|3-69||Apr 15|| ||Opinion letter to the Honorable Clinton Almond|
|4-69|| || ||Withdrawn|
|9-69||Mar 18||MOTOR VEHICLES.|
|1. If the weight on a tandem axle does not exceed thirty-two thousand (32,000) pounds but the weight on one of the axles in the tandem group exceeds eighteen thousand (18,000) pounds there is a violation of Section 304.180, RSMo Cum. Supp. 1967. 2. Any one axle, however, positioned or attached, may not exceed the weight of eighteen thousand (18,000) pounds prescribed for a single axle. 3. A weight limitation of eighteen thousand (18,000) pounds on a single axle of a tandem group is not in conflict with or in excess of that permitted under the provisions of Section 127 of Title 23 of the United States Code (public law 85-767, 85th Congress). 4. A holding that, under Section 304.180, the weight of any one axle of a tandem group can lawfully exceed eighteen thousand (18,000) pounds would render the State of Missouri ineligible for apportionment of future interstate funds under Section 108(b) of the Federal Aid Highway Act of 1956.|
|10-69||Aug 19||CONSTITUTIONAL LAW.|
CREDIT LIFE INSURANCE.
|Sections 436.010 through 436.080, RSMo Supp. 1967, neither prohibit nor authorize the sale of credit life insurance in connection with installment purchases of prearranged funeral plans. Sales of such insurance policies are permitted, provided that all statutory requirements relating to the sale of such insurance are met. Sections 436.010 through 436.080 govern the handling and investing of money collected only under prearranged funeral plans entered into after the effective date of those sections, October 13, 1965.|
|12-69||May 26|| ||Opinion letter to the Honorable James A. Noland, Jr.|
|13-69||Jan 10||POLICE DEPARTMENTS.|
CITIES, TOWNS, AND VILLAGES.
|Graduation from or completion of courses offered by the Police Academy of Metropolitan St. Louis Police Department does not fulfill the requirements of Section 66.250, RSMo Supp. 1967.|
|15-69||Feb 3|| ||Opinion letter to the Honorable Don Witt|
|18-69||Feb 18|| ||Opinion letter to the Honorable Ralph Combs|
|21-69|| || ||Withdrawn|
|23-69||Nov 6||CIRCUIT COURT.|
CIRCUIT COURT CLERKS AND RECORDER OF DEEDS.
RECORDER OF DEEDS.
|(1) During a vacancy in the office of the clerk of the circuit court and pending the appointment of a successor by the Governor and qualification of such officer, the circuit court may appoint a temporary circuit clerk; (2) Such an appointment where the offices of circuit clerk and recorder are combined, also constitutes the person appointed by the court ex officio recorder as a matter of law; (3) Such clerk appointed by the circuit judge is entitled to the emoluments of the office during the period he serves as circuit clerk and recorder of deeds; (4) The person appointed by the Governor to fill such a vacancy is not entitled to any emoluments of office until such time as he duly qualifies for such office.|
|24-69||Mar 25||DRIVER'S LICENSES. |
SUPREME COURT RULES.
CHANGE OF VENUE.
DIRECTOR OF REVENUE.
|That Section 564.444 RSMo Supp. 1967, is civil in nature. Supreme Court Rule 41.02 is explicit in directing that the Rules of Civil Procedure shall govern civil practice and procedure in the Circuit Courts. The Rules of Civil Procedure provide for change of venue and appeal. It is our opinion that the Director of Revenue can apply for a change of venue or take an appeal in accordance with the provisions of the Rules of Civil Procedure in matters of judicial review of an order of revocation of a drivers license because of refusal to submit to a breath test issued under the provisions of Section 564.444.|
|25-69||Mar 11||DIRECTOR OF REVENUE. |
MOTOR VEHICLE SAFETY RESPONSIBILITY.
|An unsatisfied judgment of a magistrate court warrants suspension of driving privileges of the defendant until it is satisfied, released, or until a period of ten years expires after rendition or revival of said judgment or from the date of the last payment on the judgment. Failure of the plaintiff to revive such judgment after three years in no way affects the suspension of driving privileges contemplated by the Motor Vehicle Safety Responsibility Law.|
|27-69||Feb 25||LIQUOR CONTROL.
|The State Director of Liquor Control has no authority to deny a license to a person to sell intoxicating liquor or nonintoxicating beer under Section 311.060, RSMo and 312.040, RSMo, because such person has been convicted of violating a city ordinance relating to the manufacture or sale of intoxicating liquor or nonintoxicating beer.|
|29-69||Aug 11||NATIONAL GUARD.
|Section 304.265, RSMo, makes unlawful the operation by a member of the Missouri National Guard of trucks and truck-tractor trailers in possession of the Missouri National Guard unless such vehicles are equipped with rear fenders or mud flaps, regardless of whether the vehicles are owned by the State of Missouri or the United States.|
|32-69||Feb 17|| ||Opinion letter to Senator Donald L. Manford|
|34-69||Jan 28||GAMBLING DEVICES.|
|Regulation No. 15(k) of the Supervisor of Liquor Control of Missouri prohibits any licensee from having any "Bingo" device upon his licensed premises.|
|1. The power of a public school board to employ teachers includes the discretion to grant temporary leaves of absence with or without pay subject to the limitations of other applicable laws. 2. Leave of absence must be set out in writing and incorporated in the employment contract between the board and the teacher. The leave cannot be a gratuity, but must be in exchange for service rendered by the teacher during the contract period. 3. Leave agreements by school boards of St. Louis County must be in accord with requirements of Sections 168.191, RSMo Supp. 1967, which limits the terms of teaching contracts. 4. Public school teachers’ retirement system contributions under Section 169.010, et seq., RSMo should be calculated during the teacher’s leave of absence in the same manner as contributions are calculated during periods of actual service. 5. A temporary leave of absence of a teacher employed on a regular full-time basis does not affect the eligibility of the school district for state aid known as “Teacher Preparation Allowance” under subsection 2 of Section 163.031, RSMo Supp. 1967.|
|36-69||Jan 30||PROBATE JUDGES.|
APPOINTMENT OR TRANSFER OF JUDGES.
|Section. 482.120, RSMo, relating to the appointment of a judge of the magistrate court by the judge of the circuit court, and Section 451.180 relating to the appointment of a special probate judge by the Governor, are in conflict with Supreme Court Rule 11.05, which provides that the Supreme Court of Missouri make transfers to the probate and magistrate courts, and are null and void. A de facto judge appointed under either such section is not entitled to the compensation provided for the office. The de jure judge holding said office is entitled to the emoluments of the office.|
|38-69||Jan 7||PUBLIC RECORDS.|
UNIFORM COMMERCIAL CODE.
|Financing statements filed in recorder's office subject to public inspection.|
|41-69||Jan 8|| ||Opinion letter to the Honorable W. E. Sears|
|46-69||May 20||LIBRARIES.||The Jefferson City Library Board is not authorized to pay lease rentals on buildings from the funds derived from a tax levy to erect public library buildings.|
|48-69||Apr 10||REAL ESTATE COMMISSION.
|(1) The Real Estate Commission cannot grant a license to a person whose license has been revoked under Section 339.110, RSMo 1959; (2) The Real Estate Commission can grant a license to a person whose license has been revoked under Section 339.100, RSMo 1959, if such person makes proper application and meets the qualifications of Section 339.040, RSMo 1959.|
|49-69||Mar 3|| ||Opinion letter to the Honorable Harry Wiggins|
|(1) The Board of Education of the Chillicothe R-2 School District is the "Chillicothe School Committee" as the term is used in the will of Florence Pendleton.
(2) A public school board may act as trustee of a charitable trust, the purpose of which is an authorized function of the school district.
(3) A public school district by use of private trust funds may promote the continuing education of its residents through non-interest loans for higher education.
(4) Where a public school district is the trustee of a charitable trust, discriminatory limitations on the trust based on race, religion, national origin, or sex are void and unenforceable. However, such invalid provisions do not void a trust where the intent of the testator, as seen from the will itself, is to create a charitable trust in any event; but such trust is to be enforced without regard to the invalid provisions.|
|54-69||Feb 28|| ||Opinion letter to the Honorable John H. Mittendorf|
RULES AND REGULATIONS.
|That part of Rule 16.4(b) of the Personnel Advisory Board which provides that only physicians may verify certificates of sick leave for state employees is invalid, and to carry out the intention of the legislature the rule should also provide that a chiropractor is legally qualified to verify the certificate required for sick leave resulting from an illness he is legally authorized to treat.|
|56-69||Feb 3|| ||Opinion letter to the Honorable Hunter Phillips|
|57-69||Nov 6||CONSERVATION COMMISSION.|
FISH AND GAME.
|The Missouri Conservation Commission has the authority to regulate the method and manner of taking predatory animals and that Rule IV, Section 4.10 of the Wildlife Code of Missouri, 1969, is a lawful exercise of that authority.|
|County liable for benefits to public roads in drainage or levee districts.|
|61-69|| || ||Withdrawn|
|63-69||Feb 11||CITIES, TOWNS AND VILLAGES.
|Votes in each area counted separately.|
|64-69|| || ||Withdrawn|
|65-69||Jan 30||WATER SUPPLY DISTRICTS.
