| Opinion | Date | Topic | Summary |
|---|
| 1-68 | May 14 | PUBLIC SERVICE COMMISSION.
MOTOR VEHICLES. | It is therefore the opinion of this office that: (a) After an operator of a freight-carrying motor vehicle claiming the exemption from Public Service Commission regulation provided by Section 390.030 (8), RSMo, is apprehended with a gross weight in excess of six thousand pounds, he may remove the excess weight and proceed without being in violation of Section 301.070, RSMo, for such continued travel. Although he is liable to prosecution for having operated an improperly licensed vehicle, the exemption of the vehicle under Section 390.030 is not lost by reason of an isolated instance of operating a freight-carrying motor vehicle with a gross weight of more than six thousand pounds. (b) The licensing and registration of a commercial motor vehicle may be changed from time to time to coincide with the use to which it is intended to be put. An owner having no further use for a license authorizing a gross weight of twelve thousand pounds may relinquish it and secure a license authorizing a gross weight not in excess of six thousand pounds. |
| 2-68 | Dec 18 | | Opinion letter to the Honorable Hubert L. Davidson |
| 7-68 | | | Withdrawn |
| 17-68 | Jan 25 | PROSECUTING ATTORNEYS.
SALARIES. | Since the assessed valuation of DeKalb County was determined to be more than $20,000,000 by the State Tax Commission in its complete report dated December 31, 1966, the Prosecuting Attorney of DeKalb County is entitled to the compensation authorized by Section 56.291, RSMo Cum. Supp. 1965, for counties with an assessed valuation of more than $20,000,000 for services performed on or after January 1, 1967. |
| 22-68 | | | Withdrawn |
| 24-68 | Jan 23 | FOURTH CLASS CITIES.
TRAFFIC OFFENSES.
CITY ORDINANCES.
COMPLAINTS AND INFORMATIONS. | (1) Warrant may be issued on a complaint without information in fourth class city unless offense is traffic offense. (2) Warrant cannot be issued for traffic offense without information in fourth class city. (3) Not necessary for city attorney in fourth class city be present in court in absence of an ordinance. |
| 36-68 | Jan 18 | BRIDGES.
ROADS.
ROAD DISTRICTS.
COUNTIES.
TAXATION. | Tax monies raised under Section 137.555, RSMo 1959, can only be spent for use on county roads and bridges, but may not be spent on bridges within a special road district. Expenditure of these funds is limited to those purposes specified by statute. |
| 39-68 | Apr 18 | FARMERS MUTUAL INSURANCE COMPANIES.
INSURANCE. | The intent of the legislature expressed in Section 380.490, RSMo 1959, is to limit the sale of fire and lightning insurance by Farmers’ Mutual Companies to “. . . . counties in which they are organized, and in adjoining counties and in counties of which a county line of said county is not more than one mile distant from the county line in which said mutual insurance company is organized.” A Farmers Mutual selling fire and lightning insurance in any other county violates such law. |
| 40-68 | Jan 29 | | Opinion letter to the Honorable Thomas W. Shannon |
| 45-68 | Apr 2 | | Opinion letter to the Honorable Frank L. Mickelson |
| 46-68 | Apr 30 | | Opinion letter to the Honorable Carl D. Gum |
| 48-68 | Jan 30 | REGISTRATION.
COUNTY CLERKS.
CITY COUNCILS. | When the voters approve registration under Chapter 116, the county clerk should commence the registration processes as soon as is reasonably possible. Under Section 116.050, the county clerk has the discretion to designate the number and places of temporary registration as provided by statute. The city councils determine the precincts. In order to register, the voters must apply for registration at the clerk's office or such places of temporary registration as the clerk may designate. |
| 49-68 | Jan 16 | PROSECUTING ATTORNEYS.
CONFLICT OF INTEREST.
NEPOTISM.
CONSTITUTIONAL LAW.
COUNTY COURT.
COUNTY JUDGE. | There is no act of nepotism in the appointing by the prosecuting attorney as his secretary the daughter of a county judge. The act of nepotism arises from the fact that the appointing officer who "names or appoints the employee" is, himself, related to the employee within the prohibited degree defined by statute. Inasmuch as there is no private business action which is involved where a prosecuting attorney appoints as secretary a woman who is the daughter of a county judge, there is no violation of the conflict of interest statutes found in Sections 105.450 to and including 105.495, RSMo Supp. 1965. The "principles of public policy" are not violated by the appointing by a prosecuting attorney as his secretary the daughter of a county judge. |
| 50-68 | Feb 22 | JAILS.
CITIES, TOWNS, AND VILLAGES.
COUNTIES.
SHERIFFS.
COOPERATIVE AGREEMENTS. | A city and a county can jointly erect a common jail. A county can house city prisoners and charge the city therefor. The governing body of a county or the sheriff can contract with a town to use the town's jail. |
| 55-68 | Feb 8 | | Opinion letter to the Honorable Dan Bollow |
| 56-68 | Apr 18 | ROADS AND BRIDGES.
STATE HIGHWAY DEPARTMENT.
PREVAILING WAGE LAW. | Contract for seal coating state highways with asphalt not subject to Prevailing Wage Law. Contract for application of layer of asphalt and aggregate three-eighths of inch thick subject to Prevailing Wage Law. |
| 57-68 | June 18 | AUDITS.
COUNTY TREASURER.
AUDITOR.
COUNTY AUDITOR.
COUNTIES. | The accounts of the county treasurer of a second class county upon his retirement cannot be singled out for audit under either Section 29.230, RSMo Supp. 1967, or Section 50.055, RSMo 1959. Such audit can be made only under Section 55.160, RSMo 1959. An independent certified public accountant cannot be hired to audit only the accounts of the county treasurer, but can be hired to audit all the accounts of the county at a maximum cost of five thousand dollars under Section 50.055. |
| 58-68 | June 18 | LABOR.
WOMEN.
HOURS OF LABOR.
FEMALE EMPLOYEES. | Female employee of bank covered by maximum hours of female employment law. |
| 59-68 | | | Withdrawn |
| 62-68 | Feb 6 | CIRCUIT CLERKS.
COUNTY RECORDER.
COUNTY ASSESSOR. | Circuit clerk recorder in third class county not required under Section 137.117 to notify county assessor
of court decrees in quiet title suits. |
| 63-68 | Apr 30 | | Opinion letter to the Honorable Raymond Howard |
| 66-68 | Sept 12 | STATE EMPLOYEES' RETIREMENT SYSTEM.
LEGISLATURE.
RETIREMENT. | Increase in monthly retirement benefits as provided for in Senate Bill No. 360 of the 74th General Assembly, Section 104.390, RSMo Cum. Supp., 1967, is applicable to prior terms of office, served by present and former members of the legislature who are members of the state retirement system and eligible for future retirement, in computing the minimum retirement annuity of such members. |
| 67-68 | Feb 13 | AGRICULTURE DEPARTMENT.
HEALTH-BOARD OF STATUTORY CONSTRUCTION.
MEAT INSPECTION.
SLAUGHTERHOUSES. | The specific provisions of SB No. 77, 74th General Assembly, as to sanitation in slaughterhouses must be regarded as an exception to, or qualification of, the general provision of Chapter 196, RSMo 1959, and that by the enactment of SB 77 the legislature intended to place in the Department of Agriculture exclusive jurisdiction to prescribe rules and regulations with respect to sanitary practices in all commercial plants at which livestock or poultry are slaughtered, or at which meat or meat products are processed for human consumption, and did not intend to subject those who are so regulated to duplicate supervision by the Division of Health. |
| 68-68 | | | Withdrawn |
| 73-68 | Aug 1 | CIVIL DEFENSE.
