Missouri AG Opinions — 1978

With respect to the amendments made to Section 56.310, RSMo 1969, by House Bill No. 1052 and House Bill No. 1634, both enacted by the General Assembly, Second Regular Session, that the prosecuting attorney fees provided for in House Bill No. 1052 remain in effect after January 2, 1979.

Each voter in a nursing home district election shall vote for the director from his district as provided in House Bill 1208, Second Regular Session, General Assembly, and not for all six directors, as provided in House Bill 971, Second Regular Session, General Assembly. Such bills should be merged to give effect to new provisions and the provisions of such bills which are reenactments which conflict with new matter will give way to such new matter. Where the legislature has deleted old provisions in one bill but has not done so in the other bill, such deletions should be given effect.

Opinion letter to The Honorable Michael J. Lybyer

(1) Neither a school district nor the State Department of Elementary and Secondary Education may deny access to the educational records of a handicapped or severely handicapped child by a validly authorized representative of the child’s parent or guardian. (2) This office will not render an opinion on the question of unauthorized practice of law, deferring to the Missouri Bar Advisory Committee.

Opinion letter to The Honorable James F. McHenry

The municipal courts of Missouri do not have jurisdiction to commit individuals to facilities of the Department of Mental Health for evaluation or treatment pursuant to Sections 552.020 or 552.040, RSMo.

Opinion letter to The Honorable Theodore L. Johnson

Opinion letter to The Honorable Robert L. Dunning

Opinion letter to The Honorable John A. Parks

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

Opinion letter to The Honorable Al Nilges

Opinion letter to Mr. Stephen C. Bradford

Opinion letter to The Honorable Warren Welliver

A medical malpractice assessment association under Chapter 383, V.A.M.S., is required to become a member of the Missouri Insurance Guaranty Association and to pay premiums and assessment to such association as required by law.

The use of a guaranteed home purchase program as an inducement to obtain customers is a violation of Section 339.100(12), Senate Bill No. 811, General Assembly, Second Regular Session.

Opinion letter to The Honorable Michael J. Lybyer

Opinion letter to The Honorable Timothy J. Patterson

Opinion letter to Mr. Gerald H. Goldberg

Opinion letter to The Honorable James Russell

Opinion letter to The Honorable Ronald L. Boggs

A corporation, labor union or other organization which only makes campaign contributions or expenditures in excess of $500 from its own funds or property is not a “committee” for purposes of the campaign financing act and is therefore not required to meet with the organizational and reporting requirements of committees under §§ 130.021, 130.036 and 130.041, V.A.M.S.

A third class county which wishes to repair and remodel a recently purchased building for use as additional office space for county officials must comply with the provisions of Section 50.660, RSMo.

Opinion letter to Dr. William R. Goodge

Opinion letter to The Honorable Marion Cairns

1. Revenue generated by activities of facilities of the Department of Mental Health, such as the operation of commissaries, canteens, and work activity centers, should be deposited into the state treasury and credited to the general revenue fund. 2. The expenditure of money received from such activities should be controlled by the legislature through the appropriations process. 3. Subject to the direction of the director of the Department of Mental Health, a superintendent of a mental health facility may permit a not-for-profit corporation to operate a commissary or cafeteria on the premises for the benefit of the facility patients.

Opinion letter to The Honorable George K. Hoblitzelle

Opinion letter to The Honorable Glenn Binger

Opinion letter to The Honorable James C. Kirkpatrick

Opinion letter to Mrs. Carolyn Ashford

Ambulances owned and operated by a constitutional charter city and licensed by the state under §§ 190.100-190.190 , RSMo Supp. 1975, must be insured as required by § 190.120 , RSMo Supp. 1975 and 13 50-40.030 and the city may not self-insure to meet this requirement.

Opinion letter to The Honorable John E. Casey

Opinion letter to The Honorable James C. Kirkpatrick

Opinion letter to The Honorable Stan Thomas

Opinion letter to The Honorable Charles H. Baker

A physician who is located in a state bordering Missouri who meets the requirements of Section 334.150, RSMo, and is authorized to treat patients in Missouri may utilize the services of licensed practical nurses and registered nurses as provided in Section 335.016, RSMo Supp. 1976.

Senate Bill No. 906 of the Second Regular Session, General Assembly, effective August 13, 1978, relating to membership and prior service credit in the Public School Retirement System of Missouri does not authorize a reapplication for election by a member of the system to pay previous withdrawals or refunds to reinstate prior service credit.

Although an abstract business cannot generally lease space in a county courthouse for abstract business such business has the right to inspect and copy records in the office of the recorder of deeds or in a space close thereto under the supervision of the recorder of deeds and upon payment of charges fixed by the county court for the use of space and supervisory personnel upon the same terms afforded the public generally. There is no authority for an abstract company or any private individual to use county equipment for such copying.

Opinion letter to The Honorable Larry M. Burditt

Opinion letter to The Honorable John G. Meyer

Opinion letter to The Honorable Meredith Ratcliff

The County Court of St. Charles County acting for the county of St Charles, Missouri may under the applicable Missouri statute purchase a preexisting building for utilization as a juvenile detention facility and that said building to be purchased may be located outside the city limits of the county seat of St. Charles County.

Opinion letter to The Honorable Thomas A. Villa

Notices which are required to be mailed by financial institutions under S.C.S.H.C.S.H.B. 896 & 897, Second Regular Session, General Assembly, effective August 13, 1978, relating to unclaimed property, should be mailed promptly after August 13, 1978, and, thereafter, on or before the first day of August as provided in such act.

Opinion letter to Mr. Jack M. Keene

Opinion letter to Mr. Robert S. Townsend

Opinion letter to The Honorable Harry Hill

Opinion letter to Dr. Arthur L. Mallory

Opinion letter to The Honorable Thomas M. Keyes

Opinion letter to The Honorable George P. Dames

Opinion letter to The Honorable Robert L.