|2-74||Nov 13|| ||Opinion letter to the Honorable Joe D. Holt|
|3-74||Feb 22|| ||Opinion letter to the Honorable James C. Kirkpatrick|
|4-74||Apr 11||PUBLIC RECORDS.|
CITIES, TOWNS & VILLAGES.
CONSTITUTIONAL CHARTER CITIES.
|Constitutional charter cities come within the provisions of the State and Local Records Law, Sections 109.200 et seq., V.A.M.S.|
|5-74||May 30|| ||Opinion letter to the Honorable Joseph S. Kenton|
|8-74||Feb 14|| ||Opinion letter to the Honorable William J. Cason|
|9-74||Apr 8||ELECTIONS.||Election challengers or watchers may not be appointed for an election conducted by a six-director school district except in St. Louis County. Where a school election is held jointly with an election for which challengers or watchers may properly
be appointed, however, those challengers or watchers may challenge voters in the school election as well as the other election.|
|Once a county library district is created by the county court, such district exists whether or not the voters adopt a tax levy for the district; and after such a district is created, a city library district may not be created within the county
|Any balance remaining in a school district's free textbook fund after textbooks are furnished to all eligible pupils as required in Section 170.051, RSMo 1969, as amended, may be transferred to the teachers' fund as required by Section 165.011,
subsection 2, RSMo 1969, without conflicting with the restriction on commingling free textbook funds with the public school fund as set forth in subsection 7 of Section 170.051, Seventy-Sixth General Assembly, Second Regular Session.|
|Residents on land which is part of a federal flood control project are entitled to vote in local school district elections.|
|13-74||Apr 26||RECORDER OF DEEDS.||County recorders of deeds are not authorized to make reports on real estate lien searches for the Farmers Home Administration (Form FHA-Mo 427-4, 4-2-71).|
|16-74 ||Mar 20 ||SCHOOLS.|
CONFLICT OF INTEREST.
|The positions of director of a special school district and director of a six director district which is a component part of that special school district are incompatible and one person may not hold both positions at the same time. |
|18-74||June 26|| ||Opinion letter to the Honorable C. E. Hamilton, Jr.|
STATE BOARD OF EDUCATION.
|The State Board of Education may invest money accruing to or currently in the public school fund pursuant to Article IX, Section 5 of the Missouri Constitution without first securing an appropriation from the General Assembly, the State Board
of Education may sell securities held by the public school fund before those securities mature, and it may sell those securities at less than their original cost to the fund if a portion of the interest received from the securities purchased
with the proceeds is devoted to replenishment of the principal of the fund.|
|20-74||June 6|| ||Opinion letter to Herbert R. Domke, M.D.|
|22-74||Mar 25|| ||Opinion letter to the Honorable Donald L. Manford|
|23-74||Apr 2|| ||Opinion letter to the Honorable John Twitty|
|24-74||June 7||ROADS & BRIDGES.|
STATE HIGHWAY DEPARTMENT.
OFFICE OF ADMINISTRATION.
COMMISSIONER OF ADMINISTRATION.
DIVISION OF DESIGN AND CONSTRUCTION.
|The State Highway Department is subject to the provisions of Sections 8.310 and 8.320, RSMo 1969, and accordingly must obtain the formal approval of the Commissioner of Administration before letting contracts for repair, rehabilitation, or
construction of buildings and facilities. The State Highway Department is not required to obtain the formal approval of the Commissioner of Administration before obtaining architectural documents, supervising construction, and performing
maintenance and inspection, provided, however, that in carrying out these activities it must conform to the reasonable procedures outlined by the Commissioner of Administration pursuant to his rule-making authority under Section 8.320,
RSMo 1969. The repair, maintenance, operation, construction, and administration of highways, bridges, and tunnels by the State Highway Department are not subject to the requirements of Sections 8.310 and 8.320, RSMo.|
OFFICE OF ADMINISTRATION.
DIVISION OF DESIGN AND CONSTRUCTION.
|The Department of Conservation is subject to the provisions of Sections 8.310, RSMo 1969, and Section 8.320, RSMo 1969, and accordingly must obtain the formal approval of the Commissioner of Administration before letting contracts for repair,
rehabilitation or construction of state facilities. The Department of Conservation is not required to obtain the formal approval of the Commissioner of Administration before obtaining architectural documents, supervising construction,
and performing inspection and maintenance, but its procedures in carrying out these activities must conform to the reasonable procedures outlined by the Commissioner of Administration, pursuant to his authority under Section 8.320, RSMo
|26-74||Mar 19|| ||Opinion letter to the Honorable Christopher S. Bond|
|27-74||Mar 19 || ||Opinion letter to the Honorable Christopher S. Bond|
|28-74||May 28||STATE UNIVERSITY.|
DEPARTMENT OF EDUCATION.
OFFICE OF ADMINISTRATION.
COMMISSIONER OF ADMINISTRATION.
DIVISION OF DESIGN AND CONSTRUCTION.
|The Department of Education must obtain formal approval of the Commissioner of Administration before letting contracts for repair, rehabilitation, or construction of facilities. It need not obtain formal approval before obtaining architectural
documents, supervising construction, or performing inspection and maintenance, provided its procedures in carrying out these activities conform to the procedures the Commissioner of Administration has outlined pursuant to his rule-making
authority under Section 8.320. The state universities, including the University of Missouri, have the power and authority to obtain architectural documents, let contracts for repair, rehabilitation or new construction of facilities, supervise
construction, and perform inspection and maintenance of facilities without the approval of the Commissioner of Administration, once the necessary funds have been appropriated by the legislature for the performance of such activities. These
institutions, however, are subject to the provisions of Section 8.320.|
|A school district may use school tax money to pay the membership fees and dues in service organizations for school administrators and teachers as part of their compensation. However, the payments may not begin during the term of an employment
contract already in effect, but only at the beginning of a new contractual term.|
COUNTY HEALTH CENTERS.
