1971 MISSOURI ATTORNEY GENERAL'S OPINIONS

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Opinion Date Topic Summary
3-71 Apr 26 SCHOOLS.
SCHOOL BUSES.
1. A six-director school district may enter into an agreement whereby a school bus is acquired by monthly payments so long as the district's obligation thereunder does not exceed income available for the calendar year in which the debt is contracted. 2. The obligation of a school district to return the school bus under the circumstances set forth in the agreement in question would be a "lien" or "encumbrance" under Sections 301.190, 301.600 and 301.620, RSMo 1969, and should be noted on the certificate of ownership. 3. A six-director school district may agree to pay, in addition to monthly payments, insurance premiums for property damage and liability insurance covering the buses except that the district may not use public funds to purchase liability insurance covering its own negligence.
4A-71 Feb 22 Opinion letter to the Honorable Joe D. Holt
5-71 Jan 12 TAXATION. A person who holds an unassigned certificate of purchase from a tax sale made in 1963 does not have a lien on the real estate described in the certificate, if such real estate is again sold for delinquent taxes in 1970 or subsequent years.
6-71 May 10 Opinion letter to the Honorable Corley Thompson, Jr.
7-71 Jan 27 Opinion letter to the Honorable J. H. Frappier
9-71 Mar 16 Opinion letter to Mr. William F. Moore
10-71 May 12 Opinion letter to Mr. Joseph Jaeger, Jr. and the Honorable Hardin C. Cox
11-71 Apr 6 OFFICERS.
INSURANCE.
COUNTY OFFICERS.
County court may pay premiums on group insurance policy covering county officers and employees whose salaries are set by county court or other county officers or circuit judge.
13-71 May 24 DRAINAGE DISTRICTS.
CITIES, TOWNS & VILLAGES.
1. That a city in a drainage district organized under Chapter 242, RSMo, is not exempt from the maintenance tax levied by the board of supervisors of the district. 2. That a board of supervisors of such drainage district may charge for the privilege of allowing the overflow from a city’s sewage lagoon to spill into the drainage ditch if the drainage from the sewage lagoon did not exist when the drainage district was organized.
15-71 May 10 INSURANCE.
COUNTY HOSPITALS.
(1) The board of trustees of a county hospital may not purchase liability insurance to cover their own negligence, as they are protected by sovereign immunity. (2) The county hospital board of trustees may authorize the purchase of liability insurance covering the negligence of the employees of a county hospital as a form of compensation. (3) The board of trustees of a county hospital does not waive its sovereign immunity by the purchase of a liability insurance policy covering its employees.
16-71 Opinion letter to the Honorable Peter H. Rea
18-71 Jan 13 CRIMINAL LAW.
CONSTITUTIONAL LAW.
TAXATION (INCOME).
A taxpayer who refuses to pay Missouri state income tax can be prosecuted for a misdemeanor pursuant to Section 143.330(4), RSMo 1969.
19-71 Feb 22 PROBATION AND PAROLE. Under Section 549.071, RSMo 1969, the duration of an extension of the term of probation is not limited by the original probation period so long as the total term is within the period of five years for felony cases and two years for misdemeanor cases.
20-71 Jan 22 ELECTIONS.
COMMITTEEMEN.
Section 111.171, RSMo 1969, prohibits the secretary or treasurer of a county committee, whether a member of the committee or not, from serving as an election judge or clerk in elections in which the county is involved.
21-71     Withdrawn
22-71 Apr 26 Opinion letter to Mr. Edwin M. Bode
23-71 May 5 INSURANCE. Subsection 3 of the Division of Insurance’s Regulation 3.11, which defines “replacement of life insurance” is in compliance with Section 374.045(1), (3), RSMo 1969, because such regulation is reasonably related to Section 375.936(5), RSMo 1969.
24-71     Withdrawn
26-71     Withdrawn
27-71     Withdrawn
28-71 Oct 14 Opinion letter to the Honorable James L. Paul
29-71 Feb 5 Opinion letter to the Honorable Richard M. Webster
30-71 Oct 6 Opinion letter to Mr. Joseph Jaeger, Jr.
31-71 May 5 TAXATION (SALES AND USE). The sale by Old Warson Country Club of tickets for admission to the Ryder Cup Golf Tournament is an isolated or occasional sale not subject to Missouri Sales Tax because the tournament is the first ever held by the club to which admission is charged and no future tournaments of this kind are planned or expected to be held.
32-71 Aug 18 SCHOOLS.
TAXATION (EXEMPTION).
Tangible personal property leased to a school district at a profit is not exempt from taxation under Article X, Section 6, Missouri Constitution, or under Section 137.100, RSMo 1969. Furthermore, a school district may agree, as part of the total yearly lease payment, to pay the amount of any taxes levied on the tangible personal property leased to the school district.
34-71 May 12 Opinion letter to Mr. Harvey D. Shell, P.E.
35-71 Oct 19 SOCIAL SECURITY.
COUNTY COLLECTOR.
1. The county is liable to make restitution to the collector of revenue for personal funds of the collector used to pay the county's obligation under the Social Security Law. 2. An action to recover money paid by collector of revenue for the county in connection with employers' contributions under the Social Security Act must be maintained within five years.
36-71     Withdrawn
38-71 Jan 27   Opinion letter to the Honorable Harold L. Volkmer 
40-71     Withdrawn
43-71 Jan 14 Opinion letter to the Honorable John E. Parrish
44-71 May 11 Opinion letter to Mr. Joseph Jaeger, Jr.
47-71 Jan 21 Opinion letter to the Honorable Thomas A. Walsh
48-71 May 7 BONDS.
COUNTY DUMP GROUNDS.
A third class county may levy taxes and issue bonds (but not revenue bonds) for the purposes of acquiring land and equipment and maintaining a county dumping ground. The levy may be over the maximum rate allowed by Section 137.065(1), RSMo 1969, if the provisions of Section 137.065(2), RSMo 1969, are complied with.
49-71     Withdrawn
50-71 Mar 29 Opinion letter to Mr. Joseph Jaeger, Jr.
51-71 Nov 24 Opinion letter to the Honorable Vernon Bruckerhoff
52-71 Mar 29 ELECTIONS.
BALLOTS.
When absentee ballots omit the name of a candidate of one party for an office and contain in place of such name, the name of another individual, who is not a candidate, that all straight party ballots of that particular party are to be counted as if the ballots contained the correct name of the candidate.
53-71 Apr 19 SCHOOLS.
ELECTIONS.
TAXATION (SCHOOLS).
Section 164.021, RSMo 1969, provides that a certain number of voters in a school district may petition the school board requesting that a proposal to raise the school tax rate be submitted to the voters. Upon receipt of a petition in compliance with subsection 1 of Section 164.021, RSMo 1969, the school board must determine the rate of taxation necessary to be levied in excess of the authorized rate but the board is not required to submit the rate, if any, proposed in the petition.
54-71     Withdrawn
55-71 May 27 STATE COLLEGES.
CONSTITUTIONAL LAW.
Section 39(3), Article III, Missouri Constitution of 1945, prohibits the Missouri General Assembly from authorizing Northeast Missouri State College to pay for extra work done by a contractor which was not provided for by the contract between the college and the contractor.
56-71 May 12 Opinion letter to Mr. Howard L. McFadden
57-71 Jan 25 ELECTIONS.
ABSENTEE VOTING.
A county clerk is not authorized to deliver an absentee ballot in person at a place other than his office and that the delivery of an absentee ballot in person at a place other than his office is a violation of the absentee voting laws of Missouri and constitutes a misdemeanor.
58-71 Jan 8 SCHOOLS.
JUNIOR COLLEGE DISTRICTS.
CONSTITUTIONAL LAW.
1. The amendments to Section 11(c) of Article X of the Missouri Constitution adopted by the voters on November 3, 1970, apply to junior college districts organized under Sections 178.770 through 178.890, RSMo 1969. 2. Pursuant to Section 11(c) of Article X of the Missouri Constitution, the tax rate for school purposes approved by the voters of a junior college district in 1970 will apply in 1971 (a) provided the board of trustees of the district does not propose a higher tax rate for 1971, and does not levy a lower tax rate for 1971 than that approved by the voters for 1970, or (b) if the board of trustees proposes a higher tax rate for 1971 than that approved by the voters for 1970, and the proposal is defeated by the qualified voters of the district.
