1966 MISSOURI ATTORNEY GENERAL'S OPINIONS

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Opinion Date Topic Summary
2-66 Aug 16 TAXATION (MERCHANTS & MANUFACTURERS).
MERCHANTS.
MANUFACTURERS.
COUNTY COURT.
ERRONEOUS TAXES.
BOARD OF EQUALIZATION.
COUNTY BOARD OF EQUALIZATION. BANKRUPTCY.
Merchants and manufacturers tax valuation cannot be reduced after statements mailed out because of mistake in valuation. If assessment raised by Equalization Board and no notice given, increase void. County court can correct erroneous valuation under Section 137.270. Taxes may be collected from bankrupt and his bondsman. Collector given credit for uncollectible taxes by county court.
3-66 Aug 16 TAXATION (MERCHANTS & MANUFACTURERS).
MERCHANTS.
MANUFACTURERS.
COUNTY COURT.
ERRONEOUS TAXES.
BOARD OF EQUALIZATION.
COUNTY BOARD OF EQUALIZATION.
BANKRUPTCY.
Merchants and manufacturers tax valuation cannot be reduced after statements mailed out because of mistake in valuation. If assessment raised by Equalization Board and no notice given, increase void. County court can correct erroneous valuation under Section 137.270. Taxes may be collected from bankrupt and his bondsman. Collector given credit for uncollectible taxes by county court.
4-66 Dec 9 COUNTY COURTS.
SPECIAL ROAD DISTRICTS.
MUNICIPALITIES.
POLITICAL SUBDIVISIONS.
CONTRACTS BETWEEN POLITICAL SUBDIVISIONS.
COOPERATION BETWEEN POLITICAL SUBDIVISIONS.
Article VI, Section 16, Constitution of Missouri, and Section 70.220, RSMo 1959, authorizes county court and special road district to contract for maintenance of public road in special road district; but does not authorize such a contract between the county court and a private person for maintenance of a private road.
8-66     Withdrawn
10-66 Mar 22   Opinion letter to Mr. James E. Schaffner
13-66 Feb 4 FEES.
RECORDER OF DEEDS.
Money received by the recorder of deeds for making xerox copies of legal documents on file in his office must be reported as “fees” accountable in a second class county as prescribed by Section 59.230, Mo. Supp. 1963.
Money received by the recorder of deeds for making credit search and selling lists of chattel mortgages to various banks and loan companies does not constitute funds recoverable by the county as “fees” accountable under Section 59.230, Mo. Supp. 1963, or as money collected under color of office.
15-66 Jan 27 CRIMINAL COSTS.
INSANE PERSONS.
CRIMINAL INSANE.
MENTAL ILLNESS.
The reasonable expenses of “commitment” or “confinement” of an accused for observation in a State mental hospital pursuant to examination under Section 552.020, RSMo. Supp. 1965, or under Section 552.030, RSMo. Supp. 1965, relating respectively to fitness to proceed and mental disease or defect excluding responsibility in criminal proceedings, may be taxed as costs of prosecution under the provisions of Section 552.080, RSMo. Supp. 1965, Subsection 1(1).
16-66 Feb 25 SCHOOLTEACHERS.
PUBLIC SCHOOLS.
SCHOOL DISTRICT EMPLOYEES.
SCHOOLS.
STATE REPRESENTATIVE.
STATE SENATOR. CONFLICT OF INTEREST.
Article III, Section 12, Missouri Constitution 1945, prohibits teachers and other employees of a public school district from holding the office of State Senator or Representative.
18-66 Feb 25 SCHOOLS AND SCHOOL DISTRICTS.
STATE AID.
TUITION.
(1) “Equalization quota” and “Second level equalization quota aid shall be paid to the school district wherein the assigned pupil resides as provided by Sections 163.031(1) and 163.033, RSMo. Supp. 1965; (2) “Flat grant” aid shall be paid to the school district where the assigned pupil attends school as provided by Section 163.031(3), RSMo. Supp. 1965; (3) In calculating tuition rate of an assigned pupil, the per pupil cost of maintaining the school attended should be reduced by the amount of “flat grant” aid per pupil, as provided by Section 167.131, RSMo. Supp. 1965.
19-66 Mar 3 CONFLICT OF INTEREST.
MAYORS.
CITIES – THIRD CLASS. DEPOSITARIES.
The Mayor of Third Class City who is President, Director and Stockholder of bank in which city funds are deposited violates Sec. 77.470 RSMo 1959. Section 105.490 RSMo Cum. Supp. 1965 is violated by said conflict of interest.
A mayor of a third class city has no lawful authority to appoint a member of the board of trustees of a special road district formed under Sections 233.010 to 233.165 RSMo 1959, and an attempted appointment of such an officer is void.
A mayor of a third class city who attempts to name himself to the office of member of the board of trustees of the city-owned hospital, is guilty of a violation of public policy and such attempted appointment is void.
21-66 Apr 8 CITY LIBRARIES.
REAL ESTATE.
OWNERSHIP.
OWNERSHIP – SALE OF.
City council is unauthorized to convey real estate, legal title of which is in board of trustees of city library for use and benefit of library. When board of trustees of city library uses library tax funds to purchase real estate to be used for library purposes, deed of conveyance should be to board of trustees.
22-66     Withdrawn
23-66 June 6 Opinion letter to the Honorable Arthur B. Cohn
26-66     Withdrawn
27-66 Feb 2 TREASURER.
PAYROLL WARRANT REGISTER.
CHECKS.
(1) The proposals of the St. Louis County Auditor that the St. Louis County Treasurer (1) provide the Data Processing Department with a beginning check number and (2) that the Treasurer incorporate the records produced by another department into his register, would both violate the statutory duties of the Treasurer.
28-66     Withdrawn
29-66 June 28 MOTOR VEHICLE SAFETY RESPONSIBILITY ACT.
MOTOR VEHICLES.
SAFETY RESPONSIBILITY UNIT.
The Missouri State Highway Patrol or any peace officer, at the direction of the Director of Revenue, may secure the possession of the registration of a jointly owned vehicle where an operating joint-owner of a motor vehicle has caused the suspension of registration of such motor vehicle through violation of provisions of the Safety Responsibility Law.
31-66     Withdrawn
33-66     Withdrawn
34-66 Mar 17 ROADS AND STREETS.
ROADS.
STREETS.
COUNTY COURTS.
Money apportioned to Cass County as provided by Article IV, Section 30 (a), Constitution of Missouri, may not be expended on roads or streets under the jurisdiction or control of Belton, Missouri.
35-66 June 22 Opinion letter to the Honorable James E. Schaffner
40-66 Nov 3 INSURANCE.
INSURANCE AGENTS.
LICENSES.
MUTUAL INSURANCE COMPANIES.
1) Agents of companies holding certificates of authority from Division of Insurance must be licensed.
2) Certain mutual insurance companies must procure certificates of authority and agents of such companies must be licensed.
3) Certain mutual insurance companies need not procure certificates of authority and agents of such companies need not be licensed.
4) There are no “grandfather” exemptions from examination requirements for licensing of agents of mutual companies who were unlicensed agents prior to effective date of Sections 375.012 through 375.028, Cum. Supp.
42-66 Feb 1 Opinion letter to Colonel E. I. Hockaday
43-66     Withdrawn
44-66 June 16 MOTOR VEHICLES.
FARM VEHICLES.
Farm tractors are required by Section 304.010 to be operated at a minimum speed of 40 miles per hour on interstate highways.
48-66 Sept 22 UNIFORM COMMERCIAL CODE.
SECRETARY OF STATE.
RECORDER OF DEEDS.
PUBLIC RECORDS.
Pursuant to the authority of Section 400.9-407, RSMo Cum. Supp. 1965, county recorder of deeds shall conduct lien searches when requested to do so by nonstandard forms even though the Secretary of State has approved Missouri Uniform Commercial Code Form UCC-11 for such use.
49-66 Jan 12 SECRETARY OF STATE.
UNIFORM COMMERCIAL CODE.
PHOTOCOPIES.
SIGNATURES.
FILING.