STATE EMPLOYEES' RETIREMENT SYSTEM.
|Employees of county health centers established under the provisions of Chapter 205, RSMo, are not eligible for membership in the Missouri State Employees' Retirement System.|
|Article VII, Section 13 of the Constitution prevents the compensation of an elected city treasurer from being increased during the term of office of such city treasurer, notwithstanding
the fact that Section 182.291, V.A.M.S., makes the city treasurer custodian of the funds of a city-county library district. A city-county library district has no authority to compensate the city treasurer for serving as custodian of the
library district’s funds.|
|35-74||May 20|| ||Opinion letter to the Honorable Maurice Schechter|
|36-74||Sept 3|| ||Opinion letter to Mr. Edwin Pruitt, Jr.|
CITIES, TOWNS & VILLAGES.
|A third class city located in a county which does not have a board of election commissioners may designate the number of election precincts within the boundaries of the municipality.|
|38-74||Jan 23||TAXATION (SALES & USE).||Only certain activities of sawmills and stave mills constitute manufacturing. The cutting of logs into various lengths and widths, the subsequent air or kiln drying of this lumber, and the planing of lumber for boards, without further finishing
for specific product adaptations, do not constitute manufacturing. Other commercially useful by-products of this process, such as chips and sawdust are not manufactured articles. The foregoing activities are processing and are not encompassed
by the sales tax exemptions of Section 144.030.3(3) and (4), RSMo 1969, that exempt from the imposition of sales or use tax machinery and equipment replacing equipment used directly for manufacturing or fabricating a product, or machinery
and equipment purchased for direct use in manufacturing, mining or fabricating a product. In cases in which a substantial transformation of the original raw material occurs, such as the milling of bolts to produce barrel and heading staves,
manufacturing occurs. The machinery used in such an operation is exempt from sales tax, pursuant to Section 144.030.3(3) and (4), RSMo 1969, if it is used directly in manufacturing a product which is intended to be sold ultimately for
final use or consumption.|
|40-74||Jan 22|| ||Opinion letter to the Honorable Ike Skelton|
RETAIL CREDIT ACT.
|Transactions characterized by the following are governed by the Retail Credit Sales Act: (1) the seller is a retail seller; (2) the buyer is a retail buyer; (3) the subject matter of the transaction consists of goods or services having a cash
sale price of less than $7,500; and (4) payment therefor, whether lump sum or periodic, is deferred. If the transaction is effected pursuant to a retail charge agreement, no separate charge may be assessed by the merchant for the buyer’s
failure to pay the amount due within the time stated; in that event, the delinquent amount becomes part of the unpaid balance subject to the permissible statutory monthly time charge. If the transaction is effected under a retail time
contract and if the contract so provides, the merchant can assess a separate charge for the buyer’s default on an installment due within the permissible statutory limits. Finally, the Missouri usury law does not prohibit merchants
from assessing a reasonable charge for handling dishonored checks tendered for payment of goods purchased, provided the purchaser has prior notice of the merchant’s policy. If, however, the check was tendered as payment of an amount
due under a retail charge agreement or retail time contract, the amount or rate of such charge would be governed by the Retail Credit Sales Act.|
CITIES, TOWNS & VILLAGES.
|With respect to the Solid Waste Management Law, Senate Bill No. 387, 76th General Assembly [Sections 260.200-260.245, RSMo Supp. 1973], cities and counties are required to provide for
the collection and disposal of solid wastes including industrial wastes and may contract for such collection and disposal. Service charges may be imposed if not already imposed under some other law although such charges must be billed
and collected directly by the cities or counties. General revenue of the city and federal revenue sharing funds may also be expended for such purposes.|
|42a-74||Mar 20|| ||Addendum to Opinion No. 42|
|43-74||Jan 24||STATE UNIVERSITY.|
UNIVERSITY OF MISSOURI.
|The Board of Curators of the University of Missouri may assume responsibility for operation of the Residence Center in Independence currently operated by Central Missouri State University and the Center may be operated as a part of the University
of Missouri at Kansas City at the discretion of the curators.|
|(1) The five-year additional parole period provided in Section 195.221, RSMo Supp. 1971, does not apply to persons convicted under Section 195.240, RSMo Supp. 1971, of selling, giving or delivering apparatus for the unauthorized use of controlled
substances. (2) The parole of individuals convicted under Section 195.240, RSMo Supp. 1971, for selling, giving or delivering apparatus for the unauthorized use of a controlled substance should be governed by the provision
of Chapter 549, RSMo 1969.|
|46-74|| || ||Withdrawn|
|47-74||Feb 19||FIREMEN.||A physical examination, in order to qualify as an examination raising the statutory presumption of evidence provided in Section 87.006, RSMo 1969, must be a medical examination given by a qualified physician which is directed to the detection
of disease of the lungs or respiratory tract, hypotension, hypertension or disease of the heart, such that the examination, with reasonable medical certainty, will reveal the absence of disease of the lungs or respiratory tract, hypotension,
hypertension or disease of the heart.|
|48-74||Feb 22|| ||Opinion letter to the Honorable David Q. Reed|
|(1) Each county having federal flood control lands should assess the federal property in each school and road district in the county on the same basis as if it were privately owned, (2) the allocation of federal leaseback funds among the eligible
districts should be based on the hypothetical tax yield of the federal property in each district, and not on a simple acreage basis, (3) the money should be distributed to the several districts by the county court as soon as the proper
allocation has been computed, (4) a school or road district may bring a mandamus action against its county court to compel the distribution of the leaseback funds, and (5) a junior college district is eligible to receive federal flood
control leaseback funds on the same basis as other school districts in the county.|
|52-74||July 12|| ||Opinion letter to Mr. Charles O'Halloran|
|53-74||June 12|| ||Opinion letter to Ms. Margie L. Butler|
|55-74||June 18|| ||Opinion letter to the Honorable David Q. Reed|
|56-74||Apr 9|| ||Opinion letter to the Honorable Donald L. Manford|
|57-74||May 3|| ||Opinion letter to Mr. Edwin M. Bode|
|58-74|| || ||Withdrawn|
|62-74||Jan 9|| ||Opinion letter to the Honorable Robert Fowler|
|63-74|| || ||Withdrawn|
|64-74||Feb 14|| ||Opinion letter to the Honorable Charles M. LeCompte|
|65-74||Jan 16||MERIT SYSTEM.|
RULES & REGULATIONS.
