|It is the duty of the prosecuting attorney to advise the county court and the Board of Trustees of a county hospital concerning all legal matters involving the hospital. It is the duty of the prosecuting attorney to collect delinquent bills owed such hospital. The county court may authorize the prosecuting attorney to employ associate counsel if suits are instituted for the collection of such accounts outside the county in which the hospital is located or outside the State of Missouri.|
|4-64||Apr 10|| ||Opinion letter to the Honorable Joe R. Ellis|
REMISSION OF FINE OR SENTENCE.
EXECUTION – STAY OF.
JUDGMENT OF CONVICTION.
SUSPENSION OF IMPOSITION OF SENTENCE.
SUSPENSION OF EXECUTION OF SENTENCE.
|1. A magistrate judge may not remit a portion of a fine or a sentence of imprisonment previously imposed nor may he set aside a judgment of conviction previously imposed.|
2. Magistrate courts may grant a stay of execution for a period of not more than six months at the expiration of which the defendant must comply with the sentence. A bond is required during the period that execution is stayed.
3. The magistrate court may grant a stay of execution for purposes of appeal for so long as is necessary until the judgment becomes final. A bond is also necessary under these circumstances.
4. All magistrate courts and the St. Louis Court of Criminal Correction do have the power to suspend either the imposition or the execution of sentence following a conviction of a misdemeanor. In so doing, the judge may place the defendant on probation.
5. Magistrate courts and the St. Louis Court of Criminal Correction are empowered to grant paroles to persons who are imprisoned pursuant to a conviction in said courts and prior to the expiration of the term of the sentence.
|7-64||Mar 2|| ||Opinion letter to the Honorable Bill D. Burlison|
|8-64||Feb 14|| ||Opinion letter to Mr. John W. Ridgeway|
|10-64||Jan 27|| ||WITHDRAWN|
|11-64||Feb 28||WORKMEN’S COMPENSATION.|
|Notice of levy for income taxes under workmen’s compensation.|
|12-64||June 22||INDUSTRIAL DEVELOPMENT.|
|A municipality which owns a manufacturing or industrial facility developed under Section 71.790 to 71.850, RSMo 1963 Cum. Supp., may not require a tenant thereof, as part of the leasing agreement, to pay monies in lieu of taxes to another taxing body.|
|14-64||Jan 10||SCHOOLS & SCHOOL DISTRICTS.|
COUNTY BOARDS OF EDUCATION.
|When, does the present terms of the County Board of Education of a third class County expire, under the provisions of paragraph four (4) of the new section 165.657?|
In third class Counties with two (2) County Court Districts, and under the provisions of paragraph five of said statute, may the voters in one County Court District vote on candidates in the other County Court District? Does the Legislature have the power to terminate or shorten the term of a properly elected and serving County School Board member?
|15-64||Feb 17||SOIL CONSERVATION DISTRICTS AND SUBDISTRICTS.|
|(1) Federal, state and county lands are not to be considered in calculating the percentage of agreements necessary to carry out recommended soil conservation measures and proper farm plans from owners of not less than sixty-five percent of the lands situated in the subdistrict required by Section 278.250, Cum. Supp. 1963; (2) The subdistrict levy under Section 278.250, supra, is to be assessed only upon real estate; (3) Under Section 278.170, Cum. Supp. 1963, the real estate in incorporated towns and cities may be included in a subdistrict and taxed; (4) For a city resident to vote in the referendum provided by Section 278.200, RSMo 1959, he must qualify as a land representative which is defined in Section 278.070, Cum. Supp. 1963; and (5) Incorporated towns and cities are not included in watershed subdistricts organized prior to October 13, 1963.|
|16-64||Jan 6||MOTOR VEHICLES.|
|Any person who is convicted of operating a motor vehicle in an intoxicated condition, Section 564.440, RSMo Sum.Supp. 1963, and who was previously convicted of violating Section 564.440, RSMo 1959, shall be punished as a subsequent offender under the applicable provision of Section 564.440 RSMo Cum.Supp. 1963.|
MUNICIPAL HOUSING AUTHORITY.
|Municipal housing authority subject to Chapter 99, RSMo 1959, not liable for ad valorem taxes assessed and levied, but not collected, on property it condemns, and such property may not be sold for such taxes.|
|21-64||June 5||ADMINISTRATIVE LAW.|
STATE BOARD OF EMBALMING.
|The so-called “Pre-Need Arrangement For Memorial Services” is not a pre-need burial plan within the meaning of Section 333.035-1(12)(d), RSMo 1959, but is only a discount certificate. Licensed embalmers who directly or indirectly enter into Articles of Agreement for the sale of such plans are guilty of unprofessional conduct as defined in Section 333.035-1(12)(d). However, neither subparagraphs (c) nor (d) of this section prohibit embalmers from entering into contracts providing for the sale of genuine pre-need burial plans.|
|22-64||May 26|| ||Opinion letter to the Honorable Gerald Kiser|
|27-64||June 24|| ||Opinion letter to the Honorable Lawrence F. Gepford|
|28-64||Jan 31||CRIMINAL LAW.|
DRIVING WHILE INTOXICATED.
|(1) A person charged under DWI statute before its repeal may be tried thereunder after its repeal. However, the maximum punishment cannot exceed that imposable under the new DWI statute (Section 564.440, RSMo Cum. Supp. 1963), and the minimum punishment may be imposed under the repealed DWI statute (Section 564.460, RSMo 1959).|
(2) Felony convictions for DWI obtained prior to October 13, 1963, may be pleaded and proved against a defendant to punish him as a subsequent offender under Section 564.440, RSMo Cum. Supp. 1963.
(3) The information or complaint should recite the necessary elements of DWI and the prior convictions should be pleaded in the same manner as priors under Section 556.280, RSMo 1959.