Photocopies of a security agreement or financing statement containing the photocopied signatures of both parties is entitled to be filed of record providing it meets all the other requirements of the Code and the proper fee is tendered. The Secretary of State should accept all instruments for filing where the instrument meets the formal requirements of the Code and administratively reject those that do not meet the requirements of the Code.
50-66     Withdrawn
52-66 Feb 1 MOTOR VEHICLES.
TRUCKS.
FREIGHT TRANSPORT MOTOR VEHICLES.
HIGHWAY DEPARTMENT.
DRIVEAWAY OPERATION.
1. Freight transport motor vehicles are limited by Sec. 304.170 RS Cum Sup 1965 to the lengths herein explained.
2. The combination of vehicles referred to in Fig. 6 is not a “driveaway operation”.
3. The authority of the Highway Commission under Sec. 304.170 RS Cum Supp 1965 is limited to designating highways on which vehicles not to exceed 65 feet may operate.
53-66 Apr 20 CRIMINAL CODE.
MILEAGE.
SHERIFF.
COUNTIES.
EXTRADITION.
Sheriff’s mileage incurred in returning an escaped felon from without the state is not taxable as criminal costs to be paid by the state.
54-66 Apr 27 SCHOOLS.
ATTENDANCE OFFICER.
SUPERINTENDENT OF PUBLIC WELFARE.
THIRD CLASS COUNTIES.
When vacancy exists, which will not be filled in office of county superintendent of schools of third class county, County Court of such county may, in its discretion, by following procedure of Section 205.850 RSMo 1959, appoint a county superintendent of public welfare, who shall assume all powers and duties of school attendance officer of said county.
56-66 Jan 27 CRIMINAL COSTS.
INSANE PERSONS.
CRIMINAL INSANE.
MENTAL ILLNESS.
A mental examination granted a defendant under the provisions of Section 552.030, RSMo. Supp. 1965, by a physician of his own choosing and subsequent to the examination of the physician appointed by the court, is an examination incurred on behalf of the defendant and neither such examination nor subsequent testimony in the case may be taxed as costs against the State.
57-66 Jan 19 STATE REPRESENTATIVE.
REAL PROPERTY APPRAISER.
PROBATE COURT.
A state representative may serve as real property appraiser for the Probate Court in Jackson County, without violating any state statute or Article III, Section 12 of the Missouri Constitution.
61-66 Feb 25 STEALING.
LARCENY.
EMBEZZLEMENT.
LEASED PROPERTY.
PERSONAL PROPERTY.
CRIMINAL LAW.
Lessee of personal property is guilty of stealing personal property where, with the required specific intent, he fails to return the property at the time and place required by the lease.
63-66 Aug 26 PRISONERS.
CONSTITUTIONAL LAW.
LEGISLATURE.
CLAIMS.
A person erroneously convicted does not have a “legal claim” against the state and the legislature may not make a grant for his relief under our present Constitution. An amendment to the Constitution would be necessary to authorize passage of enabling laws to accomplish this.
64-66 Dec 9 INSURANCE.
TAXES.
STATE.
Under 375.180 the tax on net premiums is imposed upon the agent and may be recovered through the premium charged from the state as purchaser of insurance. Under 375.190 the tax on net premiums is imposed upon the purchaser and may not be recovered from the state as purchaser of insurance.
65-66 Jan 18 Opinion letter to the Honorable James Millan
66-66 Jan 12 TAXATION.
MERCHANTS TAX.
MANUFACTURERS TAX.
County collectors are entitled to charge to and collect from persons paying merchants and manufacturers taxes that become delinquent January 1, 1966, and January 1 each year thereafter the two per cent commission allowed for the collection of delinquent and back taxes pursuant to Section 52.290 RSMo, in addition to the interest and penalties provided by Senate Bill No. 356, 73rd General Assembly, Section 150.235 RSMo Cum. Supp. 1965.
68-66 May 6 LABOR ORGANIZATION.
NEGOTIATION.
PUBLIC BODY.
POLITICAL SUBDIVISION.
CITIES.
SCHOOLS & SCHOOL DISTRICTS.
COLLECTIVE BARGAINING.
STATE.
STATE OFFICERS.
STATE BOARDS AND COMMISSIONS.
1. A representative of a public body may in its discretion meet with a representative of employees and talk about problems of mutual interest. This does not include the right or power to engage in collective bargaining. 2. If an understanding is reached between representatives of the public body and representatives of the employees the understanding shall be reduced to writing, but does not constitute a contract, and shall be submitted to the public body for appropriate action. 3. Any public body has the right and power to discuss matters of mutual interest with its employees or their representatives.
69-66 Feb 28 DRIVERS LICENSES.
DRIVERS LICENSE SUSPENSION.
DRIVING WHILE INTOXICATED.
MOTOR VEHICLES.
The revocation of the operator’s license of one who has refused to take a chemical breath test as provided in Sections 564.441 and 564.444, RSMo Supp., 1965, may not be rescinded except for those reasons set out in paragraph 2 of Section 564.444 and is not affected by a subsequent finding of not guilty of a charge of driving while intoxicated under Section 564.440, RSMo Supp., 1965.
70-66 Mar 21 Opinion letter to the Honorable Thomas A. David
71-66     Withdrawn
72-66 Mar 17 AUTOMOBILES.
DRIVERS LICENSES.
LICENSES.
MOTOR VEHICLE EQUIPMENT.
MOTOR VEHICLES.
A conviction for operating a motor vehicle without headlights or taillights or with no stop or brake lights or with defective or inadequate brakes is for a violation of a vehicle equipment provision and is excepted from the assessment of points under Section 302.302-1 (1).
74-66 Mar 17 CITIES.
INCORPORATION OF CITIES.
COUNTIES, FIRST AND SECOND CLASS.
Section 72.085, RSMo Cum. Supp. 1965 provides an alternative method of incorporating cities in First and Second Class Counties having charter form of government.
75-66 June 2 ARREST.
CITIES, TOWNS AND VILLAGES.
A police officer of a third class city can make an arrest under authority of a warrant issued by such city at any place within the limits of the county within which the city is located.
76-66 Mar 22 REGISTRATION OF VOTER.
VOTER REGISTRATION.
COUNTY CLERKS.
CITY CLERKS.
A city clerk is not entitled to pay as deputy voter registration officer under Section 114.100, VAMS. The county clerk is required to furnish three registration cards to absentee voter.
78-66 May 4 COURTS.
MAGISTRATE COURTS.
CIRCUIT COURTS.
CRIMINAL LAW.
MISDEMEANORS.
JURISDICTION.
TRAFFIC REGULATION.
The Prosecuting Attorney may at his discretion file misdemeanor charges for traffic offenses in the circuit court, and may file a traffic ticket as the information, provided the traffic ticket complies with the requirements of law for informations.
79-66 Mar 17 NON-TEACHER RETIREMENT.
SCHOOLS.
JUNIOR COLLEGES.
Employees of the junior college districts are not members of the Non-Teacher School Employee Retirement System (Sections 169.600 – 169.710, RSMo. Supp. 1965).
81-66 Apr 8 INSURANCE.
INSURANCE – CORPORATE NAME.
CORPORATIONS.
CORPORATIONS – NAME.        
Foreign insurance company cannot be authorized to do business under name same as or similar to existing domestic or foreign insurance company.
84-66 Oct 27 DRIVERS LICENSE.
DRIVERS LICENSE REVOCATION.
DRIVING WHILE INTOXICATED.
MOTOR VEHICLES.
The only appeal from the revocation of a person’s drivers license pursuant to Section 564.444, RSMo Cum. Supp., for refusing to submit to the chemical breath test provided thereon, is as provided by paragraph 2 of that section.
In such appeal the burden is upon the state, acting through the local prosecuting attorney, to show by a preponderance of the evidence that: (l) The person was arrested; (2) The arresting officer had reasonable grounds to believe that the person was driving a motor vehicle while in an intoxicated condition; and (3) The person refused to submit to the test. If that burden of proof if sustained by the state, then the court should affirm the order of the Director of Revenue.
85-66 Sept 22 HOSPITAL DISTRICTS.
POLITICAL SUBDIVISION.
FINANCIAL REPORTS.
