|3-70||Nov 20||CRIMINAL LAW.|
|A regularly employed police officer of a third class city retains the same powers to arrest while off-duty which he possesses while on duty; the liability of a police officer of a third-class city for false arrest and other related torts depends
upon the lawfulness of the arrest; the lawfulness of an arrest made by a police officer from a third class city does not depend upon whether the policeman was on or off duty; and a private citizen may only arrest for those misdemeanors
which involve breaches of the peace, petit larcency committed in his presence, or pursuant to those powers granted him by virtue of Section 537.125, RSMo 1969, and Section 560.415,
|4-70||June 8||COUNTY COLLECTORS.|
|1. County and/or township collectors may charge commissions authorized to them against funds collected for library purposes. 2. The County Library Board is not required to make payments from library funds of the “employer’s
share” of social security tax payments for the benefit of the county or township collectors who have collected library taxes for the reason that such payments do not constitute taxable wages paid by an employer to an employee within
the meaning of the Social Security Act.|
|5-70||Jan 12|| ||Opinion letter to the Honorable William H. Wessel|
|6-70||May 13||CIVIL DEFENSE.||When the citizens of a county are threatened by a disaster, the County Court has the authority to activate the county’s civil defense personnel without requesting authority from the governor; said person so activated have all rights,
duties, and responsibilities granted them under Chapter 44 RSMo Supp. 1967 and by the rules and regulations thereunder.|
|8-70||Jan 13|| ||Opinion letter to the Honorable R. M. Becker|
|11-70||Jan 12||PUBLIC RECORDS.
|The authority of the Director of the State Records Commission under the State Records Law in microfilming records is limited to microfilming records which are to be stored or preserved, and it does not apply to microfilming records used currently
by state agencies.|
|12-70||Mar 6||CITIES, TOWNS AND VILLAGES.
|The City of Brentwood has the authority under Sections 71.680 and 71.690, RSMo, to charge and collect an annual fee for the collection of rubbish, and as a matter of convenience to bill
for the fee on the annual real estate bill, so long as it is not considered and treated as a real estate tax.|
|13-70||Jan 19||COUNTY COURTS.||The Boone County Court has no authority to convey by gift to the Boone County Agricultural and Mechanical Society real property
belonging to the county.|
|14-70||Jan 21|| ||Opinion letter to the Honorable Joseph Jaeger, Jr.|
|15-70|| || ||Withdrawn|
|16-70|| || ||Withdrawn|
|19-70||July 6||DIVISION OF HEALTH. |
|The provisions of the Missouri Dairy Law, Section 196.520 to Section 196.690, RSMo, do not prevent the Missouri Division of Health from exercising authority under the provisions of the Missouri Food, Drug and Cosmetics Act, Sections 196.010
to 196.120, RSMo.|
|20-70|| || ||Withdrawn|
|20A-70||Apr 24||STATE RECORDS ACT.|
|State Records Act does not apply to: (1) Kansas City Police Board, (2) Kansas City Election Board, (3) Kansas City Area Transportation Authority, (4) Kansas - Missouri Air Conservation Commission, (5) “Bi- State Metropolitan Development
District”. State Records Act applies to: (1) Air Conservation Commission, (2) Crippled Children’s Service, (3) Bridge Commissions. |
|21-70||Jan 12|| ||Opinion letter to the Honorable Charles S. Broomfield|
|23-70||Jan 21||COOPERATIVE AGREEMENTS. |
|(1) Clay County can contract with the municipalities of Clay County to extend the taxes for said municipalities. (2) The County Clerk of Clay County has the discretionary authority to decide whether he will enter into a cooperative agreement
with a municipality of Clay County to provide a common service pursuant to cooperative agreement statute; and assuming that the clerk of Clay County decides to enter such a contract, the contract must be taken before the county court of
Clay County for approval. (3) Any consideration paid pursuant to a cooperative agreement contract for the extension of taxes between the county clerk of Clay County and the municipalities of Clay County must be paid into the county treasury.|
|25-70||Jan 22|| ||Opinion letter to Dexter D. Davis|
|26-70|| || ||Withdrawn|
|27-70||Feb 5|| ||Opinion letter to the Honorable Haskell Holman|
|28A-70||Mar 19||TAXATION (CITIES, TOWNS & VILLAGES). |
|The cities of Kansas City and Independence cannot, whether by statute or by city charter, enter into an agreement whereby each would rebate to the other earnings taxes collected from residents of the other city.|
|29-70|| || ||Withdrawn|
|30-70||Sept 14|| ||Opinion letter to the Honorable Robert H. Branom|
|31-70||Mar 10|| ||Opinion letter to the Honorable Haskell Holman|
|32-70||Oct 20||PREVAILING WAGE LAW.
|The term “public works” as used in Section 290.210(7), RSMo 1969, of the prevailing wages law means structural works having a permanent character and usefulness, such as roads, buildings, bridges, and dams. The term “maintenance
work,” Section 290.210(4), RSMo 1969, means the repair or restoration of that portion of an existing facility which has fallen into a state of deterioration or decay to its original condition. “Maintenance work” does
not include “major” repairs or “replacement;” the latter constitute “construction.” “Replacement” entails the complete substitution of an existing facility with a new or different facility.
Installing a central air conditioning unit in a public building constitutes “construction” within the meaning of Section 290.210(1), RSMo 1969, if the building was formerly without such a unit. Substituting a new central air
conditioning unit or furnace in a public building in place of a deteriorated or worn out unit or furnace also constitutes “construction.” However, replacing a worn out part of a central air conditioning unit or furnace in order
to restore the unit or furnace to operational condition constitutes “maintenance work” within the meaning of Section 290.210(4), RSMo 1969. Installing new or different partitions in a public building, either at the location
of former partitions or at a different location, and rearranging present partitions constitutes “construction,” Section 290.210(1), RSMo 1969. However, restoring an existing partition to sound condition by repairing the deteriorated
portion constitutes “maintenance work,” Section 290.210(4), RSMo 1969. Tarring a roof of a public building constitutes “maintenance work,” Section 290.210(4), RSMo 1969, if the roof is in a state of disrepair or
deterioration, otherwise it would be “construction,” Section 290.210(1), RSMo 1969. Putting an entirely new roof on a public building constitutes “construction,” Section 290.210(1), RSMo 1969. Installing new garage
doors on a public building constitutes “construction,” Section 290.210(1), RSMo 1969. Seal coating small cracks in the surface of an asphalt highway constitutes “maintenance work,” Section 290.210(4), RSMo 1969.|
|33-70||Feb 11||COURTS. |
CLERKS OF COURTS.
|An opinion with respect to House Bill No. 35 of the 75th General Assembly (Sections 483.530 and 483.540, V.A.M.S.) relative to numerous questions concerning the fees of clerks of certain
courts of criminal correction, circuit and common pleas courts.|
|34-70|| || ||Withdrawn|
|36-70||Jan 12|| ||Opinion letter to the Honorable John J. Johnson|
|37-70||Apr 30||GENERAL ASSEMBLY. |
|Section 21.150, RSMo Supp. 1967, which allows the members of the minority party of the House of Representatives to employ one stenographer or secretary for each five members of the minority party is not unconstitutional when tested by the
“one man-one vote” principle as articulated by the Supreme Court of the United States.|
|38-70||July 31|| ||Opinion letter to the Honorable Joe D. Holt|
|39-70||Mar 23|| ||Opinion letter to George A. Ulett, M. D.|
|40-70|| || ||Withdrawn|
|41-70||Jan 13|| ||Opinion letter to Mr. Joseph Jaeger|
|42-70||Jan 14||TAXATION (CIGARETTE TAX). |
|House Committee Substitute for Senate Substitute for Senate Bills Nos. 1, 185 and 215 of the 75th General Assembly is not unconstitutional in violation of Article III, Section 23, Missouri Constitution.|
|43-70||Mar 30||ELECTIONS. |
INITIATIVE & REFERENDUM.
|(1) A person who willfully and falsely executes a verification affidavit on a referendum petition may be punished therefore by a fine not exceeding $500 or by imprisonment in the penitentiary not exceeding two years, or by both such fine and
imprisonment. (2) The Secretary of State is not under a statutory duty to forward such information as he might possess regarding the wilful and false execution of a verification affidavit on a referendum petition to appropriate prosecuting
|44-70||Feb 18||CONFLICT OF INTEREST. |
CITIES, TOWNS AND VILLAGES.
|A fourth class city fire chief who sells equipment and services to such city through a company owned in whole or in part by him violates Section 106.300, RSMo 1959, which prohibits city officers from being directly or indirectly interested
in city contracts.|
|45-70||Feb 3|| ||Opinion letter to Mr. J. Warren Head|
|46-70||Sept 30||CONSERVATION COMMISSION. |
|1. In order for information obtained from an alleged violator of conservation rules during "custodial interrogation" to be used against that person to support a conviction, the accused must first be informed of his Fifth Amendment rights in
accordance with the guidelines set forth by the United States Supreme Court in the Miranda case. 2. A conservation agent acting in the performance of his duties will not be guilty
of trespass by reason of his entering the lands of private persons; an agent is "within the performance of his duties" in entering the lands of private persons only if he has reason to suspect violation of fish and game laws. 3. A person
accused of a game violation is not necessarily entitled to a written summons or complaint at that immediate time. 4. A person is not required to produce identification other than the production of a fishing or hunting license to an agent
of the Conservation Commission.|
|50-70|| || ||Withdrawn|
|51-70||Aug 18||TAXATION (INHERITANCE).||In the situation where a life estate is given to A with a vested remainder in B if B survives A but if not a contingent remainder in C, and if the tax rate is the same for B and C, then inheritance tax under Chapter 145, RSMo, should be taxed
as a life estate against A and the remainder against B.|
|52-70||Mar 19||INSURANCE. |
MUTUAL INSURANCE COMPANIES.
|County mutual insurance companies that have elected to accept the provisions of Sections 380.580 to 380.840, RSMo 1959 are subject to the provisions of Sections 379.810 to 379.880 V.A.M.S. and that town mutual insurance companies under 380.280
to 380.470, RSMo 1959, and farmers mutual insurance companies organized or operating under Sections 380.580 to 380.840, RSMo 1959, are not subject to and cannot become subject to Sections 379.810 to 379.880, V.A.M.S.|
|55-70||Mar 24||SCHOOLS. |
|A six-director school district in Missouri is not authorized to pledge net revenues received as tuition from persons attending a vocational school operated by the school district as security for the payment of the principal and interest on
revenue bonds issued by the district pursuant to Section 164.231, RSMo Supp. 1967, as amended, to finance the cost of constructing a dormitory to be used to house persons attending such vocational school.|
|56-70||Feb 4||STATE COLLEGES. |
|There is nothing in the Missouri Constitution or statutes or the United States Constitution prohibiting the placing of student teachers in parochial or private schools as part of the student teaching programs at Northeast Missouri State College.|
|57-70|| || ||Withdrawn|
|58-70||Mar 17|| ||Opinion letter to the Honorable Thomas R. Gilmore|
|Junior colleges organized pursuant to the provisions of Section 178.770 to 178.890, RSMo 1967 Supp., are not subject to the provisions of the Teacher Tenure Act, Sections 168.102 to 168.130 V.A.M.S.|
|62-70|| || ||Withdrawn|
|63-70||Sept 30||ESCHEAT. |
|There are no laws of Missouri requiring escheat of funds held by insurance companies currently doing business.|
|64-70||Mar 2||REVENUE BONDS.
