PUBLIC SERVICE COMMISSION.
|Third class city may sell water to other cities and to individuals beyond its corporate limits. Such city may not own facilities beyond its corporate limits to deliver such water. Such sales are not subject to jurisdiction of Public Service Commission. Third class city may not sell gas beyond its corporate limits. This opinion does not apply to cities having combined waterworks and sewerage systems which fall within the provisions of Section 250.190, RSMo.|
|14-67|| || ||Withdrawn|
|A development finance corporation formed under the provisions of Chapter 371, RSMo, may borrow money from any number of persons including members at the same time. Money borrowed from nonmembers may be secured as provided by Section 371.130 (4), RSMo Supp. 1965, in any priority.|
|17-67||Jan 24||AID TO BLIND.|
DEPARTMENT OF PUBLIC HEALTH AND WELFARE.
|State Welfare Department is required to prepare public assistance budget of income and expenses in determining need for aid to the blind.|
|21-67||Nov 2||MOTOR VEHICLE REGISTRATION.|
DEPARTMENT OF REVENUE.
|Subsection 1 of Section 301, RSMo 1959, prohibits any person from transferring his license plate to another person except for a period of fifteen days following the sale of a motor vehicle.|
|23-67||May 31||NOTARY PUBLIC.|
SECRETARY OF STATE.
|It is therefore the opinion of this office that the seal of a notary public may be imprinted directly upon the document or the impression may be affixed to the document. Either application is valid if the said seal bears the inscribed information required by Section 486.040, RSMo 1959. Any administrative rule or practice to the contrary appears to be in conflict with the above stated authorities.|
|30-67||Mar 23||FIRE DISTRICTS.|
CLASS ONE COUNTIES.
|A provision for pensioning of salaried employees of a fire district who incur non-service connected disabilities requiring their retirement from service of the fire department is within the authority of the board of directors of a class one county fire district.|
|31-67||June 8||LEASED PROPERTY.|
PROPERTY TAX EXEMPTION.
TAXATION – EXEMPTIONS.
|Property leased by an individual or private business to the United States, the state, city, county or a political subdivision of the state, under a lease-purchase or rental-purchase agreement, for a consideration, is not owned by such governmental unit and is not exempt from taxation under Section 137.100, RSMo 1959, prior to the time the option to purchase is irrevocably exercised.
Property leased by an individual or private business for a consideration under a rental-purchase or lease-purchase agreement to an organization to be used for religious worship, for schools or colleges or for charitable purposes, is not exempt from taxation under Section 137.100, RSMo, prior to the exercise of the purchase option because the property is not being used exclusively for such purposes.|
|35-67||Mar 7||PERSONAL PROPERTY.|
|Sales tax may not be assessed upon the sale of steam used for heating purposes.|
|37-67||Feb 2||GRAIN WAREHOUSE FUND.|
GENERAL REVENUE FUND.
|Fees for services rendered under Grain Warehouse Law shall be set by Commissioner of Agriculture to produce sufficient revenues to meet the expenses of administering the law.|
|39-67||Mar 14|| ||Opinion letter to the Honorable C. P. Lehen|
|41-67||Aug 3||DRIVERS LICENSES.|
DRIVERS LICENSE REVOCATION.
DRIVING WHILE INTOXICATED.
|1. Commission of another offense incident to driving while intoxicated is not necessary in order to convict an individual for the offense of “driving while intoxicated. |
2. An individual arrested for “driving while intoxicated” may have his license revoked for refusing to submit to a breath test, whether the arrest involved another offense incident to driving while intoxicated or not.
|42-67|| || ||Withdrawn|
THIRD CLASS COUNTIES.
|The City of Sedalia cannot undertake to construct a park four miles outside its corporate limits.|
|44-67||Apr 20|| ||Opinion letter to Mr. Robert L. Hyder|
|45-67|| || ||Withdrawn|
|46-67||Mar 7||NATIONAL FOREST RESERVE FUNDS.|
TAXATION – SCHOOLS. COUNTIES.
|Money received from the National Forest Reserves under Chapter 12, RSMo, and distributed to the various counties for the use of school districts shall under Section 165.011, RSMo Supp. 1965, be placed to the credit of the teacher’s fund.|
|47-67|| || ||Withdrawn|
|50-67||June 18||INSURANCE.||Scheme for recovery of medical and hospital expenses through voluntary contributions constitutes engaging in insurance business.|
|51-67||Feb 21|| ||Opinion letter to the Honorable William H. Bruce, Jr.|
|54-67||Feb 6|| ||Opinion letter to Mr. James L. Paul|
|55-67||Apr 19|| ||Opinion letter to the Honorable Melvin D. Benitz|
|Periodicals which do not have a paid circulation do not qualify as newspapers under Sections 231.280, RSMo 1959, which provides for publication in a newspaper of the township financial statement and inventory of township property.|
|58-67||July 6||OLD AGE ASSISTANCE – PAYABLE TO.|
INMATE OF COUNTY NURSING HOME.
COUNTY NURSING HOME.
NON-PROFIT CORPORATING, OPERATING COUNTY.
