1978 MISSOURI ATTORNEY GENERAL'S OPINIONS

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Opinion Date Topic Summary
2-78 Apr 14 SCHOOLS.
TEACHERS.
1. A school district which terminates a teacher’s employment may also subsequently prefer charges to revoke the teacher’s certificate, assuming that sufficient statutory grounds exist for both actions.  2. A school district may prefer charges to revoke a teacher’s certificate based on conduct which occurred while the teacher was previously employed by another district.
7-78     Withdrawn
10-78     Withdrawn
15-78 Apr 13 AGRICULTURE. The provisions of Section 411.150, RSMo 1969, allow the director of the Department of Agriculture to set fees for grain inspection and sampling services either on a uniform basis throughout the state or on a separate basis at each grain inspection location, based on the administrative expenses at that location, so long as the revenues produced from the fees meet the costs and expenses of administering Chapter 411.
19-78 Aug 18 NURSES. A physician who is located in a state bordering Missouri who meets the requirements of Section 334.150, RSMo, and is authorized to treat patients in Missouri may utilize the services of licensed practical nurses and registered nurses as provided in Section 335.016, RSMo Supp. 1976.
21-78 Jan 30 Opinion letter to The Honorable George P. Dames
22-78 Jan 23 Opinion letter to Mr. Carl R. Noren
23-78 Jan 30 STATE AUDITOR.
REAL ESTATE COMMISSION.
The Missouri Real Estate Commission improperly issued broker's licenses in 1973 and 1974 to persons without requiring them to successfully pass the real estate broker's examination.
24-78     Withdrawn
25-78 May 2 SCHOOLS.
TEACHERS.
SCHOOL DISTRICTS.
The amendments to the contract between Parkway School District and its superintendent, Wayne W. Fick, increasing his salary are unenforceable, void, and violate Article III, Section 39 (3), Constitution of Missouri, and Section 432.070, RSMo 1969.
26-78 Jan 26 Opinion letter to Mr. Joe G. Harms, II
29-78 Jan 11 Opinion letter to The Honorable Emory Melton
30-78 Jan 27 ELECTIONS.
CANDIDATES.
GOVERNOR.
Section 17 of Article IV of the Missouri Constitution, limiting the number of times a person may be elected to the office of governor, is applicable to the person who held the office because of election to such office when such section became effective.
31-78 Apr 19 BARBERS.
LICENSES.
COSMETOLOGY.
Barbers and cosmetologists may work in the same physical area if such area is licensed as a cosmetology shop and is subject to inspection by both the State Board of Cosmetology and State Board of Barber Examiners.
32-78 Oct 19 Opinion letter to The Honorable Warren Welliver
33-78 Apr 20 STATE TAX COMMISSION. The State Tax Commission has the statutory authority to appoint hearing examiners for conducting initial investigations and making advisory recommendations in appeals taken under Section 138.430(2), RSMo 1969.
34-78 Apr 18 Opinion letter to The Honorable Hardin C. Cox
35-78 May 23 PLANNING AND ZONING.
COUNTY PLANNING AND ZONING.
The platting and recording of a subdivision is not sufficient use and maintenance of existing property so as to exempt it from changes in county requirements, §§ 64.850-64.895, RSMo.
36-78 Jan 10 Opinion letter to Mr. Stephen C. Bradford
37-78 Jan 10 Opinion letter to Mrs. Carolyn Ashford
39-78 July 19 Opinion letter to Mr. Jack M. Keene
40-78 Jan 19 PROSECUTING ATTORNEY.
CRIMINAL PROCEDURE.
CRIMINAL LAW.
The county prosecuting attorneys are authorized under the law of this state to exercise discretion in determining whether or not to prosecute on the basis of a criminal complaint, so long as such discretion is exercised fairly, in good faith and in accordance with established principles of law.
41-78 Jan 30 GOVERNOR.
PARDONS.
The Governor of the State of Missouri may partially pardon an offender so that the recipient will remain subject to the second offender provisions contained in Section 556.280, RSMo.
43-78 Dec 14 SCHOOLS.
SCHOOL DISTRICTS.
