Missouri Attorney General Opinions

Opinion letter to Mr. Stephen C. Bradford

Opinion letter to Mr. John M. Keane

Opinion letter to Mr. Stephen C. Bradford

After January 1, 1978, the effective date of Senate Substitute for House Bill 101, First Regular Session, General Assembly, (the Comprehensive Election Act of 1977), attorneys employed by the boards of election commissioners are considered employees within the provisions of Section 2.075 of that Act which requires that employees of each board be selected in equal numbers from the two major political parties. Selection in equal numbers, however, does not require equal selection according to position classification.

The county assessor of a third class county retains authority to employ deputy and other clerical personnel subject to the approval by the county court of the amount authorized notwithstanding the amendment of Section 53.071, RSMo Supp. 1975, by the provisions of Senate Bill No. 277, First Regular Session, General Assembly, effective January 1, 1978.

Pursuant to Section 2 of House Bill 601, First Regular Session, General Assembly, the prosecuting attorney has authority and is required to litigate child support enforcement actions with respect to persons who are not recipients of public assistance but who have been referred by the Division of Family Services to him. The duty to litigate such actions includes the initiation of whatever action is necessary to enforce judgments including garnishment.

The October 14, 1977 notice to the director of revenue of the adoption of a countywide sales tax by St. Louis County under S.B. No. 234 is sufficient to cause the director to perform his duties under the provisions of S.B. No. 234.

Opinion letter to The Honorable Michael A. Burke

Section 59.310, as amended by Senate Bill No. 112, First Regular Session, General Assembly, requires the print on any document to be recorded by the recorder of deeds to be 8 point and that if any document contains type smaller than 8 point such document must be accompanied by an exact typewritten copy thereof which will be recorded contemporaneously with the document.

Opinion letter to The Honorable Garnett A. Kelly

The State Auditor has access to information contained in individual personnel files maintained at the Department of Mental Health and its facilities even though parts of such files may be confidential to the extent that such files relate to the duty of the Auditor to post-audit the financial condition of such institutions.

The Governor has authority to “withdraw” the appointment of a person made during a Senate recess before the Senate rejects the appointment or fails to approve the appointment within thirty days after the Senate has convened only if the “withdrawal” is made by removal of the appointee pursuant to Section 17 of Article IV of the Missouri Constitution. The Governor has authority to withdraw the nomination of a person made during a session of the Senate before the Senate rejects the nomination or fails to act on the nomination during such session. If, prior to withdrawal or removal, the Senate rejects either such nomination or appointment or fails to act thereon as required the appointee or nominee cannot again be reappointed or renominated to the same position. A person appointed during a recess of the Senate may resign pursuant to Section 12 of Article of the Constitution without prejudice and can be reappointed. A person nominated during a session may withdraw his name from consideration by the Senate without prejudice and can be reappointed.

1. An employer who is participating in the Non-Teacher School Employees’ Retirement System of Missouri may not withhold from the Retirement System the employer’s share of contributions for full-time employees whose salaries are funded through the Comprehensive Employment and Training Act of 1973. 2. The Non-Teacher School Employees’ Retirement System of Missouri may not refund to an employer the employer’s contributions attributable to any such employee who terminates his employment prior to the vesting of his benefits.

1. An employer which is participating in the Missouri State Employees’ Retirement System may not withhold from the Retirement System the employer’s share of contributions for full-time employees whose salary and fringe benefits are funded through the Comprehensive Employment and Training Act of 1973 () until such time as the benefits for such employees vest. 2. The Missouri State Employees’ Retirement System may not refund to an employer the employer’s contributions attributable to any such employee who terminates his employment prior to the vesting of his benefits.

1. A political subdivision which is a member of the Missouri Local Government Employees’ Retirement System (LAGERS) may not withhold from LAGERS the employer’s share of contributions for full-time employees whose salaries are funded through the Comprehensive Employment and Training Act of 1973. 2. The Missouri Local Government Employees’ Retirement System (LAGERS) may not refund to a political subdivision the employer’s contributions attributable to any such employee who terminates his employment prior to the vesting of his benefits.

Opinion letter to The Honorable Glenn H. Binger

Under the provisions of Section 51 of Article IV of the Missouri Constitution, a nomination made during a session of the Senate is not subject to the constitutional thirty-day limitation in which the Senate must act since such limitation is applicable only to appointments made when the Senate is not in session. The Governor has authority to withdraw the nomination of a person made during a session of the Senate at any time prior to adjournment of the Senate if the Senate has not acted on such nomination.

Senate Substitute for House Bill 101 of the First Regular Session, General Assembly, effective January 1, 1978, repeals by implication contrary provisions of Section 247.180, RSMo Supp. 1976, relating to water district elections and of Section 190.055, RSMo Supp. 1975, relating to ambulance district elections.

