Missouri AG Opinions — 1980

A “Las Vegas Night” held by a not-for-profit corporation constitutes gambling in violation of the provisions of Chapter 572, RSMo 1978; and that the corporation and its officers may be found in violation of §§ 572.030 or 572.040, RSMo 1978, which prohibit the promotion of gambling.

Opinion Letter to The Honorable James C. Kirkpatrick

Municipal police officers do not have the power to arrest ordinance violators outside the limits of the municipality, except when the officer is in “hot pursuit” of the violator and is an officer of the municipality in a first class county having a charter form of government or is an officer of a constitutional charter city which provides for such an exception, and, furthermore, municipal police officers holding a valid deputy sheriff's commission do not have power to arrest ordinance violators outside the municipal limits.

Opinion Letter to The Honorable William A. Peterson

Opinion Letter to The Honorable Wayne Goode

Opinion Letter to The Honorable Ralph Hedrick

A. A board of education may provide transportation to and from school for pupils who live less than three and one-half miles from school if the parents agree in writing to pay the actual cost of transporting the pupils. B. A board of education may not lease the school buses purchased from school district funds to a council for the purpose of transporting pupils who live less than three and one-half miles from school if the parents agree in writing to pay the actual cost of transporting the pupils.

Under § 589.040, RSMo Supp. 1980 , the Director of the Division of Corrections is to include, in the rehabilitation program for sexual assault offenders, all inmates who are presently serving sentences for sexual assault offenses, whether the imprisonment began prior or subsequent to the effective date of § 589.040, RSMo Supp. 1980.

Opinion Letter to The Honorable Truman E. Wilson

Opinion Letter to The Honorable Gary G. Sprick

Neither the Division of Professional Registration nor the Department of Consumer Affairs, Regulation and Licensing has the authority to employ, prohibit the employment of, discharge, supervise, set the salaries for, or otherwise control statutorily authorized employees of the Missouri Dental Board, including, in particular, investigators or inspectors; except, however, the Division of Professional Registration now possesses the authority to employ, direct and control personnel which provide the clerical and other staff services which relate solely to the issuance and renewal of licenses.

The funds designated by Senate Bill No. 679, § 2, General Assembly, are not in lieu of the twenty-five percent funding for reassessment provided by § 137.750.2(3), RSMo Supp. 1980 , and these funds may be spent for both general reassessment purposes and for ongoing assessment costs. Further, the county court need not approve expenditure of all money collected under Senate Bill No. 679, § 2. Finally, counties under township organization do not come within the provisions of Senate Bill No. 679 so that the present means of funding the costs of the assessment functions in these counties is not changed.

1. Regulations of the Personnel Advisory Board promulgated under § 36. 350, RSMo Supp. 1979, apply to all state agencies, merit and non-merit, except the University of Missouri. 2. Dismissal procedures under § 36.390.5, RSMo Supp. 1979, apply to non-merit agencies under § 36.390.7, RSMo Supp. 1979, unless they adopt similar procedures under § 36.390.8, RSMo Supp. 1979, except that such procedures need not apply to employees in policymaking positions, members of the military or law enforcement agencies or employees of academic institutions under § 36.390.8. 3. Agencies subject to § 36.390.7 and not excepted therefrom are not prohibited from changing from one procedure to another in the processing of dismissals. Any procedure so established by a non-merit agency does not need to be formulated as a rule under Chapter 536, RSMo 1978, unless otherwise required by a statute which is peculiar to that agency. 4. Section 36.510, RSMo Supp. 1979, is applicable to all state agencies except the University of Missouri. 5. Sections 36.350, 36.390, and 36.510 are not applicable to the legislative or judicial branches or to elective officials of the executive branch or to agencies having a bi-state character.

Opinion Letter to The Honorable William J. Hannah

It is lawful for a city or municipality to enact an ordinance prohibiting the sale of liquor on days of any special, county, township, city, town or municipal election.

Opinion Letter to The Honorable Marion G. Cairns

Opinion Letter to The Honorable James F. Antonio

The Department of Mental Health has the authority to create the “patient's trust fund” by C.C.S.H.B. 1724, Sections 630.305 through 630.315, General Assembly. The Department of Mental Health has the authority to expend funds from the “patient's trust fund” either to provide patients or residents “easy access” to their funds or to spend the funds as representative payee or other fiduciary under public or private benefit arrangements. The Department of Mental Health has the authority under Sections 630.305 through 630.315 to administer the “patient's trust fund” without the approval or supervision of any other state agency.

A sixteen year old person arrested for violation of a state or municipal traffic ordinance or regulation, the violation of which does not constitute a felony, who refuses to submit to a chemical test to determine the alcoholic content of his or her blood, is subject to provisions of § 577.050, RSMo, relating to penalties for failure to submit to such test.