SECOND CLASS COUNTY.
|An assessor of a second class county may receive from the county court reimbursement for reasonable travel expenses actually and necessarily incurred in carrying out his official duties within the county at the reasonable rate of eight cents per mile.|
|30-64||Feb 7||COUNTY COLLECTOR.|
FIRE PROTECTION DISTRICT.
|The Collector of St. Louis County in collection of Fire Protection District taxes should deduct a commission of one per cent of such taxes.|
|32-64||Feb 19|| ||Opinion letter to the Honorable Ronald M. Belt|
|33-64||Jan 30||NURSING HOMES.|
NURSING HOME DISTRICTS.
|Nursing home district may not issue bonds up to ten per cent of value of taxable tangible property in such district. Nursing home districts may issue bonds to an amount of five per cent of the value of the taxable tangible property in such district.|
|34-64||May 21||CITIES, TOWNS & VILLAGES.|
INCORPORATION OF CITIES.
CITY MANAGER ORGANIZATION.
|County court cannot incorporate unincorporated area upon petition as third class city with city manager form of government. Upon petition for incorporation as third class city with city manager form of government county court may incorporate as regular third class city.|
COUNTY HIGHWAY ENGINEER.
SPECIAL ROAD DISTRICT.
|It is not part of the official duties of a county highway engineer to design and supervise the construction of bridges built by a special road district organized under the provisions of Sections 233.010 to 233.165, RSMo. The county highway engineer may be employed and compensated by such special road district to design and supervise the construction of a bridge to be built by such special road district.|
|39-64||Feb 6||GASOLINE TAX.|
SPECIAL ROAD DISTRICTS.
|Counties are not authorized to give a specific percentage or a specific amount of motor fuel tax moneys to a special road district to be expended as such district sees fit.|
|40-64||Feb 19|| ||Opinion letter to the Honorable Charles G. Hyler|
|43-64||Apr 3||SALES TAX.||Section 144.025, RSMO Cum. Supp 1963 applies to every retail sale involving a trade-in allowance, regardless of whether the person seeking to avail himself of the trade-in allowance had actually paid tax on the traded-in property.|
|44-64||Mar 6||RECORDER OF DEEDS.|
COUNTY RECORDER OF DEEDS.
|The recorder of deeds has authority to accept for recording certified copies of death certificates.|
|47-64||June 8|| ||Opinion letter to Mr. Leon F. Burton|
|50-64||Mar 5|| ||Opinion letter to the Honorable Harold L. Henry|
|In school districts organized under Sections 165.377-165.553 having a population of 75,000 - 200,000 where a city political committee does not exist, nominations of candidates for school directors must be made under Section 165.470 (3), RSMo 1959, i.e., by petition in the manner provided by Sections 120.180 - 120.230 RSMo. The school board of school districts organized under Sections 165.377 - 165.553 having a population of 75,000 - 200,000 have no authority to set forth by rule a method for nominating school board members. In school districts organized under Section 165.377 - 165.553, the school director election must be held in April 1964, even though no city political committee exists.|
|57-64||Apr 24||RECORDER OF DEEDS.|
THIRD CLASS COUNTIES.
|Recorder of deeds of trust of third-class county keeping marginal release of deeds of trust record receiving additional compensation of one thousand dollars per year therefor, under Section 59.255, RSMo 1959, and who adopts microfilming for recording all instruments, as provided by Section 109.120(3), RSMo Cum. Supp. 1963, is not relieved of duty to keep marginal release of deeds of trust record. He shall continue keeping said record and receiving compensation therefor, as long as all previously nonmicrofilm-recorded deeds of trust capable of release by marginal entry remain unsatisfied of record. When all such deeds of trust have been satisfied of record, recorder shall cease to keep marginal release of deeds of trust and shall not be paid any further compensation for keeping said record.|
|58-64||May 15||STATE BOARD OF COSMETOLOGY.|
|The State Board of Cosmetology may issue reasonable regulations: (1) prescribing the course of study in a licensed school; (2) prescribing the minimum floor space for obtaining and keeping a school license; (3) requiring advertising by schools to be nondeceptive so that work done by students must be advertised as such; (4) prescribing a reasonable examination for applicants for school licenses; (5) prohibiting the use of brush curlers in licensed schools and shops if it is impracticable to keep them sanitary or making reasonable sanitary requirements.|
The State Board of Cosmetology has not been authorized by statute to make regulations: (6) prohibiting a licensed school owner from having a licensed shop; (7) requiring a shop owner who teaches an apprentice to be a licensed instructor.
|59-64||Jan 22||BOARD OF COSMETOLOGY.|
|Members of Board of Cosmetology cannot be compensated for conducting examinations.|
|61-64||Jan 16|| ||Opinion letter to the Honorable Robert B. Paden|
|62-64||Feb 24||COUNTY COURTS.|
|County courts do not have authority to regulate time standards to be used in the county. County court is without power to order or conduct an election for adopting a uniform time standard for the county.|
|64-64||Mar 6|| ||Opinion letter to the Honorable Frank Conley|
|65-64||Mar 23||CRIMINAL LAW.
DEPARTMENT OF CORRECTIONS.
|1) That portion of Section 222.020, RSMo 1959, which provides that sentences must be cumulative in certain instances, does not apply when the defendant already under sentence to the custody of the Department of Corrections, is convicted of another crime committed prior to imposition of the sentence which he is serving.|
2) Where no statutory requirement to the contrary applies, it is within the discretion of a court imposing sentence to the custody of the Department of Corrections to determine whether or not it shall be served consecutive to or concurrent with prior sentences to the same department.
|The county court has authority under Section 205.375, RSMo 1959, to issue revenue bonds for the purpose of acquiring land and sites for nursing homes.|
|68-64||Jan 16||INSURANCE.||Articles of Incorporation of First American Security Life Insurance Company|
|69-64||Feb 14|| ||Opinion letter to the Honorable Charles P. Moll|
|70-64||May 25|| ||Opinion letter to the Honorable Norman J. Williams|
CONSOLIDATION OF BANKS.
|When two banks having state depository contracts consolidate, unnecessary to execute depository contract with consolidated bank.|
ASSESSMENT OF PERSONAL PROPERTY.
TAXATION OF PERSONAL PROPERTY.
