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Missouri Attorney General

1970 Attorney General Opinions

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1970 Missouri Attorney General's Opinions

OPINIONDATETOPICSUMMARY
3-70Nov 20CRIMINAL LAW.
ARREST.
POLICE.
A regularly employed police officer of a third class city retains the same powers to arrest while off-duty which he possesses while on duty; the liability of a police officer of a third-class city for false arrest and other related torts depends upon the lawfulness of the arrest; the lawfulness of an arrest made by a police officer from a third class city does not depend upon whether the policeman was on or off duty; and a private citizen may only arrest for those misdemeanors which involve breaches of the peace, petit larcency committed in his presence, or pursuant to those powers granted him by virtue of Section 537.125, RSMo.1969, and Section 560.415, RSMo 1969.
4-70Jun 8COUNTY COLLECTORS.
TOWNSHIP COLLECTORS.
SOCIAL SECURITY.
LIBRARIES.
COUNTY LIBRARIES.
County and/or township collectors may charge commissions authorized to them against funds collected for library purposes. The County Library Boards not required to make payments from library funds of the "employer's share" of social security tax payments for the benefit of the county or township collectors who have collected library taxes for the reason that such payments, do not constitute taxable wages paid by an employer to an employee within the meaning of the Social Security Act.
5-70Jan 12
6-70May 13PUBLIC RECORDS.
CITIES, TOWNS & VILLAGES.
CONSTITUTIONAL CHARTER CITIES.
When the citizens of a county are threatened by a disaster, the County Court has the authority to activate the county's civil defense personnel without requesting authority from the governor; said person so activated have all rights, duties, and responsi­bilities granted. them under Chapter 44 RSMo Supp. 1967 and by the rules and regulations thereunder.
8-70Jan 13
11-70Jan 12PUBLIC RECORDS.
STATE RECORDS.
It is the opinion of this office that the authority of the Director of the State Records Commission under the State Records Law in microfilming records is limited to microfilming records which are to be stored or preserved, and it does not apply to microfilming records used currently by state agencies.
12-70Mar 6CITIES, TOWNS AND VILLAGES.
RUBBISH.
The City of Brentwood has the authority under Sections 71.680 and 71.690, RSMo, to charge and collect an annual fee for the collection of rubbish, and as a matter of convenience to bill for the fee on the annual real estate bill, so long as it is not considered and treated as a real estate tax.
13-70Jan 19COUNTY COURTS.The Boone County Court has no authority to convey by gift to the Boone County Agricultural and Mechanical Society real property belonging to the county.
14-70Jan 21
15-70Apr 3WITHDRAWN
16-70Jan 14WITHDRAWN
19-70Jul 6DIVISION OF HEALTH.
AGRICULTURE.
It is the opinion of this office that the provisions of the Missouri Dairy Law, Section 196.520 to Section 196.690, RSMo, do not prevent the Missouri Division of Health from exercising authority under the provisions of the Missouri Food, Drug and Cosmetic Act, Sections 196.010 to 196.120, RSMo.
20-70Oct 20WITHDRAWN
21-70Jan 12
23-70Jan 21COOPERATIVE AGREEMENTS.
COUNTY COURTS.
COUNTY CLERKS.
(1) Clay County can contract with the municipalities of Clay County to extend the taxes for said municipalities. (2) The County Clerk of Clay County has the discretionary authority to decide whether he will enter into a cooperative agreement with a municipality of Clay County to provide a common service pursuant to cooperative agreement statute; and assuming that the clerk of Clay County decides to enter such a contract, the contract must be taken before the county court of Clay County for approval. (3) Any consideration paid pursuant to a cooperative agreement contract for the extension of taxes between the county clerk of Clay County and the municipalities of Clay County must be paid into the county treasury.
25-70Jan 22
26-70Jan 29WITHDRAWN
27-70Feb 5
28a-70Mar 19TAXATION (CITIES, TOWNS & VILLAGES).
EARNINGS TAX.
The cities of Kansas City and Independence cannot, whether by statute or by city charter, enter into an agreement whereby each would rebate to the other earnings taxes collected from residents of the other city.
29-70Jan 19WITHDRAWN
30-70Sep 14
31-70Mar 10
32-70Oct 20PREVAILING WAGE LAW.
PUBLIC WORKS.
The term "public works" as used in Section 290.210(7), RSMo 1969, of the prevailing wages law means structural works having a permanent character and usefulness, such as roads, buildings, bridges, and dams. The term "maintenance work," Section 290.210(4), RSMo 1969, means the repair or restoration of that portion of an existing facility which has fallen into a state of deterioration or decay to its original condition. "Maintenance work" does not include "major" repairs or "replacement;" the latter constitute "construction." "Replacement" entails the complete substitution of an existing facility with a new or different facility. Installing a central air conditioning unit in a public building constitutes "construction" within the meaning of Section 290.210(1), RSMo 1969, if the building was formerly without such a unit. Substituting a new central air conditioning unit or furnace in a public building in place of a deteriorated or worn out unit or furnace also constitutes "construction." However, replacing a worn out part of a central air conditioning unit or furnace in order to restore the unit or furnace to operational condition constitutes "maintenance work" within the meaning of Section 290.210(4), RSMo 1969. Installing new or different partitions in a public building, either at the location of former partitions or at a different location, and rearranging present partitions constitutes "construction," Section 290.210(1), RSMo 1969. However, restoring an existing partition to sound condition by repairing the deteriorated portion constitutes "maintenance work," Section 290.210(4), RSMo 1969. Tarring a roof of a public building constitutes "maintenance work," Section 290.210(4), RSMo 1969, if the roof is in a state of disrepair or deterioration, otherwise it would be "construction," Section 290.210(1), RSMo 1969. Putting an entirely new roof on a public building constitutes "construction," Section 290.210(1), RSMo 1969. Installing new garage doors on a public building
33-70Feb 11COURTS.
CLERKS OF COURTS.
FEES.
COSTS.
An opinion with respect to House Bill No. 35 of the 75th General Assembly (Sections 48.530 and 483.540,V.A.M.S.) relative to numerous questions concerning the fees of clerks of certain courts of criminal correction, circuit and common pleas courts.
34-70Jan 9WITHDRAWN
36-70Jan 12
37-70Apr 30GENERAL ASSEMBLY.
LEGISLATIVE EMPLOYEES.
Section 21.150, RSMo Supp.1967, which allows the members of minority party of the House the of Representatives to employ one stenographer or secretary for each five members of the minority party is not unconstitutional when tested by the "one man-one vote" principle as articulated by the Supreme Court of the United States.
38-70Jul 31
39-70Mar 23
40-70Mar 11WITHDRAWN
41-70Jan 13
42-70Jan 14TAXATION (CIGARETTE TAX).
CIGARETTE TAX.
CONSTITUTIONAL LAW.
House Committee Substitute for Senate Substitute for Senate Bills Nos. 1, 185 and 215 of the 75th General Assembly is not unconstitutional in violation of Article III, Section 23, Missouri Constitution.
43-70Mar 30ELECTIONS.
INITIATIVE & REFERENDUM.
PETITION.
(1) A person who wilfully and falsely executes a verification affidavit on a referendum petition may be punished therefore by a fine not exceeding $500 or by imprisonment in the penitentiary not exceeding two years, or by both such fine and imprisonment. (2) The Secretary of State is not under a statutory duty to forward such information as he might possess regarding the wilful and false execution of a verification affidavit on a referendum petition to appropriate prosecuting officials.
44-70Feb 18CONFLICT OF INTEREST.
CITIES, TOWNS AND VILLAGES.
CITY CONTRACTS.
FIRE DEPARTMENTS.
It is therefore the opinion of this office that a fourth class city fire chief who sells equipment and services to such city through a company owned in whole or in part by him violates Section 10 300, RSMo 1959, which prohibits city officers from being directly or indirectly interested in city contracts.
45-70Feb 3
46-70Sep 30CONSERVATION COMMISSION.
ARRESTS.
TRESPASS.
1. In order for information obtained from an alleged violator of conservation rules during "custodial interrogation" to be used against that person to support a conviction, the accused must first be informed of his Fifth Amendment rights in accordance with the guidelines set forth by the United States Supreme Court in the Miranda case. 2. A conservation agent acting in the performance of his duties will not be guilty of trespass by reason of his entering the lands of private persons; an agent is "within the performance of his duties" in entering the lands of private persons only if he has reason to suspect violation of fish and game laws. 3. A person accused of a game violation is not necessarily entitled to a written summons or complaint at that immediate time. 4. A person is not required to produce identification other than the production of a fishing or hunting license to an agent of the Conservation Commission.
50-70Mar 19WITHDRAWN
51-70Aug 18TAXATION (INHERITANCE).In the situation where a life estate is given to A with a vested remainder in. B if B survives A but if not a contingent remainder in C, and if the tax rate is the same for B and C, then inheritance tax under Chapter 145, RSMo, should be taxed as a life estate against A and the remainder against B.
52-70Mar 1INSURANCE.
MUTUAL INSURANCE COMPANIES.
It is the opinion of this office that county mutual insurance companies that have elected to accept the provisions of Sections 380.580 to 380.840, RSMo 1959 are subject to the provisions of Sections 379.810 to 379.880 V.A.M.S. and that town mutual insurance companies under 380.280 to 380.470 RSMo 1959 and farmers mutual insurance companies organized or operating under Sections 380.580 to 380.840, RSMo 1959, are not subject to and cannot become subject to Sections 379.810 to 379.880 V.A.M.S.
55-70Mar 24SCHOOLS.
SCHOOL FUNDS.
A six-director school district in SCHOOL FUNDS: Missouri is not authorized to pledge net revenues received as tuition from persons attending a vocational school operated by the school district as security for the payment of the principal and interest on revenue bonds issued by the district pur¬suant to Section 164.231, RSMo Supp. 1967, as amended, to finance the cost of constructing a dormitory to be used to house persons attending such vocational school.
56-70Feb 4STATE COLLEGES.
SCHOOLS.
There is nothing in the Missouri Constitution or statutes or the United States Constitution prohibiting the placing of student teachers in parochial or private schools as part of the student teaching programs at Northeast Missouri State College.
57-70Mar 24WITHDRAWN
58-70Mar 17
59-70Mar 17TEACHERS.
JUNIOR COLLEGES.
SCHOOLS.
Junior colleges organized pursuant to the provisions of Section 178.770 to 178.890, RSMo 1967 Supp., are not subject to the provisions of the Teacher Tenure. Act, Sections 168.102 to 168.130 V.A.M.S.
62-70Oct 15WITHDRAWN
63-70Sep 30ESCHEAT.
INSURANCE.
There are no laws of Missouri requiring escheat of funds held by insurance companies currently doing business.
64-70Mar 2REVENUE BONDS.
CITIES, TOWNS & VILLAGES.
SEWERS.
The municipality of Oak View has the authority to conduct a bond election for the issuance of revenue bonds to extend and improve a sewerage system. The municipality may impose user charges on those persons connected with the system, and need not tax vacant land within the city for the support of the sewerage system.
65-70Jun 11COUNTY ASSESSORS.
COUNTY CLERKS.
SOCIAL SECURITY.
TOWNSHIP COLLECTORS.
For purposes of the Social Security Act: 1. County clerks and county assessors are employees of the counties and township collectors are employees of the townships wherein they were elected to office. They are not "joint employees" of several political entities. 2. A township collector is an official of the township. 3. Fees derived by a township collector from collecting school taxes do not constitute "wages"; therefore, a township is not responsible for reporting and paying the employer's share of the Social Security Tax thereon.