CITIES, TOWNS & VILLAGES.
|The municipality of Oak View has the authority to conduct a bond election for the issuance of revenue bonds to extend and improve a sewerage system. The municipality may impose user charges on those persons connected with the system, and need
not tax vacant land within the city for the support of the sewerage system.|
|65-70||June 11||COUNTY ASSESSORS. |
|For purposes of the Social Security Act: 1. County clerks and county assessors are employees of the counties and township collectors are employees of the townships wherein they were elected to office. They are not "joint employees" of several
political entities. 2. A township collector is an official of the township. 3. Fees derived by a township collector from collecting school taxes do not constitute "wages"; therefore, a township is not responsible for reporting and paying
the employer's share of the Social Security Tax thereon.|
|66-70|| || ||Withdrawn|
|67-70||Apr 3||TAXATION:(EXEMPTIONS)||In a situation where a private individual conveys a, parcel of real estate to the University of Missouri by deed of gift, reserving a life estate in himself which is thereafter leased to the University, the life estate is exempt from taxation
only if put to the exclusive use of the University for school purposes and only if the lease does not provide for other than nominal rent payments to the lessor; if not found to be exempt, only the life estate in the hands of the grantor
is subject to taxation and tax sale.|
|68-70||Jan 9||MOTOR VEHICLE.
|A motor vehicle operator who fails to stop on signal of a member of the State Highway Patrol, or otherwise willfully fails or refuses to obey any reasonable signal or direction given in the direction of traffic has committed a moving violation
and should have two points assessed against his driving record by the Director of Revenue.|
|69-70|| || ||Withdrawn|
|70-70||Jan 19|| ||Opinion letter to the Honorable William S. Brandom|
|1. Pursuant to subparagraph 9 of Section 163.031, V.A.M.S., a school district must spend for teachers’ salaries in the year in which the money is received at least eighty percent of all state school funds received pursuant to Section
163.031 unless exempted from such requirement by the State Board of Education. 2. Pursuant to Section 163.061, RSMo Supp. 1967, a school district must place at least eighty percent of all state school moneys received under Sections 1,
2 and 3 of Section 163.031 in the teachers’ fund and the balance, if any, in the incidental fund. 3. The only restriction placed by subparagraph 9 of Section 163.031 on a school board’s discretion in setting a levy under Section
164.011 is that the district must spend on teachers’ salaries in the current year as much of the revenue produced by local tax levies as was spent for that purpose in the previous year. 4. The State Board of Education is responsible
for the enforcement of subparagraph 9 of Section 163.031.|
|1. A county collector is required to issue a receipt for taxes paid under protest as provided for in Section 139.031, Senate Bill 39, 75th General Assembly, which receipt shall state
that the tax is paid under protest; 2. When a tax is paid under protest as provided in Section 139.031, on or before the due date thereof, no penalties can be assessed or collected even though the time for filing suit for recovery of the
protested tax does not expire until after the end of the calendar year in which the tax was paid.|
|75-70||Jan 12|| ||Opinion letter to the Honorable Phillip H. Snowden|
CITIES, TOWNS & VILLAGES.
|1. House Bill No. 2 invalidates contracts entered into prior to the effective date of said bill which call for the private sale of bonds by a school district in which the interest rate will exceed six percent where such bonds had not been
issued as of the effective date of said bill. 2. A contract entered into prior to the effective date of House Bill No. 2 between a city and a private party calling for the sale of bonds with an interest rate of six percent or less, subject
to an escalation in the event of a rise in the Dow-Jones Bond Index or a similar national bond yield index, is invalid when the effect of the escalation clause would result in the issuance of bonds at private sale with an interest rate
in excess of six percent subsequent to the effective date of House Bill No. 2. 3. "Reasonable notice," as the term is used in House Bill No. 2, constitutes that notice which is reasonably calculated to inform the general public that bonds
with interest rates in excess of six percent are to be offered at public sale.|
|77-70||May 27|| ||Opinion letter to the Honorable Eugene F. Mazzuca|
|1. Senate Bill No. 37, 75th General Assembly, does not apply to sales of 3.2% non-intoxicating beer. 2. Senate Bill No. 37 does not permit persons under the age of twenty-one years
working in drug stores or grocery stores of the type mentioned therein to stock shelves, arrange displays, provide carry out service, or perform other tasks necessary to the exposure of intoxicating liquor for sale as such activities involve
the sale or assisting in the sale or dispensing of intoxicating liquor but authorizes persons eighteen or over to accept payment for intoxicating liquor.|
|The sheriff of the county in which an untried indictment or information is pending against a prisoner has the duty to transport the prisoner and is to be compensated pursuant to the provisions of Section 57.290, RSMo 1969. Because of the enactment
of Section 222.120, RSMo 1969, Attorney General Opinion No. 15, issued to the Honorable James D. Carter, March 23, 1956, is hereby withdrawn.|
|80-70||Aug 7||CRIMINAL PROCEDURE.
|Section 56.310, RSMo 1969, which provides that a prosecuting attorney is entitled to receive ten percent of all sums collected if not more than five hundred dollars and five percent of all sums over five hundred dollars, to be paid out of
the amount collected, on recognizances given to the state in criminal cases and which are or may become forfeited, applies to bail bonds as well as recognizances.|
|A school district is authorized to allow the use of school premises by church or religious organizations for religious purposes during times when the use for school purposes is not required provided that a fair and adequate consideration is
received for such use.|
|83-70||Jan 15||POLITICAL COMMITTEES.
|The county chairman and vice-chairman of counties containing territory in more than one congressional district are not by virtue of holding such offices members of a congressional committee. It is the further opinion of this office that the
township and ward committeemen and committeewomen of townships and wards which contain territory in more than one congressional district are, by virtue of such offices, members of the congressional district committee of each district which
contains any part of such a ward or township.|
|84-70||Mar 6|| ||Opinion letter to the Honorable Donald L. Manford|
|85-70||Feb 16||CONSTITUTIONAL LAW.
|(1) Senate Substitute for House Joint Resolution No. 4 was passed in the form such resolution was signed by the presiding officer of each House and filed with the Secretary of State; (2) the General Assembly may reconsider and redraft a resolution
already passed by the General Assembly and referred to the people before the election is held.|
|86-70|| || ||Withdrawn|
|87-70|| || ||Withdrawn|
|88-70||Jan 19||CIRCUIT CLERKS.
COMPENSATION AND FEES.
RECORDER OF DEEDS.
|With respect to House Bill No. 119 of the 75th General Assembly. (Section 50.334, V.A.M.S.), circuit clerks coming within the total compensation provisions of said bill are no longer
authorized to retain the ten cents out of each bar enrollment fee allowed under Supreme Court Rule 6.04, and that circuit clerks-recorders and recorders covered by such section are not entitled to charge the fees provided for transcribing
books or records belonging to the office of the recorder of deeds under Section 59.600, RSMo 1959.|
|If a junior college district includes parts of more than one county and the State Tax Commission increases by more than ten percent the assessed valuation of only one county in the district, the district must revise its tax rate pursuant to
the requirements of Section 137.073, RSMo 1959. Such a junior college district should revise its rate of levy to the extent necessary to produce from all taxable property in the district substantially the same amount of taxes as had been
previously estimated to be produced by the original tax rate.|
|90-70||Jan 12||TAXATION.||An endorsement written on the back of a check presented in payment of tangible property taxes expressly stating that payment is being made under protest and citing an appropriate statute which clearly sets forth the grounds for protest, is
a sufficient payment under protest to require impounding of the taxes so protested under Senate Bill No. 39, 75th General Assembly.|
|92-70||Feb 11||CITIES, TOWNS,
|There is no constitutional or statutory provision disqualifying a person from running for the position of Alderman of the City of St. Louis because he is employed as an assistant principal in the School District of the City of St. Louis.|
|93-70||Feb 20||PROSECUTING ATTORNEY.||Prosecuting attorney of second class county has authority and duty to appear on behalf of county officers, employees and board members who are sued in an action testing county's authority.|
|94-70|| || ||Withdrawn|
|95-70||Jan 9||MOTOR VEHICLES.
