OPINION	DATE	TOPIC	SUMMARY
6-67	Apr 27	MUNICIPALITIES. PUBLIC SERVICE COMMISSION. WATER COMPANIES. GAS COMPANIES.	Third class city may sell water to other cities and to individuals beyond its corporate limits. Such city may not own facilities beyond its corporate limits to deliver such water. Such sales are not subject to jurisdiction of Public Service Commission. Third class city may not sell gas beyond its corporate limits. This opinion does not apply to cities having combined waterworks and sewerage systems which fall within the provisions of Section 250.190, RSMo.
14-67	Jun 6	WITHDRAWN	Names cannot be added to a petition requesting a formation of a new district under Section 162.221 after the petition has been filed with the county superintendent of schools.
15-67	Mar 23	DEVELOPMENT. FINANCE CORPORATION.	A development finance corporation formed under the provisions of Chapter 371, RSMo, may borrow money from any number of persons including members at the same time. Money borrowed from nonmembers may be secured as provided by Section 371.130 (4), RSMo Supp. 1965, in any priority.
17-67	Jan 24	AID TO BLIND. HEALTH AND WELFARE.	State Welfare Department is required to prepare public assistance budget of income and expenses in determining need for aid to the blind.
21-67	Nov 2	MOTOR VEHICLE REGISTRATION. LICENSES. DEPARTMENT OF REVENUE.	Subsection 1 of Section 301, RSMo 1959, prohibits any person from transferring his license plate to another person except for a period of fifteen days following the sale of a motor vehicle.
23-67	May 31	NOTARY PUBLIC. NOTARIAL SEAL. SECRETARY OF STATE.	It is therefore the opinion of this office that the seal of a notary public may be imprinted directly upon the document or the impression may be affixed tn the document. Either application is valid if the said seal bears the inscribed infor¬mation required by Section 486.040, RSMo 1959. Any administrative rule or practice to the contrary appears to be in conflict with the above stated authorities.
30-67	Mar 23	FIRE DISTRICTS. COUNTIES. PENSIONS. CLASS ONE COUNTIES.	A provision for pensioning of salaried employees of a fire district who incur non-service connected disabilities requiring their retirement from service of the fire department is within the authority of the board of directors of a class one county fire district.
31-67	Jun 8	LEASED PROPERTY. LEASES. PROPERTY ASSESSMENT. PROPERTY TAX. PROPERTY TAX EXEMPTION. TAXATION. EXEMPTIONS.	Property leased by an individual or private business to the United States, the state, city, county or a political subdivision of the state, under a lease-purchase or rental-purchase agreement, for a consideration, is not owned by such governmental unit and is not exempt from taxation under Section 137.100, RSMo 1959, prior to the time the option to purchase is irrevocably exercised. Property leased by an individual or private business for a consideration under a rental-purchase or lease-purchase agreement to an organization to be used for religious worship, for schools or colleges or for charitable purposes, is not exempt from taxation under Section 137.100, RSMo, prior to the exercise of the purchase option because the property is not being used exclusively for such purposes.
35-67	Mar 7	PERSONAL PROPERTY. STATUTORY CONSTRUCTION. STEAM. TAXATION. SALES-USE TAX.	Sales tax may not be assessed upon the sale of steam used for heating purposes.
37-67	Jul 21	GRAIN WAREHOUSE FUND. GENERAL REVENUE FUND. AGRICULTURE.	Fees for services rendered under Grain Warehouse Law shall be set by Commissioner of Agriculture to produce sufficient revenues to meet the expenses of administering the law.
39-67	Mar 14
41-67	Aug 3	DRIVERS LICENSES. DRIVERS LICENSE REVOCATION. DRIVING WHILE INTOXICATED. MOTOR VEHICLES.	1. Commission of another offense incident to driving while intoxicated is not necessary in order to convict an individual for the offense of "driving while intoxicated." 2. An individual arrested for "driving while intoxicated" may have his license revoked for refusing to submit to a breath test, whether the arrest involved another offense incident to driving while intoxicated or not.
42-67	Apr 4	WITHDRAWN	The extraction of limestone from the ground in limestone quarries constitutes "mining" as that word is used in Section 144.030, RSMo Supp. 1965, and machinery and equipment used directly to extract limestone which is intended to be sold ultimately for final use or consumption is exempted by this section from the imposition of sales and use taxes. The crushing and grading of limestone is not "manufacturing" and machinery and equipment used for such purpose is not exempt from a sales or use tax under Section 144.030, RSMo Supp. 1965.
43-67	Jan 17	PARKS. COUNTIES. THIRD CLASS COUNTIES. MUNICIPAL PARKS.	The City of Sedalia cannot undertake to construct a park four miles outside its corporate limits.
44-67	Apr 20
45-67	Jan 31	WITHDRAWN	It is. the opinion of this officer that laws relating to female labor, Section 290.040 RSMo., 1959 and the related special treatment laws, Section 292.040 RSMo., 1959, Section 293.060 RSMo., 1959 and Section 564.680 RSMo., 1959, are not inconsistent with the purposes and provisions of the federal Civil Rights Act of 1964 and therefore are not invalidated.