66-70Mar 13WITHDRAWN
67-70Apr 3TAXATION:(EXEMPTIONS)In a situation where a private in dividual conveys a, parcel of real estate to the University of Missouri by deed of gift, reserving a life estate in himself which is thereafter leased to the University, the life estate is exempt from taxation only if put to the exclusive use of the University for school purposes and only if the lease does not provide for other than nominal rent payments to the lessor; if not found to be exempt, only the life estate in the hands of the grantor is subject to taxation and tax sale.
68-70Jan 9MOTOR VEHICLE.
CRIMINAL LAW.
A motor vehicle operator who fails to stop on signal of a member of the State Highway Patrol, or otherwise willfully fails or refuses to obey any reasonable signal or direction given in the direction of traffic has committed a moving violation and should have two points assessed against his driving record by the Director of Revenue.
69-70Feb 24WITHDRAWN
70-70Jan 19
72-70Mar 3SCHOOLS.
STATE AID.
1. Pursuant to subparagraph 9 of Section 163.031, V.A.M.S., a school district must spend for teachers' salaries in the year in which the money is received at least eighty percent of all state school funds received pursuant to Section 163. 031 unless exempted from such requirement by the State Board of Education. 2. Pursuant to Section 163.061, RSMo Supp. 1967, a school district must place at least eighty percent of all state school moneys received under Sections 1, 2 and 3 of Section 163.031 in the teachers' fund and the balance, if any, in the incidental fund. 3. The only restriction placed by subparagraph 9 of Section 163.031 on a school board's discretion in setting a levy under Section 164.0ll is that the district must spend on teachers' salaries in the current year as much of the revenue produced by local tax levies as was spent for that purpose in the previous year. 4. The State Board of Education is responsible for the enforcement of subparagraph 9 of Section 163.031.
73-70Jan 9TAXATION.
COUNTY COLLECTOR.
1. A county collector is required to issue a receipt for taxes paid under protest as provided for in Section 139.031, Senate Bill 39, 75th General Assembly, which receipt shall state that the tax is paid under protest; 2. When a tax is paid under protest as provided in Section 139.031, on or before the due date thereof, no penalties can be assessed or collected even though the time for filing suit for recovery of the protested tax does not expire until after the end of the calendar year in which the tax was paid.
75-70Jan 12
76-70Mar 2BONDS.
SCHOOLS.
CITIES, TOWNS & VILLAGES.
INTEREST.
1. House Bill No. 2 invalidates contracts entered into prior to the effective date of said bill which call for the private sale of bonds by a school district in which the interest rate will exceed six percent where such bonds had not been issued as of the effective date of said bill. 2. A contract entered into prior to the effective date of House Bill No. 2 between a city and a private party calling for the sale of bonds with an interest rate of six percent or less, subject to an escalation in the event of a rise in the Dow-Jones Bond Index or a similar national bond yield index, is invalid when the effect of the escalation clause would result in the issuance of bonds at private sale with an interest rate in excess of six percent subsequent to the effective date of House Bill No. 2. 3. "Reasonable notice," as the term is used in House Bill No. 2, constitutes that notice which is reasonably calculated to inform the general public that bonds with interest rates in excess of six percent are to be offered at public sale.
77-70May 27
78-70Apr 6LIQUOR.
INTOXICATING LIQUOR.
1. Senate Bill No. 37, 75th General Assembly, does not apply to sales of 3.2% non-intoxicating beer. 2. Senate Bill No. 37 does not permit persons under the age of twenty-one years working in drug stores or grocery stores of the type mentioned therein to stock shelves, arrange displays, provide carry out service, or perform other tasks necessary to the. exposure of intoxicating liquor for sale as such activities involve the sale or assisting in the sale or dispensing of intoxicating liquor but authorizes persons eighteen or over to accept payment for intoxicating liquor.
79-70Sep 30PRISONERS.
SHERIFFS.
CRIMINAL PROCEDURE.
CONVICTS.
The sheriff of the county in which an untried indictment or information is pending against a prisoner has the duty to transport the prisoner and is to be compensated pursuant to the provisions of Section 57.290, RSMo 1969. Because of the enactment of Section 222.120, RSMo 1969, Attorney General Opinion No. 15, issued to the Honorable James D. Carter, March 23, 1956, is hereby withdrawn.
80-70Aug 7CRIMINAL PROCEDURE.
BONDS.
BAIL.
Section 56.310, RSMo 1969, which provides that a prosecuting attorney is entitled to receive ten percent of all sums collected if not more than five hundred dollars and five percent of all sums over five hundred dollars, to be paid out of the amount collected, on recognizances given to the state in criminal cases and which are or may become forfeited, applies to bail bonds as well as recognizances.
82-70Sep 2SCHOOLS.
CONSTITUTIONAL LAW.
A school district is authorized to allow the use of school premises by church or religious organizations for religious purposes during times when the use for school purposes is not required provided that a fair and adequate consideration is received for such use.
83-70Jan 1POLITICAL COMMITTEES.
PARTY COMMITTEES.
The county chairman and vice-chairman of counties containing territory in more than one congressional district are not by virtue of holding such offices members of a congressional committee.' It is the further opinion of this office that the town¬ship and ward committeemen and committeewomen of townships and wards which contain territory in more than one congressional district are, by virtue of such offices, members of the congressional district committee of each district which contains any part of such a ward or township.
84-70Mar 6
85-70Feb 16CONSTITUTIONAL LAW.
GENERAL ASSEMBLY.
(1) Senate Substitute for House Joint Resolution No. 4 was passed in the form such resolution was signed by the presiding officer of each House and filed with the Secretary of State; (2) the General Assembly may reconsider and redraft a resolution already passed by the General Assembly and referred to the people before the election is held.
86-70May 6WITHDRAWN
87-70Jan 9WITHDRAWN
88-70Jan 19CIRCUIT CLERKS.
COMPENSATION AND FEES.
RECORDER OF DEEDS.
COURTS.
With respect to House Bill No. 119 of the 75th General Assembly. (Section 50.334, V.A.M.S.), circuit clerks coming within the total compensation provisions of said bill are no longer authorized to retain the ten cents out of each bar enrollment fee allowed under Supreme Court Rule 6.0k, and that circuit clerks and recorders covered by such section are not entitled to charge the fees provided for transcribing books or records belonging to the office of the recorder of deeds under Section 59.600, RSMo 1959.
89-70Jul 16SCHOOLS.
JUNIOR COLLEGES.
ASSESSMENTS.
If a junior college district includes parts of more than one county and the State Tax Commission increases by more than ten percent the assessed valuation of only one county in the district, the district must revise its tax rate pursuant to the requirements of Section 137.073, RSMo 1959. Such a junior college district should revise its rate of levy to the extent necessary to produce from all taxable property in the district substantially the same amount of taxes as had been previously estimated to be produced by the original tax rate.
90-70Jan 12TAXATION.An endorsement written on the back of a check presented in payment of tangible property taxes expressly stating that payment is being made under protest and citing an appropriate statute which clearly sets forth the grounds for protest, is a sufficient payment under protest to require impounding of the taxes so protested under Senate Bill No. 39, 75th General Assembly.
92-70Feb 11CITIES, TOWNS,
AND VILLAGES.
OFFICERS.
There is no constitutional or statutory provision disqualifying a person from running for the position of Alderman of the City of St. Louis because he is employed as an assistant principal in the School District of the City of St. Louis.
93-70Feb 20PROSECUTING ATTORNEY.Prosecuting attorney of second class county has authority and duty to appear on behalf of county officers, employees and board members who are sued in an action testing county's authority.
94-70Feb 18WITHDRAWN
95-70Jan 9MOTOR VEHICLES.
LICENSES.
MOTOR VEHICLE LICENSES.
The Directon,of Revenue, as a result of the enactment of Senate Bill No. 242 by the 75th General Assembly amending Section 301.137, RSMo, cannot issue a special series of license plates for persons who have amateur radio operators' licenses.
96-70Feb 2CONSTITUTIONAL LAW.
STATUTES.
GENERAL ASSEMBLY.
1. A legislator, removed from his position as a result of an ouster suit wherein he is declared to have lacked the qualifications required for election, is a de facto officer when he holds office by some color of right or title. 2. It is well established in Missouri jurisprudence that the acts of a de facto officer are valid and effectual when they concern the rights of the public, until the officer's title is judged insufficient. Therefore, those measures that were approved by a bare constitutional majority with the ousted legislator a member of the majority, in the last session of the General Assembly, are valid.
97-70Feb 10TAXATION.It is mandatory for a taxpayer to file suit to compel refund of taxes paid under protest in accordance with the provisions of Sections 1, 2 and 3 of Senate Bill No. 39, 75th General Assembly, (Section 39.031,V.A.M.S.) and the county court is not empowered to take administrative action authorizing the collector to refund such taxes. Section L. of Senate Bill No. 39 authorizes refund by the collector of any real or tangible personal property tax mistakenly or erroneously paid.
99-70Jan 16
100-70Mar 30INSURANCE.A life insurance company is in violation of Section 375.936, House Bill No. 84, Seventy-fifth General Assembly, if it issues a policy which excludes benefits payable to chiropractors.
101-70Apr 2
103-70Jan 22
104-70Mar 26WITHDRAWN
106-70Feb 24
107-70Jan 9USURY.Loans governed by Missouri usury statutes may not exceed eight per cent interest, even though FHA and VA permit maximum rate of eight and one-half per cent.
108-70Jan 9SHERIFFS.
COMPENSATION.
FEES, COMPENSATION
AND SALARIES.
The provisions of Senate Bill No. 165 of the 75th General Assembly (Sections 57.407 and 57.409, V.A.M.S.) providing that sheriffs of the third and fourth class counties must pay all fees collected by him in civil matters and which were previously retainable by him into the county treasury apply to commissions earned and received by said sheriffs pursuant to the provisions of Section 57.280 and Section 528.610, RSMo 1959, relating respectively to receiving and paying moneys on executions and to sale of real estate for partition purposes, and such commissions must be paid into the county treasury by such officers.
109-70Jan 9SHERIFFS.
DEPUTY SHERIFFS.
Under the provisions of Section 1 of House Bill No. 2624 of the 75th General Assembly (Section 57.295, V.A.M.S.) relating to uniform allowances of $25 per month for sheriffs and full-time deputy sheriffs who wear an official uniform in the performance of their duties, the county court has the discretion to determine whether or not such allowances shall be made to such officers and may make such allowances for such periods as the county court deems proper. However, the county court does not have the authority to vary the amount of the monthly allowances from that fixed by the act, nor to provide the allowance for one such officer to the exclusion of the other such officers.
110-70Jan 12STATE TREASURER.
DIRECTOR OF REVENUE.
SALES TAX.
TAXATION (SALES TAX).
The legislature may not impose the duties set forth in the City Sales Tax Act upon the State Treasurer, but that the portion of the act imposing these duties can be severed from the balance of the act.
112-70Mar 9COUNTY ASSESSOR.A person holding the office of county assessor when payments are due under Section 53.143 Mo. Supp. 1967 is entitled to such payments.
113-70Jun 15COUNTY COLLECTOR.
TAXATION.
1. A county collector of a third class county in his discretion may deposit tax money paid under protest and impounded pursuant to Senate Bill No. 39, 75th General Assembly, in interest-bearing time deposit accounts. 2. The interest earned on deposits of taxes paid under protest shall be paid to the person who is found to be entitled to the impounded money.
114-70Jan 29PUBLIC RECORDS.Records required by law to be kept by public officials in this state, unless otherwise provided by law, are subject to inspection by any citizen of Missouri under reasonable rules and conditions imposed by the legal custodian of such records and whether the conditions or regulations imposed are reasonable depends upon the conditions and rules imposed in each individual case.
115-70Jul 9WITHDRAWN
116-70Feb 16DRAINAGE DISTRICTS.Drainage districts organized by the county court may construct new ditches.