FIRE PROTECTION DISTRICTS.
COUNTIES. | The Missouri Civil Defense Act (Chapter 44 RSMo.) envisions autonomous local civil defense organization in those political subdivisions defined by the law. Therefore, the county Civil Defense Agency has duties and responsibilities only within the areas of the county lying outside any of the statutorily defined political subdivisions having their own local organization for disaster planning. |
| 74-68 | June 24 | | Opinion letter to the Honorable Elmer J. Meyer |
| 76-68 | Oct 1 | JUVENILES.
JUVENILE OFFICER.
SHERIFFS. | It is the duty of the sheriff, if he is convinced that a person in his custody is a juvenile, to report the matter directly to the juvenile court or to the juvenile officer together with all the information he has obtained, and this relieves the sheriff of any further duty insofar as this juvenile is concerned. |
| 78-68 | June 17 | | Opinion letter to Honorable Lem T. Jones, Jr. |
| 80-68 | Jan 23 | SCHOOL DISTRICTS.
SENATE BILL NO. 166.
CONSOLIDATION ELECTIONS.
BOUNDARY CHANGES. | Senate Bill No. 166 of the 74th General Assembly does not prevent existing school districts from changing their boundaries under the provisions of Section 162.431, RSMo Supp. 1965. |
| 81-68 | May 13 | | Opinion letter to the Honorable Joe J. Taylor |
| 82-68 | Oct 9 | PURCHASING AGENT.
STATE HIGHWAY COMMISSION.
STATE PARK BOARD.
STATE CONSERVATION COMMISSION. | 1. The State Purchasing Agent Law does not apply to purchases made by the University of Missouri.
2. The State Purchasing Agent Law applies to purchases made by departments including state colleges from non-appropriated funds.
3. The State Purchasing Agent Law does not apply to purchases made by a department under statutes now in effect or which may be enacted in the future giving a department specific authority to contract or purchase directly from a seller.
4. The State Purchasing Agent Law does not apply to leases or purchases of land by the State Conservation Commission, the State Highway Commission or the State Park Board. |
| 83-68 | Aug 20 | | Opinion letter to the Honorable George W. Parker |
| 85-68 | | | Withdrawn |
| 88-68 | June 25 | PROBATE COURT.
MENTAL ILLNESS. | The Probate Court of Scott County must grant a reexamination on a petition for release from commitment from the State Hospital in Fulton when the petition is filed by one found to be mentally ill by the Probate Court of Scott County under Section 202.807, RSMo 1959. |
| 91-68 | Feb 6 | PUBLIC WATER SUPPLY DISTRICTS.
WATER CODES.
ST. LOUIS COUNTY. | Public Water Supply District No. 1 in St. Louis County, including only unincorporated territories of the county, organized under Sections 247.010 to 247.220, RSMo 1959, can set up plumbing code regulations which are incident and necessary to the operation of the water district. However, such regulations cannot abrogate or contradict any of the provisions of the existing county plumbing code which has been adopted by the St. Louis County Council pursuant to the Constitutional Charter of St. Louis County and Sections 341.090 to 341.220, RSMo 1959. |
| 92-68 | Feb 22 | ANNEXATION.
THIRD CLASS CITIES.
COUNTY LIBRARY DISTRICT.
PART OF LIBRARY DISTRICT OF ANNEXING CITY. | It is the opinion of this office that territory annexed to a third class city which maintains a free public library supported by taxation pursuant to annexation proceedings pending on October 13, 1965, ceases to be a part of a county library district in which such territory was located prior to such annexation and becomes part of the municipal library district. |
| 95-68 | May 14 | COUNTY AUDITOR.
COUNTY COURT.
COUNTY WARRANTS. | The approval of the county auditor is necessary before the county court of a second class county can order payment of a claim against the county out of the county treasury and issue a warrant for such payment, and the county court has the further power to determine whether such a claim shall be paid. |
| 97-68 | Feb 6 | SHERIFFS.
DEPUTIES. | The requirements of Section 57.220, RSMo, requiring that the number of deputy sheriffs in a second class county be not less than one chief deputy sheriff and one additional deputy for each five thousand inhabitants of the county, are met by the appointment of a chief deputy, five “full-time” deputies and four “half- time” deputies in a second class county with a population of 42,020. |
| 99-68 | | | Withdrawn |
| 100-68 | Jan 29 | | Opinion letter to the Honorable J. Anthony Dill |
| 101-68 | Jan 11 | COMMISSIONER OF FINANCE.
BANK APPLICATIONS. | The Commissioner of Finance may process first either the application first received or the application first completed. He may exercise his discretion as to which will be processed first without prejudice to either party. |
| 104-68 | Mar 19 | COMPATIBILITY OF OFFICES.
CORONERS.
DEPUTY SHERIFFS.
SHERIFFS. | The same individual cannot serve in the dual capacity of coroner and deputy sheriff because the two offices are incompatible. |
| 105-68 | Oct 9 | COURT REPORTER.
JUVENILE COURT.
AUDITS.
COSTS.
FEES. | The clerk of the juvenile court should tax as cost the five dollar fee provided for by Section 485.120, RSMo 1959, when the juvenile court appoints an official court reporter. The five dollar fee must be paid by the clerk into the county or city treasury and the court reporter is not entitled to same. |
| 108-68 | Dec 19 | STATE UNIVERSITY.
POLICE OFFICERS.
SHERIFF.
ARREST. | City police officers, sheriff, and state highway patrol have jurisdiction over crimes committed on state university property. |
| 110-68 | Mar 11 | | Opinion letter to the Honorable Jerry Graves |
| 111-68 | July 1 | INSURANCE. | There is nothing to prohibit a fire insurance company from switching from maintenance of its own public rating record to one that is maintained by an actuarial bureau if approval of the superintendent of insurance is obtained as prescribed by statute when the effect of said switching is to increase the fire insurance premium rates. |
| 115-68 | | | Withdrawn |
| 116-68 | Mar 19 | CREDIT UNIONS.
USURY. | The “one percent a month on unpaid balances” interest rate limitation as expressed in Section 370.300, RSMo 1959, is an exception to the general usury statute. The interest rate limitations of Section 408.030, RSMo 1959, and Section 408.100, RSMo 1959, do not apply to credit union loans and credit unions may legally charge up to “* * * one percent a month on unpaid balances; provided, however, that a minimum interest charge not exceeding twenty-five cents per month shall be allowable in all cases.” |
| 119-68 | Jan 9 | MOTORCYCLE.
HELMETS.
DRIVERS LICENSE. | Points assessed for failure to wear helmet. |
| 121-68 | | | Withdrawn |
| 125-68 | May 28 | SCHOOLS.
JUNIOR COLLEGE DISTRICTS. | 1. The requirements of Section 178.810, RSMo Supp. 1967, relating to organization elections of junior college districts are met by giving notice by publication in any newspaper of general circulation in each county at the time and in the manner required by law. 2. The publisher’s affidavit of publication of notice of the election is sufficient if it conforms to the requirements of Section 493.060 RSMo. There is no requirement that this affidavit be produced except as may be necessary under the circumstances to provide “sufficient evidence of the publication.” 3. The recording by the State Board of Education of the copy of the order declaring the junior college district organized pursuant to Section 178.800, RSMo Supp. 1967, is sufficient to constitute notice to the county clerk and other county officials of the legal existence of the district. |
| 127-68 | Jan 5 | | Opinion letter to the Honorable Charles L. Bailey |
| 128-68 | Aug 22 | MOTOR VEHICLE LICENSES.
