1977 MISSOURI ATTORNEY GENERAL'S OPINIONS

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Opinion Date Topic Summary
6-77 Mar 17 STATE EMPLOYEES.
HIGHWAY PATROL.
RETIREMENT.
PENSIONS.
An employee of the state of Missouri who was employed by the Missouri State Highway Patrol from January 19, 1946 until February 24, 1946, and who then resigned to reenlist in the United States Army, and who subsequently served continuously in the United States Army until May of 1965, and who went to work for the state of Missouri in August of 1965, and has continuously been employed by the state since that time, is not entitled to receive prior state or military service credit with the Missouri State Employees' Retirement System from January, 1946 until August, 1965.
8-77 June 6 LICENSES.
NURSING HOMES.
The Board of Nursing Home Administrators is required to assess and collect a fee of $50 prior to the examination of an applicant for license and the Board may not waive this fee when an applicant is reexamined on part of the examination.
10-77 Apr 7 COORDINATING BOARD FOR HIGHER EDUCATION.
STATE ANATOMICAL BOARD.
REORGANIZATION ACT.
Monies received by the State Anatomical Board are to be deposited in the state treasury. Expenditures are to be made by such board from appropriations by the General Assembly.
13-77 Dec 30 Opinion letter to Mr. Owens Lee Hull, Jr.
14-77 Apr 27 CREDIT UNIONS.
CONSUMER AFFAIRS, REGULATION, AND LICENSING.
A credit union in possession is not required to pay for the operating expense and compensation of a regular employee of the Division of Credit Unions who, as a part of his official duties, is operating the credit union in possession on behalf of the Director of the Division of Credit Unions.
15-77 Feb 2 Opinion letter to Mr. Robert H. Daugherty
16-77 Feb 1 Opinion letter to Mr. Kenneth Karch
17-77 Aug 25 Opinion letter to The Honorable James C. Kirkpatrick
20-77 Jan 14 CRIMINAL LAW.
LOTTERIES.
GAMBLING.
(1) Section 563.374, RSMo 1969 would not prohibit the printing of advertisements or other promotional material in Missouri for use in consumer sweepstakes conducted outside this state when the printed material is shipped directly to the out-of-state locations.

(2) Section 563.430, RSMo 1969 and Section 563.440, RSMo 1969 do not apply to or prohibit the printing of advertisements or promotional material in Missouri for use in consumer sweepstakes conducted outside the state when the printed material is shipped directly to the out-of-state locations.
22-77 Jan 21  Opinion letter to Mr. Wm. Kenneth Carnes
23-77 May 18 CONSTITUTIONAL LAW.
COMMON PLEAS CLERKS.
The office of clerk of the Cape Girardeau Court of Common Pleas will be abolished as of January 2, 1979, when Article V, Section 27, Missouri Constitution, becomes effective.
25-77 Sept 27 Opinion letter to Mr. James F. Walsh
27-77 Feb 25 DRAINAGE DISTRICTS.
TAXATION.
The board of supervisors of a drainage district organized in the circuit court under provisions of Chapter 242, RSMo, may levy a tax for organizational purposes at different times provided that the total taxes levied for this purpose do not exceed the sum of one dollar per acre for each acre of land within the district.
28-77 Apr 28 ROADS AND BRIDGES.
DRAINAGE DISTRICTS.
The word “bridge,” as used in Section 242.350, RSMo, includes “culvert”; and drainage districts organized under the provisions of Chapter 242, RSMo, may utilize culverts rather than bridges where the drainage ditches of the district cross public roads.
29-77 Apr 11 MAGISTRATES. The civil jurisdiction of the magistrate courts, including the magistrate courts in the City of St. Louis, is provided for in Section 482.090 as amended by C.C.S.H.B. Nos. 1317 and 1098, 78th General Assembly, Second Regular Session, in the maximum amount of $5,000.
30-77 Jan 13 Opinion letter to The Honorable C. E. Hamilton, Jr.
31-77     Withdrawn
33-77 Feb 25 COOPERATIVE AGREEMENTS.
DEPARTMENT OF PUBLIC SAFETY.
LAW ENFORCEMENT ADMINISTRATION.