118-70Feb 25
119-70Mar 18CITIES, TOWNS AND VILLAGES.
TAXATION (CITIES).
A simple majority vote constitutes authorization for a 20 cents tax levy for park purposes in a fourth class city, under 30,000 population, under the provisions of Section 90.500, RSMo Supp. 1967, assuming, of course, that the 20 cents tax levy when combined with the general municipal tax levy does not exceed the constitutional limit of $1 required by Article X, Section 11(b), Constitution of Missouri.
120-70Feb 17
121-70May 26SCHOOLS.
COUNTIES.
(1) When real estate belonging to the county and township school funds is liquidated pursuant to Article IX, Section 7 of the Constitution the oil, gas and mineral rights in such real estate must also be liquidated and may not be reserved to the county. (2) The proceeds derived from the sale of such real estate together with those derived from the sale of the oil, gas and mineral rights shall be credited to the county school fund.
123-70Mar 23
124-70Mar 4
125-70Mar 10
126-70Jul 21SCHOOLS.
STATE AID.
Where the assessment of property in a school district is reduced by the State Tax Commission to a point where the district's levy is not sufficient to qualify it for the additional state aid for tax effort provided in Section 163.031(1), V.A.M.S. Senate Bill Nos. 1, 185 and 215, Seventy-fifth General Assembly, and the district does not increase its tax rate before the year ends, the district can do nothing thereafter to qualify for the additional state aid for tax effort provided in Section 163.031(1).
129-70May 7
132-70Feb 3
133-70Mar 6PROFESSIONAL CORPORATION.
CORPORATION.
PODIATRISTS.
The General Business and Corporation Law of Missouri, which permits corporations to be organized.for any lawful purpose, does not authorize the organization of a corporation to engage in the practice of chiropody-podiatry where a statute regulating such practice contemplates only the licensing of individuals.
134-70Jan 22
135-70Apr 2
136-70Feb 3SHERIFFS.
COMPENSATION AND FEES.
With respect to Paragraph 3 of Section 57.407 and Paragraph 3 of Section 57.409, V.A.M.S. (Senate Bill No. 165, 75th General Assembly), which require that the sheriffs of third and fourth class counties pay fees collected by them in civil matters into the county treasury, except the charges for each mile travelled, that such sheriffs are not to collect charges for services where such charges are payable out of the county treasury.
138-70Mar 18TAXATION (SALES AND USE).
MOTOR VEHICLES.
The trade-in allowance in Section 144.025, RSMo Supp. 1967, does not apply to any article, including an automobile on which a sales or use tax has not been paid to Missouri. Therefore, sales tax is due on the full purchase price,of a new automobile purchased in Missouri when an automobile registered, purchased and driven for 90 days in good faith in another state is used as a trade-in.
140-70Jan 28
141-70Mar 15JUVENILE OFFICERS.
PROSECUTING ATTORNEYS.
SHERIFFS.
Prosecuting attorneys and sheriffs or other law enforcement officers occupy positions that are incompatible with and in conflict with the position of the juvenile officer under the Juvenile Act, and therefore, such officers may not serve as juvenile officers or deputy juvenile officers.
142-70Mar 18
143-70Apr 1MOTOR VEHICLES.
LICENSES.
When the Director of Revenue receives notice of forfeiture of collateral under Section 302.302, RSMo Supp. 1967, he must assess the appropriate points. If notice is received that the forfeiture has been set aside or vacated, the assessment of points based on that forfeiture of collateral is a nullity and all records should be adjusted accordingly. If after setting aside the forfeiture of collateral there is a conviction of the offense, the Director must, upon receipt of notice of such conviction, assess points and take whatever additional action that is called for by the assessment of such points.
145-70Mar 20CIRCUIT CLERKS.The Clerk of the Circuit Court of the City of St. Louis does not have discretionary authority to invest funds deposited in the registry of the court in United States Treasury Notes under Section 483.310, RSMo 1959.
147-70Feb 3
148-70Oct 5POLITICAL SUBDIVISIONS.
SAVINGS AND LOAN.
COUNTIES.
CITIES, TOWNS AND VILLAGES.
Section 369.325, RSMo 1969, does not violate Article VI, Section 23 of the Missouri Constitution of 1945, and that any municipality or political subdivision of the State of Missouri may legally invest its funds in a savings and loan association pursuant to those conditions set out in paragraph 1 of Section 369.325, RSMo 1969.
149-70Apr 9SCHOOLS.
CONTRACTS.
SCHOOL CONTRACTS.
1. The superintendent's contract was automatically renewed for the 1969-1970 school year pursuant to Section 168.111, RSMo 1967 Supp. 2. The resolution of the school board in April 1969 to extend the superintendent's contract for the 1970-1971 school year did not result in a valid employment contract for the school year 1970-1971. 3. The School Board may refuse to renew the superintendent's contract for the school year 1970-1971 in the manner provided by Section 168.111, RSMo 1967 Supp. 4. The extent to which the school board can direct control and specify the duties of the superintendent depends on the terms of the superintendent's contract and on the provisions of Section 168.121, RSMo 1967 Supp. pertaining to the construction of such contracts.
150-70Oct 2
152-70Jul 10ROADS AND BRIDGES.A county which acquires a road less than 30 feet wide by prescription pursuant to Section 228.190, RSMo Supp. 1967, cannot take private land from adjoining landowners in order to widen said road without instituting proceedings in the Circuit Court.
153-70Apr 1ELECTIONS.
POLITICAL PARTIES.
PRIMARY ELECTIONS.
CANDIDATES.
A new political party which received more than two percent of the vote cast in the last general election (November 5, 1968) for its statewide candidate is an "established political party" and entitled to participate in the August 1970 primary elections in the state and its political subdivisions.
155-70Mar 20COUNTY TREASURER AND
COLLECTOR.
TOWNSHIP ORGANIZATION.
It is the duty of the county treasurer, ex officio collector, in a county of township organization, to collect delinquent personal property taxes under Section 140.730, RSMo 1959.
157-70Feb 9
158-70Mar 27
160-70Mar 2WITHDRAWN
161-70Mar 4ELECTIONS.
COUNTY CLERK.
1. The county clerk or board of election commissioners shall designate the polling places which will be used for all elections, including school elections, taking place on April 7, 1970. 2. The school board has no power to require that only one of the polling places in the school district designated pursuant to requirements of Section 111.111 will be used for voting on school issues. 3. The county clerk or board of election commissioners shall designate the judges and clerks in each polling place. 4. The judges and clerks designated by the county clerk or board of election commissioners pursuant to paragraph 2 of Section 111.111 shall conduct the election of April 7, 1970 for all subdivisions involved. 5. The school district has no power to designate polling places in the rural areas of the school districts in addition to those designated pursuant to paragraph 1 of Section 111.111.
162-70Feb 9
163-70Mar 18TAXATION (CITIES, TOWNS & VILLAGES).
TAXATION (SALES).
It is the opinion of this office, that the sales tax returns made to the state director of revenue for city sales taxes are confidential and not open to public inspection.
164-70Mar 17
167-70Mar 25
168-70Jul 31WITHDRAWN
169-70Oct 1RETIREMENT SYSTEM.
PENSIONS.
STATE EMPLOYEES RETIREMENT SYSTEM.
The Missouri State Employees' Retirement System is not compelled to comply with the provisions of a power of attorney executed by one of its members to a credit union or any other lending institution for the purpose of securing a loan made by said member and should not accept the tender of the instrument by a member or the lending institution.
170-70Nov 18
171-70Feb 10ELECTIONS.
SPECIAL ELECTIONS.
It is the opinion of this office that all township and ward committeemen and committeewomen in Perry and Ste. Genevieve Counties are members of the legislative district committee of the 154th legislative district. Such party legislative district committees have authority to make nominations of candidates to run under a party designation at a special election to fill a vacancy in the office of representative from such district caused by the death of the incumbent. Nominations of candidates at such election may also be made by nominating petitions of electors.
174-70Sep 15SHERIFFS.
CRIMINAL COSTS.
FEES, COMPENSATION AND SALARIES.
A sheriff's fees computed in accordance with Section 57.290, RSMo 1969, incurred when he apprehends a person, charged with the criminal offense of breaking jail after conviction, and transports that person from the county of his apprehension to that in which the offense was committed, even though such offense be for breaking jail after conviction, are properly included in those costs which may be taxed against the State pursuant to the provisions of Section 550.020, RSMo 1969.
176-70Mar 6
177-70Oct 27STATE EMPLOYEES.
WORKMEN'S COMPENSATION.
A state employee is entitled to elect to receive accrued sick leave pay due him under proper regulations during a period of absence from work for which the employee is otherwise eligible for Workmen's Compensation (Section 287.100, RSMo). For the period such sick leave pay is received, Workmen's Compensation is not due the employee but is due thereafter to the extent that the period of entitlement to Workmen's Compensation exceeds the period for which sick leave pay has been received by the employee. Sick leave pay of a state employee is not to be deducted from Workmen's Compensation due after such sick leave period. If the regulations pertaining to the employee provide that sick leave is not granted for a period of absence attributable to an injury covered by the Workmen's Compensation Law, the employee has no right to elect to receive accrued sick leave pay for such a period of absence. A state employee entitled to elect to receive accrued sick leave during a period of absence in preference to Workmen's Compensation is entitled to receive the medical benefits provided for by Section 287.140, RSMo, during such period.
178-70Feb 16
179-70Mar 27
181-70May 18WITHDRAWN
184-70Mar 27
186-70Mar 6
187-70May 13WITHDRAWN
188-70Jul 28TAXATION (CITY SALES TAX).
CITY.
If a sale is made by a retail merchant whose place of business is within the city limits of a city having a city sales tax, and the purchaser takes possession within the State of Missouri, then the city sales tax applies. The manner by which an order is received by a seller is irrelevant for the purposes of the city sales tax, so long as the goods are delivered within the State of Missouri. The sale is deemed to be consummated at the place of business of the seller, and this place of business is the tax situs irrespective of the method of delivery.
189-70Apr 7CITIES, TOWNS & VILLAGES.
ZONING.
PLANNING & ZONING.
An interim or temporary ordinance enacted by a fourth class city providing that all territory annexed to the city shall be automatically classified in the single family dwelling district until otherwise classified by ordinance, is a valid exercise of police power.
190-70Mar 19CITIES, TOWNS & VILLAGES.
STATE AUDITOR.
PETITIONS.
The state auditor should not make an audit of a city in which a petition has been presented to him under the provisions of Section 29.230, RSMo Supp. 1967, such petition purportedly containing enough signatures to authorize him to make an audit of such city, when he also receives sworn statements from individuals who allegedly signed the original petition stating under oath that they did not sign such petition, such withdrawn signatures being of sufficient number to reduce the signatures below the number necessary to authorize the state auditor to make such audit.
192-70Apr 3ELECTIONS.1. A county clerk, pursuant to Section 111.111, Senate Bill No. 134, 75th General Assembly, need not designate a polling place in each ward of a 4th class city but must designate a polling place in each precinct or election district in a 4th class city. 2. If a precinct or election district includes part of a school district lying within a city and part outside of the city, a county clerk may designate one polling place in the city within the precinct or election district. 3. The location of a polling place within a precinct or election district is within the discretion of the county clerk. 4. A county clerk pursuant to Section 111.111 is not required to establish a polling place in Ward 1 or Ward 2 of Forsyth but is required to designate a polling place in each precinct or election district in Forsyth. Whether it is necessary to establish another polling place for people living outside of Forsyth but in the Forsyth school district depends on whether these people live in the same precincts and election districts located in Forsyth.
