1979 MISSOURI ATTORNEY GENERAL'S OPINIONS

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Opinion Date Topic Summary
1-79 Sept 21 COUNTIES.
COUNTY COURT.
HIGHWAY PATROL.
The county court of a third class county may, under certain circumstances, lease space in the county courthouse for a proper charge to an auto license fee agent, or to the Social Security Administration and may provide free space to the State Highway Patrol.
2-79 Mar 1 Opinion Letter to The Honorable Truman Wilson
5-79 June 27 CHILD SUPPORT.
COURT COSTS.
PROSECUTING ATTORNEY.
Prosecuting attorneys are not required to pay court filing fees in civil actions to enforce or collect child support obligations for persons referred to their offices by the Division of Family Services of the Department of Social Services either in Aid to Families with Dependent Children (AFDC) cases in which assignment of support rights has been made to the Division in behalf of the state or non-AFDC cases wherein there is no such assignment under Section 207.025, House Bill No. 1634, 79th General Assembly.
8-79 Feb 8 Opinion Letter to The Honorable Phillip M. Barry
9-79 Sept 27 CITIES, TOWNS, AND VILLAGES.
CONSTITUTIONAL LAW.
A third class city does not have authority to provide free space to a chamber of commerce or a state license fee agent. A third class city does not have authority to rent an office to a state license fee agent at less than a reasonable rent, and such a city does not have authority to donate money to private not-for-profit corporations.
15-79 Apr 4 Opinion Letter to Mr. David R. Freeman
16-79 Jan 25 PENSIONS.
PUBLIC SCHOOL RETIREMENT SYSTEM.
ST. LOUIS CITY SCHOOL RETIREMENT SYSTEM.
Sections 169.410 through 169.540 of the Revised Statutes of Missouri, as amended, do not allow the Board of Trustees of the Public School Retirement System of the City of St. Louis to establish a life insurance program for its active members and/or retirees.
18-79 Feb 22 ATHLETIC COMMISSION. The Office of Athletics cannot define boxing, sparring, or wrestling by rule or regulation to include full contact karate.
20-79 Dec 21 AMBULANCES.
DIVISION OF HEALTH.
REORGANIZATION ACT.
The State Board of Health has authority to determine policy for the Division of Health.
21-79     Withdrawn
23-79 May 18 Opinion Letter to The Honorable Charles J. Becker
25-79 Amended Aug 21, 1980 Opinion Letter to The Honorable James Antonio
26-79 Mar 30 Opinion Letter to The Honorable James Antonio
27-79 Feb 20 Opinion Letter to The Honorable Dale K. Miller
29-79 Mar 5 Opinion Letter to The Honorable Hardin C. Cox
30-79 Sept 24 ACCOUNTANTS. Government employees doing “accounting work” which does not rise to the level of activity governed by Chapter 326, RSMo 1978, are not engaged in the “practice of public accounting” as that term is used in Section 326.210, RSMo 1978.
31-79 Jan 10 SCHOOLS.
FEDERAL AID.
CONSTITUTIONAL LAW.
(1) Federal funds paid directly to the Board of Education of the City of St. Louis under the provisions of the Emergency School Aid Act (ESAA) constitute public funds which are subject to the spending proscriptions of the Missouri Constitution.

(2) The Missouri Constitution prohibits the use of public school personnel paid with ESAA funds to provide teaching services to children attending sectarian schools on the premises of the sectarian schools during the regular school day.
33-79 Mar 15 Opinion Letter to The Honorable Edward E. Ottinger
35-79 May 16 Opinion Letter to The Honorable Philip R. Pruett
36-79 Jan 26 Opinion Letter to Mr. Edwin M. Bode
37-79 Jan 17 LIQUOR. Opinion Letter to The Honorable Philip R. Pruett
38-79 June 5 SOCIAL SECURITY.
COOPERATIVE AGREEMENTS.
OFFICE OF ADMINISTRATION.
Joint boards created by cooperative agreements of political subdivisions under § 70.260, RSMo, may, depending on the agreement, come within the definition of “instrumentality” for the purpose of social security reporting of the employees of such joint boards under §§ 105.300, RSMo, et seq.