|The Personnel Advisory Board of Missouri has the authority to authorize, by rule, that appointments under the merit system may be made at a rate of pay higher than the minimum for the class depending on bona fide recruitment needs which may
vary according to location.|
|66-74||Feb 1|| ||Opinion letter to the Honorable Sue S. Shear|
|67-74||Mar 27|| ||Opinion letter to the Honorable Robert Fowler|
|69-74||Feb 11|| ||Opinion letter to the Honorable Larry R. Marshall|
|71-74||Mar 25|| ||Opinion letter to the Honorable Christopher S. Bond|
|72-74||May 6|| ||Opinion letter to the Honorable Wesley A. Miller|
|74-74||Jan 15|| ||Opinion letter to the Honorable Charles J. Becker|
|75-74||Feb 19|| ||Opinion letter to the Honorable Jack Gallego|
|77-74||Jan 7|| ||Opinion letter to Mr. George M. Camp|
|79-74||Jan 16||TAXATION (CITY SALES).||A city may place restrictions upon the use of proceeds from a city sales tax by an ordinance which is referred to a vote of the people, but such restrictions may be altered by the governing body of the city, after the ordinance has been adopted,
without a subsequent vote of the people.|
|80-74||May 2||PROBATION AND PAROLE.||The Board of Probation and Parole may properly refuse to allow its clients to live in meretricious relationships during the term of their probation or parole and may likewise require that parolees or probationers sent to Missouri under the
terms of the Interstate Compact for Supervision of Parolees and Probationers not live in such relationships.|
|82-74||May 6|| ||Opinion letter to the Honorable Don Hancock|
|83-74||Jan 18|| ||Opinion letter to the Honorable James I. Spainhower|
STATE HIGHWAY COMMISSION.
DRIVERS' EDUCATION COURSES.
|It would be unconstitutional to appropriate revenue derived from highway users as an incident to their use or right to use the highways of the state for state approved courses in driver education in school districts.|
COUNTY NURSING HOMES.
|A nursing home operated by hospital trustees in conjunction with a hospital organized under Section 205.160, RSMo, is a "related facility" within the provisions of Section 1 of House Bill No. 1262, 76th General Assembly, and revenue bonds issued under such bill may be used for the construction, improvement, and repair of such combined hospital and nursing facility. Nursing homes which are governed by the county court under Section 205.375,
RSMo, may be constructed and equipped by the issuance of revenue bonds under that section but not under House Bill No. 1262.|
|A city or county library district has authority to lease land for a library building. The leases may be for a term of years provided the current income and revenue and surplus from previous years on hand at the time the lease is executed are
sufficient to provide for the payments called for by the lease.|
|89-74||May 28||AMBULANCES. |
GOOD SAMARITAN LAW.
|Section 20 of Senate Bill No. 57, 77th General Assembly, First Regular Session [Section 190.195, RSMo Supp. 1973], which purports to limit the civil liability of certain persons rendering
emergency medical services, violates the provisions of Article III, Section 23 of the Constitution of Missouri and is, therefore, void.|
|90-74||Jan 8|| ||Opinion letter to the Honorable Max Patten|
|92-74||Mar 29|| ||Opinion letter to Dr. Arthur L. Mallory|
|94-74||Mar 29|| ||Opinion letter to Mr. Charles A. Shaffer|
|95-74||Jan 25|| ||Opinion letter to Harold P. Robb, M.D.|
|96-74||Jan 9|| ||Opinion letter to the Honorable James A. Noland, Jr.|
|98-74||Mar 13||SUNSHINE ACT. |
MILK SALES ACT.
RULES AND REGULATIONS.
|Subsection 2 of Section 4, C.C.S.S.B. No. 1, 77th General Assembly (Sunshine Bill), excludes the information required to be filed by the Commissioner of Agriculture Rules 2.06 and 2.07
from being “public records” open to the public. It is our further opinion that the legislature in subsection 5 of Section 4 of the “Sunshine Bill” intended to exclude the information filed pursuant to Rules 2.06
and 2.07 as “public records” open to the public.|
|99-74|| || ||Withdrawn|
|100-74||Jan 18|| ||Opinion letter to the Honorable Larry R. Marshall|
|101-74||Feb 8||TAXATION. |
FIRE PROTECTION DISTRICTS.
|Taxes may be levied by the governing body of a county on behalf of a fire protection district at the time required by law for levy of taxes for county purposes, whether or not the board of such district has certified its rate of levy to the
county governing body by May 15. The tax may be imposed for a full year, although the district in question was formed after January 1.|
|103-74||Jan 23|| ||Opinion letter to the Honorable Phil H. Snowden|
|105-74||Feb 13||DEPUTIES. |
|The amount of compensation to be allowed a county clerk in a third class county to employ deputies and assistants under Section 51.450, RSMo 1969, is determined by compensation of the county clerk as provided in Section 51.300, RSMo Supp.