(1) Neither a school district nor the State Department of Elementary and Secondary Education may deny access to the educational records of a handicapped or severely handicapped child by a validly authorized representative of the child’s parent or guardian. (2) This office will not render an opinion on the question of unauthorized practice of law, deferring to the Missouri Bar Advisory Committee.
44-78 Aug 2 Opinion letter to The Honorable Larry M. Burditt
46-78 Mar 13 Opinion letter to The Honorable Douglas Boschert
47-78 June 23   Opinion letter to The Honorable Thomas M. Keyes 
49-78 Mar 23   Opinion letter to The Honorable Kaye Steinmetz
50-78 Mar 15 Opinion letter to The Honorable Harold F. Reisch
52-78 Apr 20 Opinion letter to The Honorable Richard C. Hamilton
55-78 Aug 4 COUNTIES.
COUNTY COURTHOUSE.
RECORDER OF DEEDS.
Although an abstract business cannot generally lease space in a county courthouse for abstract business such business has the right to inspect and copy records in the office of the recorder of deeds or in a space close thereto under the supervision of the recorder of deeds and upon payment of charges fixed by the county court for the use of space and supervisory personnel upon the same terms afforded the public generally. There is no authority for an abstract company or any private individual to use county equipment for such copying.
57-78 Apr 21 Opinion letter to The Honorable George E. Murray
59-78 July 11 Opinion letter to The Honorable Harry Hill
60-78     Withdrawn
62-78 Mar 17 Opinion letter to Dr. James Frank
66-78     Withdrawn
67-78 Oct 24 Opinion letter to The Honorable Al Nilges
68-78 June 22 Opinion letter to The Honorable Richard J. DeCoster
70-78 Feb 28 Opinion letter to Mr. Patrick Cronan
71-78 May 26 Opinion letter to The Honorable John Buechner
72-78 Feb 28 Opinion letter to The Honorable Gerry Durnell
73-78 May 3 Opinion letter to The Honorable Marvin Proffer
74-78 Feb 27 Opinion letter to The Honorable Thomas M. Keyes
76-78 Mar 6 Opinion letter to The Honorable J. B. Banks
77-78     Withdrawn
78-78 Mar 15 Opinion letter to The Honorable Carrol J. McCubbin
82-78 Apr 25 Opinion letter to The Honorable Bradshaw Smith
84-78 Mar 28 ELECTIONS.
CITY ELECTIONS.
When a school district holds a regular election on the first Tuesday of April, 1978, and the City of Springfield, a constitutional charter city, submits a special question at such election the costs of the election are to be paid pursuant to Section 115.067, (Section 2.520 of SSHB No. 101, First Regular Session, 79th General Assembly), of the Comprehensive Election Act of 1977.
85-78     Withdrawn
86-78 Mar 22 Opinion letter to The Honorable Sam Doutt
88-78 Aug 24 Opinion letter to The Honorable Charles H. Baker
89-78 Mar 15 Opinion letter to The Honorable Robert Fowler
91-78 Sept 26 DEPARTMENT OF MENTAL HEALTH.
STATE FUNDS.
1. Revenue generated by activities of facilities of the Department of Mental Health, such as the operation of commissaries, canteens, and work activity centers, should be deposited into the state treasury and credited to the general revenue fund.

2. The expenditure of money received from such activities should be controlled by the legislature through the appropriations process.

3. Subject to the direction of the director of the Department of Mental Health, a superintendent of a mental health facility may permit a not-for-profit corporation to operate a commissary or cafeteria on the premises for the benefit of the facility patients.
92-78 June 22   Opinion letter to Mr. William Kenneth Carnes (addendum to Opinion No 299-1973) 
93-78 July 24 COUNTIES.
JUVENILES.
COUNTY COURT.
COUNTY BUILDINGS.
The County Court of St. Charles County acting for the county of St Charles, Missouri may under the applicable Missouri statute purchase a preexisting building for utilization as a juvenile detention facility and that said building to be purchased may be located outside the city limits of the county seat of St. Charles County.
94-78 Apr 17 

TAXATION (CITY SALES TAX).