46-67	Mar 7	NATIONAL FOREST RESERVE FUNDS. TEACHER'S FUND. SCHOOL DISTRICTS. TAXATION - SCHOOLS. COUNTIES.	Money received from the National Forest Reserves under Chapter 12, RSMo, and distributed to the various counties for the use of school districts shall under Section 165.011, RSMo Supp. 1965, be placed to the credit of the teacher's fund.
47-67	Dec 12	WITHDRAWN	An automobile auction company which awards chance prizes to only its approved dealers who are present at the time of the drawing and where the. participating dealers has not given consideration in the form of money or its equivalent to the auction company for the privilege of participating in the drawing is not in violation of Section 563.430, RSMo Supp. 1965, in that the drawing lacks the element of consideration and does not constitute a lottery.
50-67	Aug 22	INSURANCE.	Scheme for recovery of medical and hospital expenses through voluntary contributions constitutes engaging in insurance business.
51-67	Feb 21
54-67	Feb 6
55-67	Jul 21
56-67	Mar 7	NEWSPAPERS. TOWNSHIPS. TOWNSHIP ORGANIZATIONS. COUNTIES. PUBLICATION. LEGAL PUBLICATION.	Periodicals which do not have a paid circulation do not qualify as newspapers under Sections 231.280, RSMo 1959, which provides for publication in a newspaper of the township financial statement and inventory of township property.
58-67	Jul 6	OLD AGE ASSISTANCE. PAYABLE TO. INMATE OF COUNTY NURSING HOME. COUNTY NURSING HOME. NON-PROFIT CORPORATING, OPERATING COUNTY. NURSING HOME. WHEN.	Patient in county nursing home established under Section 205.375 RSMo 1959 which is a public medical institution, under Section 208.010 RSMo 1959 may receive old age assistance payment if otherwise eligible. Division of Welfare has discretion to pay old age assistance to recipient-patient in county nursing home as it determines proper, or directly to county nursing home it has classified as medical institution.
60-67	Sep 21	SCHOOLS. COUNTY SUPERINTENDENT. SCHOOL DISTRICTS. COOPERATIVE AGREEMENTS.	1) A county superintendent does not have authority under Section 167.121, RSMo Supp. 1965, to assign a pupil from a district in the State of Missouri to attend a school district of another state. 2) The board of education of a Missouri public school district may contract with the school district and officials in another state for the providing of instructional services to pupils resident of the Missouri district where the schools of the other state are more accessible to the pupil so long as the contract does not delegate or surrender governmental functions and duties which are inherently vested in the Missouri public school board.
62-67	Jun 1	SECOND CLASS COUNTIES. COUNTY COURT. COUNTY PROPERTY. INSURANCE. BIDDING.	The County Court of a second class county must comply with Section 50.660, RSMo 1959, and submit all contracts involving expenditures of $500.00 or more for insurance on county property to the lowest and best bidder after due opportunity for competition.
65-67	Jan 20
66-67	Jan 17	WITHDRAWN	Inasmuch as the administrative body of the county is designated county court in the Constitution, it would take a constitutional' amendment to change its name. The term "judges of the county court" or "judges" is statutory in origin and therefore can be changed by statute.
68-67	Apr 25	NEPOTISM. PUBLIC OFFICERS. SCHOOLS.	School Board Member who votes to employ relative violates constitutional nepotism provision. Violator forfeits his office.
69-67	Sep 7	CRIMINAL LAW. RECKLESS OR NEGLIGENT. OPERATION OF MOTOR BOAT. A CRIME. WHEN.	If one, is charged with operating motor boat in reckless or negligent manner so as to endanger life or property of any person, by permitting one to ride on bow, while boat is operated; no criminal violation of Section 306.110 (1) RSMo 1959, would be alleged. In addition to such allegations, other facts must be given, specifically showing how motor boat was operated in reckless and negligent manner within meaning of said section, to sufficiently charge defendant with violation of same.
70-67	May 23
77-67	Jul 25	OPTOMETRY. PHYSICIANS. GLASSES.	Prescription glasses may be sold or dispensed to the individual who will wear the glasses or anyone of his choosing, and wholesale optical suppliers or manufacturers are not required to furnish such glasses pursuant to an individual prescription only to licensed optometrists and physicians. Preparing a prescription for corrective glasses constitutes the practice of optometry as defined in Section 336.010, RSMo, and such a prescription may not be altered or changed in any manner that would affect the corrective properties of the lens by anyone other than a licensed optometrist or physician.
78-67	Mar 16	ROAD DISTRICTS. COUNTIES. COUNTY COURTS. ROADS.	It is illegal for a special road district to repair or improve any private roads even though the cost is paid for.