A county hospital organized pursuant to Section 205.160 and related sections is a political subdivision of this state insofar as Section 105.145 RSMo Supp. 1965 is concerned and must cause to be prepared and filed an annual financial report pursuant to Section 105.145, RSMo. Cum. Supp. 1965.
87-66 Mar 17 LOBBYIST.
LOBBYING.
LEGISLATION.
The representative of Christian Scientists who attempts to influence legislation is regulated by Section 105.470 RSMo Cum. Supp. 1965.
88-66 June 2 COUNTY OFFICERS.
COUNTY BOARD OF EQUALIZATION.
Members of the county board of equalization appointed by the city council under the provisions of Section 138.015, RSMo 1959, are entitled to five dollars per day compensation by the county as provided for in Section 138.020, RSMo. Supp. 1965.
89-66 Feb 16 COUNTY CLERKS.
DEPUTY COUNTY CLERKS.
DEPUTY COUNTY CLERKS, ALLOWANCE TO OFFICE FOR COMPENSATION.
The amount of money available to County Clerks in Third Class Counties under Section 51.450, RSMo Cum. Supp. 1965, for deputies and assistance does not have to be prorated but the entire amount may be used during the year 1965.
90-66 Mar 21 DRAINAGE DISTRICTS.
WARRANTS.
Warrants issued by a Circuit Court Drainage District organized under Chapter 242, RSMo 1959, are valid if provisions thereof are met.
91-66 Aug 30 TAXATION.
MILITARY PERSONNEL.
Non-resident military personnel who is or has personal property temporarily in this state does not owe personal property tax to the state.
92-66 Aug 30 COUNTIES.
COUNTY COURT.
FRANCHISE.
The County of Jefferson cannot by ordinance grant to Jeffco Cablevision, Inc., a right or an exclusive right to operate for a certain period, a community antenna and cable system in Jefferson County.
95-66 Feb 16 TAXATION.
MILITARY PERSONNEL. COUNTY COLLECTOR.
Nonresident military personnel having personal property in Missouri can obtain a certificate of no tax due from the county collector. The collector, in the exercise of his discretion and judgment determines whether such military personnel is a bona fide nonresident within the purview of Section 301.025, RSMo 1959.
96-66 Mar 3 Opinion letter to the Honorable Daniel V. O’Brien
97-66 Feb 1 Opinion letter to the Honorable John C. Vaughn
98-66 Mar 24 AUTOMOBILES.
DRIVERS LICENSES.
LICENSES.
MOTOR VEHICLES.
POINT SYSTEM.
REVOCATION OF LICENSE.
Driving without a valid chauffeurs’ or operators’ license constitutes a “moving violation” as that term is used in Section 302.302-1(1), RSMo. Supp. 1965, and a conviction thereof requires an assessment of two points.
99-66     Withdrawn
100-66 Jan 18 SCHOOLS.
CONSTITUTIONAL LAW.
COOPERATIVE AGREEMENTS.
PREKINDERGARTEN.
ECONOMIC OPPORTUNITY ACT.
ELEMENTARY AND SECONDARY EDUCATION ACT.
(1) School boards have the power to provide for the education of residents under five years of age. (2) Except as to those entitled to admittance as a matter of right, school boards have the power to regulate admittance ages. (3) As prescribed by Section 177.031, RSMo. Supp. 1965, school boards have the power to permit the free use of school buildings and facilities for prekindergarten programs. (4) School districts have the power to contract and cooperate with the Federal Government or its agencies or with a community action organization for the purpose of conducting prekindergarten programs under the Economic Opportunity Act and/or the Elementary and Secondary Education Act. (5) Article III, Section 38(a), Missouri Constitution 1945, authorizes school boards to receive Federal monies and to conduct  prekindergarten programs as designated by the Federal Economic Opportunity Act and the Elementary and Secondary Education Act.
103-66 Mar 17 LIBRARY DISTRICTS.
CITY AND COUNTY.
MERGER.
EFFECTIVE DATE.
When a municipal library district becomes part of a county library district, pursuant to Section 182.030 RSMo 1959, beginning date of next fiscal year of the county library district following election in said municipal library district favoring merger, will be effective date of merger of such library districts.
104-66 Mar 8 COUNTY COURTS.
SPECIAL ROAD DISTRICT.
The County Court is not required to deliver road machinery to a special road district unless the territory was in a pre-existing road district.
110-66 Apr 27 BLOOD SAMPLES.
CORONERS.
AUTOPSY.
Neither the Greene County Coroner nor members of the Highway Patrol have authority to withdraw a sample of blood from the body of an individual killed in an automobile accident when no inquest is held.
111-66 Nov 15 INSURANCE.
MUTUAL INSURANCE COMPANIES.
Farmers Mutual Insurance Companies may not be authorized by the Superintendent of Insurance to do an insurance business outside the State of Missouri.
115-66 June 16 LIENS.
MOTOR VEHICLES.
MOTOR VEHICLE REGISTRATION.
When a new or used car is purchased in Missouri, a lien becomes perfected under Section 301.600, RSMo Supp. 1965, upon delivery to the Director of Revenue of either the existing title or manufacturer’s certificate of origin and the new owner’s application for title consisting of any one of the copies of Department of Revenue form number MMV-1-R2 along with the one dollar fee as required by Section 301.190, RSMo Supp. 1965.
Payment of the Missouri Sales Tax is not necessary to perfect a lien.             
117-66 Jan 11 Opinion letter to Mr. G. L. Donahoe
118-66 Feb 2 FINANCIAL STATEMENTS.
WATER SUPPLY DISTRICTS.
A public water supply district, formed under the provisions of Section 247.010 to 247.220, required to file financial reports.
120-66 Sept 8 DEPOSITS IN COURT.
CIRCUIT COURT.
CIRCUIT CLERKS.
The circuit clerk of a first class county has the discretionary power and authority to invest funds deposited in the registry of the court in the manner provided for in Section 483.310, RSMo 1959, and to use the income derived therefrom as provided therein.
123-66 Mar 28 NURSING HOMES.
NURSING HOME DISTRICTS.
COUNTY COURT.
INDIGENTS.
1. Nursing home districts have no authority to accept and admit indigent persons to nursing homes without payment of fees.
2. The nursing home tax under Section 198.250, RSMo Cum. Supp., 1965 may be used for any of the purposes authorized by the nursing home law, Sections 198.200 to 198.350, RSMo Cum. Supp., 1965.
124-66 Feb 16 Opinion letter to the Honorable Don E. Burrell
125-66 Jan 18 CITY OF ST. LOUIS.
REGISTRAR.
COUNTY CLERK.
Sec. 51.150, RSMo Cum. Supp. 1965, applies to the City of St. Louis. The registrar of the City of St. Louis is authorized to perform the duties of County Clerk as provided by Sec. 51.150, supra.
127-66 Mar 21 COUNTY AUDITOR. The office of county auditor in Cape Girardeau County will not exist until January 1, 1967. The Governor may make an appointment after that date to fill the vacancy.
129-66 June 22 Opinion letter to the Honorable Warren E. Hearnes
130-66 Mar 22 JUVENILE OFFICERS.
JUVENILE COURTS. COUNTIES.
The phrase, “engaged full time” as used in Section 211.393, RSMo. Supp. 1965, means that the juvenile officer, in order to qualify for the statutory contribution by the State of Missouri, may not hold another office or position and may not engage in any activity which would impair his ability to faithfully perform his duties as juvenile officer. Under this section it is only the juvenile officer who may qualify for the payments by the State of Missouri.
131-66 May 26 COUNTY COURTS.
CITIES, TOWNS AND VILLAGES.
ROADS.
STREETS.
A county court may expend monies from its Class 6 funds on streets of cities, towns and villages only when they are properly designated county roads and form a part of a continuous road or highway of said county leading into or through such city, town or village.
132-66 Feb 16 LIQUORS. It is unlawful under Section 311.070, RSMo 1959, for the Anheuser-Busch Employees Association to operate a package liquor store and a tavern for on-premise consumption for 5% beer and intoxicating liquor.
133-66 Dec 6 PARKS.
DAMS.
RESERVOIR.
COUNTY PARKS.
COUNTIES.
