Missouri Attorney General Opinions

Opinion letter to Mr. Lawrence Graham

Division heads who are provided for in departmental plans pursuant to Section 1.6(2) of S.B. No. 1, First Extraordinary Session, General Assembly, are division heads who are to be appointed by the department director under Section 1.6(6) of S.B. No. 1, and therefore such appointments come under the exemption of subsection 1(1) of Section 36.030, H.B. No. 8, First Extraordinary Session, General Assembly, and are not covered by provisions of the merit system law, subject, of course, to Article IV, Section 19, Constitution of Missouri.

Opinion letter to the Honorable Theodore L. Johnson,

Opinion letter to the Honorable Fred Williams

Opinion letter to Herbert R. Domke , M.D.

Opinion letter to Mr. William J. Raftery

The Conservation Commission may not pay a final judgment for actual or punitive damages obtained against one of its enforcement officers as a result of his conduct while he was in the actual performance of his enforcement duties.

Opinion letter to Mr. Lee E. Norbury

Opinion letter to Mr. William J. Raftery

Opinion letter to Harold P. , M.D.

Opinion letter to the Honorable Lawrence J. Lee

Opinion letter to the Honorable Frank

Only a contractor who deals directly with a consumer is required to provide the notice specified in Section 429.010, House Bill 1251, General Assembly. A subcontractor who further subcontracts the supplying of labor or materials is not required to provide notice. An original contractor supplying materials which its own employees install in the home of a consumer is required to give the notice provided for in Section 429.010.

Opinion letter to the Honorable J. William Holliday

Sheriffs in a third or fourth class county may not be appointed to the office of special commissioner pursuant to Section 528.540, RSMo 1969, relating to partitions; a sheriff in the above counties may be appointed as one of the commissioners under Section 528.200, RSMo 1969; a sheriff appointed to the position of commissioner under Section 528.200, RSMo 1969, may retain the fees he receives as compensation for his service in that position, and the wife of a sheriff may be appointed to either the position of commissioner or special commissioner and may retain the fees that she receives therefor.

Opinion letter to the Honorable Ed

Opinion letter to the Honorable James A. Noland , Jr.

Opinion letter to the Honorable Richard J. DeCoster

Opinion letter to the Honorable Clarence H. Heflin

Opinion letter to Mr. William J. Raftery

A county court may create a sewer subdistrict pursuant to Sections 204.331 and 204.332, RSMo Supp. 1973, and such subdistrict shall have, in addition to those powers specified in Section 204.331, the powers given to sewer districts under Sections 249.430 to 249.660, RSMo 1969. However, in the creation of such a sewer subdistrict under Section 204.331, et seq. , the county court must comply with the provisions of Sections 249.470 and 249.480, RSMo 1969. If such a sewer subdistrict is created, the county court, as governing body of the sewer subdistrict, may enter into a contract with a common sewer district created pursuant to Section 204.250, RSMo Supp. 1973, and Sections 204.260 to 204.470, RSMo 1969, whereby the common sewer district would provide any engineering, construction, maintenance, repair and administrative services required for the collection and treatment of sewage generated within the subdistrict.

Opinion letter to Dr. Jack Cross

Opinion letter to Mr. Edward A. Godar

The State Board of Health is authorized by law to adopt and enforce regulations requiring hospitals licensed by the state to submit reports containing certain data relating to hospital discharges.

The State Auditor is obligated to include county hospitals established pursuant to Sections 205.160 to 205.340, RSMo, within the scope of his audit of counties containing such an institution.

Opinion letter to Mr. George M. Camp

The board of education of a six-director public school district is not authorized by Section 167.231, RSMo, to submit to the voters of the district the question of whether transportation to and from school at the expense of the district should be provided for pupils living one mile or more from school.