82-67	Jan 31	NINE-HOUR LAW. MISSOURI FAIR EMPLOYMENT PRACTICES ACT. WOMEN EMPLOYEES.	The Missouri Fair Employment Practices Act does not negate nor supplant the Nine-hour Law and related statutes.
83-67	Mar 29
84-67	Feb 21
85-67	Mar 30	TAXES. AGRICULTURE. DEPARTMENT OF AGRICULTURE. NOXIOUS WEED LAW.
86-67	Aug 9
89-67	Feb 14	OFFICERS. CONSTITUTIONAL LAW.	By virtue of Article XIV, Section 9, Missouri Constitution, it is unlawful for a person to hold the position of member or alternate member of a County Agricultural Stabilization Committee Board and at the same time hold the office of collector, trustee or assessor of a township in this state.
92-67	Feb 7	WITHDRAWN	Section 87.045 RSMo., 1959, does not authorize retirement and payment of pension to permanently disabled firemen, whose disability resulted from occurrence while off duty and in no way connected with fireman's duties.
95-67	Jun 6	CHAUFFEUR LICENSE. COMMERCIAL VEHICLES. DRIVERS LICENSE. MOTOR VEHICLES. MOTOR VEHICLE LICENSE.	A van-type vehicle designed to accommodate eight people and regularly used as a courtesy car by motels to transport not more than eight guests to and from the airport is not a "commercial vehicle" as defined in Section 301.010 (1) RSMo 1959, and is not required to be licensed as such. An employee of a motel which regularly uses these vehicles for such purpose is acting as a chauffeur as defined in the second classification of Section 302.010 (3) RSMo Supp., 1965, and may be prosecuted for a misdemeanor if he so operates such a vehicle without possessing a valid chauffeur's license.
97-67	Nov 24	JUNIOR COLLEGE DISTRICTS. ANNEXATIONS. SCHOOL DISTRICTS.	When the boundaries of a public school district which is a component of a junior college district are changed then the boundaries of the junior college district are also changed automatically to coincide with the new boundaries of the component school districts.
98-67	May 15	WITHDRAWN
100-67	Feb 7	LIQUOR.	Liquor that has been consumed does not come within the meaning of the word "possession" as used in Sections 311.325, RSMo 1959, and 312.407, RSMo Supp. 1965.
101-67	Jul 11	CORONER'S FEES.	A coroner of a fourth class county, being himself, a physician or surgeon, is not entitled to a twenty-five dollar fee ($25) in conducting a post-mortem examination in addition to compensation in the form of salary as provided by law.
102-67	Mar 20
103-67	Feb 14	COUNTY BOARDS OF EDUCATION. SCHOOLS. SCHOOL DISTRICTS.	Where only one school district would be under the jurisdiction of a county board of education, the board of education of that school district should serve as the county board of education as provided by Section 162.113, RSMo Supp. 1965.
104-67	Feb 7	HOUSE OF REPRESENTATIVES. REPRESENTATIVE DISTRICTS. REAPPORTIONMENT. RESIDENCE.	A representative in the 1967 Legislature (74th General Assembly) is qualified under Article III, Section 4 of the Constitution to represent a district any part of which is within the county in which the representative resides.
105-67	Mar 16	TAXATION. INTANGIBLE TAX. SAVINGS AND LOAN ASSOCIATIONS.	Dividends received from both in state and out-of-state savings and loan associations are not subject to Chapter 146, RSMo, the Missouri Intangible Tax Law.
106-67	Mar 23	MISSOURI RURAL REHABILITATION CORPORATION. AGRICULTURE. DEPARTMENT OF AGRICULTURE.
107-67	Apr 4	WITHDRAWN	Section 143.140, RSMo, provides that except as provided in paragraph 2 thereof, that distributions from employee stock bonus, pension or profit-sharing plans are taxable to the distributee as ordinary income in the year when distributed to the extent that the distribution exceeds the total amount previously paid in by the distributee. The Director of Revenue is not authorized by Section 143.200, RSMo, or any other statute to promulgate rules and regulations to tax such distributions in accordance with the provisions of the Internal Revenue Code when such method differs from that provided by the Missouri statutes.
109-67	Apr 25	POLITICAL SUBDIVISIONS. PUBLIC WATER SUPPLY DISTRICTS. TAXATION. EXEMPTIONS. SALES TAX.	A public water supply district organized under the provisions of Chapter 247, RSMo 1959, is a "political subdivision" within the meaning of that term as used in Section 39 (10), Article III, Constitution of Missouri 1945, and such districts are not subject to sales or use tax for the purchase of materials or equipment made directly by the district out of its funds to be owned exclusively by and for the exclusive use of the district.
111-67	Jan 24
112-67	Jun 1	COURTS. MAGISTRATE COURTS. PROCESS. SERVICE OF PROCESS.	Magistrates lack the power or authority to appoint anyone other than public officers to serve any process other than summonses, and then only by a strict adherence to Section 517.100, RSMo 1959.