AGRICULTURAL FIELD CROPS.
|1. Section 137.115(2), RSMo 1959, respecting the assessment for taxation of agricultural field crops, does not violate Art. X, Sec. 4 (a) and (b) of the Constitution of Missouri and is constitutional.|
2. The taxpayer should claim his right to exemption under Section 137.115 by informing the assessor when taxable personal property consists of agricultural field crops in an unmanufactured condition intended to be used solely as seed or in the feeding of livestock or poultry.
|75-64||Mar 31|| ||Opinion letter to Mr. Proctor N. Carter|
|76-64||Mar 6||INHERITANCE TAX WAIVERS. CORPORATE STOCK.||If, after the filing of the inventory and appraisement of the estate of the decedent, it is the opinion of the court entered of record that these items are not taxable, then and only then do the provisions of Section 145.210, RSMo become inoperative.|
|77-64||Mar 16||GASOLINE TAX.|
|Motor fuel tax claims for refund which had not been filed with the Collector of Revenue within 120 days next preceding October 13, 1963, had legally expired and were not revived when Section 142.230, RSMo Cum. Supp. 1963 was amended extending the period of filing such claims from 120 days to one year.|
|78-64||Jan 23|| ||Opinion letter to the Honorable Brunson Hollingsworth|
|79-64||Nov 10|| ||WITHDRAWN|
|80-64||Mar 9||COUNTY CLERK.|
DEPUTY COUNTY CLERK.
|A deputy county clerk may accept additional employment from the County Weed Control Board and receive compensation for his services. This compensation is separate from and is not to be considered subject to the limitations imposed by Section 51.450, RSMo relating to the compensation of deputy county clerks.|
|84-64||Feb 4|| ||Opinion letter to the Honorable M. E. Morris |
|Candidates who filed for office and paid their filing fee prior to October 13, 1963, as required by Section 120.350, RSMo 1959, need not pay an additional filing fee as required by Section 120.350, RSMo Cum. Supp. 1963 in order to be eligible candidates.|
|87-64||July 8|| ||Opinion letter to the Honorable M. E. Morris|
|Capitol Business College is not “an accredited university, college or conservatory” within the meaning of Section 431.067, RSMo Cum. Supp. 1963; hence, a minor cannot execute a legally binding note or notes for his education at that institution.|
|93-64||Mar 11||LINCOLN UNIVERSITY.|
|The State Treasurer should not transfer the balance in the Lincoln University Fund to the General Revenue Fund.|
|95-64||Feb 12||INSURANCE.||Articles of Incorporation of Republic States Life Insurance Company|
|A man may be prosecuted under Section 563.340, 1959, relating to vagrancy, for his willful neglect or refusal to support his family, even though he is divorced at the time prosecution is initiated, if such willful neglect or refusal is alleged to have taken place prior to said divorce.|
|98-64||Mar 4|| ||Opinion letter to the Honorable Maurice Schechter|
|99-64||Mar 5|| ||Opinion letter to the Honorable Milton Carpenter|
|100-64||Feb 13|| ||Opinion letter to the Honorable J. E. Schellhorn|
|101-64||Mar 19|| ||Opinion letter to the Honorable Frank M. Karsten|
|102-64||Feb 18|| ||WITHDRAWN|
|103-64||Feb 28|| ||Opinion letter to the Honorable Kennard L. Fenton|
|104-64||Feb 18|| ||Opinion letter to the Honorable Herman G. Kidd|
|105-64||Oct 14||COUNTY CLERK.
COUNTY HIGHWAY ENGINEER.
|(1) County engineer of a third class county is not authorized to purchase material and incur expenses on behalf of county in absence of order of record by county court; (2) New county highway engineer has no authority to approve unauthorized expenditures incurred by former county highway engineer and the county court may not ratify and pay such bills; (3) Presiding judge of the county court is not required to sign warrants for expenses incurred by unauthorized county officer; (4) County warrant not signed by presiding judge of county court cannot be lawfully issued; (5) Without order of record, county clerk may not issue and presiding judge is not authorized to sign county warrant.|
|107-64||Feb 25|| ||Opinion letter to Mr. Austin Hill|
|108-64||Feb 28|| ||Opinion letter to the Honorable David Thomas|
HIGH SCHOOL TUITION.
|The term “debt service” as used in Section 161.095, RSMo 1963 Supp., refers only to the indebtedness of the high school attended and the indebtedness of other schools is not included within this term.|
|111-64||Mar 2|| ||Opinion letter to the Honorable Joe R. Ellis|
DEPUTY REGISTRATION CLERK.
|Limitation on the amount a clerk of a third class county may pay for deputy hire in Section 51.450 RSMo does not apply to limit the amount he may pay a deputy registration clerk appointed under Section 116.030 RSMo. Such deputy registration clerk may be assigned duties in the nature of those ordinarily performed by a deputy clerk.|
|114-64||Mar 3|| ||Opinion letter to the Honorable Daniel V. O’Brien|
|116-64||Mar 27||CRIMINAL LAW.
|A defendant may not properly be charged and convicted at the same trial of two distinct felonies (except as authorized by statute) unless he waives this procedure by not objecting during trial or after trial.|
|In a township which contains a city ward from which committeemen and committeewomen are elected, a resident of such city ward may not file for the position of township committeeman or committeewoman.|
|119-64||Mar 6|| ||Opinion letter to the Honorable William E. Seay|
CITY LIBRARY BOARD.
ST. JOSEPH LIBRARY BOARD.
PURCHASE OF BOOKS AND SUPPLIES.
CITY PURCHASING AGENT.
|The city library board of the City of St. Joseph is authorized by the charter and by the statutes, to make its own purchases of necessary books and supplies for the use of the library. No order or ordinance of the City of St. Joseph or its officers compelling the purchase of all supplies by the city purchasing agent, is applicable to the city library board.|
|122-64||Apr 21||CRIMINAL LAW.|
|Prosecuting Attorney has not further jurisdiction over criminal case erroneously commenced in his county, but transferred by Circuit Court to proper county in which crime was committed.|
|123-64||June 4||SALES TAX.|
|The sale of Aldrain granules which are planted with corn seed is not exempt from the Missouri sales tax.|
JUDGES OF ELECTION.