MOTOR VEHICLES.
LICENSES.
REGISTRATION. | (1) A change from individual to joint ownership of a motor vehicle or trailer in which the original owner is one of the joint tenants or tenants by the entirety terminates the right to use the registration plate issued for such vehicle and necessitates the purchase of a new registration plate for the motor vehicle or trailer.
(2) A change from joint ownership to individual ownership by one of the joint tenants or tenants by the entirety does not invalidate the continued use of the original registration plate or require the purchase of a new registration plate for the motor vehicle or trailer. |
| 130-68 | May 9 | | Opinion letter to the Honorable William J. Esely |
| 132-68 | Feb 27 | THIRD CLASS CITY.
CITIES, TOWNS, VILLAGES.
CITY COUNSELOR.
MINISTERIAL. | The City Counselor of a third class city is required to be a resident of said city. |
| 133-68 | May 2 | CRIMINAL COSTS.
INDIGENT PERSONS.
POOR PERSONS. | (1) The county is not obligated to pay the medical bills of an indigent defendant who sustains injury during the commission of a crime and is hospitalized for said injury; (2) The county court does have authority to make payment of hospital bills of indigent defendants, but the payment may not be taxed as costs in the criminal case; and (3) Hospital bills incurred by an indigent defendant during the commission of the crime may not be taxed as costs in the criminal case. |
| 134-68 | Apr 18 | SPECIAL BENEFIT.
ASSESSMENT ROAD DISTRICTS.
BOUNDARIES CANNOT BE EXTENDED OR LESSENED. | County court of non-township organization county cannot, under provisions of Section 231.010, RSMo 1959, change boundaries of the special benefit assessment road districts of county, organized under Sections 233.170 to 233.315, RSMo 1959, taking territory from first district and adding same to common road district of county, and taking territory from such common road district and adding it to said second district. |
| 135-68 | May 21 | | Opinion letter to the Honorable John P. Ryan |
| 136-68 | | | Withdrawn |
| 137-68 | May 13 | | Opinion letter to the Honorable Bob F. Griffin |
| 141-68 | Mar 21 | COUNTY HEALTH AND WELFARE PROGRAMS.
ECONOMIC OPPORTUNITY. | Counties may expend funds to provide quarters for community action agencies operating under the federal Economic Opportunity Act. |
| 142-68 | | | Withdrawn |
| 146-68 | | | Withdrawn |
| 147-68 | May 2 | ROADS AND BRIDGES.
COUNTY BUDGET. | General county revenue funds may be budgeted and expended for the purchase of road machinery, repair and upkeep of bridges other than on state highways and not in special road districts, and for the construction and maintenance of roads. |
| 148-68 | | | Withdrawn |
| 151-68 | May 29 | COUNTY HEALTH CENTER.
ELECTIONS. | The question of establishment of a county health center may be submitted to the electorate on the day of the August primary election because such election is a “general election” within the meaning of Section 205.010, RSMo 1959. |
| 152-68 | Feb 6 | FOURTH CLASS CITIES.
CITIES, TOWNS AND VILLAGES. | A fourth class city can legally engage in the operation of an intra-city bus system and can make use of surplus city funds if additional revenue would be required. |
| 154-68 | May 14 | MOTOR VEHICLES.
PICKUP TRUCK.
NOT EMERGENCY VEHICLE. | Privately owned pickup truck used in responding to calls for emergency service by motorists of stalled or disabled vehicles, which truck has only standard equipment put on at factory, without equipment for hoisting or towing vehicles at roadside, is not a "wrecker" or "tow truck" within meaning of Section 304.022, Paragraph 3, Subparagraph 3, RSMo. 1959. |
| 155-68 | Aug 22 | CRIMINAL LAW.
DEPARTMENT OF CORRECTIONS.
SUPREME COURT RULES.
PRISONERS.
SHERIFFS. | It is the duty of the penitentiary officials to transport a prisoner in their legal custody to and from a hearing in Circuit Court ordered under Supreme Court Rule 27.26. There is no authority for a county to pay a sheriff mileage for transporting the prisoners in this situation. |
| 158-68 | Feb 26 | | Opinion letter to the Honorable Will W. Davis |
| 160-68 | July 14 | SCHOOLS.
SCHOOL DISTRICTS.
COUNTY BOARD OF EDUCATION. | Resident of Andrew County who lives in a school district of Nodaway County having territory located in Andrew and Holt Counties, if he meets all other statutory qualifications, is eligible for and qualified to serve, if elected, as a member of the board of education of Andrew County. |
| 161-68 | | | Withdrawn |
| 162-68 | | | Withdrawn |
| 163-68 | Mar 26 | FIRE PROTECTION DISTRICTS.
CLASS ONE COUNTIES.
PENSIONS. | Fire protection districts may pension firemen on vote of people. Section 67.200, RSMo Supp. 1967,
has no application to Section 321.220, RSMo Supp. 1967. |
| 164-68 | Mar 12 | INSURANCE.
BENEVOLENT ASSOCIATIONS. | The National Senior Citizens Benevolent Association is engaging in the business of insurance in the State of Missouri. The Articles of Agreement and the Contributing Death Benefit Certificate clearly show that the purpose of this association is to provide insurance for its members in fact, if not in name. |
| 165-68 | Mar 14 | | Opinion letter to the Honorable Robert D. Scharz |
| 166-68 | Jan 23 | SHOPLIFTING.
CRIMINAL LAW.
ARREST.
CITIZENS ARREST.
WARRANTS. | Private citizen may arrest without warrant for felony or petty larceny committed in his presence. |
| 169-68 | Mar 26 | AGRICULTURE.
OLEOMARGARINE.
STATUTORY CONSTRUCTION. | Oleomargarine made and manufactured from the ingredients, commodities or combinations thereof, named and set forth in Section 561.770, RSMo 1959, may be sold or offered for sale only when the containers or cartons thereof have printed thereon the word “oleomargarine.” |
| 170-68 | May 14 | COUNTY COURT.
COUNTY CLERK.
TRANSFER OF FUND. | In county of class three the county court may, on recommendation of the county clerk, transfer funds from the emergency fund to the road and bridge fund, but only for unforeseen emergencies and only on a unanimous vote of the county court. |
| 171-68 | Feb 8 | NINE HOUR LAW.
FEMALE EMPLOYEES-FEMALE LABOR. | Female employees of a business office of a construction company fall within the purview of Section 290.040, RSMo Supp. 1967, prohibiting certain establishments from employing female labor for a longer period than nine hours in one day or fifty-four hours in one week. |
| 172-68 | May 28 | ECONOMIC POISONS.
STATUTORY CONSTRUCTION.
DEPARTMENT OF AGRICULTURE. | Incidental differences such as differences in size, shape or color of labels, or differences in trade names or advertising emblems on labels, does not preclude registration of two or more economic poisons as a single product under Section 263.300, RSMo 1959, of the Economic Poisons Law when the writing on such labels is identical with respect to showing that the products have the same formula, are manufactured by the same person, the labeling of which contains the same claims and identifies the products as the same agricultural chemical. |
| 173-68 | July 16 | SCHOOL DISTRICTS.
CHANGE OF BOUNDARY.
ST. CHARLES COUNTY.
EXTENDING SCHOOL BOUNDARY.