NURSING HOME – WHEN.
|Patient in county nursing home established under Section 205.375 RSMo 1959 which is a public medical institution, under Section 208.010 RSMo 1959 may receive old age assistance payment if otherwise eligible. Division of Welfare has discretion to pay old age assistance to recipient-patient in county nursing home as it determines proper, or directly to county nursing home it has classified as medical institution.|
|1) A county superintendent does not have authority under Section 167.121, RSMo Supp. 1965, to assign a pupil from a district in the State of Missouri to attend a school district of another state.|
2) The board of education of a Missouri public school district may contract with the school district and officials in another state for the providing of instructional services to pupils resident of the Missouri district where the schools of the other state are more accessible to the pupil so long as the contract does not delegate or surrender governmental functions and duties which are inherently vested in the Missouri public school board.
|62-67||June 1||SECOND CLASS COUNTIES.|
|The County Court of a second class county must comply with Section 50.660, RSMo 1959, and submit all contracts involving expenditures of $500.00 or more for insurance on county property to the lowest and best bidder after due opportunity for competition.|
|65-67||Jan 20|| ||Opinion letter to the Honorable Thomas D. Graham|
|66-67|| || ||Withdrawn|
PUBLIC OFFICERS. SCHOOLS.
|School Board Member who votes to employ relative violates constitutional nepotism provision. Violator forfeits his office.|
|69-67||Sept 7||CRIMINAL LAW.|
RECKLESS OR NEGLIGENT.
OPERATION OF MOTOR BOAT.
A CRIME – WHEN.
|If one is charged with operating motor boat in reckless or negligent manner so as to endanger life or property of any person, by permitting one to ride on bow, while boat is operated; no criminal violation of Section 306.110 (1) RSMo 1959, would be alleged. In addition to such allegations, other facts must be given, specifically showing how motor boat was operated in reckless and negligent manner within meaning of said section, to sufficiently charge defendant with violation of same.|
|70-67||May 23|| ||Opinion letter to the Honorable Lawrence O. Davis|
|Prescription glasses may be sold or dispensed to the individual who will wear the glasses or anyone of his choosing, and wholesale optical suppliers or manufacturers are not required to furnish such glasses pursuant to an individual prescription only to licensed optometrists and physicians.|
Preparing a prescription for corrective glasses constitutes the practice of optometry as defined in Section 336.010, RSMo, and such a prescription may not be altered or changed in any manner that would affect the corrective properties of the lens by anyone other than a licensed optometrist or physician.
|78-67||Mar 16||ROAD DISTRICTS.|
|It is illegal for a special road district to repair or improve any private roads even though the cost is paid for by the owner.|
|82-67||Jan 31||NINE-HOUR LAW.|
MISSOURI FAIR EMPLOYMENT PRACTICES ACT.
|The Missouri Fair Employment Practices Act does not negate nor supplant the Nine-hour Law and related statutes.|
|83-67||Mar 29|| ||Opinion letter to the Honorable Lem T. Jones, Jr.|
|84-67||Feb 21|| ||Opinion letter to the Honorable Fielding Potashnick|
|85-67||Mar 30|| ||Opinion letter to the Honorable Dexter D. Davis|
|86-67||Aug 9|| ||Opinion letter to the Honorable Charles H. Baker|
|89-67||Feb 14||OFFICERS. CONSTITUTIONAL LAW.
||By virtue of Article XIV, Section 9, Missouri Constitution, it is unlawful for a person to hold the position of member or alternate member of a County Agricultural Stabilization Committee Board and at the same time hold the office of collector, trustee or assessor of a township in this state.|
|92-67|| || ||Withdrawn|
|95-67||June 6||CHAUFFEUR LICENSE.|
MOTOR VEHICLE LICENSE.
|A van-type vehicle designed to accommodate eight people and regularly used as a courtesy car by motels to transport not more than eight guests to and from the airport is not a “commercial vehicle” as defined in Section 301.010 (1) RSMo 1959, and is not required to be licensed as such. An employee of a motel which regularly uses these vehicles for such purpose is acting as a chauffeur as defined in the second classification of Section 302.010 (3) RSMo Supp., 1965, and may be prosecuted for a misdemeanor if he so operates such a vehicle without possessing a valid chauffeur’s license.|
|97-67||Nov 24||JUNIOR COLLEGE DISTRICTS.|
|When the boundaries of a public school district which is a component of a junior college district are changed then the boundaries of the junior college district are also changed automatically to coincide with the new boundaries of the component school districts.|
|98-67|| || ||Withdrawn|
|100-67||Feb 7||LIQUOR.||Liquor that has been consumed does not come within the meaning of the word “possession” as used in Sections 311.325, RSMo 1959, and 312.407, RSMo Supp. 1965.|
|101-67||July 11||CORONER’S FEES.||A coroner of a fourth class county, being himself, a physician or surgeon, is not entitled to a twenty-five dollar fee ($25) in conducting a post-mortem examination in addition to compensation in the form of salary as provided by law.|
|102-67||Mar 20|| ||Opinion letter to the Honorable C. M. Bassman|
|103-67||Feb 14||COUNTY BOARDS OF EDUCATION.|
|Where only one school district would be under the jurisdiction of a county board of education, the board of education of that school district should serve as the county board of education as provided by Section 162.113, RSMo Supp. 1965.|
|104-67||Feb 7||HOUSE OF REPRESENTATIVES.|
|A representative in the 1967 Legislature (74th General Assembly) is qualified under Article III, Section 4 of the Constitution to represent a district any part of which is within the county in which the representative resides.|
INTANGIBLE TAX. SAVINGS AND LOAN ASSOCIATIONS.
|Dividends received from both in-state and out-of- state savings and loan associations are not subject to Chapter 146, RSMo, the Missouri Intangible Tax Law.|
|106-67||Mar 23|| ||Opinion letter to the Honorable Dexter D. Davis|
|107-67|| || ||Withdrawn|
|109-67||Apr 25||POLITICAL SUBDIVISIONS.|
PUBLIC WATER SUPPLY DISTRICTS.