COMPARATIVE SIGNATURE CARD.
|Any question of doubt concerning the identity of a voter who signs the comparative signature card under Section 118.475, RSMo Cum. Supp. 1963, must be decided against the voter by a majority of all judges of election in the precinct before he may be denied the right to vote by reason thereof. A voter who is denied the right to vote on such ground is entitled to vote upon complying with the procedure set out in Section 118.490, RSMo. A voter who willfully refuses to sign the comparative signature card is not entitled to vote.|
|129-64||Apr 1||ELECTIONS. BALLOTS.|
|Peace Corps Volunteers may vote absentee ballots even though not registered.|
|131-64||June 26||PLANNING COMMISSION.|
ATTORNEYS RIGHT TO EMPLOY.
|Planning Commission may not employ legal counsel. The prosecuting attorney must act for Planning Commission.|
|132-64||July 15||FEES & SALARIES.|
|Sheriffs in Second Class counties may retain civil fees as prescribed in Section 57.280, RSMo 1959, only to amount allowed by Section 57.340, RSMo 1959, and are prohibited by Section 57.380, RSMo 1959, from retaining fees collected in criminal cases as outlined in Section 57.290, RSMo 1959. Sheriffs and their deputies in Second Class counties may be reimbursed for travel expense, incurred in making criminal investigations.|
|133-64||Mar 18||COUNTY BOARDS OF EDUCATION.|
|All residents of a school district shall vote as prescribed by law upon the county board of education (Section 165.657, RSMo 1963 Cum. Supp.) which has jurisdiction over their district regardless of what county the voter lives in. Where a part of a school district projects outside the county and is contiguous to both county court districts, the county court district line is to be also projected so as to bisect the whole district and all voters of the district are to vote upon those members of the county board of education to be elected from the area on that side of the bisecting line in which the voter resides.|
|135-64||Apr 24||PUBLIC ADMINISTRATOR.||The public administrator is an elected county official and must file with the county clerk a certified list of all fees received for performance of his statutory duties as provided by Section 51.150, paragraphs (5) and (6), RSMo Supp. 1963.|
|136-64||Mar 18||INSURANCE.||Articles of Incorporation of Mid-West National Fire and Casualty Insurance Company.|
|137-64||May 19|| ||Opinion letter to the Honorable Daniel V. O’Brien|
|138-64||May 7|| ||Opinion letter to the Honorable Maurice Schechter|
|139-64||July 1|| ||Opinion letter to George A. Ulett, M. D.|
|140-64||May 19|| ||WITHDRAWN|
|141-64||July 14|| ||Opinion letter to the Honorable Brunson Hollingsworth|
|142-64||May 13|| ||Opinion letter to the Honorable Ronald M. Belt|
|County may issue bonds for acquiring an airport and for erecting buildings thereon and for equipping said airport for the purpose for which it was constructed.|
|146-64||Apr 3|| ||Opinion letter to the Honorable A. M. Spradling, Jr.|
|147-64||Apr 1||STATE RETIREMENT BOARD.|
COMMISSION ON HIGHER EDUCATION.
UNIVERSITY OF MISSOURI.
|An employee of the Missouri Commission on Higher Education is not eligible for membership in the University of Missouri Retirement Plan. However, he must become a member of the Missouri State Employees’ Retirement System at the time of his employment with the Commission.|
|148-64||May 19|| ||Opinion letter to the Honorable Ralph H. Duggins|
CHIEF OF POLICE.
CITIES, TOWNS and VILLAGES.
|In a fourth class city the office of elected marshal is abolished when a chief of police is appointed, the appointment being authorized by ordinance enacted pursuant to a vote of the people under provisions of Section 79.050, RSMo.|
|152-64||June 22|| ||Opinion letter to Mr. James T. Riley|
|153-64||Apr 17|| ||Opinion letter to Mr. William A. McDonnell|
|154-64||July 27||CORPORATION.||A stock business corporation may not provide by its articles of incorporation for the distribution of its assets upon dissolution to organizations of a charitable or tax-exempt nature.|
|155-64||May 18||CONSERVATION COMMISSION.
SALARIES AND FEES.
|Section 51.150, RSMo Supp. 1963, requires the county clerk to file a certified list of all salaries and nonaccountable fees received by each elected county official by virtue of his office. County Clerks are not required to include service fees received for distributing hunting, fishing, trapping and replacement permits in this list as a county clerk does not receive these fees by virtue of his office.|
|156-64||May 13|| ||Opinion letter to the Honorable Francis Toohey, Jr.|
|158-64||Apr 22|| ||Opinion letter to the Honorable John B. Mitchell|
|160-64||Apr 7|| ||Opinion letter to the Honorable James G. Lauderdale|
|161-64||June 22|| ||WITHDRAWN|
COUNTY BOARD OF EDUCATION.
|A qualified voter has the right to cast a write-in ballot in the election under Section 165.657(4), RSMo 1963 Supp., of members of the county board of education of second, third, and fourth class counties, and that such ballots, if otherwise proper, must be counted for the persons written thereon.|
|164-64||Apr 16||INSURANCE.||Articles of Incorporation of Ozark National Life Insurance Company.|
|165-64||July 21|| ||Opinion letter to the Honorable Frank Bild|
|166-64||Apr 21||SCHOOL BUSES.|
|Licensing of school buses under Section 301.060 (9), RSMo|
|169-64||May 19|| ||WITHDRAWN|
|170-64||May 14||INSURANCE. ||Articles of Incorporation of the proposed Covenant Security Insurance Company are legally insufficient, and require amendment before certification under Section 379.040, RSMo 1959.|
|172-64||Apr 24|| ||Opinion letter to Mr. William E. Siebert|
|173-64||July 15|| ||WITHDRAWN|
|174-64||May 15||LEVEE DISTRICTS.|
LEVEE DISTRICT SUPERVISORS. TAXATION.
