Missouri AG Opinions — 1974

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.

Opinion letter to the Honorable Phil Snowden

Opinion letter to the Honorable John D. Ashcroft

Opinion letter to the Honorable Vernon King

Opinion letter to Mr. W. Clifton Banta , Jr.

Opinion letter to the Honorable James C. Kirkpatrick

Opinion letter to the Honorable Maurice Schechter

Opinion letter to the Honorable Jack E. Gant

Opinion letter to the Honorable Robert T. Johnson

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 library district.

Opinion letter to the Honorable James C. Kirkpatrick

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.

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.

The term "estimate," found in C.C.S.H.B. No. 1004, General Assembly, and other appropriation bills, is merely informational and has no legal effect.

The letters "" used in appropriations for personal services in bills passed by the 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.

Opinion letter to Mr. B. W. Robinson

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, General Assembly).

Opinion letter to the Honorable Michael L. Shortridge

Opinion letter to the Honorable Jerold L. Drake

Opinion letter to the Honorable Ronald McKenzie

Opinion letter to the Honorable Don Hancock

Opinion letter to the Honorable Wesley A. Miller

Opinion letter to the Honorable James I. Spainhower

Opinion letter to Mr. Edwin M. Bode

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.

Opinion letter to the Honorable Jack E. Gant

Opinion letter to Mr. Bert Shulimson

Opinion letter to Mr. Charles A. Shaffer

Opinion letter to Dr. Arthur L. Mallory

Opinion letter to the Honorable Robert Fowler

Opinion letter to the Honorable Keith Barbero

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.

Opinion letter to the Honorable Christopher S. Bond

Opinion letter to the Honorable Donald L. Manford

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.

Addendum to Opinion No. 42

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.

Opinion letter to the Honorable Christopher S. Bond

Opinion letter to the Honorable Christopher S. Bond

Opinion letter to the Honorable Raymond Howard

Opinion letter to the Honorable Arthur T. Stephenson

Article , 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.

Subsection 2 of Section 4, C.C.S.S.B. No. 1, 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.

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.

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.

Section 111.111, RSMo 1969, applies only to situations where a general, primary or special election of the state or a county 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. 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.

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 1969.

Opinion letter to the Honorable W. O. Howard

Opinion letter to the Honorable Russell G. Brockfeld , Honorable Schnatmeier , Honorable Fred Dyer and Honorable George P. Dames