Missouri AG Opinions — 1981

Peace officers, upon request : (1) must release the names of juveniles involved in traffic accidents when such juveniles are not alleged to have violated any state or municipal traffic ordinances ore regulations in connection with such accidents; (2) must release the names of sixteen-year-old juveniles who are alleged to have violated non-felony state or municipal traffic ordinances or regulations in connection with a traffic accident; (3) may not release the names of juveniles who are alleged to have violated state or municipal traffic ordinances or regulations the violations of which are felonies; (4) may not release the names of juveniles under the age of sixteen who are alleged to have violated state or municipal traffic ordinances or violations; and (5) consistent with this opinion's holding on the release of names, must release other pertinent information concerning a traffic accident to inquiring parties.

The Land Reclamation Commission in implementing the Surface Coal Mining Law, Sections 444.800 to 444.940, RSMo Supp. 1981 , is subject to requirements of the Purchasing Law, Chapter 34, RSMo 1978.

Opinion letter to The Honorable Jack Goldman

The supervisor of the Division of Liquor Control may not issue a license for the sale of light wines not in excess of fourteen percent by weight by the drink at retail for consumption on the premises where sold in cities under 20,000 inhabitants or unincorporated areas outside the city limits unless a majority of the qualified voters of said city have authorized him to do so. The supervisor of the Division of Liquor Control retains his statutory discretion to issue a license for sale by the drink at retail for consumption on the premises where sold of light wines not in excess of fourteen percent in cities and unincorporated areas not within the purview of Section 311.090.

Opinion letter to The Honorable Lester R. Patterson

A judge who requests and receives a refund of retirement contributions as provided in subsection 4 of Section 476.585, RSMo Supp. 1981 , will not suffer any reduction or elimination of benefits on his or her own behalf or on behalf of a spouse under the provisions of Sections 476.535, 476.540 and 476.545 which they would otherwise be eligible to receive.

Under Section 168.221, a metropolitan school district (1) is not required to give a probationary teacher any reason for nonretention of the teacher for the subsequent school year, and (2) is not required to give a probationary teacher whose work has been determined unsatisfactory in March of a given year a statement of the reason or reasons for nonretention or a written statement setting forth the nature of the teacher's incompetency, or to allow the teacher a period of one semester within which to improve.

Presiding judge of county court is not a regular member of school board under Section 162.301.3, RSMo Supp. 1981 , and, therefore, Section 105.458, RSMo, is not applicable to presiding judge.

The Workers' Compensation Fund, Section 287.710, may not be expended for salaries and expenses relating to the administration of Chapter 595, pertaining to crime victims.

Members of State Soil and Water Districts Commission are to be appointed pursuant to Section 10.4 of Reorganization Act.

Opinion letter to The Honorable George E. Murray

The Board of Trustees of the Missouri State Employees' Retirement System has authority under the provisions of § 104.515, RSMo Supp. 1980, to include in any health benefits plan offered to its members the option of membership in a health maintenance organization organized under Chapter 354, RSMo 1978, and the Missouri State Employees' Retirement System must offer its members the option of membership in a qualified health maintenance organization, where twenty-five (25) or more system members reside in that HMO's service area.

Opinion letter to The Honorable James C. Kirkpatrick

Opinion letter to Barrett A. Toan

Opinion Letter to The Honorable Kaye Steinmetz

Opinion letter to The Honorable Phil Snowden

The Tort Defense Fund does not extend generally to the officers, agents, employees and members of the Office of the Adjutant General, to those in the Disaster Planning and Operations Office, or to those in the Office of Air Search and Rescue except to the extent that individuals so employed are the Adjutant General or members of the Missouri National Guard.

The fees and revenues of MHDC are not subject to constitutional and statutory mandates that all state revenue and other moneys from any source whatsoever be deposited in the state treasury and that the MHDC fees and revenues are not subject to appropriation by the General Assembly.

