUNTY COLLECTORS. COMPENSATION. County collector of Morgan County is entitled to a commission for collecting delinquent and back taxes of two percent on the amount of delinquent or back tax plus interest and penalties, pursuant to 52.290, RSMo.
12-80 Mar 13 DIVISION OF CORRECTIONS. CRIMINAL LAW. A defendant sentenced to serve consecutive terms of imprisonment under the new criminal code must have his actual conditional release date computed by adding up the total of his prison terms on his respective consecutive sentences. He should be released on conditional release at the end of that total period of time. The length of his conditional release period is determined by adding the total of the conditional release terms on the respective consecutive sentences.
14-80 Jul 29 Opinion Letter to Mr. Al F. Holmes, Jr.
16-80 Feb 29 Opinion Letter to Mr. David R. Freeman
17-80 Jun 20 SAVINGS AND LOAN. The Director of the Division of Savings and Loan Supervision may not recognize additional sources of revenue to that division for purposes of the director's computation of just and reasonable per diem charges, but these examination charges should approximate in amount the total of the actual per diem charges for all division personnel participating in the examination and other expenses incurred by the division on account of that examination, as specified in subsection 1 of § 369.324.
19-80 Jul 16 Opinion Letter to Mr. F. M. Wilson
20-80 Apr 21 VETERANS.
SOLDIERS AND SAILORS.
PUBLIC SCHOOL RETIREMENT SYSTEM.
The opinion of this office is as follows:

1. The provisions of subsection 3 of § 169.055 RSMo 1978, relating to the eligibility of a teacher to receive military service credit for military duty in the Armed Forces of the United States of America during an emergency involving national defense have been preempted to the extent that they are in conflict with § 2024 of Chapter 43 of Title 38 of the United States Code Annotated.

2. A teacher is eligible to receive military service credit as a member of the Public School Retirement System of Missouri upon meeting all other statutory requirements of § 169.055 RSMo 1978.
22-80 Jul 24 Opinion Letter to The Honorable Carl Muckler
24-80 Jul 31 Opinion Letter to The Honorable Richard J. Fredrick
26-80 Oct 21 SCHOOLS. Section 167.241, RSMo Supp. 1979, does not authorize a school board that does not maintain an approved high school offering work through the twelfth grade to designate an unapproved high school for attendance by resident pupils who have completed the work of the highest grade offered in the schools of the district, both by reason of § 167.131, RSMo 1978, and the provisions of § 167.241, RSMo Supp. 1979, requiring the board only to choose from high schools that meet minimum classification standards adopted by the State Board of Education.
28-80 Mar 4 Opinion Letter to The Honorable Edward E. Ottinger
29-80 Feb 14 Opinion Letter to The Honorable Alex J. Fazzino
30-80 Sep 24 Opinion Letter to The Honorable Dotty Doll
31-80 Jun 27 Opinion Letter to The Honorable Stephen Bradford
32-80 Jan 17 Opinion Letter to Mr. David R. Freeman
33-80 Jan 21 COUNTIES.
COUNTY JUDGES.
MILEAGE.
County court judges of second class counties are not authorized to charge the county mileage for travel from their home to the courthouse for meetings of the court.
34-80 Jan 17 Opinion Letter to the Honorable Flavel J. Butts
35-80 Mar 17 Opinion Letter to The Honorable Flavel J. Butts
36-80 Feb 11 Opinion Letter to The Honorable Harry Hill
37-80 Jan 21 COUNTY CLERKS. The $3.00 fee which the county clerk is authorized to receive for his services pursuant to § 51.410, RSMo Supp. 1979, does not apply where a different statute prescribes the fee which is to be charged and, in the absence of an express statutory provision, does not apply to services rendered by the clerk to the county, other political subdivisions or special districts of the state or to public officers of the state and local governments in the performance of their duties.
38-80 Aug 7 Opinion Letter to The Honorable Russell G. Brockfeld
41-80 Jul 11 MENTAL HEALTH. A mental health board of trustees established pursuant to §§ 205.975, RSMo, et seq., cannot hold title to real property or issue tax anticipation notes. However, the county courts, as governing bodies of a third class county, can hold title to real property. Such county court can issue tax anticipation notes for mental health boards based upon the anticipated revenues to be derived from a tax levy under § 205.980, RSMo.
42-80 Mar 26 Opinion Letter to Mr. Stephen R. Sharp
43-80 Feb 13 Opinion Letter to The Honorable Dennis K. Hoffert
44-80 May 9 Opinion Letter to The Honorable Phil Barry
45-80 Jul 9 Opinion Letter to The Honorable Don Randall
46-80 Nov 6 MERIT SYSTEM.
PERSONNEL BOARD (DIVISION).
1. Regulations of the Personnel Advisory Board promulgated under § 36. 350, RSMo Supp. 1979, apply to all state agencies, merit and non-merit, except the University of Missouri.

