Missouri AG Opinions — 1979

Opinion Letter to The Honorable Edwin L. Dirck

Opinion Letter to Mr. F. M. Wilson

The State Board of Health has authority to determine policy for the Division of Health.

Opinion Letter to The Honorable Abe R. Paul

Opinion Letter to The Honorable James Antonio

Opinion Letter to The Honorable Gary E. Stevenson

A county collector is required to pay into the county treasury the fees received by him under §§ 139.090 and 150.150, as amended by House Bill No. 148, General Assembly, respecting the collection of a one dollar fee for duplicate personal property tax receipts issued by him and a five dollar fee for the issuance of certain vendors' licenses.

Opinion Letter to The Honorable Daniel M. Buescher

Opinion Letter to The Honorable Patrick Dougherty

Opinion Letter to The Honorable Hardin C.

Opinion Letter to Dr. Arthur L. Mallory

Opinion Letter to The Honorable Leary G. Skinner

Opinion Letter to The Honorable James C. Kirkpatrick

Opinion Letter to The Honorable Philip R. Pruett

House Bill No. 148 of the General Assembly, which authorizes a three dollar charge by the county clerk for various services performed by him does not authorize the clerk to charge for filing certain reports or statements required to be filed with his office under the Campaign Finance Disclosure Law, Chapter 130, RSMo 1978, as amended by Senate Bill No. 129, General Assembly.

Emergency mental health coordinators may not be held civilly or criminally liable for requesting or authorizing emergency involuntary civil commitments pursuant to their authority under § 202.123.3, S.B. 423, Gen. Assembly provided that such commitment was performed in good faith and without gross negligence.

Opinion Letter to The Honorable Frank

With respect to § 343.080, RSMo, and § 343.090, RSMo, concerning auctioneers' license fees, such fees under § 343.080, which are required to be paid to the county clerk for the issuance of auctioneers' licenses, are levies on behalf of the state, and the clerk should account to the state of Missouri for such fees. The county clerk's fee under § 343.090 is a separate fee of two dollars for the issuance of such auctioneers' licenses to be paid by the clerk into the county general revenue fund.

Under the contract and the arrangement presently existing in connection with the ultra machines, as described in the facts set out above, the use of such machines does not constitute branch banking. This office defers any judgment as to the use of the machine for the transfer of money from a customer's checking account to his savings account until that matter is resolved in the appropriate forum. We recommend, however, that that function be eliminated from the machine until such time as the issues concerning that function have been fully and properly resolved. Further, we do not offer an opinion concerning interstate use of the ultra machine.

Opinion Letter to The Honorable John T. Russell and The Honorable Morris Westfall

If an individual is convicted of supplying intoxicating liquor to a minor, there is no violation of § 311.060 RSMo or Regulation 11 70-2.140(13).

Section 483.617, as enacted by House Bill No. 1634 of the General Assembly, refers only to fees chargeable against the county upon dismissal of criminal cases and is ineffective insofar as it purports to nullify provisions of statutes relative to costs in criminal cases resulting in conviction or acquittal.

House Bill No. 148 of the General Assembly, which authorizes a $3.00 charge by the county clerk for various services performed by him, does not authorize the clerk's charging for certain election procedures.

Opinion Letter to The Honorable Truman E. Wilson

Neither the provisions of Art. , § 14, Mo. Constitution (as amended in 1978), nor the provisions of C.C.S. No. 2 for H.B. No. 130 of the General Assembly, both of which require actuarial evaluation of certain public retirement plan changes which increase benefits apply to a proposed, but not yet introduced, house joint resolution which would purport to amend Art. VI, § 25, of the Missouri Constitution to allow certain counties and municipalities to provide for the payment of periodic cost of living increases in pension and retirement benefits to law enforcement and fire personnel.

Opinion Letter to The Honorable Glenn H. Binger

Opinion Letter to The Honorable Edwin L. Dirck

A third class city does not have authority to provide free space to a chamber of commerce or a state license fee agent. A third class city does not have authority to rent an office to a state license fee agent at less than a reasonable rent, and such a city does not have authority to donate money to private not-for-profit corporations.