113-67	Apr 25	COUNTY HOSPITALS. BOARD OF TRUSTEES. BUDGET.	A county hospital established under the provisions contained in Sections 205.160 to 205.340 RSMo 1959 is governed by the requirements of Section 50.540, RSMo Cum. Supp. 1965. to the extent that the hospital board must submit its budget to the budget officer, but that said budget is not subject to revision as provided in Section. 50.610 RSMo Supp., 1965.
115-67	Jul 3	REAL PROPERTY. SCHOOLS. TAXATION. EXEMPTIONS. PROPERTY.	Facilities owned by schools and colleges, used exclusively as residences for students and/or faculty of the school, are exempt from property taxes by Section 137.100, RSMo if this use is primarily for educational purposes and not only as housing facilities for the convenience and benefit of the students or faculty residing therein. The determination of what constitutes the primary use rests upon the facts of each individual case.
118-67	Mar 28	WITHDRAWN
119-67	Mar 30	RELIGIOUS ORGANIZATIONS. TAXATION. EXEMPTIONS. SALES AND USE TAXES.	Purchases of construction materials by a religious organization to be turned over to a contractor for use in building a church are purchases made in the conduct of regular religious functions and activities of the organization and are exempt from sales and use taxes under Section 144.040, RSMo 1959.
120-67	Jan 9	FEDERAL GRANTS. COMMISSION ON HIGHER. EDUCATION.	Missouri Commission on Higher Education is empowered and authorized to receive and utilize federal grants under the Federal Higher Education Facilities Comprehensive Planning Grants Program.
121-67	Mar 6
123-67	Jan 13
124-67	Jul 24	COUNTY TREASURER. DEPUTIES. ASSISTANTS. COUNTY COURT. SECOND CLASS COUNTIES.	A county treasurer of a second class county must submit his deputy and assistant appointments to the county court pursuant to Section 54.230, RSMo 1959.
125-67	Feb 2	PROSECUTING ATTORNEYS.	Only one assistant prosecuting attorney may be appointed in third and fourth class counties.
127-67	May 9	DEPARTMENT OF REVENUE. RECORDS. STATE RECORDS COMMISSION.	The disposition of state records, regardless of pre-existing laws, is now governed by rules and regulations promulgated by the State Records Commission pursuant to Section 109.310, RSMo Supp. 1965, after the effective date of the adoption of such rules and regulations.
128-67	May 31	COUNTY HOSPITAL. MAINTENANCE FUND. BALANCE. COUNTY COURT CANNOT TRANSFER.	County hospital trustees have exclusive control and expenditure of all money collected to credit of county hospital fund under Section 205.190, RSMo Cum. Supp. 1965, including taxes levied for hospital maintenance, under Section 205.200, RSM0 Cum. Supp. 1965. Tax levy under said section may be used for maintenance, improvement, construction and furnishing necessary hospital additions. Said tax proceeds shall be used for purpose for which tax levied and none other. County court is unauthorized to transfer unused balance of hospital maintenance fund to county road and bridge fund or to county revenue fund.
131-67	Mar 30	SCHOOL DIRECTORS. JURY SERVICE.	Members of the Board of Education of six director school districts are not excused from jury service by the provisions of Section 494.031(7), RSMo 1959.
133-67	May 18	STATE EMPLOYEES' RETIREMENT SYSTEM. LEGISLATURE. RETIREMENT. RESIGNATION.	A member of the legislature who has served six or more years as a member of the General Assembly and who meets the conditions for retirement at or after normal retirement age is entitled to receive credit in calculating his retirement annuity for having served in a biennial assembly from which he has resigned.
134-67	Mar 16	WITHDRAWN	Ammonia distributors and fertilizer spreaders are not subject to registration and licensing pursuant to Chapter 301, RSMo 1959. Ammonia supply or nurse tanks with running gear attached and vehicles carrying ammonia supply or nurse tanks are required to be registered and licensed pursuant to Chapter 301, RSMo 1959.
136-67	Mar 23	VOTERS. METROPOLITAN PLANNING COMMISSION. DIVISION OF COMMERCE AND INDUSTRY.	Doctrine of "one-man, one-vote" does not apply to positions that are appointed.
138-67	Aug 15	WITHDRAWN
139-67	Feb 21	COUNTY SCHOOL SUPERINTENDENT. VOTER REGISTRATION. SCHOOL DISTRICTS.	County voter registration under Chapter 114, RSMo, does not apply to voters living outside Springfield voting for county superintendent of schools or the school election.
141-67	Jun 16	CITY LIBRARY. COUNTY LIBRARY. LIBRARIES. CO-OPERATIVE AGREEMENTS.	(1) The Mexico City Library and the Audrain County Library District are authorized to expend funds to remodel a building for the use of both (2) That the building may be owned by the two as tenants in common and (3) That the two may enter into a cooperative agreement respecting the rights and obligations of both.
142-67	Feb 21	MAGISTRATES. EMPLOYEES. COMPENSATION. COUNTIES. COUNTY COURTS.	Pursuant to Section 483.485, RSMo Cum. Supp. 1965, a county court determines the need for additional employees of a magistrate court and also determines the amount of salary to be paid from the county funds.