TAXATION–EXEMPTIONS. TAXATION–SALES TAX.
|A public water supply district organized under the provisions of Chapter 247, RSMo 1959, is a “political subdivision” within the meaning of that term as used in Section 39 (10), Article III, Constitution of Missouri 1945, and such districts are not subject to sales or use tax for the purchase of materials or equipment made directly by the district out of its funds to be owned exclusively by and for the exclusive use of the district.|
|111-67||Jan 24|| ||Opinion letter to the Honorable Thomas A. Walsh|
|112-67||May 9|| ||Opinion letter to the Honorable William J. Esely|
|113-67||Apr 25||COUNTY HOSPITALS.|
BOARD OF TRUSTEES. BUDGET.
|A county hospital established under the provisions contained in Sections 205.160 to 205.340 RSMo 1959 is governed by the requirements of Section 50.540, RSMo Cum. Supp., 1965, to the extent that the hospital board must submit its budget to the budget officer, but that said budget is not subject to revision as provided in Section 50.610 RSMo Supp., 1965.|
|115-67||July 3||REAL PROPERTY.|
|Facilities owned by schools and colleges, used exclusively as residences for students and/or faculty of the school, are exempt from property taxes by Section 137.100, RSMo if this use is primarily for educational purposes and not only as housing facilities for the convenience and benefit of the students or faculty residing therein. The determination of what constitutes the primary use rests upon the facts of each individual case.|
|118-67|| || ||Withdrawn|
|119-67||Mar 30||RELIGIOUS ORGANIZATIONS.|
TAXATION–SALES AND USE TAXES.
|Purchases of construction materials by a religious organization to be turned over to a contractor for use in building a church are purchases made in the conduct of regular religious functions and activities of the organization and are exempt from sales and use taxes under Section 144.040, RSMo 1959.|
|120-67||Jan 9||FEDERAL GRANTS. COMMISSION ON HIGHER EDUCATION.
||Missouri Commission on Higher Education is empowered and authorized to receive and utilize federal grants under the Federal Higher Education Facilities Comprehensive Planning Grants Program.|
|121-67||Mar 6|| ||Opinion letter to the Honorable Kenneth J. Rothman|
|123-67||Jan 13|| ||Opinion letter to the Honorable William R. Clark|
|124-67||May 2||COUNTY TREASURER.|
SECOND CLASS COUNTIES.
|A county treasurer of a second class county must submit his deputy and assistant appointments to the county court pursuant to Section 54.230, RSMo 1959.|
|125-67||Feb 2||PROSECUTING ATTORNEYS.||Only one assistant prosecuting attorney may be appointed in third and fourth class counties.|
|127-67||May 9||DEPARTMENT OF REVENUE.|
STATE RECORDS COMMISSION.
|The disposition of state records, regardless of pre-existing laws, is now governed by rules and regulations promulgated by the State Records Commission pursuant to Section 109.310, RSMo Supp. 1965, after the effective date of the adoption of such rules and regulations.|
|128-67||May 31||COUNTY HOSPITAL.|
COUNTY COURT CANNOT TRANSFER.
|County hospital trustees have exclusive control and expenditure of all money collected to credit of county hospital fund under Section 205.190, RSMo Cum. Supp. 1965, including taxes levied for hospital maintenance, under Section 205.200, RSMo Cum. Supp. 1965. Tax levy under said section may be used for maintenance, improvement, construction and furnishing necessary hospital additions. Said tax proceeds shall be used for purpose for which tax levied and none other. County court is unauthorized to transfer unused balance of hospital maintenance fund to county road and bridge fund or to county revenue fund.|
|131-67||Mar 30||SCHOOL DIRECTORS. JURY SERVICE. ||Members of the Board of Education of six-director school districts are not excused from jury service by the provisions of Section 494.031(7), RSMo 1959.|
|133-67||May 18||STATE EMPLOYEES’ RETIREMENT SYSTEM.|
|A member of the legislature who has served six or more years as a member of the General Assembly and who meets the conditions for retirement at or after normal retirement age is entitled to receive credit in calculating his retirement annuity for having served in a biennial assembly from which he has resigned.|
|134-67|| || ||Withdrawn|
|136-67||Mar 23||VOTERS.||Doctrine of “one-man, one-vote” does not apply to positions that are appointed.|
|138-67|| || ||Withdrawn|
|139-67||Feb 21||COUNTY SCHOOL SUPERINTENDENT.|
VOTER REGISTRATION. SCHOOL DISTRICTS.