Opinion Letter to The Honorable Kenneth W. Shrum

Opinion Letter to The Honorable Stephen R. Sharp

Government employees doing “accounting work” which does not rise to the level of activity governed by Chapter 326, RSMo 1978, are not engaged in the “practice of public accounting” as that term is used in Section 326.210, RSMo 1978.

Opinion Letter to Paul R. , Ph.D.

The county court of a third class county may, under certain circumstances, lease space in the county courthouse for a proper charge to an auto license fee agent, or to the Social Security Administration and may provide free space to the State Highway Patrol.

1. A school district which had a term of less than 180 days and less than 174 days of actual pupil attendance may remain eligible for state aid providing it has scheduled two-thirds as many make-up days as were lost the previous year due to inclement weather if it makes up all of the first eight days missed plus one-half of the days missed in excess of eight. 2. The term “inclement weather,” as found in § 171.033, RSMo 1978, does not include uncomfortably hot days. 3. A school district may make up days lost because of inclement weather by extending the school day by one-half hour as provided in § 160.041.2, RSMo 1978, in lieu of the scheduled make-up days. 4. Under § 160.041, RSMo 1978, a school district may not operate its schools on a “snow schedule” by beginning daily sessions one hour later than usual and dismissing one hour earlier than usual for a period of time delineated in advance.

Opinion Letter to The Honorable George P. Dames

Opinion Letter to The Honorable Bockenkamp and Beverley Wilson, M.D.

A county court, of a third class county, may not expend public funds to reimburse a bonding company for payments made on a sheriff’s official bond.

The Department of Mental Health does not have the authority to place patients out of the State.

Total compensation of the members of the Labor and Industrial Relations Commission is $28,000 per annum.

Opinion Letter to The Honorable James Antonio

Opinion Letter to Dr. Arthur L. Mallory

Compensation of the recorders of deeds in second class counties and in third class counties where the offices of the clerk of the circuit court and recorder of deeds are separate, is provided for in Section 50.334, RSMo, as enacted by S.S. No. 4 for S.C.S. for H.C.S. for House Bills 1121 & 1257 of the General Assembly, effective at the beginning of such officers' terms, January 1, 1979.

The phrase “employed in any other school system as a full-time teacher for two or more years . . .” in Section 168.104(5), RSMo 1978, is clear and unambiguous and requires that only teaching experience gained in a school system other than the one in which a teacher is presently employed is the basis for waiving one year of the teacher's probationary period.

Opinion Letter to Dr. Arthur L. Mallory

Opinion Letter to The Honorable Gary G. Sprick

Permanent teachers promoted to positions of curriculum coordinator or departmental chairperson retain their tenure as permanent teachers while they hold the curriculum consultant or departmental chairperson positions, as long as their primary duties remain teaching. Permanent teachers promoted to positions which are supervisory in nature lose their tenure while employed in the supervisory position and may regain their tenure only after they are reemployed as teachers in the same school district for two consecutive years.

A public housing authority may act in the capacity of a “parent entity,” as that term is defined in 24 C.F.R. § 811.102, and is empowered to designate a not-for-profit corporation as its agency or instrumentality in the issuance of tax exempt obligations, the proceeds of which would be applied to the construction of low income housing subsidized by the United States Department of Housing and Urban Development under the provisions of Section 8 of the United States Housing Act of 1937, as amended.

Remedial, guidance, counseling, and other auxiliary services may be provided to any child after the regular school day, on weekends, or during the summer on public school premises or neutral sites, conducted by school district employees, regardless of whether the child regularly attends a public or parochial school. Secular instructional materials and/or equipment used in connection with the program may be provided to participating pupils. Bus transportation designed solely for the purpose of transporting pupils from their nonpublic schools to the public school site may not be provided.

Opinion Letter to The Honorable John L. Goldman

Director of the Department of Transportation is subject to the control of the Transportation Commission which, under the Missouri Constitution, is vested with the authority to administer the Department of Transportation. The commission has the power to appoint, promote, demote, suspend and dismiss employees of the department.