A Chapter 355 corporation may be merged into a Chapter 352 corporation, in the manner provided in Section 352.150. Once a judicial determination of lawfulness of the merger between two such corporations has been made, the secretary of state must file the facially valid documents presented to him as required by law.

Opinion Letter to The Honorable Robert B. Paden

An associate circuit judge of the probate division of the circuit court who was a probate judge on January 2, 1979, does not become a circuit judge of the probate division in a county of the second class which first attains a population of over 65,000 inhabitants under the 1980 official Census.

Section 320.235, RSMo 1978, permits the State Fire Marshal to release investigatory statements, testimony and reports to the public, provided that such statements, testimony and reports are not required to be kept confidential by any state or federal law.

Section 167.241, RSMo Supp. 1979, does not authorize a school board that does not maintain an approved high school offering work through the twelfth grade to designate an unapproved high school for attendance by resident pupils who have completed the work of the highest grade offered in the schools of the district, both by reason of § 167.131, RSMo 1978, and the provisions of § 167.241, RSMo Supp. 1979, requiring the board only to choose from high schools that meet minimum classification standards adopted by the State Board of Education.

Opinion Letter to The Honorable Melvin Smith

Opinion Letter to The Honorable Fred B. Brummel

Opinion Letter to The Honorable F. M. Wilson

Opinion Letter to The Honorable Edwin L. Dirck

Opinion Letter to The Honorable Paul Bradshaw

Opinion Letter to The Honorable Dotty Doll

Opinion Letter to The Honorable Marvin E. Proffer

Opinion Letter to The Honorable Paul Dietrich

Opinion Letter to The Honorable James F. Antonio

Opinion Letter to The Honorable Meredith Ratcliff

The Department of Mental Health and its facilities should deposit monetary grants, gifts, donations, devises and bequests to the credit of the Mental Health Trust Fund. State purchasing requirements relating to bids must be complied with unless it is impossible to make such purchases on a bid basis because of the provisions of the donations or bequests or if the property is of a technical nature in which case direct purchases can be authorized.

Opinion Letter to The Honorable Gary E. Stevenson

Opinion Letter to The Honorable Stephen R. Sharp

1. A refund of accumulated contributions could be paid to a circuit court clerk who terminates his membership and requests a refund under the provisions of subsection 2 of § 104.350 of House Bill 983 as enacted by the General Assembly. 2. A refund of accumulated contributions could be paid to a beneficiary or the estate of a circuit court clerk under the provisions of subsection 3 of § 104.372 of House Bill 983 as enacted by the General Assembly in the event of the death of a circuit court clerk. 3. A refund of accumulated contributions could be paid to a circuit court clerk at retirement under the present provisions of subsection 2 of § 104.372 of House Bill 983 as enacted by the General Assembly. 4. A refund of accumulated contributions could not be paid to a circuit court clerk prior to retirement under the present provisions of subsection 4 of § 104.372 of House Bill 983 as enacted by the General Assembly and signed into law by the Governor on February 14, 1980.

Opinion Letter to The Honorable John E. Scott

Opinion Letter to The Honorable Truman E. Wilson

Opinion Letter to The Honorable Ralph Uthlaut , Jr.

Opinion Letter to The Honorable Joe Moseley

Opinion Letter to Dr. Arthur L. Mallory

Opinion Letter to The Honorable James F. Antonio

(1) Presidential electors are state officers elected to statewide office. Consequently, in order for a new party to meet the statutory requirements of § 115.315, RSMo 1978, and nominate presidential electors and place its candidate for the United States President before this State's electorate it must meet the signature and petition requirements imposed by § 115.315.4, RSMo 1978. (2) If a new political party submits a petition in which some of its candidates meet the requirements of § 115.315, RSMo 1978, and others do not, those that do are legally entitled to be placed on the ballot. (3) In order for a new political party to place its candidates on the ballot in this State it must give a complete list of the names and addresses, including the street and number, of all candidates to be nominated for office, as specifically called for in § 115.315.2(3), RSMo 1978.

Money the sheriff of a second class county receives for copying offense reports, serving process from other counties, and acting as a special commissioner in partition sales should be paid to the county treasury.

Money the sheriff of a second class county receives for copying offense reports, serving process from other counties, and acting as a special commissioner in partition sales should be paid to the county treasury.

Money the sheriff of a second class county receives for copying offense reports, serving process from other counties, and acting as a special commissioner in partition sales should be paid to the county treasury.

Money the sheriff of a second class county receives for copying offense reports, serving process from other counties, and acting as a special commissioner in partition sales should be paid to the county treasury.

Interest earned by a county on money which the county receives from the County Aid Road Trust Fund should be credited to the county road and bridge fund and not to the county general revenue fund.