1973, and the compensation provided under Section 51.310, RSMo Supp. 1973, is not included.|
|107-74||Feb 14||BONDS. |
|The notice requirements for special school elections set out in Section 162.061, RSMo 1969, are satisfied by official notices published twenty-five and eighteen days before an election.|
|109-74||Mar 25||CRIMINAL PROCEDURE. |
|1. All records pertaining to the case of a defendant who has been nolle prossed, dismissed, or found not guilty in the court in which the action is prosecuted, and not merely the name of the defendant, must be removed from the records of the
trial court which are available to the public, and must be kept in separate records which are to be held confidential. Where possible, pages of the public records should be retyped or rewritten, omitting those portions of the records which
deal with such a defendant’s case; however, where retyping or rewriting is not feasible because of the permanent nature of the record book, such record entries may be “blacked out” and recopied in a confidential record
book. But the records of an appellate court which reverses a conviction and remands the case to the trial court are not to be closed, even if the case is nolle prossed, dismissed, or results in a finding of not guilty on remand. 2. The
obligation to advise persons and agencies holding records pertaining to the case of a defendant who has been nolle prossed, dismissed, or found not guilty, rests upon those who are aware that such persons and agencies possess such records,
and who are aware of the outcome of the case. Primarily this responsibility devolves upon the prosecuting attorney. 3. Law enforcement agencies are required to maintain confidential records of matters which are required to be closed, as
well as the public records which such agencies maintain on all other matters.|
|111-74||Feb 4||CRIMINAL LAW.|
|The expungement of records authorized by Section 195.290, RSMo Supp. 1971, requires the physical destruction of such records.|
|With respect to cities and counties which are required to maintain a system of voter registration under Sections 114.011-114.146, RSMo Supp. 1973: 1. Absent a specific statutory provision to the contrary, a political subdivision conducting
an election may have a polling place outside the boundaries of the political subdivision, provided that there is one polling place in each precinct in the political subdivision. 2. Any time two or more political subdivisions overlap within
the same precinct and conduct elections on the same day, they must select a common polling place within the precinct, and the county clerk must provide the precinct registration records at the place so designated. If the political subdivisions
involved cannot agree on a common polling place, the county clerk shall designate the polling place for the political subdivisions. 3. If two or more political subdivisions within an established precinct have an election on the same day
and the districts do not overlap, the common polling place may, if necessary, be located beyond the political boundaries of one or more of the subdivisions; and to the extent that Section 162.371 or any other similar statute is to the
contrary, it is deemed to have been implicitly repealed by Sections 114.011, 114.146. If the political subdivisions involved cannot agree on a common polling place, the county clerk shall designate the polling place for the political-subdivisions.|
|Section 111.111, RSMo 1969, applies only to situations where a general, primary or special election of the state or a county and an election by a political subdivision are held on the same day.|
|With respect to cities and counties which are required to maintain a system of voter registration under Sections 114.011 - 114.146, RSMo Supp. 1973: 1. A city may designate election precincts pursuant to Section 114.116, RSMo Supp. 1973, without
regard to the ward boundaries of such city, and may make the entire city one voting precinct; but a city located in more than one county must establish at least one election precinct in each such county. 2. A political subdivision encompassing
more than one precinct, or parts of more than one precinct, must establish a polling place within each such precinct when conducting an election, except where the political subdivision is specifically entitled by law to consolidate precincts
for that election and such consolidation will not interfere with the precinct system of voting in any other political subdivision which conducts an election on the same day. 3. In cases where there are not sufficient voters in a precinct
to staff a polling place, an election conducted by less than the number of statutorily required officials is valid. If no one can be found in that part of a political subdivision within a precinct who will serve as an election official,
election officials may be appointed for such precinct from elsewhere in the political subdivision.|
NURSING HOME DISTRICTS.
|In cities and counties governed by Sections 114.011-114.146, RSMo Supp. 1973: 1. The boards of nursing home districts and the boards of hospital districts may not designate voting precincts. The precincts for elections of those political subdivisions
are those established by the governing bodies of cities or by county courts pursuant to Section 114.116, RSMo Supp. 1973. The boards of nursing home districts and hospital districts may not consolidate such precincts. 2. When a political
subdivision other than a county holds an election, absentee ballots are to be furnished to voters by the political subdivision.|
|118-74 || || ||Withdrawn|
|119-74||May 28|| ||Opinion letter to the Honorable Vernon King|
|1. If one spouse who is eligible to receive a property tax credit under Sections 135.010 through 135.030, RSMo Supp. 1973, dies before the end of the calendar year for which the credit is to be claimed, the surviving spouse is entitled to
credit only if such surviving spouse can personally fulfill the requirements for claiming a credit as an individual. Specifically, the surviving spouse must have attained the age of sixty-five on or before the last day of the calendar
year for which the credit is claimed. 2. The personal representative of a deceased person who was eligible to claim the tax credit is entitled to receive the credit, if the deceased person survived to the end of the year for which the
credit is claimed, unless the credit is properly claimed by the deceased person’s surviving spouse.|
|121-74|| || ||Withdrawn|
|122-74||Feb 13|| ||Opinion letter to Dr. Arthur L. Mallory|
|123-74||Jan 30||CONSTITUTIONAL LAW.|
|Under the provisions of Section 20(a) of Article III of the Missouri Constitution, the first extraordinary session of the 77th General Assembly will be automatically adjourned sine die at midnight, Friday, February 1, 1974, unless it has adjourned sine die prior thereto.|
|124-74||Feb 8||PARKING FACILITY.|
|The Joint Resolution (House Committee Substitute for Senate Concurrent Resolution, No. 2, House Journal First Extra Session, Sixteenth Day) of the Missouri General Assembly purporting to regulate parking facilities on the Capitol grounds and
in the Capitol garage is invalid to the extent that it conflicts with the statutory authority of the Office of Administration to regulate parking upon the Capitol grounds but is valid to the extent that it regulates parking in the facility
whose construction was authorized by House Bill No. 75 (Laws 1961, p. 568). Said resolution, not having the force and effect of law and being administrative in nature is not required to be approved by the Governor and is not precluded
from adoption in a special session.|
|125-74|| || ||Withdrawn|
|126-74||Mar 1|| ||Opinion letter to the Honorable Don Manford|
|127-74||Mar 18|| ||Opinion letter to the Honorable Arthur T. Stephenson|
|128-74||May 24|| ||Opinion letter to Mr. W. Clifton Banta, Jr.|
|129-74||Apr 4|| ||Opinion letter to the Honorable Harry Rupert Stafford, Jr.|
|130-74|| || ||Withdrawn|
|132-74|| || ||Withdrawn|
|136-74||Mar 6||CITY OFFICERS.|
CITIES, TOWNS & VILLAGES.