|County voter registration under Chapter 114, RSMo, does not apply to voters living outside Springfield voting for county superintendent of schools or the school election.|
|141-67||June 16||CITY LIBRARY.|
|(1) The Mexico City Library and the Audrain County Library District are authorized to expend funds to remodel a building for the use of both (2) That the building may be owned by the two as tenants in common and (3) That the two may enter into a cooperative agreement respecting the rights and obligations of both. |
|Pursuant to Section 483.485, RSMo Cum. Supp. 1965, a county court determines the need for additional employees of a magistrate court and also determines the amount of salary to be paid from the county funds. |
|143-67||July 20|| ||Opinion letter to the Honorable Bill D. Burlison|
|144-67|| || ||Withdrawn|
|146-67||Aug 1|| ||Opinion letter to the Honorable Jewell Kennedy|
|149-67||Mar 14||CONFLICT OF INTEREST.|
JOHNSON GRASS LAW.
COUNTY WEED CONTROL BOARD.
|The employment by the Platte County Weed Control Board of one of its members to perform services for the Board is against public policy and therefore unlawful.|
|150-67||Mar 20|| ||Opinion letter to the Honorable Albert F. Turner|
|151-67||Oct 24||ABSENTEE BALLOTS.|
|Applications made by mail for absentee ballots may be made signed either by the person’s signature or his mark if properly authenticated. If not authenticated, the Board of Election Commissioners should investigate to determine the validity of the application. If the application is made in person, by the voter, it may be executed, either by the voter’s signature or his mark.|
|152-67|| || ||Withdrawn|
|155-67||July 6||COUNTY HIGHWAY ENGINEER.|
COUNTY COURTS. COUNTY PLANNING COMMISSION.
|In a county in which there is no county highway engineer the county planning commission may nonetheless function.|
|A public school board may allow the use of public school property by a church college or municipality for civic, social and educational purposes that do not interfere with the prime purposes of the school property and that where there is an exchange of consideration between the public school district and the church educational institution, then there is no aid to religion. |
|159-67||Mar 7||CHARTER FORM OF GOVERNMENT.|
CITY OF THE FOURTH CLASS.
|A census taken by a fourth class city pursuant to Section 81.030, RSMo 1959, has the legal force and effect of a federal decennial census under Section 82.020, RSMo 1959, for the purposes of a determination of the population or number of inhabitants required for adoption of a Charter form of government under Article VI, Section 19, of the Constitution. |
|161-67||June 29|| ||Opinion letter to the Honorable Gene E. Voigts|
|162-67|| || ||Withdrawn|
|167-67||Mar 7||COUNTY COURT.|
|Person claiming bounty for killing wild animals must personally subscribe to oath before county clerk.|
|Two or more persons whether members of labor union or not, collecting and disbursing money to be used in furtherance of election to public office of any person, constitute a political committee and treasurer must file report of expenditures in period during ninety days preceding election including primaries. Statute of limitations under Section 129.260 (3) requiring treasurer to file a statement within five days after request by five freeholders is one year.|
|Where a public road is closed or abandoned, the county would have a reasonable time to remove a bridge located on a county road. Title to the bridge does not revert to the adjoining landowners.|
|175-67|| || ||Withdrawn|
|176-67|| || ||Withdrawn|
|179-67||Mar 23||CONSTITUTIONAL LAW.|
|Statute requiring operators or passengers on motorcycles to wear helmets constitutional.|
|180-67||Mar 20|| ||Opinion letter to the Honorable James A. Noland, Jr.|
|181-67||Feb 23||INSURANCE.||Articles of Incorporation of American Patriot Life Insurance Company.|
|182-67||Apr 11||JUVENILE COURTS.|
|It is mandatory that a fourth class county pay cost of foster home care.|
|188-67||Mar 9|| ||Opinion letter to the Honorable Homer D. Wampler, III|
|189-67||Mar 14|| ||Opinion letter to the Honorable Arlie H. Meyer|
|190-67||July 13||SIX DIRECTOR SCHOOL DISTRICTS.|
|A six director school district is a public corporation and under Section 177.101 RSMo Supp. 1965 when applicable, certain six director school districts are authorized to establish and maintain parks within their districts.|
|193-67||Oct 17|| ||Opinion letter to the Honorable Gene McNary|
|194-67||Mar 30|| ||Opinion letter to the Honorable William R. Royster|
RACE, DESIGNATION OF.
|House Bill No. 136 (74th General Assembly), if enacted, would not invalidate presently valid registrations. |
|196-67|| || ||Withdrawn|
|201-67||Mar 21|| ||Opinion letter to the Honorable Don Witt|
|203-67||Mar 13|| ||Opinion letter to Mr. Herman Julien|
|206-67||May 29|| ||Opinion letter to the Honorable Clinton Almond|
|211-67|| || ||Withdrawn|
|212-67||June 27||MOTOR VEHICLES.|
STATUTORY VIOLATION – WHEN.