143-67	Jul 20
144-67	Mar 30	WITHDRAWN	A County Court cannot provide money to the County Soil and Water Conservation District for the employment of secretarial hire for the said district.
146-67	Aug 1
149-67	Mar 14	CONLICT OF INTEREST. AGRICULTURE. JOHNSON GRASS LAW. COUNTY WEED CONTROL BOARD.	The employment by the Platte County Weed Control Board of one of its members to perform services for the Board is against public policy and therefore unlawful.
150-67	Mar 20
151-67	Oct 24	ABSENTEE BALLOTS. REGISTRATION. ELECTIONS.	Applications made by mail for absentee ballots may be made signed either by the person's signature or his mark if properly authenticated. If not authenticated, the Board of Election Commissioners should investigate to determine the validity of the application. If the application is made in person, by the voter, it may be executed, either by the voter's signature or his mark.
152-67	May 25	WITHDRAWN
155-67	Jul 6	COUNTY HIGHWAY ENGINEER. COUNTY SURVEYOR. COUNTY COURTS. COUNTY PLANNING COMMISSION.	In a county in which there is no county highway engineer the county planning commission may nontheless function.
158-67	Aug 22	SCHOOLS. RELIGION. SCHOOL BUILDINGS.	A public school board may allow the use of public school property by a church college or municipality for civic, social and educational purposes that do not interfere with the prime purposes of the school property and that where there is an exchange of consideration between the public school district and the church educational institution, then there is no aid to religion.
159-67	Mar 7	CHARTER FORM OF GOVERNMENT. CITY OF THE FOURTH CLASS. CENSUS.	A census taken by a fourth class city pursuant to Section 81.030, RSMo 1959, has the legal force and effect of a federal decennial census under Section 82.020, RSMo 1959, for the purposes of a determination of the population or number of inhabitants required for adoption of a Charter form of government under Article VI, Section 19, of the Constitution.
161-67	Jun 29
162-67	Dec 28	WITHDRAWN	Banks and trust companies must register and file antitrust affidavit with Secretary of State under 351.120 and 351.135.
167-67	Mar 7	COUNTY COURT. WOLF BOUNTY.	Person claiming bounty for killing wild animals must personally subscribe to oath before county clerk.
172-67	May 24	ELECTIONS. CORRUPT PRACTICES. UNIONS. LABOR UNIONS. POLITICAL COMMITTEES. COMMITTEES.	Two or more persons whether members of labor union or not, collecting and disbursing money to be used in furtherance of election to public office of any person, constitute a political committee and treasurer must file report of expenditures in period during ninety days preceding election including primaries. Statute of limitations under Section 129.260 (3) requiring treasurer to file a statement within five days after request by five freeholders is one year.
174-67	Jul 20	ROADS. BRIDGES.	Where a public road is closed or abandoned, the county would have a reasonable time to remove a bridge located, on a county road. Title to the bridge does not revert to the adjoining landowners.
175-67	Mar 3	WITHDRAWN
176-67	Jul 12	WITHDRAWN	The Board of Trustees of the Employees Retirement System does not have authority, either express or implied, to invest funds of the System in shares of mutual investment funds.
179-67	Mar 23	CONSTITUTIONAL LAW. MOTORCYCLE. HIGHWAY PATROL.	Statute requiring operators or passengers on motorcycles to wear helmets constitutional.
180-67	Mar 20
181-67	Feb 23	INSURANCE.	Articles of Incorporation of American Patriot Life Insurance Company.
182-67	Apr 11	JUVENILE COURTS. CHILDREN. COUNTY COURTS.	It is mandatory that a fourth class county pay cost of foster home care.
188-67	Mar 9
189-67	Mar 14
190-67	Jul 13	SIX DIRECTOR SCHOOL DISTRICTS. PARKS.	A six director school district is a public corporation and under Section 177.101 RSMo Supp. 1965 when applicable, certain six director school districts are authorized to establish and maintain parks within their districts.
193-67	Oct 17
194-67	Mar 30
195-67	Mar 16	VOTERS. REGISTRATION. ELECTIONS. LEGISLATION. RACE, DESIGNATION OF.	House Bill No. 136 (74th General Assembly), if enacted; would not invalidate presently valid registrations.
196-67	Jun 13	WITHDRAWN	A manager of a branch office of the Department of Revenue does not violate the Conflict of Interest Law of Missouri, Section 105.490, RSMo Supp. 1965, merely because he is a member of the board of directors of a bank which is a depository for state funds.
201-67	Mar 21
203-67	Mar 13
206-67	May 29
211-67	Oct 3	WITHDRAWN	A county school superintendent cannot receive compensation from a school under his supervision for performing his official duty or for performing any other service for the school.