60-71 Apr 9 MOTOR VEHICLES.
MOTOR VEHICLE SAFETY RESPONSIBILITY.
The Director of Revenue is required to accept and process motor vehicle accident reports involving death, personal injury or property damage in excess of one hundred dollars submitted at any time by persons connected with such accidents.
61-71 Mar 16 MOTOR VEHICLES. Municipalities have no authority to establish vehicular weight or size regulations imposing greater restrictions than state law.
62-71 Apr 9 TAXATION (INHERITANCE). The bequests to Father Edward Roche, Father Gregory Wooler and Sister Reginald Wollenshlager provided in Article III, (3), (4) and (5), respectively, of the Last Will and Testament of Bess E. Wollenshlager, deceased, are not exempt from Missouri Inheritance Tax by virtue of Section 145.100, RSMo 1969. They constitute taxable transfers under Section 145.020, RSMo 1969.
64-71 June 14 Opinion letter to Mr. Joseph Jaeger, Jr.
65-71     Withdrawn
66-71 May 7 Opinion letter to James A. Mertz, D.C.
67-71 Mar 25 CHIROPRACTIC LICENSES. 1. The State Board of Chiropractic Examiners has the authority not to renew a license to practice chiropractic for non-compliance with the two-day educational requirement or non-payment of the ten dollar annual renewal fee as required by subsection 2 of Section 331.050, RSMo 1969. 2. If there are other allegations or complaints which justify disciplinary action against a licensee, the State Board of Chiropractic Examiners must file a complaint with the Administrative Hearing Commission as provided in Section 161.282, RSMo 1969.
70-71 Dec 2 Opinion letter to the Honorable Robert A. Young
71-71 Jan 21 Opinion letter to Mr. J. E. Riney
72-71 Feb 23 WORKMEN'S COMPENSATION. The State of Missouri is required to be a self-insurer with respect to employees of the Division of Mental Health under the Workmen's Compensation Law.
73-71 Feb 11 COUNTY COURT.
CITIES, TOWNS & VILLAGES.
INCORPORATION OF CITIES.
A petition to incorporate a city or town under Section 72.080, RSMo 1969, may be filed at any time but a city or town may not be incorporated under this section unless and until the county court is satisfied that the petition is signed by a majority of the taxable inhabitants at the time the town or city is declared to be incorporated.
75-71 Feb 1 Opinion letter to Mr. Joseph Jaeger, Jr.
76-71 Jan 13 Opinion letter to Mr. Joseph Jaeger, Jr.
78-71 May 21 RETIREMENT.
RETIREMENT SYSTEM.
PENSION.
STATE EMPLOYEES' RETIREMENT SYSTEM.
Pursuant to the provisions of subsection 3 of Section 104.380, RSMo 1969, an individual electing to retire as a member of the Missouri State Legislature is not entitled to a refund of contributions made by said member as an employee of the state prior to six years service as a member of the legislature.
80-71 June 23 COUNTY PURCHASES.
COUNTY CONTRACTS.
Section 50.660, RSMo 1969, which requires the solicitation of bids for certain county purchases applies to third class counties.
82-71 Jan 5 Opinion letter to the Honorable C. M. Bassman
85-71 Feb 5 COMPENSATION.
COUNTY TREASURER.
The county treasurer in a third class county not under township organization is entitled to the additional compensation provided for in Section 54.275, RSMo 1969, in addition to the compensation provided for under Section 54.260, RSMo 1969.
87-71 Jan 28 Opinion letter to the Honorable James G. Gregory
88-71 Apr 1 JAILS.
COUNTY COURT.
COUNTY JAILS.
The County Court of Cape Girardeau County may, pursuant to Section 49.310, RSMo, erect a jail at the site referred to as "The Cape Girardeau County Farm" located in the City of Cape Girardeau.
89-71 Jun 23 Opinion letter to the Honorable John J. Johnson
90-71     Withdrawn
91-71 May 26 Opinion letter to the Honorable William E. Robinson
93-71 Jan 12 Opinion letter to the Honorable E. J. Cantrell
94-71 Jan 18 Opinion letter to Mr. J. E. Riney, Chairman
95-71 Apr 6 Opinion letter to the Honorable D. R. Osbourn
96-71 Mar 30 BALLOTS.
ELECTIONS.
CANDIDATES.
Candidates who file as "independent" candidates in the primary election appear under the designation "nonpartisan" on the primary election ballot; and if they are successful in being nominated at the primary election, they appear under the designation "nonpartisan" on the general election ballot. Candidates who are nominated by petition appear under the designation of the party name shown on the petition. A candidate nominated by petition as an "independent" candidate would appear under the "independent" designation.
97-71 Mar 15 SCHOOLS.
BONDS.
1. A school board may allocate to debt service for payment of bonds issued by the district part of the $1.25 which it can levy without voter approval pursuant to Section 11(b) of Article X, Missouri Constitution; 2. Should a future school board determine that the entire $1.25 must be allocated to the current operational expenses of the district, this school board must, pursuant to Section 164.161, RSMo 1969, provide for the collection of an annual tax sufficient to pay the interest and principal on the bonds and to retire them within twenty years.
98-71 Mar 23 Opinion letter to the Honorable W. Clifton Banta, Jr.
99-71 Feb 3 Opinion letter to the Honorable Ray S. James
101-71 May 21 Opinion letter to the Honorable E. J. Cantrell
103-71 July 19 SCHOOLS.
INTEREST.
1. A six-director school district which has exhausted its working capital or anticipates such exhaustion in the near future has the power without obtaining voter approval to borrow money to meet its current operating expenses, provided its unencumbered anticipated revenue for the calendar year is sufficient, at the time the loan is made, to repay the principal and interest on the indebtedness. 2. The highest rate of interest at which a six-director school district may contract to borrow money is eight percent per annum. There are no restrictions as to maturity date or form of obligation. However, Section 432.070, RSMo 1969, which governs a school district's contracts in general, is applicable to a six-director school district's contract to borrow money.
104-71 Jan 22 DENTISTS.
SURGERY.
A dentist may legally perform biopsies and diagnose malignant growths of surfaces inside the oral cavity.
105-71 Jan 20 Opinion letter to the Honorable Ray Lee Caskey
106-71     Withdrawn
109-71 Apr 15 Opinion letter to the Honorable Peter H. Rea
110-71 Jan 20 Opinion letter to the Honorable Don Owens
111-71 Apr 15 TAXATION (INCOME). Section 143.140, RSMo 1969, does not authorize a deduction from gross income, in determining net income for income tax purposes, of amounts paid into a retirement plan trust by self-employed individuals.
113-71     Withdrawn
114-71 Feb 5 Opinion letter to the Honorable Robert H. Martin
115-71 Feb 11 TOWNSHIPS.
OFFICERS.
TOWNSHIP OFFICERS.
ELECTIONS.
The office of trustee and ex officio treasurer of a township is incompatible with the office of township collector. Section 111.091, RSMo 1969, does not authorize the county court to establish an election district which consists of two entire townships.
116-71 Feb 11 COUNTIES.
COUNTY COURT.
The action of the county court of Madison County donating five hundred dollars to a Joint Committee for Transportation for the purpose of opposing a proceeding before the Interstate Commerce Commission for abandonment of a railroad was illegal and void.
117-71     Withdrawn
118-71 Apr 26 COURTS.
JUVENILES.
1. In counties of the second class in which there is no judge assigned exclusively to juvenile matters, the courtroom designated for juvenile cases may be used by the court for other matters when the juvenile court is not in session. 2. The county court of a second class county may construct a single building containing completely separate units for housing the juvenile detention center and the county jail if the building is constructed and arranged so that a child being detained does not come in contact at any time or in any manner with adults being held in the county jail.
119-71 Feb 19 CONSTITUTIONAL LAW.
GENERAL ASSEMBLY.