2. Dismissal procedures under § 36.390.5, RSMo Supp. 1979, apply to non-merit agencies under § 36.390.7, RSMo Supp. 1979, unless they adopt similar procedures under § 36.390.8, RSMo Supp. 1979, except that such procedures need not apply to employees in policymaking positions, members of the military or law enforcement agencies or employees of academic institutions under § 36.390.8.

3. Agencies subject to § 36.390.7 and not excepted therefrom are not prohibited from changing from one procedure to another in the processing of dismissals. Any procedure so established by a nonmerit agency does not need to be formulated as a rule under Chapter 536, RSMo 1978, unless otherwise required by a statute which is peculiar to that agency.

4. Section 36.510, RSMo Supp. 1979, is applicable to all state agencies except the University of Missouri.

5. Sections 36.350, 36,390, and 36.510 are not applicable to the legislative or judicial branches or to elective officials of the executive branch or to agencies having a bi-state character.
48-80 Jan 22 Opinion Letter to The Honorable Ed Bushmeyer
49-80 Apr 17 Opinion Letter to The Honorable Harriett Woods
50-80 Jan 15 TAXATION.
ASSESSMENT.
Under the provisions of Senate Bill No. 247, 80th General Assembly, county collectors are required to deduct from property tax collections for each taxing authority, except the State, each authority's share of the estimated costs incurred under reassessment plans approved by the State Tax Commission. The first deduction is to be made from taxes due December 31, 1979.
55-80 Oct 28 CARL.
DENTISTS.
DENTAL BOARD.
REORGANIZATION ACT.
Neither the Division of Professional Registration nor the Department of Consumer Affairs, Regulation and Licensing has the authority to employ, prohibit the employment of, discharge, supervise, set the salaries for, or otherwise control statutorily authorized employees of the Missouri Dental Board, including, in particular, investigators or inspectors; except, however, the Division of Professional Registration now possesses the authority to employ, direct and control personnel which provide the clerical and other staff services which relate solely to the issuance and renewal of licenses.
56-80 Feb 4 Opinion Letter to The Honorable Tom R. Williams
58-80 Feb 7 CRIMINAL LAW.
BLIND TRUST.
CITY COUNCILMAN.
CITIES, TOWNS AND VILLAGES.
1. A city councilman of a thirdclass city who enters into a contract with that city for the purpose of leasing certain concession rights in exchange for a percentage of the revenue thereof violates § 106.300, RSMo 1978, which prohibits city officers from being directly or indirectly interested in city contracts; and