|The supervisors of a circuit court levee district have authority under Section 245.175 to levy an additional tax for organizational purposes if the total levies do not exceed one dollar per acre.|
|177-64||Apr 24||INSURANCE.||Articles of Incorporation of Great Missouri Life Insurance Company.|
|180-64||June 8|| ||Opinion letter to the Honorable William G. Johnson|
|183-64||July 15|| ||Opinion letter to the Honorable William E. Seay|
|184-64||May 5|| ||Opinion letter to R. A Michael, D. O.|
|185-64||May 22||CRIMINAL LAW.|
SUPREME COURT RULES.
|Person charged with felony may be bound over after preliminary examination for appearance at some specific time sooner than the day of the next term of circuit court. A criminal case may be tried at the discretion of the court having jurisdiction if the defendant is given a reasonable time to prepare his case.|
|186-64||June 1|| ||Opinion letter to the Honorable Haskell Holman|
|189-64||July 8|| ||Opinion letter to the Honorable Don E. Burrell|
|191-64||Oct 5||INCOME TAX.|
RULES AND REGULATIONS.
|Director of Revenue cannot promulgate rule allowing depreciation in amount greater than original cost price of item.|
|192-64||July 9|| ||WITHDRAWN|
|193-64||May 13|| ||WITHDRAWN|
|194-64||May 13|| ||Opinion letter to the Honorable Warren E. Hearns|
|196-64||May 21|| ||Opinion letter to the Honorable James I. Spainhower|
|198-64||June 23|| ||Opinion letter to the Honorable Don F. Whitcraft|
|200-64||July 1|| ||Opinion letter to Mr. John E. Kelley|
INSUFFICIENT FUND CHECKS.
|Corporate officer who makes or delivers insufficient fund check of corporation to pay corporate debt with intent to defraud and with knowledge of insufficient funds subject to prosecution under Section 561.460.|
COUNTY BOARD OF EDUCATION.
|1. Where all members of the county board of education (Section 165.657 et seq., RSMo) have actual knowledge of the time, place, and purpose of a meeting reasonably in advance, failure to mail written notice as prescribed by Section 165.663, RSMo 1959, does not invalidate the meeting. 2. If no notice (either that prescribed by Section 165.663 or any other) is given of a meeting of a county board of education and all of the members do not attend and the absent members could have attended if notified, then the meeting and any transactions thereat which require board action are invalid.|
|203-64||June 9||WORKMEN’S COMPENSATION.|
DEPARTMENT OF CORRECTIONS.
|An inmate of the Missouri State Penitentiary assigned for work in the license plate manufacturing division who sustains an injury as a result of an accident, arising out and in the course of said employment, is not an employee of the Department of Corrections, and, therefore, not entitled to benefits of the Workmen’s Compensation Act.|
|204-64||July 1|| ||Opinion letter to Mr. E. H. Berry|
|205-64||July 22|| ||Opinion letter to the Honorable Daniel V. O’Brien|
|206-64||Nov 5|| ||Opinion letter to the Honorable Daniel V. O’Brien|
|207-64||June 8|| ||Opinion letter to the Honorable Robert E. Yocom|
|208-64||May 25||INSURANCE.||Articles of Incorporation of Capitol Mutual Casualty Insurance Company.|
|210-64||May 27|| ||Opinion letter to the Honorable Bill D. Burlison|
|211-64||Aug 24|| ||Opinion letter to Dr. H. M. Hardwicke|
|212-64||June 15|| ||Opinion letter to the Honorable Douglas Mahnkey|
|213-64||June 30|| ||Opinion letter to the Honorable Brunson Hollingsworth|
|214-64||June 2||INSURANCE.||Articles of Incorporation of Covenant Security Insurance Company.|
|215-64||June 2|| ||Opinion letter to the Honorable Charles H. Baker|
|216-64||July 13|| ||Opinion letter to the Honorable Gladys B. Stewart|
|218-64||Dec 30||BI-STATE DEVELOPMENT AGENCY.|
EXEMPTION FROM TAXATION.
CHARITABLE USE OF PROPERTY.
|The property of the Bi-State Development Agency, used for the well-being, welfare and convenience of the Bi-State Metropolitan Development District, is exempt from taxation.|
|219-64||July 9|| ||Opinion letter to Mr. John A. Owens|
|220-64||June 17|| ||Opinion letter to the Honorable William G. McCaffree|
|222-64||Sept 16||COUNTY BUDGET LAW.|
SECOND CLASS COUNTY.
|Purchase of real estate for addition to courthouse by second class county may be made out of emergency fund created under Section 50.540, RSMo. Purchase price may be paid over period of years if obligation at time it is incurred does not exceed annual revenue plus unencumbered balances from previous years.|
|224-64||Oct 2|| ||WITHDRAWN|
|225-64||Aug 18|| ||Opinion letter to the Honorable Gladys B. Stewart|
|226-64||July 31|| ||Opinion letter to the Honorable Paul D. Hess, Jr.|
|227-64||Aug 5||CHAUFFEURS’ LICENSE.|
COMPENSATION FOR SERVICES.
|A sheet metal worker is not required to have a chauffeur’s license to operate his employer’s trucks if the trips are so occasional and infrequent that they are not part of the employee’s duties.|
|229-64||June 24|| ||Opinion letter to the Honorable Robert P.C. Wilson, III|
|230-64||July 10||INSURANCE.||Articles of Incorporation of Country-Wide Life Insurance Company.|
|231-64||July 2|| ||Opinion letter to the Honorable J. R. Fritz|
|232-64||July 13|| ||Opinion letter to the Honorable Galdys B. Stewart|
|233-64||July 17|| ||Opinion letter to the Honorable William H. Bruce, Jr.|
|234-64||Aug 19||PLANNING AND ZONING.|
CONTINUANCE OR DISCONTINUANCE.
CANNOT BE VOTED UPON.