|The three remaining members of the Board of Directors of the St. Louis County Water Supply District No. 2 should call a special election to fill the vacancies caused by the resignation of two members more than six months prior to the expiration of their terms.|
|66-69||Jan 30||EMERGENCY VEHICLES.|
|It is the opinion of this office that a privately owned vehicle, used in transporting emergency equipment such as iron lungs, oxygen and other emergency equipment, responding to emergency calls by doctors is not an ambulance or other emergency vehicle within the meaning of Section 304.022, RSMo 1959. Consequently, it may not display a red light or use a siren on such vehicle.|
|68-69||Mar 3|| ||Opinion letter to the Honorable Winston V. Buford|
|69-69||Jan 8|| ||Opinion letter to Dr. L. M. Garner|
|70-69||Mar 7|| ||Opinion letter to the Honorable Richard J. Blanck|
|71-69||Apr 23|| ||Opinion letter to the Honorable George J. Pruneau|
|72-69||Feb 24|| ||Opinion letter to Dr. Earl E. Dawson|
|73-69||Jan 8|| ||Opinion letter to the Honorable Charles B. Faulkner|
|76-69||Jan 30||EMINENT DOMAIN.|
|Filing of declaration of taking and deposit of estimated compensation in court vests title to land in
United States government under Federal condemnation law (40 U.S.C.A. § 258 a) so as to remove land from tax rolls in succeeding calendar year.|
|77-69||Feb 4||NATIONAL FOREST RESERVE FUNDS.
SCHOOL AND ROAD MAINTENANCE.
DISTRIBUTED BY COUNTY COURT.
|It is the opinion of this office that the county court of any county receiving funds from the United States under the National Forest Reserve Act shall distribute such funds to aid in maintaining the schools and roads of school districts that lie or are situated partly or wholly within or adjacent to the national forest in the county upon any basis which, in its discretion, the court determines to be proper.|
|78-69||Feb 18|| ||Opinion letter to Mrs. Olean Barton |
|79-69||Feb 27||COUNTY CLERKS.|
DEPUTY COUNTY CLERKS.
FEES, COMPENSATION AND SALARIES.
|The County Clerk of a third class county may employ as many deputies as he determines to be necessary. Paragraph 3 of Section 51.450 RSMo Supp. 1967 does not allow $1000.00 for each deputy employed by the county clerk but does allow one flat sum of $1,000.00 regardless of the number of deputies. Paragraph 2 of Section 51.450 RSMo Supp. 1967 permits the county court to allow an additional sum not to exceed $1,000.00 for deputies and assistants hire. Such additional sum is not allowed for each individual deputy. County Clerks cannot be paid extra renumeration for performance of their official duties relating to casting up the votes given to candidates at elections.|
SPECIAL TAX LEVIES.
|A county hospital organized under the provisions of Section 205.160, RSMo, et seq., may contract with
the county court of the county wherein they are located for such ambulance services as the hospital board of trustees deem necessary and appropriate to the needs of the hospital and the hospital board of trustees may likewise as a part of such contract provide facilities for the housing of the ambulance vehicles.|
|81-69||Mar 28|| ||Opinion letter to the Honorable Charles S. Broomfield|
|The right of the County Auditor to payment of the additional compensation provided by Section 55.097, RSMo Cum. Supp., is conditioned upon the actual performance of the duties imposed by Section 55.175, RSMo Supp. 1967, including the making of an annual audit of the accounts and records of the county health center, county planning and zoning commission and the county building commission. In counties where these facilities do not exist, the auditor cannot meet the conditions imposed by the statute and therefore cannot acquire a right to payment of the additional compensation provided in Section 55.097.|
|83-69||Oct 14|| ||Opinion letter to Mr. Richard E. Snider|
|85-69|| || ||Withdrawn|
|89-69||Feb 18|| ||Opinion letter to the Honorable James C. Kirkpatrick|
|90-69||Jan 29|| ||Opinion letter to Mr. Carl D. Gum|
|92-69||Jan 8|| ||Opinion letter to the Honorable Robert D. Scharz|
|1. A school board has no authority to purchase liability insurance to cover its own negligent actions; 2. A school board is given authority to purchase an individual liability insurance policy on an employee to cover his negligence occurring during the normal activities of the school district; 3. The purchase of liability insurance by a school board to be paid as compensation to its employees does not waive the sovereign immunity of a school board.|
|94-69||Jan 31|| ||Opinion letter to the Honorable Thomas A. Walsh|
|95-69|| || ||Withdrawn|
|98-69||Mar 5|| ||Opinion letter to the Honorable Walter E. Allen|
|99-69||Jan 10|| ||Opinion letter to Mr. George W. Flexsenhar|
|102-69||July 7|| ||Opinion letter to the Honorable John Crow|
|103-69||Feb 3|| ||Opinion letter to the Honorable James C. Kirkpatrick|
|104-69||Feb 28|| ||Opinion letter to the Honorable James. F. Flynn|
|County assessor can verify the assessor's books as provided by Section 137.245, R.S.Mo., when such assessor's books have been prepared by data processing equipment operators from information furnished by the assessor.|
|106-69||June 19||CIRCUIT CLERK.|
|The circuit clerk of a second class county is not entitled to any fee or salary other than his regular salary for acting as clerk of the juvenile court.|
|108-69|| || ||Withdrawn|
|109-69||Feb 18|| ||Opinion letter to the Honorable William T. Brooking, Jr.|
|110-69|| || ||Withdrawn|
|112-69||Feb 11||FEES AND SALARIES.
COMPENSATION AND SALARIES.
|Section 65.230(2), RSMo 1959, authorizes compensation to a township treasurer of two per cent on all funds handled by him up to the amount of $1,000.00, and one per cent on all funds in excess of such amount. He is not entitled to receive two per cent on funds received by him, and another two per cent for disbursing the same funds.|
|113-69||Feb 28|| ||Opinion letter to the Honorable Arlie H. Meyer|
CITIES, TOWNS & VILLAGES.
|1. The St. Joseph School District does not have authority to expend its funds to contract with a professional firm to reevaluate real property within its boundaries. 2. The St. Joseph School District does not have the authority to enter into a cooperative agreement with the City of St. Joseph and Buchanan County in undertaking reevaluation of real property which is a common source of revenue to all three. 3. The county of Buchanan has the authority to contract with a private professional firm to undertake the reevaluation of real property within the County as a means of assisting the Assessor, and authority to enter into a cooperative agreement with the City of St. Joseph, but not with the St. Joseph School District. 4. Such a contract with a private professional firm may be financed with funds from general revenue, if available; a levy approved by the voters under section 137.073, RSMo Supp. 1967, is not mandatory. If a levy is approved as provided in Section 137.037, such levy must be included in the general levy for county purposes provided in section 11(b) of Article X of the Constitution of Missouri.|
|A county court is authorized to expend such amount of tax revenues raised to create a bond service fund for the county’s unissued hospital bonds as is needed to pay obligations incurred in furtherance of the purpose for which the bonds were authorized. Tax proceeds so expended must be replaced as soon as the hospital bonds are issued. A county court is authorized to replace these bonds with the bond proceeds.|
|The financial reports required by Section 105.470, RSMo Supp 1967, should disclose all expenditures made to, or in behalf of, a member of the General Assembly for the purposes of attempting to influence the passage or defeat of legislation by the General Assembly. It is further the opinion of this office that such financial reports need not include the amounts received by persons to be used by them for the purpose of attempting to influence the passage or defeat of legislation by the General Assembly, but need only list the actual expenditures made by these persons for the stated purpose. The salaries of these persons need not be reported.|
LIFE INSURANCE AND LIFE INSURANCE COMPANIES.
SUPERINTENDENT OF INSURANCE.
|A Missouri domiciled life insurance company organized under the provisions of Sections 376.010 through 376.675, RSMo, is not permitted to use the common stock of a wholly-owned subsidiary which has been organized or acquired pursuant to the provisions of Section 375.355, RSMo Supp. 1967, as a special deposit required under Section 376.170, RSMo 1959.|
|121A-69||Feb 3|| ||Opinion letter to the Honorable James E. Godfrey|
|122-69||June 13|| ||Opinion letter to the Honorable James E. Godfrey|
|(1) A county court can enter into a contract with an individual agreeing to pay such individual not to exceed $5,000 during a year for ambulance services for which the individual is unable to collect from persons for whom he has furnished ambulance service if such individual submits said claims to county court for the amounts he is unable to collect. (2) The county court of a third class county does not have the authority
to make a deposit of county funds in an individual's name, allowing him to draw upon said account for payment of ambulance services for the amount he is unable to collect from persons for whom he has furnished ambulance service.|
|124-69||Mar 3|| ||Opinion letter to the Honorable Lawrence J. Lee|
|125-69||Apr 16|| ||Opinion letter to the Honorable James N. Foley|
|126-69||Mar 28|| ||Opinion letter to the Honorable R. Jaynes|
|A duly appointed magistrate clerk continues to hold office in the interim following the death of the appointing magistrate and until the appointment of a clerk by a magistrate appointed by the governor to fill the vacancy and that the clerk is entitled to compensation for such period.|
|130-69|| || ||Withdrawn|
|131-69||Aug 12|| ||Opinion letter to the Honorable Harold L. Volkmer|
|132-69||Mar 4|| ||Opinion letter to the Honorable Albert F. Turner|
|134-69|| || ||Withdrawn|
|135-69||Feb 28|| ||Opinion letter to the Honorable Harry Wiggins|
|136-69||Apr 30|| ||Opinion letter to the Honorable G. William Weier|
|139-69||Aug 29|| ||Opinion letter to the Honorable Alvin B. Walker|
|141-69||Aug 11||COUNTY COURT.
