Missouri Attorney General Opinions

Opinion Letter to The Honorable James F. Antonio

The Department of Mental Health has the authority to create the “patient's trust fund” by C.C.S.H.B. 1724, Sections 630.305 through 630.315, General Assembly. The Department of Mental Health has the authority to expend funds from the “patient's trust fund” either to provide patients or residents “easy access” to their funds or to spend the funds as representative payee or other fiduciary under public or private benefit arrangements. The Department of Mental Health has the authority under Sections 630.305 through 630.315 to administer the “patient's trust fund” without the approval or supervision of any other state agency.

A sixteen year old person arrested for violation of a state or municipal traffic ordinance or regulation, the violation of which does not constitute a felony, who refuses to submit to a chemical test to determine the alcoholic content of his or her blood, is subject to provisions of § 577.050, RSMo, relating to penalties for failure to submit to such test.

A Chapter 355 corporation may be merged into a Chapter 352 corporation, in the manner provided in Section 352.150. Once a judicial determination of lawfulness of the merger between two such corporations has been made, the secretary of state must file the facially valid documents presented to him as required by law.

Opinion Letter to The Honorable Robert B. Paden

An associate circuit judge of the probate division of the circuit court who was a probate judge on January 2, 1979, does not become a circuit judge of the probate division in a county of the second class which first attains a population of over 65,000 inhabitants under the 1980 official Census.

Section 320.235, RSMo 1978, permits the State Fire Marshal to release investigatory statements, testimony and reports to the public, provided that such statements, testimony and reports are not required to be kept confidential by any state or federal law.

Section 167.241, RSMo Supp. 1979, does not authorize a school board that does not maintain an approved high school offering work through the twelfth grade to designate an unapproved high school for attendance by resident pupils who have completed the work of the highest grade offered in the schools of the district, both by reason of § 167.131, RSMo 1978, and the provisions of § 167.241, RSMo Supp. 1979, requiring the board only to choose from high schools that meet minimum classification standards adopted by the State Board of Education.

Opinion Letter to The Honorable Melvin Smith

Opinion Letter to The Honorable Fred B. Brummel

Opinion Letter to The Honorable F. M. Wilson

Opinion Letter to The Honorable Edwin L. Dirck

Opinion Letter to The Honorable Paul Bradshaw

Opinion Letter to The Honorable Dotty Doll

Opinion Letter to The Honorable Marvin E. Proffer

Opinion Letter to The Honorable Paul Dietrich

Opinion Letter to The Honorable James F. Antonio

Opinion Letter to The Honorable Meredith Ratcliff

The Department of Mental Health and its facilities should deposit monetary grants, gifts, donations, devises and bequests to the credit of the Mental Health Trust Fund. State purchasing requirements relating to bids must be complied with unless it is impossible to make such purchases on a bid basis because of the provisions of the donations or bequests or if the property is of a technical nature in which case direct purchases can be authorized.

Opinion Letter to The Honorable Gary E. Stevenson

Opinion Letter to The Honorable Stephen R. Sharp

1. A refund of accumulated contributions could be paid to a circuit court clerk who terminates his membership and requests a refund under the provisions of subsection 2 of § 104.350 of House Bill 983 as enacted by the General Assembly. 2. A refund of accumulated contributions could be paid to a beneficiary or the estate of a circuit court clerk under the provisions of subsection 3 of § 104.372 of House Bill 983 as enacted by the General Assembly in the event of the death of a circuit court clerk. 3. A refund of accumulated contributions could be paid to a circuit court clerk at retirement under the present provisions of subsection 2 of § 104.372 of House Bill 983 as enacted by the General Assembly. 4. A refund of accumulated contributions could not be paid to a circuit court clerk prior to retirement under the present provisions of subsection 4 of § 104.372 of House Bill 983 as enacted by the General Assembly and signed into law by the Governor on February 14, 1980.

Opinion Letter to The Honorable John E. Scott

Opinion Letter to The Honorable Truman E. Wilson

Opinion Letter to The Honorable Ralph Uthlaut , Jr.

Opinion Letter to The Honorable Joe Moseley

Opinion Letter to Dr. Arthur L. Mallory

Opinion Letter to The Honorable James F. Antonio

(1) Presidential electors are state officers elected to statewide office. Consequently, in order for a new party to meet the statutory requirements of § 115.315, RSMo 1978, and nominate presidential electors and place its candidate for the United States President before this State's electorate it must meet the signature and petition requirements imposed by § 115.315.4, RSMo 1978. (2) If a new political party submits a petition in which some of its candidates meet the requirements of § 115.315, RSMo 1978, and others do not, those that do are legally entitled to be placed on the ballot. (3) In order for a new political party to place its candidates on the ballot in this State it must give a complete list of the names and addresses, including the street and number, of all candidates to be nominated for office, as specifically called for in § 115.315.2(3), RSMo 1978.