RECREATION GROUNDS.
Clay County cannot spend its funds for the improvement of a reservoir located in Clinton County until such time as Clay County and Clinton County adopt a plan to cooperate under the authority of Sections 64.750 and 64.780 Cum. Supp. 1965, and said two counties may then properly develop the projects of their natural resources for the mutual benefit of the people of each county.
137-66 May 23 COUNTY BOARDS OF EDUCATION.
SCHOOLS. REAPPORTIONMENT.
1. Where county court district boundaries are changed by the county court a county board of education member who as a result of the changed boundaries no longer resides in the county court district from which he elected is not disqualified as a member of the board but may continue to serve until the expiration of his term. 2. At the next county board of education election subsequent to the change of county court district boundaries, the expiring positions should be filled by one member elected from each county court district as these districts exist at the time of the election.
138-66     Withdrawn
139-66 Feb 25 SCHOOL BONDS.
BOARD OF REGENTS.
BOARD OF TRUSTEES.
JUNIOR COLLEGES. SENIOR COLLEGES.
Under the current statutes, there have been two independent boards created to govern the Jasper County Junior College and if organized, the Missouri Southern State College at Joplin, Mo. Each Board has defined statutory duties. The Board of Trustees is the proper agency to call an election; and where approved by popular vote, to issue bonds, to sell the bonds as obligations of the Junior College District and to levy taxes pay the principal and interest thereon.
144-66 Feb 16 ELECTIONS.
VOTER REGISTRATION.
RECORDS.
COUNTY CLERKS.
Voter registration records consisting of pink, blue and white copies of registration sheets required to be kept by the county clerk pursuant to Sections 114.130 and 114.140, RSMo, shall be available for public inspection.
145-66 Sept 15 INSURANCE.
INSURANCE AGENTS.
CORPORATIONS. LICENSES.
A corporation may not be a licensed insurance agent. Therefore, an insurance company cannot pay agent’s commission to a corporate insurance agency.
146-66     Withdrawn
148-66 Mar 8 COUNTY COURTS.
CIRCUIT JUDGES. SALARIES.
With respect to judicial circuits comprising two or more counties, none of which is a county of the second class, unless the county courts of all such counties order an increase of the salary of the circuit judge, none of the counties may lawfully pay any salary in addition to the annual salary of $16,000 payable by the state. No lesser or greater amount than $3,000 can be paid to such judge by the counties composing such circuit.
150-66     Withdrawn
152-66 Mar 28 ELECTIONS.
ABSENTEE BALLOTS.
COUNTY CLERKS.
With respect to the provisions of Section 112.060, RSMo 1959, in the event that the central committees of the dominant political parties submit lists of persons who are unable or unwilling to serve and are therefore less than double the number required by law the county clerk or the board of election commissioners may select persons of the proper political faith from outside the lists to make up double the number required and may appoint therefrom. In the event that all of the persons on the lists submitted by the central committees refuse to serve, the county clerk or the board may act as though the committee had failed to present a list of names as required and may, themselves, select and appoint the requisite number as required and provided by law for the party for the purpose of opening and counting the absentee vote.
154-66 Aug 5 Opinion letter to the Honorable W. D. Hibler, Jr.
155-66     Withdrawn
157-66     Withdrawn
158-66 Feb 3 Opinion letter to the Honorable James G. Lauderdale
159-66 Mar 8 Opinion letter to the Honorable William H. Bruce
160-66 July 1 Opinion letter to the Honorable Jack L. Duncan
163-66 June 22 Opinion letter to Mr. Charles Claflin Allen
164-66 June 2 SCHOOLS.
TEACHERS.
LICENSES.
RELIGION.
STATE BOARD OF EDUCATION.
(1) Where an applicant for a public schoolteacher certificate has the required amount of academic and professional preparation as required by Section 168.021, RSMo. Supp. 1965, and has presented evidence of good moral character as provided by Section 168.031, RSMo. Supp, 1965, the State Board of Education must issue a certificate; (2) The legislature in prescribing the requirements for certification as a public schoolteacher has not required that the applicant be presently employable, nor has it prohibited a cleric or religious from being certificated. The State Board of Education cannot lawfully add such as prerequisites in excess of those prescribed by statute; (3) Membership in the ordained clergy or in a religious order does not prevent a qualified person from being lawfully employed as a teacher of secular subjects in a public school; (4) An obligation to remit all or part of his salary to a religious organization or church does not prevent a qualified person from being lawfully employed as a public schoolteacher; (5) The teaching of religion as such in the public schools by any person is prohibited; (6) In the absence of a valid statute or judicial decree meeting requirements of due process of law, a qualified person cannot be excluded from employment as a public schoolteacher because he has taken a religious vow.
165-66 Dec 6 INSURANCE.
CONDOMINIUMS.
Loss payable clause to mortgagee in policy insuring condominium property is ineffective. 448.120 requires proceeds of policy to be paid to manager or board of managers.
166-66 May 3 Opinion letter to the Honorable Bob F. Griffin
167-66     Withdrawn
169-66 Apr 20 Opinion letter to the Honorable Thomas A. David
172-66 Mar 17 CHARITIES.
CORPORATIONS.
NOT FOR PROFIT CORPORATIONS.
NURSING HOMES.
PROPERTY TAX.
PROPERTY TAX EXEMPTION. TAXATION-EXEMPTION.
The property of a private non-profit corporation organized to provide low rent housing for the aged is not exempt from real and personal property taxes under Section 137.100, RSMo, if the rentals exceed the operating and maintenance costs of the corporation.
173-66 Oct 11 CHARITIES.
SCHOLARSHIP FUND.
SCHOOLS.
STATUTORY CONSTRUCTION.
TAXATION – EXEMPTIONS.
TAXATION – SALES-USE TAX.
The phrase “supported by public funds or by religious organizations” as used in Section 144.040, RSMo, modifies only “educational institutions” and a religious, charitable or eleemosynary institution may be exempt from payment of sales and use taxes even though they are supported entirely by private funds. Thus the John J. Dwyer Funds, Inc., an organization incorporated to provide scholarships to worthy students using funds donated by private persons or firms, is exempt as a charitable organization from the payment of sales and use taxes under Section 144.040, RSMo.
174-66 Feb 17 Opinion letter to Mr. Joseph Jaeger, Jr.
175-66 Mar 2 ELECTIONS.
PRECINCTS.
Election precincts in the City of St. Louis may be established according to the number of registered voters rather than the population of an area.
176-66     Withdrawn
177-66 May 31 NEPOTISM.
PUBLIC OFFICERS.
SCHOOLS.
School director causing appointment of relative violates constitutional nepotism provision. Violator forfeits his office, but may not be prosecuted.
178-66     Withdrawn
179-66     Withdrawn
180-66 Apr 14 SCHOOL DISTRICTS.
CONSOLIDATION.
Sections 162.211(3) and 162.221 et seq., RSMo. Supp. 1965, are applicable to six-director school districts of St. Louis County, and 25 voters of such districts may petition for the establishment of a six-director district which combines adjacent districts.
181-66 Feb 25 Opinion letter to the Honorable James L. Paul
183-66 June 28 CORONERS.
PROSECUTING ATTORNEYS.
PHOTOGRAPHS.
COUNTY BUDGET.
(1) The Coroner of a 3rd class county, a photographer, could not be paid out of county funds, as a coroner for photographs taken at the scene of a crime;
(2) the Prosecuting Attorney is authorized to spend whatever is necessary in preparation of cases for trial subject to budget provisions of statutes.
184-66 July 28 TAXATION.
SERVICEMEN.
PERSONAL PROPERTY.
MILITARY SERVICE.
RESIDENTS.
NONRESIDENTS.
Nonresident servicemen stationed in Missouri are not liable for personal property taxes on personal property they bring with them. Resident servicemen are responsible for personal property taxes whether such tangible personal property is located in the state or out of state.
185-66     Withdrawn
186-66 Feb 25 Opinion letter to the Honorable Haskell Holman
188-66 July 28 LOTTERIES.
CHAIN LETTERS.
A chain letter scheme whereby a person purchases a letter for ten dollars and can possibly receive a profit of $320 if the chain is not broken is a lottery under Section 563.430, RSMo Supp. 1965.