Bills introduced at one session of the General Assembly may be considered at subsequent sessions of the same General Assembly provided the rules of the house concerned permit consideration of the bills and the bills concern subject matter which constitutionally can be considered at such sessions. However, bills introduced in one General Assembly do not carry over to a subsequent General Assembly.
120-71 Mar 12 Opinion letter to Mr. J. M. Wilson
122-71 Apr 19 COUNTY TREASURER.
TAXATION (INTANGIBLE).
As to the amounts returned by the State Director of Revenue, collected as intangible taxes, these amounts are to be set apart and credited to the specific levy, in pro rata amounts, which provides the political subdivision's taxable basis. It is not incumbent upon the county treasurer of DeKalb County to set apart and credit to the specific levy providing the taxable basis the pro rata amount to be returned to each political subdivision within DeKalb County.
123-71 Mar 23 COUNTY OPTION DUMPING GROUND LAW.
COUNTY COURT.
LICENSES.
DUMP GROUNDS.
The county court of a second class county has a ministerial duty to renew a license once issued under the County Option Dumping Law, on the tender by the licensee of the annual fee of twenty-five dollars, (1) To renew a license to operate a disposal area under the County Option Dumping Law, which has initially complied with the application procedure set out in Section 64.467, and 64.470(1), and (2) the licensee need but pay the annual fee of twenty-five dollars.
124-71 Mar 2 SCHOOLS. Subsection 1 of Section 162.096, RSMo 1969, does not authorize the State Board of Education to reconsider after January 15, 1971, assignments of non-operating districts lawfully made prior to that date.
125-71 Mar 16 Opinion letter to Mr. Walter G. Sartorius
126-71 Apr 12 CITIES, TOWNS & VILLAGES. The alternative procedure authorized in Section 72.085, RSMo 1969, for incorporating cities in any second class county or first class county having a charter form of government, may not be used in place of the procedure prescribed in Section 72.100, RSMo 1969, for the incorporation of unincorporated areas situated on the county line and in two counties.
127-71 May 13 MAGISTRATES.
POPULATION.
An additional magistrate created under the provisions of Section 482.010, RSMo 1969, does not become a regular magistrate under said section when the county becomes entitled to another regular magistrate because of an increase in the number of the inhabitants of the county. When the county becomes entitled to a second magistrate because of a population increase indicated by the 1970 census, the governor has the authority to appoint a regular magistrate on or after July 1, 1971, who serves until the next general election. If such regular magistrate is not appointed, the temporary magistrate has authority to continue to act until a regular magistrate is chosen at the next general election and duly qualifies and takes office. The regular magistrate elected at the November 1972 general election holds office for an unexpired term ending December 31, 1974.
128-71 May 6 FIRE PROTECTION DISTRICTS. 1. A fire protection district may provide emergency assistance and first aid even though emergency ambulance service is not established under Section 321.225 RSMo 1969. 2. The board of directors of a fire protection district organized prior to October 13, 1969, under Section 321.510 to 321.715 RSMo 1959 as amended, continue in office until the expiration of their terms and no successors shall be elected for the two members whose terms first expire. 3. The board of directors should certify the tax levy as provided under Section 321.250 RSMo 1969 to the county court of each county in which the fire protection district is located and the taxes should be collected by the officials whose duty it is to collect taxes for such counties.
129-71 Jan 29 Opinion letter to the Honorable George P. Dames
130-71 Apr 6 Opinion letter to the Honorable Vernon Bruckerhoff
131-71 Apr 15 CONSTITUTIONAL LAW.
REFERENDUM.
TAXATION (INCOME).
1. The facts stated in the emergency clause of House Bill No. 3 of the Fourth Extraordinary Session of the Seventy-fifth General Assembly, if true, would be an emergency within the meaning of that term under Article III, Section 52(a) of the Constitution of Missouri which would exempt such bill from being subject to a referendum. 2. Whether the facts stated are true is a matter of fact which must be determined by evidence submitted in support thereof in a proper court procedure.
132-71 June 3 Opinion letter to the Honorable Howard E. Hines
133-71 Oct 28 SCHOOLS.
CONSTITUTIONAL LAW.
1. The parent, guardian or other person having charge, control or custody of a child under the age of seven or over sixteen does not come within the provisions of Section 167.031, RSMo 1969, relating to compulsory school attendance on a full-time basis. However, a person standing in the parental relation to a child between sixteen and eighteen years of age who has not completed the elementary school course in the public schools of Missouri, or its equivalent, does come within the provisions of Section 167.051(2), RSMo 1969, relating to compulsory attendance at a part-time school. 2. All children in the State of Missouri between the ages of six and twenty years have a constitutional right to a public school education. All children who are entitled to a public school education as a matter of right but who do not fall within the age group of the Compulsory School Attendance Law may attend a public school on a part-time basis subject to a school district’s reasonable rules and regulations. 3. Subject to reasonable rules and regulations applicable to all students, public school authorities operating an area vocational school must enroll a private school student who desires to participate in the vocational instruction offered at the school outside of the regular school day if the student is within the age group of children entitled to a public education as a matter of right. Shared time instruction in area vocational schools whereby students between the ages of sixteen and twenty attend the public vocational school for part of the regular school day and take the remainder of their courses at a church related school does not violate either the statutes or Constitution of Missouri or the United States Constitution. 
134-71 Feb 8 BONDS.
INDUSTRIAL DEVELOPMENT.
DIVISION OF COMMERCE AND INDUSTRIAL DEVELOPMENT.
A municipality which issues and sells industrial development revenue bonds incurs no liability to pay for said revenue bonds other than the responsibility to apply the revenue received from the project for which the bonds were sold to retiring the bonds.
140-71 July 6 CONSTITUTIONAL LAW.
HOUSING DEVELOPMENT.
TAXATION.
Chapter 215, RSMo 1969, establishes the Missouri Housing Development Commission for a valid public purpose, that is, facilitating the provision of housing for persons and families of low and moderate income who are unable to obtain adequate housing through ordinary commercial means and that such legislation does not contravene any provision of the Missouri Constitution.
142-71 Feb 24 Opinion letter to the Honorable Richard G. Steele
143-71 May 22 Opinion letter to the Honorable Ray S. James
144-71 Nov 26 SCHOOLS. (1) A pupil between the ages of seven and sixteen enrolled in a nonpublic school may also attend courses on a part-time basis in a public technical-vocational school so long as the attendance at the public school is in addition to attendance for the six-hour school day at the nonpublic school. Such part-time attendance would be subject to reasonable rules and regulations on the part of the public school district. (2) The Compulsory School Attendance Law, Section 167.031, RSMo 1969, as interpreted by the Missouri Supreme Court in the Wheeler decision, does not require that a pupil attend one school for six consecutive hours each day provided that a total of six hours each day is spent in attendance at one school.
146-71 Mar 2 Opinion letter to Arthur L. Mallory
147-71 Mar 3 Opinion letter to Arthur L. Mallory
149-71 June 15 CULTURAL DISTRICTS. House Bill No. 23, of the Seventy-fifth General Assembly, Section 184.350-184.388, V.A.M.S., can be amended to place the establishment of subdistricts in addition to the three subdistricts now established in the Metropolitan St. Louis Cultural District before the voters of St. Louis City and County for approval or rejection and for purposes of funding.
150-71 Apr 28 INSURANCE.
FARMERS MUTUAL INSURANCE COMPANY.
A farmers mutual insurance company is a private commercial enterprise and may not be permitted to occupy office space in the county courthouse for the conduct of its business.
152-71 July 7 Opinion letter to the Honorable Barnes Griffith
153-71 Feb 19 Opinion letter to the Honorable Tony Heckemeyer
154-71 June 14 Opinion letter to the Honorable Joe D. Holt
155-71 Apr 1 Opinion letter to Mr. Gene Sally, Director
156-71 May 3 SCHOOLS.
SCHOOL BUSES.
A six-director school district in the State of Missouri may contract with a private or parochial transportation system to provide the transportation services which the board is authorized to furnish pursuant to Section 167.231, RSMo 1969.