The Department of Public Safety, Missouri Council on Criminal Justice, although it does not have the authority to determine the number of and the geographical boundaries of regional criminal justice planning units which have been established by cooperative agreement by and between political subdivisions of the State of Missouri pursuant to the provisions of Section 70.220, RSMo 1969, can choose not to recognize the regional planning units as they presently exist, and is not required by state law to make federal money available to those presently existing regional criminal justice planning units for law enforcement planning purposes.
34-77 Mar 30 Opinion letter to Mr. Edwin M. Bode
35-77 Jan 20 COMPENSATION.
PROSECUTING ATTORNEY.
Section 56.280, RSMo Supp. 1975, relating to the compensation of prosecuting attorneys in counties of the third and fourth classes, does not repeal the provisions for additional compensation for such prosecuting attorneys under Sections 56.285 and 56.291, RSMo, and the prosecuting attorneys of such counties are entitled to compensation based on all such sections.
37-77 Jan 25 Opinion letter to Mr. James Walsh
38-77 Jan 7 Opinion letter to Dr. Arthur L. Mallory
39-77 Feb 25 LIQUOR.
SUNDAY SALES.
Persons holding licenses for the sale of intoxicating liquor by the drink and those holding licenses for the sale of malt liquor only are eligible for “Sunday sale” licenses under Section 311.097, RSMo Supp. 1975.
41-77 Jan 7 REORGANIZATION ACT.
DEPARTMENT OF REVENUE.
A Deputy Director of Revenue, appointed pursuant to Section 1.6(6) of the Omnibus State Reorganization Act, Appendix B, RSMo Cum. Supp. 1975, can hold such office and legally exercise all powers of the Director of Revenue for a period not to exceed six consecutive months in the event the Director of Revenue should resign.
42-77     Withdrawn
43-77     Withdrawn
50-77 Mar 2 PROSECUTING ATTORNEY.
CONCEALED WEAPONS.
Prosecuting attorneys are not conservators of the peace and are, therefore, not exempt from the provisions of Section 564.610, RSMo 1969, relating to carrying of concealed weapons.
52-77 July 19 Opinion letter to The Honorable Abe Paul
53-77 Dec 30 Opinion letter to Mr. William C. McIlroy
54-77 June 21 LIBRARIES.
CITY LIBRARIES.
The Jefferson City Library Board has no authority to establish a fund other than the funds specifically provided for by statute.
56-77 Aug 29 SNOWMOBILES.
MOTOR VEHICLES.
DRIVERS' LICENSES.
A snowmobile is not required to be registered and licensed as a motor vehicle, but it is unlawful to operate a snowmobile upon the highways of this state if it is not properly equipped and if the operator is not properly licensed.
60-77 Apr 8 COUNTY COURT.
DEPUTY ASSESSORS.
ASSESSORS.
A county assessor in a third class county may appoint such clerks and deputies as he deems necessary subject to the approval of the county court.
61-77 June 28 LIMITED DRIVING PRIVILEGES.
MOTOR VEHICLES.
DRIVERS' LICENSES.
LICENSES.
A magistrate court which convicts a driver, who is driving under a court order of a different court granting hardship driving privileges, of an offense which results in the assessment of points under the provisions of Section 302.302, RSMo Supp. 1975, other than a violation of a municipal stop sign ordinance where no accident is involved, is required, under Section 302.309, RSMo, to notify the driver, the director of revenue and the court which granted the order, of the conviction. Such magistrate court does not have the authority to require that the defendant surrender the order granting hardship driving privileges, although such order is terminated as a matter of law.
62-77 Mar 9 AMBULANCE DISTRICTS. An ambulance district may borrow money and become indebted in an amount not in excess of the anticipated revenue for the current year plus any unencumbered balances from previous years without a vote by the people.
64-77 Mar 17 TAXATION.
ASSESSMENT.
NEW MOTOR VEHICLES.
The assessed valuation of new motor vehicles held for sale in the ordinary course of business is to be determined pursuant to Section 150.040(2), and that this amount is not to be further reduced by virtue of Section 137.115, RSMo Supp. 1975.
65-77 Feb 23 POLICE.
CITY POLICE.
CITIES, TOWNS & VILLAGES.
INITIATIVE & REFERENDUM.