Money the sheriff of a second class county receives for copying offense reports, serving process from other counties, and acting as a special commissioner in partition sales should be paid to the county treasury.

Money the sheriff of a second class county receives for copying offense reports, serving process from other counties, and acting as a special commissioner in partition sales should be paid to the county treasury.

Money the sheriff of a second class county receives for copying offense reports, serving process from other counties, and acting as a special commissioner in partition sales should be paid to the county treasury.

Money the sheriff of a second class county receives for copying offense reports, serving process from other counties, and acting as a special commissioner in partition sales should be paid to the county treasury.

Interest earned by a county on money which the county receives from the County Aid Road Trust Fund should be credited to the county road and bridge fund and not to the county general revenue fund.

Opinion Letter to The Honorable Harriett Woods

Opinion Letter to David R. Freeman

A second class county collector is not entitled to retain any of the fees collected under § 151.280, RSMo.

Opinion Letter to The Honorable Richard M. Webster

Opinion Letter to The Honorable Russell G. Brockfeld

Parents of school-aged handicapped or severely handicapped children admitted to the Department of Mental Health may not be charged for special education and related services. If the admissions of any such children is necessary for them to receive appropriate special education and related services, then their parents may not be charged for special education, related services, nonmedical care, and room and board. School districts and special school districts are obliged to pay towards the costs of special education and related services rendered by the Department of Mental Health to its full-time patients or residents. Absent a contractual provision, we find no authority for the Department of Mental Health to charge the State Board of Education for special education it chooses to render to patients and residents of its facilities.

Parents of school-aged handicapped or severely handicapped children placed by the Department of Mental Health with community placement providers may not be charged for special education and related services. If the placement of any such children is necessary for them to receive appropriate special education and related service, then their parents may not be charged for special education, related services, nonmedical care, and room and board. School districts and special school districts of domicile are obliged to pay towards the costs of special education and related services rendered by the serving school districts and special school districts. The State Board of Education shall provide special educational services to the severely handicapped children who cannot receive such services from the school districts where the children actually reside.

Opinion Letter to The Honorable Robert H. House

A municipality coming within the provisions of §§ 590.100 to 590.150, RSMo, may impose a $2.00 court fee for peace officer training under § 590.140, RSMo, in addition to the maximum court costs provided under § 479.260, RSMo.

Opinion Letter to Dr. Paul R.

Opinion Letter to The Honorable Allan G. Mueller

The provisions of subsection 15 of § 104.310, RSMo Supp. 1979, relating to the definition of “employee” insofar as the Missouri State Employees’ Retirement System laws are concerned and providing that the word “employee” does not include any employee who is currently accumulating benefits under some other retirement or benefit fund to which the state is a contributor is not retroactive but is applicable beginning January 1, 1979. Such provisions allow certain persons to come within the definition of “employee” and to receive membership credit beginning January 1, 1979, if they are not accumulating benefits in another system to which the state is a contributor.

The $3.00 fee which the county clerk is authorized to receive for his services pursuant to § 51.410, RSMo Supp. 1979, does not apply where a different statute prescribes the fee which is to be charged and, in the absence of an express statutory provision, does not apply to services rendered by the clerk to the county, other political subdivisions or special districts of the state or to public officers of the state and local governments in the performance of their duties.

Opinion Letter to The Honorable Richard M. Webster

Opinion Letter to The Honorable Carl Muckler

A magistrate judge who was elected to a full term in November of 1978 in Jackson County became an associate circuit judge under the nonpartisan court plan on January 2, 1979, and is entitled to serve a full four-year term beginning January 1, 1979, through December 31, 1982, and therefore does not run for retention in 1980. Associate circuit judges in St. Louis County who were appointed by the governor after the general election in 1978 and before January 2, 1979, to fill additional magistrate positions or to fill a vacancy under repealed §§ 482.010.3 or 482.020 complete the terms for which they were appointed December 31, 1980, and shall run for retention at the general election in 1980 for a term of office ending December 31, 1984. Associate circuit judges who were appointed by the governor after the general election in 1978 and before January 2, 1979, as additional magistrates or to fill a vacancy under repealed §§ 482.010.3 or 482.020, in courts not under the nonpartisan court plan will complete the terms for which they were appointed December 31, 1980, and the persons elected to such offices at the November election in 1980 will serve the remainder of the term of the office ending December 31, 1982.