158-71 Mar 10 Opinion letter to the Honorable Thomas A. Walsh
161-71 Oct 12 Opinion letter to the Honorable Robert S. Drake, Jr.
163-71 Apr 1 COMPENSATION.
COUNTY TREASURER.
The county treasurer of a county which became a second class county January 1, 1967, said treasurer having been appointed by the Governor in 1971 to serve until a duly elected county treasurer can be installed on January 1, 1973, pursuant to Section 54.010, sub. 2, RSMo 1969, is filling out an unexpired term of office and, as such, is entitled to receive only the compensation provided by law for the treasurer of a second class county who was elected at the November 1968 election.
164-71 May 4 Opinion letter to the Honorable Hal E. Hunter
165-71 Apr 8 COUNTY COLLECTORS.
COMPENSATION.
In regard to determining the rates of commissions of county collectors of third class counties whose offices fall within subsection 14(a) of Section 52.260, RSMo 1969, insofar as county collectors are concerned: 1. The phrase "tax bills placed in his hands" as referred to in subsection 14(a) of Section 52.260, RSMo 1969, does not include back taxes for prior years. 2. A collector is entitled to a commission for collecting back taxes for prior years only in accordance with Section 52.290, RSMo 1969.
166-71 Feb 18 Opinion letter to the Honorable Earl L. Sponsler
167-71 Mar 1 GENERAL ASSEMBLY.
REORGANIZATION PLANS.
CONSTITUTIONAL LAW.
GOVERNOR.
1. Reorganization Plan No. 1 of 1971 providing for a Board of Environmental Control does not exceed the authority conferred by Section 26.540, RSMo 1969. 2. Reorganization Plans Numbers 2, 3 and 4 of 1971, placing the employees of certain agencies under the merit system, involve “changing the organization” of state agencies within the meaning of Section 26.540, RSMo 1969, as provided by such section. 3. Sections 26.500 to 26.540, inclusive, RSMo 1969, empower the Governor to remove from the merit system personnel of an agency of the executive department regardless of whether such personnel was placed under the system by prior legislation or through a plan for reorganization. 4. Section 26.530, RSMo 1969, does not constitute an unconstitutional delegation of legislative power to the executive branch. 5. The Governor may comply with the provisions of Section 26.530, RSMo 1969, in submitting a reorganization plan to the legislature by delivering such plan to the secretary of the senate and the chief clerk of the house during a regular session of the legislature.
168-71 Mar 16 Opinion letter to the Honorable James N. Foley
169-71 June 7 Opinion letter to the Honorable Jack E. Gant
171-71 May 4 SCHOOLS.
COMPENSATION.
CONSTITUTIONAL LAW.
In school districts in which a school board is authorized by Section 168.191, RSMo 1969, to enter into a contract with a superintendent of schools for the school district for a period of not to exceed three years, Section 38(a) of Article III, and Section 39(3) of Article III, Missouri Constitution, prohibit such school board and the superintendent from terminating a partially performed three year contract and executing a new three year contract providing for the performance of the same duties at a greater compensation when the only reason for so doing is to increase the superintendent's compensation before the expiration of the current contract.
172-71 May 14 TAXATION (EXEMPTIONS). Where real estate is conveyed to a nonprofit organization, and is inhabited as a residence by the grantor by virtue of a retained life estate, or by other persons by virtue of a lease from the non-profit organization, the real estate is not exempt from taxation under Article X, Section 6 of the Constitution of Missouri and Section 137.100, RSMo 1969. Where the entire fee is subject to taxation, the leasehold is included in the value of the fee, and the lessor is liable for the tax. Where a life estate is retained and the entire fee is taxed, the life tenant has the duty of paying the tax.
175-71 Feb 24 Opinion letter to the Honorable Donald L. Manford
176-71 Apr 16 Opinion letter to the Honorable Richard Southern
177-71     Withdrawn
178-71 July 19 SCHOOLS.
TEACHERS.
A school board of a six-director school district may terminate a probationary teacher's contract pursuant to the terms of subsection 2 of Section 168.126, RSMo 1969, if a written statement is delivered to the probationary teacher setting forth each and every area of incompetency in which the board desires improvement in sufficient detail so as to permit the teacher to have an opportunity to correct the alleged faults within ninety days. If the alleged incompetency is not corrected, the board may, pursuant to subsection 2 of Section 168.126, RSMo 1969, terminate the employment of the probationary teacher immediately or at the end of the school year.
180-71 May 17 Opinion letter to the Honorable Charles E. Valier
182-71 May 5 SCHOOLS.
NATIONAL FORESTS.
A junior college district located partly or wholly within or adjacent to Clark National Forest in the county in which such forest is located is eligible under Section 12.070, RSMo 1969, to share in the funds received by the state from the federal government pursuant to the National Forest Reserve Act.
185-71 Mar 12 Opinion letter to the Honorable Harold Dickson
186-71 July 9 SCHOOLS.
TEACHERS.
When two or more school districts consolidate and form a new school district, the new consolidated district should give the teachers under contract with each component district credit, in accordance with the Teacher Tenure Act, particularly Section 168.104, RSMo 1969, for all years of employment in a component district.
188-71 Mar 29 Opinion letter to the Honorable Samuel J. Short, Jr.
189-71 Mar 10 Opinion letter to the Honorable Donald B. Clark
191-71 Mar 23 Opinion letter to the Honorable Walter L. Meyer
192-71 Mar 11 Opinion letter to the Honorable John J. Johnson
193-71 June 1 RETIREMENT.
SOCIAL SECURITY.
The Missouri Local Government Employees’ Retirement System is an instrumentality of the state and/or one or more of its political subdivisions within the meaning of the Social Security Act.
194-71     Withdrawn
195-71 Apr 28   Opinion letter to Colonel E. I. Hockaday
197-71 Apr 21 Opinion letter to Mr. Richard M. Miller
200-71 Mar 30 Opinion letter to the Honorable Don Randall
202-71 Apr 9 Opinion letter to the Honorable Dee Wampler
203-71 May 10 COUNTY FINANCIAL STATEMENT.
COUNTY COURT.
The cost of preparation and publishing the financial statement as required in Section 50.800 and 50.810, RSMo 1969, is to be paid by the county and the cost thereof not to be pro-rated to the various funds.
204-71     Withdrawn
207-71 May 20 PODIATRY. Determining the proper arch support needed to make a shoe fit properly and placing such support in the shoe does not constitute the practice of podiatry by a shoe salesman.
210-71 Apr 9 Opinion letter to the Honorable George P. Dames
211-71 May 20 Opinion letter to the Honorable Bill J. Crigler
213-71 Oct 27 CRIMINAL LAW.
CRIMINAL PROCEDURE.
FINES.
PRISONERS.
JAILS.
1. An indigent person may not be held in or committed to jail for failure to make immediate payment of a fine if he lacks the means to make such payment. 2. A person who claims that he is unable to pay a fine is entitled to a hearing to determine his ability to pay. 3. A person who fails to pay a fine which he is able to pay may be committed to jail for voluntary nonpayment. 4. The burden of proof of inability to make an immediate payment of a fine is on the person upon whom the fine is assessed and may be satisfied by such person's testimony. 5. Courts have authority to permit the payment of fines in installments. 6. An indigent cannot be sentenced to a longer period in jail than the maximum period of imprisonment prescribed for the offense because of his involuntary failure to pay a fine. 7. If a fine only is prescribed for an offense, an indigent cannot be sentenced to jail for his involuntary nonpayment of the fine.
215-71     Withdrawn
218-71 Mar 22 PREVAILING WAGE LAW.
STATE HIGHWAY COMMISSION.
The State Highway Commission cannot include in contracts for highway construction involving federal aid a provision as to wage determination by the Missouri Department of Labor and Industrial Relations during the period of the suspension of the Davis-Bacon Act and related federal acts pursuant to the presidential proclamation of February 23, 1971.
219-71 Mar 30 Opinion letter to the Honorable Alden S. Lance
220-71 Dec 21 Opinion letter to the Honorable James S. Stubbs
221-71 Apr 28 TAXATION (INCOME). Interest received upon a promissory note executed by an individual borrower which note is guaranteed by the United States government is not exempt from Missouri state income tax under the provisions of Section 143.150, RSMo 1969, as interest upon the obligations of the United States or its possessions.