|A member of the board of trustees of a city hospital of a third class city established pursuant to the provisions of Sections 96.150, RSMo et seq., may be removed under the procedures provided by Section 77.340, RSMo. Such trustees being city
officers within the meaning of Section 77.400, RSMo, are within the conflict of interest provisions of Section 77.470, RSMo.|
|137-74||May 7|| ||Opinion letter to the Honorable Ronald McKenzie|
|139-74||Apr 10|| ||Opinion letter to the Honorable James N. Riley|
|A foreign judgment filed for registration under the provisions of Supreme Court Rule 74.79 is not a final judgment required to be abstracted under the provisions of Supreme Court Rules 74.76 and 74.77 until the court in which said foreign
judgment is filed for registration shall enter a final judgment as provided under Rule 74.79.|
|144-74||Mar 6|| ||Opinion letter to the Honorable Russell G. Brockfeld, Honorable Omar Schnatmeier,
Honorable Fred Dyer and Honorable George P. Dames|
|147-74||Mar 5|| ||Opinion letter to the Honorable Harold Dickson|
|148-74||Mar 6|| ||Opinion letter to the Honorable W. O. Howard|
|151-74|| || ||Withdrawn|
|152-74|| || ||Withdrawn|
|154-74||Apr 23|| ||Opinion letter to the Honorable Kenneth J. Rothman|
|156-74|| || ||Withdrawn|
|158-74||July 18|| ||Opinion letter to Mr. Carl Noren|
|159-74||Apr 5|| ||Opinion letter to the Honorable James I. Spainhower|
|160-74||Mar 18|| ||Opinion letter to the Honorable Raymond Howard|
|161-74||Apr 4||MENTAL HEALTH COMMISSION.|
DEPARTMENT OF MENTAL HEALTH.
|The new Department of Mental Health, to be established pursuant to Section 37(a), Article IV, Missouri Constitution and Senate Bill No. 1, 77th General Assembly, First Extra Session,
will be under the control of the director of such department. The provision of Senate Bill No. 1, which purports to vest the control of such department in a State Mental Health Commission, is invalid.|
|162-74|| || ||Opinion letter to Mr. Robert L. James|
TAXATION (SALES & USE).
|The gross receipts of the State Fair, derived from the sale of admission tickets, are subject to Missouri sales tax. The gross receipts from the sale of admission tickets to county fairs sponsored by fair associations, or by 4-H Extension
Councils, are exempted from sales tax by Senate Bill No. 607, 77th General Assembly (1974). Sales of tickets to county fairs sponsored by other types of private organizations are
exempted from sales tax by Section 144.040.1, RSMo, as amended by House Bill No. 1593, 77th General Assembly (1974), only if the sponsoring organizations are charitable organizations.|
|164-74||July 9|| ||Opinion letter to Mr. James R. Spradling|
|167-74||May 6|| ||Opinion letter to the Honorable James I. Spainhower|
|169-74||July 11|| ||Opinion letter to the Honorable James F. McHenry|
|170-74||Mar 27|| ||Opinion letter to the Honorable Keith Barbero|
|171-74||June 26|| ||Opinion letter to the Honorable Frank Bild|
|172-74||Apr 5|| ||Opinion letter to Harold P. Robb, M.D.|
|173-74||Apr 11|| ||Opinion letter to Mr. Charles L. Arnold, Sr.|
COUNTY BOARD OF EQUALIZATION.
|Members of the county board of equalization established pursuant to Sections 138.010 and 138.020, RSMo, are entitled to statutory per diem unless they receive only salary as compensation for the office which they hold.|
|176-74||May 10|| ||Opinion letter to the Honorable Jerold L. Drake|
|178-74||Apr 16|| ||Opinion letter to Dr. Arthur L. Mallory|
RULES & REGULATIONS.
STATE BOARD OF EDUCATION.
|Children may not be excused from the compulsory school attendance requirements of Section 167.031 unless they are “mentally or physically incapacitated,” and Section 162.685(5), RSMo Supp. 1973, does not authorize the State Board
of Education to adopt regulations permitting handicapped children to attend a public school special education program for less than a full school day and attend a nonpublic school
for the remainder of the day, when the children in question are between the ages of seven and sixteen. However, handicapped children between the ages of seven and sixteen who have been excused from full-time attendance at public school
because they are “mentally or physically incapacitated” may attend a nonpublic school for the remainder of the day if they wish. Children who are not between the ages
of seven and sixteen may attend a public school special education program for less than a full school day because those children are not subject to the compulsory attendance law. Such children may attend a nonpublic school for the remainder of the day if they wish. State aid shall be paid on a pro rata basis for all special education students attending special education classes part-time regardless of age.|
|181-74||May 28|| ||Opinion letter to the Honorable John D. Ashcroft|
|184-74||Apr 11||FUEL ALLOCATION BOARD.||Section 414.150, RSMo, which makes it unlawful for any person to offer fuel products for sale in any manner so as to tend to deceive the purchaser as to the nature, quality, and identity of the product or under any name except the true trade
name is not applicable to fuel allocations made by the Missouri Fuel Allocation Board.|
|185-74||May 1|| ||Opinion letter to Mr. Bert Shulimson|
|Language in an appropriation bill for "personal service" such as Section 16.070, CCSHB No. 1016, passed by the 77th General
Assembly, which provides "Any monies accrued due to vacancies or delayed pay increases must be lapsed." is legislating in an appropriation bill and is unconstitutional in violation of Article III,
Section 23, Constitution of Missouri. Such language is severable and the appropriated sums for personal service are valid.|
FISCAL AFFAIRS COMMITTEE.
COMMISSIONER OF ADMINISTRATION
|The provision in the Omnibus State Reorganization Act of 1974 (S.B. 1) which purports to give authority to the Committee on State Fiscal Affairs and the Commissioner of Administration to “alter” the purpose of appropriations is
unconstitutional in violation of Article IV, Section 28 and Article III, Sections 21 through 33, Constitution of Missouri. Similar language in appropriation bills is also unconstitutional
in violation of Article III, Section 23, Constitution of Missouri.|
|The proceeds of the sale of any property forfeited to the state pursuant to Section 195.145, RSMo 1969, and sold at public or private sale, should, after payment of the cost of storage, if any, and the cost of the proceedings of the case,
be paid into the county school fund.|
|193-74||July 26||STATE UNIVERSITIES. |
COORDINATING BOARD FOR HIGHER EDUCATION.