BOUNDARIES. | The extension of the municipal boundaries of the City of St. Charles does not automatically extend the boundaries of the St. Charles School District under Section 162.421, RSMo. Supp. 1967, where the territory taken in by the extension of the city is contained within a six-director school district that maintains a high school. The inhabitants of the area annexed by the City of St. Charles may not change the boundaries of the school district by election under Subsection 2 of Section 162.421, RSMo. Supp. 1967. However, the voters of the two school districts may change the boundaries between the school districts under the general change-of-boundary statute, Section 162.431, RSMo. Supp. 1967. |
| 174-68 | Sept 19 | STATE EMPLOYEES'
RETIREMENT SYSTEM.
LEGISLATURE.
RETIREMENT. | A refund of accumulated contributions under Section 104.380, RSMo. Cum. Supp. 1967 for services rendered before October 13, 1967 by a member who retired before October 13, 1967 and who is presently receiving a retirement annuity from the Missouri State Employees’ Retirement System, would be in violation of Article I, Section 13 of the Missouri Constitution of 1945. |
| 176-68 | Feb 8 | CENSUS.
POPULATION.
COUNTY COURTS.
COMPENSATION.
SALARIES. | The county court is not authorized to increase the salaries of county officers on the basis of common knowledge of an increase of population in the county since the last decennial census of the United States was taken in 1960. The salaries of such officers must be ascertained solely on the basis of the 1960 decennial census of the United States until January 1, 1971, the date that the 1970 census becomes effective. |
| 177-68 | May 2 | INSURANCE.
TRUE NAME. | "True name" as used in Section 375.012, subsection (2), RSMo Cum. Supp. 1967, means a person's actual and not fictitious name and includes a surname, a first name, and a middle name or initial. |
| 178-68 | Sept 17 | SCHOOLS.
SCHOOL BUILDING.
SCHOOL PROPERTY.
TENANTS IN COMMON. | A six-director school district may acquire ownership of realty by purchase of an undivided part interest as tenant in common. However, as to that part and during that time which the premises are used for school purposes, exclusive control must be vested in the board of education of the district. |
| 182-68 | Feb 23 | | Opinion letter to the Honorable R. D. “Pete” Rodgers |
| 184-68 | | | Withdrawn |
| 186-68 | Feb 29 | TRAINING SCHOOLS.
JUVENILE COURTS.
SENTENCES. | The order of commitment of a delinquent juvenile must be made in accordance with jurisdiction conferred by the legislature. Such an order seeking to limit the period of commitment to the time when the child committed reaches eighteen years of age is invalid and cannot be applied because the controlling statutes require that all such commitments be for an indeterminate period. |
| 187-68 | May 23 | MOTOR VEHICLES.
TRUCKS AND TRACTORS.
TRACTORS NOT REQUIRED TO HAVE MUD FLAPS. | A tractor used for pulling a trailer or semi-trailer is not when being driven without the trailer or semi-trailer a truck and, therefore, does not come within the purview of Section 304.265, Mo. Supp., 1967, and is not required to have mud flaps for its rear wheels. |
| 188-68 | | | Withdrawn |
| 189-68 | Apr 30 | | Opinion letter to the Missouri State Board of Accountancy |
| 190-68 | May 23 | INDUSTRIAL COMMISSION.
UNEMPLOYMENT COMPENSATION. | Employee who retires under union contract not eligible for unemployment compensation. |
| 192-68 | Aug 22 | INDUSTRIAL DEVELOPMENT.
COUNTIES. | A county may not condemn property for industrial development. |
| 193-68 | Apr 2 | RABIES CONTROL.
COUNTY HEALTH OFFICER.
COUNTY COURT. | In the absence of a county health commissioner, the county court has no power to prepare regulations with regard to dog control for protection against rabies. |
| 195-68 | | | Withdrawn |
| 196-68 | May 14 | ASSESSORS.
TOWNSHIP ASSESSORS.
COUNTY COURT.
COMPENSATION.
FEES, COMPENSATIONS AND SALARIES. | The county court has the duty of paying the statutory fees as set out in Section 65.240, RSMo Supp. 1967, Section 65.245, RSMo 1959, and Section 261.070, RSMo 1959, to the township assessors and that the State Tax Commission has no authority to order the county court to withhold payments of such fees because the Tax Commission believes the property valuations of such assessors are too low. |
| 201-68 | | | Opinion letter to the Honorable Clifford A. Falzone |
| 202-68 | Aug 20 | | Opinion letter to the Honorable C. John Forge, Jr. |
| 203-68 | | | Withdrawn |
| 204-68 | May 9 | | Opinion letter to the Honorable Charles H. Dickey, Jr. |
| 209-68 | Dec 17 | WATCHMEN.
NIGHT WATCHMEN.
POLICE OFFICERS.
ARREST.
BOARD OF POLICE COMMISSIONERS. | It is the opinion of this office that a private watchman licensed by the Board of Police Commissioners of the City of St. Louis has authority limited by the terms of his license to serve and act as a private watchman at certain designated premises within the City of St. Louis only. Such a watchman is not an officer of a municipality in a first class county having a charter form of government and accordingly is not within the provisions of Sections 66.200, RSMo Supp. 1967, or 66.250, RSMo Supp. 1967, relating respectively to the transmission of municipal records and requiring municipal police officers to take training courses. Further, such a watchman has no authority to make an arrest in St. Louis County for a misdemeanor not committed in his presence. |
| 212-68 | Mar 14 | | Opinion letter to the Honorable James C. Kirkpatrick |
| 213-68 | Mar 28 | SCHOOLS.
SCHOOL BOARDS.
NOMINATIONS.
ELECTIONS.
ST. LOUIS CITY
BOARD OF EDUCATION. | 1. The sections of the Revised Statutes of Missouri which govern the procedure to be used in the handling of nomination petitions of persons who seek election to the Board of Education of the City of St. Louis as independent candidates are Sections 120.180 through 120.220, RSMo 1959, as amended. 2. The petitions are to be filed with the Board of Education for the St. Louis City School District. |
| 214-68 | Dec 12 | FIRE PROTECTION DISTRICTS.
COUNTIES OF FIRST CLASS.
BOARD OF DIRECTORS.
POWERS OF. | Section 321.220, RSMo Cum. Supp. 1967, granting certain powers to board of directors of fire protection district of first class county empowers directors to require removal of obstructions in streets within district. |
| 218-68 | May 14 | LICENSES.
DRIVER'S LICENSE.
CHAUFFEUR'S LICENSE. | An employee of a manufacturing company who regularly drives a company owned pick-up truck, with tools and instruments, with tool chests mounted in the bed of the pick-up truck for performance of his various tasks, and who also carries replacement parts in the back of the pick-up, who makes the rounds of the various machines which he must inspect and service at least once a week regularly drives a commercial motor vehicle of another, that he is acting as a chauffeur as defined in the third definition of Section 302.010 (1), RSMo Supp. 1967, and may be prosecuted for a misdemeanor if he so operates such vehicle without having a proper chauffeur's license. |
| 219-68 | Mar 15 | SCHOOLS.
ELECTIONS. | The names of candidates in an election “in any six-director school district located wholly within a city having a population of more than two hundred thousand and less than seven hundred thousand” shall be listed on voting machines in the order that is prescribed by the appropriate board of election commissioners and that said board may use its discretion in determining what that order shall be. |
| 220-68 | May 10 | ST. LOUIS CITY CIRCUIT COURT.
JURY COMMISSIONER.
SHERIFF.
JURY ASSEMBLY ROOM.
DUTIES OF JURY COMMISSIONER
AND SHERIFF REGARDING
JURY ASSEMBLY ROOM. | The Circuit Court of the City of St. Louis may not lawfully transfer the jurisdiction, custody and operation of the jury assembly room in the Civil Courts Building in the City of St. Louis from the sheriff to the jury commissioner of said City. |
| 221-68 | May 9 | | Opinion letter to the Honorable Bernard W. Gorman |
| 222-68 | Mar 25 | | Opinion letter to Mr. Donald J. Gralike |
| 224-68 | Aug 20 | | Opinion letter to the Honorable Maurice B. Graham |
| 227-68 | Aug 2 | RIGHTS OF CITIZENSHIP.