A fourth class city board of aldermen which has, with the approval of the voters, provided for the appointment of a chief of police under the provisions of Section 79.050, RSMo, has the authority to repeal such ordinance without approval of the voters and to reestablish the office of city marshal.
67-77     Withdrawn
68-77 Feb 23 APPROPRIATIONS.
GENERAL ASSEMBLY.
UNIVERSITY OF MISSOURI.
CONSTITUTIONAL LAW.
The legislature is not prohibited by Article IX, Section 9(a), Constitution of Missouri, when appropriating from general revenue to the Board of Curators for the University of Missouri, from specifying amounts for each campus.
69-77 Feb 15 CONSTITUTIONAL LAW.
UNIVERSITY OF MISSOURI.
GOVERNOR.
Pursuant to Article IV, Section 51, Constitution of Missouri, persons appointed by the Governor to administrative boards and commissions of the state, including persons appointed to the Board of Curators of the University of Missouri, which appointments were made while the Senate was not in session, but which appointments require confirmation by the Senate, cease to hold office after thirty days from the date the Senate next convened, if the Senate fails to act on said appointments and thereby did not give its advice and consent within thirty days after the Senate convened in special or regular session.
71-77     Withdrawn
72-77 Mar 1 Opinion letter to Mr. Theodore L. Johnson, III
76-77 Apr 20 AGRICULTURE.
CORPORATIONS.
FAMILY FARMS.
A corporation, incorporated for the purpose of farming and the ownership of agricultural land in Missouri, whose shares of voting stock are wholly owned and held by a family farm corporation, as defined by Section 350.010(5), RSMo Supp. 1975, is neither a “family farm corporation” nor an “authorized farm corporation” within the meaning of Section 350.010(2) or (5), respectively. It is our further opinion that the subsidiary corporation referred to above, which owned agricultural land and operated said land as a farm prior to September 28, 1975, may continue to engage in farming and acquire agricultural land in Missouri within the limitations imposed by Section 350.015(3). We are of the further opinion that the subsidiary corporation referred to above must file an annual report, giving the information required by Sections 350.020.1 and 350.020.4, with the Director of the Missouri Department of Agriculture. 
77-77 Mar 3 Opinion letter to The Honorable James A. Franklin, Jr.
79-77 June 27 CARL.
DEPARTMENT OF SOCIAL SERVICES.
DIVISION OF HEALTH.
CRIPPLED CHILDREN.
The method being used by the Division of Health, Missouri Crippled Children's Service, in connection with the supplying of hearing aids and custom-fitted earmolds, as above described, complies with the statutory requirements under Chapter 346, RSMo Supp. 1975.
80-77 Aug 17 WORKMEN'S COMPENSATION.
COUNTY COLLECTORS.
Employees in the office of county collector of a third class county are county employees for the purposes of workmen's compensation coverage under Chapter 287, RSMo
83-77 Apr 21 OFFICERS.
COMPENSATION.
COUNTY BUDGET.
COUNTY OFFICERS.
PROSECUTING ATTORNEY.
McDonald County is liable for any unpaid balance due the prosecuting attorney of McDonald County as salary provided for by statute for the years 1975 and 1976 without regard as to whether such salary was budgeted by the county court during such years.
85-77     Withdrawn
88-77 July 19 DEPUTIES.
COUNTY TREASURER.
A county court in a third class county is without authority to appoint a deputy county treasurer. A county treasurer in a third class county may appoint a deputy to perform ministerial duties at the expense only of the county treasurer. Signing checks under the provisions of Section 110.240, RSMo 1969, is a ministerial act which may be performed by a deputy county treasurer in the name of the county treasurer whose signature may be affixed by the use of a facsimile signature filed with the Secretary of State.
89-77 Apr 28 ROAD DISTRICTS.
ROADS AND BRIDGES.
The county court of a third class county not under township organization form of government may appoint one road overseer for two common road districts.
91-77 June 27 INSURANCE. Under Section 375.791, RSMo 1969, the Director of the Division of Insurance of the state of Missouri is not authorized to issue a certificate of authority to Lloyds, New York.
92-77 May 10 LEGISLATORS.
GENERAL ASSEMBLY.
The General Assembly may authorize the use of a state owned or leased automobile by a member of the General Assembly for official use.
93-77 June 28 SCHOOLS.
STATE AID.