ROADS AND BRIDGES.
|A county court may use the road and bridge fund to purchase real estate in the county for the purpose of storing machinery used to keep up and build county roads and bridges.|
|142-69||Aug 4|| ||Opinion letter to Robert L. Hyder, Esq.|
|143-69||June 12||CONSTITUTIONAL LAW.|
CITIES, TOWNS AND VILLAGES.
|The City of Rolla may, if approved by the voters, levy and collect an additional twenty cents special tax for recreational purposes under Section 64.755, RSMo Supp. 1967, in addition to a tax levy of eighty cents for municipal purposes under Section 94.060, RSMo 1959, and twenty cents for park purposes under Section 90.500, RSMo Supp. 1967.|
|145-69||June 19||CONFLICT OF INTEREST.
|Entering into a contract of employment by the Circuit Clerk with a bank where the Circuit Clerk's account is on deposit is a violation of Section 105.495, RSMo Cum. Supp. 1967, a section of the conflict of interest law.|
|146-69||Feb 18|| ||Opinion letter to the Honorable Lowell McCuskey|
JUNIOR COLLEGE DISTRICT.
|Section 178.840, RSMo Supp. 1967, does not permit, authorize or direct the Junior College District of Metropolitan Kansas City, Missouri, to hold an election on the first Tuesday in April 1969, for the election of a trustee.|
|148-69|| || ||Withdrawn|
|149-69||July 1||CIVIL DEFENSE.|
|The Boone County Court, in the exercise of its control of the fiscal affairs of the County has authority
to reimburse the County Civil Defense Director for all actual and necessary travel expenses incurred in the performance of public duties, which would include travel to attend civil defense conferences outside the political subdivision and outside the State of Missouri.|
|152-69||Sept 5|| ||Opinion letter to the Honorable Dennis C. Brewer|
|153-69||May 2|| ||Opinion letter to the Honorable Robert L. Prange|
|157-69|| || ||Withdrawn|
|158-69|| || ||Withdrawn|
|159-69||Aug 7||COUNTY BUDGET LAW.|
|Revenues under section 262.500 to 262.540 RSMo 1959, are under the Budget Law. These revenues must be divided into separate funds--one for premiums which is not a revolving fund. The remaining fund may be used for premiums or for fairgrounds unless the latter use is required in the tax election proposition. Surplus from any year may be used only for premiums or advertising.|
|162-69|| || ||Withdrawn|
|163-69||Mar 10|| ||Opinion letter to the Honorable Eugene F. Mazzuca|
|164-69||Mar 10|| ||Opinion letter to the Honorable Eugene F. Mazzuca|
|(1) School districts may form and contribute funds to a voluntary association consisting of several school districts, provided that the activities of the association are within the powers of the participating school districts. (2) An association so formed may employ and compensate a person with the title of executive director, out of funds contributed by the participating districts. (3) The said association may take part in activities in support of or in opposition to legislation affecting the participating school districts.|
KANSAS CITY AREA.
|Residence requirements for a commissioner of the Kansas City Area Transportation District Authority as the representative of a particular county are met by a person who is legally entitled to vote in such county. Voting residence depends on the intent of an individual and such intent is determined by his acts as well as his statements.|
|170-69||Apr 24||SAFETY RESPONSIBILITY UNIT.
|The operator of a motor vehicle on the public highways who loses control and goes off the highway and causes damage to another's property in excess of $100 must file a report under Section 303.040, RSMo 1959.|
|172-69||Dec 5|| ||Opinion letter to the Honorable E. J. Cantrell|
|173-69||June 9||INSURANCE.||Proposed "Indemnity Agreement" in which restaurant operators operating under franchise from common franchisor pay into a fund for the purpose of indemnifying each other against specified losses constitutes "insurance contract" which may not be entered into without complying with insurance laws of the State of Missouri.|
|175-69|| || ||Withdrawn|
|A proposed amendment to a Jefferson City ordinance providing for an increase in pension payments to retired Jefferson City firemen would be in violation of Section 13, Article I, of the Missouri Constitution, if such action would involve taking a portion of the existing retirement fund to pay the increase to retired members.|
|178-69||Aug 29|| ||Opinion letter to the Honorable Roy L. Carver|
|179-69||Dec 2||EMINENT DOMAIN.|
|Bonds do not satisfy the Missouri constitutional requirement for just compensation for property taken by the state by condemnation.|
|181-69||Apr 29||COUNTY COUNSELOR.
|(1) An assistant county counselor of a first class county can also be employed as counsel by a sewer district formed under Sections 204.250 through 204.470, RSMo Supp. 1967; (2) An assistant county counselor of a first class county may also be employed as administrative assistant of the highway engineer of that county, so long as such person in no way renders legal services in his capacity as administrative assistant.|
|182-69|| || ||Withdrawn|
|186-69|| || ||Withdrawn|
|187-69||Mar 20|| ||Opinion letter to Mr. Edwin M. Bode|
|An individual who is sixty years of age, with fifteen years of creditable service in the State Retirement System, but who has not retired and is no longer a contributing member of the system, may not receive an increase in retirement benefits as provided for in House Bill 480 of the Seventy-Fifth General Assembly if such person does not re-enter state employment.|
|189-69||Oct 10|| ||Opinion letter to the Honorable Allen S. Parish|
|190-69|| || ||Opinion letter to the Honorable Donald L. Manford|
|County must bear expense of authorized photographic reproduction and destruction of probate court records.|
|192-69||Apr 22||COUNTY COLLECTOR.
FEES, COMPENSATION & SALARIES.
|A county collector in a third class county not having township organizations is authorized to collect and retain a commission under Section 52.260, RSMo Supp. 1967, for collecting taxes levied under Section 278.250, RSMo Supp. 1967.|
|193-69||June 12||ROADS AND BRIDGES.
TAXES (ROADS AND BRIDGES).
|Revenue derived from a county tax levy under Section 137.555, RSMo can be used only for road and bridge purposes and, therefore, cannot be expended for Jackson County Sewer District purposes.|
|194-69|| || ||Opinion letter to the Honorable Robert L. Dunkeson|
|Referral selling operation described herein in which the purchaser participant is involved in earning some of
his commissions through the enrollment of other purchasers is nevertheless a lottery.|
|196-69||Sept 25||THIRD AND FOURTH CLASS COUNTIES.|
OWNING REAL ESTATE IN OTHER COUNTIES.
SALE OF LAND BY SHERIFF.
|The sheriff of any county in which real estate is located which is owned by another nonadjoining county of the third or fourth class in violation of section 49.285(1), must take possession of the land and sell it in the manner prescribed by section 49.285(1) unless otherwise ordered by a Circuit Court under section 49.285(2).|
|198-69||July 10||COUNTY CHARTER COMMISSION.
NECESSARY GOVERNMENTAL EXPENSES.
COUNTY LIABILITY OR REIMBURSEMENT FOR EXPENSES. CONSTITUTIONAL LAW.
|The Clay County Court is authorized to expend county funds to meet the necessary expenses incurred by the Clay County Charter Commission in the performance of its official duties. Necessary expenses do not include fees for professional advice and services meals consumed, clothing depleted or commutation expenses incurred by commission members. Nor may the county use its fund in any way to compensate members of the commission for their services.|
|199-69||June 24|| ||Opinion letter to the Honorable Herman Julien|
|200-69||May 20||COUNTY COURT.
|If only the presiding judge and one other judge of the County Court are present, the presiding judge may proceed to hire an employee for the county although the other judge votes against such hiring. When all judges are present, and one judge is disqualified to act by reason of his relationship to a prospective employee, the presiding judge may hire said employee although the other judge may vote against said hiring.|
|204-69||Sept 23|| ||Opinion letter to Mr. George W. Flexesenhar|
|206-69|| || ||Withdrawn|
|209-69||June 5||STATE HIGHWAY DEPARTMENT.
|Overtime compensation can be paid by the Missouri State Highway Commission to maintenance employees who are required to work overtime for snow and ice removal and for other emergency highway work such as repair or reconstruction of washed out bridges.|
|212-69||Aug 11||HOUSING AUTHORITY.
|A tenant, is not eligible to be appointed to the office of commissioner in a municipal housing project created under provisions of Chapter 99, RSMo 1959.|
|213-69||Apr 29||MOTOR VEHICLES.
|If a person operates a motor vehicle when his driver's license is suspended under Chapter 303, RSMo, "The Safety Responsibility Law," he is in violation of Section 303.370, RSMo 1959, and not Section 302.321, RSMo Supp. 1967.|
|It is the opinion of this office that pharmacists are exempt from jury duty, under the provisions of Section 338.160, RSMo.|
|215-69||Oct 16||PROSECUTING ATTORNEYS.