The reenactment of Section 150.070 in Senate Bill 277 of the First Regular Session of the General Assembly, does not authorize the payment to the county clerk of any fees from the county provided for therein. Any fees received from the state by the clerk must be paid into the county treasury.

Opinion letter to Mr. James F. Walsh

Opinion letter to The Honorable Allan G. Mueller

Opinion letter to The Honorable Henry A. Panethiere

Under the provisions of Senate Substitute for House Bill No. 513, First Regular Session, General Assembly, effective January 1, 1978, notaries public commissioned before January 1, 1978, and whose commissions extend beyond that date are not required to obtain the $10,000 bond required by Section 8 of such Act unless and until such notaries renew their commissions after the expiration of such terms of office. On and after January 1, 1978, such notaries are subject to the civil and criminal liability provided in Sections 32 through 38 of the Act and have statewide authority to perform notarial functions under Section 3 of the Act.

Opinion letter to The Honorable James I. Spainhower

Opinion letter to Mrs. Carolyn Ashford

Opinion letter to The Honorable Wayne Goode

Under the provisions of House Bill 477 of the General Assembly, effective September 28, 1977, amending Section 169.070, RSMo Supp. 1975, a member of the Public School Retirement System of Missouri with twenty-five years of creditable service, but less than sixty years of age, may retire and draw an actuarially reduced retirement allowance and the spouse named as beneficiary of a member who dies before retirement with twenty-five years of creditable service may elect to receive either survivorship benefits under option 1 of Section 169.070 as amended or a payment of the member's accumulated contributions.

The sheriff of a first class county without a charter form of government has the exclusive authority to hire or fire deputies, assistants, and other employees in his office and to establish the compensation for his staff within the limits of the allocations made for that purpose by the county court.

Opinion letter to The Honorable Russell G. Brockfeld

The distances set forth in Section 167.231, RSMo Supp. 1975, are to be measured from the door of the pupil's home to the door of the school along the most direct traveled route. An urban school district governed by Section 167.231 has no authority to transport pupils at district expense living less than one mile but more than one-half mile from school absent a favorable election for that purpose in accordance with that section. An urban school district governed by Section 167.231 has no authority to transport pupils at district expense who live less than one-half mile from school.

Necessary funds required for the enforcing of House Bill No. 601, General Assembly, during 1977 are automatically included within the 1977 budgets of counties of the third class.

Under the amendments to Article V of the Missouri Constitution, effective January 2, 1979, the chief clerk of the magistrate court of Greene County elected under Section 483.495, RSMo Supp. 1975, becomes the chief clerk of divisions of the circuit court presided over by the associate circuit judges who were judges of the magistrate court on January 1, 1979. Unless otherwise provided for by law, there will be elected a chief clerk of the Greene County magistrate court at the November General Election, 1978, and the county clerk of Greene County is required to accept declarations of candidacy for such office.

A governor's unconditional pardon of a person convicted of a crime does not operate to expunge the records pertaining to such person. Nor do §§ 610.100 and 610.105, RSMo Supp. 1975, require or authorize the expungement of such records.

Opinion letter to Mr. James F. Walsh

Opinion letter to The Honorable Steven M. Gardner

Opinion letter to The Honorable Wendell Bailey

Opinion letter to The Honorable Dotty Doll

Declarations of candidacy for the 1978 primary election filed after the date of the 1976 November general election (November 2, 1976) and on or before the last Tuesday in April, 1978, are valid declarations of candidacy.

Opinion letter to Mr. John M. Keane

School for the Blind Trust Funds may be used to finance a school for the blind facility which will serve children who are sighted but who are severely handicapped as well as children who are blind.

Opinion letter to The Honorable Wesley S. Miller

Opinion letter to The Honorable Donald L. Manford

Under Section 54.320, RSMo Supp. 1975, an ex officio collector is entitled to: A. Three percent commission on the collection and paying over of all current or delinquent corporation, merchants' tax, license, and tax on railroads and is entitled to a two percent commission on the collection and paying over of all other delinquent taxes. B. Three percent commission on the collection and paying of taxes of a telephone company regardless of whether the company pays on a current basis or pays delinquent taxes. Section 151.280, RSMo 1969, does not apply to the commissions of ex officio collectors; and Section 52.260 (14) and (15), RSMo 1969, did not apply to an ex officio collector.

A snowmobile is not required to be registered and licensed as a motor vehicle, but it is unlawful to operate a snowmobile upon the highways of this state if it is not properly equipped and if the operator is not properly licensed.

Opinion letter to The Honorable James C. Kirkpatrick

A corporation which owns agricultural land in Missouri, but does not engage in farming, is not required to file an annual report with the Director of the Missouri Department of Agriculture pursuant to Section 350.020.4, RSMo Supp. 1975.