THIRD CLASS COUNTIES.
|A proposition as to whether planning and zoning shall be continued or discontinued in third class county of Phelps, cannot be submitted to voters at next general election.|
|235-64||June 19|| ||Opinion letter to the Honorable Frank Conley|
|236-64||Oct 12|| ||Opinion letter to the Honorable Lon J. Levvis|
|237-64||July 2|| ||Opinion letter to Mr. Robert C. Simonds|
|238-64||Aug 24||CORPORATE DIRECTORS.|
|In all elections for the Board of Directors, voting shareholders are entitled to vote cumulatively for all directors to be elected and the Articles of Incorporation (or amendments), may not limit such voters to the election of only a certain number of directors.|
ARTICLES OF INCORPORATION.|
|Executors named in will may as natural persons become incorporators of a corporation to carry on the business of decedent by order of the Probate Court under Section 473.300.|
|240-64||July 8|| ||Opinion letter to Mr. Charles W. Kunderer|
|243-64||Dec 4||NURSING HOMES.|
NURSING HOME DISTRICTS.
|Nursing home districts have authority to prescribe reasonable fees as a prerequisite to admission to nursing homes operated by the nursing home district and the obligation to support indigent poor persons who are residents in the county is still an obligation of the county court or other persons or agencies having a statutory duty of support and such support is not an obligation of the nursing home district.|
|245-64||July 17|| ||Opinion letter to the Honorable Charles P. Moll|
|248-64||Aug 3|| ||WITHDRAWN|
|249-64||July 29|| ||Opinion letter to Dr. Ben Morton|
|250-64||July 1|| ||Opinion letter to H. M. Hardwicke, M.D. |
|253-64||July 7||INSURANCE.||Articles of Incorporation of Great Heritage Life Insurance Company.|
|254-64||Nov 23||ROAD DISTRICTS.|
SPECIAL ROAD DISTRICTS.
GENERAL ROAD DISTRICTS.
|A proposition to levy an additional road tax in accordance with Section 137.565, RSMo 1959, may be held in a general road district on the same day and in connection with a general election.|
|255-64||Aug 6|| ||Opinion letter to the Honorable Thomas D. Graham|
|257-64||Aug 3|| ||Opinion letter to the Honorable Warren E. Hearnes|
|258-64||Sept 9||BANKS.||State Chartered Banks have no authority to purchase stock in an Industrial Development Corporation.|
|260-64||July 14||INSURANCE.||Articles of Incorporation of American Independence Life Insurance Company.|
|263-64||Aug 13||WELFARE, DIVISION OF.||Division of Welfare may use its State appropriated administration funds together with funds granted by the Federal Government to carry out a staff development program involving full-time educational leave to its selected employees.|
|A newspaper subscription contest in which contestant is awarded points for subscriptions sold does not constitute a lottery in violation of Section 563.430 because the element of chance is absent.|
|266-64||July 13||INSURANCE.||Articles of Incorporation of All American Life Insurance Company.|
|267-64||Aug 5|| ||Opinion letter to the Honorable Harry E. Hatcher|
|269-64||July 15|| ||Opinion letter to Representative Thomas A. Walsh|
|In counties governed by Chapter 114, local option registration law, county clerk should furnish registration forms to persons who cannot register in person because of illness, disability or absence from county only upon written application of such person, stating the facts relative to illness, disability or absence.|
|Fried chicken sold for consumption off premises and not part of complete meal must be sold by weight.|
|277-64||Oct 1||LINCOLN UNIVERSITY.|
BOARD OF CURATORS.
|(1) Board of Curators of Lincoln University may confer honorary degrees and titles by a majority vote of the quorum. (2) Board of Curators may take-valid action relating to the payment of bills and other such matters if a majority of a quorum affirmatively vote for such action. (3) The Board of Curators may delegate to an executive board authority to ascertain facts and to make recommendations to the full board.|
|278-64||Aug 17|| ||Opinion letter to the Honorable Vernon C. Mayfield|
|279-64||Nov 20||LIBRARY BOARDS.|
|A City-County library board is authorized to construct a library building and employ architects provided Article VI, Section 26(a), of the Missouri Constitution is not violated, which prohibits incurring indebtedness in any year/exceeding the income and revenue for that year plus unencumbered balances from previous years.|
|280-64||Aug 14|| ||Opinion letter to the Honorable Leon F. Burton|
|282-64||Sept 28||SOCIAL SECURITY.|
|The Missouri Bar is an instrumentality of the state as defined in Section 105.300 (7) RSMo. It is a juristic entity, legally separate and distinct from the state, whose employees are not state employees.|
COUNTY HIGHWAY ENGINEER.
|It is incompatible for the same person to hold the office of county highway engineer of a county of the third class and to also be employed as a laborer by the same county road system.|
|284-64||Sept 16||ELECTION. NONPARTISAN CANDIDATES.||Chapter 120, RSMo 1959, authorizes candidacy through the usual primary election process or by nominating petitions.|
|285-64||Dec 4||CERTIFIED PUBLIC ACCOUNTANTS.|
CITIES, TOWNS, AND VILLAGES.
|A third class city cannot levy a license tax on accountants.|
|The mere zoning of land as “Small Farm” by the City of Fenton would not preclude (1) the City or County of St. Louis, (2) the City and County acting jointly, or (3) the Bi-State Development Agency from condemning such land for airport purposes.|
|287-64||Sept 24|| ||Opinion letter to the Honorable Charles G. Hyler|
|288-64||Sept 30|| ||Opinion letter to Mr. Leon F. Burton|
|County hospital, established under Section 205.350, can be operated only by county court, not by board of trustees or nonprofit corporation.|
|291-64||Dec 8||HARDSHIP DRIVING PRIVILEGE.|
|Circuit court granting limited driving privilege may amend or modify order at any time. Person operating car contrary to limited driving privilege order subject to criminal charge. Conviction of charge of operating contrary to limited driving order is basis for revocation of order by court granting such order.|
|292-64||Sept 16||STATE TAX COMMISSION.|
APPEALS TO STATE TAX COMMISSION.