UNITED STATES COMMISSIONER.
|Under Article VII, §9 of the Constitution of Missouri, a person may not hold the office of prosecuting attorney and that of United States Commissioner at the same time.|
|216-69||Aug 4|| ||Opinion letter to the Honorable A.J. Seier|
|220-69||June 9||POLLING PLACES.|
|County clerks, boards of election commissioners or other proper election officials are not required to designate tax supported public buildings to be used as polling places under the provisions of Section 111.257 RSMo. Supp. 1967.|
|222-69||Apr 17||STATE BOARD OF EDUCATION.
MANPOWER DEVELOPMENT AND TRAINING ACT.
|Review and certification of Missouri State Board of Education's Agreement with the United States Department of Health, Education and Welfare under the Manpower Development and Training Act of 1962, as amended.|
|223-69||Oct 27||DIRECTOR OF REVENUE.
INTANGIBLE PERSONAL PROPERTY TAX.
|(1) Ninety-eight per cent of the proceeds of intangible personal property tax which are to be returned to the local political subdivisions is not to be transmitted to the State Treasurer: (2) Treasurer of Missouri is to receive promptly two per cent of the proceeds from the intangible personal property tax and, if he determines that any portion of this two per cent is not needed for current operating expenses, that amount is to be placed at interest for the benefit of the State of Missouri; (3) Director of Revenue is an insurer of that portion of the intangible personal property tax which he retains and is bound to turn over the proceeds to the proper local official on the date as specified by statute. That in discharging this duty he may deposit the portion of the revenue which ultimately is to be returned to the counties for safe-keeping and that he may, in so doing so, deposit these moneys in 'time deposit' accounts which draw interest. In the event that the Director chooses to avail himself of the opportunity to place this money at interest, the interest earned is to be returned to the counties in proportion to the amount of revenue produced by that county.|
|224-69||June 6|| ||Opinion letter to the Honorable L.M. Garner, M.D., M.P.H.|
FIRST CLASS CITIES.
ADOPTION OF CHARTER.
CONSTITUTIONAL CHARTER CITIES.
|An unincorporated area incorporating as a first class city cannot at the same time adopt a charter form of government, but may hold elections to present the question of adoption of a charter only after organizing as a first class city.|
|228-69||June 12||CAPITOL BUILDING.||Custodian of House has control only over offices of members and of rooms on the third and fourth floors of West side of the Capitol.|
|229-69||Nov 6|| ||Opinion letter to the Honorable John A. Grellner|
|232-69||Sept 25|| ||Opinion letter to the Honorable William R. Royster|
|233-69|| || ||Withdrawn|
|234-69||Apr 18|| ||Opinion letter to County Court|
|236-69|| || ||Withdrawn|
|239-69||May 21|| ||Opinion letter to the Honorable Thomas D. Graham|
|240-69||Aug 1|| ||Opinion letter to the Honorable William R. Royster|
|241-69||May 27||PUBLIC RECORDS.
DEPARTMENT OF REVENUE.
|The records concerning motor vehicle registration are public records under Section 301.350, RSMo 1959 and Section 109.180, RSMo Supp. 1967, and shall be kept open to public inspection during reasonable business hours.|
|244-69|| || ||Withdrawn|
|246-69||Sept 25||POLL BOOKS.|
|A six-director school district election express statutory language requires that poll books be used and that at the close of each election one of the poll books shall be transmitted to the clerk of the county court and the other retained in the possession of the judges of election open to the inspection of all persons.|
|247-69||May 20|| ||Opinion letter to Mr. Gene Sally|
|A school district may adopt, by the necessary majority required by the Constitution, a proposal to further increase the rate of taxation for a given year or years beyond the rate previously authorized by popular vote for said year or years. Should a proposal for further increase in the rate fail to get the necessary majority required, the rate existing at the time of said vote on the proposed further increase is not repealed thereby, but continues in effect for the term previously authorized by vote.|
|Section 78.550 only prohibits candidates and other interested persons from hauling voters to the polls.|
FOURTH CLASS CITIES.
SPECIAL TAX LEVIES.
|(1) A county operating an ambulance service under Section 67.300, RSMo Supp. 1967, may submit to the voters, under Section 137.065, RSMo 1959, a proposed increase in county revenue tax for the maintenance of such service; (2) A fourth class city operating an ambulance service under Section 67.300, RSMo Supp. 1967, may levy a special tax to pay for such service under the provisions of Section 94.260, RSMo 1959; (3) The electors of a fourth class city may vote an increase in the rate of taxation under Section 94.250, RSMo 1959, to finance an ambulance service authorized by Section 67.300, RSMo Supp. 1967.|
|256-69||June 24||COUNTY COURT.
|In dividing county into county court judge districts contiguously located, and as near equal in population as practicable, under Section 49.010, RSMo 1959, county court in equalizing population of districts is required by Section 1.100, RSMo 1959, to use last preceding census report of United States for county.|
|257-69||June 26||MUNICIPAL CORPORATIONS.
|Independence, a Constitutional Charter City is not prevented by state law from empowering the Chief of Police to commission reserve policemen.|
|258-69||Aug 28||COUNTY CLERK.
|The County Court of Callaway County may properly reimburse the County Clerk for expenses actually and necessarily incurred by him in performing official duties required to be performed under the County Registration Law (Chapter 114, RSMo.).|
|260-69|| || ||Withdrawn|
|261-69||June 12||CITIES.||Statutes imposing liability on first and second class cities for riot damage do not apply to Constitutional Charter City.|
|265-69||Oct 30||CONSTITUTIONAL LAW.
|A public school board may not allow the use of public school property by the Ministerial Alliance to conduct religious training.|
|267-69||Sept 9||MOTOR VEHICLES.
COMMERCIAL MOTOR VEHICLES.
|A station wagon used to transport tools used in repair work is not a commercial motor vehicle.|
|270-69||Dec 16|| ||Opinion letter to the Honorable Ray Lee Caskey|
|271-69||Oct 9||TRUTH IN LENDING.
DIVISION OF FINANCE.
|Federal Truth In Lending Act supersedes Missouri Credit Law where disclosures would be inconsistent with federal system; other provisions of Missouri law remain in force.|
|272-69||Sept 17|| ||Opinion letter to the Honorable C. W. Culley|
|Members of the Missouri State Highway Patrol, with the exception of the director of radio and radio personnel, are authorized by Sections 43.195 and 564.443, RSMo Supp. 1967, to arrest without a warrant for a misdemeanor not committed in their presence, upon reasonable grounds, for the offenses mentioned in these statutes.
The one and one-half hour limitation imposed by Section 564.443, RSMo Supp. 1967, does apply to arrests for violations of Section 564.440, RSMo Supp. 1967 (driving while intoxicated) but does not apply to arrests for all other motor vehicle law violations under Section 43.195, RSMo Supp. 1967.|
|274-69||Aug 22|| ||Opinion letter to Mr. Howard L. McFadden|
|275-69||July 1|| ||Opinion letter to the Honorable Earl L. Schlef|
|277-69||June 5|| ||Opinion letter to the Honorable Max B. Benne|
|278-69|| || ||Withdrawn|
|279-69||June 26||STATE AUDITOR.|
DEPARTMENT OF REVENUE.
|The State Auditor is required under law to audit the Office of the State Treasurer at least once annually and is required to examine and post-audit the Department of Revenue not less than once every two years.|
|281-69||July 3||SOIL AND WATER.|
WATERSHED PROTECTION AND FLOOD PREVENTION SUBDISTRICTS.
|Section 278.290, RSMo Supp. 1967, which requires a waiting period of more than five years for disestablishment of Watershed Protection and Flood Prevention Subdistricts has no application to the disestablishment of Soil and Water Conservation Districts; disestablishment of such districts is governed solely by Section 278.150, RSMo Supp. 1967, which permits disestablishment at any time.|
|283-69||Aug 28||CITIES, TOWNS & VILLAGES.
|Third class city with existing sewer and disposal plant may establish general sewer system under 88.832 RSMo 1959, and the city council may levy the tax authorized thereunder. Such tax may be in excess of the constitutional limit for general municipal purposes.|
|285-69||Aug 13|| ||Opinion letter to the Honorable Harold J. Esser|
|In a county which has provided for voter registration, under the provisions of Chapter 114, RSMo, “The Local Option Registration Law”: (1) That pursuant to Section 114.220(3), RSMo Supp. 1967, a person registered in a precinct in which he offers to vote, may not be challenged on the day of election solely on the basis that his residency is actually in another precinct; (2) It is further the conclusion of this office that the requisites to registration set out in Section 114.050, RSMo 1959, except those of precinct residency, may be inquired into by challenge on the day of election.|
|287-69||Oct 7||ROADS AND BRIDGES.|
SPECIAL ROAD DISTRICTS.
|A commissioner of a special road district may not be employed as a laborer for the road district.|
|288-69||June 20|| ||Opinion letter to the Honorable A. J. Seier|
|290-69||June 27|| ||Opinion letter to the Honorable Lawrence J. Lee|
|291-69||July 11|| ||Opinion letter to the Honorable Dexter D. Davis|
|It is the opinion of this office that the making of a loan by requiring the execution of a note to the principal of which is added simple interest on the entire amount of the loan at the rate of five per cent per annum for seven years, payable over a period of 84 months in equal monthly installments and secured by a first deed of trust on real estate constitutes usury in that the total interest payable on the note evidencing the debt would exceed eight per cent per annum as limited by Sections 408.030 and 408.050, RSMo.|
|The Governor can designate a person to perform the duties of the office of the head of an executive
department, such person not being appointed to the office or claiming title to the office. Such person can perform the duties of the office until such time as the office is properly filled by a qualified person duly appointed.|
|294-69||July 11||STATE HIGHWAY COMMISSION.||Commission may establish position of Director, having general charge and supervision of state highway department, and may determine qualifications. Provisions of Section 226.040, RSMo 1959, relating to "chief engineer" are not effective to limit this authority.|
|295-69||Aug 29|| ||Opinion letter to the Honorable Joe D. Holt|
ARCHITECTS & ENGINEERS.
