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Opinion Letter No. 196-74

Contents of letter

May 1, 1974

Honorable Jack E. Gant
State Senator, 16th District 416
State Capitol Building
Jefferson City, Missouri 65101

Dear Senator Gant:

 This opinion letter is in response to your question concerning the effective date of recent amendments to school district boundary change arbitration procedures. You refer to a boundary dispute between the Kansas City and Independence School Districts and suggest that the statutorily provided arbitration procedure may have to be implemented prior to July 1, 1974. You specifically inquire whether the law governing the manner in which arbitrators are chosen is that which appears in the Revised Statutes of Missouri 1969 or whether it is that which is found in House Bill 158, 77th General Assembly (1973), which amends the statutes found in the 1969 revised statutes.

 Procedures for the resolution of school district boundary line disputes are set forth in Sections 162.431, 162.681 and 162.691, RSMo 1969. In House Bill 158, the General Assembly repealed those three sections and replaced them with a single new Section 162.431. However, Section A of House Bill 158 states, "This act shall become effective July 1, 1974."

 The General Assembly may specify a date in the future on which a statute shall become effective. Section 1.130(2), RSMo 1969; State ex rel. Brunjes v. Bockelman, 240 S.W. 209 (Mo.Banc 1922). Since the General Assembly has exercised this power with regard to House Bill 158, we may not disregard this expression of legislative intention.

 Therefore, it is our opinion that the provisions of House Bill 158 do not become effective until July 1, 1974, and that until that time procedure provided in the Revised Statutes of Missouri 1969, is applicable.

Very truly yours,

John C. Danforth
Attorney General

 
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