MOTOR VEHICLE LICENSES.
|The Director of Revenue, as a result of the enactment of Senate Bill No. 242 by the 75th General Assembly amending Section 301.137, RSMo, cannot issue a special series of license plates
for persons who have amateur radio operators’ licenses.|
|96-70||Feb 2||CONSTITUTIONAL LAW.
|1. A legislator, removed from his position as a result of an ouster suit wherein he is declared to have lacked the qualifications required for election, is a de facto officer when he holds office by some color of right or title. 2. It is well
established in Missouri jurisprudence that the acts of a de facto officer are valid and effectual when they concern the rights of the public, until the officer's title is judged insufficient. Therefore, those measures that were approved
by a bare constitutional majority with the ousted legislator a member of the majority, in the last session of the General Assembly, are valid.|
|97-70||Feb 10||TAXATION.||It is mandatory for a taxpayer to file suit to compel refund of taxes paid under protest in accordance with the provisions of Sections 1, 2 and 3 of Senate Bill No. 39, 75th General
Assembly, (Section 139.031, V.A.M.S.) and the county court is not empowered to take administrative action authorizing the collector to refund such taxes. Section 4 of Senate Bill No. 39 authorizes refund by the collector of any real or
tangible personal property tax mistakenly or erroneously paid.|
|99-70||Jan 16|| ||Opinion letter to the Honorable Joseph P. Teasdale|
|100-70||Mar 30||INSURANCE.||A life insurance company is in violation of Section 375.936, House Bill No. 84, Seventy-fifth General Assembly, if it issues a policy which excludes benefits payable to chiropractors.|
|101-70||Apr 2|| ||Opinion letter to the Honorable John E. Parrish|
|102-70 ||Jan 30||SCHOOLS.||Subject to restrictions set forth in Section 177.101, RSMo Supp. 1967, the Doniphan R-I School District may enter into an agreement with the State Inter-Agency Council for Outdoor Recreation
for a grant-in-aid from the Federal Land and Water Conservation Fund to assist the school district in the purchase of a school-community park. |
|103-70||Jan 22|| ||Opinion letter to Dexter D. Davis|
|104-70|| || ||Withdrawn|
|106-70||Feb 24|| ||Opinion letter to the Honorable Ralph W. Gilchrist|
|107-70||Jan 9||USURY.||Loans governed by Missouri usury statutes may not exceed eight per cent interest, even though FHA and VA permit maximum rate of eight and one-half per cent.|
|The provisions of Senate Bill No. 165 of the 75th General Assembly (Sections 57.407 and 57.409, V.A.M.S.) providing that sheriffs of the third and fourth class counties must pay all
fees collected by him in civil matters and which were previously retainable by him into the county treasury apply to commissions earned and received by said sheriffs pursuant to the provisions of Section 57.280 and Section 528.610, RSMo
1959, relating respectively to receiving and paying moneys on executions and to sale of real estate for partition purposes, and such commissions must be paid into the county treasury by such officers.|
|Under the provisions of Section 1 of House Bill No. 264 of the 75th General Assembly (Section 57.295, V.A.M.S.) relating to uniform allowances of $25 per month for sheriffs and full-time
deputy sheriffs who wear an official uniform in the performance of their duties, the county court has the discretion to determine whether or not such allowances shall be made to such officers and may make such allowances for such periods
as the county court deems proper. However, the county court does not have the authority to vary the amount of the monthly allowances from that fixed by the act, nor to provide the allowance for one such officer to the exclusion of the
other such officers.|
|110-70||Jan 12||STATE TREASURER.
DIRECTOR OF REVENUE.
TAXATION (SALES TAX).
|The legislature may not impose the duties set forth in the City Sales Tax Act upon the State Treasurer, but that the portion of the act imposing these duties can be severed from the balance of the act.|
|112-70||Mar 9||COUNTY ASSESSOR.||A person holding the office of county assessor when payments are due under Section 53.143 Mo. Supp. 1967 is entitled to such payments.|
|113-70||June 15||COUNTY COLLECTOR.
|1. A county collector of a third class county in his discretion may deposit tax money paid under protest and impounded pursuant to Senate Bill No. 39, 75th General Assembly, in interest-bearing
time deposit accounts. 2. The interest earned on deposits of taxes paid under protest shall be paid to the person who is found to be entitled to the impounded money.|
|114-70||Jan 29||PUBLIC RECORDS.||Records required by law to be kept by public officials in this state, unless otherwise provided by law, are subject to inspection by any citizen of Missouri under reasonable rules and conditions imposed by the legal custodian of such records
and whether the conditions or regulations imposed are reasonable depends upon the conditions and rules imposed in each individual case.|
|115-70|| || ||Withdrawn|
|116-70||Feb 16||DRAINAGE DISTRICTS.||Drainage districts organized by the county court may construct new ditches.|
|118-70||Feb 25|| ||Opinion letter to the Honorable Lawrence J. Lee|
|119-70||Mar 18||CITIES, TOWNS AND VILLAGES.
|A simple majority vote constitutes authorization for a 20 cents tax levy for park purposes in a fourth class city, under 30,000 population, under the provisions of Section 90.500, RSMo Supp. 1967, assuming, of course, that the 20 cents tax
levy when combined with the general municipal tax levy does not exceed the constitutional limit of $1 required by Article X, Section 11(b), Constitution of Missouri.|
|120-70||Feb 17|| ||Opinion letter to L. M. Garner, M.D.|
|(1) When real estate belonging to the county and township school funds is liquidated pursuant to Article IX, Section 7 of the Constitution the oil, gas and mineral rights in such real estate must also be liquidated and may not be reserved
to the county. (2) The proceeds derived from the sale of such real estate together with those derived from the sale of the oil, gas and mineral rights shall be credited to the county school fund.|
|123-70||Mar 23|| ||Opinion letter to Mr. Oscar J. Chapman|
|124-70||Mar 4|| ||Opinion letter to the Honorable Joe D. Holt|
|125-70||Mar 10|| ||Opinion letter to the Honorable F. L. Brenton|
|Where the assessment of property in a school district is reduced by the State Tax Commission to a point where the district's levy is not sufficient to qualify it for the additional state aid for tax effort provided in Section 163.031(1), V.A.M.S.
Senate Bill Nos. 1, 185 and 215, Seventy-fifth General Assembly, and the district does not increase its tax rate before the year ends, the district can do nothing thereafter to qualify for the additional state aid for tax effort provided
in Section 163.031(1).|
|129-70||May 7|| ||Opinion letter to the Honorable George J. Pruneau|
|132-70||Feb 3|| ||Opinion letter to the Honorable George W. Parker|
|133-70||Mar 6||PROFESSIONAL CORPORATION.
|The General Business and Corporation Law of Missouri, which permits corporations to be organized for any lawful purpose, does not authorize the organization of a corporation to engage in the practice of chiropody-podiatry where a statute regulating
such practice contemplates only the licensing of individuals.|
|134-70||Jan 22|| ||Opinion letter to the Honorable L. Edward Stone, Jr.|
|135-70||Apr 2|| ||Opinion letter to the Honorable Noel Cox|
COMPENSATION AND FEES.
|With respect to Paragraph 3 of Section 57.407 and Paragraph 3 of Section 57.409, V.A.M.S. (Senate Bill No. 165, 75th General Assembly), which require that the sheriffs of third and
fourth class counties pay fees collected by them in civil matters into the county treasury, except the charges for each mile traveled, that such sheriffs are not to collect charges for services where such charges are payable out of the
|138-70||Mar 18||TAXATION (SALES AND USE).
|The trade-in allowance in Section 144.025, RSMo Supp. 1967, does not apply to any article, including an automobile, on which a sales or use tax has not been paid to Missouri. Therefore, sales tax is due on the full purchase price of a new
automobile purchased in Missouri when an automobile registered, purchased and driven for 90 days in good faith in another state is used as a trade-in.|
|140-70||Jan 28|| ||Opinion letter to the Honorable James C. Kirkpatrick|
|141-70||May 7||JUVENILE OFFICERS.
|Prosecuting attorneys and sheriffs or other law enforcement officers occupy positions that are incompatible with and in conflict with the position of the juvenile officer under the Juvenile Act, and therefore, such officers may not serve as
juvenile officers or deputy juvenile officers.|
|142-70||Mar 18|| ||Opinion letter to the Honorable James L. Paul|
|143-70||Apr 1||MOTOR VEHICLES.
|When the Director of Revenue receives notice of forfeiture of collateral under Section 302.302, RSMo Supp. 1967, he must assess the appropriate points. If notice is received that the forfeiture has been set aside or vacated, the assessment
of points based on that forfeiture of collateral is a nullity and all records should be adjusted accordingly. If after setting aside the forfeiture of collateral there is a conviction of the offense, the Director must, upon receipt of
notice of such conviction, assess points and take whatever additional action that is called for by the assessment of such points.|
|144-70||Mar 6|| ||Opinion letter to the Honorable Leon M. Jordan|
|145-70||Mar 20||CIRCUIT CLERKS.||The Clerk of the Circuit Court of the City of St. Louis does not have discretionary authority to invest funds deposited in the registry of the court in United States Treasury Notes under Section 483.310, RSMo 1959.|
|146-70||Jan 22 ||ELECTIONS.|
|The General Assembly may, in its discretion, set a special election date for a vote on a measure which has been referred to a vote of the people by a proper referendum petition. |
|147-70||Feb 3|| ||Opinion letter to the Honorable James Russell|
|148-70||Oct 5||POLITICAL SUBDIVISIONS.
SAVINGS AND LOAN.
CITIES, TOWNS AND VILLAGES.
|Section 369.325, RSMo 1969, does not violate Article VI, Section 23 of the Missouri Constitution of 1945, and that any municipality or political subdivision of the State of Missouri may legally invest its funds in a savings and loan association
pursuant to those conditions set out in paragraph 1 of Section 369.325, RSMo 1969.|
|1. The superintendent's contract was automatically renewed for the 1969-1970 school year pursuant to Section 168.111, RSMo 1967 Supp. 2. The resolution of the school board in April 1969 to extend the superintendent's contract for the 1970-1971
school year did not result in a valid employment contract for the school year 1970-1971. 3. The School Board may refuse to renew the superintendent's contract for the school year 1970-1971 in the manner provided by Section 168.111, RSMo
1967 Supp. 4. The extent to which the school board can direct control and specify the duties of the superintendent depends on the terms of the superintendent's contract and on the provisions of Section 168.121, RSMo 1967 Supp. pertaining
to the construction of such contracts.|
|150-70||Oct 2|| ||Opinion letter to the Honorable George M. Cook|
|152-70||July 10||ROADS AND BRIDGES.||A county which acquires a road less than 30 feet wide by prescription pursuant to Section 228.190, RSMo Supp. 1967, cannot take private land from adjoining landowners in order to widen said road without instituting proceedings in the Circuit
|A new political party which received more than two percent of the vote cast in the last general election (November 5, 1968) for its statewide candidate is an "established political party" and entitled to participate in the August 1970 primary
elections in the state and its political subdivisions.|
|155-70||Mar 20||COUNTY TREASURER AND
|It is the duty of the county treasurer, ex officio collector, in a county of township organization to collect delinquent personal property taxes under Section 140.730, RSMo 1959.|
|157-70||Feb 9|| ||Opinion letter to the Honorable James A. Noland, Jr.|
|158-70||Mar 27|| ||Opinion letter to Ms. Jean Casey|
|160-70|| || ||Withdrawn|
|1. The county clerk or board of election commissioners shall designate the polling places which will be used for all elections, including school elections, taking place on April 7, 1970. 2. The school board has no power to require that only
one of the polling places in the school district designated pursuant to requirements of Section 111.111 will be used for voting on school issues. 3. The county clerk or board of election commissioners shall designate the judges and clerks
in each polling place. 4. The judges and clerks designated by the county clerk or board of election commissioners pursuant to paragraph 2 of Section 111.111 shall conduct the election of April 7, 1970 for all subdivisions involved. 5.