40-79 Jan 24 Opinion Letter to The Honorable Frank Bild
43-79 Jan 17 CONFLICT OF INTEREST.
COORDINATING BOARD FOR HIGHER EDUCATION.
A person cannot serve simultaneously as a trustee of a private college in Missouri and as a member of the State Coordinating Board for Higher Education.
44-79     Withdrawn
45-79 Mar 5 Opinion Letter to The Honorable Vic Downing
46-79 Dec 26 Opinion Letter to Mr. F. M. Wilson
48-79 Dec 6 Opinion Letter to The Honorable Hardin C. Cox
49-79 Aug 27  COMPENSATION.
OFFICE OF ADMINISTRATION.
LABOR AND INDUSTRIAL COMMISSION. 
Total compensation of the members of the Labor and Industrial Relations Commission is $28,000 per annum. 
50-79 Jan 26 Opinion Letter to Mr. Fred A. Lafser, Jr.
51-79 Jan 12 JUDGES. A person who is otherwise eligible and has not waived his retirement benefits under the judicial retirement provisions of Sections 476.515 to 476.570, V.A.M.S., who no longer serves as a judge may elect not to receive retirement benefits, may practice law and if otherwise eligible, may elect to receive his retirement benefits after he ceases the practice of law.
53-79 Jan 26 CLEAN WATER COMMISSION. The point source discharges of pollutants from federal facilities within the State of Missouri are subject to the same NPDES program requirements as are any other point source discharges of pollutants subject to the Missouri Clean Water Law and the regulations adopted pursuant thereto.
55-79 Feb 5 Opinion Letter to Mr. Stephen C. Bradford
56-79 Mar 30 Opinion Letter to The Honorable Flavel J. Butts
57-79 Feb 7 Opinion Letter to The Honorable Larry E. Mead
58-79 Mar 14  COOPERATIVE AGREEMENTS.
DISASTER PLANNING.
CIVIL DEFENSE. 
That irrespective of number or contiguity, counties may, by county court order duly made and entered, participate in cooperative agreements under Article VI, Section 16, Missouri Constitution and Sections 70.210, et seq., RSMo, respecting the establishment of a common disaster planning program required by Section 44.080, RSMo, and may share the cost of the disaster planning office, director and staff thus established. 
59-79 Nov 14 MENTAL HEALTH. Emergency mental health coordinators may not be held civilly or criminally liable for requesting or authorizing emergency involuntary civil commitments pursuant to their authority under § 202.123.3, S.B. 423, 80th Gen. Assembly provided that such commitment was performed in good faith and without gross negligence.
60-79 Feb 8 Opinion Letter to Dr. Arthur L. Mallory
61-79 Feb 20 MENTAL HEALTH.
APPROPRIATIONS.
The Department of Mental Health is headed by the Director of the Department and the legislature cannot appropriate money to the Mental Health Commission for the Commission to allocate to various facilities of the Department of Mental Health.
62-79 May 3 JUDGES.
COMPENSATION.
Probate ex officio magistrate judges in counties of the second class with populations of less than thirty thousand were, on January 1, 1979, entitled to the compensation provided by law for such probate judges under the provision of subsection (3) of Section 481.205, as amended by S.B. No. 950, 79th General Assembly, 2nd Regular Session, relative to second class counties having a population of less than sixty-five thousand in the sum of thirty-two thousand eight hundred dollars; and that additional magistrates in such counties were entitled to payment pursuant to subsection (3) of Section 482.150, as amended by House Bill No. 521, 79th General Assembly, 1st Regular Session, in the sum of thirty-two thousand nine hundred dollars. On and after January 2, 1979, such probate ex officio magistrate judges and additional magistrate judges became associate circuit judges entitled to the same compensation provided when they were probate ex officio magistrate judges and additional magistrate judges prior to January 2, 1979. That is, the salary of probate ex officio magistrate judges in second class counties of less than thirty thousand population who became associate circuit judges January 2, 1979, is thirty-two thousand eight hundred dollars. The salary of additional magistrate judges who became associate circuit judges January 2, 1979, in such counties is thirty-two thousand nine hundred dollars.