|A corporation organized under "The General and Business Corporation Law of Missouri," Chapter 351, RSMo
1959, may have as a purpose the practice of architecture and professional engineering. A corporation organized pursuant to "The Professional Corporation Law of Missouri," Chapter 356, RSMo Supp. 1967, may also have as a purpose the practice of architecture and professional engineering. A corporation organized pursuant to either of the above mentioned chapters must have a certificate of authority issued by the State Board of Registration for Architects and Professional Engineers before it may solicit, offer and render architectural or professional engineering services in this state. It is not necessary for the Board to revoke or cancel the certificate of authority of a corporation organized pursuant to Chapter 356 if that corporation should elect to continue doing business under Chapter 351.|
|297-69|| || ||Withdrawn|
|298-69||June 18||STATE BOARD OF EDUCATION.
ELEMENTARY & SECONDARY EDUCATION ACT OF 1965.
FEDERAL STATE AGREEMENTS.
|Review and, certification of application of the State Board of Education for Grant under Title V of the Elementary and Secondary Education Act of 1965, P.L. 89-10, as amended.|
|301-69||June 18||STATE BOARD OF EDUCATION.
VOCATIONAL EDUCATION ACT.
|Review and certification of State Plan of State Board of Education under the Vocational Education Act of 1963, as amended.|
|302-69||Sep 24|| ||Opinion letter to the Honorable Frank L. Mickelson|
|303-69||Oct 9||VITAL STATISTICS.
DIVISION OF HEALTH.
|Funeral directors who make copies of death certificates prior to filing with the local registrar and with the Division of Health or funeral directors who make copies of certified copies of death certificates are in violation of the provisions of Section 193.380, RSMo Supp. 1967.|
|304-69||Aug 19|| ||Opinion letter to the Honorable Lawrence J. Lee|
|305-69||Sept 18||MISSOURI STATE SOIL AND WATER DISTRICTS COMMISSION.|
NOTICE OF ELECTION TO LOCAL BOARDS OF SUPERVISORS.
|Elections for the members of boards of soil and water district supervisors must be preceded by legal notice of the time, place, and purpose of the election.|
|306-69||Aug 21||SEARCH WARRANTS.
CITIES, TOWNS & VILLAGES.
|Supreme Court Rule 33.02 controls the execution of search warrants. By allowing execution by "peace officers," it thus authorizes officers of a municipal police department in cities of the third class to execute search warrants.|
|307-69||June 27|| ||Opinion letter to the Honorable Charles E. Valier|
|308-69||Aug 22|| ||Opinion letter to the Honorable Haskell Holman|
|309-69||Aug 28||ROADS & BRIDGES.
SPECIAL ROAD DISTRICTS.
|1. The commissioners of a special road district organized under the provisions of Section 233.170, RSMo 1959, and located within a fourth class county do not have the authority to make street improvements within an incorporated city of the fourth class. 2. A county court in a fourth class county is authorized to expend money derived from the special road and bridge tax levy under Section 137.555, RSMo 1959, or from the general revenue tax where such is available on the repair and upkeep of city streets in a fourth class city located within a special road district where such city streets form a part of a continuous county road system, but it cannot spend money on a bridge located within a special road district, whether said bridge lies within or without city limits.|
|311-69||Aug 25||MOTOR VEHICLE.
COMMERCIAL MOTOR VEHICLE.
|A motor vehicle designed as a passenger carrying vehicle but regularly used to transport freight and merchandise is required to be registered as a commercial motor vehicle.|
|314-69||Sept 16||PUBLIC WATER SUPPLY DISTRICTS.
EXTENSION OF SERVICES.
|The public water supply system can refuse to extend services because of anticipated excessive rates if it be affirmatively shown that the refusal was a result of a reasonable and impartial administrative determination.|
|315-69||Sept 24|| ||Opinion letter to the Honorable John J. Johnson|
|A township board may consent to pay the cost of a surety bond of the township collector. Such consent is discretionary with the township board and if it is not given the township collector must pay the cost of such bond whether it be a personal or surety bond.|
|317-69||June 30||FEDERAL-STATE AGREEMENTS.
ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.
STATE BOARD OF EDUCATION.
|Review and certification of State Application (June 18, 1969) to Participate in Title III of Public Law 89-10, (Public Law 90-247, Section 131, Amendments to Title III of the Elementary and Secondary Education Act of 1965).|
|319-69||Sept 15||UNFAIR MILK SALES PRACTICES ACT.||A supermarket which demands and receives ninety days credit from dairy suppliers would be in violation of Section 416.440(3), RSMo 1959, if the nature of said credit demand is that of a discriminatory gift not available to all purchasers nor extended by all suppliers and if the effect thereof is to divert trade or injure competition.|
|320-69||July 3|| ||Opinion letter to the Honorable James C. Kirkpatrick|
|321-69|| || ||Withdrawn|
|322-69||July 10||AIR POLLUTION.||(1) The state does not have the power under Chapter 203, RSMo, to force a municipality to pass an ordinance on air pollution; (2) if a municipality does not enact an ordinance on air pollution, the individual council members are not in violation of state law and cannot be punished in regard thereto; (3) if city ordinances are passed in regard to air pollution the city must apply for an exemption from the Missouri Air Conservation Commission under Section 203.150(1), RSMo Supp. 1967, before such ordinances can be enforced; if an exemption is granted but such ordinances are not being enforced the exemption will be revoked under the provisions of Section 203.150(4), RSMo Supp. 1967, but no other penalties can be inflicted upon either the municipality or the city councilmen by the Air Conservation Commission.|
|323-69||Sept 11|| ||Opinion letter to the Honorable Gladys Marriott|
|324-69||Oct 9||CITIES, TOWNS & VILLAGES.
|A legal quorum of the Board of Alder men of the City of Frontenac a fourth class city was not destroyed when three aldermen left a special meeting of the Board of Aldermen with the purpose of preventing a vote on a resolution and that the resolution, which received more than a majority of the votes cast, was legally adopted.|
|325-69|| || ||Withdrawn|
|332-69|| || ||Withdrawn|
|333-69||Nov 18||CITIES, TOWNS AND VILLAGES.
|(1) A jury in a municipal court in a fourth class city in a second class county should be selected as provided in Chapter 499, RSMo, when no written request has been made by a magistrate as provided for under Section 495.040, RSMo Supp. 1967. (2) The number of jurors for a jury in a municipal court in a fourth class city is to be determined as provided for under Section 543.210, RSMo.|
|334-69|| || ||Withdrawn|
|337-69||Oct 6||CONSTITUTIONAL LAW.
|A state college or university does not violate constitutional provisions by giving credit for course taught by representative of religious denomination, so long as university premises or facilities are not used.|
|339-69||July 26|| ||Opinion letter to the Honorable James C. Kirkpatrick|
|340-69||July 26|| ||Opinion letter to the Honorable James C. Kirkpatrick|
|341-69||July 26|| ||Opinion letter to the Honorable James C. Kirkpatrick|
|342-69||July 26|| ||Opinion letter to the Honorable James C. Kirkpatrick|
|343-69||July 26|| ||Opinion letter to the Honorable James C. Kirkpatrick|
|344-69||July 26|| ||Opinion letter to the Honorable James C. Kirkpatrick|
|345-69||Sept 2||CONFLICTS OF INTEREST.
|A resident of one school district who is employed as a full time teacher in another school district can serve in the position of school board member in the district in which he resides without violating the provisions of the Conflict of Interest Law, Sections 105.450 to 105.495, RSMo Supp. 1967.|
|346-69||Aug 29|| ||Opinion letter to Mr. George J. Eckmann|
|347-69||Aug 26||MOTOR VEHICLES.||A motor vehicle designed and assembled as construction equipment prior to sale at retail is exempt from registration.|
|348-69||Oct 21||PROSECUTING ATTORNEYS.