2. The above violation cannot be avoided by the use of a “blind trust.”
59-80 Apr 9 Opinion Letter to Mr. Fred A. Lafser
61-80 Feb 26 Opinion Letter to The Honorable Flavel J. Butts
62-80 May 20 LIQUOR. A temporary caterer's permit may be issued by the Missouri Division of Liquor Control to a qualified applicant under § 311.485, RSMo, even though the premises involved are already licensed to a different licensee under other provisions of the state liquor laws.
63-80 Oct 28 DEPARTMENT OF MENTAL HEALTH. The Department of Mental Health has the authority to create the “patient's trust fund” by C.C.S.H.B. 1724, Sections 630.305 through 630.315, 80th General Assembly. The Department of Mental Health has the authority to expend funds from the “patient's trust fund” either to provide patients or residents “easy access” to their funds or to spend the funds as representative payee or other fiduciary under public or private benefit arrangements. The Department of Mental Health has the authority under Sections 630.305 through 630.315 to administer the “patient's trust fund” without the approval or supervision of any other state agency.
64-80 Jan 9 Opinion Letter to The Honorable C. E. Hamilton, Jr.
65-80 Feb 8 Opinion Letter to The Honorable Philip R. Pruett
66-80 Mar 3 Opinion Letter to The Honorable Leroy Blunt
67-80 LIQUOR. Missouri statutes prohibit licensed liquor establishments from dispensing liquor during certain hours on the primary election day, the first Tuesday after the first Monday in August of even-numbered years, and the general election day, the first Tuesday after the first Monday in November of even-numbered years.
69-80 Feb 5 Opinion Letter to The Honorable Joe Moseley
71-80 Jan 30 Opinion Letter to Dr. Arthur L. Mallory
73-80 Feb 6 Opinion Letter to The Honorable LeRoy Braungardt
74-80 Jul 14 Opinion Letter to The Honorable John E. Scott
75-80 Nov 19 SCHOOLS.
SCHOOL TRANSPORTATION.
A. A board of education may provide transportation to and from school for pupils who live less than three and one-half miles from school if the parents agree in writing to pay the actual cost of transporting the pupils.