A teachers' meeting held on the first day of a school term is to be considered a day of school operation in determining state aid under Section 163.021, RSMo Supp. 1975.
96-77     Withdrawn
97-77 May 11 MEDICAL EXAMINERS.
OSTEOPATHS.
DOCTORS.
The term “physician” as used in Section 58.705, RSMo Supp. 1975, refers only to physicians licensed under Chapter 334, RSMo.
98-77 May 25 CITIES, TOWNS & VILLAGES.
FOURTH CLASS CITIES.
POOR PERSONS.
A city of the fourth class has the authority to provide for the relief of its poor inhabitants.
101-77 Sept 28 GOVERNOR.
CRIMINAL LAW.
PARDON & PAROLES.
CRIMINAL PROCEDURE.
A governor's unconditional pardon of a person convicted of a crime does not operate to expunge the records pertaining to such person. Nor do §§ 610.100 and 610.105, RSMo Supp. 1975, require or authorize the expungement of such records.
102-77 May 16 SCHOOLS.
SCHOOL DISTRICTS.
The public school districts in this state may not use funds available to them under Part B of Title IV of the Elementary and Secondary Education Act of 1965 to provide the services described therein to nonpublic school children on nonpublic school premises. The Department of Elementary and Secondary Education may not provide assurances pursuant to Section 403(a)(3) of Title IV (20 U.S.C. § 1803(a)(3)) that Title IV funds will be used to benefit children attending nonpublic schools as required by Section 406 (20 U.S.C. § 1806).
105-77  May 17 

SCHOOLS.
COLLEGES.
UNIVERSITIES.
PUBLIC RECORDS. SUNSHINE LAW. 

All records of state colleges and universities concerning faculty and staff salaries and records relating to the financial condition of such colleges and universities, except those specifically excluded by state to members of the public or federal law, must be made available upon request. 
106-77 July 7 Opinion letter to The Honorable Gladys Marriott
107-77 Aug 16 Opinion letter to The Honorable Kaye Steinmetz
108-77 Apr 20 SCHOOLS.
SCHOOL DISTRICTS.
Section 117.011, RSMo, which prohibits the sale of a schoolhouse or school site until another site and house are provided does not apply to a six-director school district which proposes to sell two of its six elementary schools.
109-77 June 28 Opinion letter to The Honorable Richard J. DeCoster
110-77     Withdrawn
111-77 Apr 15 SHERIFFS.
CIRCUIT ATTORNEYS.
PROSECUTING ATTORNEYS.
The term “prosecuting attorney” referred to in the last sentence of Section 58.715, RSMo Supp. 1975, means, as applied to the City of St. Louis, the circuit attorney of the City of St. Louis. The duties of the sheriff which are prescribed by law for coroners are to be carried out by the circuit attorney of the City of St. Louis in case of a vacancy in the office of the sheriff of the City of St. Louis.
112-77 Apr 21 JUDGES. An incumbent magistrate judge who is presently over 76 years of age is required under the provisions of Section 476.458, RSMo Supp. 1976, to retire December 31, 1978, the end of his term.
113-77 Dec 27 Opinion letter to Mr. Stephen C. Bradford
115-77 Apr 27 Opinion letter to Dr. Arthur L. Mallory
116-77 Apr 27 Opinion letter to Dr. Arthur L. Mallory
117-77 Dec 7 STATE AUDITOR.
DEPARTMENT OF MENTAL HEALTH.
The State Auditor has access to information contained in individual personnel files maintained at the Department of Mental Health and its facilities even though parts of such files may be confidential to the extent that such files relate to the duty of the Auditor to post-audit the financial condition of such institutions.
118-77 Sept 27 Opinion letter to The Honorable Wesley S. Miller
120-77 May 4 ASSESSMENTS.
MOTOR VEHICLES.
Under the provisions of subsection 2 of Section 150.040, RSMo Supp. 1976, the gross amount received by the merchant for new motor vehicles is to be computed on the basis of the entire amount received from the sale of “new” motor vehicles as provided in Section 150.040(2), including the value of any trade-ins.
121-77 July 21 BANKS.
STATE AUDITOR.
DIVISION OF FINANCE.
