1973 MISSOURI ATTORNEY GENERAL'S OPINIONS

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Opinion Date Topic Summary
2-73 Mar 29 COMPTROLLER.
CRIMINAL COSTS.
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.
5-73 Dec 11 Opinion letter to the Honorable Donald E. Lamb
6-73 May 2 COUNTIES.
SHERIFFS.
COUNTY PROPERTY.
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.
7-73 June 19 INSURANCE.
PENSIONS.
RETIREMENT.
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.
8-73 Jan 5 COMPENSATION.
COUNTY RECORDER.
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.
9-73     Withdrawn
12-73 Feb 23 Opinion letter to Herbert R. Domke, M.D.
14-73 Jan 30 Opinion letter to Mr. Joseph Jaeger, Jr.
15-73 Feb 7 Opinion letter to the Honorable Charles M. LeCompt
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.
18-73 May 18 Opinion letter to the Honorable Robert O. Snyder
20-73 Jan 4 Opinion letter to the Honorable Max Patten
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.
22-73 Mar 9 ELECTIONS.
CONSTITUTIONAL LAW.
A law calling for an election on the question of whether or not to hold a constitutional convention may be enacted by initiative.
23-73 Mar 13 SCHOOLS.
TEACHERS.
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.
MOTOR VEHICLES.
DRIVER'S LICENSE.
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.
FEES.
COSTS.
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.
27-73 Mar 9 SCHOOLS.
TUITION.
JUVENILES.
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.
28-73 Mar 13 Opinion letter to Mr. Joseph Jaeger, Jr.
29-73 Apr 9 Opinion letter to Mr. Robert Neuenschwander
31-73 Mar 28 PAUPERS.
INDIGENTS.
COUNTY COURTS.
ANATOMICAL BOARD.
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 COURTS.
PUBLIC 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.
33-73 Jan 5 FEES.
LICENSES.
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.
34-73     Withdrawn
35-73 Dec 14 ANIMALS.
AGRICULTURE.
STATE VETERINARIAN.
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.
37-73 Dec 13 Opinion letter to the Honorable N. William Phillips
38-73 Feb 14 ELECTIONS.
RESIDENCE.
TAXATION (INCOME).
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.
40-73   Withdrawn
41-73 Nov 6    Opinion letter to the Honorable L. Edward Stone, Jr.
42-73 Jan 29 TAXATION (INCOME).
CONSTITUTIONAL LAW.
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.
43-73 Nov 15 SCHOOLS.
TEACHERS.
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.
44-73 Dec 13 Opinion letter to the Honorable C. E. Hamilton, Jr.
47-73 Feb 7 Opinion letter to the Honorable Christopher S. Bond
48-73 June 26 Opinion letter to Major General Charles M. Kiefner
49-73 Mar 15 Opinion letter to Mr. Charles Shaffer
51-73 Feb 23 Opinion letter to the Honorable Gene McNary
53-73 Mar 1 COURTS.
PROBATE COURTS.
RETIREMENT.
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.
54-73 Jan 5 Opinion letter to the Honorable John Sims
56-73 Jan 17 JURY.
DEPOSITS.
COURT COSTS.
MAGISTRATE COURTS.
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.
58-73 Aug 21 SCHOOLS.
TEXTBOOKS.
TUITION.
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.
60-73 Jan 17 LICENSES.
NURSING HOMES.
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.
61-73 Apr 11 Opinion letter to Herbert R. Domke, M.D.
62-73 Jan 5 Opinion letter to the Honorable Frank Bild
63-73     Withdrawn
65-73 Jan 5 CONFLICT OF INTEREST.
GOVERNOR.
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.
68-73 Apr 5 SCHOOLS.
TAXATION (SCHOOLS).
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.
69-73 Mar 13 Opinion letter to Mr. Joseph Jaeger, Jr.
71-73 Jan 23 Opinion letter to the Honorable Walter H. Mueller, Jr.
73-73 Mar 14 SCHOOLS.
CONSTITUTIONAL LAW.
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.
74-73 Mar 20 Opinion letter to the Honorable Cloy E. Whitney
75-73 Mar 14 Opinion letter to the Honorable Ralph Uthlaut, Jr.
77-73 Feb 21 COOPERATIVE AGREEMENTS.
