Missouri AG Opinions — 1974

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.

When a deed of trust or mortgage is filed for record in a second class county to secure the payment of a guaranty in writing as described herein such guaranty shall be presented to the recorder of deeds who shall stamp or write upon such written guaranty an identification thereof as being instruments described in such mortgage or deed of trust, and in certifying the releases, the recorder shall certify that such identified instruments were produced and canceled.

Opinion letter to the Honorable Joe D. Holt

Section 146.056, RSMo, which requires certain duties of county treasurers with respect to the state intangible tax has been repealed by implication and such treasurers are not entitled to the additional compensation provided by Section 54.275, RSMo for such services no longer rendered by them.

Opinion letter to Mr. Robert L. James

A member of a school board of an urban district, who is elected secretary or treasurer of the board, is prohibited from receiving compensation for services as secretary or treasurer.

Opinion letter to Mr. Charles M. Kiefner

Opinion letter to Dr. Arthur L. Mallory

The Wainwright Building architectural design contest does not violate Section 38(a) of Article of the Missouri Constitution because the payment of prize money to the architects who submitted the winning designs for renovation and reconstruction of the Wainwright Building constituted a payment for services of the architects and not a gratuitous grant prohibited by the provisions of Section 38(a) of Article .

1. Juvenile officers who are paid in whole or in part out of state appropriations are entitled to membership and prior membership credit in the Missouri State Employees' Retirement System. Deputy juvenile officers are not entitled to membership or prior membership credit in the Missouri State Employees' Retirement System. 2. Such juvenile officers are entitled to membership in the Missouri State Employees' Retirement System on the full amount of their salaries.

Opinion letter to the Honorable A. J. Seier

The requirements of notice, publication and public hearing contained in Section 251.430, RSMo, do not apply to the withdrawal at the end of a fiscal year of a regional planning commission by a local unit of such regional planning commission when the commission has been in existence more than ninety days.

Opinion letter to Dr. Arthur L. Mallory

Opinion letter to Dr. Arthur L. Mallory

Opinion letter to the Honorable Garnett A. Kelly

Opinion letter to the Honorable Hardin C.

County assessors may receive additional compensation for the duties imposed on them under Sections 53.073 and 53.074 (Senate Bill No. 373, General Assembly, Second Regular Session) for the year 1974 but that such additional compensation is annual compensation payable only on a prorated basis from the effective date of the act, August 13, 1974, to the end of the year.

Ballot cards used in an electronic voting machine should be initialed by two judges of opposite politics. However, if ballots are cast which are not initialed by the election judges, such ballots are to be counted if otherwise in compliance with legal requirements.

Opinion letter to the Honorable Robert O. Snyder

(1) A person may be designated to serve as an election judge or clerk in a precinct in which he does not reside if the election authority cannot find sufficient qualified persons within the precinct to act as election officials, and (2) persons so selected can vote an absentee ballot if the precinct in which they serve as election judges or clerks is located outside the county where they are registered to vote but not otherwise.

With respect to petitions for the audits of political subdivisions by the state auditor under subsection 2 of Section 29.230, RSMo, that: (a) “qualified voter” as used in such subsection means registered voter; (b) petitioners must be registered as of the time of signing the petitions although the auditor may use the notarization date as the date to verify whether such signers are registered in the absence of any date on the petitions indicating the precise date of the signatures; (c) insufficient petitions may be supplemented by permission of the state auditor if the auditor believes that there is a reasonable expectation that sufficient signatures may be obtained within a reasonable time.

Opinion letter to the Honorable White

Opinion letter to the Honorable Vernon E. Bruckerhoff

Opinion letter to the Honorable Ed

Under the provisions of Senate Bill No. 348, Second Regular Session, General Assembly, which amends Section 311.095, RSMo, the Supervisor of Liquor Control cannot issue a retail by the drink liquor license to the lessee of the restaurant premises of a motel-restaurant combination and a separate retail by the drink license to the owner of the motel premises of a motel-restaurant combination.

Opinion letter to Mr. Robert L. James

Opinion letter to the Honorable Kenneth J. Rothman

Opinion letter to Mr. J. E. Riney

Children may not be excused from the compulsory school attendance requirements of Section 167.031 unless they are “mentally or physically incapacitated,” and Section 162.685(5), RSMo Supp. 1973, does not authorize the State Board of Education to adopt regulations permitting handicapped children to attend a public school special education program for less than a full school day and attend a nonpublic school for the remainder of the day, when the children in question are between the ages of seven and sixteen. However, handicapped children between the ages of seven and sixteen who have been excused from full-time attendance at public school because they are “mentally or physically incapacitated” may attend a nonpublic school for the remainder of the day if they wish. Children who are not between the ages of seven and sixteen may attend a public school special education program for less than a full school day because those children are not subject to the compulsory attendance law. Such children may attend a nonpublic school for the remainder of the day if they wish. State aid shall be paid on a pro rata basis for all special education students attending special education classes part-time regardless of age.

A city or county library district has authority to lease land for a library building. The leases may be for a term of years provided the current income and revenue and surplus from previous years on hand at the time the lease is executed are sufficient to provide for the payments called for by the lease.