189-66 May 26 PEACE OFFICER.
CONSERVATION AGENT.
ASSAULT.
Within the context of Section 557.215, RSMo 1965 Cum. Supp., making it a felony to assault a “peace officer” while in the performance of his duties, the term “peace officer” includes agents of the conservation commission and deputy boat commissioners.
190-66 Apr 20 COUNTY COURTS.
CIRCUIT JUDGES.
SALARIES.
STATUTES.
Pursuant to Section 478.013, RSMo. Cum. Supp. 1965, (1) it is mandatory that the circuit judge or judges of a judicial circuit composed of two or more counties, one of which is a county of the second class, shall each receive $3,000 payable by the counties composing the circuit, with each county contributing a proportionate part thereof, determined by the ratio that the population that each county bears to the population of the entire circuit; (2) the judge or judges of a circuit composed of or within a single county are not entitled to receive any greater annual compensation than $19,000, including such part as may be paid by such county.
192-66 Apr 27 HOSPITALS.
HOSPITAL DISTRICTS.
ELECTIONS.
BONDS.
Hospital district pays election expense for election of members of hospital board and election for bond issue of district.
196-66 Mar 28 NURSING HOMES.
COUNTY MEMORIAL HOSPITALS.
MATCHING STATE FUNDS.            
County nursing homes, established under Chapter 205, are not eligible for matching state funds as provided in 184.290, because county nursing homes cannot, by definition, be termed county memorial hospitals or additions thereto.
198-66 Oct 11 CHARITIES.
NURSING HOMES.
STATUTORY CONSTRUCTION.
TAXATION – EXEMPTIONS.
TAXATION – SALES-USE TAX.
The Articles of Incorporation and by-laws of Kabul Nursing Homes, Inc., would permit its being considered a charitable institution and hence exempt from imposition of sales taxes under Section 144.040, RSMo, if, as matter of fact, the operation of the home is such as to entitle it to be a charitable institution.
199-66 Mar 22 SURPLUS COMMODITIES PROGRAM.
DIVISION OF WELFARE.
Carter County is entitled to reimbursement by the Division of Welfare for 50% of the sums expended by the county under the Surplus Agricultural Commodities Program, and that the fact the county may be reimbursed for part or all of the remaining 50% of the sums expended from Federal funds under the Economic Opportunity Act, does not abrogate their right to reimbursement by the Division of Welfare under Section 205.960, RSMo. Supp. 1965.
201-66 Aug 30 COUNTY SUPERINTENDENTS.
COUNTY BOARD OF EDUCATION.
SCHOOLS.
Where the county superintendent is incapacitated or the office is vacant, then it is the duty of the county board of education, pursuant to Sect ion 162.161(6), RSMo Supp. 1965, to designate some person to perform the duties imposed by Section 168.051, RSMo Supp. 1965, on the office of county superintendent; and that all fees collected under Sect ion 168.051 are to be disposed of and accounted for as therein provided.
202-66 Mar 17 FENCES.
STATES.
COUNTIES.
STATUTES.
A farm owner cannot require the state or a county to share the cost of building fences pursuant to the fencing statutes.
204-66 Mar 28 ELECTIONS – CONGRESSIONAL DISTRICTS.
CONGRESSIONAL DISTRICTS – PRECINCTS.
PRECINCTS – CONGRESSIONAL DISTRICTS.
Composition of Congressional Districts is determined by precincts existing on date designated by congressional districting statutes.
206-66     Withdrawn
207-66 Mar 1 Opinion letter to Mr. Howard J. Turnbull
208-66 Mar 1 Opinion letter to the Honorable G. Andy Runge
209-66 Aug 15 Opinion letter to the Honorable Elva D. Mann
211-66     Withdrawn
213-66 Apr 27 MOTOR VEHICLES.
TRUCKS.
TRAFFIC REGULATIONS. WEIGHT REGULATIONS.
Pursuant to Section 304.230, RSMo. Cum. Supp. 1965, on roads other than the federal interstate system of highways, a truck operator is permitted to shift the weight on an overloaded axle or axle group in such a way as not to overload any axle or axles without being charged with a violation, even though this be accomplished without removing or redistributing any part of the cargo on the truck; provided that an operator is guilty of a violation who thereafter intentionally shifts the weight in any manner so as to over load any axle or axles.
214-66     Withdrawn
216-66 May 3 Opinion letter to the Honorable Charles H. Baker
218-66 May 23 INITIATIVE.
COUNTY COUNCIL.
ST. LOUIS COUNTY CHARTER.
For the purpose of determining the sufficiency of initiative petitions under the St. Louis County Charter the petitions must be signed by at least 5 percent of the total vote cast for governor at the last election in at least 5 of the Council districts from which presently serving councilmen were elected.
224-66 June 7 COUNTIES.
COUNTY COURTS. PUBLIC ROADS.
The County Court of Washington County must comply with the method of letting contracts for the construction of roads, as provided in Section 229.050, RSMo 1959, when the estimated cost thereof exceeds the sum of $500.
228-66 Dec 9 SCHOOLS.
ANNEXATION.
ELECTIONS.
A school annexation election under Section 162.441 RSMo Supp. 1965, may be held within less than two years of a prior annexation election where the subsequent election involves a different proposal.
230-66 Mar 29 COUNTIES.
CITIES, TOWNS AND VILLAGES.
COLLECTORS.
COUNTY COLLECTOR.
ST. LOUIS COUNTY.
St. Louis County, Missouri, has the power to contract with third and fourth class cities of that county to have the county collect city real and personal property taxes.
232-66 Aug 11 LIQUOR. A suspension of imposition of sentence after a finding of guilty is not a conviction within the meaning of the Liquor Control Law, Chapter 311, RSMo, and the Nonintoxicating Beer Law, Chapter 312, RSMo.
234-66 Mar 29 PROSECUTING ATTORNEYS.
COUNTIES.
CHARTER COUNTIES.
LEGISLATURE.
The legislature may validly pass a statute requiring the Prosecuting Attorney of a Constitutional Charter County to devote full time to his duties.
236-66 June 24 Opinion letter to Mr. Lowell McCuskey
237-66 Mar 22 STATE REPRESENTATIVES.
HOUSE OF REPRESENTATIVES.
FILING.
CANDIDATES.
Declarations of candidacy that have heretofore been filed with the Secretary of State for the Office of State Representative, prior to the filing by the House Apportionment Commission of its final report with the Secretary of State, are invalid.
239-66 Apr 26 JUNIOR COLLEGE DISTRICTS.
ADULT EDUCATION.
SCHOOLS.
COOPERATIVE AGREEMENTS.
FEDERAL GOVERNMENT.
(1) A junior college district has the power to provide adult basic education for residents without regard to age; (2) Junior college districts are authorized to provide adult education gratuitously out of revenues derived by the school district from sources other than those described in Article IX, Section 3, of the State Constitution, and only with revenues which are not required for the establishing and maintaining of free public schools for persons between the ages of 6 and 20 years; (3) Junior college districts can contact and cooperate with the Federal Government and provide a local matching share in cash for adult basic education programs under the Economic Opportunity Act of 1964; (4) A junior college district may accept donations of money which are given to provide for the financing of an adult basic education program.
245-66     Withdrawn
247-66 Sept 1 MERCHANTS.
TAXATION.
CONSIGNMENT.
Those dealers are liable for the merchants tax set out in Chapter 150, RSMo, upon goods stored in a warehouse pursuant to a consignment agreement between such dealers and the shippers of such goods, such agreement providing that the dealers have control of such goods and, whereunder such dealers may remove goods from the warehouse to be placed for sale by the dealers from time to time as needed.
249-66 June 7 AIR CONSERVATION COMMISSION.
MERIT SYSTEM.
1. The position of executive secretary to the Air Conservation Commission is a merit system employee.
2. The secretary of the executive secretary is a merit system employee. 3. All other employees of the Air Conservation Commission are merit system employees except those specifically exempted by Section 191.070, RSMo 1959. 4. The Air Conservation Commission has the power under Section 203.040(4), RSMo Cum. Supp. 1965, to fix the salary of the executive secretary, not to exceed twelve thousand dollars per annum.