The school district has no power to designate polling places in the rural areas of the school districts in addition to those designated pursuant to paragraph 1 of Section 111.111.|
|162-70||Feb 9|| ||Opinion letter to Mr. Gene Sally|
|163-70||Mar 18||TAXATION (CITIES, TOWNS & VILLAGES).
|The sales tax returns made to the state director of revenue for city sales taxes are confidential and not open to public inspection.|
|164-70||Mar 17|| ||Opinion letter to the Honorable William C. Phelps|
|167-70||Mar 25|| ||Opinion letter to the Honorable David N. Lawson|
|168-70|| || ||Withdrawn|
|169-70||Oct 1||RETIREMENT SYSTEM.
STATE EMPLOYEES RETIREMENT SYSTEM.
|The Missouri State Employees' Retirement System is not compelled to comply with the provisions of a power of attorney executed by one of its members to a credit union or any other lending institution for the purpose of securing a loan made
by said member and should not accept the tender of the instrument by a member or the lending institution.|
|170-70||Nov 18|| ||Opinion letter to Mr. Jackson A. Wright|
|It is the opinion of this office that all township and ward committeemen and committeewomen in Perry and Ste. Genevieve Counties
are members of the legislative district committee of the 154th legislative district. Such party legislative district committees have authority to make nominations of candidates
to run under a party designation at a special election to fill a vacancy in the office of representative from such district caused by the death of the incumbent. Nominations of candidates at such election may also be made by nominating
petitions of electors.|
|172-70||Sept 15 ||SHERIFFS.|
FEES, COMPENSATION AND SALARIES.
|A sheriff’s fees computed in accordance with Section 57.290, RSMo 1969, incurred when he apprehends a person, charged with the criminal offense of breaking jail after conviction, and transports that person from the county of his apprehension
to that in which the offense was committed, even though such offense be for breaking jail after conviction, are properly included in those costs which may be taxed against the State pursuant to the provisions of Section 550.020, RSMo 1969. |
|Section 375.380, RSMo 1969, making it unlawful for insurance companies to pay dividends except from surplus profits arising from the business, prohibits the payment of dividends by such companies where there is no earned surplus or undistributed
|174-70||Mar 24|| ||Opinion letter to the Honorable James L. Paul|
|176-70||Mar 6|| ||Opinion letter to Mr. James J. Butler|
|177-70||Oct 27||STATE EMPLOYEES.
|A state employee is entitled to elect to receive accrued sick leave pay due him under proper regulations during a period of absence from work for which the employee is otherwise eligible for Workmen's Compensation (Section 287.100, RSMo).
For the period such sick leave pay is received, Workmen's Compensation is not due the employee but is due thereafter to the extent that the period of entitlement to Workmen's Compensation exceeds the period for which sick leave pay has
been received by the employee. Sick leave pay of a state employee is not to be deducted from Workmen's Compensation due after such sick leave period. If the regulations pertaining to the employee provide that sick leave is not granted
for a period of absence attributable to an injury covered by the Workmen's Compensation Law, the employee has no right to elect to receive accrued sick leave pay for such a period of absence. A state employee entitled to elect to receive
accrued sick leave during a period of absence in preference to Workmen's Compensation is entitled to receive the medical benefits provided for by Section 287.140, RSMo, during such period.|
|178-70||Feb 16|| ||Opinion letter to the Honorable Donald J. Gralike|
|179-70||Mar 27|| ||Opinion letter to the Honorable Donald L. Gann|
|181-70|| || ||Withdrawn|
|184-70||Mar 27|| ||Opinion letter to the Honorable Hal E. Hunter, Jr.|
|186-70||Mar 6|| ||Opinion letter to Mr. Harry Wiggins|
|187-70|| || ||Withdrawn|
|188-70||July 28||TAXATION (CITY SALES TAX).
CITY SALES TAX.
|If a sale is made by a retail merchant whose place of business is within the city limits of a city having a city sales tax, and the purchaser takes possession within the State of Missouri, then the city sales tax applies. The manner by which
an order is received by a seller is irrelevant for the purposes of the city sales tax, so long as the goods are delivered within the State of Missouri. The sale is deemed to be consummated at the place of business of the seller, and this
place of business is the tax situs irrespective of the method of delivery.|
|189-70||Apr 7||CITIES, TOWNS & VILLAGES. |
PLANNING & ZONING.
|An interim or temporary ordinance enacted by a fourth class city providing that all territory annexed to the city shall be automatically classified in the single family dwelling district until otherwise classified by ordinance, is a valid
exercise of police power.|
|190-70||Mar 19||CITIES, TOWNS & VILLAGES. |
|The state auditor should not make an audit of a city in which a petition has been presented to him under the provisions of Section 29.230, RSMo Supp. 1967, such petition purportedly containing enough signatures to authorize him to make an
audit of such city, when he also receives sworn statements from individuals who allegedly signed the original petition stating under oath that they did not sign such petition, such withdrawn signatures being of sufficient number to reduce
the signatures below the number necessary to authorize the state auditor to make such audit.|
|192-70||Apr 3||ELECTIONS.||1. A county clerk, pursuant to Section 111.111, Senate Bill No. 134, 75th General Assembly, need not designate a polling place in each ward of a 4th class city but must designate a polling place in each precinct or election district in a 4th class city. 2. If a precinct or election district includes part of a school district
lying within a city and part outside of the city, a county clerk may designate one polling place in the city within the precinct or election district. 3. The location of a polling place within a precinct or election district is within
the discretion of the county clerk. 4. A county clerk pursuant to Section 111.111 is not required to establish a polling place in Ward 1 or Ward 2 of Forsyth but is required to
designate a polling place in each precinct or election district in Forsyth. Whether it is necessary to establish another polling place for people living outside of Forsyth but in the Forsyth school district depends on whether these people live in the same precincts and election districts located in Forsyth.|
|194-70||May 19||WORKMEN'S COMPENSATION.||No clerical employee of the Division of Workmen's Compensation can be paid more than four hundred fifty dollars ($450.00) per month. There can be no class of employees in the Division of Workmen's Compensation with any salary rate between
four hundred fifty dollars ($450.00) and eight hundred dollars ($800.00) per month.|
|1. In the election on April 7, 1970,the school board of a six director school district located in Jackson County, Missouri must conduct its election at the polling places which the Jackson County Board of Election Commissioners designate,
pursuant to paragraph 1 of Section 111.111 V.A.M.S. (1969-70 Supp.), for voting on school issues. 2. A six director school district located in Jackson County, Missouri must conduct its election at each and every polling place designated
by the Jackson County Board of Election Commissioners, pursuant to Section 111.111 V.A.M.S. (1969-70 Supp.), for voting on school issues.|
|196-70||Mar 6||DEPARTMENT OF PUBLIC HEALTH AND WELFARE.
DIVISION OF WELFARE.
|The Division of Welfare has the authority to enter into agreements with Model City agencies to provide various types of services for low-income residents, and that the recipients of such services may include such persons who have been or who
are likely to become applicants for or recipients of such aid as well as those presently receiving welfare assistance.|
|1. A vacancy in the office of township trustee being also a vacancy in the board of directors of the township, is to be filled by the county court. Both the township clerk and the county clerk have authority to administer the oath of office
to the newly appointed township trustee. 2. A vacancy in the office of township assessor is to be filled by action of the township board. The oath of office of such assessor may be administered by any officer having authority to administer
oaths, other than the township clerk who is ex officio the township assessor.|
|County registration under Chapter 114, RSMo, does apply to and should be used in a statewide special election even though other political subdivisions are holding elections at the same time thereby making the provisions of Section 111.111,
Senate Bill No. 134, 75th General Assembly, applicable. However, Section 162.361, Senate Bill No. 136, 75th General Assembly,
determines the extent to which county registration is applicable to school elections held in a third class county when the school elections are conducted jointly with a statewide special election pursuant to Section 111.111.|
|1. The county clerk is not required by Section 111.111, Senate Bill No. 134 of the 75th General Assembly, V.A.M.S. (1969-70 Supp.) to designate one polling place in each of the two
wards in Crane, Missouri. The residents of the City of Crane who reside in the Crane School District will vote on all propositions on which they are entitled to vote on April 7, 1970, including school issues, at the polling place or places
designated by the county clerk pursuant to Section 111.111. 2. Pursuant to paragraph 2 of Section 111.111, the county clerk designates the election judges and election clerks to conduct the election on April 7, 1970, at each polling place
designated by the clerk pursuant to paragraph 1 of Section 111.111. The reference to the city clerk in Section 79.030, RSMo 1959, does not apply to the election to be held on April 7, 1970. Four election judges and two election clerks,
or under certain circumstances, six judges and four clerks shall be appointed for each precinct pursuant to Sections 111.181 and 111.231, Senate Bill No. 134 of the 75th General
Assembly, V.A.M.S. (1969-70 Supp). 3. There is no authority for the county clerk to furnish ballots for school elections or ballots for city elections in fourth class cities.|
|200-70||Mar 9||USURY.||Direct loans by Veterans Administration are not subject to Missouri usury statutes.|
|1. In accordance with subsection 5 of Section 351.585, RSMo Supp. 1967, a foreign corporation seeking to do business in Missouri can be required to pay a qualification fee to Missouri on the value of all its property to be used in this state
when the authorized par value capital of the corporation is less than the value of its property in this state. 2. Subsection 5 of Section 351.585, RSMo Supp. 1967, does not place a burden on interstate commerce which violates Article I,
Section 8 of the United States Constitution.|
|204-70||Mar 4|| ||Opinion letter to the Honorable James A. Noland, Jr.|
|205-70||Mar 17||HOUSING AUTHORITIES.