CITY ORDINANCE ON.
|Operation of motor vehicle over city streets, whether marked or unmarked as state highway, by one in an intoxicated condition, a violation of Section 564.440, RSMo 1959, defining and fixing punishment for operating motor vehicle by intoxicated person, regardless of fact said city had ordinance in effect at time of alleged act, prohibiting operation of motor vehicle in city while one was intoxicated and city failed to charge such person with ordinance violation.|
|213-67||Oct 17|| ||Opinion letter to Mr. Charles O’Halloran|
|Section 64.755, RSMo Cum. Supp. 1965, does not prohibit counties of any class from issuing bonds for park purposes even though political subdivisions in that county are presently taxing for park purposes at the rate of two mills.|
|219-67|| || ||Withdrawn|
|222-67|| || ||Withdrawn|
|223-67||June 1||COSMETOLOGY.||A registered cosmetology school cannot require its students to pass a final examination before releasing the students hours, and allowing the students to take their state board examination. The right to a state license is not dependent upon the completion of any school’s course but only upon having the qualifications required by Section 329.050, RSMo Supp. 1965, as determined by the state board.|
|224-67||Apr 26||PARK DEPARTMENT.|
STATE HIGHWAY COMMISSION.
GAS TAX REVENUE.
MOTOR FUEL TAX.
|(1) The State Highway Department does not have authority to use State Highway funds for the purpose of making surveys and tests for the establishment of an airport in Lake Ozark State Park. (2) The State Highway Commission does have authority to expend State Highway funds for the purpose of relocating a highway located in a State Park caused by the location of an airport therein.|
|226-67|| || ||Withdrawn|
|227-67||May 16|| ||Opinion letter to the Honorable Donald L. Manford|
|An owner of an ambulance service who operates an ambulance in connection with his business of providing ambulance service for compensation is required by Section 302.020, RSMo 1959, to have a valid chauffeur’s license.|
|232-67||Apr 25|| ||Opinion letter to the Honorable James Millan|
|A school board may set a tuition rate which is not the actual per pupil cost except as expressly limited by statute. A parent may send his children to a public school in the district in which he pays a school tax. A school board does not have the right to refuse admittance to the child of a school taxpayer in that district.|
|239-67||Aug 23|| ||Opinion letter to the Honorable George W. Parker|
|A non-resident defendant convicted of any charge for which Chapter 302, RSMo as amended, makes mandatory the suspension or revocation of his privilege to operate a motor vehicle in this State must surrender his license to the Court pursuant to Section 302.225, RSMo Sup. 1965 and the Court must, within ten days thereafter, forward the license, together with the record of conviction, to the Director of Revenue.|
The Director should note on the back of the license that the privilege of the non-resident to drive a motor vehicle on the highways of this State is suspended for the required length of time or revoked and return the license as soon as possible to the licensee. The Director also should forward a certified copy of the record of conviction to the motor vehicle administrator in the state wherein the person so convicted is a resident. Section 302.150, RSMo.
|244-67||July 6||PARK BOARD.|
|The State Park Board has implied power and authority to construct an airport on State Park Land.|
|248-67||May 10|| ||Opinion letter to the Honorable Harry L. Porter|
|249-67|| || ||Withdrawn|
|251-67||Sept 1||ANATOMICAL BOARD.|
DISPOSITION OF DEAD HUMAN BODIES.
GIFTS OF HUMAN BODIES.
|Under the provisions of Section 194.190, RSMo Cum. Supp. 1965, only a person 18 years or older of sound mind may consent by writing as provided therein to donate his body or parts thereof to a named institution. A college, university, licensed hospital or the State Anatomical Board is not exempted from tort liability by Section 194.190 (6) if such institution removes or uses all or any part of a body for scientific, educational or therapeutic purposes without the written consent of the decedent except for cases where the consent of the decedent had be revoked but the institution acted in good faith without actual knowledge of the revocation.|
|254-67||Aug 10||CIRCUIT JUDGES.|
|(1) Under Supreme Court Rule 27.26, effective September 1, 1967, post-conviction transcripts are transcripts in civil cases and when ordered by the court under provisions of Section 485.100 RSMo Supp. 1965, the cost of such transcripts shall be paid for by the county, providing the appeal is duly perfected. (2). Unless the circuit court orders the transcript for an indigent under provisions of Section 485.100 the court reporter must furnish the transcript without fee as an officer of the court.|
|256-67||Oct 30|| ||Opinion letter to the Honorable Daniel R. Ferry|
|259-67||June 15||CONFLICT OF INTEREST.|
|County treasurer and county judge may serve as director of six-director school district.|
|The relationship between the Mayor of a third class city and an employee who is the husband of the Mayor’s sister, is a relation within the fourth degree, by affinity, within the meaning of Article VII, Section 6, Missouri Constitution 1945 and hence this appointment violates Article VII, Section 6, Constitution of Missouri 1945.|
|264-67||May 23|| ||Opinion letter to the Honorable Raymond Howard|
|265-67||Oct 19||ARREST.||Policeman of third class cities outside of St. Louis County do not have authority to make ordinance violation arrests in hot pursuit beyond city limits.|
|266-67||Oct 30|| ||Opinion letter to the Honorable Melvin D. Benitz|
|269-67|| || ||Withdrawn|
EXEMPTIONS FROM TAXES.
|Opinion letter to the State Board of Education|
|273-67||May 5|| ||Opinion letter to the State Board of Education|
|274-67||Nov 7|| ||Opinion letter to the Honorable Jack K. Smith|
|278-67||May 23|| ||Opinion letter to the Honorable Jasper M. Brancato|
|279-67|| || ||Withdrawn|
|280-67||Dec 12||STATE HIGHWAY PATROL.|
CITIES, TOWNS AND VILLAGES.