194-70May 19WORKMEN'S COMPENSATION.No clerical employee of the Division of Workmen's Compensation can be paid more than four hundred fifty dollars ($450.00) per month. There can be no class of employees in the Division of Workmen's Compensation with any salary rate between four hundred fifty dollars ($450.00) and eight hundred dollars ($800.00) per month.
195-70Mar 4ELECTIONS.
SCHOOL ELECTIONS.
1. In the election on April 7, 1970,the school board of a six director school district located in Jackson County, Missouri must conduct its election at the polling places which the Jackson County Board of Election Commissioners designate, pursuant to paragraph 1 of Section 111.111 V.A.M.S. (1969-70 Supp.), for voting on school issues. 2. A six director school district located in Jackson County, Missouri must conduct its election at each and every polling place designated by the Jackson County Board of Election Commissioners, pursuant to Section 111.111 V.A.M.S. (1969-70 Supp.), for voting on school issues.
196-70Mar 6DEPARTMENT OF PUBLIC HEALTH AND WELFARE.
DIVISION OF WELFARE.
COOPERATIVE AGREEMENTS.
The Division of Welfare has the authority to enter into agreements with Model City agencies to provide various types of services for low income residents, and that the recipients of such services may include such persons who have been or who are likely to become applicants for or recipients of such aid as well as those presently receiving welfare assistance.
197-70Apr 15TOWNSHIPS.
OFFICERS.
1. A vacancy in the office of township trustee being also a vacancy in the board of directors of the township, is to be filled by the county court. Both the township clerk and the county clerk have authority to administer the oath of office to the newly appointed township trustee. 2. A vacancy in the office of township assessor is to be filled by action of the township board. The oath of office of such assessor may be administered by any officer having authority to administer oaths, other than the township clerk who is ex officio the township assessor.
198-70Jun 11ELECTIONS.
REGISTRATION.
County registration under Chapter 114, RSMo, does apply to and should be used in a statewide special election even though other political subdivisions are holding elections at the same time thereby making the provisions of Section 111.111, Senate Bill No. 134, 75th General Assembly, applicable. However, Section 162.361, Senate Bill No. 136, 75th General Assembly, determines the extent to which county registration is applicable to school elections held in a third class county when the school elections are conducted jointly with a statewide special election pursuant to Section 111.111.
199-70May 12ELECTIONS.
SPECIAL ELECTIONS.
SCHOOL ELECTIONS.
1. The county clerk is not required by Section 111.111, Senate Bill No. 134 of the 75th General Assembly, V.A.M.S.,(1969-70 Supp.) to designate one polling place in each of the two wards in Crane, Missouri. The residents of the City of Crane who reside in the Crane School District will vote on all propositions on which they are entitled to vote on April 7, 1970, including school issues, at the polling place or places designated by the county clerk pursuant to Section 111.111. 2. Pursuant to paragraph 2 of Section 111.111, the county clerk designates the election judges and election clerks to conduct the election on April 7, 1970, at each polling place designated by the clerk pursuant to paragraph 1 of Section 111.111. The reference to the city clerk in Section 79.030, RSMo 1959, does not apply to the election to be held on April 7, 1970. Four election judges and two election clerks, or under certain circumstances, six judges and four clerks shall be appointed for each precinct pursuant to Sections 111.181 and 111.231, Senate Bill No. 134 of the 75th General Assembly, V.A.M.S. (1969-70 Supp). 3. There is no authority for the county clerk to furnish ballots for school elections or ballots for city elections in fourth class cities.
200-70Mar 9USURY.Direct loans by Veterans Administration are not subject to Missouri usury statutes.
202-70May 20CORPORATIONS.
FEES.
CONSTITUTIONAL LAW.
1. In accordance with subsection 5 of Section 351.585, RSMo Supp. 1967, a foreign corporation seeking to do business in Missouri can be required to pay a qualification fee to Missouri on the value of all its property to be used in this state when the authorized par value capital of the corporation is less than the value of its property in this state. 2. Subsection 5 of Section 351.585, RSMo Supp. 1967, does not place a burden on interstate commerce which violates Article I, Section 8 of the United States Constitution.
204-70Mar 4
205-70Mar 17HOUSING AUTHORITIES.
CITIES, TOWNS AND VILLAGES.
Sections 99.010 to 99.230 of the Revised Statutes of Missouri, "The Housing Authorities Law", authorizes cities to determine and declare the need for a housing authority upon a finding that insanitary or unsafe inhabited dwelling accommodations exist in such city or that there is a shortage of safe or sanitary dwelling accommodations in such city available to persons of low income at rentals they can afford. The cities have no authority to declare a need for a limited housing authority under the provisions of the Housing Authorities Law.
206-70Mar 19
207-70May 15BANKS.
BRANCH BANKS.
TRUST COMPANIES.
The establishment of an office by a bank and trust company separate and apart from its main banking facility at which its trust officers are available to the public constitutes the establishment of a branch and the establishment of such a branch is not permitted under Section 362.105.
209-70Apr 2SCHOOLS.
STATE AID.
General Assemblies meeting subsequent to the regular session of the Seventy Fifth General Assembly are not required to make any of the appropriations stated in Sections 149.010, 149.020, 149.030, 163.031, 163.036 and 163.161 enacted by the Seventy Fifth General Assembly and referred to as the School Foundation Law prior to making any appropriations for purposes lower in priority than the support of public schools as listed in Section 36, Article III, Missouri Constitution. The General Assembly must still comply, however, with Section 3(b), Article IX of the Missouri Constitution requiring that at least twenty-five percent of the state revenue be appropriated annually for the support of the free public schools.
210-70Jun 2SCHOOL ELECTIONS.
ELECTIONS.
BALLOTS.
REGISTRATION.
1. When school elections are held in conjunction with any general, primary or special election pursuant to the requirements of Section 111.111, Senate Bill No. 134, 75th General Assembly, the procedure for handling voted ballots, poll-books and tally sheets after the polls have closed is set forth in Sections 111.531, 111.551, 111.561, 111.571, 111.581 and 111.591, V.A.M.S., Senate Bill No. 134, 75th General Assembly. 2. Pursuant to the requirements of Section 162.361, Senate Bill No. 136, 75th General Assembly, all school elections conducted in school districts containing a city having not less than 10,000 or more than 50,000 inhabitants should be conducted in such city in accordance with the laws regulating the registration of voters within such city. Qualified voters of such a school district residing outside the corporate limits of the city shall sign an affidavit as to their residency within the school district as required by Section 162.361.
211-70May 6SCHOOLS.
TEACHERS.
The $34,000 in additional school moneys, which the Macon School District R-I estimates it will receive from the state, may not be legally paid by the district to and among all teachers already under contract with the district for the 1969¬1970 school year.
212-70Apr 21AGRICULTURE.
RULES AND REGULATIONS.
Pursuant to Section 196.886(1), RSMo 1959, no person, firm, association or corporation shall manufacture and sell ice cream and related frozen food products in containers unless each container shall bear the name of the manufacturer on the body or lid of such container, and that the Department of Agriculture is not authorized to promulgate a regulation which would allow a code number or other technical symbol to be placed on the container instead of the name of the manufacturer.
213-70May 7RELIGION.
MERIT SYSTEM.
MENTAL HEALTH.
The Division of Mental Health may employ persons who have education or experience in Divinity and Theology regardless of whether or not they are ordained ministers to act as pastoral counselors under the supervision; of and as required by licensed physicians and so long as such persons do not espouse a religion or perform sacerdotal functions in their employment there is no violation of the provisions of the Missouri Constitution which prohibit support of any priest, preacher, minister or teacher as such. Such counselors as employees of the Division of Mental Health and under the Department of Public Health and Welfare are required to be under the classified merit system.
216-70Jul 31
217-70May 1CIRCUIT CLERKS.Pursuant to the provisions of Section 55.220, RSMo 1959, the circuit clerk in second class counties is required to file with the county auditor a monthly statement showing all moneys and fees received by him by virtue of his office and all sums paid by him, to whom paid and for what purpose regardless of the source of such funds or of the persons entitled to receive payment.
219-70Jul 10WITHDRAWN
220-70Jun 12WITHDRAWN
221-70Jun 16SHERIFFS.
COMPENSATION.
Sections 57.407 and 57.409, V.A.M.S., S.B. No. 165, 75th General Assembly, require that sheriffs of third and fourth class counties pay all fees collected by them after October 13, 1969, in civil matters into the county treasury regardless of whether such fees were for services by them or their predecessors in office prior to such date.
222-70Sep 28MERIT SYSTEM.With respect to establishment of cafeterias and charging for meals to employees in institutions under the merit system, that the Personnel Division has no authority to establish charges for such meals but that the appointing authorities do have the authority to determine whether meals will be furnished to employees and to determine the charge for such meals which is to be, with some exceptions, related to the actual cost of such meals to the state.
223-70Mar 26CORPORATIONS NOT-FOR-PROFIT.
USURY.
Corporations organized under Chapters 352, RSMo (pro-forma decree) and 355, RSMo (general not-for-profit) can not interpose defense of usury, nor can they sue for and recover allegedly usurious interest under Section 408.050, RSMo 1959.
225-70Jul 20SCHOOLS.
ELECTIONS.
A six-director school district may accept money donated to the district by a dealer in bonds for the purpose of defraying the cost of an election on the question of whether the district should incur bonded debt.
226-70Jul 1RECORDER OF DEEDS.
REAL ESTATE.
The term "any instrument conveying real property or any interest therein" as used in Senate Bill No. 22, 75th General Assembly, refers to any instrument or document that passes from one party to another any legal or equitable interest in real property, whether such instrument or document be a Deed, Will or other instrument, and that such language is broad enough to cover those forms and orders of the Probate Court such as Orders of Distribution and Orders Approving Wills and Orders of the Circuit Court which do in fact convey or pass any interest in real estate.
229-70Apr 24WITHDRAWN
230-70Sep 15MOTOR VEHICLES.
DRIVERS' LICENSES.
1. A person operating construction equipment (not a road machine or an implement of husbandry) on a public highway is required to have a license as an operator under Chapter 302, RSMo 1969, but is not required to have a chauffeur's license. 2. A person must be sixteen years of age before he can be licensed under Chapter 302 as an operator of such construction equipment on the public highways.
231-70Mar 17
232-70Apr 21COUNTIES.
COUNTY COURTS.
NEWSPAPERS.
A county of the third class in which there is more than one qualified newspaper is not required to award the printing of the county financial statement on competitive bids.
233-70Jul 1PUBLIC FUNDS.
MAGISTRATE CLERK.
DEPUTY MAGISTRATE CLERK.
A deputy magistrate clerk of a third class county who loses public funds in his possession is primarily liable for the loss. In the event of his default in payment his surety is liable for said loss. Liability for the loss of the public funds also lies with the magistrate clerk and his surety.
234-70Mar 23
251-70Mar 25
252-70Jul 1WITHDRAWN
254-70Oct 6PLANNING & ZONING.
COUNTY PLANNING & ZONING.
The Cass County Planning Commission may not impose regulations or require permits with respect to lands used or to be used for the raising of crops which may include grassland. This restriction is applicable with respect to land used or to be used for the enumerated purposes and. does not extend to land devoted to other uses although owned by the same landowner. The county court may not require permits on the construction or alteration of farm buildings or farm structures. In determining whether to regulate the construction or alteration of a particular building or structure, the use of the building or residence as a farm building or farm structure must be determined by examining the relationship of the building to the farming activities.
255-70Jun 29WITHDRAWN
257-70Jun 1PATHOLOGY.
PHYSICIANS AND SURGEONS.
DOCTORS.
Pathology is a branch of the practice of medicine within the provisions of and a profession under the jurisdiction of the State Board of Registration for the Healing Arts, and that an individual must be licensed by the Board before he can lawfully practice pathology. The prosecuting and circuit attorneys have the responsibility for criminal prosecutions arising out of violations of said chapter.