251-66 July 14 VOTING.
MILITARY PERSONNEL.
NON-PAYMENT OF TAXES.
Military Personnel, at Fort Leonard Wood who are qualified may register and vote in County where reservation is located, if they have established residence in the State of Missouri.
Non-payment of taxes cannot disqualify them.
252-66 Nov 22 CHAUFFEURS LICENSE.
MOTOR VEHICLE OPERATORS LICENSE.
DECAL.
It is unlawful for any person to display or permit to be displayed, or to have in his possession any chauffeur’s license or motor vehicle operator’s license knowing the same to have been altered by the affixing thereto of a decal.
253-66     Withdrawn
257-66 Apr 27 Opinion letter to the Honorable James L. Paul
260-66 May 26 FIREARMS – CONCEALABLE.
PERMIT TO OBTAIN.
Nonresident of this State may not acquire a permit to obtain firearms of a concealable nature.
261-66     Withdrawn
263-66 Apr 6 COURTS.
MOTOR VEHICLES.
HARDSHIP DRIVING PRIVILEGES.
ST. LOUIS COURT OF CRIMINAL CORRECTION.
The St. Louis Court of Criminal Correction has concurrent jurisdiction with the Circuit Courts of the City of St. Louis to hear applications and to grant hardship driving privileges under the terms and conditions specified in Section 302.309-3, RSMo. Supp. 1965.
269-66 May 12 Opinion letter to the Honorable Jack J. Schramm
270-66 Aug 16 WORKMEN’S COMPENSATION LAW.
WORKMEN’S COMPENSATION, DIVISION OF.
INDUSTRIAL COMMISSION.
RECORDS.
Section 287.380 RSMo. Cum. Supp. permits the Division of Workmen’s Compensation and the Industrial Commission to disclose records in their discretion to persons other than parties of the compensation proceedings.
272-66 Apr 20 Opinion letter to the Honorable Robert Devoy
273-66 Apr 27 Opinion letter to the Honorable David Thomas
274-66 June 27 Opinion letter to the Honorable Ray V. Jeffrey
275-66 June 16 HABITUAL CRIMINAL ACT.
SENTENCE.
PUNISHMENT.
SECOND OFFENDER.
EVIDENCE.
A hearing to determine if an accused is a second offender should be conducted by the court outside the presence of the jury at a time which will be least disruptive of the trial. Proof of prior convictions may be in the form of authenticated copies of former judgments. Identification may be made through commitment papers. Punishment may be assessed by the court at any time after verdict if the accused is found to be a second offender, but sentence is not actually imposed until the judgment is rendered.
276-66 Apr 29 Opinion letter to the Honorable Paul E. Williams
279-66 July 27 NEPOTISM.
PROBATE JUDGE.
PROBATE COURT.
INHERITANCE TAX APPRAISER.
The Nepotism provision of Article VII, Section 6, of the Constitution is not violated by the appointment by the Probate Judge of his father as Inheritance Tax Appraiser.
282-66     Withdrawn
285-66     Withdrawn
287-66 Apr 20 Opinion letter to the Honorable Lem T. Jones
288-66 June 28 PEACE OFFICERS.
FIREARMS.
WEAPONS.
PROBATION AND PAROLE.
Probation and parole officers are exempt from the provisions of Sec. 564.610 RSMo Cum. Supp. 1965, relating to carrying concealed weapons.
289-66 Oct 18 TRANSPORTATION OF BUILDINGS.
OVER OR ACROSS PUBLIC HIGHWAYS.
TELEPHONE WIRES TELEPHONE WIRES – RAISING.
Holder of permit to move building across or over public highway under Section 229.230 to 229.260 RSMo. 1959, unauthorized to require company with telephone wires along building transportation route to raise its wires to allow building to pass underneath. Telephone wires not “transmission lines” within meaning of sections, which sections are inapplicable to telephone wires. In its discretion, company may require cash deposit in advance from permit holder to cover expense of raising wires to allow building passage thereunder.
290-66     Withdrawn
294-66 May 16 CONFLICT OF INTEREST.
LEGISLATORS.
GENERAL ASSEMBLY.
SENATORS.
REPRESENTATIVES.
1. The receipt by Representative F. E. Robinson, Knox County, of $125.00 per month as executive  Vice President of the Missouri Motel Association does not bring him within the purview of the State Conflict of Interest Law in that this amount of money does not constitute a substantial personal or private interest within the meaning of that law (2) A member of the General Assembly who has a substantial or private interest in any measure or bill proposed or pending before the General Assembly must file a written report of the nature of that interest before he passes on the measure or bill. (3) The Conflict of Interest Law, Section 105.460, RSMo Cum. Supp. 1965, applicable to members of the General Assembly does not prohibit a member of the General Assembly from voting on pending legislation even though he has a substantial personal or private interest in any pending legislation, if prior to his voting on that pending legislation he has filed a written report of the nature of his interest in that legislation with the Chief Clerk of the House or the Secretary of the Senate.
295-66 July 26 Opinion letter to the Honorable Fielding Potashnick
298-66 May 13 SCHOOLS.
JUNIOR COLLEGE DISTRICTS.
BONDS.
STATE AUDITOR.
REGISTRATION OF BONDS.
Bonds of Junior College District of Kansas City not required to be registered by state auditor.
300-66 June 23 ELECTION.
TIME.
NOTICE.
PUBLICATION.
The requirement of Section 120.390 RSMo, “to publish such notice for three consecutive weeks next prior to said primary” is satisfied by three separate insertions, one in each of three consecutive weeks, so that the last insertion occurs at the latest on the day next prior to the primary election, and at the earliest on the second Sunday next prior to the primary election.
307-66 June 13 Opinion letter to the Honorable Carl D. Gum
309-66     Withdrawn
310-66 May 20 Opinion letter to the Honorable Robert D. Scharz
311-66     Withdrawn
313-66 July 5 COUNTY BOARDS OF EDUCATION.
SCHOOLS.
There is no statutory method for breaking a deadlock in the election of president of the county board of education. Until the deadlock is resolved, the current president will continue in office pursuant to Section 105.010, RSMo 1959.
315-66     Withdrawn
316-66 June 13 Opinion letter to the Honorable James W. Williams
318-66 June 28 PERSONAL PROPERTY.
TAXES.
MILITARY PERSONNEL.
A Serviceman, resident of Missouri, although he may be outside the state on military orders is liable for taxes on tangible personal property located in Missouri on January 1st of taxable year.
319-66 June 15 Opinion letter to Mr. Vincent G. Baumann
320-66 Nov 23 LIQUOR.
CONSOLIDATION OF CITIES.
CONSOLIDATION OF MUNICIPALITIES.
CITIES, TOWNS AND VILLAGES.
If Oakland, a fourth class city under ten thousand population which has liquor by the drink, and Glendale, a fourth class city under ten thousand population which does not have liquor by the drink, consolidate under Sections 72.150 and 72.155, RSMo Supp. 1965, the new municipality will not have liquor by the drink and to have same will have to hold an election under Section 311.110, RSMo 1959, and related sections for liquor by the drink in the entire new municipality.
322-66 Sept 20 Opinion letter to the Honorable Haskell Holman
323-66 Aug 31 Opinion letter to the Honorable Henry C. Maddox
324-66 June 15 Opinion letter to the Honorable Frank M. Karsten
326-66 June 15 Opinion letter to the Honorable Eugene F. Mazzuca
327-66 July 28 PREVAILING WAGE LAW.
SOIL AND WATER CONSERVATION DISTRICTS.
POLITICAL SUBDIVISIONS.
Soil and water conservation districts created pursuant to Section 278.060 et. seq. RSMo, Cum. Supp. 1965, are contemplated by and considered as “public bodies” under the provisions of Section 290.210 (6) Cum. Supp. 1965, and are subject to the provisions of the prevailing wage law.
328-66     Withdrawn
332-66 Nov 3 DRIVERS LICENSE.
DRIVERS LICENSE REVOCATION.
DRIVING WHILE INTOXICATED.
HARDSHIP DRIVING PRIVILEGES.
MOTOR VEHICLES.