FOURTH CLASS CITY.
|State Highway Patrol is without authority to enforce municipal ordinances and a fourth class city cannot confer such authority by ordinance.|
|282-67||Aug 3||COUNTY LIBRARY DISTRICT.|
COUNTRY COURT – DUTIES.
MANDATORY – WHEN.
|If petition for establishing county library district outside all cities and towns with tax supported libraries of county, filed with county court of such county, under Section 182.010 RSMo 1959, and court finds petition to comply with section, it shall make record required by section.|
Court without discretion has mandatory duty of ordering election held. Court has discretion in setting date, and may order election held on next annual school election date or on special election date of petition. Cannot hold election less than forty-five days after filing of petition.
|283-67||Aug 30|| ||Opinion letter to the Honorable Lowell McCuskey|
|Insurance upon the lives of installment credit account holders must be made pursuant to 408.260. Companies issuing such insurance must be authorized to do business in Missouri.|
|286-67||Sept 5||INSURANCE.||A corporation which agrees for a specified annual payment to reimburse or furnish, wholly or partially, to its contract holders financial responsibility bonds, bail bonds, accident-travel expenses, legal expenses, emergency road service, towing, and tire changing arising from the operation of motor vehicles is engaging in the insurance business.|
|287-67||Nov 2|| ||Opinion letter to the State Board of Education|
|289-67||Aug 21|| ||Opinion letter to the Honorable Michael Kinney|
|292-67|| || ||Withdrawn|
|Section 50.055, RSMo 1959, and Section 29.230, RSMo Supp. 1965, are alternative methods by which the State Auditor can be requested to audit a second class county. If the request is properly made under either statute, the State Auditor must audit the county. In either event the county must pay for the cost of the audit.|
|296-67||Sept 11|| ||Opinion letter to the Honorable Gene E. Voigts|
|297-67||Aug 17||JUVENILE COURT.|
|Prosecuting attorney to furnish legal advice to juvenile officer but not participate in court proceedings.|
|Juvenile Court first acquiring jurisdiction over neglected child has exclusive jurisdiction in proceedings to terminate parental control.|
|299-67||Nov 21||CONSTITUTIONAL CHARTER CITIES.|
ELECTRICAL POWER PLANTS.
|The City of Columbia, Missouri, cannot lawfully acquire by purchase or condemnation title to property in Cooper County for the purpose of erecting and maintaining electrical power transmission lines.|
|304-67||Aug 22||SOIL AND WATER CONSERVATION SUBDISTRICTS.|
|(1) Soil and water conservation subdistricts organized under the provisions of Chapter 278, RSMo, to carry out watershed protection and flood prevention purposes and to further conservation and utilization of water for additional purposes including recreation, irrigation and wildlife development, have implied power to construct dams across non-navigable streams to achieve the ends for which the subdistricts are created; (2 ) Such soil and water conservation districts are governmental agencies of the state and do not come within the purview of Chapter 236 RSMo, which requires private persons or corporations to obtain permission of the circuit court to build dams for mills, electric power or other machinery; (3) Any damage to the riparian rights of downstream landowners from the construction of dams by soil and water conservation subdistricts would be consequential and result from the proper exercise of the police power of the state and be damnum absque injuria.|
|307-67||Aug 22|| ||Opinion letter to the Honorable James R. Hall|
|The statutory prohibitions against interracial marriages as set forth in Section 451.020, RSMo Supp. 1965, and Section 563.240, RSMo 1959, are unconstitutional. |
|Rabbis have the power and authority to solemnize marriages in this state.|
|310-67||Nov 2|| ||Opinion letter to Major General L. B. Adams, Jr.|
|311-67||June 20|| ||Opinion letter to the State Board of Education|
|312-67|| || ||Withdrawn|
|313-67||June 21||ELEMENTARY AND SECONDARY EDUCATION ACT.|
STATE BOARD OF EDUCATION.
|Review and certification of State Board’s application for program grant to provide educational programs for migratory children of migratory agricultural workers under Title I, Public Law 89-10 as amended by Section 103, Public Law 89-750.|
|315-67||Sept 28|| ||Opinion letter to the Honorable Thomas R. Gilmore|
|316-67||July 18|| ||Opinion letter to the State Board of Education|
|Counties of the first and second class may adopt building codes which include provisions for regulation of plumbing installation and sewage disposal.|
ELECTRONIC VOTING MACHINES.
SECRETARY OF ELECTIONS.
|Electronic voting systems may be used in second class counties containing part of city of more than 350,000 when ballot card placed in envelope, envelope number entered in poll books, second envelope number placed on ballot card and sticker placed on both numbers on envelope.|
|324-67||July 25||LICENSE FEES.|
|The annual license tax prescribed by Section 318.020, RSMo 1959, for tables described in Section 318.010, RSMo 1959, is applicable to pool tables which are not regulation size and are coin operated.|
|327-67||July 20|| ||Opinion letter to the Honorable Haskell Holman|
|Venue of offense of witness not appearing in Workmen’s Compensation hearing is in county where witness was to appear.|
TAXATION – SALES/USE TAXES.