CITIES, TOWNS AND VILLAGES.
|Sections 99.010 to 99.230 of the Revised Statutes of Missouri, "The Housing Authorities Law", authorizes cities to determine and declare the need for a housing authority upon a finding that insanitary or unsafe inhabited dwelling accommodations
exist in such city or that there is a shortage of safe or sanitary dwelling accommodations in such city available to persons of low income at rentals they can afford. The cities have no authority to declare a need for a limited housing
authority under the provisions of the Housing Authorities Law.|
|206-70||Mar 19|| ||Opinion letter to the Honorable Joe D. Holt|
|The establishment of an office by a bank and trust company separate and apart from its main banking facility at which its trust officers are available to the public constitutes the establishment of a branch and the establishment of such a
branch is not permitted under Section 362.105.|
|General Assemblies meeting subsequent to the regular session of the Seventy Fifth General Assembly are not required to make any of the appropriations stated in Sections 149.010, 149.020, 149.030, 163.031, 163.036 and 163.161 enacted by the
Seventy Fifth General Assembly and referred to as the School Foundation Law prior to making any appropriations for purposes lower in priority than the support of public schools as listed in Section 36, Article III, Missouri Constitution. The General Assembly must still comply, however, with Section 3(b), Article IX of the Missouri Constitution requiring that at least twenty-five percent of the state revenue be
appropriated annually for the support of the free public schools.|
|210-70||June 2||SCHOOL ELECTIONS.
|1. When school elections are held in conjunction with any general, primary or special election pursuant to the requirements of Section 111.111, Senate Bill No. 134, 75th General Assembly,
the procedure for handling voted ballots, poll-books and tally sheets after the polls have closed is set forth in Sections 111.531, 111.551, 111.561, 111.571, 111.581 and 111.591, V.A.M.S., Senate Bill No. 134, 75th General Assembly. 2. Pursuant to the requirements of Section 162.361, Senate Bill No. 136, 75th General Assembly, all school elections conducted
in school districts containing a city having not less than 10,000 or more than 50,000 inhabitants should be conducted in such city in accordance with the laws regulating the registration of voters within such city. Qualified voters of
such a school district residing outside the corporate limits of the city shall sign an affidavit as to their residency within the school district as required by Section 162.361.|
|The $34,000 in additional school moneys, which the Macon School District R-I estimates it will receive from the state, may not be legally paid by the district to and among all teachers
already under contract with the district for the 1969-1970 school year.|
RULES AND REGULATIONS.
|Pursuant to Section 196.886(1), RSMo 1959, no person, firm, association or corporation shall manufacture and sell ice cream and related frozen food products in containers unless each container shall bear the name of the manufacturer on the
body or lid of such container, and that the Department of Agriculture is not authorized to promulgate a regulation which would allow a code number or other technical symbol to be placed on the container instead of the name of the manufacturer.|
|The Division of Mental Health may employ persons who have education or experience in Divinity and Theology regardless of whether or not they are ordained ministers to act as pastoral counselors under the supervision; of and as required by
licensed physicians and so long as such persons do not espouse a religion or perform sacerdotal functions in their employment there is no violation of the provisions of the Missouri Constitution which prohibit support of any priest, preacher,
minister or teacher as such. Such counselors as employees of the Division of Mental Health and under the Department of Public Health and Welfare are required to be under the classified merit system.|
|215-70 ||Aug 7 ||CITIES, TOWNS & VILLAGES.|
ROADS & BRIDGES.
|A fourth class city which makes street improvements and repairs under Section 88.703, RSMo 1969, can defray, by proper ordinance, out of general revenue the cost of said improvements or repairs which abutts city owned property, and that all other street improvements and repairs under Section 88.703 must be paid for proportionately by the abutting property owners. |
|216-70||July 31|| ||Opinion letter to the Honorable Frank L. Mickelson|
|217-70||May 1||CIRCUIT CLERKS.||Pursuant to the provisions of Section 55.220, RSMo 1959, the circuit clerk in second class counties is required to file with the county auditor a monthly statement showing all moneys and fees received by him by virtue of his office and all
sums paid by him, to whom paid and for what purpose regardless of the source of such funds or of the persons entitled to receive payment.|
|219-70|| || ||Withdrawn|
|220-70|| || ||Withdrawn|
|Sections 57.407 and 57.409, V.A.M.S., S.B. No. 165, 75th General Assembly, require that sheriffs of third and fourth class counties pay all fees collected by them after October 13,
1969, in civil matters into the county treasury regardless of whether such fees were for services by them or their predecessors in office prior to such date.|
|222-70||Sept 28||MERIT SYSTEM.||With respect to establishment of cafeterias and charging for meals to employees in institutions under the merit system that the Personnel Division has no authority to establish charges for such meals but that the appointing authorities do
have the authority to determine whether meals will be furnished to employees and to determine the charge for such meals which is to be, with some exceptions, related to the actual cost of such meals to the state.|
|223-70||Mar 26||CORPORATIONS NOT-FOR-PROFIT.
|Corporations organized under Chapters 352, RSMo (pro-forma decree) and 355, RSMo (general not-for-profit) can not interpose defense of usury, nor can they sue for and recover allegedly usurious interest under Section 408.050, RSMo 1959.|
|A six-director school district may accept money donated to the district by a dealer in bonds for the purpose of defraying the cost of an election on the question of whether the district should incur bonded debt.|
|226-70||July 1||RECORDER OF DEEDS.
|The term "any instrument conveying real property or any interest therein" as used in Senate Bill No. 22, 75th General Assembly, refers to any instrument or document that passes from
one party to another any legal or equitable interest in real property, whether such instrument or document be a Deed, Will or other instrument, and that such language is broad enough to cover those forms and orders of the Probate Court
such as Orders of Distribution and Orders Approving Wills and Orders of the Circuit Court which do in fact convey or pass any interest in real estate.|
|229-70|| || ||Withdrawn|
|230-70||Sept 15||MOTOR VEHICLES.
|1. A person operating construction equipment (not a road machine or an implement of husbandry) on a public highway is required to have a license as an operator under Chapter 302, RSMo 1969, but is not required to have a chauffeur's license.
2. A person must be sixteen years of age before he can be licensed under Chapter 302 as an operator of such construction equipment on the public highways.|
|231-70||Mar 17|| ||Opinion letter to the Honorable William J. Esely|
|A county of the third class in which there is more than one qualified newspaper is not required to award the printing of the county financial statement on competitive bids.|
|233-70||July 1||PUBLIC FUNDS.
DEPUTY MAGISTRATE CLERK.
|A deputy magistrate clerk of a third class county who loses public funds in his possession is primarily liable for the loss. In the event of his default in payment his surety is liable for said loss. Liability for the loss of the public funds
also lies with the magistrate clerk and his surety.|
|234-70||Mar 23|| ||Opinion letter to the Honorable Charles S. Broomfield|
|236-70 ||May 1||PUBLIC WATER SUPPLY DISTRICTS.|
|Public water supply districts formed under the provisions of Section 247.010 to 247.220, RSMo, are not subject to the payment of property taxes.|
|237-70||Apr 3 ||ELECTIONS.|
|Committeemen and committee-women of both political parties are not qualified to serve as election judges and clerks under the terms of Section 111.171, V.A.M.S., 1969-70 Cum. Supp. |
|238-70 ||Apr 7 ||CONSTITUTIONAL LAW.|
|1. It is within the police power for the state to enact zoning laws restricting the use of property when reasonably necessary for the promotion of public health, safety, morals and general welfare. 2. That if such law is necessary for the
promotion of the public health, safety, morals and general welfare, it does not constitute the taking of private property without due process of law in violation of Article 1, Sections 10, 26, 27 and 28 of the Constitution. 3. Whether
the proposed act creating the Missouri Scenic Rivers System is reasonable and necessary for the promotion of the public health, safety, morals and general welfare depends upon the facts and evidence -- which will have to be determined
by a court. |
|239-70|| || ||Withdrawn|
|241-70||Apr 3|| ||Opinion letter to the Honorable Omer H. Avery |
|246-70||Apr 3||ELECTIONS. |
COMMITTEEMEN AND COMMITTEEWOMEN.
|A person may file for election as a Committeeman or Committeewoman and also file an additional declaration of candidacy for another state or county office. |
|249-70||Apr 20|| ||Opinion letter to Mr. G. L. Donahoe |
|251-70||Mar 25|| ||Opinion letter to Mr. Joseph Jaeger, Jr.|
|252-70|| || ||Withdrawn|
|254-70||Oct 6||PLANNING & ZONING. |
COUNTY PLANNING & ZONING.
|The Cass County Planning Commission may not impose regulations or require permits with respect to lands used or to be used for the raising of crops which may include grassland. This
restriction is applicable with respect to land used or to be used for the enumerated purposes and does not extend to land devoted to other uses although owned by the same landowner. The county court may not require permits on the construction
or alteration of farm buildings or farm structures. In determining whether to regulate the construction or alteration of a particular building or structure, the use of the building or residence as a farm building or farm structure must
be determined by examining the relationship of the building to the farming activities.|
|255-70|| || ||Withdrawn|
|256-70||Aug 25|| ||Opinion letter to the Honorable Hugh A. Sprague|
|257-70||June 1||PATHOLOGY. |
PHYSICIANS AND SURGEONS.
|Pathology is a branch of the practice of medicine within the provisions of Chapter 334, RSMo, and a profession under the jurisdiction of the State Board of Registration for the Healing Arts, and that an individual must be licensed by the Board
before he can lawfully practice pathology. The prosecuting and circuit attorneys have the responsibility for criminal prosecutions arising out of violations of said chapter.|
|259-70||May 11|| ||Opinion letter to the Honorable J. Anthony Dill|
ROADS AND BRIDGES.
|County road and bridge funds cannot be transferred to the general revenue fund of the county and then used to pay the salary of the different county officials and employees for any services rendered by them.|
|261-70||May 13|| ||Opinion letter to the Honorable Frank L. Mickelson|
|262-70||Oct 5|| ||Opinion letter to Mr. Howard L. McFadden|
|265-70|| || ||Withdrawn|
|266-70||May 15|| ||Opinion letter to Mr. Harry Wiggins|
|271-70||May 8||MUNICIPAL HOUSING AUTHORITY.
LAND CLEARANCE FOR REDEVELOPMENT AUTHORITY.
|Municipal housing authorities and land clearance for redevelopment authorities are authorized to agree to pay the "going federal rate of interest" on contracts entered into with the federal government for planning advances and contributions.|
|273-70||Apr 23|| ||Opinion letter to the Honorable Joe D. Holt|
|276-70||May 22||CONSTITUTIONAL LAW.