B. A board of education may not lease the school buses purchased from school district funds to a PTA council for the purpose of transporting pupils who live less than three and one-half miles from school if the parents agree in writing to pay the actual cost of transporting the pupils.
76-80 Mar 14 Opinion Letter to The Honorable Dale K. Miller
77-80 Mar 19 Opinion Letter to Dr. Arthur L. Mallory
78-80 Nov 19 GAMBLING.
CRIMINAL LAW.
LAS VEGAS NIGHT.
A “Las Vegas Night” held by a not-for-profit corporation constitutes gambling in violation of the provisions of Chapter 572, RSMo 1978; and that the corporation and its officers may be found in violation of §§ 572.030 or 572.040, RSMo 1978, which prohibit the promotion of gambling.
79-80 Feb 8 Opinion Letter to The Honorable John C. Andrews
80-80 Sep 5 Opinion Letter to The Honorable Gary G. Sprick
81-80 Jul 21 Opinion Letter to The Honorable John C. Andrews
82-80 May 21 TAXATION.
ASSESSMENT.
With respect to the provisions of stat. relating to costs of reassessment, that the terms “taxing jurisdiction” and “taxing authority” have essentially the same meaning; in calculating the percentage of reassessment costs, the county collector should include in the formula all ad valorem real and personal property tax collections, including distributable property taxes; if the county collector undercharges a taxing jurisdiction in estimating the costs of reassessment for a particular year, it is proper for him to make a deduction to recover the undercharge in future tax years; and he is to pay the taxing authority what it has due because of overcharges, as provided in stat.
83-80 Jul 21 Opinion Letter to Dr. Arthur L. Mallory
84-80 Feb 26 Opinion Letter to The Honorable Richard M. Webster
85-80 Sep 5 Opinion Letter to The Honorable John E. Scott
89-80 Oct 24 A Chapter 355 corporation may be merged into a Chapter 352 corporation, in the manner provided in Section 352.150. Once a judicial determination of lawfulness of the merger between two such corporations has been made, the secretary of state must file the facially valid documents presented to him as required by law.
92-80 Mar 7 MISSOURI STATE EMPLOYEES' RETIREMENT SYSTEM. It is the opinion of this office with respect to the question concerning a loan of funds of the Missouri State Employees' Retirement System to the Chrysler Corporation to be secured by land in the state of Michigan that: 1. Section 379.080 RSMo authorizes a loan by the Retirement System secured by improved unencumbered real estate worth at least two times the amount of the loan; 2. Section 376.300 RSMo, Senate Bill 322, 80th General Assembly authorizes a loan by the Retirement System not exceeding one percent of the system's assets and not more than 75% of the fair market value of the unencumbered real estate; 3. The prudent man rule is applicable to the Board of Trustees of the Retirement System acting under either of the above sections.
95-80 Jun 30 BAIL.
SCHOOLS.
A school district is a poltiical subdivision within the meaning of the Missouri Supreme Court Rule 33.17 and, under the provisions of such rule, a local school board member cannot be accepted as a surety on a bail bond.
97-80 Apr 16 CRIMINAL LAW.
CRIMINAL PROCEDURE.
If a drug offender, otherwise qualifying for expungement of his conviction under § 195.290, RSMo 1978, receives any disposition of his offense other than judicial probation, he is not entitled to the expungement of his conviction under this statute.
98-80 Mar 7 Opinion Letter to The Honorable James C. Kirkpatrick
101-80 Jun 18 MENTAL HEALTH. The Department of Mental Health and its facilities should deposit monetary grants, gifts, donations, devises and bequests to the credit of the Mental Health Trust Fund. State purchasing requirements relating to bids must be complied with unless it is impossible to make such purchases on a bid basis because of the provisions of the donations or bequests or if the property is of a technical nature in which case direct purchases can be authorized.
102-80 Apr 7 Opinion Letter to The Honorable Betty C. Hearnes
103-80 Apr 15 Opinion Letter to The Honorable Al Nilges
105-80 Jul 17 Opinion Letter to The Honorable Richard M. Webster
107-80 May 13 ELECTIONS. REGISTRATION. Provisions of 115.157, RSMo, authorize an election authority having registration information in computerized form to determine whether or not tapes or printouts will be furnished to candidates upon request without charge. If such tapes or printouts are furnished to any candidates upon request and without charge, they must be furnished to all candidates within the jurisdiction of the election authority upon request and without charge.
108-80 Apr 8 Opinion Letter to The Honorable Robert Jackson