MOTOR VEHICLES.
LICENSES.
FEE AGENTS.
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.
78-73 Jan 23 Opinion letter to the Honorable William A. Peterson
80-73 Jan 30 Opinion letter to the Honorable Donald L. Manford
81-73 Feb 13 Opinion letter to Mr. James B. Boillot
82-73 Feb 13 Opinion letter to Mr. James B. Boillot
84-73 Mar 9 CRIMINAL LAW.
MINORS.
PHYSICIANS.
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.
85-73     Withdrawn
87-73 Feb 16 COUNTY HEALTH CENTERS.
COUNTY COURT.
COUNTIES.
HEALTH.
RABIES.
ANIMALS.
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.
LEGISLATORS.
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 an appointment 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.
92-73 June 19 Opinion letter to the Honorable George J. Donegan
96-73 Oct 11 Opinion letter to Mr. Clifford L. Summers
97-73 Mar 22 Opinion letter to the Honorable Donald L. Manford
100-73 Feb 13 Opinion letter to Mr. James E. Riney
101-73 Mar 22 Opinion letter to the Honorable Earl L. Schlef
102-73 Feb 13 Opinion letter to the Honorable C. F. Cline
103-73 Mar 27 Opinion letter to the Honorable Edna Eads
104-73 Oct 2 SCHOOLS.
TEACHERS.
TEACHER TENURE.
TEACHERS' CERTIFICATES.
(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 168.114 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.
105-73 Mar 6 Opinion letter to Herbert R. Domke, M.D.
106-73 Mar 21 COSTS.
PROBATE COURT.
CIRCUIT CLERKS.
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.
107-73 Mar 9 COUNTIES.
CONSTITUTIONAL CHARTER COUNTIES.
FINANCIAL STATEMENT.
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.
PUBLIC DEFENDER.
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.
113-73 Mar 29 MILK.
FARMERS.
DAIRIES.
AGRICULTURE.
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 Sept 12 STATE EMPLOYEES RETIREMENT SYSTEM.
MAGISTRATE CLERKS.
MAGISTRATES.
RETIREMENT.
PENSION.
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.
118-73 Apr 11 LIBRARIES.
COUNTY LIBRARIES.
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.
120-73 Mar 27 Opinion letter to the Honorable James I. Spainhower
121-73     Withdrawn
122-73 Mar 14 Opinion letter to the Honorable Albert Spradling
123-73     Withdrawn
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.
125-73 Mar 20 Opinion letter to the Honorable Robert Fowler
126-73 Apr 5 OFFICERS.
ASSESSORS.
COMPENSATION.
COUNTY OFFICERS.
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.
RETIREMENT.
PENSIONS.
GOVERNOR.
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.
129-73     Withdrawn
130-73 July 30 Opinion letter to the Honorable Wayne Goode
132-73  Apr 9   Opinion letter to the Honorable James I. Spainhower
133-73 May 3 TORT DEFENSE FUND.
DEPARTMENT OF CORRECTIONS.
PHYSICIANS.
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.
134-73 May 7 LICENSES.
MENTAL HEALTH.
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.
135-73 Mar 14 Opinion letter to Mr. Charles Valier
136-73     Withdrawn
137-73 May 4 Opinion letter to Mr. Harold L. Fridkin
139-73 Apr 17 Opinion letter to Herbert R. Domke, M.D.
142-73 May 23 Opinion letter to the Honorable Earl L. Schlef
143-73 May 2 ELECTIONS.
REGISTRATION.
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.
145-73 June 1 Opinion letter to the Honorable Walter H. Mueller, Jr.
147-73 Apr 19 Opinion letter to the Honorable William Dick Fickle
149-73 July 11 SCHOOLS.
SCHOOL DISTRICTS.
TAXATION (SCHOOLS).
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.
150-73 Apr 19   Opinion letter to the Honorable Clifford B. Mayberry
151-73 May 3 BOATS.
CONSTITUTIONAL LAW.
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.
152-73 May 11 Opinion letter to the Honorable William J. Esely
153-73     Withdrawn
154-73     Withdrawn
157-73 Oct 2 SCHOOLS.
CONTRACTS.
CONSTITUTIONAL LAW.
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.
160-73 Apr 9 Opinion letter to the Honorable Wesley A. Miller
163-73 July 24 ORDINANCES.