PHYSICIANS & SURGEONS.
|The provision of Section 334.031, RSMo 1959 which requires that candidates for licenses as physicians and surgeons in the State of Missouri shall be citizens of the United States is unconstitutional.|
|277-70||Apr 16|| ||Opinion letter to the Honorable James S. Stubbs|
|278-70||Apr 27|| ||Opinion letter to Mr. Joseph Jaeger, Jr.|
|In computing interest with respect to time deposits of state moneys, the State Treasurer should apply with respect to deposits held by the bank for any calendar quarter or portion of a calendar quarter, the formula rate which is applicable
for the quarter in which those deposits are held. The applicable formula rate is the rate computed as set forth in the statute which is compiled from data available in the quarter prior to the quarter in which the deposits are held and
which formula rate is computed within the quarter in which the deposits are held. If the maximum rate permitted by federal law is less than the formula rate then that figure must necessarily be used.|
|280-70 ||May 6 || ||Opinion letter to Mr. Joseph Jaeger, Jr. |
|281-70|| || ||Withdrawn|
|282-70||July 1||PRIVATE WATCHMEN.
ST. LOUIS CITY.
|Employees of Brink's, Inc. who act as armed guards within the City of St. Louis, must be licensed by the Board of Police Commissioners of the City of St. Louis.|
|286-70||July 10||SCHOOLS.||The board of education of a school district (except a metropolitan school district which is not included in this opinion) may not enter into a written contract providing for the placing of advertising posters on the interior of school buses.|
|287-70||May 7|| ||Opinion letter to the Honorable John C. Vaughn|
|288-70||Apr 29||SOCIAL SECURITY.
|1. The county is liable for payment of the tax on wages paid by the county to its Collector, his deputy and clerical employees, without limitation except as contained in the Social Security Act. Payment by the Collector of wages to deputy
and clerical personnel from the amount the Collector is authorized to retain for deputy and clerical hire under Section 52.280, House Bill No. 399, 75th General Assembly, is payment
by the county insofar as social security is concerned. 2. The county is liable for payment of tax on wages paid by the county to clerical and stenographic assistants of a third class county assessor.|
|291-70||Apr 10|| ||Opinion letter to the Honorable William Y. McCaskill|
CITIES, TOWNS AND VILLAGES.
|If the City of Kirksville schedules an election on the same date as a state-wide primary election, the provisions of Section 111.111, RSMo 1969 are automatically applicable. Furthermore,
the Adair County Court has no power or authority to prevent the City from scheduling an election on the same day as a statewide primary election.|
|293-70||June 1||CONSTITUTIONAL LAW.
|The term “public education” as used in Article III, Section 36 of the Missouri Constitution includes within its meaning and refers to appropriations for state colleges,
universities, public schools and junior college districts.|
|294-70||July 17|| ||Opinion letter to the Honorable E. J. Cantrell|
CITIES, TOWNS, AND VILLAGES.
TAXATION (CITIES TOWNS AND VILLAGES).
|The county court of Clay County and a municipality of said county may enter into a contract, under the cooperative agreement statute (Section 70.220, RSMo 1969) whereby the municipality may use the county computer and the tax information stored
thereon, for the purpose of mechanically producing a tax statement for each individual taxpayer.|
|297-70|| || ||Withdrawn|
|298-70||Oct 1||MOTOR VEHICLES.
MOTOR VEHICLE LICENSES.
|A resident of Missouri who is a partner of a Kansas firm that is a registered motor vehicle dealer in Kansas may operate a motor vehicle owned by the Kansas firm in Missouri using only the Kansas dealership license plates.|
CITIES, TOWNS AND VILLAGES.
|There is no procedure which would authorize setting aside a school levy election because of a shortage of ballots.|
COMMITTEEMEN AND COMMITTEEWOMEN.
|Section 111.171, RSMo 1969, prohibits committeemen and committeewomen from serving as election judges and clerks (1) in any election conducted by a county clerk or a board of election commissioners or (2) in any election in which a countywide proposition is on the ballot or (3) in any election in which candidates for county office are on the ballot.|
|Section 163.081, RSMo 1967 Supp., expresses the intent of the legislature to make three distributions of moneys out of the State Public School Fund and that, under the circumstances set forth in your opinion request, it would not be in substantial
compliance with this intent to make a supplementary distribution of state school moneys after the March 15th distribution but before the September 15th distribution.|
|A sheriff appointed trustee to execute a deed of trust pursuant to Section 433.340, RSMo 1959, acts in his official capacity and must pay all fees and compensation collected by reason thereof into the county treasury in counties of the third
and fourth class under the provisions of Paragraph 3 of Section 57.407 and Paragraph 3 of Section 57.409, both as amended by House Bill No. 165 of the 75th General Assembly. When
a deed of trust provides that in the event the named trustee shall refuse or fail to act, the then sheriff of the county shall execute the trust, the sheriff is not acting officially but in his private capacity, and such compensation as
he receives for the services is not required to be paid into the county treasury.|
|Section 111.241, RSMo 1969, applicable to certain election judges and clerks, does not limit the compensation for such judges and clerks to $12.00 per day, but provides that the compensation shall be at least $12.00 per day.|
|307-70||June 25||TAXATION (EXEMPTIONS).||Under Article X, Section 6 of the Constitution and Section 137.100, RSMo Supp. 1967, a building in the course of construction intended to be used for charitable purposes but not so used at the time fixed for assessment of taxes is not exempt
|308-70|| || ||Withdrawn|
|311-70||Sept 25||TAXATION (INTANGIBLE).||1. Time charges in excess of the cash sale price under a retail charge agreement or a retail time contract, which establishes a time sale price as defined in Section 408.250, RSMo 1969, do not constitute "yield" within the meaning of the Intangible
Personal Property Tax Law. 2. The full time sale price under a retail charge agreement or a retail time contract, including the cash sale price and the time charge as defined in Section 408.250, RSMo 1969, is subject to the Missouri sales
tax provided in Chapter 144, RSMo 1969.|
|All functions which a school district is authorized to perform are "governmental" functions and the school district is not liable for its negligence while performing those functions. Therefore, a school district may not expend public funds
to purchase liability insurance to protect itself from liability resulting from authorized functions of the district such as allowing its swimming pool and auditorium to be used by non-profit organizations, repairing automobiles through
a district's Vocational Technical School, and licensing concessionaires at athletic events.|
|313-70||June 3||AIR POLLUTION.
|The Missouri Air Conservation Commission has the authority to grant variances from the provisions of Regulation X, Section B, Paragraph 1, of the “Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan
|314-70|| || ||Withdrawn|
|315-70||June 12|| ||Opinion letter to the Honorable James L. Paul|
|316-70||May 15|| ||Opinion letter to the Honorable Kenneth J. Rothman|
|317-70|| || ||Withdrawn|
|318-70||Dec 1|| ||Opinion letter to the Honorable Clarence W. Hawk|
|320-70||Aug 21||ROADS AND BRIDGES.
SPECIAL ROAD DISTRICTS.
|(1) County Aid Road Trust Funds derived from motor fuel taxes may be expended by a county court on roads located in a special road district. (2) Such funds may not be expended by the county court on bridges located in a special road district.
(3) A county court cannot be compelled to spend such funds in a special road district.|
|321-70||Oct 5|| ||Opinion letter to the Honorable Don W. Kennedy|
|322-70||Aug 31||MOTOR VEHICLES.
|A person, resident or nonresident, whose Missouri operator's license has been revoked by reason of accumulation of points as provided by Section 302.304(3), RSMo 1969, cannot legally operate a motor vehicle in the State of Missouri under a
license issued by another state.|
|323-70||July 22||CITY COLLECTOR.
|When the office of city assessor and city collector are both elective offices under the ordinances of a city of the fourth class the duties of the office of city assessor are not repugnant or incompatible with those of the city collector and
one person may hold both offices at the same time.|
|325-70|| || ||Withdrawn|
|326-70||Sept 28||REAL ESTATE BROKER.
REAL ESTATE COMMISSION.
|The offering of free radios or free dinners by a licensed real estate broker in order to induce the public to attend a meeting at which said broker solicits or offers for sale real property in a development within or outside the State of Missouri
constitutes soliciting or offering to sell real property by offering prizes for the purpose of influencing a purchaser or prospective purchaser of real property is in violation of Section 339.100(11), RSMo 1969.|
|327-70||Aug 6||DIVISION OF MENTAL HEALTH.||Persons committed to state mental hospitals pursuant to provisions of Section 552.040, RSMo 1969, relating to the commitment and release procedures of persons acquitted on grounds of mental disease or defect, may be placed on convalescent
status by the heads of such facilities pursuant to the provisions of Section 202.830, RSMo 1969, and the heads of such facilities are not required to apply for a "conditional" release by the court where the committed person was tried.
The courts have no power to restrict or abrogate the authority of the heads of facilities to place such a person on convalescent status under the provisions of Section 202.830 although such heads of facilities cannot grant a final release
under that section but must obtain an order of the court under Section 552.040 to release the committed person unconditionally.|
|328-70|| || ||Withdrawn|
RECORDER OF DEEDS.
|The marriage license form provided in Section 451.080, RSMo 1969, is not mandatory but may be revised in order to accommodate the provisions of Section 451.100, RSMo 1969, which authorizes religious organizations of this state to solemnize
marriages. When a marriage is solemnized by a religious organization and not by a minister or other authorized individual such organization must designate some person to certify that the marriage was performed by the religious body according
to its regulations and customs and that at least one of the parties thereto is a member of such organization.|
|331-70||May 26||CRIMINAL COSTS.
|An information which alleges that the defendant did: "willfully, unlawfully, feloniously and with malice aforethought", but does not contain the phrase "on purpose" is insufficient to charge a violation of Section 559.180 RSMo 1959 and the
State of Missouri is not liable for payment of the costs in such a case.|
|332-70||June 8||SOIL AND WATER COMMISSION.
|When the governing body of a watershed subdistrict levies a tax pursuant to Sections 278.240 and 278.250, RSMo Supp. 1967, and certifies the levy to the county court, the county court and appropriate county officials must levy and collect
|333-70||May 28||METROPOLITAN SEWER DISTRICT.||The Metropolitan St. Louis Sewer District has authority to spend money for planning and surveys outside its boundaries.|
|334-70||July 31||ASSESSMENT OF REAL PROPERTY.