109-80 May 22 ELECTIONS. NEWSPAPERS. COUNTY CLERK. PUBLIC NOTICES. When an election is held in a political subdivision or a special district which is located within the jurisdiction of more than one election authority in situations where the provisions of 115.023, subsections 3 and 4, are not applicable that the notice of election is to be given by the election authority of the county with the greatest proportion of the political subdivision's or special district's registered voters, and that if two newspapers of different political faith which are qualified under Chapter 493, RSMo, are published within the bounds of the area holding the election, the notice is to be published in such newspapers. If there is only one such newspaper, then the notice shall be published in such newspaper. If there is no newspaper published within the bounds of the election area, then the notice shall be published in two qualified newspapers of different political faith serving the area. The election authority may provide any additional notice of the election it deems desirable.
111-80 Dec 23 Opinion Letter to The Honorable James C. Kirkpatrick
112-80 May 23 COUNTIES. OFFICE OF ADMINISTRATION. MILEAGE. COUNTY JUDGES. Under the provisions of 33.095, RSMo, in every county other than a first class charter county, county employees who are paid a mileage allowance or reimbursement will have that allowance or reimbursement computed at the rate of seventeen cents per mile, as set by order of the Commissioner of Administration, unless a higher rate is specifically authorized by statute. The seventeen cent per mile rate will prevail over the ten cent per mile rate provided for county court judges of second class counties under 49.100, RSMo, although mileage can only be paid for travel authorized by 49.100. Such a county court does not have authority to pay a mileage allowance to such employees other than the seventeen cents per mile authorized by the Commissioner of Administration or a higher rate, if authorized by a statute. Section 33.095 has no effect on sheriffs' mileage fees which are taxable as court costs.
113-80 Jun 6 Opinion Letter to Dr. James Frank
116-80 Apr 3 Opinion Letter to Honorable John Dennis
120-80 Apr 10 Opinion Letter to Honorable James C. Kirkpatrick
121-80 Jul 25 Opinion Letter to Honorable Richard M. Webster
123-80 Mar 27 Opinion Letter to Dr. Paul R. Ahr
124-80 Sep 9 Opinion Letter to The Honorable Stephen R. Sharp
127-80 Sep 23 Opinion Letter to The Honorable Paul Dietrich
129-80 Jul 30 Opinion Letter to The Honorable Allan G. Mueller
133-80 May 28 Opinion Letter to The Honorable Charles L. Moore
137-80 Jun 24 Opinion Letter to The Honorable Thomas J. Brown, III
139-80 Aug 29 Opinion Letter to Dr. Arthur L. Mallory
140-80 Aug 14 Opinion Letter to The Honorable Harriett Woods
141-80 Jun 11 Opinion Letter to The Honorable Al Nilges
142-80 Jun 16 Opinion Letter to The Honorable James R. Strong
143-80 Jun 19 Opinion Letter to The Honorable Estil V. Fretwell
144-80 Jun 22 PROSECUTING ATTORNEY.
ASSISTANT PROSECUTING ATTORNEYS.
Assistant prosecuting attorneys in first class counties not having a charter form of government may be employed on a part-time basis and may be allowed to engage concurrently in private civil law practice.
145-80 Jul 22 JUDGES.
ELECTION.
A magistrate judge who was elected to a full term in November of 1978 in Jackson County became an associate circuit judge under the nonpartisan court plan on January 2, 1979, and is entitled to serve a full four-year term beginning January 1, 1979, through December 31, 1982, and therefore does not run for retention in 1980. Associate circuit judges in St. Louis County who were appointed by the governor after the general election in 1978 and before January 2, 1979, to fill additional magistrate positions or to fill a vacancy under repealed §§ 482.010.3 or 482.020 complete the terms for which they were appointed December 31, 1980, and shall run for retention at the general election in 1980 for a term of office ending December 31, 1984. Associate circuit judges who were appointed by the governor after the general election in 1978 and before January 2, 1979, as additional magistrates or to fill a vacancy under repealed §§ 482.010.3 or 482.020, in courts not under the nonpartisan court plan will complete the terms for which they were appointed December 31, 1980, and the persons elected to such offices at the November election in 1980 will serve the remainder of the term of the office ending December 31, 1982.
146-80 Aug 13 Opinion Letter to David R. Freeman
148-80 Oct 29 Opinion Letter to The Honorable James F. Antonio
149-80 Jun 27 Opinion Letter to The Honorable Joe D. Holt
152-80 Oct 22 STATE FIRE MARSHAL.
PUBLIC RECORDS.
Section 320.235, RSMo 1978, permits the State Fire Marshal to release investigatory statements, testimony and reports to the public, provided that such statements, testimony and reports are not required to be kept confidential by any state or federal law.
153-80 Nov 7 ASSESSMENTS.
ASSESSORS.
The funds designated by Senate Bill No. 679, § 2, 80th General Assembly, are not in lieu of the twenty-five percent funding for reassessment provided by § 137.750.2(3), RSMo Supp. 1980 , and these funds may be spent for both general reassessment purposes and for ongoing assessment costs. Further, the county court need not approve expenditure of all money collected under Senate Bill No. 679, § 2. Finally, counties under township organization do not come within the provisions of Senate Bill No. 679 so that the present means of funding the costs of the assessment functions in these counties is not changed.
154-80 Nov 17