259-70May 11
260-70Oct 6COUNTIES.
COUNTY COURT.
COUNTY FUNDS.
ROADS AND BRIDGES.
County road and bridge funds cannot be transferred to the general revenue fund of the county and then used to pay the salary of the different county officials and employees for any services rendered by them.
261-70May 13
262-70Oct 5
265-70May 6WITHDRAWN
266-70May 15
271-70May 8MUNICIPAL HOUSING AUTHORITY.
LAND CLEARANCE FOR REDEVELOPMENT AUTHORITY.
INTEREST.
Municipal housing authorities and land clearance for redevelopment authorities are authorized to agree to pay the "going federal rate of interest" on contracts entered into with the federal government for planning advances and contributions.
273-70Apr 23
276-70May 22CONSTITUTIONAL LAW.
PHYSICIANS & SURGEONS.
The provision of Section 334.031, RSMo 1959 which requires that candidates for licenses as physicians and surgeons in the State of Missouri shall be citizens of the United States is unconstitutional.
277-70Apr 16
278-70Apr 27
279-70Jun 19INTEREST.
STATE TREASURER.
In computing interest with respect to time deposits of state moneys, the State Treasurer should apply with respect to deposits held by the bank for any calendar quarter or portion of a calendar quarter, the formula rate which is applicable for the quarter in which those deposits are held. The applicable formula rate is the rate computed as set forth in the statute which is compiled from data available in the quarter prior to the quarter in which the deposits are held and which formula rate is computed within the quarter in which the deposits are held. If the maximum rate permitted by federal law is less than the formula rate then that figure must necessarily be used.
281-70Jun 13WITHDRAWN
282-70Jul 1PRIVATE WATCHMEN.
POLICE.
ST. LOUIS CITY.
Employees of Brink's, Inc. who act as armed guards within the City of St. Louis, must be licensed by the Board of Police Commissioners of the City of St. Louis.
286-70Jul 10SCHOOLS.The board of education of a school district (except a metropolitan school district which is not included in this opinion) may not enter into a written contract providing for the placing of advertising posters on the interior of school buses.
287-70May 7
288-70Jun 2SOCIAL SECURITY.
COUNTY ASSESSORS.
COUNTY COLLECTORS.
1. The county is liable for payment of the tax on wages paid by the county to its Collector, his deputy and clerical employees, without limitation except as contained in the Social Security Act. Payment by the Collector of wages to deputy and clerical personnel from the amount the Collector is authorized to retain for deputy and clerical hire under Section 52.280, House Bill No. 399, 75th General Assembly, is payment by the.county insofar as social security is concerned. 2. The county is liable for payment of tax on wages paid by the county to clerical and stenographic assistants of a third class county assessor.
291-70Apr 10
292-70Jul 28ELECTIONS.
CITY ELECTIONS.
CITIES, TOWNS VILLAGES.
If the City of Kirksville schedules an election on the same date as a state wide primary election, the provisions of Section 111.111, RSMo 1969 are automatically applicable. Furthermore, the Adair County Court has no power or authority to prevent the City from scheduling an election on the same day as a statewide primary election.
293-70Jun 1CONSTITUTIONAL LAW.
APPROPRIATIONS.
SCHOOLS.
STATE UNIVERSITY.
STATE COLLEGES.
The term "pubic education" as used in Article III, Section 36 of the Missouri Constitution includes within its meaning and refers to appropriations for state colleges, universities, public schools, and junior college districts.
294-70Jul 17
296-70Aug 21COUNTIES.
CITIES, TOWNS, AND VILLAGES.
TAXATION (CITIES TOWNS AND VILLAGES).
COOPERATIVE AGREEMENTS.
The county court of Clay County and a municipality of said county may enter into a contract, under the cooperative agreement statute (Section 70.220, RSMo 1969) whereby the municipality may use the county computer and the tax information stored thereon, for the purpose of mechanically producing a tax statement for each individual taxpayer.
297-70Oct 8WITHDRAWN
298-70Oct 1MOTOR VEHICLES.
LICENSES.
MOTOR VEHICLE LICENSES.
A resident of Missouri who is a partner of a Kansas firm that is a registered motor vehicle dealer in Kansas may operate a motor vehicle owned by the Kansas firm in Missouri using only the Kansas dealership license plates.
300-70Jul 2SCHOOLS.
CITIES, TOWNS AND VILLAGES.
BONDS.
ELECTIONS.
There is no procedure which would authorize setting aside a school levy election because of a shortage of ballots.
301-70Oct 27ELECTIONS.
ELECTION JUDGES.
COMMITTEEMEN AND COMMITTEEWOMEN.
Section 111.171, RSMo 1969, prohibits committeemen and committeewomen from serving as election judges and clerks (1) in any election conducted by a county clerk or a board of election commissioners or (2) in any election in which a countywide proposition is on the ballot or (3) in any election in which candidates for county office are on the ballot.
302-70May 25SCHOOLS.
STATE AID.
APPROPRIATIONS.
COMPTROLLER.
Section 163.081, RSMo 1967 Supp., expresses the intent of the legislature to make three distributions of moneys out of the State Public School Fund and that, under the circumstances set forth in your opinion request, it would not be in substantial compliance with this intent to make a supplementary distribution of state school moneys after the March 15th distribution but before the September 15th distribution.
304-70May 7SHERIFF.
COMPENSATION.
A sheriff appointed trustee to execute a deed of trust pursuant to Section 433.340, RSMo 1959, acts in his official capacity and must pay all fees and compensation collected by reason thereof into the county treasury in counties of the third and fourth class under the provisions of Paragraph 3 of Section 57.407 and Paragraph 3 of Section 57.409, both as amended by House Bill No. 165 of the 75th General Assembly. When a deed of trust provides that in the event the named trustee shall refuse or fail to act, the then sheriff of the county shall execute the trust, the sheriff is not acting officially but in his private capacity, and such compensation as he receives for the services is not required to be paid into the county treasury.
306-70Jul 28ELECTIONS.
ELECTION JUDGES.
ELECTION CLERKS.
COMPENSATION.
Section 111.241, RSMo 1969, applicable to certain election judges and clerks, does not limit the compensation for such judges and clerks to $12.00 per day, but provides that the compensation shall be at least $12.00 per day.
307-70Jun 25TAXATION (EXEMPTIONS).Under Article X, Section 6 of the Constitution and Section 137.100, RSMo Supp. 1967, a building in the course of construction intended to be used for charitable purposes but not so used at the time fixed for assessment of taxes is not exempt from taxation.
308-70Jul 28WITHDRAWNWhen there is a tie vote in a fourth class city for the position of alderman, the matter shall be determined by the board of aldermen pursuant to Section 79.070, RSMo 1969.
311-70Sep 25TAXATION (INTANGIBLE).1. Time charges in excess of the cash sale price under a retail charge agreement or a retail time contract, which establishes a time sale price as defined in Section 408.250, RSMo 1969, do not constitute "yield" within the meaning of the Intangible Personal Property Tax Law. 2. The full time sale price under a retail charge agreement or a retail time contract, including the cash sale price and the time charge as defined in Section 408.250, RSMo 1969, is subject to the Missouri sales tax provided in Chapter 144, RSMo 1969.
312-70Nov 4SCHOOLS.
INSURANCE.
All functions which a school district is authorized to perform are "governmental" functions and the school district is not liable for its negligence while performing those functions. Therefore, a school district may not expend public funds to purchase liability insurance to protect itself from liability resulting from authorized functions of the district such as allowing its swimming pool and auditorium to be used by non-profit organizations, repairing automobiles through a district's Vocational Technical School, and licensing concessionaires at athletic events.
313-70Jun 3AIR POLLUTION.
AIR CONSERVATION.
The Missouri Air Conservation Commission hasthe authority to grant variances from the provisions of Regulation X, Section B, Paragraph 1, of the "Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area.
314-70Aug 19WITHDRAWNIn a six-director school district, the district may not condition the purchase of a student "activity ticket" on the purchase by the student of student accident insurance, and refuse to sell a student an "activity ticket" on the refusal of a student to purchase concurrently with the activity ticket student accident insurance. Further, no person may solicit, offer to sell, or sell a student accident insurance policy upon the premises of a public school one-half hour before school convenes, while school is in session, or for one-half hour after the school has been dismissed.
315-70Jun 12
316-70May 15
317-70Sep 29WITHDRAWNSection 351.540, RSMo 1969, enables the Secretary of State to rescind a forfeiture imposed pursuant to any of the provisions of Section 351.525, RSMo 1969.
318-70Dec 1
320-70Aug 21ROADS AND BRIDGES.
SPECIAL ROAD DISTRICTS.
(1) County Aid Road Trust Funds derived from motor fuel taxes may be expended by a county court on roads located in a special road district. (2) Such funds may not be expended by the county court on bridges located in a special road district. (3) A county court cannot be compelled to spend such funds in a special road district.
321-70Oct 5
322-70Aug 31MOTOR VEHICLES.
DRIVERS' LICENSES.
A person, resident or nonresident, whose Missouri operator's license has been revoked by reason of accumulation of points as provided by Section 302.304(3), RSMo 1969, cannot legally operate a motor vehicle in the State of Missouri under a license issued by another state.
323-70Jul 22CITY COLLECTOR.
CITY ASSESSOR.
When the office of city assessor and city collector are both elective offices under the ordinances of a city of the fourth class the duties of the office of city assessor are not repugnant or incompatible with those of the city collector and one person may hold both offices at the same time.
325-70May 22WITHDRAWN(1) The Secretary of State has no authority to refuse to certify a candidate for the legislature because it is alleged that such a candidate is not a resident of the district for which he has filed. (2) The Secretary of State has no authority to accept an affidavit after the last day for filing for office from a candidate for the legislature stating that he wishes to change the number of the district appearing on his declaration of candidacy and cannot certify the candidacy of the person according to the change indicated in the affidavit. (3) The Secretary of State has no authority to make a determination that a fictitious filing has been made for the legislature and cannot withdraw the name of the alleged fictitious candidate from certification for the August primary election. (4) The Secretary of State does have authority at the request of a candidate to clarify the name of such candidate or to change the address of the candidate after 5 p.m. on the last Tuesday of April preceding the August primary, but the Secretary of State has no authority to clarify the name or change the address after the date upon which the Secretary certifies to the county clerks and the boards of election commissioners the names of the candidates who have filed in his office.
326-70Sep 28REAL ESTATE BROKER.
REAL ESTATE COMMISSION.
LICENSES.
CRIMINAL LAW.
The offering of free radios or free dinners by a licensed real estate broker in order to induce the public to attend a meeting at which said broker solicits or offers for sale real property in a development within or outside the State of Missouri constitutes soliciting or offering to sell real property by offering prizes for the purpose of influencing a purchaser or prospective purchaser of real property is in violation of Section 339.100(11), RSMo 1969.
327-70Aug 6DIVISION OF MENTAL HEALTH.Persons committed to state mental hospitals pursuant to provisions of Section 552.040, RSMo 1969, relating to the commitment and release procedures of persons acquitted on grounds of mental disease or defect, may be placed on convalescent status by the heads of such facilities pursuant to the provisions of Section 202.830, RSMo 1969, and the heads of such facilities are not required to apply for a "conditional" release by the court where the committed person was tried. The courts have no power to restrict or abrogate the authority of the heads of facilities to place such a person on convalescent status under the provisions of Section 202.830 although such heads of facilities cannot grant a final release under that section but must obtain an order of the court under Section 552.040 to release the committed person unconditionally.
328-70Aug 25WITHDRAWN
329-70Sep 30MARRIAGES.
RECORDER OF DEEDS.