FEDERAL DISCHARGE OF
PRISONERS.
PROBATION, PARDON, AND PAROLEES. | Section 549.111, RSMo Cum. Supp., 1967 does not include within its purview a person who has received his final discharge under federal law. |
| 228-68 | Aug 30 | | Opinion letter to the Honorable Hunter Phillips |
| 235-68 | Dec 12 | PROSECUTING ATTORNEYS.
COUNTY EMPLOYEES.
SALARY FOR PROSECUTING
ATTORNEYS' STENOGRAPHERS.
SALARIES AND FEES.
FEES AND SALARIES.
EMPLOYEES. | Stenographic and clerical help employed by prosecuting attorneys of third and fourth class counties under the authority of Section 56.245, RSMo Supp. 1967, are employees of the county and not of the prosecuting attorney, and, therefore, such employees are entitled to receive compensation from the county for the period between the date of death of the prosecuting attorney and the date the vacancy of the office was filled by appointment by the Governor during which period there was an acting prosecuting attorney. The person appointed as special prosecutor upon the absence of the prosecutor is not entitled to any remuneration for his services other than that as provided by Section 56.130, RSMo 1959. |
| 236-68 | Apr 16 | | Opinion letter to the Honorable Richard J. Blanck |
| 237-68 | Nov 14 | CITIES, TOWNS & VILLAGES.
BONDS.
COOPERATIVE AGREEMENTS.
COUNTY BUILDINGS.
MUNICIPAL BUILDINGS. | (1) The City of Columbia and Boone County may cooperate in the acquisition or building of an office building to be used jointly for administrative offices; (2) that revenue bonds cannot be used by the City of Columbia or Boone County for the purpose of financing the acquisition or construction of such a building; (3) by a vote of the people general obligation bonds may be issued by the City of Columbia and by Boone County for financing the acquisition or construction of such a building. |
| 238-68 | May 2 | TAXATION (SALES TAX). | The total amount of the monthly water bills paid by patrons of Public Water Supply District No. 2, of Barton County, are subject to the State Sales Tax. |
| 240-68 | Mar 29 | | Opinion letter to Mr. Hubert Wheeler |
| 242-68 | May 14 | COMPATIBILITY OF OFFICES.
CONFLICT OF INTEREST.
DEPUTY SHERIFFS.
SHERIFFS.
OFFICERS. | An individual employed full time as a deputy sheriff of Buchanan County may serve as a member of the Municipal Excise Board for the City of St. Joseph. |
| 243-68 | June 18 | TAXATION (INTANGIBLE). | It is the opinion of this office that the intangible tax on Savings and Loan accounts is to be returned, less two per cent for collection, to the county treasury of the county in which the home office of the association is located. The taxes are to be distributed to the county and other political subdivisions in which the home office of the association is located in proportion to their respective local rates of levy. |
| 244-68 | Apr 23 | FEDERAL-STATE AGREEMENTS.
ELEMENTARY AND SECONDARY EDUCATION
ACT OF 1965. | Certification of State Application for Participation in Title III Elementary and Secondary Education Act of 1965 as amended by PL 90-247 grants for supplementary education centers and services. |
| 246-68 | Sept 12 | CONFLICT OF INTEREST.
CITY COUNCILMAN.
INSURANCE. | A member of the city council of a third class city who is an insurance agent violates Section 105.490, RSMo. Cum. Supp. 1967, and Section 106.300, RSMo. 1959, if he furnishes insurance to the city. A city councilman would also violate Section 105.490 and Section 106.300 if he was a member of the Ray County Insurance Agents Association and, as such, participated in the division of the agent’s commission made among the members of said association. |
| 250-68 | June 18 | POLITICAL PARTIES.
PARTY COMMITTEE.
DATE OF CONGRESSIONAL DISTRICT COMMITTEE MEETING. | Under Section 120.820, RSMo Supp. 1967, pertaining to political parties, Congressional District Committees must meet on "the last Tuesday in August after the primary election." |
| 252-68 | May 2 | CONSTITUTIONAL CHARTER CITIES.
EARNINGS TAX.
MUNICIPAL CORPORATION.
TAXATION. | The City Charter of Kansas City, Missouri, cannot be amended by a vote of the people so as to authorize the imposition of a one per cent earnings tax by Kansas City without enabling legislation by the Missouri General Assembly. |
| 253-68 | June 18 | AUTOMOBILE DEALERS.
AUTOMOBILE INSPECTION.
PRIVATE AUTOMOBILE INSPECTION PERMITS.
MUNICIPALITIES. | The Superintendent of the Missouri State Highway Patrol may issue private official inspection station permits to automobile dealers, municipalities and other governmental entities having one or more vehicles and/or trailers with a gross weight in excess of 6,000 lbs. They meet the requirement of having the vehicles to be inspected registered in their names by virtue of qualifying for the registration exemption set out in Section 301.250, RSMo 1959. |
| 255-68 | Apr 11 | | Opinion letter to Mr. Joseph M. Rowley |
| 257-68 | May 9 | CANDIDATE.
BALLOTS.
ELECTIONS. | The phrase and letters, “(Mr. Econ CDOSA)” cannot appear on the ballot because they are purely descriptive. |
| 258-68 | Nov 13 | | Opinion letter to the Honorable Thomas A. David |
| 261-68 | June 14 | | Opinion letter to the Honorable James E. Spain |
| 262-68 | | | Withdrawn |
| 263-68 | May 2 | PROSECUTING ATTORNEY.
COUNTY BOARD OF EDUCATION.
SCHOOLS. | The prosecuting attorney of a third class county is required to represent a county board of education created under Section 162.111, RSMo Cum. Supp. 1967. |
| 264-68 | May 14 | TAXATION.
CITY OF FOURTH CLASS.
OCCUPATIONAL TAX.
DRIVER'S LICENSE FEES. | A city of the fourth class may not charge an occupational tax on driver's license fees collected by agents of the Department of Revenue who are acting under the authority of Section 136.055, RSMo Cum. Supp. 1967. |
| 266-68 | Apr 29 | FEDERAL-STATE AGREEMENTS.
ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965. | Certification of Application by Missouri State Board of Education for federal grant under Title V, Elementary and Secondary Education Act of 1965, PL 89-10. |
| 267-68 | Dec 19 | DEPARTMENT OF AGRICULTURE.
MISSOURI GRAIN WAREHOUSE LAW.
GRAIN SAMPLERS. | A private corporation may not be authorized to accept and retain fees for collecting samples for inspection and grading of grain by the Department of Agriculture pursuant to the provisions of the Missouri Grain Warehouse Law. Such samples must be collected by an employee of the state and the fees paid to the Collector of Revenue and deposited in the State Treasury. |
| 269-68 | June 18 | RECORDER OF DEEDS.
TO RECORD INSTRUMENTS
WITH PHOTO-COPY DESCRIPTIONS. | An instrument conveying or affecting real estate with photostatic land description taped or stapled thereto meeting requirements of Section 59.330 RSMo. Cum. Supp. 1967 and Section 442.380 RSMo. 1959 as to recordability shall be recorded. |
| 270-68 | May 14 | TAXATION.
COUNTY COURT.
EXEMPTIONS FROM TAXES. | Property owned by a corporate unit of the Girl Scouts of America which is used regularly, completely and exclusively for charitable purposes, is exempt from taxation under the constitution and laws of the state. |
| 274-68 | May 15 | ELECTIONS.