227-71 Apr 2 ASSESSMENTS.
COMPENSATION.
COUNTY OFFICERS.
STATE TAX COMMISSION.
The assessed valuation of real and tangible personal property for Sullivan County for the year 1970 is $19,637,081.
228-71 Mar 29 Opinion letter to the Honorable James E. Godfrey
229-71 May 6 Opinion letter to the Honorable John W. Briscoe
231-71 Nov 11 LABOR.
FEMALE LABOR.
1. Title VII of the Civil Rights Act of 1964 barring discriminatory employment practices with respect to woman workers has superseded Section 290.040, RSMo 1969, limiting the hours of labor of women employed by employers subject to the provisions of the federal act. 2. Those employers not covered by the provisions of Title VII of the Civil Rights Act of 1964 will remain subject to the maximum hours limitation of Section 290.040, RSMo 1969, and the Division of Industrial Inspection will continue to have the responsibility of enforcement in accordance with Section 290.070, RSMo 1969.
232-71 Apr 1 Opinion letter to the Honorable Truman E. Wilson
233-71 Apr 1 Opinion letter to the Honorable Allan G. Mueller
234-71 Aug 18 Opinion letter to the Honorable Les Langsford
235-71     Withdrawn
236-71 Oct 21 SCHOOLS.
ELECTIONS.
A board of directors of a six-director school district has no authority to prescribe rules governing the selection of candidates for election to membership on such board.
237-71     Withdrawn
239-71 May 13 WATER POLLUTION. The Missouri Water Pollution Board does not have the authority to require as a condition of a permit for the construction and operation of a water treatment facility which will at present meet the requirements of Chapter 204, RSMo, the Missouri Water Pollution Law, the posting of financial security to ensure future treatment facilities when such additional facilities will be required.
240-71 Apr 9 Opinion letter to the Honorable George A. Ulett, M.D.
241-71 May 17 BANKS.
TAXATION.
CONSTITUTIONAL LAW.
The provisions of Section 148.110, RSMo 1969, do not contravene any provision of the Constitution of Missouri and are valid.
242-71 July 6 Opinion letter to Mr. Joseph Jaeger, Jr.
244-71 Apr 8 Opinion letter to the Honorable Kenneth J. Rothman
248-71 Apr 26 Opinion letter to the Honorable Maurice Schechter
249-71 Nov 24 SCHOOLS. When a six-director district lying wholly within Jackson County and partly within Kansas City has a school election on a day in which general, special or primary elections are not being held statewide and no election is scheduled in another political subdivision within the school district, Section 162.351, RSMo 1969, does not require either the Kansas City Board of Election Commissioners or the Jackson County Board of Election Commissioners to conduct the school election. Also, Section 162.361, RSMo 1969, does not require voters to register before voting in a school election held in a six-director school district lying only within Jackson County and partly within the city limits of Kansas City for the reason that the school district does not lie wholly within the limits of Kansas City. However, any six-director school district so located which contains a city having not less than ten thousand nor more than fifty thousand inhabitants shall require that all school elections be conducted in accordance with the registration laws applicable to general elections within the city. All voters in the district living outside the limits of such a city must also register to vote if required to register in a general election.
250-71 Apr 29 LEGISLATURE.
GENERAL ASSEMBLY.
CONSTITUTIONAL LAW.
INITIATIVE & REFERENDUM.
CONSTITUTIONAL AMENDMENT.
The General Assembly may not constitutionally condition ratification of an amendment to the United States Constitution on approval by the voters.
251-71 Dec 22 Opinion letter to the Honorable Earl L. Sponsler
252-71 Oct 27 CRIMINAL LAW.
CRIMINAL PROCEDURE.
FINES.
PRISONERS.
JAILS.
1. An indigent person may not be held in or committed to jail for failure to make immediate payment of a fine if he lacks the means to make such payment. 2. A person who claims that he is unable to pay a fine is entitled to a hearing to determine his ability to pay. 3. A person who fails to pay a fine which he is able to pay may be committed to jail for voluntary nonpayment. 4. The burden of proof of inability to make an immediate payment of a fine is on the person upon whom the fine is assessed and may be satisfied by such person's testimony. 5. Courts have authority to permit the payment of fines in installments. 6. An indigent cannot be sentenced to a longer period in jail than the maximum period of imprisonment prescribed for the offense because of his involuntary failure to pay a fine. 7. If a fine only is prescribed for an offense, an indigent cannot be sentenced to jail for his involuntary nonpayment of the fine.
253-71 May 4 Opinion letter to the Honorable Ellis Young
255-71 July 9 TAXATION (Cities, Towns and Villages).
ASSESSMENTS.
(1) When the provisions of Section 137.073, RSMo 1969, become applicable because of an increase in the assessed valuation of property in a county, the lowering of the rate of a city library tax levy shall be only to the extent necessary to produce substantially the same amount of taxes for the library as previously estimated to be produced by the original levy, and the lowering of the rate of levy shall be subject to the limitation that the levy for the library shall not be reduced below a point that would entitle it to participate in state funds. (2) Revising the rates of levy so that the rate of levy applicable to the library will produce substantially less than the amount of taxes previously estimated to be produced by the original levy and so that rates of levy for other city purposes will produce substantially more taxes than had been estimated to be produced by the original levy is not in conformity with Section 137.073, RSMo 1969, even though the total city taxes produced by the revised rates of levy may equal the total taxes previously estimated to be produced by the original levy.
257-71     Withdrawn
259-71 June 30 Opinion letter to Mr. Dexter D. Davis
261-71     Withdrawn
262-71 Sept 16 Opinion letter to the Honorable Donald L. Manford
263-71 May 5 Opinion letter to the Honorable Richard M. Webster
264-71 June 22 Opinion letter to the Honorable John W. Reid, II
265-71 Oct 12 Opinion letter to the Honorable Dee Wampler
268-71 Oct 6 SCHOOLS.
TEACHERS.
The board of education of a six-director school district cannot make the contract between the school district and a permanent teacher, who has reached age 65, subject to a time limitation of one year.
269-71 May 13 SCHOOLS.
TEACHERS.
A teacher who served eleven years in a school district from 1954 through 1965, before leaving the employment of that district, and who returned to the district four years later in 1969, and who was reemployed for two successive years after returning, qualified as a permanent teacher prior to leaving the employment of the district and, therefore reemployment for the first school year did not constitute an indefinite contract but when the teacher was employed for the succeeding year, the employment constituted an indefinite contract, pursuant to Section 168.104(4), RSMo 1969.
270-71 May 19 COOPERATIVE AGREEMENTS.
WATER SUPPLY DISTRICTS.
CITIES, TOWNS AND VILLAGES.
A public water supply district organized under the provisions of Sections 247.010 to 247.220, RSMo 1969, and a city having a waterworks system are authorized under Section 16 of Article VI of the Missouri Constitution and Sections 70.210, RSMo 1969 et seq. to enter into a cooperative agreement for the joint development and financing of a common water supply source.
273-71 June 7 SIGNATURES.
COUNTY WARRANTS.
A county warrant may be executed by a county judge by the use of the facsimile signature of the county judge who is required to sign the warrant provided the manual signature of said judge has been properly filed with the Secretary of State.
274-71 May 4 Opinion letter to the Honorable Arlie H. Meyer
275-71 June 14 Opinion letter to the Honorable James A. Noland, Jr.
278-71 May 6 Opinion letter to the Honorable Joe A. Johnson
280-71     Withdrawn
281-71     Withdrawn
282-71 Sept 22 Opinion letter to the Honorable William S. Brandom
284-71 June 28 ASSESSORS.
COLLECTORS.
ST. LOUIS CITY.
Neither the collector nor assessor of the City of St. Louis may charge fees for issuing statements certifying that no personal property taxes are owing for the preceding year to persons who are entitled to such statements under Section 301.025, RSMo 1969.