 

CRIMINAL LAW.
DIVISION OF CORRECTIONS.
PRISONERS.
Under § 589.040, RSMo Supp. 1980 , the Director of the Division of Corrections is to include, in the rehabilitation program for sexual assault offenders, all inmates who are presently serving sentences for sexual assault offenses, whether the imprisonment began prior or subsequent to the effective date of § 589.040, RSMo Supp. 1980.
155-80 Jul 23 COUNTY COLLECTORS. A second class county collector is not entitled to retain any of the fees collected under § 151.280, RSMo.
156-80 Jul 18 ELECTIONS.
CANDIDATES.
A candidate committee formed for a prior election and still in existence is required to make a disclosure report of expenditures and contributions under § 130.041, RSMo, if it has made any expenditures or received any contributions since its last required disclosure report without regard to the amount spent or received unless the treasurer of such committee properly files a notarized statement under oath pursuant to § 130.046, RSMo Supp. 1979, with the appropriate officer stating that neither the aggregate amount of contributions received nor the aggregate amount of expenditures made by the committee during the reporting period exceeded one hundred dollars. A candidate with an existing candidate committee which has made expenditures or received contributions since its last required disclosure report for a previous election is not eligible to file an exemption statement under § 130.016, RSMo Supp. 1979. When neither the candidate nor the candidate committee has received contributions or made expenditures since the last required disclosure report, the candidate is eligible to file an exemption statement under § 130.016, RSMo Supp. 1979. Expenditures made by a candidate committee since its last required disclosure report for a previous election are reportable expenditures for the candidate's next election.
159-80 Jul 31 CITIES, TOWNS & VILLAGES.
CITY COURTS.
COURT COSTS.
A municipality coming within the provisions of §§ 590.100 to 590.150, RSMo, may impose a $2.00 court fee for peace officer training under § 590.140, RSMo, in addition to the maximum court costs provided under § 479.260, RSMo.
162-80 Sep 11 Opinion Letter to The Honorable Gary E. Stevenson
164-80 Sep 5 Opinion Letter to The Honorable Truman E. Wilson
165-80 Aug 11 Opinion Letter to The Honorable Richard M. Webster
166-80 Aug 22 SHERIFFS.
COMPENSATION.
Money the sheriff of a second class county receives for copying offense reports, serving process from other counties, and acting as a special commissioner in partition sales should be paid to the county treasury.
167-80 Aug 22 SHERIFFS.
COMPENSATION.
Money the sheriff of a second class county receives for copying offense reports, serving process from other counties, and acting as a special commissioner in partition sales should be paid to the county treasury.
168-80 Aug 22 SHERIFFS.
COMPENSATION.
Money the sheriff of a second class county receives for copying offense reports, serving process from other counties, and acting as a special commissioner in partition sales should be paid to the county treasury.
169-80 Aug 22 SHERIFFS.
COMPENSATION.
Money the sheriff of a second class county receives for copying offense reports, serving process from other counties, and acting as a special commissioner in partition sales should be paid to the county treasury.
171-80 Aug 15 CART.
INTEREST.
COUNTY FUNDS.
Interest earned by a county on money which the county receives from the County Aid Road Trust Fund should be credited to the county road and bridge fund and not to the county general revenue fund.
173-80 Dec 19 POLICE.
ARRESTS.
CITY POLICE.
DEPUTY SHERIFFS.
Municipal police officers do not have the power to arrest ordinance violators outside the limits of the municipality, except when the officer is in “hot pursuit” of the violator and is an officer of the municipality in a first class county having a charter form of government or is an officer of a constitutional charter city which provides for such an exception, and, furthermore, municipal police officers holding a valid deputy sheriff's commission do not have power to arrest ordinance violators outside the municipal limits.
174-80 Jul 30 Opinion Letter to Dr. Paul R. Ahr
176-80 Aug 29 Opinion Letter to The Honorable Joe Moseley
177-80 Sep 8 MISSOURI STATE EMPLOYEES' RETIREMENT SYSTEM.
PENSION.
RETIREMENT.
1. A refund of accumulated contributions could be paid to a circuit court clerk who terminates his membership and requests a refund under the provisions of subsection 2 of § 104.350 of House Bill 983 as enacted by the 80th General Assembly.

2. A refund of accumulated contributions could be paid to a beneficiary or the estate of a circuit court clerk under the provisions of subsection 3 of § 104.372 of House Bill 983 as enacted by the 80th General Assembly in the event of the death of a circuit court clerk.

3. A refund of accumulated contributions could be paid to a circuit court clerk at retirement under the present provisions of subsection 2 of § 104.372 of House Bill 983 as enacted by the 80th General Assembly.