63-79 Sept 26 Opinion Letter to The Honorable Kenneth W. Shrum
65-79 Feb 6 Opinion Letter to The Honorable Nelson B. Tinnin
66-79 Aug 8 CITIES, TOWNS, AND VILLAGES.
PUBLIC HOUSING AUTHORITY.
A public housing authority may act in the capacity of a “parent entity,” as that term is defined in 24 C.F.R. § 811.102, and is empowered to designate a not-for-profit corporation as its agency or instrumentality in the issuance of tax exempt obligations, the proceeds of which would be applied to the construction of low income housing subsidized by the United States Department of Housing and Urban Development under the provisions of Section 8 of the United States Housing Act of 1937, as amended.
67-79 May 9 Opinion Letter to Mr. Stephen C. Bradford
68-79 June 7 COMPENSATION.
CIRCUIT CLERKS.
The compensation provided for circuit clerks is set out in Section 483.083 of House Bill 1634 of the 79th General Assembly and is effective beginning with the January 1, 1979, term of such incumbents.
70-79 Aug 27 DEPARTMENT OF MENTAL HEALTH.
HANDICAPPED CHILDREN.
The Department of Mental Health does not have the authority to place patients out of the State.
73-79 Apr 5 SCHOOLS.
SUNSHINE LAW.
A meeting of a board of education and its superintendent held to receive an oral report from him concerning ongoing business is subject to the sunshine law.
74-79 Feb 22 Opinion Letter to The Honorable David C. Christian
75-79 Aug 1 Opinion Letter to The Honorable Wesley A. Miller
76-79 May 7 SCHOOLS.
CONSTITUTIONAL LAW.
Public junior colleges in Missouri may belong to the Missouri Association of Community Junior Colleges and expend junior college district funds to support that organization through membership dues and other fees. It is further our opinion that school districts in Missouri may belong to the Missouri State High School Activities Association and expend district funds to support that association through membership dues and other fees.
77-79 July 2 COMPENSATION.
COUNTY TREASURER.
COUNTY OFFICERS.
OFFICERS.
The county treasurers of Pettis and Platte Counties, second class counties, are entitled to the compensation provided by Section 54.250, RSMo Supp. 1975, twelve thousand dollars per annum, and not to the compensation provided by Section 54.250 of House Bills Nos. 1121 & 1257 of the 79th General Assembly until the end of their terms, December 31, 1980. Further, such treasurers are entitled to the compensation provided under Section 54.251 of House Bills Nos. 1121 & 1257 of the 79th General Assembly in the amount of three thousand dollars per annum effective August 13, 1978, until January 1, 1981.
79-79 July 31 DENTISTS.
CORPORATIONS.
A person or entity other than a dentist duly registered and currently licensed by the State of Missouri cannot own any interest in a corporation organized for the purpose of engaging in the practice of dentistry and a Chapter 351, RSMo, (General and Business) corporation cannot be lawfully established for the purpose of engaging in the practice of dentistry.
80-79 Mar 28 Opinion Letter to Mr. F. M. Wilson
82-79 Mar 26 Opinion Letter to The Honorable John T. Russell
83-79 Sept 5 Opinion Letter to The Honorable Ron Bockenkamp and Beverley Wilson, M.D.
85-79 May 14 ARRESTS.
CRIMINAL LAW.
CRIMINAL PROCEDURE.
State capitol guards and watchmen employed and commissioned in accordance with Section 8.035, RSMo Supp. 1975, have the authority to make arrests in the buildings and on the grounds at the seat of government of the state of Missouri; that the prosecuting attorney of Cole County has the authority to prosecute such violations in the circuit court of Cole County; and that the guards and watchmen who are regularly employed in a workweek for 32 hours or more and commissioned after December 31, 1978, in accordance with Section 8.035 must meet the minimum police training standards under Sections 590.100 through 590.150, V.A.M.S.
87-79 Mar 28 PROSECUTING ATTORNEYS.
COMPENSATION.
The annual salary of the prosecuting attorney of Cole County, Missouri, is twenty-one thousand dollars pursuant to the provisions of Section 56.270, House Bill Nos. 1121 & 1257, Second Regular Session, 79th General Assembly.