CONFLICT OF INTEREST.
|The positions of member of the Coordinating Board for Higher Education and board member of a Missouri Junior college district or trustee or regent of a state university are incompatible and one person may not hold both positions at the same
|195-74||May 28|| ||Opinion letter to the Honorable Phil Snowden|
|196-74||May 1|| ||Opinion letter to the Honorable Jack E. Gant|
|200-74||May 13||LICENSES. |
DIRECTOR OF REVENUE.
|A person whose driver’s license has expired can be placed under suspension or revocation by the Director of Revenue upon the accumulation of the necessary points; and such a person, or a person whose license expires subsequent to the
issuance of a revocation or suspension, is subject to prosecution under Section 302.321, RSMo Supp. 1973, if apprehended while driving during the period in which the suspension or revocation is in effect.|
|201-74||May 10|| ||Opinion letter to the Honorable Michael L. Shortridge|
|202-74||May 10||BOWLING. |
TAXATION (SALES & USE).
|Charges for the use of billiard, pool, bowling, and similar amusement or recreational facilities are subject to Missouri state sales tax under Section 144.020, subsection 1(2), RSMo Supp. 1973 (Senate Bill No. 407, 77th General Assembly).|
|203-74||May 16|| ||Opinion letter to the Honorable Robert T. Johnson|
|205-74||June 5|| ||Opinion letter to the Honorable James Millan|
|206-74||May 20|| ||Opinion letter to the Honorable Jack E. Gant|
|207-74||Apr 19|| ||Opinion letter to the Honorable Robert E. Young|
|208-74||May 10|| ||Opinion letter to Mr. B. W. Robinson|
|209-74||May 14|| ||Opinion letter to the Honorable James C. Kirkpatrick|
|212-74||May 10||APPROPRIATIONS.||The letters "FTE" used in appropriations for personal services in bills passed by the 77th General Assembly do not affect
or restrict the authority of governmental units, to whom appropriations are made, to expend the sums appropriated for "personal services" for the number of employees provided for by general statutes or the number deemed necessary, and
proper by such governmental unit if the number of employees is not provided for by general statutes.|
|213-74||May 10||APPROPRIATIONS.||The term "estimate," found in C.C.S.H.B. No. 1004, 77th General Assembly, and other appropriation bills, is merely informational and has no legal effect.|
|214-74|| || ||Withdrawn|
|(1) The Mental Health Commission, and not the Governor, has authority to appoint the director of the Department of Mental Health, and (2) the Governor and the Mental Health Commission are each authorized to remove the director of mental health.|
|216-74|| || ||Withdrawn|
|217-74||May 10||APPROPRIATIONS.||The Governor has the authority to establish the level of salary of the director of the Department of Transportation and such funds appropriated to the department, for personal service, may be utilized to supplement the amount appropriated
for the salary of the director.|
|218-74||May 23|| ||Opinion letter to the Honorable James C. Kirkpatrick|
|220-74||June 11||MERIT SYSTEM.|
DEPARTMENT OF SOCIAL SERVICES.
|In addition to the Director of the Department of Social Services and his secretary, and the division directors and their secretaries, and three additional positions in each division, all positions included in the exemptions listed in Section
36.030.1, RSMo, are excluded from the requirements of Chapter 36, RSMo.|
|221-74||June 18||REORGANIZATION ACT.||Under the provisions of Senate Bill No. 1, 77th General Assembly, First Extraordinary Session, where a division is created by statute and an existing agency is transferred to it by
"Type I" transfer, the department head has the power that he would if the agency were transferred by "Type I" transfer to the department, except he may not abolish the division and he may not assign the function of the previously existing
agency to another division in the department.|
|222-74||June 26|| ||Opinion letter to Mr. G. L. Donahoe|
|223-74|| || ||Withdrawn|
COUNTY HEALTH CENTER.
|A county health center established pursuant to Chapter 205, RSMo 1969, is not a political subdivision within the meaning of Section 70.600(19), and that the board of trustees of a county health center cannot establish a plan for the pensioning
of its officers and employees separate and apart from that provided in Chapter 70, RSMo, providing for the Missouri Local Government Retirement System.|
|227-74||June 13|| ||Opinion letter to the Honorable James G. Lauderdale|
|228-74||June 10|| ||Opinion letter to Mr. James R. Spradling|
|229-74||June 18|| ||Opinion letter to the Honorable Kenneth J. Rothman|
|230-74||Aug 23|| ||Opinion letter to Mr. James L. Wilson|
|235-74||June 18||REORGANIZATION ACT.|
DEPARTMENT OF NATURAL RESOURCES.
|(1) The positions of executive secretary of the Air Conservation Commission, Clean Water Commission, and Inter-Agency Council for Outdoor Recreation are abolished and the director of the Department of Natural Resources shall cause the policies
of these boards to be executed and directors of staff shall be appointed by the director of the department to service these agencies, (2) there is no position comparable to “executive secretary” for the Soil and Water Districts
Commission and the director of the department shall cause the policies of this commission to be executed and shall appoint a director of staff to service the commission; (3) the director of the department shall cause the policies of the
Oil and Gas Council to be executed and shall appoint a state geologist who shall serve as director of staff to the council; (4) the position of director of the Land Reclamation Commission continues and the commission shall select such
director who shall be the “director of staff”; and (5) none of the above positions are merit positions under Chapter 36, RSMo.|
|236-74||June 13||CREDIT UNIONS.|
|The Director of the Division of Credit Unions in the Department of Consumer Affairs, Regulation, and Licensing is not required to meet the qualifications expressed in Section 370.100, RSMo 1973 Supp.|
|237-74|| || ||Withdrawn|
|238-74||Sept 3|| ||Opinion letter to the Honorable Frank Bild|
|241-74||Sept 3|| ||Opinion letter to Harold P. Robb, M.D.|
|(1) Dentists are not authorized to conduct a complete physical evaluation of a patient and (2) dentists are not physicians within the meaning of Section 193.140 authorizing physicians to certify cause of death on a death certificate.|
|244-74||July 11|| ||Opinion letter to the Honorable Thomas W. Shannon|
|245-74||July 12|| ||Opinion letter to Mr. Robert L. James|
|246-74||June 26|| ||Opinion letter to the Honorable Christopher S. Bond|
|247-74||July 11|| ||Opinion letter to the Honorable William L. Mauck|
|249-74|| || ||Withdrawn|
|253-74||Oct 31|| ||Opinion letter to the Honorable A. J. Seier|
|254-74||Sept 16|| ||Opinion letter to the Honorable Donald L. Manford|
|255-74||July 31|| ||Opinion letter to Mr. Jack K. Smith|