COUNTY BOARD OF EQUALIZATION.
|Neither a county, an officer thereof nor a school district has a right to appeal to the State Tax Commission from a decision of a county board of equalization, determining the assessed valuation of an individual property.|
|294-64||Oct 5|| ||Opinion letter to Mr. Ralph H. Duggins|
|295-64||Aug 21|| ||WITHDRAWN|
|296-64||Sept 8|| ||Opinion letter to the Honorable James E. Conway|
|297-64 ||Aug 21|| ||Opinion letter to the Honorable Thomas D. Graham|
|298-64||Sept 9|| ||WITHDRAWN|
|299-64||Aug 31|| ||Opinion letter to the Honorable Daniel V. O’Brien|
|300-64||Aug 28|| ||Opinion letter to Mr. Charles E. Cates|
ROADS AND BRIDGES.
SECOND CLASS COUNTY.
COUNTY BUDGET LAW.
|Where second class county has levied a tax under Section 137.555, RSMo 1959, for the purpose of creating a Special Road and Bridge Fund and budget adopted for fund under Sections 50.025 to 50.660, RSMo, and funds received from tax are in excess of amount budgeted, the budgeted amount for this fund cannot be changed or amended.|
MOTOR VEHICLE LICENSES.
|A dolly used to tow disabled automobiles to and from a salvage yard is not a trailer as defined in Section 301.010 (27) (28) and is not required to be registered and licensed by the state.|
CITIES, TOWNS, AND VILLAGES.
|A county which presently levies the maximum property tax authorized by the Constitution may not levy an additional tax to secure funds for a county fair under authority of Section 64.755, RSMo Cum. Supp., so long as a city within the county levies a tax on property within the city for park purposes, one of those purposes set out in Section 64.755. Nor may a county submit a proposed tax to the public in anticipation of legislative action authorizing the proposed tax.|
|309-64||Sept 14|| ||Opinion letter to Major General A. D. Sheppard|
PRACTICE OF MEDICINE.
BOARD OF HEALING ARTS.
|Chiropodists prohibited from treating systemic diseases including “nerves” even though such diseases affect patient’s foot.|
|314-64||Oct 5||INCOME TAX.|
INCOME TAX RETURNS.
|No person other than a grand jury, prosecutor or Attorney General may obtain information from the Director of Revenue concerning income tax returns, including disclosure of whether or not a return has been filed.|
|315-64||Sept 30||INSURANCE.||Articles of Incorporation of the Life and Health Insurance Company of St. Louis.|
|316-64||Sept 16||BOARD OF PHARMACY.|
|Restrictions imposed by city ordinance provide no basis for the Missouri Board of Pharmacy to refuse to license a pharmacy which is otherwise qualified for license.|
|320-64||Sept 28|| ||Opinion letter to the Honorable Earl R. Blackwell|
|321-64||Dec 31|| ||Opinion letter to George A. Ulett, M.D.|
|322-64||Oct 12||SHERIFFS’ BILLS.|
BOARDING OF PRISONERS.
|Sheriffs’ bills submitted to the county clerk for board of prisoners must be based on actual cost in accordance with the mandate of Section 221.090 (1).|
|Appointed probate judge serves until the next general election at which a successor is elected.|
OLD AGE ASSISTANCE.
|Persons who are receiving old age assistance or welfare or general relief payments from the state or county are entitled to vote unless they are actually residing in the county infirmary.|
|325-64||Oct 16|| ||Opinion letter to Mr. Harold Owens|
|326-64||Oct 28|| ||Opinion letter to the Honorable Rolin T. Boulware|
|327-64||Oct 13||ELECTIONS. |
|County Clerk cannot require application for absentee ballot to be sworn to.|
|Third Class counties without voting machines are not required to print and distribute sample ballots in General Elections.|
|331-64||Nov 10||BONDS. |
|1. County court is not required to but may furnish an outgoing public administrator with an office.
2. County court has no obligation to pay the bond premium of incumbent or outgoing public administrator.
|333-64||Oct 29|| ||WITHDRAWN|
DIVISION OF FINANCE.
COMMISSIONER OF FINANCE.
|The Division of Finance may in its discretion properly advise the FDIC not to pay certain claims of corporate depositors asserted against the FDIC when an officer or debtor of a bank in liquidation has a financial interest in such corporate depositor.|
|340-64||Nov 6|| ||Opinion letter to the Honorable William G. McCaffree|
|342-64||Oct 16||INSURANCE.||Articles of Incorporation of United Mutual Insurance Company.|
|343-64||Oct 12||INSURANCE.||Articles of Incorporation of Family Benefit Life Insurance Company|
|344-64||Nov 30||CAMPAIGN EXPENSES.|
|Political committee assessments are reportable campaign expenses.|
|Write-in votes must be counted and totaled without regard to the party ticket the voter chances to use.|
|346-64||Nov 6|| ||Opinion letter to the Honorable Virgil Conkling|
|347-64||Oct 12||INSURANCE.||Articles of Incorporation of the Executive Security Life Insurance Company|
|348-64||Oct 12||INSURANCE.||Articles of Incorporation of the Modern Assurance Life Insurance Company|
|The preceding twelve month period for which payments to a county assessor in a third class county not having township organization under Section 53.143, RSMo Cum. Supp., 1963, is based is the preceding twelve-month period beginning September first and ending August thirty- first. The county treasurer should issue the warrants for such payments although the county clerk shall perform all duties relating to the social security contributions in respect to those payments.|
|350-64||Dec 30||COUNTY SUPERINTENDENT.|
COMPATIBILITY OF OFFICES.
|1. The capacities of county superintendent and public teacher are incompatible.|
2. If a county superintendent accepts employment as a public school teacher he ipso facto vacates his office as county superintendent.