|An assessor cannot assess real property in subsequent years for any prior year in which such real estate was assessed even though the assessor was not aware of the fact that improvements were on such land on January 1 of the prior year when
the land and the improvements were owned by the same person as of January 1 of the prior year.|
|334a-70||Sept 16|| ||Opinion letter to Mr. Jim T. Reid|
|335-70||July 1||FIRE PROTECTION DISTRICTS.||A fire protection district may be formed in a third class county under Chapter 321, RSMo as amended. A fire protection district cannot be formed to encompass an area or territory in more than one county.|
|337-70|| || ||Withdrawn|
|1. That the Governor may not constitutionally veto an appropriation bill for free public schools. 2. That the Governor may not constitutionally veto any portion of an appropriation bill for free public schools. 3. That the Governor may not
reduce any portion of an appropriation for public schools. 4. That the Governor, at his discretion, may constitutionally control by allotment or other means and thereby reduce the expenditure of funds below their appropriations only when
the actual revenues are less than the revenue estimates upon which the appropriations were based. 5. The phrase “not reduce” for free public schools, as found in Article IV, Section 28, Constitution of Missouri, 1945, is a
prohibition against executive reduction of any amount appropriated by the Legislature to free public schools. 6. The phrase “revenue estimates upon which appropriations were based” refers to those amounts as set forth in the
budget submitted to the General Assembly, except in those instances in which the General Assembly has by its appropriation bill, set forth its estimate of revenues for the period during which the appropriation was made, or, if not specifically
stated in the appropriation bills, then the total of the appropriations as passed by the Legislature, would represent the estimated revenue upon which appropriations were based. 7. That the Governor may control the expenditure rates without
being required to reduce all appropriations by a pro rata percentage.|
|340a-70||Mar 28|| ||Opinion letter to the Honorable Christopher S. Bond|
|1. The terms "nonpartisan" and "independent" as applied to candidates for office, are synonymous and when necessary for a ballot to be furnished at a primary election at which independent or nonpartisan candidates are running, such ballot
is a "nonpartisan" ballot. 2. Nonpartisan ballots are not to be furnished at a primary election where there is not more than one candidate for any office on the nonpartisan ticket if such ticket did not receive more than 5% of the vote
for governor at the last preceding election for governor unless 10% of the voters voting at the last preceding election for governor petition for a ballot. 3. War ballots do not contain a nonpartisan column when there is not more than
one candidate for any office on the nonpartisan ticket if such ticket did not receive more than 5% of the vote for governor at the last preceding election for governor unless prior to the printing of the war ballots 10% of the voters voting
at the last preceding election for governor petition for a ballot. 4. An individual who receives a nonpartisan ballot at a primary election cannot receive a party ballot at such primary election.|
|344-70||Oct 28||FOREST CROP LAND.
|Article X, Section 7 of the Constitution of Missouri does not permit the Legislature to grant partial relief from taxation of forest crop land for a period longer than twenty-five years or to extend or renew such classification of forest crop
land beyond a period of twenty-five years.|
|346-70|| || ||Withdrawn|
|348-70||Sept 4||TAXATION (INTANGIBLE). |
|The blind pension fund of the State of Missouri is not entitled to share in the intangible personal property tax collected by the state.|
|349-70||May 27|| ||Opinion letter to the Honorable Richard Southern|
|A public school district which constructs a school building under its own supervision and control without contracting for construction of such building is not required to pay the "prevailing wage" rates determined by the Department of Labor
and Industrial Relations.|
|352-70||June 2|| ||Opinion letter to the Honorable Allen S. Parish|
|353-70||June 26|| ||Opinion letter to Mr. Robert L. Dunkeson|
|354-70|| || ||Withdrawn|
|355-70||Aug 18||MOTOR VEHICLES.
MOTOR VEHICLE LICENSES.
|A member of an automobile dealer's family may legally operate a vehicle with a dealer's license plate only if the vehicle is held for sale by the dealer and the family member is an officer or employee of the dealership. If the family member
is an officer or employee of the dealership, such vehicle may be used not only for business purposes but also for private reasons.|
|356-70|| || ||Withdrawn|
|358-70||Sept 4|| ||Opinion letter to the Honorable George W. Parker|
|359-70|| || ||Withdrawn|
|The 1970 census population figures become effective on July 1, 1971, for the purpose of determining whether or not a license to sell liquor by the drink at retail, other than malt liquor containing alcohol not in excess of five percent, for
consumption on the premises can be issued in, any city having a population of under twenty thousand after the 1970 census. Any license authorizing the sale of intoxicating liquor by the drink at retail for consumption on the premises,
other than malt liquor containing alcohol not in excess of five percent, expiring on June 30, 1971, in such a city cannot be renewed unless a majority of the qualified voters of that city have previously authorized such licenses through
the provisions of the local option laws of the Liquor Control Act, or until they subsequently do so.|
|363-70||May 28|| ||Opinion letter to Mr. Hubert Wheeler|
|Pursuant to the terms of Article X, Section 11(c) of the Missouri Constitution and Section 164.021, RSMo 1967 Supp., a tax rate approved by two-thirds of the qualified electors voting thereon pursuant to the first clause of Section 11(c) is
a valid increase of the maximum rate of taxation permitted by Section 11(b) of Article X of the Missouri Constitution for the period authorized by the voters (not to exceed four years) and, at the end of the authorized period (not to exceed
four years), the increased tax rate expires. The rate for the next succeeding year will be the rate imposed by the school board of the district which cannot exceed the limitations contained in Section 11(b), Article X, Missouri Constitution
unless the qualified voters of the district have authorized an increase pursuant to the provisions of Section 11(c) Article X, Missouri Constitution and Section 164.021, RSMo 1967 Supp. With reference to the Kirkwood School District R-7, the tax rate of $4.47 approved by the voters in 1969, is effective for only one year. The tax rate for subsequent years will be limited by provisions of Section 11(b), Article
X, Missouri Constitution, to a maximum of $1.25 on hundred dollars assessed valuation unless the voters of the district authorize an increase in this basic rate pursuant to the provisions of Section 11(c) of Article X, Missouri Constitution
and Section 164.021, RSMo 1967 Supp.|
|An arresting officer who has no authority to accept bail is not authorized to accept a driver's license in lieu of bail under Section 544.045, RSMo Supp. 1967, from a person arrested for a traffic violation.|
|367-70||June 1|| ||Opinion letter to Mr. Hubert Wheeler|
|368-70||June 26|| ||Opinion letter to the Honorable Thomas I. Osborne|
|369-70||Aug 13||TAXATION (SALES AND USE).
|The Missouri sales tax is not applicable to the sale of books by individuals made through the Raytown Area PTA Council sponsored
Student Used Book Exchange.|
|A teacher who has served only five successive years in the same school system has not achieved "permanent teacher" status pursuant to the definition of "permanent teacher" in Section 168.104(4), RSMo 1969, and therefore, such a teacher would
not gain "permanent teacher" status upon being reemployed by that same school district for the second successive year.|
|372-70||July 27|| ||Opinion letter to the Honorable D. R. “Ozzie” Osbourn|
|373-70||June 5|| ||Opinion letter to the Honorable Albert F. Turner |
|374-70||July 9|| ||Opinion letter to the Honorable Phil Snowden|
|375-70||June 11||GENERAL ASSEMBLY.
|Once a measure is referred to the electorate, the General Assembly has no power to repeal the measure. The Secretary of State must continue to perform his statutory duties with respect to having the referred measure submitted to the electorate
even though the General Assembly has attempted to repeal the measure.|
|378-70||June 23|| ||Opinion letter to Mr. B. W. Robinson|
|379-70||June 17|| ||Opinion letter to the Honorable James C. Kirkpatrick|
|380-70|| || ||Withdrawn|
|381-70||June 19||MUNICIPAL AIRPORTS.
CITIES, TOWNS & VILLAGES.
|The mayor of a constitutional charter city may not, without an enabling ordinance, contract with an adjoining state for the construction of an airport.|
|1. Precinct election judges in Kansas City can recognize an inside challenger for a political party who is vouched for by judges representing that party or by persons present belonging to that party where the challenger with the duly signed
credentials of the party chairman has not put in an appearance at the polling place. 2. A challenger recognized by the election judges maintains his position as challenger only until such time as a challenger with credentials from the
party chairman presents himself at the polling place. 3. A form purporting to be an appointment of an inside challenger by the election judges for the rest of the election day because no authorized inside challenger has presented himself
at the polling place does not meet legal requirements.|
|385-70||July 21|| ||Opinion letter to the Honorable James P. Mulvaney|
|386-70||Sept 18||COUNTY COLLECTORS.
|Collectors of third class counties wherein the total amount of taxes levied for any one year exceeds four million dollars can retain all commissions and fees earned by them.|
|387-70||Aug 7||COUNTY COLLECTOR.
|1. A person appointed by the county clerk under Section 52.180, RSMo, in case of death, resignation, removal or other disability of a county collector to examine the tax books, ascertain the amount remaining uncollected and make out a correct
abstract of the same is entitled to be compensated for his services by the county. 2. Persons appointed by the legal representative or sureties of the collector to perform such duties are not entitled to be compensated by the county.|
|388-70||June 19||CONSTITUTIONAL LAW.
|Section A of Senate Bill No. 3, Third Extraordinary Session, 75th General Assembly, qualifies under Sections 29 and 52(a) of Article III of the Missouri Constitution as a valid emergency clause and Senate Bill No. 3 will become effective upon approval by the Governor.|
|389-70||Oct 28||TAXATION (INCOME).
|(1) A corporation whose only activity is the investment or reinvestment of its own funds in securities which are obligations of the United States Government or its instrumentalities is not subject to Missouri Income Tax by reason of the provisions
of Section 143.040.1, RSMo 1969, and the income thereof is exempt under Section 143.150(5), RSMo 1969. (2) Dividends paid to stockholders of the corporation described in (1) are to be included in taxable income under the provisions of
Section 143.100, RSMo 1969.|
|390-70||Sept 28|| ||Opinion letter to the Honorable Vic Downing|
|391-70|| || ||Withdrawn|
|393-70||July 27|| ||Opinion letter to the Honorable Frank Conley|
|394-70|| || ||Withdrawn|
|394a-70||Sept 25||SCHOOLS.||Pursuant to Section 160.051, RSMo 1969, any child whose sixth birthday is before the first day of October after the first day of a school term shall be deemed to be six years of age for the purpose of determining eligibility for admission
to school. A rule of a school board which prevents any child whose sixth birthday occurs before October first from attending school is unauthorized, invalid and void. A school board may use reasonable discretion in selecting the date which
it will use to determine the age eligibility of children for the district's program of gratuitous education of children between five and six years of age. A school board may decide upon an age determination date which would permit children
who are less than five years of age on the first day of the school term to enroll in such classes. However, only those children who have reached the age of five prior to October first after the first day of the school term may be counted
in determining "average daily attendance" for state aid purposes.|
|399-70||July 9|| ||Opinion letter to the Honorable Earl L. Schlef|
|400-70|| || ||Withdrawn|
|401-70||June 30|| ||Opinion letter to the Honorable R. J. King, Jr.|
|Article XI, Section 7 of the Constitution of Missouri and Section 351.160, RSMo 1969, do not render void bonds which are sold at less than par or face value where the bonds are issued to promote the legitimate business of the corporation and
the discount price is arrived at after bona fide arms length negotiations between the corporation and the purchaser and is the best price that the corporation in good faith could obtain.|
|403-70||June 24|| ||Opinion letter to Mr. Hubert Wheeler|
|405-70||July 31|| ||Opinion letter to the Honorable Hardin C. Cox|
|406-70||Sept 30|| ||Opinion letter to the Honorable Jack K. Smith|
|407-70||July 9|| ||Opinion letter to Mr. Herbert Wheeler|
|1. When Henry County, by a vote of the people, adopted the provisions of Chapter 114, RSMo for voter registration, voter registration applied to the City of Clinton in all state and
county primary, special and general elections. 2. The City of Clinton, Henry County, Missouri may adopt voter registration for all municipal elections in the manner as provided
for in Section 114.047, RSMo, and it would be the duty of the county clerk to furnish the proper registration records to the city election officials.|
|409-70||Aug 7|| ||Opinion letter to the Honorable Arthur T. Stephenson|
|410-70|| || ||Withdrawn|
CITIES, TOWNS & VILLAGES.