CANDIDATES. | A declaration of candidacy which contains a misstatement of the office being sought may not be corrected or amended subsequent to the filing deadline of five p.m. on the last Tuesday in April preceding the primary election. |
| 276-68 | Dec 12 | TEACHERS.
SCHOOLS.
SCHOOL BOARDS.
UNIONS.
LABOR UNIONS.
CONTRACTS.
PUBLIC CONTRACTS. | (1) Teachers may join in groups, including unions, for the purpose of making proposals to school boards, but the boards cannot enter into binding agreements with such groups; (2) School boards may consider teacher group proposals and are not precluded from acting favorably upon such proposals to the extent that they do not conflict with applicable law or superior regulation; (3) School boards may enter into binding contracts with individual teachers which extend beyond the term of the school board, provided that the individual contract is not for an unreasonable term, in bad faith, fraudulent or in conflict with any statutory provisions or superior regulations; (4) No school board can enter into a contract which involves more than one teacher; (5) The school boards exercise a function of the sovereign and as such cannot delegate and cannot bargain or contract away any sovereign powers or duties. |
| 279-68 | Aug 22 | POLITICAL SUBDIVISION.
PUBLIC WATER SUPPLY DISTRICT.
ASSESSED VALUATION.
PENSION PLAN FOR EMPLOYEES. | A public water supply district under Chapter 247, RSMo 1959, may employ the pension plan under Section 67.200,
RSMo Cum. Supp. 1967, if its assessed valuation is $40,000,000 or more. |
| 280-68 | June 18 | REAL ESTATE COMMISSION.
LICENSES. | Banking institutions and savings and loan associations which charge fees for making loans or charge discount points for making loans from their own funds are not required to obtain a real estate license under the Missouri Real Estate License Law. |
| 281-68 | May 28 | | Opinion letter to Mr. James Flanagan |
| 283-68 | June 20 | VOTING.
EMPLOYEES. | A Missouri employer is not obligated to allow time off for voting purposes to employees who live and vote in Kansas. |
| 284-68 | Nov 13 | | Opinion letter to the Honorable Hal E. Hunter, Jr. |
| 285-68 | Dec 10 | MISSOURI NATIONAL GUARD.
LABOR ORGANIZATIONS.
PUBLIC EMPLOYEES.
COLLECTIVE BARGAINING. | Civilian employees of the Missouri National Guard may join labor organizations under the provisions of Section 105.510, but the organization may not enter into a collective bargaining contract binding on the state. |
| 286-68 | June 18 | INSURANCE.
INSURANCE AGENCY LICENSE. | An insurance agency originally licensed after January 1, 1968 is required to pay an annual license fee of $25 on or before July 1, 1968. |
| 287-68 | May 27 | ELECTIONS.
BALLOTS.
NONPARTISAN CANDIDATES.
PRIMARY ELECTIONS. | It is not necessary for county clerks or boards of election commissioners to print a separate ballot when there is only one candidate filed on a nonpartisan or independent ticket in a primary election. |
| 288-68 | Dec 10 | | Opinion letter to the Honorable R. Jack Garrett |
| 290-68 | Dec 5 | AMBULANCES.
COUNTY HOSPITALS.
HOSPITALS.
SPECIAL TAX LEVIES. | A county hospital organized under the provisions of Section 205.160, RSMo et seq., may establish and maintain an ambulance service supported in whole or in part by special tax levy funds pursuant to Section 205.200, RSMo Supp. 1967. Such ambulance service may not be a general service but must be in direct connection with the services rendered county hospital patients. |
| 291-68 | Nov 26 | COURTS.
MAGISTRATES.
EXECUTIONS.
FEES. | Under Section 483.610, RSMo 1959, magistrate court clerks should charge thirty-five cents for issuing all executions in civil cases. |
| 292-68 | Nov 26 | | Opinion letter to Mr. W.E. Sears |
| 296-68 | June 19 | | Opinion letter to the Honorable W. T. Bollinger |
| 297-68 | June 19 | | Opinion letter to the Honorable J. Anthony Dill |
| 298-68 | Nov 15 | | Opinion letter to the Honorable Les Langsford |
| 299-68 | Dec 18 | | Opinion letter to the Honorable Hubert Wheeler |
| 301-68 | July 30 | COUNTY ASSESSOR.
COUNTY COLLECTOR.
TAX ASSESSMENT.
TAX COLLECTION. | When more than one person claims ownership of a tract of land and insists on paying the taxes due on the particular tract of land; 1. The assessor should record the names of all claimants in the ownership column of the tax books, and, 2. The collector should receive and issue receipts for all amounts tendered by claimants as payment of the amount due on the particular tract of land. |
| 303-68 | Aug 1 | ELECTIONS.
BONDS. | The respective counties in this state are liable for and are obligated to pay the expense of bond elections for County Hospitals and County Nursing Homes and there is no authority to pay such expenses from the proceeds
of bonds sold pursuant to such elections. |
| 306-68 | | | Withdrawn |
| 310-68 | June 19 | | Opinion letter to the Honorable Donald L. Gann |
| 311-68 | July 16 | ELECTIONS.
REGISTRATION RECORDS.
COUNTY CLERK. | The County Clerk of Jasper County is charged with and has the duty to retain possession of the registration records of Jasper County at all times, except to deliver, or cause to be delivered, said registration records to the judges of election appointed under and by virtue of the general election laws of election, on the day before any primary or general election for which registration is made. There is no statutory requirement that such registration records be delivered by the sheriff. |
| 312-68 | July 30 | LIQUOR CONTROL.
LIQUOR.
BONDS.
LICENSES. | Applicants for licensure to sell intoxicating liquor by the drink at retail for consumption on the premises pursuant to Section 311.090(2), RSMo 1959, and applicants for licensure to permit the drinking or consumption of intoxicating liquor in, on, or about the premises pursuant to Section 311.480(4), RSMo 1959, are required by law to post bond as required by such sections. |
| 313-68 | Nov 21 | COLLEGES.
RELIGION.
SCHOOLS. | State college or university may establish courses, a division or department of religion for the purpose of teaching about religion as distinguished from the teaching of religion. The courses offered, as well as all courses of the institution, both in plan and practice must maintain strict religious neutrality as defined by the courts. |
| 314-68 | Aug 2 | STATE LIBRARY.
FEDERAL-STATE AGREEMENTS.
LIBRARY SERVICES AND CONSTRUCTION
ACT (20 USC 351). | Review and certification of Amendment (June 12, 1968) to Missouri State Plan under the Library Services and Construction Act, 20 USC 351 as amended by Public Law 89-511. |
| 315-68 | June 28 | FEDERAL-STATE AGREEMENTS.
ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.
STATE BOARD OF EDUCATION. | Review and certification of the application by the State Board of Education for Grant (dated June 19, 1968) under Title V of the Elementary and Secondary Education Act of 1965, 20 USC 861, et seq. |
| 317-68 | July 16 | ELECTION LAWS.
ABSENTEE VOTING.
HOME REGISTRATION.
BOARD OF ELECTION COMMISSIONERS,
AUTHORITY REGARDING VOTER
QUALIFICATIONS. | Regardless of a registering voter's answers to questions recorded in the files of the Kansas City election board, which reveal information regarding disability or literacy, absentee ballots properly applied for under the provisions of Chapter 112 must be supplied to the potential voter, and must be counted if properly cast. |
| 318-68 | Aug 1 | LEVEE DISTRICTS.
DRAINAGE DISTRICTS.