Opinion letter to the Honorable Jim Arnold

Opinion letter to the Honorable Ralph Jones

1. Section 610.100, RSMo Supp. 1973, with respect to arrest records, is applicable to arrests for ordinance violations of the City of Maplewood , if such arrests were made within the geographical boundaries of such city or within the geographical boundaries of St. Louis County. 2. Section 610.100 is not applicable to situations in which the accused person has been given a summons which notifies him that charges are pending against him, but has not actually been arrested. 3. Section 610.100 does not require expungement of records pertaining to arrests for charges which have been amended to charge lesser offenses than those of which the person was originally accused, if the person was charged with any offense within thirty days of his arrest.

Opinion letter to Mr. Robert L. James

A county health center established pursuant to Chapter 205, RSMo 1969, is not a political subdivision within the meaning of Section 70.600(19), and that the board of trustees of a county health center cannot establish a plan for the pensioning of its officers and employees separate and apart from that provided in Chapter 70, RSMo, providing for the Missouri Local Government Retirement System.

Opinion letter to the Honorable Donald L. Manford

Opinion letter to the Honorable Morris G. Westfall

To the extent that the salaries of assessors of second, third, or fourth class counties would be increased by the provisions of Section 53.071.3, Senate Bill No. 373, General Assembly, Second Regular Session, because of the use of the present tax year's assessed valuation instead of the preceding year's assessed valuation, such section does not apply to such assessors during their present terms of office.

Employees of county health centers established under the provisions of Chapter 205, RSMo, are not eligible for membership in the Missouri State Employees' Retirement System.

Opinion letter to the Missouri Commission on Human Rights

Opinion letter to the Honorable John A. Sharp

(1) Sections 162.670 et. seq., RSMo Supp. 1973, give responsibility for providing special educational services for all handicapped and severely handicapped children to local school districts, special school districts and the State Board of Education. The Department of Mental Health has the duty to assure that children in its programs are receiving special educational services, either by providing them under the provisions of Chapter 202, RSMo, or by procuring them from the responsible educational agency; (2) The Department of Mental Health may use state appropriated funds to provide transportation for its patients to and from special educational programs, whether those programs are provided by the Department of Mental Health itself, by a school district or special school district, by the State Board of Education, or by a public or private agency under contract; and (3) Federal developmental disability funds may be used, with the approval of the Governor’s Council on Mental Retardation and Other Developmental Disabilities, for the transportation of developmentally disabled students to and from special education programs for the handicapped and severely handicapped.

Opinion letter to Mr. James R. Spradling

Opinion letter to the Honorable Bud Fendler

Opinion letter to Mr. Lawrence Graham

Opinion letter to the Honorable Bud Fendler

Opinion letter to the Honorable William S. Brandom

1. A statement that additional arrests will be made if there is further movement on the highway of an improperly registered commercial motor vehicle, or that further arrests subsequent to the first arrest for movement on the highway of an improperly registered commercial motor vehicle will be made by members of the Missouri State Highway Patrol, as proposed by the Missouri Highway Reciprocity Commission, is not illegal or improper under Missouri law. 2. Such action by an officer of the Missouri State Highway Patrol would not render him liable to civil damages for loss of revenue or damage to the vehicle and cargo during the period of time that the vehicle is parked pending proper registration/and payment of proper fees. 3. Any delay in movement of the goods contained in the improperly registered commercial motor vehicle pending proper registration and payment of the proper fees would not give rise to a successful charge of unduly burdening interstate commerce.

Opinion letter to the Honorable Frank G.

Opinion letter to the Honorable Dan Bollow

A sewer district organized by a county court of a third class county under the provisions of Sections 249.430 to 249.660, RSMo, has authority to issue revenue bonds under the provisions of Chapter 250, RSMo.

A member of the General Assembly who is an agent for an insurance company is not prohibited by the Constitution or state law from selling group insurance covering school personnel.

Section 429.010 (S.C.S.H.S. House Bill No. 1251, General Assembly, Second Regular Session) with respect to mechanic’s liens requires the “NOTICE TO OWNER” to be printed in “ten point bold type.” The normal typewriter is not capable of printing a typeface in “ten point bold type.” The underlining of type which is not “bold” or boldface does not make it so. There is no requirement that lien waivers be provided a consumer by an original contractor as a condition precedent to the filing of a mechanic’s lien.