DIVISION OF WELFARE.
|It is the duty of the prosecuting attorney in a fourth class county to represent the Division of Welfare in adoption proceedings involving a child whose legal custody they have accepted.|
|349-69||Sept 29|| ||Opinion letter to the Honorable Melvin Vogelsmeier|
|350-69||Sept 30||COUNTY OFFICERS.
|A county court may in its discretion reimburse county officers for travel expenses necessarily and indispensably incurred in the performance of the duties of their offices.|
|351-69||Sept 30||COUNTY OFFICERS.
|A county court may in its discretion reimburse county officers for travel expenses necessarily and indispensably incurred in the performance of the duties of their offices.|
|Section 168.116 of House Bill 120 of the 75th General Assembly which will become a law if approved by the Governor is constitutional and forbids only those activities by a school teacher included in the management of a campaign for the election or defeat of a member or members of a board of education by which he is employed.|
|354-69||Oct 27|| ||Opinion letter to the Honorable G.W. Weier|
|355-69||Aug 19|| ||Opinion letter to the Honorable Ted Salveter|
|Article 1, §7, Constitution of Missouri prohibits public funds from being used to employ a full-time chaplain for the Jackson County Jail.|
|A magistrate who retired on her sixty-fifth birthday prior to the enactment of 476.456 by House Bill 216 of the Seventy-Fifth General Assembly after having served twenty-two years as a magistrate is entitled to the benefits afforded by Section 476.450 and can elect to become a special commissioner and receive compensation of one-third the compensation provided by law from the office from which she has retired.|
|359-69|| || ||Withdrawn|
|360-69||Aug 4|| ||Opinion letter to Dr. Ben Morton|
|361-69||Aug 21||NURSING HOME DISTRICTS.||A nursing home district may not annex territory of another nursing home district.|
|362-69||Sept 25||CITIES, TOWNS AND VILLAGES.
|1. Pursuant to the provisions of Section 162.421, RSMo Supp. 1967, the children in areas proposed to be annexed to the City of Columbia in October, 1969, become residents of the Columbia School District on July 1, 1970, and thus will then be eligible to attend the schools of that district, if the proposed annexation is approved.
2. The property in the annexed areas will be subject to the Columbia School District 1970 tax levy, if the proposed annexation is approved.
3. The 1969 taxes are to be paid to the school districts containing the annexed areas and are to be considered in the settlement apportioning the property and obligations of the districts from which land was taken, according to the procedure provided in Section 162.031, RSMo Supp. 1967, if the proposed annexation is approved.|
|363-69||Sept 5|| ||Opinion letter to Mrs. Olean Barton|
|364-69||Oct 16||MOTOR VEHICLES.
LOCAL COMMERCIAL MOTOR VEHICLES.
|A person, not a farmer, operating on a local commercial motor vehicle license, may not, by changing the operating address displayed on the vehicle or by any other means, legally operate outside of more than one municipality of operation and its twenty-five mile radius during the licensed period.|
|There is no constitutional or statutory provision disqualifying a person from running for the position of county judge because he is a teacher in a state college.|
|366-69|| || ||Withdrawn|
|368-69||Aug 7|| ||Opinion letter to the Honorable Edward Stone|
|370-69||Aug 15|| ||Opinion letter to the Honorable Edward Stone|
|371-69||Aug 29|| ||Opinion letter to the Honorable John E. Parrish|
|372-69||Sept 25||DECLARATIONS OF CANDIDACY FOR CONGRESS.||Declarations of candidacy for Congress filed prior to the effective date of new apportionment legislation are a
nullity and candidates who have attempted, to file before such date must file after the effective date of the new law in order to be placed on ballots.|
|373-69||Sept 11|| ||Opinion letter to the Honorable G. William Weier|
|376-69||Sept 18||MUNICIPAL COURTS.
CITIES, TOWNS AND VILLAGES.
CHAIRMAN OF BOARD OF TRUSTEES
ATTORNEY AT LAW.
|House Bill 199 of the 75th General Assembly provides that as of October 13, 1969, in towns or villages in a county of the first class with a charter form of government and in cities of the fourth class in a county of the first class with a charter form of government: (1) The authority of the chairman of such town or village to hear and determine offenses against the ordinances of such town or village is abolished and provides in lieu thereof for the election or appointment of a municipal judge who will have such jurisdiction; (2)The office of the chairman of such towns or villages is not otherwise affected by the provisions of said bill and said chairman need not resign and his office is not vacated; (3) the authority of the mayors or police judges of cities of the fourth class in such county to hear and determine offenses against the ordinances of said cities is abolished and provides in lieu thereof for the election or appointment of a municipal judge who will exercise the jurisdiction formerly exercised by such mayors or police judges. Only the municipal courts in a first class county with a charter form of government are affected by the provisions of House Bill 199 and the bill in no way affects the jurisdiction of personnel of the city courts in any of the towns, villages or cities in other counties.|
|A corporation which holds a majority interest in various other corporations cannot, either personally or through its various subsidiaries, hold more than three retail liquor-by-the-drink licenses.|
|379-69||Oct 27|| ||Opinion letter to the Honorable Gene McNary|
|381-69||Sept 25||BAIL BONDS.||A member of the Selective Service Board of Jefferson County is not disqualified by his membership therein from acting as a professional surety on bail bonds under Supreme Court Rule 32.14.|
|384-69||Aug 28|| ||Opinion letter to Mr. Hubert Wheeler|
|Senate Bill No. 165 of the 75th General Assembly relating to sheriffs of class three and class four counties provides for compensation for such sheriffs which is in addition to other compensation now provided by law and is effective October 13, 1969. Senate Bill No. 165, however, limits the total compensation of all sheriffs of counties of the third class with an assessed valuation of less than $20 million to $10,000 per year, excluding mileage.|
|389-69||Oct 23|| ||Opinion letter to the Honorable James C. Kirkpatrick|
|392-69||Oct 14||CRIMINAL COSTS.||The state shall pay from the criminal cost appropriations for the cost of "a transcript" of criminal proceedings where the defendant is sentenced to five years or more in the penitentiary when the transcript is required by the judge, but that there is no authority for the state to pay for a copy thereof when required by the judge at the conclusion of the case.|
|396-69|| || ||Withdrawn|
|397-69||Sept 23|| ||Opinion letter to Mr. James E. Schaffner|
|398-69||Nov 20|| ||Opinion letter to Mr. George W. Flexsenhar|
|399-69||Oct 9||CIRCUIT CLERKS.
COMMON PLEAS COURTS.
RECORDERS OF DEEDS.
|With respect to House Bill 119 of the 75th General Assembly relating to the total compensation formula for the offices of recorder of deeds, circuit clerks, circuit clerk-ex officio recorder of deeds, in certain counties, and clerks of the common pleas courts, (1) The present full compensation of the recorder of deeds in class two counties can be readily ascertained; and if the compensation provided by House Bill 119 exceeds that provided by statutes applicable before the enactment of House Bill 119, such new compensation cannot be paid during the present term of office. (2) Circuit clerks of class two, three and four counties and the recorder of deeds in counties of the third class and clerks of the courts of common pleas will not receive the compensation provided by House Bill 119 during their present term if the compensation of such officers provided for by such bill is greater than the present statutory salaries of such officers. The additional compensation provided for the clerk of the Hannibal Court of Common Pleas under the provisions of Section 483.455 of House Bill No. 74 is also considered in computing his present salary.|
|If a school board reasonably concludes that a student resides more than one mile from school via the shortest reasonably suitable route for pedestrian traffic and, furthermore, decides to provide public transportation for that student, the school district is entitled to state aid for the transportation of that pupil computed in accordance with Section 163.161, Senate Bills No. 1, 185 and 215, 75th General Assembly.|
|402-69|| || ||Opinion letter to the Honorable Guss C. Salley|
|403-69||Oct 9||PROSECUTING ATTORNEY.
CONFLICT OF INTEREST.
|It is improper for a prosecuting attorney to represent landowners in condemnation actions filed by the State Highway Commission. It is illegal for prosecuting attorneys to represent individuals charged for violating the criminal laws of this state. A prosecuting attorney would violate the common law prohibition against holding conflicting and inconsistent public offices if he were to serve as a member of the State Highway Commission or the State Conservation Commission. A member of the General Assembly may represent landowners in condemnation actions filed by the State Highway Commission. A member of the General Assembly may also represent individuals charged with violation of state laws in courts having jurisdiction of criminal cases including both misdemeanors and felonies in the State of Missouri. For a member of the General Assembly to serve as a member of the State Highway Commission or the State Conservation Commission would be a violation of Article 3, §12 of the Constitution of Missouri.|
|Magistrate courts may obtain personal jurisdiction over nonresidents in those situations enumerated in §506.500, RSMo Supp. 1967, where magistrate courts have jurisdiction over the subject matter pursuant to other statutory provisions.|
|406-69||Oct 9|| ||Opinion letter to the Honorable John C. Ryan|
|407-69||Sept 18||COUNTY CLERK.
|It is the ministerial duty of a county clerk to extend taxes in the tax books based upon the tax rates certified to him by the school boards of the various school districts and he has no power to question the tax rates certified to him by such school boards or to refuse to extend the taxes because he determines that the school boards have allegedly certified to him tax rates not authorized by law.|
|408-69||Oct 9||COUNTY COURTS.
|(1) House Bill 116 of the 75th General Assembly which provides a mode of fixed compensation for judges of county courts of certain third class counties does not constitute an increase in the compensation of such officers and is effective October 13, 1969. The provision of said bill increasing the compensation of judges of the county courts of second class counties is not effective during the term of such judges. (2) House Bill No. 264 of the General Assembly authorizing a uniform allowance to sheriffs and deputy sheriffs does not constitute an increase in compensation during the term of such officers and is therefore effective October 13, 1969. Said bill also provides for additional compensation to sheriffs of class two counties as compensation for additional services by such sheriffs and therefore is not an increase in compensation within the meaning of Section 13, Article VII, of the Constitution and is effective October 13, 1969. (3) House Bill No. 399 of the 75th General Assembly provides that the county collector of third and fourth class counties may retain an increased percentage of fees and commissions for deputy and clerical hire. Such increase is not to the benefit of such collectors, does not constitute an increase in compensation during the term of the collector or his deputies within the prohibition of Section 13, Article VII, of the Constitution and is effective October 13, 1969. Such increase may be used in full for the fiscal year ending February 28, 1970.|
COUNTY FINANCIAL STATEMENT.