The marriage license form provided in Section 451.080, RSMo 1969, is not mandatory but may be revised in order to accommodate the provisions of Section 451.100, RSMo 1969, which authorizes religious organizations of this state to solemnize marriages. When a marriage is solemnized by a religious organization and not by a minister or other authorized individual such organization must designate some person to certify that the marriage was performed by the religious body according to its regulations and customs and that at least one of the parties thereto is a member of such organization.
331-70May 26CRIMINAL COSTS.
COMPTROLLER.
An information which alleges that the defendant did: "willfully, unlawfully, feloniously and with malice aforethought", but does not contain the phrase "on purpose" is insufficient to charge a violation of Section 559.180 RSMo 1959 and the State of Missouri is not liable for payment of the costs in such a case.
332-70Jun 8SOIL AND WATER COMMISSION.
COUNTY COURTS.
TAXATION.
When the governing body of a watershed subdistrict levies a tax pursuant to Sections 278.240 and 278.250, RSMo Supp. 1967, and certifies the levy to the county court, the county court and appropriate county officials must levy and collect the tax.
333-70May 28METROPOLITAN SEWER.The Metropolitan St. Louis Sewer District has authority to spend money for planning and surveys outside its boundaries.
334-70Jul 31ASSESSMENT OF REAL PROPERTY.
ASSESSORS.
REAL PROPERTY.
TAXATION.
An assessor cannot assess real property in subsequent years for any prior year in which such real estate was assessed even though the assessor was not aware of the fact that improvements were on such land on January 1 of the prior year when the land and the improvements were owned by the same person as of January 1 of the prior year.
334a-70Sep 16
335-70Jul 1FIRE PROTECTION DISTRICTS.A fire protection district may be formed in a third class county under Chapter 321, RSMo as amended. A fire protection, district cannot be formed to encompass an area or territory in more than one county.
337-70Aug 21WITHDRAWNA school district is without authority to purchase student accident insurance out of public funds for its students.
340-70May 22SCHOOLS.
APPROPRIATIONS.
CONSTITUTIONAL LAW.
1. That the Governor may not constitutionally veto an appropriation bill for free public schools. 2. That the Governor may not constitutionally veto any portion of an appropriation bill for free public schools. 3. That the Governor may not reduce any portion of an appropriation for public schools. 4. That the Governor, at his discretion, may constitutionally control by allotment or other means and thereby reduce the expenditure of funds below their appropriations only when the actual revenues are less than the revenue estimates upon which the appropriations were based. 5. The phrase "not reduce" for free public schools, as found in Article IV, Section 28, Constitution of Missouri, 1945, is a prohibition against executive reduction of any amount appropriated by the Legislature to free public schools. 6. The phrase "revenue estimates upon which appropriations were based" refers to those amounts as set forth in the budget submitted to the General Assembly, except in those instances in which the General Assembly has by its appropriation bill, set forth its estimate of revenues for the period during which the appropriation was made, or, if not specifically stated in the appropriation bills, then the total of the appropriations as passed by the Legislature, would represent the estimated revenue upon which appropriations were based. 7. That the Governor may control the expenditure rates without being required to reduce all appropriations by a pro rata percentage.
340a-70Mar 28
342-70Jun 2ELECTIONS.
ABSENTEE VOTING.
BALLOTS.
1. The terms "nonpartisan" and "independent" as applied to candidates for office, are synonymous and when necessary for a ballot to be furnished at a primary election at which independent or nonpartisan candidates are running, such ballot is a "nonpartisan" ballot. 2. Nonpartisan ballots are not to be furnished at a primary election where there is not more than one candidate for any office on the nonpartisan ticket if such ticket did not receive more than 5% of the vote for governor at the last preceding election for governor unless 10% of the voters voting at the last preceding election for governor petition for a ballot. 3. War ballots do not contain a nonpartisan column when there is not more than one candidate for any office on the nonpartisan ticket if such ticket did not receive more than 5% of the vote for governor at the last preceding election for governor unless prior to the printing of the war ballots 10% of the voters voting at the last preceding election for governor petition for a ballot. 4. An individual who receives a nonpartisan ballot at a primary election cannot receive a party ballot at such primary election.
344-70Oct 28FOREST CROP LAND.
TAXATION (EXEMPTION).
Article X, Section 7 of the Constitution of Missouri does not permit the Legislature to grant partial relief from taxation of forest crop land for a period longer than twenty-five years or to extend or renew such classification of forest crop land beyond a period of twenty-five years.
346-70Jun 23WITHDRAWNSale of intoxicating liquor on a boat or vessel operating on navigable waters in or adjacent to this state is unlawful. The Supervisor of Liquor Control cannot issue a license for sale of intoxicating liqour to any boat or vessel operating on navigable waters in or adjacent to this state.
348-70Sep 4TAXATION (INTANGIBLE).
BLIND PERSONS.
The blind pension fund of the State of Missouri is not entitled to share in the intangible personal property tax collected by the state.
349-70May 27
351-70Aug 3LABOR.
PREVAILING WAGE.
A public school district which constructs a school building under its own supervision and control without contracting for construction of such building is not required to pay the "prevailing wage" rates determined by the Department of Labor and Industrial Relations.
352-70Jun 2
353-70Jun 26
354-70Aug 21WITHDRAWN
355-70Aug 18MOTOR VEHICLES.
LICENSES.
MOTOR VEHICLE LICENSES.
A member of an automobile dealer's family may legally operate a vehicle with a dealer's license plate only if the vehicle is held for sale by the dealer and the family member is an officer or employee of the dealership. If the family member is an officer or employee of the dealership, such vehicle may be used not only for business purposes but also for private reasons.
356-70May 30WITHDRAWN
358-70Sep 4
359-70May 30WITHDRAWNA circuit judge who is a candidate to succeed himself under the provisions of the Missouri nonpartisan court plan is required under the provisions of Section 120.345, Senate Bill No. 135 Seventy-fifth General Assembly to file his declaration of candidacy in person with the office of the Secretary of State except as otherwise therein provided.
362-70Jun 29LIQUOR.
INTOXICATING LIQUOR.
The 1970 census population figures become effective on July 1, 1971, for the purpose of determining whether or not a license to sell liquor by the drink at retail, other than malt liquor containing alcohol not in excess of five percent, for consumption on the premises can be issued in, any city having a population of under twenty thousand after the 1970 census. Any license authorizing the sale of intoxicating liquor by the drink at retail for consumption on the premises, other than malt liquor containing alcohol not in excess of five percent, expiring on June 30, 1971, in such a city cannot be renewed unless a majority of the qualified voters of that city have previously authorized such licenses through the provisions of the local option laws of the Liquor Control Act, or until they subsequently do so.
363-70May 28
365-70Jun 5SCHOOLS.
TAXATION (SCHOOLS).
CONSTITUTIONAL LAW.
Pursuant to the terms of Article X, Sec TAXATION (SCHOOLS): tion 11(c) of the Missouri Constitution CONSTITUTIONAL LAW: and Section 164.021, RSMo 1967 Supp., a tax rate approved by two-thirds of the qualified electors voting thereon pur¬suant to the first clause of Section 11(c) is a valid increase of the maximum rate of taxation permitted by Section 11(b) of Article X of the Missouri Constitution for the period authorized by the voters (not to exceed four years) and, at the end of the authorized period (not to exceed four years), the increased tax rate expires. The rate for the next succeeding year will be the rate imposed by the school board of the district which cannot exceed the limitations contained in Section 11(b), Article X, Missouri Constitution unless the qual¬ified voters of the district have authorized an increase pursuant to the provisions of Section 11(c) Article. X, Missouri Constitution and Section 164.021, RSMo 1967 Supp. With reference to the Kirkwood School District R-7, the tax rate of $4.47 approved by the voters in 1969, is effective for only one year. The tax rate for subsequent years will be limited by provisions of Section 11(b), Article X, Missouri Constitution, to a maximum of $1.25 on hundred dollars assessed valuation unless the voters of the district authorize an increase in this basic rate pursuant to the provisions of Section 11(c) of Article X, Missouri Constitution and Section 164.021, RSMo 1967 Supp.
366-70Jun 8BAIL.
POLICE OFFICER.
An arresting officer who has no authority to accept bail is not authorized to accept a driver's license in lieu of bail under Section 544.045, RSMo Supp. 1967, from a person arrested for a traffic violation.
367-70Jun 1
368-70Jun 26
369-70Aug 13TAXATION (SALES AND USE).
TAXATION (EXEMPTIONS).
The Missouri sales tax is not applicable to the sale of books by individuals made through the Raytown Area PTA Council sponsored Student Used Book Exchange.
371-70Oct 2SCHOOLS.
TEACHERS.
A teacher who has served only five successive years in the same school system has not achieved "permanent teacher" status pursuant to the definition of "permanent teacher" in Section 168.104(4), RSMo 1969, and therefore, such a teacher would not gain "permanent teacher" status upon being reemployed by that same school district for the second successive year.
372-70Jul 27
374-70Jul 9
375-70Jun 11GENERAL ASSEMBLY.
CONSTITUTIONAL LAW.
REFERENDUMS.
Once a measure is referred to the electorate, the General Assembly has no power to repeal the measure. The Secretary of State must continue to perform his statutory duties with respect to having the referred measure submitted to the electorate even though the General Assembly has attempted to repeal the measure.
378-70Jun 23
379-70Jun 17
380-70Oct 27WITHDRAWNA school tax increase which has been approved by a proper majority is effective for only one tax year where the proposal by which it was submitted to the voters fails to specify the number of years for which the proposed increase is to be effective.
381-70Jun 19MUNICIPAL AIRPORTS.
CITIES, TOWNS & VILLAGES.
AIRPORTS.
COOPERATIVE AGREEMENTS.
The mayor of a constitutional charter city may not, without an enabling ordinance, contract with an adjoining state for the construction of-an airport.
383-70Jul 21ELECTIONS.
PRIMARY ELECTIONS.
CHALLENGERS.
1. Precinct election judges in Kansas City can recognize an inside challenger for a political party who is vouched for by judges representing that party or by persons present belonging to that party where the challenger with the duly signed credentials of the party chairman has not put in an appearance at the polling place. 2. A challenger recognized by the election judges maintains his position as challenger only until such time as a challenger with credentials from the party chairman presents himself at the polling place. 3. A form purporting to be an appointment of an inside challenger by the election judges for the rest of the election day because no authorized inside challenger has presented himself at the polling place does not meet legal requirements.
385-70Jul 21
386-70Sep 18COUNTY COLLECTORS.
COMPENSATION.
CONSTITUTIONAL LAW.
Collectors of third class counties wherein the total amount of taxes levied for any one year exceeds four million dollars can retain all commissions and fees earned by them.
387-70Aug 7COUNTY COLLECTOR.
COUNTY CLERK.
COMPENSATION.
1. A person appointed by the county clerk under Section 52.180, RSMo, in case of death, resignation, removal or other disability of a county collector to examine the tax books, ascertain the amount remaining uncollected and make out a correct abstract of the same is entitled to be compensated for his services by the county. 2. Persons appointed by the legal representative or sureties of the collector to perform such duties are not entitled to be compensated by the county.
388-70Jun 19CONSTITUTIONAL LAW.
EMERGENCY CLAUSE.
SCHOOLS.
Section A.of Senate Bill No. 3, Third Extraordinary Session, 75th General Assembly, qualifies under Sections 29 and 52(d) of Article III of the Missouri Constitution as a valid emergency clause and Senate Bill No. 3 will become effective upon approval by the Governor.