|The judicial district committees of the twentieth judicial circuit are composed of the chairman and vice chairman of the county committees of Franklin, Gasconade and Osage Counties and if there are parts of cities included in the twentieth
judicial circuit, the ward committeemen and committeewomen from the wards in whole or in part in such parts of such cities are also included as members of the judicial district committee of the twentieth circuit.|
|261-74||Sept 18|| ||Opinion letter to Mr. J. E. Riney|
|Under the provisions of Senate Bill No. 348, Second Regular Session, 77th General Assembly, which amends Section 311.095, RSMo, the Supervisor of Liquor Control cannot issue a retail
by the drink liquor license to the lessee of the restaurant premises of a motel-restaurant combination and a separate retail by the drink license to the owner of the motel premises of a motel-restaurant combination.|
|The judicial district committee of the 23rd Judicial Circuit of each political party shall be composed of the chairman and vice chairman of the county committees of Washington and
Jefferson Counties and the chairman and vice chairman of the 122nd, 123rd and 124th legislative districts. The nominations may be made by the committee members holding such offices between August 13, 1974 and the third Tuesday in August 1974, and if not made by such committee members, may be made by the committee members
elected the third Tuesday in August 1974.|
|265-74||July 11|| ||Opinion letter to Dr. Arthur L. Mallory|
|266-74||Nov 1|| ||Opinion letter to Mr. Charles M. Kiefner|
|268-74|| || ||Withdrawn|
|269-74||Sept 16|| ||Opinion letter to the Honorable William B. Waters|
|270-74||July 25|| ||Opinion letter to the Honorable William Dick Fickle|
|272-74||Aug 21|| ||Opinion letter to the Honorable James A. Noland, Jr.|
|275-74||Dec 5|| ||Opinion letter to Mr. Lawrence Graham|
|276-74||July 26|| ||Opinion letter to the Honorable James F. Conway|
|278-74||Aug 21|| ||Opinion letter to Mr. James Wilson|
|279-74||Nov 21|| ||Opinion letter to the Honorable Dan Bollow|
STATE RETIREMENT SYSTEM.
|1. Juvenile officers 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. Deputy juvenile officers are not entitled to membership
or prior membership credit in the Missouri State Employees' Retirement System. |
2. Such juvenile officers are entitled to membership in the Missouri State Employees' Retirement System on the full amount of their salaries.
|283-74||Oct 22|| ||Opinion letter to the Honorable Robert O. Snyder|
|286-74||Oct 25|| ||Opinion letter to the Honorable Hardin C. Cox|
|287-74||Nov 14||LIENS.||Section 429.010 (S.C.S.H.S. House Bill No. 1251, 77th General Assembly, Second Regular Session) with respect to mechanic’s liens requires the “NOTICE TO OWNER” to
be printed in “ten point bold type.” The normal typewriter is not capable of printing a typeface in “ten point bold type.” The underlining of type which is not “bold” or boldface does not make it so.
There is no requirement that lien waivers be provided a consumer by an original contractor as a condition precedent to the filing of a mechanic’s lien.|
|(1) A person may be designated to serve as an election judge or clerk in a precinct in which he does not reside if the election authority cannot find sufficient qualified persons within the precinct to act as election officials, and (2) persons
so selected can vote an absentee ballot if the precinct in which they serve as election judges or clerks is located outside the county where they are registered to vote but not otherwise.|
|290-74||Dec 6||DEPARTMENT OF MENTAL HEALTH.|
STATE BOARD OF EDUCATION.
|(1) Sections 162.670 et. seq., RSMo Supp. 1973, give responsibility for providing special educational services for all handicapped and severely handicapped children to local school districts, special school districts and the State Board of
Education. The Department of Mental Health has the duty to assure that children in its programs are receiving special educational services, either by providing them under the provisions of Chapter 202, RSMo, or by procuring them from the
responsible educational agency; (2) The Department of Mental Health may use state appropriated funds to provide transportation for its patients to and from special educational programs, whether those programs are provided by the Department
of Mental Health itself, by a school district or special school district, by the State Board of Education, or by a public or private agency under contract; and (3) Federal developmental disability funds may be used, with the approval of
the Governor’s Council on Mental Retardation and Other Developmental Disabilities, for the transportation of developmentally disabled students to and from special education programs for the handicapped and severely handicapped.|
|291-74|| || ||Withdrawn|
|292-74||Sept 16|| ||Opinion letter to the Honorable Larry R. Marshall|
|297-74||Sept 5|| ||Opinion letter to the Honorable James C. Kirkpatrick|
|298-74||Sept 16|| ||Opinion letter to Mr. William R. Kostman|
|300-74|| || ||Withdrawn|
|301-74||Sept 27|| ||Opinion letter to Mr. Robert L. James|
|302-74||Sept 17||CONSTITUTIONAL LAW.|
|Neither the Missouri Constitution nor the United States Constitution forbids the two-thirds majority needed for tax and bond elections under Article X, Section 11 (c) and Article VI, Section 26 (b) of the Missouri Constitution.|
|303-74||Oct 28|| ||Opinion letter to the Honorable Garnett A. Kelly|
Amended Jan 28, 1975
|A magistrate judge over the age of sixty-five who has served as a magistrate judge or as a justice of the peace in the state of Missouri for a period of time totaling an aggregate of twelve years and who after September 28, 1971 ceases to
hold his office as magistrate judge by voluntary resignation is entitled to retirement pay equal to fifty percent of the compensation provided by law at the time of his retirement for the judges of the highest court the retired judge served
as a full-time judge, to be paid monthly during the remainder of his life, said compensation to begin from the date of his resignation as magistrate judge.|
|306-74||Nov 21|| ||Opinion letter to the Honorable Frank G. Mack|
|307-74||Oct 8|| ||Opinion letter to the Honorable Ed Bohl|
|Ballot cards used in an electronic voting machine should be initialed by two judges of opposite politics. However, if ballots are cast which are not initialed by the election judges, such ballots are to be counted if otherwise in compliance
with legal requirements.|
|312-74||Sept 23|| ||Opinion letter to the Honorable Kenneth J. Rothman|
|County assessors may receive additional compensation for the duties imposed on them under Sections 53.073 and 53.074 (Senate Bill No. 373, 77th General Assembly, Second Regular Session)
for the year 1974 but that such additional compensation is annual compensation payable only on a prorated basis from the effective date of the act, August 13, 1974, to the end of the year.|
|314-74||Oct 8|| ||Opinion letter to the Honorable Vernon E. Bruckerhoff|
MOTOR VEHICLE LICENSES.
