Missouri AG Opinions — 1975

Opinion letter to the Honorable Michael B. Hazel

1. An individual who is presently retired and receiving retirement benefits which were calculated by multiplying one percent (1%) of his average pay (not to exceed $7,500 per year) during the five consecutive years of his work when his pay was the greatest, times his years of creditable service, is entitled to have his benefits recalculated under subsection 1 of Section 104.610, Senate Bill No. 5, General Assembly, First Regular Session, in order that the individual may receive additional compensation from the state for services as a special consultant. 2. If an individual’s benefits are to be recalculated under the provisions of subsection 1 of Section 104.610, Senate Bill No. 5, General Assembly, First Regular Session, then said individual is also eligible for the increase in compensation under the provisions of Section 104.090, RSMo Supp. 1973.

Opinion letter to the Honorable James C. Kirkpatrick

Opinion letter to Mr. Milt Harper

A corporation must submit a separate annual registration report for each year the corporation was in forfeiture and a corporation must pay the maximum registration fee of $40 for each year the corporation was in forfeiture before the forfeiture may be rescinded by the Secretary of State. Rescission restores the corporation to good standing as of the date of forfeiture, except for exceptions set forth in Section 351.540(2), Senate Bill No. 14, General Assembly.

Opinion letter to the Honorable Donald J. Gralike

Opinion letter to the Honorable Vernon King

Opinion letter to Dr. Arthur L. Mallory

Opinion letter to Ms. Virginia G. Young

Opinion letter to Mr. Warren L. McElwain

Opinion letter to the Honorable John W. , II

Opinion letter to the Honorable George W. Lehr

Opinion letter to the Honorable Robert A. Young

1. The rate of compensation of county assessors in third and fourth class counties and second class counties except those having an assessed valuation in excess of three hundred million dollars as of January 1, 1974, for additional duties required by Section 53.073 (Senate Bill No. 373, General Assembly, Second Regular Session), shall be based upon their county’s total assessed valuation for the tax year which encompasses the first day of September beginning the annual salary period. 2. The rate of compensation of county court judges in second, third, and fourth class counties for additional duties authorized in Senate Committee Substitute for Senate Bill No. 95, General Assembly, First Regular Session, shall be based upon the assessed valuation of the county for the tax year immediately preceding the year in which the compensation is due.

Opinion letter to the Honorable Irene E. Treppler

Opinion letter to the Honorable William Raisch

Opinion letter to the Honorable Phil Snowden

Opinion letter to the Honorable S. Sue Shear

Opinion letter to Mr. J. Neilsen

(1) A county court which creates a sewer district pursuant to Sections 249.430 to 249.667, RSMo 1969, may contract with a private party to perform all operation, repair, and maintenance functions associated with the district’s sewer system; (2) the existence of such a contract does not alter or delegate the legal responsibilities of the county court for the operation and maintenance of the sewer system under Sections 204.006 to 204.141, RSMo Supp. 1973; (3) the county court must bill for sewer service charges and collect such charges itself, under the procedure set out in Section 249.640; and (4) the special tax assessments issued pursuant to Sections 249.640 and 249.645 may not be assigned to a private entity for collection.

Opinion letter to Mr. J. Nielsen

Raw files, work papers, and other documents and meetings held preparatory to the issuance of signed audit reports of the State Auditor issued pursuant to Section 29.270, RSMo 1969, shall not be open to the public.

Opinion letter to Mr. Alfred C. Sikes

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.