COOPERATION AMONG POLITICAL SUBDIVISIONS. INTERSTATE AGREEMENTS. | Section 70.220, RSMo 1959 authorizes drainage and levee districts of the State of Missouri to contract with and enter into agreements with levee districts from other states and also with authorized agencies of the United States. |
| 319-68 | June 28 | FEDERAL-STATE AGREEMENTS.
ELEMENTARY AND SECONDARY
EDUCATION ACT OF 1965.
SECONDARY
STATE BOARD OF EDUCATION. | Review and certification of State Plan (June 19, 1968) submitted under Title III, Elementary and Secondary
Education Act of 1965, PL 89-10 as amended by PL 90-247. |
| 320-68 | Sept 3 | MINES.
DIVISION OF MINE INSPECTION. | The scope of the authority of the Division of Mine Inspection to inspect plants operated in conjunction with the mining of certain minerals is as follows: Lead Ore - All operations prior to shipment to the smelter which includes taking the ore from the ground and reducing it to a concentrate; Clay - All operations at the minesite prior to shipment to the kilns or refractories; Shale - All operations at the minesite prior to shipment to the cement plants or other available markets; Iron Ore - All operations prior to shipment to the steel mills which includes reduction to concentrate and formation of pellets; and Silica Sand - All mining and crushing operations at the minesite. |
| 323-68 | Aug 29 | ELEMENTARY & SECONDARY EDUCATION ACT OF 1965.
FEDERAL GRANTS.
STATE BOARD OF EDUCATION. | Review -- certification of State Application for State Plan Preparation and State Advisory Council Activities under Title III, PL 89-10 as amended by PL 90-247. |
| 326-68 | Sept 19 | FIREARMS.
MACHINE GUNS. | The "Spitfire" 45 caliber carbine manufactured by the Spitfire Manufacturing Company, Phoenix Arizona, is a machine gun, possession of which is a felony under provisions of Section 564.590, RSMo, except possession by members of police departments, sheriffs, city marshals or the military or naval forces of this state or the United States in the discharge of their duties. |
| 327-68 | Aug 1 | SHERIFFS.
ELECTIONS.
VOTING PLACES. | Neither the sheriff of a third class county nor his deputies are required to be present at each voting place during the entire election day. |
| 328-68 | Oct 18 | ELECTIONS.
LIQUORS.
INTOXICATING LIQUORS.
LIQUOR CONTROL. | Wholesalers may lawfully make deliveries of liquor and beer to retailers on election days. |
| 330-68 | July 17 | | Opinion letter to the Honorable Jack K. Smith |
| 331-68 | Oct 29 | AUDITS.
STATE AUDITOR.
SCHOOLS. | Because of the provisions of Section 174.240, RSMo Supp. 1967 placing the entire administration of the Jasper County Junior College District in the hands of the Missouri Southern State College Regents, an audit by the State Auditor of Missouri Southern State College should include an audit of all expenditures by the Board of Regents in administering the first two years of college under the Jasper County Junior College District. |
| 332-68 | Dec 24 | WORKMEN'S COMPENSATION.
SCHOOLS. | A school district board of directors has authority to elect to become an "employer" under the Workmen's Compensation law and to provide workmen's compensation for its employees and use public funds for such purposes. |
| 333-68 | July 30 | TAXATION (COUNTY).
COUNTY AMBULANCE SERVICE. | A county can submit to the voters under Section 137.065, RSMo 1959, a proposed increase in County Revenue Tax for the establishment and maintenance of the ambulance service authorized by Section 67.300, RSMo Cum. Supp., 1967. |
| 334-68 | Aug 20 | | Opinion letter to the Honorable James S. Corcoran |
| 335-68 | July 30 | PRIMARY ELECTIONS.
FILING FOR ELECTIONS.
DEATH OF INCUMBENT. | If a candidate for nomination to an office of which he is an incumbent dies, withdraws or becomes disqualified after the close of the filing period for any primary election within the provisions of Subsection 1 of Section 120.545, RSMo Cum. Supp., 1967: (1) The five day reopened period for filing provided for in Section 120.545 commences immediately, the first day being the day immediately following the death, withdrawal or disqualification of the incumbent; (2) There are no requirements for notice to be given with regard to the opening of the five day reopened filing period provided for in Section 120.545; (3) The five day reopened filing period shall run on consecutive days unless the last day happens to be a Sunday in which case Sunday shall be excluded and the last day shall be Monday. |
| 336-68 | Aug 1 | JACKSON COUNTY SPORTS
AUTHORITY.
TERM OF OFFICE. | The term of Karl Rogers as a commissioner of the Jackson County Sports Complex Authority, expired July 15, 1968; a vacancy exists in such office which should be filled under the provisions of Section 64.930(4) RSMo Supp., 1967; he will continue to serve in such office until his successor has been appointed and qualified. |
| 338-68 | Nov 14 | TAXATION.
CONSTITUTIONAL LAW. | The elimination of the discounts presently allowed under the sales tax act, the state income tax act, and the city earnings tax authorization statutes for the collection of such taxes would not affect the constitutionality of those statutes. |
| 341-68 | Nov 14 | COUNTIES.
DIVISION OF WELFARE.
FOOD STAMPS. | A county or City of St. Louis cannot participate in food stamp program until approved by the Federal Department of Agriculture. |
| 344-68 | Sept 3 | | Opinion letter to the Honorable Joe D. Holt |
| 345-68 | | | Withdrawn |
| 347-68 | Sept 12 | SCHOOLS.
IMPEACHMENT.
RECALL.
QUO WARRANTO. | 1. The fact that two directors on the board of a common school district do not send their children to the public schools within the district and are seeking annexation of their district into another district is not sufficient grounds under Section 162.801 RSMo Cum. Supp., 1967, to declare vacancies on the board and consequently, the County Superintendent of Schools has no authority to appoint new directors. 2. Members of the Board of Directors of a common school district do not violate any of their statutory duties as enumerated in Section 162.091 RSMo Cum. Supp., 1967, because of their refusal to send their children to the public school within their district or because of their activity favoring annexation of their district into another district. 3. There are no provisions for the recall or impeachment of members of the board of directors of a common school district. Board members may be removed from office by a quo warranto proceeding. |
| 350-68 | Sept 5 | ELECTIONS.
CANDIDATES.
COUNTY TREASURER. | Section 54.040, RSMo 1959, does not prohibit a deputy county clerk of a second class county from being eligible to the office of treasurer of said county when such individual has resigned as deputy county clerk prior to the primary election at which candidates were nominated for the office of treasurer. |
| 352-68 | Oct 29 | COUNTY COURTS.
ROADS AND BRIDGES. | County court cannot issue tax bills against adjacent property for road improvements. |
| 353-68 | Sept 19 | PUBLIC RECORDS.
RECORDER OF DEEDS.
MICROPHOTOGRAPHING AND
MICROFILMING OF RECORDS.
DUPLICATES.
WHEN FILED. | It is the opinion of this office that when a recorder of deeds records all legally recordable documents by making and filing photostatic or photographic copies of said documents as provided by Section 109.120(3), RSMo. Cum. Supp. 1967, one copy of each original document shall be made. When the recorder records documents by making and filing microphotographic or microfilm copies, duplicate copies must be made. |
| 354-68 | Dec 19 | CONSTITUTIONAL LAW.
PHYSICIANS.
COMMISSION ON HIGHER EDUCATION.
SCHOOLS.
MEDICAL SCHOOLS.
EDUCATION.
RELIGION.