BALLOTS.
ELECTIONS.
CITY ELECTIONS.

Section 8.120 of the Comprehensive Election Act of 1977 (SSHB No . 101 , First Regular Session , 79th General Assembly) provides for the form of the ballot submission with respect to city sales tax elections notwithstanding the provisions of Section 94.510, RSMo, as amended in 1977. 
95-78 Apr 3 Opinion letter to The Honorable Ralph Uthlaut, Jr
97-78 June 8 SCHOOLS.
DRIVER'S EDUCATION.
A school district may not grant credit for courses for which a fee is paid to a not-for-profit corporation established to provide courses which the district itself cannot or does not provide.
98-78 Apr 27 COUNTY SCHOOL BOARDS.
SCHOOLS.
Subsection 3 of Section 162.111, RSMo, governs with respect to the costs of an election of the members of the county board of education.
99-78 Apr 13 ELECTIONS.
SCHOOL ELECTIONS.
Subsection 3 of Section 115.517 of the Comprehensive Election Act of 1977, which requires a special election in case of a tie vote, is applicable to annual school elections at which directors are elected.
100-78     Withdrawn
104-78 Sept 27 Opinion letter to The Honorable Marion Cairns
105-78 Oct 12 Opinion letter to The Honorable Ronald L. Boggs
106-78 June 22 Opinion letter to C. Duane Hensley, Ph.D.
107-78 June 22    Opinion letter to The Honorable Mark T. Kempton 
108-78 Apr 28 Opinion letter to Dr. Arthur L. Mallory
109-78 June 22 Opinion letter to Dr. Arthur L. Mallory
110-78 Sept 26 Opinion letter to The Honorable Glenn Binger
111-78 Apr 28 Opinion letter to The Honorable Milt Harper
114-78 May 9 Opinion letter to The Honorable Carl H. Muckler
116-78 June 23 Opinion letter to The Honorable Robert L. Cox
117-78 May 23 Opinion letter to The Honorable James F. McHenry
119-78 June 1 Opinion letter to The Honorable Milt Harper
120-78 July 12 Opinion letter to Mr. Robert S. Townsend
121-78 Sept 26 Opinion letter to The Honorable George K. Hoblitzelle
122-78 Oct 17 Opinion letter to The Honorable Timothy J. Patterson
124-78 June 22 Opinion letter to Dr. Arthur L. Mallory
126-78 Oct 19 REAL ESTATE BOARD.
REAL ESTATE COMMISSION.
The use of a guaranteed home purchase program as an inducement to obtain customers is a violation of Section 339.100(12), Senate Bill No. 811, 79th General Assembly, Second Regular Session.
128-78 June 9 Opinion letter to The Honorable James C. Kirkpatrick
129-78 June 22 Opinion letter to Dr. Arthur L. Mallory
130-78 June 22 Opinion letter to Dr. Arthur L. Mallory
131-78 June 23 Opinion letter to The Honorable George P. Dames
133-78 Withdrawn
134-78 Aug 18 SCHOOLS.
PUBLIC SCHOOL RETIREMENT SYSTEM.
TEACHERS.
Senate Bill No. 906 of the Second Regular Session, 79th General Assembly, effective August 13, 1978, relating to membership and prior service credit in the Public School Retirement System of Missouri does not authorize a reapplication for election by a member of the system to pay previous withdrawals or refunds to reinstate prior service credit.
135-78 July 5 Opinion letter to Dr. Arthur L. Mallory
136-78 July 21 ESCHEATS.
BANKS.
CREDIT UNIONS.
Notices which are required to be mailed by financial institutions under S.C.S.H.C.S.H.B. 896 & 897, Second Regular Session, 79th General Assembly, effective August 13, 1978, relating to unclaimed property, should be mailed promptly after August 13, 1978, and, thereafter, on or before the first day of August as provided in such act.
139-78 July 21 Opinion letter to The Honorable Thomas A. Villa
140-78 Withdrawn
141-78 Sept 27 Opinion letter to Dr. William R. Goodge
143-78 July 25 Opinion letter to The Honorable Meredith Ratcliff
144-78 Sept 7 CITIES, TOWNS & VILLAGES.