The proper method of allocation of costs of bank examinations is for the Commissioner of Finance to estimate expenses pursuant to Section 361.170, RSMo 1969, and add an amount equal to fifteen percent of the estimated expenses to pay the costs of rent and other supporting services furnished by the state; and from that total amount, the Commissioner shall deduct the estimated amount of the anticipated annual income to the fund from all sources other than bank or trust company assessments. Then the Commissioner of Finance shall allocate and assess the remainder to the several banks and trust companies in the state on the basis of their total assets as reflected in the last preceding report called for by the Commissioner under Section 361.130, RSMo 1969.
122-77 May 24 Opinion letter to The Honorable C. E. Hamilton, Jr.
124-77 July 11 Opinion letter to The Honorable Nelson B. Tinnin
125-77 July 7 FIREMEN. Under the provisions of Sections 87.005 and 87.006, RSMo 1969, any fireman who has complied with the provisions of these sections and succumbs to any condition of impairment of health caused by any disease of the lungs or respiratory tract, hypertension, or disease of the heart resulting in total or partial disability or death it is to be presumed that it was suffered in the line of duty unless the contrary is shown by competent evidence.
126-77 Aug 23 Opinion letter to The Honorable Donald L. Manford
127-77 May 13 Opinion letter to Dr. Arthur L. Mallory
128-77 Aug 31 COMPENSATION.
COUNTY COLLECTORS.
COUNTY TREASURERS.
Under Section 54.320, RSMo Supp. 1975, an ex officio collector is entitled to: A. Three percent commission on the collection and paying over of all current or delinquent corporation, merchants' tax, license, and tax on railroads and is entitled to a two percent commission on the collection and paying over of all other delinquent taxes. B. Three percent commission on the collection and paying of taxes of a telephone company regardless of whether the company pays on a current basis or pays delinquent taxes. Section 151.280, RSMo 1969, does not apply to the commissions of ex officio collectors; and Section 52.260 (14) and (15), RSMo 1969, did not apply to an ex officio collector.
129-77 May 25 LEGISLATORS.
COMPENSATION.
Members of the State House of Representatives who take office after the beginning of a legislative term should have their first monthly salary prorated unless they take office on the first day of the month.
130-77 Oct 24 Opinion letter to The Honorable Wayne Goode
131-77 Nov 2 Opinion letter to Mr. James F. Walsh
134-77 Sept 27 SCHOOL FOR THE BLIND.
BLIND.
DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION.
School for the Blind Trust Funds may be used to finance a school for the blind facility which will serve children who are sighted but who are severely handicapped as well as children who are blind.
135-77 May 26 Opinion letter to Dr. Arthur L. Mallory
138-77 June 10 Opinion letter to The Honorable James C. Kirkpatrick
141-77 July 19 COUNTY COLLECTORS.
COUNTY DEPOSITARIES.
When the county court of a third class county, under Section 52.020.2, RSMo 1969, has required the county collector to deposit all daily collections of money in depositaries selected by the county courts in accordance with Sections 110.130 through 110.150, RSMo, the county collector must make such daily deposits in such county depositaries.
145-77 June 17 Opinion letter to Dr. Arthur L. Mallory
147-77 Dec 27 Opinion letter to Mr. John M. Keane
148-77 Sept 27 Opinion letter to Mr. John M. Keane
150-77 July 8 Opinion letter to Mr. James R. Hall
151-77 July 7 Opinion letter to The Honorable Harry Wiggins
153-77 Aug 25 AGRICULTURE.
AGRICULTURAL CORPORATIONS.
CORPORATIONS.
A corporation which owns agricultural land in Missouri, but does not engage in farming, is not required to file an annual report with the Director of the Missouri Department of Agriculture pursuant to Section 350.020.4, RSMo Supp. 1975.
155-77  July 6    Opinion letter to The Honorable James C. Kirkpatrick 
156-77  July 6    Opinion letter to The Honorable James C. Kirkpatrick 
157-77 June 29 Opinion letter to The Honorable James C. Kirkpatrick
158-77  June 29    Opinion letter to The Honorable James C. Kirkpatrick 
159-77  July 6    Opinion letter to The Honorable James C. Kirkpatrick 
161-77 Sept 20 Opinion letter to The Honorable Donald L. Manford
162-77     Withdrawn
163-77 Oct 20 PUBLIC SCHOOL RETIREMENT SYSTEM.