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.
164-73 Apr 9 Opinion letter to the Honorable Jewel Kennedy
165-73 May 30 TAXATION.
UTILITIES.
ASSESSMENTS.
COUNTY ASSESSOR.
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.
167-73 June 19 Opinion letter to the Honorable C. David Darnold
169-73 June 11 SUPREME COURT RULES.
CITIES, TOWNS & VILLAGES.
CONCEALED WEAPONS.
FIREARMS.
POLICE.
BONDS.
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 June 4 CRIMINAL LAW.
SUNDAY SALES.
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.
172-73 May 11 PRINTING.
GENERAL ASSEMBLY.
PURCHASING AGENT.
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 committees or commissions must be purchased by the commissioner of administration pursuant to the provisions of Sections 34.170 through 34.250, RSMo.
173-73 June 18 Opinion letter to Ms. Margie Butler
176-73 Dec 21 COUNTIES.
COUNTY PURCHASES.
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.
177-73 May 7 Opinion letter to the Honorable William B. Waters and the Honorable Stan Thomas
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.
179-73 June 8 Opinion letter to the Honorable William Raisch
180-73 May 24 Opinion letter to the Honorable Donald J. Hancock
181-73 May 4 Opinion letter to the Honorable Vic Downing
182-73 May 7 Opinion letter to the Honorable Lawrence J. Lee
183-73 Dec 27 Opinion letter to the Honorable DeVerne Calloway
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.
185-73 May 15 GOVERNOR.
DIVISION OF WELFARE.
PUBLIC CALAMITY.
CONSTITUTIONAL LAW.
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.
186-73 May 17 UNIVERSITIES.
APPROPRIATIONS.
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.
188-73 Aug 13 Opinion letter to Mr. James L. Wilson
191-73 May 24 Opinion letter to Dr. Richard S. Brownlee
193-73 May 30 Opinion letter to the Honorable Robert Fowler
194-73 May 29 OFFICERS.
PUBLIC DEFENDERS.
GENERAL ASSEMBLY.
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 Sept 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.
198-73 May 29 Opinion letter to Mr. B. W. Robinson
200-73 May 30 Opinion letter to Mr. James S. McClellan
202-73 June 5 Opinion letter to Dr. Arthur L. Mallory
203-73     Withdrawn
205-73 June 27 Opinion letter to the Honorable Frederick T. Dyer
209-73 June 11 Opinion letter to the Honorable John D. Schneider
214-73 July 20 Opinion letter to Dr. Arthur L. Mallory
216-73 June 27 Opinion letter to Dr. Arthur L. Mallory
217-73     Withdrawn
218-73 Aug 21 CLEAN AIR.
AIR CONSERVATION.
The Missouri Air Conservation Commission does not have the authority under Chapter 203, V.A.M.S., to prevent the construction of “complex sources” when it is determined that such sources may indirectly cause ambient air quality standards to be violated. 
222-73 Sept 4 Opinion letter to the Honorable Christopher S. Bond 
224-73 July 11 ELECTIONS.
PRIMARIES.
POLITICAL PARTIES.
VOTING MACHINES. 
A voter using a voting machine in a state primary election must declare the political party for which he desires to vote or that he wishes to vote a nonpartisan ballot before entering the voting booth. The voting machine must be set so that the voter can vote only according to such choice. 
225-73 Nov 19 STATE AGENCY.
CONSTITUTIONAL LAW.
ENVIRONMENTAL PROTECTION AGENCY. 
The Environmental Improvement Authority (EIA), created by House Bill No. 1041, 76th General Assembly, is not a “state agency” within the meaning and operation of Sections 13, 23, 24, and 27 of Article IV of the Constitution of the state of Missouri and that the revenues of the Authority are not within the meaning of “state funds” as used in Article IV, Section 15. 
227-73 Aug 20 Opinion letter to the Honorable Jack E. Gant 
228-73 June 28 MENTAL HEALTH.
JUVENILES.
MINORS.
The Division of Mental Health has the authority and the duty to charge for the care and treatment of a juvenile committed to the Division of Mental Health by the juvenile court or transferred to the Division of Mental Health from the State Board of Training Schools pursuant to Section 211.201, RSMo, if such person is determined to be a private patient pursuant to the provisions of Section 202.863, RSMo. 