88-79 Oct 2 Opinion Letter to The Honorable Edwin L. Dirck
89-79 May 10 SCHOOLS. The extension of city limits in a second class county automatically extends the school district boundary lines of such city, regardless of the fact that the county becomes a first class county prior to the effective date of the extension.
90-79 Apr 20 Opinion Letter to Mr. Gerald H. Goldberg
92-79 Aug 13 SCHOOL.
TEACHERS.
The phrase “employed in any other school system as a full-time teacher for two or more years . . .” in Section 168.104(5), RSMo 1978, is clear and unambiguous and requires that only teaching experience gained in a school system other than the one in which a teacher is presently employed is the basis for waiving one year of the teacher's probationary period.
93-79 May 21 Opinion Letter to The Honorable John T. Russell
94-79 July 27 Opinion Letter to The Honorable James C. Kirkpatrick
95-79 Mar 27 Opinion Letter to The Honorable James Mathewson
97-79 Aug 28  BONDS.
SHERIFFS. 
A county court, of a third class county, may not expend public funds to reimburse a bonding company for payments made on a sheriff’s official bond. 
99-79 July 10 COURTS.
CIRCUIT COURTS.
COMPENSATION.
COUNTY COURT.
The county court is not required to expend county funds for the salary of a clerk for the associate circuit judge where there is no demonstrated factual need for such additional clerk to be paid at the cost of the county.
100-79 Dec 19 Opinion Letter to The Honorable James Antonio
101-79 July 18 SCHOOLS. In determining the annual adjustment provided for in § 163.031.5, all districts in the lowest 5% should be included in the computation, without regard to whether they experience an increase or decrease in the amount per eligible pupil from the preceding year.
103-79 Aug 9 SCHOOLS.
TEACHERS.
Permanent teachers promoted to positions of curriculum coordinator or departmental chairperson retain their tenure as permanent teachers while they hold the curriculum consultant or departmental chairperson positions, as long as their primary duties remain teaching. Permanent teachers promoted to positions which are supervisory in nature lose their tenure while employed in the supervisory position and may regain their tenure only after they are reemployed as teachers in the same school district for two consecutive years.
104-79 June 27 Opinion Letter to The Honorable Clifford W. Gannon
106-79 May 17 EXPENSES.
COMPENSATION.
HIGHWAY PATROL.
Travel expenses reimbursed to Missouri State Highway Patrolmen under Section 43.110, RSMo 1969, do not constitute payment of salary under Section 43.070, Senate Bill 763, 79th General Assembly, and such reimbursements are not in violation of the maximum salary limits established in Section 43.070.
107-79 Aug 3 DEPT. OF TRANSPORTATION.
STATE EMPLOYEES.
Director of the Department of Transportation is subject to the control of the Transportation Commission which, under the Missouri Constitution, is vested with the authority to administer the Department of Transportation. The commission has the power to appoint, promote, demote, suspend and dismiss employees of the department.
108-79 Apr 24 Opinion Letter to The Honorable Charles J. Becker
112-79 May 17 Opinion Letter to The Honorable Joseph Frappier
113-79 May 18   Opinion Letter to Dr. Arthur L. Mallory
114-79 June 22 Opinion Letter to Dr. Arthur L. Mallory
115-79 May 3 Opinion Letter to The Honorable Gary G. Sprick
118-79 June 8 CARL.
LICENSES.
PSYCHOLOGISTS.
Department of Consumer Affairs, Regulation and Licensing, is not authorized to promulgate a rule allowing the department, upon the advice of the State Committee of Psychologists to grant an applicant for licensure a temporary license to practice psychology in the State of Missouri.
119-79 May 16 Opinion Letter to The Honorable Hardin C. Cox and The Honorable Harold Caskey
120-79 May 25 Opinion Letter to The Honorable Theodore L. Johnson, III.
122-79 July 5 Opinion Letter to Mr. Gary E. Stevenson
123-79 Aug 1 Opinion Letter to The Honorable Harriett Woods
124-79     Withdrawn
127-79 June 15 Opinion Letter to The Honorable Ronnie DePasco
129-79 June 1 TAXATION (Roads and Bridges).
TOWNSHIPS.
ROADS AND BRIDGES.