285-71 Nov 12 Opinion letter to Mr. G. L. Donahoe
286-71 May 26 Opinion letter to the Honorable Gene McNary
287-71 July 19 Opinion letter to Mr. Charles O’Halloran
289-71 Sept 14 Opinion letter to Mr. O’Garlan C. Ricks
290-71     Withdrawn
292-71 June 25 BOAT COMMISSION.
CRIMINAL LAW.
The Missouri Boat Commission is authorized to establish speed limit zones on the waterways of Missouri and to enforce compliance with such regulations.
294-71     Withdrawn
296-71 June 15 Opinion letter to the Honorable Robert S. Wiley
297-71 June 23 Opinion letter to the Honorable James E. Spain
298-71 Nov 24 SEX.
LABOR.
HUMAN RIGHTS.
FEMALE LABOR.
Chapter 296, RSMo 1969, empowers the Missouri Commission on Human Rights to receive, investigate, conciliate and prosecute complaints of unlawful employment practices based on sex, and to conduct hearings and issue such orders as are deemed appropriate in each case.
299-71 June 14 UTILITIES.
PREVAILING WAGES.
CITIES, TOWNS & VILLAGES.
The installation of publicly owned lighting equipment for streets and thoroughfares in municipalities by Union Electric or any other company pursuant to contract with such municipalities involves "construction" of "public works" as such terms are defined in the Missouri Prevailing Wage Act. Installation of lighting equipment for streets and thoroughfares by Union Electric or another public utility pursuant to an agreement with a municipality whereby ownership of such equipment is transferred to the utility company with the agreement that such ownership will be returned to the municipality upon completion of the installation involves "construction" of "public works" as such terms are defined in the Missouri Prevailing Wage Act.
300-71 June 3 Opinion letter to the Honorable Samuel J. Short, Jr.
302-71 May 27 Opinion letter to Dr. Arthur L. Mallory
304-71 July 20 ELECTIONS.
NURSING HOME DISTRICTS.
1. It is mandatory that the board of directors of a nursing home district, which on three separate occasions refused to approve a bond issue for the construction of a nursing home, submit to the voters the proposition of the dissolution of said district. 2. Elections held prior to the enactment of Section 198.360, RSMo 1969, shall be considered as being within the provisions of this section in determining the number of elections in which the voters have refused to approve a bond issue.
305-71 June 17 Opinion letter to the Honorable Carl R. Noren
308-71 Aug 31 Opinion letter to the Honorable E. J. Cantrell
309-71 June 4 Opinion letter to the Honorable Arlie H. Meyer
310-71 Aug 27 Opinion letter to Mr. Joseph Jaeger, Jr.
311-71 June 28 SCHOOL DISTRICTS.
BOUNDARIES.
Consolidation of municipalities does not affect boundaries of six-member school district including one of the municipalities to be consolidated.
313-71 Aug 20 Opinion letter to the Honorable Edna Eads
314-71 Sept 29 Opinion letter to Mr. Robert L. Dunkeson
316-71 Oct 13 SCHOOL DISTRICTS.
SCHOOLS.
TEACHERS.
CONTRACTS.
A six-director school district in the State of Missouri must rehire a "permanent teacher" as that term is defined in the Teacher Tenure Act, Sections 168.102 to 168.130, RSMo 1969, even if the rehiring of this teacher will result in the school district's receiving a lower classification from the State Board of Education.
318-71 June 17 Opinion letter to the Honorable William S. Brandom
319-71 July 14 CONFLICT OF INTEREST.
HOUSING DEVELOPMENT COMMISSION.
The Missouri Housing Development Commission is not disabled from retaining as "managing underwriter" in the marketing of its bonds or notes a firm engaged in the underwriting and investment banking business, which has served as the Commission's financial adviser in the past and which proposes to render further services as financial adviser, without additional compensation, if selected as managing underwriter.
320-71 June 9 Opinion letter to Mr. B. W. Robinson
321-71 July 19 NOTARY PUBLIC. Section 486.040, RSMo 1969, requires a notary public to have a seal which when used makes an impression on the document on which it is used.
323-71 June 24 Opinion letter to Dr. Arthur L. Mallory
329-71 Oct 7 POULTRY.
AGRICULTURE.
1. "The Missouri State Poultry Association" has authority to publish and make available to the public the results of their experiments with poultry in this state. 2. "The Missouri State Poultry Association" members in the performance of their duties are not personally liable for acts not maliciously done.
330-71 June 16 Opinion letter to Mr. William Wright
331-71 Nov 15 AIR CONSERVATION COMMISSION. 1. The Missouri Air Conservation Commission has the authority under Chapter 203, RSMo 1969, to adopt emission control regulations, including limitations on the content of fuels, which will attain and maintain national air quality standards, if the state standards are the same or more stringent. 2. The Missouri Air Conservation Commission has the authority under Chapter 203, RSMo 1969, and the Constitution of Missouri to enforce without delay the provisions of Chapter 203, RSMo 1969, and standards, rules, and regulations promulgated thereunder, through administrative procedures and injunctive relief. 3. The Missouri Air Conservation Commission has the authority under Chapter 203, RSMo 1969, to abate pollutant emissions on an emergency basis comparable to that available under 42 U.S.C.A., Section 1857d(k). 4. The Missouri Air Conservation Commission has the authority under Chapter 203, RSMo 1969, to provide for the equivalent of a construction permit system by promulgating regulations to require the submission of plans and specifications for approval before any person may construct any facility which will cause air pollution, but that the Commission has no such authority regarding an equivalent permit system for the operation of existing facilities which are the source of air pollution. 5. The Missouri Air Conservation Commission has the authority under Chapter 203, RSMo 1969, necessary to inspect, conduct tests, and obtain information, including the authority to require record keeping, to determine compliance with emission control regulations. 6. The Missouri Air Conservation Commission does not have any specific authority to require the installation of emission monitoring devices, but does have the authority to require reports from sources of air pollution relating to rate, period of emission and composition of effluent, and to make such information available to the public, unless any such information is “confidential” as defined by Section 203.050.4, RSMo 1969. 7. The State of Missouri has the authority to inspect for “air pollution control devices” which may be installed on motor vehicles as a requirement to comply with applicable emission regulations, but whether such regulations and inspections would accomplish the purpose of “enforcing compliance with applicable emission standards” which are federal standards, and whether the preemption provision of 42 U.S.C.A., Section 1857f-6a, has been complied with are questions that only the appropriate federal officials can answer. 8. All the authorities found in questions 1 through 7 have state-wide application.
332-71 June 23 Opinion letter to the Honorable Richard M. Webster
337-71     Withdrawn
341-71 Aug 18 OFFICERS.
COMPENSATION.
FIRE PROTECTION DISTRICTS.
1. Members of the board of directors of a fire protection district are not entitled to receive compensation for attending more than two regularly called board meetings in any calendar month and this includes a regularly called meeting of the directors of several fire protection districts which have established a consolidated alarm and dispatching service. After September 28, 1971, the effective date of Senate Committee Substitute for House Bill No. 316 of the 76th General Assembly, the members of the board of a fire protection district in a first class county having a charter form of government, may receive compensation for not more than four meetings each calendar month. 2. A member of the board of directors of a fire protection district cannot be employed and paid any additional compensation for services rendered the district in excess of the amount allowed under Section 321.190, RSMo 1969.
342-71     Withdrawn
344-71 June 22 Opinion letter to the Honorable Ronald M. Belt
345-71 Aug 2 Opinion letter to the Honorable Jack J. Schramm
347-71 June 18 Opinion letter to the Honorable E. J. Cantrell
348-71 Oct 19 SIDEWALKS.
TAXATION (MOTOR VEHICLE).
CITIES, TOWNS AND VILLAGES.
MOTOR VEHICLE GASOLINE TAX.
1. The motor vehicle fuel tax funds appropriated to a city under the provisions, of Article IV, Section 30(a) of the Missouri Constitution cannot be used to construct or maintain sidewalks. 2. General revenue funds of a city of the fourth class may be used to construct or maintain sidewalks in the city under Section 88.680, RSMo 1969.
349-71 June 22 Opinion letter to Mr. Gene Sally
350-71 June 17 ELECTIONS.