212-67	Jun 27	MOTOR VEHICLES. INTOXICATED OPERATORS. STATUTORY VIOLATION. CITY ORDINANCE ON.	Operation of motor vehicle over city streets, whether marked or unmarked as state highway, by one in an intoxicated condition, a violation of Section 564.440, RSMo 1959, defining and fixing punishment for operating motor vehicle by intoxicated person, regardless of fact said city had ordinance in effect at time of alleged act, prohibiting operation of motor vehicle in city while one was intoxicated and city failed to charge such person with ordinance violation.
213-67	Oct 17
215-67	Oct 3	BONDS. PARKS. RECREATION. TAXATION. COUNTIES.	Section 64.755, RSMo Cumm. Supp. 1965, does not prohibit counties of any class from issuing bonds for park purposes even though political subdivisions in that county are presently taxing for park purposes at the rate of two mills.
219-67	Aug 15	WITHDRAWN	In the absence of specific statutory authorization probationers arrested for a violation PROBATION AND PAROLE: of probation conditions are not entitled to be admitted to bail.
222-67	Oct 24	WITHDRAWN	Magistrate courts in single county judicial circuits have no authority to grant limited driving privileges to persons whose license has been suspended or revoked for any reason, including a conviction of driving while intoxicated, under Section 564.440, as amended.
223-67	Jun 1	COSMETOLOGY.	A registered cosmetology school cannot require its students to pass a final examination before releasing the students hours, and allowing the students to take their state board examination. The right to a state license is not dependent upon the completion of any school's course but only upon having the qualifications required by Section 329.050, RSMo Supp. 1965, as determined by the state board.
224-67	Apr 26	PARK DEPARTMENT. HIGHWAY COMMISSION. STATE HIGHWAY COMMISSION. AIRPORT. TAXATION. GAS TAX REVENUE. MOTOR FUEL TAX.	(1) The state Highway Department does not havEauthority to use State Highway funds e purpose of making surveys anal tests for the establishment of a,n airport in Lake Ozark State Park (2) The St;at:e;!H ,—s way Commission does have authority to expend State Highway funds for t°..purposd of relocating a highway located" State Park caused by the location of a..n airport therein.
226-67	May 2	WITHDRAWN	Where an election has been held approving the abolition of the office of county superintendent pursuant to Section 179.210, RSMo Supp. 1965: 1) If there is no person occupying the office at the time of the abolition election, then the office shall be officially closed after the election; 2) If there is a person presently holding the office at the time that the abolition election is held, then the office shall be officially closed when that person ceases to. hold the office either because of death, resignation, removal, expiration of elected term or any other cause; 3) Upon the closing of the office, the functions normally performed by the county superintendent of schools shall be performed as provided in Section 179.220, RSMo Supp. 1965. No person performing these duties shall receive remuneration for his time or expense incurred.
227-67	May 16
228-67	Jul 20	CHAUFFEURS. AMBULANCE. LICENSE.	An owner of an ambulance/service who operates an ambulance in connection with his business of providing ambulance service for compensation is required by Section 302.020, RSMo 1959, to have a valid chauffeur's license.
232-67	Apr 25
235-67	Dec 12	SCHOOLS. SCHOOL BOARD. SCHOOL TAX. SCHOOL DISTRICT. TUITION.	A school board may set a tuition rate which is not the actual per pupil cost except as expressly limited by statute. A parent may send his children to a public school in the district in which he pays a school tax. A school board does not have the right to refuse admittance to the child of a school taxpayer in that district.
239-67	Aug 23
243-67	Nov 2	COURTS. MAGISTRATE COURT. MOTOR VEHICLES. DRIVERS LICENSE.	A non-resident defendant convicted of any charge for which Chapter 302, RSMo as amended, makes mandatory the suspension or revocation of his privilege to operate a motor vehicle in this State must surrender his license to the Court pursuant to Section 302.225, RSMo Sup. 1965 and the Court must, within ten days thereafter, forward the license, together with the record of conviction, to the Director of Revenue. The Director should note on the back of the license that the privilege of the non-resident to drive a motor vehicle on the highways of this State is suspended for the required length of time or revoked and return the license as soon as possible to the licensee. The Director also should forward a certified copy of the record of conviction to the motor vehicle administrator in the state wherein the person so convicted is a resident. Section 302.150, RSMo.
244-67	Jul 6	PARK B0ARD. AIRPORTS. PARKS.	The State Park Board has implied power and authority to construct an airport on State Park Land.
248-67	May 10
249-67	Aug 9	WITHDRAWN
251-67	Sep 1	ANATOMICAL BOARD. DISPOSITION OF DEAD HUMAN BODIES. GIFTS OF HUMAN BODIES. DEAD BODIES.	Under the provisions of Section 194.190, RSMo Cum. Supp. 1965, only a person 18 years or older of sound mind may consent by writing as provided therein to donate his body or parts thereof to a named institution. A college, university, licensed hospital or the State Anatomical Board is not exempted from tort liability by Section 194.190 (6) if such institution removes or uses all or any part of a body for scientific, educational or therapeutic purposes without the written consent of the decedent except for cases where the consent of the decedent had been revoked but the institution acted in good faith without actual knowledge of the revocation.