229-73 Aug 20 WATER POLLUTION.
SEWERS.
Municipalities and sewer districts have authority to make the user charges to industries required by the Federal Water Pollution Control Act Amendments of 1972 and to establish the reserves for future expansion or reconstruction. 
232-73 Nov 16 Opinion letter to Mr. Charles L. Arnold, Sr.
233-73 Nov 7 Opinion letter to Mr. John A. Hailey 
234-73     Withdrawn
235-73 Dec 6 Opinion letter to Colonel Samuel S. Smith 
236-73 Nov 21 Opinion letter to the Honorable Ralph L. Martin 
238-73 Nov 8 ELECTIONS.
REGISTRATION.
The provisions of Section 51.310 (House Bill No. 667, 77th General Assembly), which provide for additional compensation to certain county clerks for performance of duties under Section 51.121 (House Bill No. 667, 77th General Assembly), constitute an increase in compensation to county clerks of counties in which the county clerk was required to perform the duties under Section 51.121, RSMo 1969, before September 28, 1971, and is not effective during such clerks’ present terms of office but is effective as to clerks coming under the provisions of Section 51.121 after September 28, 1971. Such payments may be made for 1974 and thereafter to clerks in counties in which registration is first required under House Bill No. 20, 77th General Assembly. 
239-73 Aug 21 SHERIFFS.
MAGISTRATES.
MAGISTRATE CLERKS.
FINES, PENALTIES & FORFEITURES. 
CCSHCS for Senate Bill No. 100 of the 77th General Assembly, effective September 28, 1973, authorizes the clerks of the magistrate courts of certain counties to collect fines, penalties and forfeitures and other sums of money accruing to the stat e by virtue of a magistrate court order but requires the sheriffs of such counties to make such collections if the clerks do not do so.
240-73 Aug 24 TAXATION (INCOME).
CONSTITUTIONAL LAW. 
The property tax relief act for the elderly (CCSHB Nos. 149, 417, 425, 471 and 47, 77th General Assembly) applies for the entire calendar year of 1973. 
241-73 Oct 11 Opinion letter to the Honorable William E. Seay
242-73 Dec 21 Opinion letter to Mr. Jack Smith
244-73 July 20 Opinion letter to Ms. Ann Bowling
245-73 July 20 Opinion letter to Mr. Henry Maddox
247-73 Dec 20 LIBRARIES. House Bill 1114 of the 76th General Assembly, Section 182.620, V.A.M.S., provides two alternative methods for the creation of a consolidated public library district. One calls for action by the respective library boards and the county court or the county chief executive officers and the other for an election after a petition of five percent of the registered voters has been submitted. If the first procedure is followed, a district is created and no election under the second procedure may be held to rescind the action creating the district.
248-73 Aug 8 Opinion letter to the Honorable James I. Spainhower
249-73 July 30 Opinion letter to Dr. Arthur L. Mallory
251-73 Aug 27 Opinion letter to the Honorable James A. Noland, Jr.
255-73 Aug 22 ST. LOUIS COURT OF CRIMINAL CORRECTIONS.
BONDS.
BAIL.
Under Section 479.120, RSMo, the St. Louis Court of Criminal Corrections is in session every day of the week, except Sundays, state and national holidays unless the court has adjourned. The fact that the judge is not sitting on the bench is not determinative of whether the court is still in session. Only after the judge has officially adjourned the court for the day or for a longer period of time may the clerk of the St. Louis Court of Criminal Corrections set and accept bail as provided for under Section 544.530 (House Bill No. 1160, 76th General Assembly) and Supreme Court Rule 32.01. The clerk must look to the rulings of the court to determine when it has adjourned and thus is no longer “in session.”
256-73 Dec 6 Opinion letter to the Honorable William S. Brandom
262-73 Sept 4 RECORDERS.
DEEDS OF TRUST.
When mortgages or deeds of trust have been recorded on microfilm, the acknowledgment of satisfaction or release can be executed only by written release as required by Chapter 443, RSMo, and recorded on microfilm as provided in Section 109.120, RSMo.
265-73 Aug 30 ELECTIONS.
REGISTRATION.
COUNTY CLERKS.