CANDIDATES.
LEGISLATORS.
SPECIAL ELECTIONS.
The American Party is an "established political party" within the 30th Legislative District of Missouri and has authority to nominate a candidate of such party for the special election to be held in such district June 29, 1971, to fill a vacancy caused by the death of the representative from such district. The tender of a certificate of nomination of a candidate of the American Party for such office made to the Secretary of State June 15, 1971, should be accepted and filed by the Secretary of State.
351-71     Withdrawn
352-71 July 30 CITIES, TOWNS AND VILLAGES.
TAXATION (CITIES).
A fourth class city has authority under Senate Bill No. 64 of the 76th General Assembly to provide by ordinance without a vote by the people for a tax levy for municipal purposes of one dollar on the one hundred dollars assessed valuation for the year 1971 if such ordinance is enacted after the effective date of such bill.
353-71 July 13 Opinion letter to the Honorable Ronald R. McKenzie
354-71 Aug 31 LICENSES.
MERCHANTS.
ITINERANT VENDORS.
TAXATION (MERCHANTS AND MANUFACTURERS).
1. That a person, who in the county of his residence opens a place of business for the purpose of the seasonal sale of fireworks, is (a) a merchant subject to Sections 150.010 through 150.290, RSMo; (b) not a manufacturer and is not subject to Sections 150.300 through 150.370, RSMo; (c) is an itinerant vendor subject to Sections 150.380 through 150.460, RSMo; and (d) is not a peddler and is not subject to Sections 150.470 through 150.540, RSMo. 2. That a person who is a wholesale supplier of fireworks to retailers, who does not manufacture such fireworks, who is not in a temporary or transient business of selling goods, wares, and merchandise from a structure for the exhibition and sale of such goods, wares, and merchandise, and who does not sell door to door, is: (a) a merchant subject to Sections 150.010 through 150.290, RSMo; (b) not a manufacturer and is not subject to Sections 150.300 through 150.370, RSMo; (c) is not an itinerant vendor subject to Sections 150.380 through 150.460, RSMo; and (d) is not a peddler and is not subject to Sections 150.470 through 150.540, RSMo.
356-71 July 19 COUNTIES.
WASTE DISPOSAL.
DUMPING GROUNDS.
A third class county has the authority pursuant to Section 64.490, RSMo 1969, to operate a county solid waste disposal area. A third class county has the authority to finance the operation of a solid waste disposal area by general obligation bonds but not by revenue bonds.
357-71 July 22 LABOR.
DIVISION OF MENTAL HEALTH.
The Division of Mental Health cannot agree with representatives of the employees to make promotions or transfers based upon seniority.
358-71 Dec 23 Opinion letter to Herbert R. Domke, M.D.
359-71 Dec 2 Opinion letter to the Honorable Don Randall
361-71 June 22 Opinion letter to Mr. Jack K. Smith
362-71 Sept 20 CART.
COUNTY COURTS.
ROADS AND BRIDGES.
Contracts by a county court for the building of roads from funds derived from the County Aid Road Trust Fund cannot be awarded without competitive bidding.
365-71 July 8 ELECTIONS.
PRESIDENTIAL ELECTORS.
An individual eighteen years of age is not disqualified from being chosen as a presidential elector for Missouri.
366-71 July 7 Opinion letter to the Honorable David A Dalton
368-71 June 29 STATE BOARD OF EDUCATION.
ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.
FEDERAL-STATE AGREEMENTS.
Review and certification of application of the State Board of Education for Grant under Title V of the Elementary and Secondary Education Act of 1965, P.L. 89-10, as amended.
369-71 July 8 LIQUOR.
SUNDAY SALES.
It is not necessary for a municipality, which allows the sale of liquor-by-the-drink, to pass an ordinance authorizing Sunday sales of liquor-by-the-drink where such sales are specifically provided for by the state Liquor Control Act. A municipality which allows the sale of liquor-by-the-drink cannot completely prohibit, by ordinance, the sale of liquor-by-the-drink on Sunday within that municipality where such sale is authorized by state law.
370-71 July 1 Opinion letter to the Honorable James C. Kirkpatrick
371-71 June 30 Opinion letter to the Honorable James C. Kirkpatrick
372-71 July 8 Opinion letter to the Honorable James C. Kirkpatrick
373-71 June 30 Opinion letter to the Honorable James C. Kirkpatrick
374-71 July 1 Opinion letter to the Honorable James C. Kirkpatrick
375-71 July 27 BANKS.
BRANCH BANKING.
A corporation which is not organized as a bank or trust company does not engage in improper branch banking, in violation of Section 362.105(1), RSMo 1969, by owning a controlling interest in the shares of two or more banks or trust companies organized under Chapter 362, RSMo 1969, or predecessor statutes, so long as each bank or trust company is operated and maintained as a distinct financial entity.
377-71 Aug 16 Opinion letter to the Honorable Barnes Griffith
378-71 July 21 COMPENSATION.
APPROPRIATIONS.
DIVISION OF FINANCE.
CONSTITUTIONAL LAW.
The Commissioner of Finance is to set the compensation of employees of the Division of Finance, other than the Commissioner and Deputy Commissioner, at amounts he shall determine notwithstanding the language of Conference Committee Substitute for House Bill No. 4 of the 76th General Assembly purporting to limit the amount salaries may be increased.
379-71     Withdrawn
380-71 Aug 31 Opinion letter to Mr. Dexter D. Davis
381-71     Withdrawn
385-71     Withdrawn
386-71     Withdrawn
387-71 Sept 3 ELECTIONS.
MINORS.
VOTERS.
RESIDENCE.
A student of eighteen years of age or over meeting the necessary constitutional and statutory requirements for voting may: 1) Retain his original residence and register and vote at such place. 2) Establish a residence in a different community and register and vote at such place if, a) The student declares that he has abandoned his original residence and that he does not intend to return to such place; and, b) He declares his intent to establish a residence in the community in which he resides for an indefinite period; and c) Such declarations are consistent with facts which show that such voter has abandoned his original residence and intends to reside in such community.
388-71 Nov 8 PAROLE.
NARCOTICS.
CRIMINAL LAW.
CRIMINAL PROCEDURE.
CONTROLLED SUBSTANCES.
(1) The Board or Probation and Parole is compelled by Section 195.220 to continue supervision over a person paroled from the State Department of Corrections who was convicted or selling, giving, or delivering a controlled substance for a period not less than the completion of the original sentence plus five years. (2) The Board of Probation and Parole is without authority pursuant to Section 195.220 to grant final release and issue a certificate of discharge pursuant to Section 549.275(2), RSMo 1969, to any person paroled from the Missouri Department of Corrections who was convicted of selling, giving, or delivering a controlled substance before a period of not less than the completion of that person’s original sentence plus five years. (3) An individual under supervision of the Board of Probation and Parole who was sentenced to the State Department of Corrections for selling, giving, or delivering a controlled substance, is not to be given credit for parole time as time toward service or his term of imprisonment pursuant to Section 549.275(1), RSMo 1969, and therefore, a person on parole from such a conviction must, on the revocation of the conditions of his parole, serve the remainder of the term set by the original sentence from which he was paroled. 
389-71 Aug 16 Opinion letter to Mr. Dexter D. Davis
393-71 Aug 19 PHYSICIANS.
STERILIZATION.
Missouri law does not prohibit the performance of voluntary contraceptive human sterilizations by licensed physicians.
394-71 Aug 19 BANKS. By virtue of Senate Bill No. 146 of the 76th General Assembly, effective September 28, 1971, a bank in an unincorporated community is not prohibited by law from having a drive-in or walk-up facility in that community when such a facility is within four thousand yards of the bank’s main banking house even though in measuring that distance the line of measurement crosses through an incorporated city, town or village.
395-71 Sept 30 COUNTIES.
TAXATION.
TAX ANTICIPATION NOTES.