254-67	Aug 10	CIRCUIT JUDGES. COURT REPORTERS. TRANSCRIPTS.	(1) Under Supreme Court Rule 27.26, effective September 1, 1967, post-conviction transcripts are transcripts in civil cases and when ordered by the court under provisions of Section 485.100 RSMo Supp. 1965, the cost of such transcripts shall be paid for by the county, providing the appeal is duly perfected. (2) Unless the circuit court orders the transcript for an indigent under provisions of Section 485.100 the court reporter must furnish the transcript without fee as an officer of the court.
256-67	Oct 30
258-67	May 19
259-67	Jun 15	CONFLICT OF INTEREST. OFFICERS. COUNTY OFFICERS. COUNTY JUDGE. COUNTY TREASURER. SCHOOLS.	County treasurer and county judge may serve as director of six director school district.
261-67	Jul 6	NEPOTISM. PUBLIC OFFICERS. AFFINITY. CONSTITUTIONAL LAW.	The relationship between the Mayor of a third class city and an employee who is the husband of the Mayor's sister, is a relation within the fourth degree, by affinity, within the meaning of Article VII, Section 6, Missouri Constitution 1945 and hence this appointment violates Article VII, Section 6, Constitution of Missouri 1945.
264-67	May 23
265-67	Oct 19	ARREST.	Policemen of third class cities outside of St. Louis County do not have authority to make ordinance violation arrests in hot pursuit beyond city limits.
266-67	Oct 30
269-67	Jun 16	WITHDRAWN	An attorney who has served as an officer or employee of an agency is not precluded within two years after termination of service or employment with that agency from appearing in a representative capacity before that agency when such appearance does not relate to any case, proceeding or application with respect to which such attorney was directly concerned, or in which he personally participated during his service or employment with that agency. An attorney who was an employee of the "Committee on Legislative Research" was not an employee of an "agency" as defined in Section 105.450 (1), RSMo Supp. 1965, and does not come under the provision of Section 105.480, RSMo Supp. 1965.
272-67	May 2	Federal-State Agreements. Elementary and Secondary Education Act.	State Plan between State Board of Education and federal office of Education regarding library resources, etc., Title II, P.L. 89-10.
273-67	May 5	Federal-State Agreements. Adult Education.	Approval of State Plan between State Board of Education and federal office of Education for Adult Basic Education Program, Title III, P.L. 89-750.
274-67	Nov 7
278-67	May 23
279-67	Jun 8	WITHDRAWN	The positions of county superintendent and superintendent of a public school district are incompatible.
280-67	Dec 12	STATE HIGHWAY PATROL. ARREST. CITIES, TOWNS AND VILLAGES. FOURTH CLASS CITY.	State Highway Patrol is without authority to enforce municipal ordinances and a fourth class city cannot confer such authority by ordinance.
282-67	Aug 3	COUNTY LIBRARY DISTRICT. PETITION FOR. COUNTY COURT. DUTIES. MANDATORY. WHEN.	If petition for establishing county library district outside all cities and towns with tax supported libraries of county, filed with county court of such county, under Section 182.010 RSMo 1959, and court finds petition to comply with section, it shall make record required by section. Court without discretion has mandatory duty of ordering election held. Court has discretion in setting date, and may order election held on next annual school election date or on special election date of petition. Cannot hold election less than forty-five days after filing of petition.
283-67	Aug 30
285-67	Oct 17	INSURANCE. CREDIT SALES. INSTALLMENT SALES. CONSUMER CREDIT.	Insurance upon the lives of installment credit account holders must be made pursuant to 408.260. Companies issuing such insurance must be authorized to do business in Missouri.
286-67	Sep 5	INSURANCE.	A corporation which agrees for a specified annual payment to reimburse or furnish, wholly or partially, to its contract holders financial responsibility bonds, bail bonds, accident-travel expenses, legal expenses, emergency road service, towing, and tire changing arising from, the operation of motor vehicles is engaging in the insurance business.
289-67	Aug 21
292-67	Aug 10	WITHDRAWN	Magistrate Courts in Jackson County, a single-county judicial-circuit, are not authorized by Section 302.309, RSMo, to grant limited driving privileges to persons whose license has been revoked for failure to submit to a chemical breath test as required by Sections 564.441-564.444, RSMo Supp. 1965.
293-67	Jun 15	AUDITOR. COUNTIES. COUNTY COURT.	Section 50.055, RSMo 1959, and Section 29.230, RSMo Supp. 1965, are alternative methods by which the State Auditor can be requested to audit a second class county. If a request is properly made under either statute, the State Auditor must audit the county. In either event the county must pay for the cost of the audit.
296-67	Sep 11
297-67	Aug 17	JUVENILE COURT. JUVENILE OFFICER. PROSECUTING ATTORNEYS	Prosecuting attorney to furnish legal advice to juvenile officer but not participate in court proceedings.