Upon proper showing, limited driving privileges may be granted pursuant to Section 302.309, RSMo Supp. 1965, to one whose license has been revoked for failure to submit to a chemical breath test as provided by Section 564.444, RSMo Supp. 1965.
337-66 Nov 23 COMPATIBILITY OF OFFICES.
CONFLICT OF INTEREST.
OFFICERS.
COUNTY CLERKS.
COUNTY SUPERINTENDENTS OF SCHOOLS.
(1) There is no automatic forfeiture of office by an incumbent county superintendent of schools who assumes the additional but compatible office of county clerk, such officer is entitled to statutory compensation during the term of his office as county superintendent of schools. (2) The employees of such office are entitled to their regular compensation for services rendered during the term of office of their superior as county superintendent of schools.
339-66 Dec 13 CORPORATIONS.
ENGINEERS.
PROFESSIONAL ENGINEERS.
Any corporation offering engineering services to the public must do so through the medium of a registered professional engineer. A company or corporation may not use the word engineer in its name to indicate to the public that it may provide professional engineering services unless there is a registered professional engineer employed by the company.
Violation of these rules constitutes a misdemeanor under Section 327.280, RSMo.
345-66 July 1 PRIMARIES.
POLLING PLACES.
DAYLIGHT SAVING TIME.
STANDARD TIME.
Rules for Opening and Closing Polls for August 2, 1966 Primary Election
346-66     Withdrawn
347-66 Aug 30 STATE EMPLOYEES’ RETIREMENT SYSTEM. (1). Upon withdrawal or discharge from service of an employee, not a member of the General Assembly, who has served less than 15 years, such employee’s accumulated contributions shall be retained by the Board of Trustees until the employee makes a written request for refund of his contributions.
(2). The Board of Trustees has no authority to determine that such a withdrawn member’s contributions shall be refunded, without a written request by the employee. (3). In the case of an employee, not a member of the General Assembly, who has served less than 15 years, upon his withdrawal or discharge from service, he ceases to be a “member” of the Retirement System without regard to whether he makes request for a refund of his contributions.
348-66 Aug 26 Opinion letter to the Honorable Thomas C. Gilstrap
351-66 Nov 1 RECORDS.
STATE RECORDS COMMISSION.
INSURANCE.
374.070 (3) authorizes Superintendent of Insurance to destroy specified records of all companies after five years.
374.070 (4) authorizes Superintendent of Insurance to destroy specified records of foreign and alien companies only after ten years. 374.070 (3) and (4) are repealed upon adoption of rules by state records commission.
356-66 Sept 1 COUNTY CLERKS.
FEES.
SCHOOLS.
Section 165.087, RSMo 1959, was repealed by implication of the statutes placing the office of county clerk on a salary basis. This section was formally repealed by Senate Bill No. 3, 72nd General Assembly, Laws 1963, p. 200.
362-66 July 26 Opinion letter to First Lt. Richard F. Whipple, USAF
364-66 July 12 Opinion letter to the Honorable Gerald Kiser
366-66 July 28 JUVENILE COURT.
JUVENILE OFFICERS.
MENTAL ILLNESS.
MENTAL HOSPITALS.
A juvenile officer is not a police officer within the meaning of Section 202.803, RSMo 1959.
371-66 Aug 30 PUBLIC ASSISTANCE.
AID TO DEPENDENT CHILDREN.
Property owned by step-parent does not render child ineligible for aid to dependent children benefits.
372-66 Sept 15 COUNTY CLERKS.
LOCAL OPTION LAWS.
The following local option laws within the meaning of Section 51.135, RSMo Cum. Supp. 1965 should be reported by the County Clerk to the Revisor of Statutes: (1) Planning and Zoning, Class two and three counties, Sections 611.510-64.690, RSMo as amended (2) Township Organization, Sections 65.010-65.050, RSMo (3) Counties may join in performance of common functions or services, including purchase, construction and maintenance of hospitals, almshouse, etc., on vote of people, Sections 70.010-70.090, RSMo (4) Local Option County Registration, Chapter 114, RSMo as amended (5) Election to abolish or retain office of county  superintendent of schools, Sections 179.210 - 179.220, RSMo Cum. Supp. 1965 (6) County Health Centers, Section 205.010, et seq, RSMo as amended (7) Eradication and control of Johnson Grass, Sections 263.255- 263.267, RSMo (8) Animals restrained from running at large, Chapter 270, RSMo (9) Fences and Enclosures, Sections 272.210-272.370, RSMo Cum. Supp. 1965 (10) Local Option Dog Tax, Sections 273.040 - 273.180, RSMo.
374-66 Aug 30 PROBATE JUDGE.
COUNTY COURT.
BUDGET.
BUDGETARY ESTIMATES.
BUDGET LAW.
A probate judge may hire additional stenographers and clerks as needed and pay them salaries up to and including the amount of the preceding year’s fees when such was included in the probate judge’s budget.
376-66     Withdrawn
377-66     Withdrawn
378-66 Nov 22 CHILDREN.
DEPENDENTS.
CHILD ABANDONMENT.
The putative father of an illegitimate child may be prosecuted for abandonment of the child under either Section 559.353 or Section 559.356, 1965 Cum. Supp., whether he has legal custody of the child or not.
381-66     Withdrawn
382-66 July 5 Opinion letter to Mr. Robert C Lindstrom
385-66     Withdrawn
387-66 Aug 11 Opinion letter to the Honorable Mark Scully
388-66 Oct 25 PREVAILING WAGES.
CONSTRUCTION WORK.
MAINTENANCE WORK.
REPAINTING.
The repainting of bridges on State highways is “construction” within the meaning of, and therefore included in the operation of, the prevailing wage law, Sections 290.210 to 290.310, RSMo, as amended.
389-66 Dec 1 CORONERS.
FUNERAL DIRECTORS.
County coroner in counties other than St. Louis and first class counties has no authority to issue blanket instructions to funeral directors or undertakers not to embalm or otherwise mutilate a dead body until he is notified.
390-66 Aug 11 LICENSES.
DRIVERS LICENSE.
BREATH TEST.
The revocation of the operators license by the Director of Revenue of one who has refused to take a chemical breath test as provided in Sections 564.441 and 564.444 RSMo Cum. Supp. 1965, should not be rescinded by the court because the offender was subsequently charged with driving while intoxicated under a county or municipal ordinance rather than the state law.
If a person refuses to take the test as provided in Section 564.441, RSMo Cum. Supp., the arresting officer should send a sworn statement to the Director of Revenue as provided in Section 564.444, RSMo Cum. Supp., regardless of what criminal charges are subsequently brought against the driver.
391-66 Nov 18 Opinion letter to the Honorable William W. Hoertel
393-66 July 26 Opinion letter to Mr. James M. Byrne
394-66 Aug 26 Opinion letter to Mr. Henry Maddox
395-66 Aug 11 Opinion letter to the Honorable Don Witt
396-66 Sept 22 SAFETY RESPONSIBILITY.
DIRECTOR OF REVENUE.
MOTOR VEHICLES.
INSURANCE.
The Director of Revenue, under the provisions of Sections 303.090 and 303.100, RSMo, shall suspend the license and registration of a person who had a judgment rendered against him resulting from an automobile accident, even though this person had a proper liability insurance policy of the requisite amount at the time of the accident but was unable to satisfy the subsequent judgment resulting therefrom because of the failure of the insurance company to meet its obligations.
397-66 Dec 9 INTEREST.
TAXATION.
TAXATION – DELINQUENT.
TAXATION – OMITTED PROPERTY.
PUBLIC UTILITIES.
UTILITIES.
Ad valorem taxes on utility property do not become delinquent and the Company subject to penalties provided for nonpayment of delinquent taxes authorized by Section 151.220, RSMo, until the thirty-first day of December next after the same are ascertained and levied. Taxes on such property are ascertained and levied by the local County Court in those counties in which the property is located as provided in Section 151.440, RSMo, only after the Court has received the certification of the State Tax Commission and the local tax assessors as to the prorated assessed value placed upon the property subject to assessment.