3. If the office of county superintendent is vacated by acceptance of a second incompatible position, the county superintendent’s right to compensation ceases and also the county court does not have authority to employ clerical assistance for the county superintendent’s office.
|Retirement is compulsory for all employees of the State Board of Barber Examiners at the age of 65 years, except that (1) any employee, upon written request, with the written approval of the President of said barber board filed with the Retirement Board in advance of the retirement date, may be retained for successive periods of one year until age 70; and except that (2) any person with professional, scientific or technical skills who is so certified to the trustees of the retirement system by his department head and such certification approved by the Retirement Board, shall not be precluded employment or continued employment at any age. The Governor may appoint any person to the State Board of Barber Examiners who meets the requirements of Section 328.030, RSMo, regardless of age.|
|353-64||Oct 16|| ||Opinion letter to the Honorable Lawrence A. Schneider|
|1. When absentee ballots are sent by mail they must be directed to the voter and sent by Certified Mail with return receipt and addressed to the voter at the place where he is actually residing.|
2. Absentee ballots must be voted in the presence of the notary public or other officer and deposited and sealed in the envelope and the notary must place his signature and title on the envelope.
|357-64||Oct 16||DIVISION OF FINANCE.|
|Articles of Incorporation of Scott City Bank and Trust Company.|
|359-64||Nov 18||FOREIGN COUNTRIES.|
|Section 442.580, RSMo 1959, does not prohibit a foreign government from acquiring, holding, or owning real estate in the State of Missouri.|
|360-64||Nov 25||PUBLIC OFFICERS.|
NONPARTISAN COURT PLAN.
|Person elected to nonpartisan Circuit Judicial Commission residing within such district at the time of election who later removes his residence to a place not within such district is not qualified to continue as a member of such Circuit Judicial Commission.|
|361-64||Nov 16||JUNIOR COLLEGE DISTRICT.|
STATE TAX COMMISSION.
|The property of public utilities enumerated in Chapters 151, 153, and 155, RSMo, is subject to 1964 taxation by the Junior College District of Metropolitan Kansas City to the same extent as other property in the district. The State Tax Commission has the duty of apportioning the valuation of such utilities to the junior college district for 1964 taxation and is authorized to obtain the necessary information for such purpose.|
|363-64||Dec 22|| ||Opinion letter to Mr. George G. Hatsell|
|365-64||Dec 7||HOSPITAL DISTRICT.|
|County Collector may turn over tax funds collected for hospital districts to the hospital district.|
|367-64||Oct 28|| ||Opinion letter to Dr. Earl Dawson|
|368-64||Oct 29||INSURANCE.||Acceptance of regular life insurance law by United Mutual Insurance Company, an assessment plan company.|
|371-64||Dec 3||INSURANCE.||Articles of Incorporation of Universal Underwriters Life Insurance Company.|
|374-64||Nov 24||INSURANCE.||Articles of Incorporation of First Equity Life Insurance Company of Missouri.|
|375-64||Nov 16|| ||Opinion letter to Mr. Harold Owens|
|377-64||Dec 9||COUNTY COURTS.|
|The County Court of Ste. Genevieve County under Section 110.180, RSMo 1959, may designate an additional bank as a depositary at a time other than at the May term in an odd-numbered year.|
WEIGHTS AND MEASURES.
|A hamburger or other meat sandwich may be considered a ready-to-eat meal, sold as a unit, and the meat therein sold for consumption elsewhere than on the premises is not required by Section 413.275 to be sold by weight.|
|383-64||Nov 24|| ||Opinion letter to the Honorable Hugh J. White|
|384-64||Dec 9|| ||Opinion letter to the Honorable Warren E. Hearnes|
|385-64||Nov 18|| ||Opinion letter to the Honorable Charles G. Hyler|
|Advances or loans to a Surplus As Regards Policyholders of a mutual insurance company should be paid before any part of said surplus is distributed to the policyholders as owners of the mutual company.|
|389-64||Dec 7||COUNTY COURTS.|
|A special fund for the eradication of Johnson Grass may be transferred to the general revenue fund, or to such other fund as may be in need of such balance, upon the termination of a county as a Johnson Grass Extermination Area.|
|394-64||Dec 22||COUNTY AUDITOR.|
CREATION OF THE OFFICE IN SECOND CLASS COUNTIES.
|The office of county auditor is created and vacant on January 1, 1965, in St. Charles County. The Governor may fill the said vacancy.|
|396-64||Dec 10||CONSTITUTIONAL LAW.|
|Proposed legislation relating to the establishment of the Missouri State Council on the Arts and defining the council’s powers and duties does not violate the provisions of the Constitution of Missouri prohibiting the granting, giving or lending of public money, property or credit to private persons, associations or corporations.|
|397-64||Dec 11||PUBLIC ADMINISTRATOR.|
COUNTY SCHOOL BOARDS.
|Person may hold office of public administrator and be a member of the county school board at the same time.|
|400-64||Dec 10|| ||Opinion letter to the Honorable Peter J. Grewach|
|401-64||Dec 17|| ||Opinion letter to the Honorable Charles H. Baker|
|403-64||Dec 15|| ||Opinion letter to the Honorable F. M. Brady|
|407-64||Dec 10|| ||Opinion letter to the Honorable Robert E. Yocom|
|411-64||Dec 11|| ||Opinion letter to the Honorable Brunson Hollingsworth|
|413-64||Dec 31|| ||Opinion letter to the Honorable E. J. Cantrell|
|As regards to the University of Missouri and its branches, Lincoln University and the five state colleges, that: 1. Under the Constitution and Statutes of Missouri a graduate of an accredited high school does not have an absolute legal right to be admitted. 2. The governing boards of these institutions have the authority to set by rules and regulations admission requirements which are reasonable and not arbitrary. 3. The provisions of neither Article IX, Section 1(a), Missouri Constitution of 1945, nor Section 160.090(2), RSMo 1959, prevent the governing boards of these institutions from adopting reasonable and nonarbitrary admission requirements.|
|416-64||Dec 14||INSURANCE.||Acceptance of regular life insurance law by Manchester Life Insurance Company, a stipulated premium plan company.|
|423-64||Dec 16|| ||Opinion letter to Mr. O. E. Pettijohn|
|433-64||Dec 29||INSURANCE.||Articles of Incorporation of Kennedy National Life Insurance Company.|