TAXATION – REFUND.
|The Director of Revenue may grant a refund of overpaid sales and use taxes as authorized by Section 144.190, RSMo 1959, only when a proper claim for said refund is filed within one year from the date of overpayment.|
|332-67||Sept 1||COSMETOLOGY.||Section 329.070, RSMo 1959, requires a person to be at least seventeen years of age before that person can be an apprentice or student. The State Board of Cosmetology cannot waive this requirement.|
|333-67||July 31|| ||Opinion letter to the Honorable James C. Kirkpatrick|
|334-67||July 31|| ||Opinion letter to the Honorable James C. Kirkpatrick|
|336-67||Sept 27|| ||Opinion letter to the Honorable Donald L. Manford|
|337-67||Aug 22||PUBLIC RECORDS.|
RECORDER OF DEEDS.
MICROFILMING OF RECORDS.
|The recorder of deeds has the authority and duty to determine whether instruments entitled to be recorded in his office are to be recorded by making photographic copies of such instruments which shall be bound, paged and indexed in record books pursuant to Section 59.410 RSMo 1959, or whether such instruments are to be recorded by means of microfilm or other mechanical process pursuant to Section 109.120, RSMo Cum. Supp. 1965.|
|338-67||Aug 21|| ||Opinion letter to the Honorable H. Dean Whipple|
|Increase in compensation for Senators and representatives under House Bill No. 100 of the 74th General Assembly effective first day of regular session of 75th General Assembly. Increase applies to holdover Senators as of such date. |
|340-67||Oct 4|| ||Opinion letter to the Honorable James E. Godfrey|
|341-67||Aug 22|| ||Opinion letter to Mr. John Harry Wiggins|
|345-67||Aug 20|| ||Opinion letter to the Honorable Hubert Wheeler|
|346-67||Aug 10||CITIES, TOWNS AND VILLAGES.|
ROADS AND STREETS.
|A city may use funds allocated to it under provisions of Article 30(a), Constitution of Missouri, (Motor Fuel Tax) to purchase rights-of-way for street expansion. |
BOARD OF EQUALIZATION.
|The records of the county boards of equalization are public records, open to public inspection during business hours, and under such reasonable rules and conditions as proper authority may require.|
RACE, DESCRIPTION OF.
|House Bill No. 136, enacted by the Seventy-Fourth General Assembly, signed by the Governor on May 2, 1967, amending Section 117.330, RSMo 1959, to delete the item “White Colored” from the Affidavit of Registration, does not repeal that portion of Section 117.300 which requires the registration officer to note on the Application for Registration whether the applicant is White or Colored without inquiry where such is apparent. |
|349-67||Oct 18|| ||Opinion letter to the Honorable William R. (Bill) Royster|
|1. As used in Section 129.060, RSMo 1959, providing that no deduction shall be made from an employee’s “usual salary or wages” when he absents himself from employment for a maximum of three hours on election day, the quoted words refer to an amount received on a typical working day, and cannot be construed to indicate the usual hourly rate of wages. 2. Under a union contract requiring additional compensation for hours in excess of 7 1/2 worked in one day, and where an employee has previously worked nine (9) hours a day for over a year, any employer who excuses the employee to vote on election day after he has worked 8 1/2 hours, is required to pay such employee his usual salary or wages of 7 1/2 hours straight time pay plus 1 1/2 hours of overtime pay in accordance with Section 129.060, RSMo 1959.|
|359-67||Nov 9||SCHOOL BOARDS.|
LARGEST NUMBER OF VOTERS.
|The phrases “greatest number of votes” and “largest number of votes” under House Bill No. 425, the 74th General Assembly requires candidate for director of Kansas City Public School District to receive plurality but not majority of votes cast.|
|360-67|| || ||Withdrawn |
|362-67||Oct 3|| ||Opinion letter to the Honorable James A. Noland|
|363-67||Oct 30|| ||Opinion letter to the Honorable Thomas O. Pickett|
|365-67||Oct 26||POLITICAL SUBDIVISIONS.|
PUBLIC WATER SUPPLY DISTRICTS.
TAXATION – EXEMPTIONS.
TAXATION – SALES TAX.
|The 1965 Amendments to Chapter 144 do not relieve a public water district formed under the provisions of Section 247.010 et seq. RSMo 1959 from collecting sales tax from domestic, commercial or industrial consumers to whom it sells water and remitting the same to the Department of Revenue. |
|368-67||Aug 28|| ||Opinion letter to Mr. Herbert C. Clare|
|371-67||Dec 6|| ||Opinion letter to the Honorable John E. Downs|
|372-67||Nov 17|| ||Opinion letter to the Honorable Haskell Holman|
|373-67||Oct 17||LABOR ORGANIZATION.|
SCHOOLS AND SCHOOL DISTRICTS.