TEACHERS.
Under the provisions of House Bill 477 of the 79th General Assembly, effective September 28, 1977, amending Section 169.070, RSMo Supp. 1975, a member of the Public School Retirement System of Missouri with twenty-five years of creditable service, but less than sixty years of age, may retire and draw an actuarially reduced retirement allowance and the spouse named as beneficiary of a member who dies before retirement with twenty-five years of creditable service may elect to receive either survivorship benefits under option 1 of Section 169.070 as amended or a payment of the member's accumulated contributions.
164-77 Aug 23 Opinion letter to The Honorable Frank Bild
165-77 Aug 9 Opinion letter to Mr. Lowell McCuskey
166-77 Sept 27 ELECTIONS.
PRIMARIES.
CANDIDATES.
Declarations of candidacy for the 1978 primary election filed after the date of the 1976 November general election (November 2, 1976) and on or before the last Tuesday in April, 1978, are valid declarations of candidacy.
169-77 Aug 12 LEGISLATORS.
CONSTITUTIONAL LAW.
ARREST.
Section 19 of Article III of the Missouri Constitution, which excepts members of the Missouri General Assembly from arrest during a session of the Assembly, and 15 days prior to and after such session, does not apply to arrests which are criminal in nature and such legislators may be arrested during such sessions for criminal or ordinance violations.
172-77 Sept 27 Opinion letter to The Honorable Dotty Doll
173-77 Sept 27 Opinion letter to The Honorable Wendell Bailey
174-77 Dec 13 Opinion letter to The Honorable Garnett A. Kelly
176-77 Sept 28 MAGISTRATES.
ELECTIONS.
Under the amendments to Article V of the Missouri Constitution, effective January 2, 1979, the chief clerk of the magistrate court of Greene County elected under Section 483.495, RSMo Supp. 1975, becomes the chief clerk of divisions of the circuit court presided over by the associate circuit judges who were judges of the magistrate court on January 1, 1979. Unless otherwise provided for by law, there will be elected a chief clerk of the Greene County magistrate court at the November General Election, 1978, and the county clerk of Greene County is required to accept declarations of candidacy for such office.
177-77 Aug 10 OFFICE OF ADMINISTRATION.
CRIMINAL COSTS.
PRISONERS.
COUNTIES.
The per diem costs of incarceration of prisoners for which the state is responsible under the provisions of Chapter 550, RSMo, are to be determined by the Office of Administration pursuant to the provisions of Section 221.105, RSMo Supp. 1976.
178-77 Aug 10 Opinion letter to Dr. Arthur L. Mallory
179-77 Sept 28 COUNTY BUDGET. Necessary funds required for the enforcing of House Bill No. 601, 79th General Assembly, during 1977 are automatically included within the 1977 budgets of counties of the third class.
180-77 Dec 22 PROSECUTING ATTORNEYS.
DIVISION OF FAMILY SERVICES.
Pursuant to Section 2 of House Bill 601, First Regular Session, 79th General Assembly, the prosecuting attorney has authority and is required to litigate child support enforcement actions with respect to persons who are not recipients of public assistance but who have been referred by the Division of Family Services to him. The duty to litigate such actions includes the initiation of whatever action is necessary to enforce judgments including garnishment.
181-77 Nov 1 Opinion letter to The Honorable Henry A. Panethiere
182-77 Aug 17 Opinion letter to The Honorable Norman L. Merrell
183-77 Oct 6 Opinion letter to The Honorable Russell G. Brockfeld
186-77 Aug 22 Opinion letter to Dr. Arthur L. Mallory
188-77 Sept 30 SCHOOLS.
SCHOOL DISTRICTS.
SCHOOL TRANSPORTATION.
The distances set forth in Section 167.231, RSMo Supp. 1975, are to be measured from the door of the pupil's home to the door of the school along the most direct traveled route. An urban school district governed by Section 167.231 has no authority to transport pupils at district expense living less than one mile but more than one-half mile from school absent a favorable election for that purpose in accordance with that section. An urban school district governed by Section 167.231 has no authority to transport pupils at district expense who live less than one-half mile from school.
189-77 Oct 24 Opinion letter to Mrs. Carolyn Ashford
191-77 Oct 7 DEPUTIES.