Township board of directors in a county under township organization is authorized to levy a road and bridge tax of fifty cents on each hundred dollars assessed valuation without a vote of the residents of the township or the residents of the county under the provisions of Section 12(a) of Art. X, Missouri Constitution.
131-79 Nov 8 BANKS. Under the contract and the arrangement presently existing in connection with the ultra machines, as described in the facts set out above, the use of such machines does not constitute branch banking. This office defers any judgment as to the use of the machine for the transfer of money from a customer's checking account to his savings account until that matter is resolved in the appropriate forum. We recommend, however, that that function be eliminated from the machine until such time as the issues concerning that function have been fully and properly resolved. Further, we do not offer an opinion concerning interstate use of the ultra machine.
132-79 July 18 LIQUOR.
LICENSES.
Ethanol used solely as a fuel for motor vehicles is not an “intoxicating liquor” as defined in § 311.020, RSMo 1978. It is our further opinion that individuals who manufacture ethanol on their own land solely for the purpose of providing fuel for motor vehicles are not required to be licensed and regulated under Chapter 311, RSMo as long as the alcohol produced at the facility is denatured by some means.
133-79 May 29 Opinion Letter to The Honorable David A. Schwartze
135-79 June 6 Opinion Letter to Dr. Arthur L. Mallory
137-79 Sept 6   Opinion Letter to The Honorable George P. Dames
138-79 July 2 OFFICERS.
STATE OFFICERS.
CONSTITUTIONAL LAW.
A member of the Commission on Atomic Energy, who was appointed by former Governor Christopher S. Bond with the advice and consent of the Senate to serve at the pleasure of the governor pursuant to § 18.010, RSMo, who has not been removed from office, serves for an indefinite period of time, beyond the expiration of Governor Bond's term, and at the pleasure of Governor Joseph P. Teasdale.
139-79 June 28 Opinion Letter to The Honorable Emory Melton
140-79 Oct 17 COURT COSTS.
CRIMINAL COSTS.
CRIMINAL PROCEDURE.
Section 483.617, as enacted by House Bill No. 1634 of the 79th General Assembly, refers only to fees chargeable against the county upon dismissal of criminal cases and is ineffective insofar as it purports to nullify provisions of statutes relative to costs in criminal cases resulting in conviction or acquittal.
141-79 June 22 Opinion Letter to Dr. Arthur L. Mallory
143-79     Withdrawn
144-79 June 27 Opinion Letter to The Honorable Gary L. Smith
145-79 June 28 Opinion Letter to The Honorable Jerry E. McBride
147-79 Aug 16 RECORDER OF DEEDS. Compensation of the recorders of deeds in second class counties and in third class counties where the offices of the clerk of the circuit court and recorder of deeds are separate, is provided for in Section 50.334, RSMo, as enacted by S.S. No. 4 for S.C.S. for H.C.S. for House Bills 1121 & 1257 of the 79th General Assembly, effective at the beginning of such officers' terms, January 1, 1979.
148-79 Aug 7 SCHOOLS. Remedial, guidance, counseling, and other auxiliary services may be provided to any child after the regular school day, on weekends, or during the summer on public school premises or neutral sites, conducted by school district employees, regardless of whether the child regularly attends a public or parochial school. Secular instructional materials and/or equipment used in connection with the program may be provided to participating pupils. Bus transportation designed solely for the purpose of transporting pupils from their nonpublic schools to the public school site may not be provided.
149-79 Sept 20 SCHOOLS. 1. A school district which had a term of less than 180 days and less than 174 days of actual pupil attendance may remain eligible for state aid providing it has scheduled two-thirds as many make-up days as were lost the previous year due to inclement weather if it makes up all of the first eight days missed plus one-half of the days missed in excess of eight.

2. The term “inclement weather,” as found in § 171.033, RSMo 1978, does not include uncomfortably hot days.

3. A school district may make up days lost because of inclement weather by extending the school day by one-half hour as provided in § 160.041.2, RSMo 1978, in lieu of the scheduled make-up days.

4. Under § 160.041, RSMo 1978, a school district may not operate its schools on a “snow schedule” by beginning daily sessions one hour later than usual and dismissing one hour earlier than usual for a period of time delineated in advance.