389-70Oct 28TAXATION (INCOME)
TAXATION (EXEMPTIONS)
(1) A corporation whose only activity is the investment or reinvestment of its own funds in securities which are obligations of the United States Government or its instrumentalities is not subject to Missouri Income Tax by reason of the provisions of Section 143.040.1, RSMo 1969, and the income thereof is exempt under Section 143.150(5), RSMo 1969. (2) Dividends paid to stockholders of the corporation described in (1) are to be included in taxable income under the provisions of Section 143.100, RSMo 1969.
390-70Sep 28
391-70Sep 4WITHDRAWN
393-70Jul 27
394-70Aug 19WITHDRAWN
394a-70Sep 25SCHOOLS.Pursuant to Section 160.051, RSMo 1969, any child whose sixth birthday is before the first day of October after the first day of a school term shall be deemed to be six years of age for the purpose of determining eligibility for admission to school. A rule of a school board which prevents any child whose sixth birthday occurs before October first from attending school is unauthorized, invalid and void. A school board may use reasonable discretion in selecting the date which it will use to determine the age eligibility of children for the district's program of gratuitous education of children between five and six years of age. A school board may decide upon an age determination date which would permit children who are less than five years of age on the first day of the school term to enroll in such classes. However, only those children who have reached the age of five prior to October first after the first day of the school term may be counted in determining "average daily attendance" for state aid purposes.
399-70Jul 9
400-70Aug 12WITHDRAWN
401-70Jun 30
402-70Sep 25CORPORATIONS.
CONSTITUTIONAL LAW.
Article XI, Section 7 of the Constitution of Missouri and Section 351.160, RSMo 1969, do not render void bonds which are sold at less than par or face value where the bonds are issued to promote the legitimate business of the corporation and the discount price is arrived at after bona fide arms length negotiations between the corporation and the purchaser and is the best price that the corporation in good faith could obtain.
405-70Jul 31
406-70Sep 30
407-70Jul 9
408-70Dec 8ELECTIONS.
REGISTRATION.
1. When Henry County, by a vote of the people, adopted the provisions of Chapter 114, RSMo for voter registration, voter registration applied to the City of Clinton in all state and county primary, special and general elections. 2. The City of Clinton, Henry County, Missouri may adopt voter registration for all municipal elections in the manner as provided for in Section 114.047, RSMo, and it would be the duty of the county clerk to furnish the proper registration records to the city election officials.
409-70Aug 7
410-70Aug 3WITHDRAWN
411-70Oct 6ARREST.
POLICE.
CITY POLICE.
CRIMINAL PROCEDURE.
CITIES, TOWNS & VILLAGES.
A police officer from a fourth class city may arrest for violations of state traffic laws occurring within the city limits and may file a complaint based upon this violation in the magistrate court; a police officer from a fourth class city, possessed of knowledge that a recent felony has been committed, may arrest without a warrant anyone he has reasonable grounds to believe has committed the offense; the arrest for this felony may occur outside the city limits; a police officer from a fourth class city does not have the power to make an ordinance violation arrest outside the city limits; and a fourth class city police chief may not take bond for arrests made without a warrant for offenses that occur within the city limits.
412-70Sep 16COSMETOLOGY.
WIGS.
1. Department store sales personnel who receive compensation either from the store or from the customer for combing, brushing and arranging individuals' hair in the process of selling or servicing wigs are practicing the occupation of hairdresser within the meaning of Section 329.020, RSMo 1969, and must obtain a certificate of registration from the State Board of Cosmetology. 2. The department store in which the occupation of hairdresser is practiced must also obtain a certificate of registration from the State Board of Cosmetology.
413-70Sep 18ASSESSORS.
COMPENSATION.
DEPUTIES.
SALARIES.
See: State ex rel. Lack v. Melton, 629 S.W.2d 302 (Mo. banc 1985). With respect to Senate Bill No. 1 of the Third Extra Session, 75th General Assembly: 1. Pursuant to the provisions of subsection 3 (Section 53.071, RSMo) of said bill, the salary of a county assessor whose year of incumbency begins September 1, 1970, would be computed on the basis of the assessed valuation of the county for the year 1969 and the salary for each succeeding year is to be computed on the basis of the assessed valuation of the county for the preceding year. 2. In counties of the second, third, and fourth class, the salary of each clerk and deputy appointed by the county assessor subject to the approval of the county court shall be paid entirely by the county. 3. The provisions of subsection 3 of said bill (Section 53.081, RSMo) requiring the assessor of each county, except counties of the first class having a charter form of government, to verify ten sales of real property made in the county each month and make a report to the State Tax Commission do not apply to township assessors in counties having a township form of government. 4. The provisions of subsection 3 of said bill (Section 53.091, RSMo) requiring the assessors of this state to attend a course of study as prescribed by the State Tax Commission includes township assessors. 5. The provisions of subsection 3 (Section 137.330, RSMo) of said bill are applicable only to counties of the first class.
414-70Jul 13
415-70Sep 28RECORDER OF DEEDS.
REAL PROPERTY.
FEES.
Instruments subject to the one dollar user fee provided by Section 59.319, RSMo 1969, include warranty deeds, quit claim deeds, trustee's deeds, collector's deeds, executor's deeds, administrator's deeds, guardian's deeds, sheriff's deeds in partition, highway deeds, cemetery deeds, tax deeds, wills which devise real property, leases of real property, all instruments which convey easements, patents of land, probate and circuit court decrees which convey real property interest, and all distributions of the probate court involving real property. Instruments which do not convey an interest in real property and are not subject to the user fee include deeds of trust, deeds of release (full and partial), uniform commercial code security instruments involving fixtures and crops, instruments which release uniform commercial code security interests, probate and circuit court decrees which do not convey real property interests, distribution orders which do not involve real property, leases on personal property, affidavits, surveys, plats (where easements are not established), patents on inventions, death certificates, marriage licenses, powers of attorney, articles of incorporation, articles of dissolution, resolutions and statements.
417-70Sep 11
420-70Jul 27
421-70Aug 3WORKMEN'S COMPENSATION.
FIREMEN.
It is the opinion of this office that the provisions of Sections 87.005 and $7.006, RSMo 1969, relating to impairment of health of firemen, do not apply to the Missouri Workmen's Compensation Law.
422-70Jul 20
423-70Oct 19
424-70Nov 18
425-70Aug 17
426-70Jul 28
427-70Jul 27
428-70Sep 11COUNTY JUDGES.
CRIMINAL LAW.
CONFLICT OF INTEREST.
Section 49.140, RSMo 1969, would be violated if the financial statement of the county or any legal notices of the county were printed at the expense of the county in a newspaper owned by a member of the county court or his wife.
430-70Sep 30
431-70Aug 25
432-70Jul 31
433-70Nov 25SCHOOLS.Two or more three-director (common) school districts cannot organize into a six-director district.
434-70Aug 3STATE AUDITOR.
COUNTY AUDITS.
(1) It is the duty of the State Auditor to audit the accounts of the various county officers, in counties of the third and fourth class, supported in whole or in part by public moneys, at least once during the term for which any county officer is chosen. (2) The time of making such audit during the term of each county officer shall be as near the expiration of the term of the county officer as the auditing force of the State Auditor will permit, as determined by the State Auditor.
437-70Aug 31BANKS.The designation of the Grandview Bank as a federal depository and financial agent pursuant to federal law to perform functions designated by the Secretary of the Treasury is a matter controlled by federal law and permission to establish this facility is not necessary from the Division of Finance of the State of Missouri. The establishment of this facility, therefore, is dependent upon appropriate decision by the federal authority and the Missouri prohibition against branch banking is not applicable.
438-70Oct 28FIRE PROTECTION DISTRICTS.
AMBULANCES.
Fire protection districts organized under the provisions of Section 321.510 to Section 321.715, RSMo 1969, continue as legal entities although the statutes under which they were organized have been repealed. Emergency ambulance service provided for under Section 321.225, RSMo 1969, furnished by the district must be furnished for the entire district and not for the portion of the district within one county.
440-70Nov 10ELECTIONS.
INITIATIVE & REFERENDUM.
When initiative petitions proposing a constitutional amendment are filed with the Secretary of State and found to contain insufficient signatures to place the proposition on the ballot, such petitions cannot be returned to the circulators; and such petitions, which provided for submission of the proposed amendment at the November 3, 1970 general election or at a special election to be called by the Governor, may not be counted toward placing a proposition on the ballot at a general election or a special election to be held after the general election on November 3, 1970.
441-70Nov 4FOREST CROPLAND.If the value of the land alone exceeds ten dollars per acre such land may not be classified as forest cropland for tax relief under the State Forestry Law, Chapter 254, RSMo 1969.
442-70Oct 19
444-70Aug 14CORONERS.
COUNTY CORONERS.
FEES, COMPENSATION, AND SALARIES.
A coroner of a second class county is paid an annual salary in lieu of fees and is required to collect on the behalf of the county all fees for official services except such fees as are chargeable to the county.
445-70Sep 16STATE AUDITOR.
COUNTY OFFICERS.
The State Auditor must audit the account of each county officer, supported in whole or in part by public moneys, at least once during the term of each such officer. Thus, the accounts of an officer chosen for a two year term must be audited at least once every two years and the accounts of an officer chosen for a four year term must be audited at least once every four years. Such audit shall be made as near the expiration of the term of the officer as the auditing force of the State Auditor will permit.
446-70Apr 24SCHOOLS.
ELECTIONS.
TAXATION (SCHOOLS).
School Board can call repeated elections to increase school tax levy. Board can issue statements giving information as to necessity of tax increase. Board must open and operate schools even though it has insufficient funds to operate for nine month period.
447-70Sep 11WITHDRAWN
448-70Aug 17
450-70Dec 1DIRECTOR OF REVENUE.
PURCHASING AGENT.
The Director of Revenue has authority under Section 32.050, RSMo 1969, to enter into a contract with a private corporation under which contract employees of the corporation key punch data necessary for income tax refunds. Any such contract must be awarded by the State Purchasing Agent in accordance with Section 34.030, RSMo 1969. The furnishing of information obtained from income tax returns to such corporate employees would not violate the provisions of Section 143.270, RSMo 1969, which provides that the contents of state income tax returns shall be confidential. The persons performing the key punching services would be subject to the statutory prohibitions against divulging information obtained by income tax returns.
451-70Sep 4ELECTIONS.
POLL BOOKS.
PUBLIC RECORDS.
A person inspecting a poll book as provided in Section 111.581, RSMo 1969, may make photostatic copies of the list of voters in the poll books.
452-70Dec 9STATE PURCHASING AGENT.The Purchasing Agent is required to determine whether bids for supplies to be purchased by the State of Missouri show that the delivered price of a firm, corporation or individual not doing business as a Missouri firm, corporation or individual is the same or less than the bid of a Missouri firm, corporation or individual and if he determines that a Missouri bidder has submitted an equal bid, in competition with an out-of-state bidder, then the Purchasing Agent is required to prefer the Missouri bidder. The Purchasing Agent is not permitted to accept a higher bid from a Missouri bidder on the grounds that the economic interests of the state would be furthered by patronizing a bidder doing business as a Missouri firm, corporation or individual.
453-70Oct 30
454-70Sep 11CONSTITUTIONAL LAW.
CONSTITUTIONAL AMENDMENT.
The effective date of the Judicial Reform Amendment, Senate Joint Resolution No. 16, 75th General Assembly, is January 1, 1972.
456-70Oct 14MOTOR VEHICLES.
STATE UNIVERSITY.
ROADS AND BRIDGES.
The County Court of St. Charles County does not have the authority to set speed limits on county roads not within the limits of any incorporated city, town or village, lower than that provided in Section 304.010, RSMo 1969, for the reason that St. Charles County, although a second class county, does not have a population of 125,000 residents and the extension centers located in that county do not constitute a "state university" within the meaning of Section 304.010 5., RSMo 1969.
458-70Sep 17
459-70Aug 21
461-70Sep 15ELECTIONS.