SHERIFFS.
COUNTY COURT.
COMPENSATION.
The sheriff of a first class county without a charter form of government has the exclusive authority to hire or fire deputies, assistants, and other employees in his office and to establish the compensation for his staff within the limits of the allocations made for that purpose by the county court.
192-77 Oct 24 Opinion letter to The Honorable James I. Spainhower
194-77 Sept 27 Opinion letter to The Honorable Steven M. Gardner
195-77     Withdrawn
196-77 Nov 30  LAGERS.
PENSIONS.
COMPREHENSIVE EMPLOYMENT AND TRAINING ACT.
1. A political subdivision which is a member of the Missouri Local Government Employees’ Retirement System (LAGERS) may not withhold from LAGERS the employer’s share of contributions for full-time employees whose salaries are funded through the Comprehensive Employment and Training Act of 1973. 2. The Missouri Local Government Employees’ Retirement System (LAGERS) may not refund to a political subdivision the employer’s contributions attributable to any such employee who terminates his employment prior to the vesting of his benefits.
199-77 Dec 28 Opinion letter to The Honorable Samuel C. Jones
201-77     Withdrawn
203-77 Nov 22 GOVERNOR.
OFFICERS.
STATE OFFICERS.
CONSTITUTIONAL LAW.
Under the provisions of Section 51 of Article IV of the Missouri Constitution, a nomination made during a session of the Senate is not subject to the constitutional thirty-day limitation in which the Senate must act since such limitation is applicable only to appointments made when the Senate is not in session. The Governor has authority to withdraw the nomination of a person made during a session of the Senate at any time prior to adjournment of the Senate if the Senate has not acted on such nomination.
204-77 Dec 29 BONDS.
SCHOOLS.
STATE AUDITOR.
The State Auditor does have authority to register refunding building bonds of the Sedalia School District No. 200 of Pettis County, Missouri. Our opinion is limited solely to the facts presented.
205-77 Dec 13 RECORDER OF DEEDS.
UNIFORM COMMERCIAL CODE.
Section 59.310, as amended by Senate Bill No. 112, First Regular Session, 79th General Assembly, requires the print on any document to be recorded by the recorder of deeds to be 8 point and that if any document contains type smaller than 8 point such document must be accompanied by an exact typewritten copy thereof which will be recorded contemporaneously with the document.
206-77 Oct 26 NOTARY PUBLIC. Under the provisions of Senate Substitute for House Bill No. 513, First Regular Session, 79th General Assembly, effective January 1, 1978, notaries public commissioned before January 1, 1978, and whose commissions extend beyond that date are not required to obtain the $10,000 bond required by Section 8 of such Act unless and until such notaries renew their commissions after the expiration of such terms of office. On and after January 1, 1978, such notaries are subject to the civil and criminal liability provided in Sections 32 through 38 of the Act and have statewide authority to perform notarial functions under Section 3 of the Act.
208-77 Nov 1 Opinion letter to The Honorable Allan G. Mueller
210-77     Withdrawn
211-77 Dec 22 COMPENSATION.
ASSESSORS.
DEPUTIES.
The county assessor of a third class county retains authority to employ deputy and other clerical personnel subject to the approval by the county court of the amount authorized notwithstanding the amendment of Section 53.071, RSMo Supp. 1975, by the provisions of Senate Bill No. 277, First Regular Session, 79th General Assembly, effective January 1, 1978.
213-77 Nov 7 COUNTY CLERKS.
COMPENSATION.
The reenactment of Section 150.070 in Senate Bill 277 of the First Regular Session of the 79th General Assembly, does not authorize the payment to the county clerk of any fees from the county provided for therein. Any fees received from the state by the clerk must be paid into the county treasury.
216-77 Nov 29 Opinion letter to The Honorable Glenn H. Binger
217-77 Dec 28 Opinion letter to The Honorable Russell G. Brockfeld
219-77 Dec 30  COMPENSATION.
COUNTY CLERKS.
Under the provisions of SSHB 101, First Regular Session, 79th General Assembly, effective January 1, 1978, the county clerks in each county not having a board of election commissioners are entitled to receive the additional compensation provided for in Section 2.023 of the act to be determined as of January 1, 1978, and each year thereafter.