1. Tax anticipation notes may be issued by a fourth class county equal to but not to exceed ninety percent of the anticipated income and revenue of the county, and the indebtedness created and warrants issued are valid even though all of the anticipated revenue is not collected, and such indebtedness may be paid from surplus revenues received in subsequent years. 2. Taxes for county purposes in a fourth class county may be increased in excess of fifty cents on the one hundred dollars valuation by a two-thirds vote of the electors for a period not to exceed four years. 3. Any county may become indebted in an amount exceeding the annual income and revenue by a two-thirds vote of the electorate not to exceed ten percent of the value of taxable tangible property and issue bonds payable within twenty years.
396-71 Aug 23 Opinion letter to Mr. Robert E. Myers
397-71 Oct 13 MAGISTRATES.
PROBATE JUDGES.
COMPENSATION.
The effective date of the 1970 decennial census with respect to the determination of magistrate judges and probate judges salaries is July 1, 1971. The effective date for the determination of maximum allowance for probate and magistrate clerks, deputy clerks and employees is July 1, 1971.
399-71 Aug 18 Opinion letter to the Honorable James C. Kirkpatrick
400-71 Dec 7   Opinion letter to Mr. Edwin M. Bode 
401-71 Aug 27 Opinion letter to the Honorable Donald L. Manford
402-71 Sept 3 Opinion letter to the Honorable William J. Esely
403-71 Sept 22 Opinion letter to the Honorable Robert A. Young
405-71 Nov 15 LAND SURVEYOR.
COUNTY SURVEYORS.
A duly elected county surveyor cannot practice as a land surveyor in this state as defined in Section 327.272, RSMo 1969, unless he has been duly registered as a land surveyor under Chapter 327, RSMo 1969.
406-71 Dec 14 BONDS.
SEWERS.
A sewer district in a second class county organized pursuant to Sections 249.760 through 249.810, RSMo 1969, may issue revenue bonds in the manner provided by Section 249.800, RSMo 1969.
407-71 Dec 10 Opinion letter to Mr. Carl R. Noren
408-71 Nov 17 Opinion letter to Mr. William Y. McCaskill, C.L.U.
409-71 Nov 11 BONDS.
LANDFILLS.
CITIES, TOWNS AND VILLAGES.
A fourth class city may issue general obligation bonds for the purpose of acquiring land and developing the same for a landfill to be used for the disposition of garbage, trash, refuse matter and municipal waste and that the landfill may be outside the corporate limits of the city with no restriction on the distance from the city.
415-71 Dec 21 COUNTY HEALTH CENTER.
PROSECUTING ATTORNEY.
SHERIFFS.
DEPUTY SHERIFFS.
The trustees of the Taney County Health Center may appoint personnel on a full or part-time basis to investigate and enforce violations of environmental laws and regulations.
416-71 Sept 16 Opinion letter to the Honorable Donald L. Manford
417-71     Withdrawn
418-71 Dec 6 Opinion letter to Mr. Joseph Jaeger, Jr.
419-71     Withdrawn
420-71 Nov 24 Opinion letter to the Honorable Robert B. Paden
422-71 Oct 12 Opinion letter to the Honorable John J. Johnson
423-71 Nov 18 MENTAL HEALTH.
SEARCHES AND SEIZURES.
CONSTITUTIONAL LAW.
STATE EMPLOYEES.
The Division of Mental Health and the superintendents of the facilities within such Division may promulgate reasonable rules requiring employees of the Division or of such facilities to submit packages and automobiles on facility premises to inspection. Employees who refuse to permit such a search are subject to disciplinary action including discharge.
424-71 Oct 13 PENSIONS.
PROBATE JUDGES.
MAGISTRATES.
COMPENSATION.
The compensation of a retired probate judge ex-officio magistrate of a county whose population by the 1970 decennial census has increased to over 30,000 inhabitants, who has been appointed a special commissioner or referee under the provisions of Sections 476.450, RSMo 1969 et seq., is one-third of the salary provided for the office of probate judge of such county as of July 1, 1971.
425-71 Dec 14 STATE PURCHASING AGENT.
SCHOOLS.
SCHOOL DISTRICTS.
Junior College districts and other school districts fall under the provisions of House Bill 228, Sections 67.330 through 67.390, RSMo 1969, passed by the Seventy-Fifth General Assembly.
426-71     Withdrawn
427-71 Oct 12 Opinion letter to Mr. Richard M. Miller
433-71 Dec 2 Opinion letter to the Honorable A. Basey Vanlandingham
435-71 Dec 20 COUNTIES.
COUNTY COURT.
SCHOOL FUNDS.
COUNTY TREASURER.
Surplus funds received by the county collector from the sale of property for taxes are to be deposited with the county treasurer as provided for under Section 140.230, RSMo 1969, and invested as provided for under Article IX, Section 7, Constitution of Missouri, 1945 and Section 166.131, RSMo 1969.
441-71 Dec 13 Opinion letter to Mr. Herbert M. Kohn
442-71 Nov 24 LIQUOR.
SUNDAY SALES OF PACKAGED LIQUOR BY RESTAURANT BARS.
A license for a "restaurant bar" to sell intoxicating liquor by the drink for consumption on the premises under Section 311.097, S.C.S.S.B. No. 148 of the 76th General Assembly, includes the right to sell intoxicating liquor in the original package.
444-71 Nov 16 Opinion letter to Mr. James E. Schaffner
445-71 Nov 17 Opinion letter to the Honorable Robert A. Young
448-71     Withdrawn
450-71 Nov 10 JURORS.
SUMMONS.
A sheriff may serve jury summons by mail under the provisions of Section 494.225, RSMo, (S.C.S.S.B. No. 103 of the 76th General Assembly) effective September 28, 1971, without regard to the method used for assembling and drawing names of jurors.
455-71 Dec 9 Opinion letter to Mr. H. Duane Pemberton
456-71 Dec 17 Opinion letter to Mr. H. Duane Pemberton
457-71 Dec 17 Opinion letter to Mr. H. Duane Pemberton
458-71 Dec 7 Opinion letter to Mr. Joseph Jaeger, Jr.
459-71 Dec 29 TAXATION (INCOME).
TAX SHELTERED ANNUITY.
One may deduct from his gross income reportable for Missouri income tax purposes an amount used to purchase a "tax sheltered annuity" pursuant to a deferred compensation agreement with the employer so long as that deduction is not in excess of the amount properly includable in the gross income of the employee pursuant to the provisions of the Internal Revenue Code of the United States.
461-71 Dec 20 COUNTY COURT.
COUNTIES.
COUNTY COLLECTOR.
BONDS.
1. The county court in a third or fourth class county is not required to pay any of the cost of the surety bond for the county collectors. 2. The whole cost of such surety bond must be paid by the county where, (1) the county collector elects to enter into a surety bond with a surety company authorized to do business in the state, and (2) the county court has given its consent to be liable and approves the bond. 3. The county court may not participate in a partial payment of the cost of the surety bond for the county collector.
464-71 Dec 20 CONSTITUTIONAL LAW. Article XII, Section 3(a), (b) and (c) of the Missouri Constitution provides no method by which a constitutional convention may be limited in its consideration of proposed amendments.
466-71 Dec 20 TAXATION (INTANGIBLE).
LABOR UNIONS.
Intangible personal property in which labor unions have a legal, equitable, or beneficial interest is subject to the intangible personal property tax.
471-71 Dec 6 Opinion letter to the Honorable J. F. Patterson
475-71 Dec 22 MERIT SYSTEM.
STATE EMPLOYEES.
CITIES, TOWNS AND VILLAGES.
A state merit system employee is not prohibited from accepting an appointive position with a city and holding both positions.
476-71 Dec 17 Opinion letter to the Honorable Walter E. Allen
478-71 Dec 15 BONDS.
SCHOOLS.
When the voters of a reorganized school district have approved building bonds, such bonds may be issued after subsequent approval by the voters of a reorganization plan which will result in the creation of a new district if the bonds are presented for registration before the board of directors of the new district organizes pursuant to Section 162.301, RSMo 1969.
479-71 Dec 10 Opinion letter to the Honorable W. Clifton Banta, Jr.
481-71     Withdrawn
487-71 Dec 17 Opinion letter to Mr. William Y. McCaskill
489-71 Dec 23 Opinion letter to the Honorable Charles S. Stratton