|1. A statement that additional arrests will be made if there is further movement on the highway of an improperly registered commercial motor vehicle, or that further arrests subsequent to the first arrest for movement on the highway of an
improperly registered commercial motor vehicle will be made by members of the Missouri State Highway Patrol, as proposed by the Missouri Highway Reciprocity Commission, is not illegal or improper under Missouri law. 2. Such action by an
officer of the Missouri State Highway Patrol would not render him liable to civil damages for loss of revenue or damage to the vehicle and cargo during the period of time that the vehicle is parked pending proper registration/and payment
of proper fees. 3. Any delay in movement of the goods contained in the improperly registered commercial motor vehicle pending proper registration and payment of the proper fees would not give rise to a successful charge of unduly burdening
|320-74||Oct 31||CONSTITUTIONAL LAW.|
|The Wainwright Building architectural design contest does not violate Section 38(a) of Article III of the Missouri Constitution because the payment of prize money to the architects
who submitted the winning designs for renovation and reconstruction of the Wainwright Building constituted a payment for services of the architects and not a gratuitous grant prohibited by the provisions of Section 38(a) of Article
|323-74||Oct 29|| ||Opinion letter to Dr. Arthur L. Mallory|
|324-74||Oct 16||STATE AUDITOR.|
|With respect to petitions for the audits of political subdivisions by the state auditor under subsection 2 of Section 29.230, RSMo, that: (a) “qualified voter” as used in such subsection means registered voter; |
must be registered as of the time of signing the petitions although the auditor may use the notarization date as the date to verify whether such signers are registered in the absence of any date on the petitions indicating the precise
date of the signatures; (c) insufficient petitions may be supplemented by permission of the state auditor if the auditor believes that there is a reasonable expectation that sufficient signatures may be obtained within a reasonable time.
|To the extent that the salaries of assessors of second, third, or fourth class counties would be increased by the provisions of Section 53.071.3, Senate Bill No. 373, 77th General
Assembly, Second Regular Session, because of the use of the present tax year's assessed valuation instead of the preceding year's assessed valuation, such section does not apply to such assessors during their present terms of office.|
|328-74||Oct 29||REGIONAL PLANNING COMMISSION.|
PLANNING AND ZONING.
|The requirements of notice, publication and public hearing contained in Section 251.430, RSMo, do not apply to the withdrawal at the end of a fiscal year of a regional planning commission by a local unit of such regional planning commission
when the commission has been in existence more than ninety days.|
|329-74|| || ||Withdrawn|
|330-74||Oct 8|| ||Opinion letter to the Honorable Zane White|
|331-74||Dec 31|| ||Opinion letter to Mr. Robert L. James|
|334-74||Nov 18||SENATORS. |
CONFLICT OF INTEREST.
|A member of the General Assembly who is an agent for an insurance company is not prohibited by the Constitution or state law from selling group insurance covering school personnel.|
|339-74||Oct 28|| ||Opinion letter to Dr. Arthur L. Mallory|
|A member of a school board of an urban district, who is elected secretary or treasurer of the board, is prohibited from receiving compensation for services as secretary or treasurer.|
|341-74||Dec 5|| ||Opinion letter to the Honorable Bud Fendler|
|342-74||Nov 27|| ||Opinion letter to the Honorable Bud Fendler|
DEED OF TRUST.
RECORDER OF DEEDS.
|When a deed of trust or mortgage is filed for record in a second class county to secure the payment of a guaranty in writing as described herein such guaranty shall be presented to the recorder of deeds who shall stamp or write upon such written
guaranty an identification thereof as being instruments described in such mortgage or deed of trust, and in certifying the releases, the recorder shall certify that such identified instruments were produced and canceled.|
|347-74||Oct 31|| ||Opinion letter to Dr. Arthur L. Mallory|
|348-74||Dec 5|| ||Opinion letter to Mr. James R. Spradling|
|349-74||Nov 7|| ||Opinion letter to Mr. Robert L. James|
|A sewer district organized by a county court of a third class county under the provisions of Sections 249.430 to 249.660, RSMo, has authority to issue revenue bonds under the provisions of Chapter 250, RSMo.|
|351-74||Nov 8||COUNTY TREASURERS.|
|Section 146.056, RSMo, which requires certain duties of county treasurers with respect to the state intangible tax has been repealed by implication and such treasurers are not entitled to the additional compensation provided by Section 54.275,
RSMo for such services no longer rendered by them.|
|353-74||Dec 17|| ||Opinion letter to the Missouri Commission on Human Rights|
|355-74||Dec 30|| ||Opinion letter to the Honorable Morris G. Westfall|
|358-74|| || ||Withdrawn|
|363-74|| || ||Withdrawn|
|364-74|| || ||Withdrawn|
|372-74||Dec 30|| ||Opinion letter to the Honorable Donald L. Manford|
|373-74||Dec 9|| ||Opinion letter to the Honorable John A. Sharp|
|376-74||Nov 25|| ||Opinion letter to the Honorable William S. Brandom|
|377-74|| || ||Withdrawn|
|382-74||Dec 31||SUNSHINE LAW.|
CITIES, TOWNS & VILLAGES.
|1. Section 610.100, RSMo Supp. 1973, with respect to arrest records, is applicable to arrests for ordinance violations of the City of Maplewood, if such arrests were made within the
geographical boundaries of such city or within the geographical boundaries of St. Louis County. 2. Section 610.100 is not applicable to situations in which the accused person has been given a summons which notifies him that charges are
pending against him, but has not actually been arrested. 3. Section 610.100 does not require expungement of records pertaining to arrests for charges which have been amended to
charge lesser offenses than those of which the person was originally accused, if the person was charged with any offense within thirty days of his arrest.|