Missouri Attorney General Opinions

Opinion letter to the Honorable Margaret Miller

Opinion letter to the Honorable Edward C. Graham

Where the necessary preconditions have occurred, § 610.100 and § 610.105, RSMo Supp. 1973, require that the appropriate law enforcement agencies, on their own initiative, must close or expunge the records relating to arrest, detention or confinement. The issuance of an injunction or other court order is not a prerequisite to the closing or expunging of such records.

Opinion letter to the Honorable E. Thomas Coleman

(1) The Missouri Department of Revenue may register a motor vehicle in the name of the lessee of such vehicle and issue base license plates therefor without issuing a certificate of ownership (title) for such motor vehicle if such motor vehicle is otherwise properly and duly registered pursuant to the ; (2) however, the Missouri Department of Revenue may not register and issue base license plates for a motor vehicle without first issuing a certificate of ownership if such motor vehicle is registered pursuant to the Uniform Vehicle Registration Proration and Reciprocity Agreement.

Opinion letter to the Honorable R. L. Usher

1. The legislative history of the Reed Act, which provides for advances to States with depleted reserve accounts for the purpose of assisting them in the financing of their unemployment benefit payments, indicates that the advances are not regarded as a “loan to the State.” 2. Any advance which would be received by the State of, Missouri from the Federal Government under Title of the Social Security Act (42 U.S.C.A. § 1321) does not create a liability of the State of Missouri. 3. The receipt of advances by the State of Missouri under Title of the Social Security Act (42 U.S.C.A. § 1321) would not be in violation of Article , Section 37 of the Missouri Constitution or subsection 1 of Section 288.330, RSMo 1969.

Opinion letter to the Honorable Kenneth J. Rothman

Opinion letter to the Mr. C. E. Hamilton, Jr.

A circuit court judge who was sued in the United States District Court on a matter directly connected with his judicial function as a Missouri circuit court judge, has the authority to appoint private counsel to represent him in the United States District Court and to order the payment of a reasonable and proper sum for the services of such counsel to be paid by the county.

Opinion letter to the Honorable Jerry E. McBride

Opinion letter to the Honorable Donald L. Manford

Opinion letter to Dr. Jack L. Cross

Opinion letter to Mr. Lawrence L. Graham

Opinion letter to the Honorable Doris M. Quinn

Opinion letter to the Honorable Harold J. Esser

Opinion letter to Mr. J. Nielsen

Opinion letter to Mr. James L. Wilson

Under Chapter 34, RSMo, relating to the state purchasing agent, the definition of “contractual services” is not limited to those items specifically mentioned. The phrase “contractual service” includes insurance purchased by the state, and, therefore, any such insurance must be purchased pursuant to the provisions of Chapter 34, RSMo, except as otherwise provided by law.

Opinion letter to Dr. Arthur L. Mallory

Opinion letter to the Honorable George W. Lehr

Opinion letter to the Honorable Theodore L. Johnson

Opinion letter to Dr. Arthur L. Mallory

The Missouri Elections Commission is empowered to seek and receive investigative assistance from the Missouri State Highway Patrol in the investigation of apparent violations of the Campaign Finance and Disclosure Law.

Budgetary meetings of the St. Louis Board of Estimate and Apportionment and the St. Louis Board of Education are "public meetings" under Section 610.010, RSMo Supp. 1973, and may not be closed pursuant to Section 610.025, RSMo Supp. 1973.

Opinion letter to the Honorable Hugh C. Roberts, Jr.

The Bi-State Development Agency and the Kansas City Area Transportation Authority are not “state agencies” within the meaning of the term as used in Section 29.200, RSMo, and the State Auditor is not authorized to postaudit their accounts.

Opinion letter to Mr. James R. Spradling

Counties, cities, and other political subdivisions specified in Section 110.010, RSMo, are authorized to invest their funds in time deposits, including certificates of deposit. Advertisement for bids is not required.

Opinion letter to Mr. Ronald L. Boggs

Opinion letter to Mr. Daniel M. Buescher

Meetings of the Columbia City Council regarding the hiring of a municipal judge or city manager fall within the “personnel” exception of § 610.025(4) of the Sunshine Law (§§ 610.010, et seq. , RSMo Supp. 1973) and therefore may be closed to the public.

Opinion letter to the Honorable James C. Kirkpatrick

Opinion letter to the Honorable Dan Harmon

Opinion letter to the Honorable William O. Green

1. A member of the Missouri General Assembly who took office in January, 1973, cannot during the term for which he was elected accept the position of Director of Coordination of Technical Vocational Programs for the Department of Higher Education which position was created after January, 1973, because such acceptance would violate Article , Section 12, Constitution of Missouri. 2. A resignation submitted to the Governor by a member of the General Assembly when the General Assembly is in session is invalid and a nullity and does not result in a vacancy in office.

The presiding judge of the county court of Ripley County cannot be employed and paid compensation for his services to supervise the courthouse renovation project.

Opinion letter to Dr. Arthur L. Mallory

Opinion letter to Dr. Arthur L. Mallory

Opinion letter to Dr. Arthur L. Mallory

Opinion letter to Dr. Arthur L. Mallory

Opinion letter to Mr. Lawrence L. Graham

Opinion letter to the Honorable James I. Spainhower

Opinion letter to the Honorable Earl L. Schlef

Opinion letter to James P. Anderton

Under provisions of House Bill No. 1612 of the General Assembly, a cigarette wholesaler who purchases cigarette tax stamps or meter units on a deferred payment basis must pay for such stamps or meter units on or before the fifteenth day of the month following the month in which the stamps or meter units were purchased.

(1) The cost of special educational services, including transportation, for a handicapped child who has been placed in a home by the Missouri Department of Mental Health, regardless of where those services are provided, is paid by the Department (under the provisions of Section 162.970, RSMo Supp. 1973). The Department of Mental Health is then reimbursed by the school district in which the parent or guardian resides or which would otherwise be responsible for special educational services for the child in an amount not to exceed the average sum produced per child by the local tax effort of the parent’s district. (2) The cost of special educational services and of transportation for a handicapped child not admitted to the programs or facilities of the Missouri Department of Mental Health who resides in a home that provides care or treatment – whether the child is an offender or troubled, abandoned, or neglected – is the responsibility of the school district in which the home is located. If the responsible district does not provide those services itself, it must contract with another district or with a public or a private agency for those services and it must provide transportation to the place where the services are provided.

Opinion letter to the Honorable Frank

The prosecuting attorney in each county and the circuit attorney of the City of St. Louis have authority to institute civil collection remedies for the collection of moneys assigned to the state under the provisions of Public Law 93-647, relating to family support.

Opinion letter to Mr. Lawrence L. Graham