|With respect to the provisions of Conference Committee Substitute for House Substitute for Senate Bill No. 13 of the 75th General Assembly, (1) Section 50.810 of said bill relating to preparation of county financial statements is effective January 1, 1971, and effective also on that date are the amendments to Section 51.300 which provides that the compensation of county clerks of county courts of the second, third and fourth classes be computed upon the variables of population and assessed valuation and that said compensation constitutes the entire compensation for services performed by said clerk except for fees for the issuance of fish and game licenses or permits. After the effective date of said section, the county clerks will not be entitled to receive any additional amount for the service performed under Section 50.810 as amended by the bill. The county court may contract with individuals, corporations or associations for the performance of said services in an amount that the court deems reasonable and just; (2) Section 1 of said bill provides that in counties of second, third and fourth classes which have adopted the provisions of Chapters 114 and 116, RSMo, providing for voter registration, the county clerk shall perform the services specified therein and for such services shall, in addition to the compensation now provided by law, receive the sum of $1,500 per year. Section 1 is effective October 13, 1969. However, such services are to be performed annually and before May 10th. Accordingly, these services could not be performed for the year 1969, and such county clerks are not entitled to such compensation for the year 1969. Such services can be performed for the year 1970 and such compensation is effective for the year 1970, but not thereafter in view of the effective date of termination of the provisions for increased compensation which is December 31, 1970.|
|411-69||Sept 30||BONDS.||Bondsman may establish qualification by means of encumbered property having clear value in excess of encumbrance, or by personal property having stable value, but not by property held by entireties.|
|1. Insubordination as used in paragraph 168.107 1(3) means: A teacher's willful, intentional refusal or neglect to obey an express or implied command, instruction, order or rule of the teacher's employing school board, which command, instruction, order or rule is known to the teacher, is reasonable in nature and is given by and with proper authority. 2. A teacher belonging to a voluntary organization whose membership consists in part of teachers would not be in violation of Section 168.116 if the association takes part in the management of a campaign for the election or defeat of a member of a board of education so long as the teacher member does not take part in the initiation or control of the campaign.|
|414-69||Oct 2|| ||Opinion letter to the Honorable Thomas E. Miles|
|415-69||Sept 23|| ||Opinion letter to the Honorable Jack J. Schramm|
|416-69||Sept 25||SCHOOLS.||There is no Missouri statute or regulation of the State Board of Education requiring students to take "mass showers" or requiring teachers to include sex education in the curriculum of kindergarten through sixth grade.|
|The county court of a second class county having anticipated the assessed valuation of the county to be in excess of $300 million cannot consistent with Article X, Section 11(b), Missouri Constitution, and Section 50.550, RSMo 1959, propose and adopt a budget for the next fiscal year within which budget there is a recommendation for a tax levy in excess of 35 cents per hundred dollars of assessed valuation.|
|418-69||Dec 24||ESCAPE FROM COUNTY JAILS.||Pursuant to § 557.390, RSMo 1959, an individual,allegedly absent without leave from the military detained by civilian law enforcers is "lawfully imprisoned or detained . . . upon any criminal charge . . . for the violation of any penal statute," and may be convicted for escaping from such detention.|
|420-69||Oct 28|| ||Opinion letter to Mr. Joseph Jaeger, Jr.|
|421-69|| || ||Withdrawn|
|423-69||Oct 14|| ||Opinion letter to the Honorable R. Jay Ingraham|
|424-69||Oct 30||LOTTERIES.||A contest that requires the entrant to go to a store selling the contest sponsor's product or to buy a magazine in order to obtain an entry blank, and in which prizes are awarded based on a drawing from the submitted entry blanks, does constitute a lottery within the meaning of Article III, Section 39, Missouri Constitution, and therefore, is prohibited in Missouri. |
A contest that requires the entrants to submit a photograph taken by the entrant, and in which prizes are given, but in which the winners are selected on clearly defined elements of skill, is not a lottery within the meaning of the above cited constitutional provisions, and therefore, is not prohibited in Missouri.
|425-69|| || ||Withdrawn|
|426-69||Oct 9||CRIMINAL LAWS.||A person who knowingly and willfully makes or causes to be made a false report to any peace officer or other official in the state of Missouri whose duty it is to enforce the criminal laws of the state, concerning an alleged crime, has committed a misdemeanor under Section 562.285, RSMo Supp. 1967, and can be prosecuted therefor.|
|427-69||Nov 6||CONSERVATION COMMISSION.
|The courts of Missouri do not have jurisdiction to suspend or revoke permits issued by the Conservation Commission and further the Conservation Commission does not have the power to confer such jurisdiction on the courts and any such rule purporting to confer such jurisdiction is invalid.|
COMMON PLEAS CLERKS.
CLERKS OF COURTS OF CRIMINAL.
|The clerks of the common pleas courts, clerks of courts of criminal correction, and circuit clerks to whom House Bill No. 35 of the 75th General Assembly applies should collect the fees therein provided in all cases which are not terminated before October 13, 1969, the effective date of such bill.|
|431-69||Oct 6|| ||Opinion letter to Mr. William L. Culver|
|432-69|| || ||Withdrawn|
|433-69|| || ||Withdrawn|
|434-69||Oct 9||COMMON PLEAS COURTS.
|The clerk of the Hannibal Court of Common Pleas shall be compensated for the period October 13, 1969, to the end of his present term, December 31, 1970, under the provisions of existing law and of Section 483.455 of House Bill No. 74 of the 75th General Assembly. After such date, he will be compensated as provided in Section 50.335 of House Bill No. 119 of the 75th General Assembly.|
|The highest rate of interest payable on general obligation school bonds issued by common, six-director, urban or metropolitan school districts in this state is eight per cent per annum.|
|437-69||Oct 6|| ||Opinion letter to the Honorable Reuben R. Rhoades, D.D.S.|
|438-69||May 19||LIMITED DRIVING PRIVILEGES.
|The courts have no authority to grant limited or hardship driving privileges to any individual whose license has been revoked for a second conviction for driving while intoxicated under §564.440, RSMo Supp. 1967.|
|1. An applicant for a liquor license in this state must be denied a license by the Supervisor where he has been convicted under the laws of the United States or of any state of an offense involving a violation of the provisions of any law applicable to the manufacture or sale of intoxicating liquor subsequent to the ratification of the Twenty-first Amendment to the Constitution of the United States. |
2. An applicant for a liquor license in this state must be denied such license by the Supervisor where he has been convicted in another state of an offense not related to any liquor laws but which is a felony under the laws of that state where such conviction disqualifies him from voting under the laws of this state.
3. Where the conviction or convictions are not sufficient to disqualify an applicant on the above grounds, the Supervisor of Liquor Control may refuse to grant such applicant a license where the circumstances surrounding such conviction or convictions are such as to show bad moral character.
|Pursuant to Section 174.140, Senate Bill No. 12 Seventy-Fifth General Assembly, a state college board of regents has the discretionary authority to pay as part of an employee's compensation the premium for hospitalization, health or life insurance.|
|A duly elected township assessor, who subsequently removes his residence from the township, can make the assessments for 1970 unless removed prior to the making of such assessments.|
If the assessor is removed prior to making the assessments, it is the duty of the township board to fill such vacancy by appointment. Section 65.200, RSMo 1959.
|445-69||Oct 7|| ||Opinion letter to the Honorable Earl Schlef|
|449-69||Oct 15|| ||Opinion letter to Mr. John C. Vaughn|
|Card Index system kept by assessor belongs to county.|
|451-69||Nov 13||CIRCUIT CLERKS.
ST. LOUIS CITY.
|The Clerk of the Circuit Court of the City of St. Louis has the discretionary power and authority to invest funds deposited in the registry of the court in the manner provided in Section 483.310, RSMo 1959, without any action by the General Assembly.|
|A school board has the discretionary authority to pay the premiums for hospitalization and health insurance for its employees as part of their compensation.|
CITIES, TOWNS & VILLAGES.
|(1) House Bill No. 2, as passed by the First Extraordinary Session of the 75th General Assembly, is within the scope of the Governor's special proclamation.
(2) House Bill No. 2 complies with the provisions of Section 23 of Article III of the Constitution which require that no bill shall contain more than one subject which shall be clearly expressed in its title.
(3) The emergency clause contained in Section A of House Bill No. 2 is invalid in that such clause is not "necessary for the immediate preservation of the public peace, health or safety."|
SECRETARY OF STATE.
|(1) The duty of the Secretary of State with respect to referendum petitions is ministerial rather than discretionary; and if petitions are presented that on their face contain signatures verified as provided for in Section 126.040, RSMo 1959, your duty is only to determine whether there are sufficient signatures from the prescribed number of congressional districts.
(2) Circulators of initiative and referendum petitions must personally witness the signing of all names that they verified pursuant to Section 126.040, RSMo 1959; however, there may be more than one circulator for each sheet of a petition. The Secretary of State is required to file all petitions that appear, prima facie, to be in order. The validity of petitions which the Secretary files may be contested according to the provisions of Section 126.050.