Since the tax on the disputed portion of the distributable property of Kansas City Power & Light Co., and on a disputed addition to its local property subject to assessment in Jackson County in the year 1965, was not certified to the County Court until July, 1966, such taxes are not delinquent nor subject to penalty for nonpayment thereof until January 1, 1967.
400-66     Withdrawn
403-66 Sept 6 Opinion letter to the Honorable Melvin D. Benitz
404-66 Aug 26   Opinion letter to the Honorable William J. Esely
406-66 Aug 12   Opinion letter to the Honorable M. E. Morris
407-66 Dec 8 GOVERNOR.
COMPTROLLER.
BUDGET.
ALLOTMENTS.
WORK PROGRAM. APPROPRIATIONS.
Interpretation of Sections 33.030 and 33.290, RSMo, respecting power of the Comptroller and Governor concerning expenditures and budgetary allotments.
412-66 Oct 25 GENERAL ASSEMBLY.
TEACHERS.
SCHOOLS.
STATE UNIVERSITY.
JUNIOR COLLEGES.
Article III, Section 12, Missouri Constitution 1945, prohibits teachers and other employees of (1) a junior college operated by a public school district, (2) a junior college district, or (3) the state university from holding the office of state senator or representative.
415-66 Oct 26   Opinion letter to the Honorable Thomas D. Graham
418-66 Sept 20   Opinion letter to the Honorable James L. Paul
428-66     Withdrawn
429-66 Nov 1 ARCHITECTS-REGISTRATION.
RECIPROCAL REGISTRATION – ARCHITECTS.
STATE BOARD OF ARCHITECTS AND PROFESSIONAL ENGINEERS.
OUT-STATE REGISTRATION – ARCHITECTS.
A resident of Missouri or elsewhere may apply to State Board of Architects and Professional Engineers of Missouri for architectural registration upon proof he is a duly registered and qualified architect in good standing in other state, provided that other state has similar registration requirements and recognizes Missouri’s registrations.
431-66 Sept 15 CIGARETTE TAX. “Bravo’s” are cigarettes made from a substitute for tobacco and are subject to the cigarette tax imposed by Chapter 149, RSMo.
432-66 Aug 22   Opinion letter to the Honorable James C. Kirkpatrick
434-66 Aug 25   Opinion letter to the Honorable John W. Gardner
436-66 Aug 30   Opinion letter to the Honorable James C. Kirkpatrick
437-66 Dec 13 CITIZENSHIP-CITIZENS.
LICENSES.
PROFESSIONAL ENGINEERS.
REGISTERED ENGINEERS.
STATUTORY CONSTRUCTION.
Exchange or reciprocal registration may be granted to an applicant under Section 327.100, RSMo, if he meets the requirements set forth therein even if the applicant is not a citizen of the United States or Puerto Rico.
440-66     Withdrawn
446-66 Aug 30   Opinion letter to the Honorable Philip V. Maher
449-66     Withdrawn
451-66 Oct 18 PROXY VOTING.
PUBLIC CORPORATIONS.
POULTRY BOARD.
BOARDS.
PUBLIC BOARDS, ETC.
A member of the poultry board may not delegate or authorize another person to vote by proxy in his place but has a public duty to be present and vote in person in the interests of the public.
454-66 Oct 21   Opinion letter to the Honorable Carl O. Brandwein
455-66 Oct 18 SCHOOLS.
SCHOOL BOARDS.
ELECTIONS.
NOMINATIONS.
TIME.
Nomination of a school director by petition in certain urban school districts as provided in Section 162.491, RSMo Supp. 1965, may be filed at any date within a reasonable time prior to the election.
458-66 Oct 17   Opinion letter to the Honorable Maurice B. Graham
462-66 Sept 8   Opinion letter to Dr. L. M. Garner, M.D.
463-66 Dec 13 TAXATION.
TAXES.
COUNTY COLLECTOR.
1) Surplus money received from the sale of real estate for taxes must, when demanded by the person entitled thereto, be paid immediately to such person. 2) The owner of real estate sold for taxes is not required to execute a deed to purchaser or any other person at any time.
464-66 Sept 8   Opinion letter to the Honorable David W. Fitzgibbon
465-66 Dec 29 CONFLICT OF INTEREST.
SOIL AND WATER CONSERVATION DISTRICTS AND SUBDISTRICTS.
SOIL CONSERVATION DISTRICT COMMISSION.
SOIL CONSERVATION SUBDISTRICT.
The appointment of a member of the state soil and water districts commission, or a member of the board of supervisors of a soil and water conservation subdistrict, or a member of the trustees to the governing body of a subdistrict as the contracting officer for a soil and water conservation subdistrict is against public policy and void.
470-66 Nov 1 COUNTY BUDGETS.
SECTIONS 50.680 AND 50.710 REPEALED BY HOUSE BILL 205.
House Bill No. 205 enacted by the 73rd General Assembly expressly repeals Sections 50.680 and 50.710, RSMo 1959, as amended and re-enacted by Senate Bill No. 3 of the 73rd General Assembly effective January 1, 1967.
The state auditor is required to develop or approve adequate budget forms for third and fourth class counties as required by Sections 50.525 to 50.745.
471-66     Withdrawn
473-66 Oct 3 ASSESSMENT.
REASSESSMENT.
REEVALUATION OF REAL PROPERTY.
BALLOTS.
The ballot proposition to be submitted to the voters under Section 137.037, RSMo Cum. Supp. 1965 requires that the dollars to pay for the cost of reevaluation of real property subject to taxation in the county should be expressed in specific figures.
478-66 Dec 22 COUNTY HOSPITAL FUNDS.
COUNTY HOSPITAL BOARD.
COUNTY TREASURER.
A county hospital board may not invest public funds in bonds or other securities unless expressly authorized by statute.
483-66 Sept 21   Opinion letter to Mr. John D. Paulus, Jr.
484-66 Dec 1   Opinion letter to the Honorable E. H. Quigg
499-66 Dec 8   Opinion letter to the Honorable Don Burrell
500-66 Nov 3 ELECTION LAWS.
ABSENTEE VOTING.
Chapter 112 on absentee balloting is mandatory in its application and limits absentee balloting to precise procedures spelled out in the statutes. An Elector wishing to vote must apply either in person or by mail for his ballot. An elector wishing to cast an absentee ballot must either return his ballot by mail or deliver it in person to the issuing officer.
502-66 Dec 9 DRIVERS LICENSE.
DRIVERS LICENSE REVOCATION.
DRIVING WHILE INTOXICATED. MOTOR VEHICLES.
The word “offense” used in subparagraphs (1), (2) and (3) of Section 564.440, RSMo Supp. 1965, refer only to violations of this section, the state law, and does not include convictions for driving while intoxicated in violation of a county or municipal ordinance.
511-66 Nov 21   Opinion letter to the Honorable Harry L. Porter
514-66 Nov 23 INCOMPATIBILITY OF OFFICES.
PROSECUTING ATTORNEY.
PUBLIC ADMINISTRATOR.
The officers of the prosecuting attorney and the public administrator are incompatible.
517-66 Dec 8   Opinion letter to Mr. Peter W. Salsich, Jr.
518-66 Dec 6 QUALIFICATION OF VOTERS.
VOTERS.
CONVICTION OF FELONY.
SENTENCES.
A voter, upon suspension of the imposition of a sentence, is not disqualified from registering and/or voting, if otherwise qualified.
522-66 Dec 8   Opinion letter to the Honorable Donald L. Gann
526-66 Dec 22 SHERIFFS.
HIGHWAY PATROL.
ARREST.
BAIL.
(1) The sheriff under Supreme Court Rule 37.485 may admit to bail a person arrested for a motor vehicle violation pursuant to the bail schedule when the courts are not open. (2) The sheriff has a duty to receive into custody persons arrested without warrant by the Highway Patrol for a motor vehicle violation.
531-66 Dec 9   Opinion letter to the Honorable Dewey L. Hankins
532-66 Dec 8 COUNTY COURT.
COUNTY COURT JUDGES.
ELECTIONS.
TIE VOTES.
(1) Section 49.040 RSMo 1959 is unconstitutional. (2) Section 111.760 is applicable to case where there is a tie vote for candidates for County Court Judge and a special election called.