Missouri Attorney General Opinions

Opinion letter to The Honorable Norman L. Merrell

Opinion letter to The Honorable Steinmetz

Section 19 of Article of the Missouri Constitution, which excepts members of the Missouri General Assembly from arrest during a session of the Assembly, and 15 days prior to and after such session, does not apply to arrests which are criminal in nature and such legislators may be arrested during such sessions for criminal or ordinance violations.

Opinion letter to Dr. Arthur L. Mallory

The per diem costs of incarceration of prisoners for which the state is responsible under the provisions of Chapter 550, RSMo, are to be determined by the Office of Administration pursuant to the provisions of Section 221.105, RSMo Supp. 1976.

Opinion letter to Mr. Lowell McCuskey

The proper method of allocation of costs of bank examinations is for the Commissioner of Finance to estimate expenses pursuant to Section 361.170, RSMo 1969, and add an amount equal to fifteen percent of the estimated expenses to pay the costs of rent and other supporting services furnished by the state; and from that total amount, the Commissioner shall deduct the estimated amount of the anticipated annual income to the fund from all sources other than bank or trust company assessments. Then the Commissioner of Finance shall allocate and assess the remainder to the several banks and trust companies in the state on the basis of their total assets as reflected in the last preceding report called for by the Commissioner under Section 361.130, RSMo 1969.

A county court in a third class county is without authority to appoint a deputy county treasurer. A county treasurer in a third class county may appoint a deputy to perform ministerial duties at the expense only of the county treasurer. Signing checks under the provisions of Section 110.240, RSMo 1969, is a ministerial act which may be performed by a deputy county treasurer in the name of the county treasurer whose signature may be affixed by the use of a facsimile signature filed with the Secretary of State.

Opinion letter to The Honorable Abe Paul

When the county court of a third class county, under Section 52.020.2, RSMo 1969, has required the county collector to deposit all daily collections of money in depositaries selected by the county courts in accordance with Sections 110.130 through 110.150, RSMo, the county collector must make such daily deposits in such county depositaries.

Opinion letter to The Honorable Nelson B. Tinnin

Opinion letter to Mr. James R. Hall

Opinion letter to The Honorable Harry Wiggins

Under the provisions of Sections 87.005 and 87.006, RSMo 1969, any fireman who has complied with the provisions of these sections and succumbs to any condition of impairment of health caused by any disease of the lungs or respiratory tract, hypertension, or disease of the heart resulting in total or partial disability or death it is to be presumed that it was suffered in the line of duty unless the contrary is shown by competent evidence.

Opinion letter to The Honorable Gladys Marriott

Opinion letter to The Honorable James C. Kirkpatrick

Opinion letter to The Honorable James C. Kirkpatrick

Opinion letter to The Honorable James C. Kirkpatrick

Opinion letter to The Honorable James C. Kirkpatrick

Opinion letter to The Honorable James C. Kirkpatrick

A teachers' meeting held on the first day of a school term is to be considered a day of school operation in determining state aid under Section 163.021, RSMo Supp. 1975.

A magistrate court which convicts a driver, who is driving under a court order of a different court granting hardship driving privileges, of an offense which results in the assessment of points under the provisions of Section 302.302, RSMo Supp. 1975, other than a violation of a municipal stop sign ordinance where no accident is involved, is required, under Section 302.309, RSMo, to notify the driver, the director of revenue and the court which granted the order, of the conviction. Such magistrate court does not have the authority to require that the defendant surrender the order granting hardship driving privileges, although such order is terminated as a matter of law.

Opinion letter to The Honorable Richard J. DeCoster

Under Section 375.791, RSMo 1969, the Director of the Division of Insurance of the state of Missouri is not authorized to issue a certificate of authority to Lloyds , New York.

The method being used by the Division of Health, Missouri Crippled Children's Service, in connection with the supplying of hearing aids and custom-fitted earmolds , as above described, complies with the statutory requirements under Chapter 346, RSMo Supp. 1975.

The Jefferson City Library Board has no authority to establish a fund other than the funds specifically provided for by statute.

Opinion letter to Dr. Arthur L. Mallory

Opinion letter to The Honorable James C. Kirkpatrick

The Board of Nursing Home Administrators is required to assess and collect a fee of $50 prior to the examination of an applicant for license and the Board may not waive this fee when an applicant is reexamined on part of the examination.

Opinion letter to Dr. Arthur L. Mallory

A city of the fourth class has the authority to provide for the relief of its poor inhabitants.

Members of the State House of Representatives who take office after the beginning of a legislative term should have their first monthly salary prorated unless they take office on the first day of the month.

Opinion letter to The Honorable C. E. Hamilton, Jr.

The office of clerk of the Cape Girardeau Court of Common Pleas will be abolished as of January 2, 1979, when Article V, Section 27, Missouri Constitution, becomes effective.

All records of state colleges and universities concerning faculty and staff salaries and records relating to the financial condition of such colleges and universities, except those specifically excluded by state to members of the public or federal law, must be made available upon request.

The public school districts in this state may not use funds available to them under Part B of Title IV of the Elementary and Secondary Education Act of 1965 to provide the services described therein to nonpublic school children on nonpublic school premises. The Department of Elementary and Secondary Education may not provide assurances pursuant to Section 403(a)(3) of Title IV (20 U.S.C. § 1803(a)(3)) that Title IV funds will be used to benefit children attending nonpublic schools as required by Section 406 (20 U.S.C. § 1806).

Opinion letter to Dr. Arthur L. Mallory

The term “physician” as used in Section 58.705, RSMo Supp. 1975, refers only to physicians licensed under Chapter 334, RSMo.

The General Assembly may authorize the use of a state owned or leased automobile by a member of the General Assembly for official use.

Under the provisions of subsection 2 of Section 150.040, RSMo Supp. 1976, the gross amount received by the merchant for new motor vehicles is to be computed on the basis of the entire amount received from the sale of “new” motor vehicles as provided in Section 150.040(2), including the value of any trade-ins.

Opinion letter to Mr. Edwin M. Bode

The assessed valuation of new motor vehicles held for sale in the ordinary course of business is to be determined pursuant to Section 150.040(2), and that this amount is not to be further reduced by virtue of Section 137.115, RSMo Supp. 1975.

An employee of the state of Missouri who was employed by the Missouri State Highway Patrol from January 19, 1946 until February 24, 1946, and who then resigned to reenlist in the United States Army, and who subsequently served continuously in the United States Army until May of 1965, and who went to work for the state of Missouri in August of 1965, and has continuously been employed by the state since that time, is not entitled to receive prior state or military service credit with the Missouri State Employees' Retirement System from January, 1946 until August, 1965.

An ambulance district may borrow money and become indebted in an amount not in excess of the anticipated revenue for the current year plus any unencumbered balances from previous years without a vote by the people.

Opinion letter to The Honorable James A. Franklin, Jr.

Prosecuting attorneys are not conservators of the peace and are, therefore, not exempt from the provisions of Section 564.610, RSMo 1969, relating to carrying of concealed weapons.