(3) Elections called by referendum are to be held at the general election in November of even numbered years unless the legislature should designate another date.|
|462-69||Oct 27|| ||Opinion letter to the Honorable A. J. Seier|
|463-69||Oct 30||CRIMINAL LAW.
RECEIVING STOLEN GOODS.
|Person charged with receiving stolen property may be prosecuted in any county in which he is shown to have been in possession of the property.|
|465-69||Oct 27|| ||Opinion letter to Mr. James E. Schaffner|
|466-69||Dec 16||ARCHITECTS.||1. Section 327.030 and Section 327.271, RSMo 1959, which authorized the predecessor of the Missouri State Board for Architects, Professional Engineers and Land Surveyors to issue special permits to architects and to collect fees when such permits were renewed, were repealed when Senate Bill 117 of the 75th General Assembly became law on October 13, 1969, and 2. Senate Bill 117 does not authorize the Missouri Board for Architects, Professional Engineers and Land Surveyors to renew, or collect renewal fees for the renewal, of special permits issued before Sections 327.030 and 327.271 were repealed.|
|467-69||Nov 4||TAXATION (INHERITANCE TAX).||When a testator leaves realty to a husband and wife subject to a life interest in two individuals and the will provides that the grantees of the life interest must pay rent in a specified sum to the remainder interest, under Section 145.200, RSMo 1959, the value of the life interest is reduced by the rent payments and the value of the remainder is increased by the same amount.|
|469-69||Dec 19|| ||Opinion letter to the Honorable Robert H. Branom and the Honorable Kenneth J. Rothman|
|472-69||Nov 4||POOL TABLES.
|An operator of an amusement center is subject to the license fee provided in Chapter 318, RSMo 1959, with respect to a coin operated pool table used in the establishment, even though he is not the owner of the table.|
COUNTY PLANNING & ZONING.
|1. Section 64.900, RSMo 1967 Supp., does not authorize the voters of Jefferson County to terminate county planning and zoning adopted pursuant to the authority of Sections 64.510 through 64.690, RSMo 1959, as amended. 2. There is no constitutional or statutory authority for conducting a referendum on whether Jefferson County shall continue with planning and zoning unless the voters of Jefferson County, pursuant to Section 64.905, RSMo 1967 Supp., adopt county planning or zoning under the provisions of Sections 64.800 to 64.905, RSMo 1967 Supp., thereby bringing the county within the coverage of Section 64.900, RSMo 1967 Supp.|
|480-69||Dec 19|| ||Opinion letter to the Honorable A. Basey Vanlandingham|
|485-69||Nov 3|| ||Opinion letter to the Honorable James L. Paul|
|487A-69||Dec 31||CONSTITUTIONAL LAW.||(1) Senate Bill No. 241 of the 75th General Assembly is not unconstitutional in violation of Article I, Section 13, Missouri Constitution; and (2) Senate Bill No. 241 is not unconstitutional in violation of Article X, Section 10(a), Missouri Constitution.|
|488-69||Nov 25||MOTOR VEHICLES.
|The Department of Revenue has the right, and duty to collect the fees for motor vehicle registration as provided in Senate Bill No. 242, 75th General Assembly. The Department of Revenue must collect these fees regardless of whether one or two license plates are provided pursuant to Senate Bill No. 242. While the Department of Revenue must collect the increased fees provided for in Senate Bill No. 242, the Department of Revenue need not provide two license plates until January 1, 1971.|
|498-69||Oct 31|| ||Opinion letter to the Honorable Kenneth Rothman|
|499-69||Dec 9|| ||Opinion letter to Mrs. Olean Barton|
|A school board has the discretionary authority to pay the premiums for life insurance for its employees as part of their compensation.|
|502-69||Nov 14|| ||Opinion letter to the Honorable Frank Bild|
|503-69||Nov 20|| ||Opinion letter to the Honorable James C. Kirkpatrick|
|504-69||Nov 5|| ||Opinion letter to the Honorable Haskell Holman|
REAL ESTATE MORTGAGES.
FHA GUARANTEED LOANS.
|(1) Consideration paid by buyer to lender for bona fide services is not interest. (2) Consideration by seller to lender to induce making of loan is not interest unless shown to be subterfuge to establish artificially high purchase price. (3) Mortgage insurance premiums collected by lender and paid to FHA do not constitute interest. (4) Section 362.195, RSMo 1959, purporting to exempt FHA guaranteed loans from usury laws is unconstitutional.|
|508-69||Nov 14|| ||Opinion letter to the Honorable Edna Eads|
|510-69|| || ||Withdrawn|
|Hearings to organize Commodity Merchandising Councils authorized by Senate Bill No. 65, 75th General
Assembly, shall be conducted by the person holding the office of Administrative Hearing Commissioner who has been appointed by the Governor with the advice and consent of the Senate pursuant to Section 161.252, RSMo Supp. 1967, and that the Commissioner of Agriculture is empowered to make the determination from the record taken of the testimony received at the hearing.|
|512-69||Dec 19|| ||Opinion letter to Mr. Gene Sally|
|514-69||Nov 25||CITIES, TOWNS AND VILLAGES.
|There is no statutory requirement that appointed police officers in third class cities governed by provisions of Chapter 77, RSMo 1959, be residents of such city, but such cities may by ordinance require residence or other qualifications in addition to those prescribed by statute. An existing ordinance requiring such residence is not rendered invalid or ineffective by a statutory amendment permitting the employment of nonresident police officers.|
|516-69||Dec 23||CITIES, TOWNS AND VILLAGES.
CITIES OF FOURTH CLASS.
|A person may be appointed as a policeman in a fourth class city who is not a resident of such city.|
|520-69|| || ||Withdrawn|
|524-69||Dec 19|| ||Opinion letter to Dr. Walter C. Daniels|
|525-69||Dec 16|| ||Opinion letter to the Honorable N. William Phillips|
|528-69|| || ||Withdrawn|
|536-69||Dec 19||REAL ESTATE COMMISSION.||The Secretary of the Missouri Real Estate Commission is prohibited from engaging in the real estate practice.|
|537-69||Dec 2||MENTAL ILLNESS.|
DIVISION OF MENTAL HEALTH.
|Under Sections 202.805 and 202.807 of House Bill 43 of the 75th General Assembly, (1) An indigent patient
is entitled to an attorney and the attorney is entitled to a reasonable fee for his services which fee is assessed as a cost to be paid by the county of residence regardless of whether or not the proceedings are held in the county of residence or in the county wherein the facility is located. (2) Commitment proceedings instituted under Section 202.807 pursuant to and as prescribed by Section 202.805 are to be held in the county wherein the facility is located unless the patient applies to have said proceedings transferred to the jurisdiction of the probate court of his county of residence as defined in Section 202.010.|
|538-69||Dec 23||CRIMINAL LAW.|
|Section 564.630, RSMo Supp. 1967, requires that a retail dealer in firearms purchasing a concealable firearm from another such retail dealer or from a person who is neither a wholesaler nor a manufacturer must obtain and deliver to the seller a permit authorizing such retail dealer to purchase the concealable firearm.|
|548-69||Dec 31||CIRCUIT CLERKS.||The circuit clerk of a second class county must keep safe and have readily available for payment $25,000 deposited in court by the parties pending the outcome of litigation. The clerk, in keeping these funds safe, can deposit such funds in a demand deposit or a time deposit, so long as the money is readily available for payment. This can be done on the clerk’s own initiative or upon consent of both parties by written agreement. The clerk can also invest in other interest-bearing accounts when done pursuant to court order. The clerk can only pay the funds and the interest earned from investment of the funds as directed by the court. The clerk must also adhere to the requirements of Section 483.312, RSMo 1959.|
|552-69||Dec 23||COUNTY CLERKS. |
DEPUTY COUNTY CLERKS.
|Because of the absence of constitutional or statutory provisions requiring that a deputy county clerk be a resident of the county in which he or she serves, it is permissible for such person to reside in another county in this state. |
|583-69||Dec 22|| ||Opinion letter to the Honorable William Y. McCaskill|
SECRETARY OF STATE.
|(1) The signers of a given sheet of a referendum petition are not required to reside in the same congressional district and a signature on a referendum petition would not be invalid because the petition purports to come from a congressional district in which the signer does not reside; (2) a petition that omits the county in which a signer resides or incorrectly states the county in which a signer resides is not invalid and signatures should not be disqualified on that account; (3) the Attorney General or a prosecuting attorney has no authority to act to prevent the filing of petitions that appear to contain forged signatures; the Secretary of State’s function in filing petitions is ministerial and he has no authority to reject signatures that appear forged; (4) those same officials have no authority to ascertain whether or not a copy of the bill to be referred was attached to a referendum petition, and therefore may not act to prevent the filing of a petition on the ground that a copy of the bill allegedly was not attached at the time the petition was circulated; (5) a notary may witness the sworn statement of a circulator when the notary has also signed the sheet of the petition which he notarizes; (6) a notary may notarize petitions in any part of the state in which he has authority to act as a notary, there being no requirement that referendum petitions be notarized in the county in which they are circulated.|
|592-69||Dec 31|| ||Opinion letter to Mr. Hubert Wheeler|