BALLOTS.
Section 111.591, RSMo 1969, does not authorize the prosecuting attorney or other public officer to inspect ballots in the custody of the county clerk or board of election commissioners, unless some judicial proceeding, grand jury investigation, or other investigation authorized by law is pending.
463-70Aug 21
469-70Sep 11
470-70Sep 4MOTOR VEHICLES.
CRIMINAL LAW.
DRUNKEN DRIVING.
Section 564.440, RSMo 1969, does not require operation of a motor vehicle upon a public highway as a condition precedent to a charge of operating a motor vehicle while in an intoxicated condition.
472-70Oct 2
473-70Sep 16DIVISION OF MENTAL HEALTH.
LABOR.
UNIONS.
The Division of Mental Health does not have the authority to accept union proposals for union dues check-offs from the pay of an employee who terminates his union membership or to accept maintenance of membership or agency clauses which respectively require that union members maintain their membership in the union as a condition of employment and that non-union employees, as a condition of employment pay a union service charge. There is no authority for the State to make check-offs of union dues as such.
475-70Oct 20COUNTIES.
COOPERATIVE AGREEMENTS.
CITIES, TOWNS & VILLAGES.
1. A third class county may enter into a cooperative agreement for operation of a common dumping ground with fourth class municipalities of such county. 2. A third class county may enter into a cooperative agreement for operation of a common dispatch service for the peace officers of the county and contracting municipalities. 3. Fourth class cities may enter into a cooperative agreement for a common sewer system.
476-70Oct 28OFFICERS.
LEGISLATURE.
LEGISLATORS.
CONSTITUTIONAL LAW.
CONFLICT OF INTEREST.
1. A state representative who has a permit to own and operate an official motor vehicle inspection station is not an officer or employee of the state and does not violate the provisions of Article III, Section 12 of the Constitution of Missouri. 2. A state representative who has a permit to own and operate an official motor vehicle inspection station does not violate the provisions of Section 105.490, RSMo.
477-70Sep 25
478-70Sep 11
479-70Dec 10CITIES, TOWNS AND VILLAGES.
CITY ADMINISTRATOR.
A city administrator appointed under the provisions of Section 77.042 to Section 77.048, RSMo 1969, may be authorized by the governing body of a third class city to appoint and discharge any employees of the city even though such employees operate under the Park Boards, the Public Work Boards or the police merit system. The city council of a third class city does not have authority to give the city administrator general superintending control of the administration and management of the departments under the control of the various boards such as the Park Board or the Board of Public Works or to give the city administrator any control beyond that heretofore exercised by the mayor himself.
482-70May 30WITHDRAWNCounty library district funds are public funds; such funds are required to be deposited with the county depositary by the county treasurer; the interest, if any accrues from such fund, must be credited to the road and bridge fund.
484-70Sep 30
489-70Oct 20STATE AID.
JUNIOR COLLEGES.
SCHOOLS.
A junior college district has no authority to conduct classes outside of its district boundaries and is not, therefore, entitled to receive state aid for nonresidents of the district enrolled in classes outside of its district boundaries even though they may be Missouri residents.
490-70Sep 11
491-70Nov 19CITIES, TOWNS AND VILLAGES.
COUNTIES.
Section 67.400, RSMo 1969, authorizes the governing body of any city, town or village to enact ordinances that provide for the demolition of buildings and structures within the corporate limits of such city, town or village which are detrimental to the health, safety or welfare of the residents and declared to be a public nusiance.
492-70Oct 2
493-70Oct 30ELECTIONS.(1) There is no law regulating or prohibiting the hiring of persons to haul voters to the polls in a primary or general election in a third class county. (2) In a county of the third class, each party committee may select a person in accordance with its bylaws to witness the counting of the ballots and such person should be admitted to the room where the ballots are being counted by the judges of the election if they are satisfied such person has been selected by the party committee.
498-70Nov 19WITHDRAWNA school board may not purchase an accident insurance policy covering students engaged in athletic programs, or those students engaged in driver's education.
501-70Sep 29SCHOOLS.(1) Some or all of the teachers of the St. Charles School District may be placed on a leave of absence pursuant to the provisions of Section 168.124, RSMo 1969, of the Teacher Tenure Act, if the school board of the St. Charles School District reasonably concludes that such action is necessary due to the financial condition of the school district. (2) In determining whether the schools of a district must close due to lack of funds, a school board must take into consideration all available income, including any school money received from the State of Missouri. However, a school board may consider any fixed expenses it will have after school is closed in determining when the available funds of the district have been exhausted. (3) Section 163.091, RSMo 1969, provides the sole remedy available to the state to recover from a school district the excess amount of state school money paid to the district in the current year. Therefore, if the district's application for state school money, report pursuant to Section 163.081, RSMo 1969, and calendar pursuant to Section 171.031, RSMo 1969, as filed with the State Board of Education all indicate that the district is qualified for state aid in the current year, the district will receive its share of state school money in the current year. In the following school year, the district's share of state school money will be reduced by the amount it received in the current year to which it was not entitled. However, should a school district amend any of these documents or otherwise officially notify the State Board of Education in the current year that the district is not qualified under Section 163.021, RSMo 1969, to receive state school money, the State Board of Education would then be obligated to adjust immediately the district's apportionment of school money.
504-70Dec 16AIRPORTS.
REVENUE BONDS.
COOPERATIVE AGREEMENTS.
CITIES, TOWNS & VILLAGES.
The City of St. Louis may not issue and sell revenue bonds, and use the proceeds therefrom for the purpose of purchasing, constructing, extending or improving an airport to be jointly owned by the City of St. Louis and the State of Illinois. The City of St. Louis, by ordinance, may use general tax revenues for such purpose. The City of St. Louis may not contribute its general tax revenues to the construction and operation of an airport of which it is not a joint owner. The consent of the Congress of the United States, if required, has been given to the proposed airport to be jointly owned by the City of St. Louis and the State of Illinois.
505-70Oct 9COUNTY BUILDINGS.
COUNTIES.
COUNTY COURT.
The circuit court of a county cannot require the county court to appropriate money for the repair of the county courthouse, or to order by mandamus or other action the county court to repair the courthouse unless the county court abused or arbitrarily exercised its discretion.
507-70Sep 29
508-70Oct 2
511-70Oct 6DISABILITY BENEFITS.
FIRE PROTECTION DISTRICTS.
The additional proviso respecting the payment of health, accident or disability benefits to salaried members of the organized fire department of a fire protection district in a first class county who shall become disabled due to injury or disease incurred while on duty or in the performance of their duties, must be submitted to the voters and approved by them even though the voters have previously approved pensions and death benefits.
512-70Oct 1
516-70Oct 9CONSTITUTIONAL LAW.
SCHOOLS.
The amount of indebtedness which may be incurred by a school district is determined on the basis of a calendar year rather than a fiscal year.
519-70Dec 9MOTOR VEHICLES.A commercial motor vehicle used by the owner Or operator to deliver limestone to farms owned or leased by other persons more than twenty-five miles beyond the municipal area where the operation is based, is not a "local commercial vehicle" within the meaning of Section 301.010(12), RSMo 1969.
520-70Nov 18
522-70Oct 26
523-70Oct 8BONDS.
BAIL.
SUPREME COURT RULES.
A bondsman or surety is disqualified from making further bonds when a forfeiture has been entered upon a recognizance to which he is a party, even though motions to set aside such forfeiture may be pending.
524-70Oct 7SCHOOLS.
STATE BOARD OF EDUCATION.
COMMISSIONER OF EDUCATION.
The plain and rational meaning of the word "administration" as used in Section 161.112, RSMo 1969, which sets forth the qualifications for the State Commissioner of Education, involves as an essential element the performance of executive duties. From the facts set forth in your telegram, the individual in question does not possess "breadth of experience in the administration of public education" as required by Section 161.112 and is, therefore, not qualified for appointment to the office of State Commissioner of Education.
525-70Oct 14
528-70Oct 8
530-70Dec 10ASSESSORS.
COOPERATIVE AGREEMENTS.
1. The county assessor of Marion County, Missouri, may enter into a cooperative agreement with the City of Hannibal under such terms and conditions as may be approved by the county court, as provided under the provisions of Sections 70.210 to 70.230, RSMo to perform the duties of the City Assessor of Hannibal. 2. The County Assessor of Marion County has no authority to perform the duties of the City Assessor of Hannibal except as provided under Sections 70.210 to 70.230, RSMo. 3. Under such agreement the county assessor may use the facilities of his office and services. of his deputies and clerks in performing the duties of the city assessor. 4. All compensation paid by the City of Hannibal for the use of such facility, and the services of the assessor, his deputies and clerks shall be paid to Marion County and deposited in the county treasury.
531-70Nov 19WITHDRAWNA nursing home district created under Sections 198.200 to 198.350, RSMo 1969, does not have the power to sell real estate purchased by it in the absence of express legislative authority.
532-70Dec 15TAXATION (INCOME).
TAXATION (SALES AND USE).
(1) The Missouri Income Tax law cannot be amended after January 1, 1971, increasing tax rates or otherwise altering tax liability, making the change effective for the entire year 1971. (2) Missouri may impose a surtax on income similar to the surtax imposed by the federal government. (3) The General Assembly cannot impose an-income tax computed solely on the basis of taxpayer's federal income tax liability. (4) The Missouri General Assembly cannot legally use the entire 1971 income as the basis for a surtax or as the basis for imposing a tax computed on a percentage of the federal tax where the law is passed after January 1, 1971. (5) Section 13 of Article I of the Missouri Constitution prohibits enactment of retrospective tax laws irrespective of whether the tax is imposed upon individuals or corporations. (6) The legislature can provide for referral of tax increase measures earmarking a part of the increase for support of public education to the electorate by referendum. (7) It is legal to impose a tax on sales of advertising.
538-70Oct 29
541-70Nov 18
544-70Dec 31
546-70Nov 20SCHOOLS.
CONSTITUTIONAL LAW.
House Joint Resolution No. 1, Third Extraordinary Session Seventy-fifth General Assembly (Constitutional Amendment No. 4 on ballot November 3, 1970), which enacts a new Section 11(c) of Article X of the Constitution of Missouri, provides that if the board of education of a school district does not submit to the electorate a proposal for a higher tax rate for school purposes after the effective date of the amendment, the last tax rate approved in the district shall continue for the current tax year.
550-70Dec 31
558-70Dec 9
559-70Dec 29
565-70Dec 1
566-70Nov 25DENTISTS.
CONSTITUTIONAL LAW.
The provision of Section 332.131, RSMo 1969, which requires that candidates for licenses as dentists in the State of Missouri be citizens of the United States is unconstitutional.
576-70Dec 24
578-70Dec 16CONSTITUTIONAL LAW.
JUNIOR COLLEGE DISTRICTS.
The buildings and facilities of junior college districts created pursuant to Section 178.770 through Section 178.890, RSMo 1969, are "state buildings and facilities" as that term is used in the perfected version of House Joint Resolution 1, Fourth Extraordinary Session, 75th General Assembly and, therefore, the junior college districts of Missouri would be eligible for funds from the Third State Building Fund to be created if the proposed constitutional amendment contained in House Joint Resolution l is approved by the voters.
583-70Dec 30
588-70Dec 18SECRETARY OF STATE.
ELECTIONS.
POLITICAL PARTIES.
CANDIDATES.
The American Party is no longer an established political party for the purpose of nominating candidates for Governor or other statewide offices in the State of Missouri because the only candidate for state office received less than two percent of the vote at the 1970 General Election. Since the American Party is not now an established party for the entire state the Secretary of State should not accept declarations of candidacy for Governor or other statewide offices for such non existent party.
591-70Dec 24
596-70Dec 31WITHDRAWN