221-77 Dec 27 Opinion letter to Mr. Stephen C. Bradford
222-77 Dec 30 Opinion letter to The Honorable Thomas M. Keyes
223-77 Nov 30 MISSOURI STATE EMPLOYEES' RETIREMENT SYSTEM.
PENSIONS.
COMPREHENSIVE EMPLOYMENT AND TRAINING ACT.
1. An employer which is participating in the Missouri State Employees’ Retirement System may not withhold from the Retirement System the employer’s share of contributions for full-time employees whose salary and fringe benefits are funded through the Comprehensive Employment and Training Act of 1973 (CETA) until such time as the benefits for such employees vest. 2. The Missouri State Employees’ Retirement System may not refund to an employer the employer’s contributions attributable to any such employee who terminates his employment prior to the vesting of his benefits. 
224-77 Nov 30 NON-TEACHER SCHOOL EMPLOYEES' RETIREMENT SYSTEM.
COMPREHENSIVE EMPLOYMENT AND TRAINING ACT.
PENSIONS.
1. An employer who is participating in the Non-Teacher School Employees’ Retirement System of Missouri may not withhold from the Retirement System the employer’s share of contributions for full-time employees whose salaries are funded through the Comprehensive Employment and Training Act of 1973. 2. The Non-Teacher School Employees’ Retirement System of Missouri may not refund to an employer the employer’s contributions attributable to any such employee who terminates his employment prior to the vesting of his benefits.
226-77 Nov 30 GOVERNOR.
OFFICERS.
STATE OFFICERS.
CONSTITUTIONAL LAW.
The Governor has authority to “withdraw” the appointment of a person made during a Senate recess before the Senate rejects the appointment or fails to approve the appointment within thirty days after the Senate has convened only if the “withdrawal” is made by removal of the appointee pursuant to Section 17 of Article IV of the Missouri Constitution. The Governor has authority to withdraw the nomination of a person made during a session of the Senate before the Senate rejects the nomination or fails to act on the nomination during such session. If, prior to withdrawal or removal, the Senate rejects either such nomination or appointment or fails to act thereon as required the appointee or nominee cannot again be reappointed or renominated to the same position. A person appointed during a recess of the Senate may resign pursuant to Section 12 of Article VII of the Constitution without prejudice and can be reappointed. A person nominated during a session may withdraw his name from consideration by the Senate without prejudice and can be reappointed.
228-77 Nov 14 ELECTIONS.
WATER DISTRICTS.
AMBULANCE DISTRICTS.
Senate Substitute for House Bill 101 of the First Regular Session, 79th General Assembly, effective January 1, 1978, repeals by implication contrary provisions of Section 247.180, RSMo Supp. 1976, relating to water district elections and of Section 190.055, RSMo Supp. 1975, relating to ambulance district elections.
229-77  Dec 29    Opinion letter to The Honorable Carole Roper Park 
231-77 Dec 29 ELECTIONS.
REGISTRATION.
ST. LOUIS CITY.
A person appointed a deputy registration official by an election authority under the provisions of subsection 1 of Section 7.035 of Senate Substitute for House Bill No. 101, First Regular Session, 79th General Assembly, effective January 1, 1978, is not required to be a registered voter in the jurisdiction of the appointing election authority.
235-77 Dec 13 Opinion letter to The Honorable Michael A. Burke
236-77 Dec 29 Opinion letter to Dr. Richard J. Judd
237-77 Dec 19 DEPARTMENT OF REVENUE.
COUNTY SALES TAX.
The October 14, 1977 notice to the director of revenue of the adoption of a countywide sales tax by St. Louis County under S.B. No. 234 is sufficient to cause the director to perform his duties under the provisions of S.B. No. 234.
238-77 Dec 29    Opinion letter to Dr. Richard J. Judd 
240-77     Withdrawn
249-77 Dec 22 ELECTIONS. After January 1, 1978, the effective date of Senate Substitute for House Bill 101, First Regular Session, 79th General Assembly, (the Comprehensive Election Act of 1977), attorneys employed by the boards of election commissioners are considered employees within the provisions of Section 2.075 of that Act which requires that employees of each board be selected in equal numbers from the two major political parties. Selection in equal numbers, however, does not require equal selection according to position classification.