Persons who are legally registered to vote under the provisions of Chapters 114 and 116, RSMo, on September 28, 1973, are not required to re-register under House Bill No. 20, 77th General Assembly.
269-73 Aug 22 Opinion letter to the Honorable Robert O. Snyder
270-73 Sept 20 Opinion letter to the Honorable James A. Noland, Jr.
273-73 Nov 7 Opinion letter to the Harold P. Robb, M.D.
274-73 Sept 5 ELECTIONS.
REGISTRATION.
1. It is mandatory that registration of voters in counties that adopted voter registration under Chapter 114, RSMo, be commenced by September 15 following the election at which voter registration was adopted. 2. Counties which have adopted voter registration under Chapter 114, RSMo, prior to September 28, 1973, will not be reimbursed by the state for cost of registration under Section 22 of SSHCSHB No. 20. 3. Only persons who are registered voters in Cole County are eligible to vote on November 6, 1973, on the formation of a county-wide sewer district.
275-73 Opinion letter to School Boards Employing Restrictive Insurance Practices
276-73 Sept 5 AGE.
POLICE.
OFFICERS.
The provision of Section 84.480, RSMo Supp. 1971, which prohibits the appointment of a person as chief of police of Kansas City who is “more than sixty years of age” applies to a person who has reached his sixtieth birthday.
278-73 Dec 20 Opinion letter to Mr. Charles O’Halloran
279-73 Dec 20   Opinion letter to Mr. Charles O’Halloran
282-73 Sept 18 LICENSES.
AMBULANCES.
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 effective July 1, 1974. However, since Section 1, subsection (8) 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.
284-73 Sept 4 Opinion letter to the Honorable Wesley A. Miller
285-73 Nov 14 Opinion letter to Mr. Peter W. Salsich, Jr.
287-73 Dec 21 LABOR.
FEMALE LABOR.
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.
288-73 Dec 21 LABOR.
FEMALE LABOR.
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.
291-73 Sept 18 TAXATION.
ASSESSMENTS.
TAXATION (SCHOOLS).
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.
295-73 Dec 19 Opinion letter to the Honorable Paul L. Bradshaw
296-73 Sept 26   Opinion letter to the Honorable Clarence W. Hawk
299-73     Withdrawn
300-73 Oct 23 LEASES.
PURCHASING AGENT.
The state may, under Chapter 34, RSMo, negotiate directly for all leases of real estate, and such leases do not have to be bid.
301-73     Withdrawn
303-73 Nov 13 Opinion letter to Dr. Arthur L. Mallory
304-73 Sept 27 Opinion letter to Reuben R. Rhoades
306-73 Oct 15 SHERIFFS.
MAGISTRATES.
MAGISTRATE CLERKS.
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.
310-73 Dec 14 APPROPRIATIONS.
ADOPTED CHILDREN.
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.
PUBLIC RECORDS.
SUNSHINE BILL.
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.
312-73 Dec 17 FINES.
COUNTIES.
CRIMINAL LAW.
CITY ORDINANCES.
COUNTY ORDINANCES.
CONSTITUTIONAL LAW.
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.
321-73 Dec 10 ARRESTS.
CRIMINAL PROCEDURE.
PUBLIC RECORDS.
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.
323-73 Dec 10 BAIL.
POLICE.
SUMMONS.
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.
COUNTY COUNCIL.
PUBLIC MEETINGS.
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 be open to the public by Section 2 of said bill.
332-73 Nov 16 LEGISLATORS.
GENERAL ASSEMBLY.
CONSTITUTIONAL LAW.
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.
341-73 Dec 19 Opinion letter to the Honorable Cloy E. Whitney
342-73 Nov 21 APPROPRIATIONS.
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.
352-73 Dec 28 Opinion letter to Mr. James R. Spradling
354-73 Dec 13 SUNSHINE BILL.
CRIMINAL PROCEDURE.
CRIMINAL LAW.
ARREST.
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.
358-73 Dec 13 Opinion letter to the Honorable Richard E. Martin
361-73 Dec 6 Opinion letter to the Honorable Max Bacon and the Honorable George J. Donegan
363-73 Dec 4 CRIMINAL LAW.
PUBLIC DEFENDER.
COOPERATIVE AGREEMENTS.
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.
375-73     Withdrawn