151-79 Aug 15 Withdrawn
152-79 Aug 6 Opinion Letter to The Honorable John L. Goldman
153-79     Withdrawn
154-79     Withdrawn
155-79 Nov 7 Opinion Letter to The Honorable John T. Russell and The Honorable Morris Westfall
157-79 Aug 9 Opinion Letter to The Honorable Gary G. Sprick
160-79 Oct 3 Opinion Letter to The Honorable Glenn H. Binger
161-79 Nov 27 Opinion Letter to The Honorable Philip R. Pruett
162-79 Aug 13 Opinion Letter to Dr. Arthur L. Mallory
164-79 Aug 16 Opinion Letter to Dr. Arthur L. Mallory
165-79 Nov 13 Opinion Letter to The Honorable Frank Bild
172-79     Withdrawn
174-79 Sept 25 Opinion Letter to The Honorable Stephen R. Sharp
175-79 Oct 10 CONSTITUTIONAL AMENDMENT.
PENSIONS.
Neither the provisions of Art. VII, § 14, Mo. Constitution (as amended in 1978), nor the provisions of C.C.S. No. 2 for H.B. No. 130 of the 80th General Assembly, both of which require actuarial evaluation of certain public retirement plan changes which increase benefits apply to a proposed, but not yet introduced, house joint resolution which would purport to amend Art. VI, § 25, of the Missouri Constitution to allow certain counties and municipalities to provide for the payment of periodic cost of living increases in pension and retirement benefits to law enforcement and fire personnel.
177-79 Oct 12 Opinion Letter to The Honorable Truman E. Wilson
178-79 Oct 18 LIQUOR. If an individual is convicted of supplying intoxicating liquor to a minor, there is no violation of § 311.060 RSMo or Regulation 11 CSR 70-2.140(13).
180-79 Nov 9 AUCTIONEERS. With respect to § 343.080, RSMo, and § 343.090, RSMo, concerning auctioneers' license fees, such fees under § 343.080, which are required to be paid to the county clerk for the issuance of auctioneers' licenses, are levies on behalf of the state, and the clerk should account to the state of Missouri for such fees. The county clerk's fee under § 343.090 is a separate fee of two dollars for the issuance of such auctioneers' licenses to be paid by the clerk into the county general revenue fund.
181-79 Sept 21 Opinion Letter to Paul R. Ahr, Ph.D.
182-79 Oct 16 COUNTY CLERKS.
ELECTIONS.
House Bill No. 148 of the 80th General Assembly, which authorizes a $3.00 charge by the county clerk for various services performed by him, does not authorize the clerk's charging for certain election procedures.
183-79 Nov 20 COUNTY CLERK.
FEES.
ELECTIONS.
House Bill No. 148 of the 80th General Assembly, which authorizes a three dollar charge by the county clerk for various services performed by him does not authorize the clerk to charge for filing certain reports or statements required to be filed with his office under the Campaign Finance Disclosure Law, Chapter 130, RSMo 1978, as amended by Senate Bill No. 129, 80th General Assembly.
193-79     Withdrawn
195-79 Dec 5 Opinion Letter to The Honorable Leary G. Skinner
197-79     Withdrawn
201-79 Dec 4 Opinion Letter to The Honorable James C. Kirkpatrick
202-79 Dec 10 Opinion Letter to The Honorable Daniel M. Buescher
205-79 Dec 5 Opinion Letter to Dr. Arthur L. Mallory
207-79 Dec 31 Opinion Letter to The Honorable Edwin L. Dirck
208-79 Dec 7 Opinion Letter to The Honorable Patrick Dougherty
213-79 Dec 18 Opinion Letter to The Honorable Gary E. Stevenson
214-79 Dec 17 COUNTY COLLECTORS. A county collector is required to pay into the county treasury the fees received by him under §§ 139.090 and 150.150, as amended by House Bill No. 148, 80th General Assembly, respecting the collection of a one dollar fee for duplicate personal property tax receipts issued by him and a five dollar fee for the issuance of certain vendors' licenses.
219-79     Withdrawn
221-79 Dec 20 Opinion Letter to The Honorable Abe R. Paul