Opinion letter to Dr. James Frank

Opinion letter to The Honorable Jerry E. McBride

Opinion letter to The Honorable Stephen C. Bradford

Opinion letter to The Honorable Samuel C. Jones

Opinion letter to The Honorable Truman E. Wilson

Opinion letter to The Honorable John Schneider

1. A person who was a deputy circuit clerk in the City of St. Louis on June 30 1981 and who became a state employee the next day is a member of the Missouri State Employees' Retirement System and entitled to creditable prior service for all service rendered to the City of St. Louis if the individual complies with the provisions of paragraphs (a), (b), (c) and (d) of § 104.345.3(1) of House Committee Substitute for House Bills Nos. 835, 53, 591 and 830 of the 81st General Assembly.; 2. The allowance for creditable prior service provided for in House Bills Nos. 835, 53, 591 and 830 of the 81st General Assembly, for deputy circuit clerks of the City of St. Louis is not contingent upon the City of St. Louis Retirement System consenting to the transfer of funds.

Opinion letter to The Honorable Orvey C. Buck

With regard to the statewide reassessment currently in process the "state financed proportion” required to be maintained according to the Hancock Amendment (Art. X, § 21) is to be measured by the percentages set forth in § 137.750, RSMo Supp. 1980, and that accordingly, the state is responsible for reimbursement to the counties based upon the application of those percentages to actual approved expenses incurred in each county of the state.

Opinion letter to The Honorable John A. Birch

Opinion letter to The Honorable Estil Fretwell

Under §§ 104.310, et seq., as amended by House Committee Substitute for House Bills Nos. 835, 53, 591 and 830 of the General Assembly, if the employee does not use his accrued annual leave while he is an employee, and accrued annual leave is paid as a lump sum on the payroll for the employee's last month of work, the accrued annual leave is excluded from calculations of average final compensation and creditable service. Retirement benefits then commence the day after the last day worked.

Opinion letter to The Honorable Kenneth L. Oswald

Opinion letter to The Honorable Larry E. Mead

Opinion letter to The Honorable Paul Bradshaw

Opinion letter to The Honorable Gary E. Stevenson

A filing fee is not required in an action brought on behalf of a county hospital organized under the provisions of § 205.160 for the collection of an overdue account.

Opinion letter to The Honorable James R. Strong

Opinion letter to The Honorable William R. O'Toole

Opinion letter to The Honorable Kenneth L. Oswald

A contract entered into with the United States Secretary of the Army under § 57.109, RSMo Supp. 1980, for special law enforcement services by a sheriff must have the approval of the county court. The sheriff does not receive any additional compensation for the performance of such services, although the contract may contain provisions for direct reimbursement of mileage expense for the sheriff or his deputies using personal vehicles.

Juvenile officers do not fall within the definition of peace officers as provided by Section 590.100(2), RSMo.

Opinion letter to The Honorable Gary E. Stevenson

The change by the St. Louis County Board of Equalization in the formula for calculation of the merchants' and manufacturers' tax does not constitute an increase in the levy of an existing tax or the imposition of a new tax and need not, therefore, be submitted for voter approval according to the Hancock Amendment.

Opinion letter to The Honorable James F. Antonio

Local school districts are not required to bid depositaries in accordance with the provisions of Chapter 165, RSMo, because it is "unlawful” for a banking institution to pay interest upon demand deposits.

Opinion letter to The Honorable David Doctorian

The charges imposed by the Board of Public Works of the city of Fulton for electricity and natural gas consumption do not constitute any type of tax, license, or fee within the meaning of Art. X, § 22, Mo. Constitution, and that increases in those charges do not, therefore, depend for their validity upon voter approval prior to imposition.

Opinion letter to The Honorable John G. Meyer

Opinion letter to The Honorable Joe Moseley

In considering §§ 205.975 through 205.990, RSMo, in their entirety, before any entities can receive community mental health fund moneys levied and collected by counties under §§ 205.975 through 205.990, the entities are required to be designated by the Department of Mental Health in the state plan as providers of comprehensive mental health services in the catchment areas where the entities are located.

Interest collected on the assessment fund of the county under § 137.720 and § 137.750, RSMo Supp. 1980, goes into such fund and is not to be paid into county general revenue.