298-67	Aug 17	ADOPTION. JUVENILE COURT. NEGLECTED CHILDREN.	Juvenile Court first acquiring jurisdiction over neglected child has exclusive jurisdiction in proceedings to terminate parental control.
304-67	Aug 22	SOIL AND WATER CONSERVATION. SUBDISTRICTS. STATE AGENCIES.	(1) Soil and water conservation subdistricts organized under the provisions of Chapter 278, RSMo, to carry out watershed protection and flood prevention purposes and to further conservation and utilization of water for additional purposes including recreation, irrigation and wildlife development, have implied power to construct dams across non-navigable streams to achieve the ends for which the subdistricts are created; (2) Such soil and water conservation districts are governmental agencies of the state and do not come within the purview of Chapter 236 RSMo, which requires private persons or corporations to obtain permission of the circuit court to build dams for mills, electric power or other machinery; (3) Any damage to the riparian. rights of downstream landowners from the construction of dams by soil and water conservation subdistricts would be consequential and result from the proper exercise of the police power of the state and be damnum absque injuria.
307-67	Aug 22
308-67	Jul 6	MARRIAGE. MISCEGENATION.	The statutory prohibitions against interracial marriages as set forth in Section 451.020, RSMo Supp. 1965, and Section 563.240, RSMo 1959, are unconstitutional.
309-67	Jul 12	MARRIAGE. RABBIS.	Rabbis have the power and authority to solemnize marriages in this state.
310-67	Nov 2
311-67	Jun 20
312-67	Dec 21	WITHDRAWN	A councilman of a special charter city would violate Section 105.490, RSMo Supp. 1965, by furnishing the special charter city with insurance, whether as low bidder or otherwise.
313-67	Jun 21	ELEMENTARY AND SECONDARY EDUCATION ACT. STATE BOARD OF EDUCATION. FEDERAL GRANTS.	Review and certification of State Board's application for program grant to provide educational programs for migratory children of migratory agricultural workers under Title I, Public Law 89-10 as amended by Section 103, Public Law 89-750.
315-67	Sep 28
316-67	Jul 18
317-67	Dec 21	COUNTIES. COUNTY COURTS. BUILDING COMMISSION. PLUMBING INSTALLATION. SEWAGE DISPOSAL.	Counties of the first and second class may adopt building codes which include provisions for regulation of plumbing installation and sewage disposal.
320-67	Aug 22	ELECTIONS. VOTING MACHINES. ELECTRONIC VOTING MACHINES. SECRETARY OF ELECTIONS. STICKERS. BLACK STICKERS.	Electronic voting systems may be used in second class counties containing part of city of more than 350,000 when ballot card placed in envelope, envelope number entered in poll books, second envelope number placed on ballot card and sticker placed on both numbers on envelope.
324-67	Jul 25	LICENSE FEES. POOL TABLES.	The annual license tax prescribed by Section 318.020, RSMo 1959, for tables described in Section 318.010, RSMo 1959, is applicable to pool tables which are not regulation size and are coin operated.
327-67	Jul 20
328-67	Aug 17	CONTEMPT. WORKMEN'S COMPENSATION. WITNESSES. VENUE.	Venue of offense of witness not appearing in Workmen's Compensation hearing is in county where witness was to appear.
330-67	Oct 26	TAXATION. SALES/USE TAXES. REFUND.	The Director of Revenue may grant a refund of overpaid sales and use taxes as authorized by Section 144.190, RSMo 1959, only when a proper claim for said refund is filed within one year from the date of overpayment.
332-67	Sep 1	COSMETOLOGY.	Section 39.070, RSMo 1959, requires a person to be at least seventeen years of age before that person can be an apprentice or student. The State Board of Cosmetology cannot waive this requirement.
333-67	Jul 31	CONSTITUTIONAL AMENDMENT.	Ballot Title for House Joint Resolution No. 6
334-67	Jul 31	CONSTITUTIONAL AMENDMENT.	Ballot Title for Senate Joint Resolution No. 10
336-67	Sep 27
337-67	Aug 22	PUBLIC RECORDS. RECORDER OF DEEDS. MICROFILMING OF RECORDS.	The recorder of deeds has the authority and duty to determine whether instruments entitled to be recorded in his office are to be recorded by making photographic copies of such instruments which shall be bound, paged and indexed in record books pursuant to Section 59,410 RSMo 1959, or whether such instruments are to be recorded by means of microfilm or other mechanical process pursuant to Section 109.120, RSMo Cum. Supp. 1965.
338-67	Aug 21
339-67	Aug 1	LEGISLATORS. SENATORS. REPRESENTATIVES. GENERAL ASSEMBLY. LEGISLATURE. COMPENSATION.	Increase in compensation for Senators and representatives under House Bill No. 100 of the 74th General Assembly effective first day of regular session of 75th General Assembly. Increase applies to holdover Senators as of such date.

1967 Attorney General Opinions

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1967 Missouri Attorney General's Opinions