4. A refund of accumulated contributions could not be paid to a circuit court clerk prior to retirement under the present provisions of subsection 4 of § 104.372 of House Bill 983 as enacted by the 80th General Assembly and signed into law by the Governor on February 14, 1980.
179-80 Aug 22 ELECTIONS. (1) Presidential electors are state officers elected to statewide office. Consequently, in order for a new party to meet the statutory requirements of § 115.315, RSMo 1978, and nominate presidential electors and place its candidate for the United States President before this State's electorate it must meet the signature and petition requirements imposed by § 115.315.4, RSMo 1978.

(2) If a new political party submits a petition in which some of its candidates meet the requirements of § 115.315, RSMo 1978, and others do not, those that do are legally entitled to be placed on the ballot.

(3) In order for a new political party to place its candidates on the ballot in this State it must give a complete list of the names and addresses, including the street and number, of all candidates to be nominated for office, as specifically called for in § 115.315.2(3), RSMo 1978.
180-80 Oct 30 Opinion Letter to The Honorable Marion G. Cairns
181-80 Oct 27 JUVENILES.
DRIVING WHILE INTOXICATED.
A sixteen year old person arrested for violation of a state or municipal traffic ordinance or regulation, the violation of which does not constitute a felony, who refuses to submit to a chemical test to determine the alcoholic content of his or her blood, is subject to provisions of § 577.050, RSMo, relating to penalties for failure to submit to such test.
182-80 Sep 2 Opinion Letter to The Honorable Ralph Uthlaut, Jr.
186-80 Nov 3 ARRESTS.
CRIMINAL LAW.
CRIMINAL PROCEDURE.
Arrest record information, including fingerprints and mugshots, which are “closed” pursuant to § 610.100, RSMo 1978, may not be used in connection with a subsequent criminal investigation or in any other manner not relating to the prosecution for the offense for which the arrest was made.
187-80 Sep 24 Opinion Letter to The Honorable Marvin E. Proffer
189-80 Sep 19 Opinion Letter to The Honorable Meredith Ratcliff
190-80 Oct 30 LIQUOR.
ELECTIONS.
It is lawful for a city or municipality to enact an ordinance prohibiting the sale of liquor on days of any special, county, township, city, town or municipal election.
191-80 Nov 13 Opinion Letter to The Honorable Truman E. Wilson
193-80 Sep 18 ELECTIONS.
WRITE-INS.
CANDIDATES.
Section 115.351, RSMo, which prohibits a person who files as a candidate for office from filing for such office for the same term as an independent candidate without withdrawing, does not apply to a person who files as a write-in candidate under § 115.453, RSMo Supp. 1979, after losing in a primary contest for the same office. Therefore, a person who was defeated as a candidate for an office in a party primary is entitled to have counted for him at the November election write-in votes under the provisions of § 115.453, if he complies with the filing requirements of such section.
196-80 Nov 13 Opinion Letter to The Honorable Edwin L. Dirck
198-80 Nov 13 Opinion Letter to The Honorable Paul Bradshaw
203-80 Nov 5 Opinion Letter to The Honorable William J. Hannah
204-80 Oct 2 Opinion Letter to The Honorable F. M. Wilson
206-80 Jul 25 Opinion Letter to The Honorable Wayne Goode
207-80 Oct 20 Opinion Letter to The Honorable Melvin Smith
212-80 Nov 12 Opinion Letter to The Honorable Gary G. Sprick
217-80 Oct 23 CIRCUIT JUDGES. An associate circuit judge of the probate division of the circuit court who was a probate judge on January 2, 1979, does not become a circuit judge of the probate division in a county of the second class which first attains a population of over 65,000 inhabitants under the 1980 official Census.
221-80 Oct 17 Opinion Letter to The Honorable Fred B. Brummel
222-80 Oct 23 Opinion Letter to The Honorable Robert B. Paden
242-80 Dec 16 Opinion Letter to The Honorable William A. Peterson
 
State homepage   |    Missouri statutes   |    Forms   |    Site Map   |    Accessibility   |    Privacy Policy   |    Contact Us  Follow AGO on Twitter!  RSS Feed  RSS Feed