CONTRACTS. | An agency of the state government may be authorized by the legislature to contract and cooperate with private medical schools for the purpose of training Missourians in the medical profession. |
| 355-68 | Dec 4 | | Opinion letter to the Honorable Thomas D. Graham |
| 356-68 | Oct 1 | HOSPITALS.
BOARD OF HOSPITAL TRUSTEES.
HOSPITAL TAX.
LEASING HOSPITAL FROM
PRIVATE OWNERS. | A hospital board of trustees created by and acting pursuant to Sections 205.160 to 205.340, RSMo 1959, as amended, RSMo. Cum. Supp. 1967, may lease existing hospital facilities from a private organization until a permanent county hospital can be erected. Funds raised by the tax levy authorized by Section 205.200, RSMo. Cum. Supp. 1967, cannot be used to pay the rental on the leased facilities. |
| 359-68 | Oct 29 | COUNTIES. | County cannot enter into a lease-type agreement for purchase of personal property on payment plan extending ever one year without a vote of the people. |
| 361-68 | | | Withdrawn |
| 363-68 | Aug 13 | STATE BOARD OF EDUCATION.
ELEMENTARY & SECONDARY EDUCATION ACT OF 1965.
FEDERAL GRANTS. | Review and certification of Missouri State Department of Education's Application for Program Grants for Migratory Children, FY 1969, Title I, PI, 89-10 as amended by PL 89-750. |
| 370-68 | Sept 3 | | Opinion letter to the Honorable Winston V. Buford |
| 371-68 | Sept 19 | MOTOR VEHICLES.
DRUNK DRIVERS.
DRIVING WHILE
INTOXICATED. | In prosecutions for driving while intoxicated, Section 564.440, RSMo 1959, prior convictions for driving while intoxicated in other states cannot be considered in assessing punishment. |
| 373-68 | Nov 13 | | Opinion letter to the Honorable J. H. Frappier |
| 375-68 | Dec 12 | HOSPITALS.
HOSPITAL DISTRICTS.
AMBULANCE SERVICE. | The Reynolds County Hospital District organized under Chapter 206, RSMo., may provide an ambulance service to the inhabitants of the hospital district as an incident to the operation of the hospital. Such service may only be provided after the hospital is established. The District cannot furnish a general ambulance service provided for in Section 67.300, RSMo Supp. 1967. |
| 380-68 | Nov 14 | BONDS.
INDUSTRIAL DEVELOPMENT.
COMPETITIVE BIDS.
APPROVAL OF INDUSTRIAL PROJECTS
BY DIVISION OF COMMERCE AND
INDUSTRIAL DEVELOPMENT. | A city of the 4th class under a lease agreement pursuant to industrial development revenue bond issues under Chapter 100, RSMo Cum. Supp. 1967, need not follow the procedure of competitive bidding for the construction of the proposed facility thereunder, and that under Section 100.200, any purchase options entered into in compliance with the statutes and approved by the Division of Commerce and Industrial Development need not be further approved at the time of their actual exercise. |
| 382-68 | Oct 29 | OFFICERS.
OFFICE OF PROFIT.
PROBATE JUDGE.
MAGISTRATE. | Probate Judge/ex officio Magistrate may not simultaneously serve as United States Commissioner pursuant to 28 USCA, Section 631. |
| 384-68 | Nov 13 | | Opinion letter to the Honorable Alden S. Lance |
| 385-68 | Oct 17 | BONDS.
ELECTIONS.
CONSTITUTIONAL LAW. | A vote on November 5, 1968, by a municipality to issue general obligation bonds, will not pass if more than 60%, but less than 66-2/3% of the vote is favorable, even though on the same date a proposed constitutional amendment to reduce the percentage requirement to 60% for the issuance of such bonds obtains a majority vote. |
| 388-68 | Dec 12 | MOTOR VEHICLES.
LIMITED DRIVING PRIVILEGES. | A court cannot grant a limited hardship privilege where a license has been revoked under the provisions of Section 302.291, RSMo. |
| 392-68 | Oct 14 | | Opinion letter to the Honorable William R. Antoine |
| 395-68 | Oct 29 | OFFICERS.
PUBLIC OFFICERS.
COMMITTEEMEN. | One can hold the offices of United States Representative in Congress and party committeeman concurrently. |
| 396-68 | Aug 11 | ELECTIONS.
CHALLENGERS.
WATCHERS.
POLITICAL PARTIES. | A new political party organized under the provisions of Section 120.140, RSMo et seq. is a political party within the provisions of the statutes relative to the selection of challengers and watchers. There are no statutory provisions for challengers in areas other than Clay County, Jackson County, St. Louis County, Kansas City, and the City of St. Louis in general elections. |
| 397-68 | Oct 24 | | Opinion letter to the Honorable James C. Skaggs |
| 398-68 | Dec 5 | | Opinion letter to the Honorable Bill Crigler |
| 399-68 | Nov 26 | BANKS.
TRUST COMPANIES.
SAFE DEPOSIT COMPANIES.
WAIVERS.
INHERITANCE TAXES. | It is the opinion of this office that a bank or other institution included in Section 145.210, RSMo Supp. 1967, having custody of the will of a decedent shall deliver such will to the Probate Court which has jurisdiction of the estate. No inheritance tax waiver is required to authorize such delivery. |
| 403-68 | Oct 17 | ELECTIONS.
POLITICAL PARTIES.
ELECTION JUDGES. | County courts and boards of election commissioners have authority to appoint as election judges only members of the Democratic and Republican parties because such two political parties are the parties which received the largest number of votes and the next largest number of votes at the last general election. The county courts and boards of election commissioners have no authority to select judges from lists submitted to them by the alleged representatives of a third political party. |
| 405-68 | Oct 17 | ELECTIONS.
ABSENTEE VOTING. | An absentee ballot which is mailed to the issuing officer by an individual other than the voter at the request of the voter, is a valid ballot and should be counted if otherwise in compliance with the Absentee Voting Laws. |
| 409-68 | | | Withdrawn |
| 410-68 | Dec 5 | PODIATRISTS. LICENSES. | It would be a valid exercise of the inherent police power of the state to adopt legislation requiring a reasonable “continuing education” program in the field of podiatry as a condition to annual registration. |
| 411-68 | Dec 5 | PHYSICIANS.
PODIATRY. | It is the opinion of this office that the services of a podiatrist are not “physician’s services” as provided in Section 208.152, RSMo. Supp. 1967, providing for benefit payments for medical assistance on behalf of needy persons. |
| 414-68 | Oct 31 | ELECTIONS.
PRESIDENT AND VICE-PRESIDENT.
VOTING.
“WRITE-IN” VOTES. | Under Sections 111.420 and 111.580, RSMo 1959, write-in votes for president and vice-president which are properly cast must be counted, and do not invalidate a ballot nor any portion thereof. |
| 415-68 | | | Withdrawn |
| 418-68 | Oct 31 | | Opinion letter to the Honorable William C. Batson, Jr. |
| 422-68 | Nov 1 | | Opinion letter to the Honorable Charles B. Adams |
| 434-68 | Dec 17 | | Opinion letter to the Honorable James P. Dalton |
| 439-68 | Dec 23 | | Opinion letter to the Honorable Harold L. Volkmer |
| 447-68 | Dec 23 | FEDERAL STATE AGREEMENTS.
STATE BOARD OF EDUCATION.
HIGHER EDUCATION ACT OF 1965. | Review and certification of State Plan for Attracting and Qualifying Teachers to Meet Critical Teacher Shortages under Part B, Subpart 2 of the Education Professions Development Act, Title V Higher Education Act of 1965, as amended by P.L. 90-35. |
| 453-68 | | | Withdrawn |