STATE BOARDS AND COMMISSIONS.
|1. A city shall (used in a mandatory sense) meet with appropriate representatives of city employees when proposals relative to salaries and other conditions of employment are presented to the city. 2. When the discussions between the representatives of the city and the labor unions have been completed and the results reduced to writing, the agreement must be submitted to the governing body of the city in the form of an ordinance, resolution, bill or other form for “adoption, modification or rejection.” This procedure does not constitute “collective bargaining” in the usual understanding of such phrase because the results of the completed discussions, when reduced to writing, do not constitute a legally enforceable contract.|
|Sheriffs entitled to compensation provided in Senate Bill 237 of the Seventy-fourth General Assembly during the present term of office; must pay all criminal fees into county treasury; mileage for serving criminal warrants and criminal investigation and payment for person’s meals are “reimbursable expenses”; salary provisions of Sections 57.390, 57.400, 57.403, 57.405 and Senate Bill 237 are “remunerations” within meaning of Senate Bill 237.|
NONPARTISAN COURT PLAN.
|Petition for adoption of nonpartisan court plan in 21st judicial circuit, August 6, 1968, follows form set out in Section 1, House Bill No. 27 of the 74th General Assembly and is sufficient.|
|378-67|| || ||Withdrawn|
|(1) The county courts have no power or authority to provide offices in the courthouse for members of the state legislature, and (2) Cities incorporated under statutes of this state have no power or authority to provide offices for the members of the state legislature.|
|381-67|| || ||Withdrawn|
PERSONAL PROPERTY TAX.
STATE TAX COMMISSION.
|The State Tax Commission has no authority to equalize only a portion of any class of property established by Section 138.390, RSMo. Its report and order purporting to decrease the valuation of “Motor vehicles, trucks, airplanes, motorcycles” in St. Louis City by 50 per cent in effect subdivides the statutory class for “other tangible personal property” and establishes a new class. It is the opinion of this office that the report and order is beyond the power of the Commission and therefore, is void and without effect.|
|389-67|| || ||Withdrawn|
|394-67||Nov 2||ST. LOUIS HOUSING AUTHORITY.|
|The St. Louis Housing Authority is a “public body” within the meaning of House Bill No. 166 of the Seventy-fourth General Assembly.|
|397-67||Oct 24||HOUSING AUTHORITY.||Housing authorities of Missouri have the power under Sections 99.090 and 99.100, RSMo 1959, to establish fixed rents for like housing units and are not bound to establish rent as a percentage of the tenants’ income.|
|404-67||Oct 19||PEACE OFFICERS.|
|In cities of the Fourth Class an alderman may not be appointed a special police officer; and an alderman, by virtue of his office as alderman, is not empowered to carry firearms.|
|408-67|| || ||Withdrawn|
|409-67|| || ||Withdrawn|
|412-67||Dec 19|| ||Opinion letter to the Honorable James L. Paul|
|414-67||Dec 21||COUNTY HOSPITALS.|
COUNTY NURSING HOMES.
|An existing hospital facility may be converted into a county nursing home under the provisions of Section 205.375, RSMo., 1959 by the county court with the permission of the hospital Board of Trustees. Also the Hospital Board of Trustees have no statutory authority to continue to control and manage the facility after it has been converted into a nursing home and that the primary duty in regard to this rests in the county court under Section 205.375.|
|Sheriffs of third and fourth class counties may under Senate Bill 237 enacted by the Seventy- fourth General Assembly retain all non- accountable civil fees received by them as of October 13, 1967, even though the amounts exceed the annual limits set by Senate Bill 237. Sheriffs who have received fees up to or in excess of the limits set by Senate Bill 237 as of October 13, 1967, are not entitled to retain any civil fees received between October 13, 1967, and January 1, 1968. Sheriffs who have not received civil fees up to the limits set by Senate Bill 237 as of October 13, 1967, may retain all civil fees received after that date and up to January 1, 1968 until the limits of Senate Bill 237 are reached.|
The expenses that a sheriff of a third or fourth class county may receive under Section 548.241, RSMo 1959, are not received in his official capacity as sheriff and therefore are not subject to the provisions of Senate Bill 237.
PUBLIC WATER SUPPLY DISTRICT.
|No deviations from the voting hour provisions of Section 111.370, RSMo., which are adopted by Section 247.180, RSMo., applicable to public water supply districts, are authorized and that only literal compliance with those provisions constitutes legal compliance. |
|431-67||Nov 17|| ||Opinion letter to the Honorable E. J. Cantrell|
|433-67||Dec 21|| ||Opinion letter to the Honorable Donald L. Manford|
|437-67||Nov 16|| ||Opinion letter to Mr. Joseph M. Rowley|
PREVAILING WAGE LAW.
|1. A school district authorizing construction of facilities which may exceed an expenditure of twenty five hundred dollars shall publicly advertise for bids on the construction; 2. After advertising for bids, the board in the exercise of sound discretion may reject any and all bids and may proceed with the construction under its own supervision and control without contracting.|
|451-67||Dec 6|| ||Opinion letter to Mr. Clyde Burch|
|Board of Election Commissioners of Jackson County not entitled to increase in salary under House Bill 398 (Section 113.690) during their present term. |
|455-67||Dec 27|| ||Opinion letter to the Honorable Robert D. Scharz|