CHARTER CITIES.
AMBULANCES.
Ambulances owned and operated by a constitutional charter city and licensed by the state under §§ 190.100-190.190, RSMo Supp. 1975, must be insured as required by § 190.120, RSMo Supp. 1975 and 13 CSR 50-40.030 and the city may not self-insure to meet this requirement.
146-78 July 31 Opinion letter to The Honorable John G. Meyer
150-78 Sept 6 Opinion letter to The Honorable John E. Casey
152-78 Sept 11 Opinion letter to Mrs. Carolyn Ashford
153-78     Withdrawn
154-78     Withdrawn
155-78 Aug 29 Opinion letter to The Honorable Stan Thomas
156-78 Oct 19 INSURANCE. A medical malpractice assessment association under Chapter 383, V.A.M.S., is required to become a member of the Missouri Insurance Guaranty Association and to pay premiums and assessment to such association as required by law.
159-78 Sept 5 Opinion letter to The Honorable James C. Kirkpatrick
161-78 Oct 17 Opinion letter to The Honorable Michael J. Lybyer
162-78 Sept 13 Opinion letter to The Honorable James C. Kirkpatrick
166-78 Oct 13 Opinion letter to Mr. Gerald H. Goldberg
167-78      Withdrawn
168-78      Withdrawn
169-78      Withdrawn
170-78 Oct 12 Opinion letter to The Honorable James Russell
171-78 Oct 2 COUNTIES.
COUNTY PURCHASES.
COUNTY CONTRACTS.
COUNTY PROPERTY.
PUBLIC NOTICES.
A third class county which wishes to repair and remodel a recently purchased building for use as additional office space for county officials must comply with the provisions of Section 50.660, RSMo.
174-78 Nov 30 Opinion letter to The Honorable Theodore L. Johnson III
178-78 Dec 8 MENTAL HEALTH.
MUNICIPAL COURTS.
The municipal courts of Missouri do not have jurisdiction to commit individuals to facilities of the Department of Mental Health for evaluation or treatment pursuant to Sections 552.020 or 552.040, RSMo.
179-78 Oct 3 ELECTIONS.
CORRUPT PRACTICES.
A corporation, labor union or other organization which only makes campaign contributions or expenditures in excess of $500 from its own funds or property is not a “committee” for purposes of the campaign financing act and is therefore not required to meet with the organizational and reporting requirements of committees under §§ 130.021, 130.036 and 130.041, V.A.M.S.
180-78 Dec 29 ELECTIONS.
NURSING HOME DISTRICTS.
STATUTORY CONSTRUCTION.
Each voter in a nursing home district election shall vote for the director from his district as provided in House Bill 1208, Second Regular Session, 79th General Assembly, and not for all six directors, as provided in House Bill 971, Second Regular Session, 79th General Assembly. Such bills should be merged to give effect to new provisions and the provisions of such bills which are reenactments which conflict with new matter will give way to such new matter. Where the legislature has deleted old provisions in one bill but has not done so in the other bill, such deletions should be given effect.
187-78 Oct 20 Opinion letter to Mr. Stephen C. Bradford
189-78 Nov 13 Opinion letter to The Honorable C. E. Hamilton, Jr.
193-78 Nov 17 Opinion letter to The Honorable John A. Parks
194-78 Dec 29 PROSECUTING ATTORNEYS.
FEES, COMPENSATION AND SALARIES.
STATUTORY CONSTRUCTION.
With respect to the amendments made to Section 56.310, RSMo 1969, by House Bill No. 1052 and House Bill No. 1634, both enacted by the 79th General Assembly, Second Regular Session, that the prosecuting attorney fees provided for in House Bill No. 1052 remain in effect after January 2, 1979.
198-78 Dec 12 Opinion letter to The Honorable James F. McHenry
200-78 Nov 22 Opinion letter to The Honorable Robert L. Dunning
201-78 Apr 11 Opinion letter to The Honorable Kenneth J. Rothman
203-78 Dec 20 Opinion letter to The Honorable Michael J. Lybyer