|A police officer from a fourth class city may arrest for violations of state traffic laws occurring within the city limits and may file a complaint based upon this violation in the magistrate court; a police officer from a fourth class city,
possessed of knowledge that a recent felony has been committed, may arrest without a warrant anyone he has reasonable grounds to believe has committed the offense; the arrest for this felony may occur outside the city limits; a police
officer from a fourth class city does not have the power to make an ordinance violation arrest outside the city limits; and a fourth class city police chief may not take bond for arrests made without a warrant for offenses that occur within
the city limits.|
|1. Department store sales personnel who receive compensation either from the store or from the customer for combing, brushing and arranging individuals' hair in the process of selling or servicing wigs are practicing the occupation of hairdresser
within the meaning of Section 329.020, RSMo 1969, and must obtain a certificate of registration from the State Board of Cosmetology. 2. The department store in which the occupation of hairdresser is practiced must also obtain a certificate
of registration from the State Board of Cosmetology.|
|See: State ex rel. Lack v. Melton, 629 S.W.2d 302 (Mo. banc 1985). With respect to Senate Bill No. 1 of the Third Extra Session,
75th General Assembly: 1. Pursuant to the provisions of subsection 3 (Section 53.071, RSMo) of said bill, the salary of a county assessor whose year of incumbency begins September
1, 1970, would be computed on the basis of the assessed valuation of the county for the year 1969 and the salary for each succeeding year is to be computed on the basis of the assessed valuation of the county for the preceding year. 2.
In counties of the second, third, and fourth class, the salary of each clerk and deputy appointed by the county assessor subject to the approval of the county court shall be paid entirely by the county. 3. The provisions of subsection
3 of said bill (Section 53.081, RSMo) requiring the assessor of each county, except counties of the first class having a charter form of government, to verify ten sales of real property made in the county each month and make a report to
the State Tax Commission do not apply to township assessors in counties having a township form of government. 4. The provisions of subsection 3 of said bill (Section 53.091, RSMo) requiring the assessors of this state to attend a course
of study as prescribed by the State Tax Commission includes township assessors. 5. The provisions of subsection 3 (Section 137.330, RSMo) of said bill are applicable only to counties of the first class.|
|414-70||July 13|| ||Opinion letter to the Honorable Robert E. Young|
|415-70||Sept 28||RECORDER OF DEEDS.
|Instruments subject to the one dollar user fee provided by Section 59.319, RSMo 1969, include warranty deeds, quit claim deeds, trustee's deeds, collector's deeds, executor's deeds, administrator's deeds, guardian's deeds, sheriff's deeds
in partition, highway deeds, cemetery deeds, tax deeds, wills which devise real property, leases of real property, all instruments which convey easements, patents of land, probate and circuit court decrees which convey real property interest,
and all distributions of the probate court involving real property. Instruments which do not convey an interest in real property and are not subject to the user fee include deeds of trust, deeds of release (full and partial), uniform commercial
code security instruments involving fixtures and crops, instruments which release uniform commercial code security interests, probate and circuit court decrees which do not convey real property interests, distribution orders which do not
involve real property, leases on personal property, affidavits, surveys, plats (where easements are not established), patents on inventions, death certificates, marriage licenses, powers of attorney, articles of incorporation, articles
of dissolution, resolutions and statements.|
|417-70||Sept 11|| ||Opinion letter to the Honorable J. Anthony Dill|
|420-70||July 27|| ||Opinion letter to the Honorable James C. Kirkpatrick|
|421-70||Aug 3||WORKMEN'S COMPENSATION.
|The provisions of Sections 87.005 and 87.006, RSMo 1969, relating to impairment of health of firemen, do not apply to the Missouri Workmen’s Compensation Law.|
|422-70||July 20|| ||Opinion letter to the Honorable Patrick J. O’Connor|
|423-70||Oct 19|| ||Opinion letter to the Honorable Hugh A. Sprague|
|424-70||Nov 18|| ||Opinion letter to Mr. Lee E. Norbury|
|425-70||Aug 17|| ||Opinion letter to the Honorable Carl R. Noren|
|426-70||July 28|| ||Opinion letter to the Honorable Marvin L. Dinger|
|427-70||July 27|| ||Opinion letter to the Honorable Gene Hamilton|
|428-70||Sept 11||COUNTY JUDGES.
CONFLICT OF INTEREST.
|Section 49.140, RSMo 1969, would be violated if the financial statement of the county or any legal notices of the county were printed at the expense of the county in a newspaper owned by a member of the county court or his wife.|
|430-70||Sept 30|| ||Opinion letter to Dr. Robert T. Foster|
|431-70||Aug 25|| ||Opinion letter to the Honorable Phil Snowden|
|432-70||July 31|| ||Opinion letter to Mr. Gene Sally|
|433-70||Nov 25||SCHOOLS.||Two or more three-director (common) school districts cannot organize into a six-director district.|
|434-70||Aug 3||STATE AUDITOR.
|(1) It is the duty of the State Auditor to audit the accounts of the various county officers, in counties of the third and fourth class, supported in whole or in part by public moneys, at least once during the term for which any county officer
is chosen. (2) The time of making such audit during the term of each county officer shall be as near the expiration of the term of the county officer as the auditing force of the State Auditor will permit, as determined by the State Auditor.|
|437-70||Aug 31||BANKS.||The designation of the Grandview Bank as a federal depository and financial agent pursuant to federal law to perform functions designated by the Secretary of the Treasury is a matter
controlled by federal law and permission to establish this facility is not necessary from the Division of Finance of the State of Missouri. The establishment of this facility, therefore, is dependent upon appropriate decision by the federal
authority and the Missouri prohibition against branch banking is not applicable.|
|438-70||Oct 28||FIRE PROTECTION DISTRICTS.
|Fire protection districts organized under the provisions of Section 321.510 to Section 321.715, RSMo 1969, continue as legal entities although the statutes under which they were organized have been repealed. Emergency ambulance service provided
for under Section 321.225, RSMo 1969, furnished by the district must be furnished for the entire district and not for the portion of the district within one county.|
INITIATIVE & REFERENDUM.
|When initiative petitions proposing a constitutional amendment are filed with the Secretary of State and found to contain insufficient signatures to place the proposition on the ballot, such petitions cannot be returned to the circulators;
and such petitions, which provided for submission of the proposed amendment at the November 3, 1970 general election or at a special election to be called by the Governor, may not be counted toward placing a proposition on the ballot at
a general election or a special election to be held after the general election on November 3, 1970.|
|441-70||Nov 4||FOREST CROPLAND.||If the value of the land alone exceeds ten dollars per acre such land may not be classified as forest cropland for tax relief under the State Forestry Law, Chapter 254, RSMo 1969.|
|442-70||Oct 19|| ||Opinion letter to Mr. Joseph B. Reichart|
FEES, COMPENSATION, AND SALARIES.
|A coroner of a second class county is paid an annual salary in lieu of fees and is required to collect on the behalf of the county all fees for official services except such fees as are chargeable to the county.|
|445-70||Sept 16||STATE AUDITOR.
|The State Auditor must audit the account of each county officer, supported in whole or in part by public moneys, at least once during the term of each such officer. Thus, the accounts of an officer chosen for a two year term must be audited
at least once every two years and the accounts of an officer chosen for a four year term must be audited at least once every four years. Such audit shall be made as near the expiration of the term of the officer as the auditing force of
the State Auditor will permit.|
|School Board can call repeated elections to increase school tax levy. Board can issue statements giving information as to necessity of tax increase. Board must open and operate schools even though it has insufficient funds to operate for nine
|447-70|| || ||Withdrawn|
|447A-70|| || ||Withdrawn|
|448-70||Aug 17|| ||Opinion letter to the Honorable James L. Paul|
|450-70||Dec 1||DIRECTOR OF REVENUE.
|The Director of Revenue has authority under Section 32.050, RSMo 1969, to enter into a contract with a private corporation under which contract employees of the corporation key punch data necessary for income tax refunds. Any such contract
must be awarded by the State Purchasing Agent in accordance with Section 34.030, RSMo 1969. The furnishing of information obtained from income tax returns to such corporate employees would not violate the provisions of Section 143.270,
RSMo 1969, which provides that the contents of state income tax returns shall be confidential. The persons performing the key punching services would be subject to the statutory prohibitions against divulging information obtained by income
|A person inspecting a poll book as provided in Section 111.581, RSMo 1969, may make photostatic copies of the list of voters in the poll books.|
|452-70||Dec 9||STATE PURCHASING AGENT.||The Purchasing Agent is required to determine whether bids for supplies to be purchased by the State of Missouri show that the delivered price of a firm, corporation or individual not doing business as a Missouri firm, corporation or individual
is the same or less than the bid of a Missouri firm, corporation or individual and if he determines that a Missouri bidder has submitted an equal bid, in competition with an out-of-state bidder, then the Purchasing Agent is required to
prefer the Missouri bidder. The Purchasing Agent is not permitted to accept a higher bid from a Missouri bidder on the grounds that the economic interests of the state would be furthered by patronizing a bidder doing business as a Missouri
firm, corporation or individual.|
|453-70||Oct 30|| ||Opinion letter to Mr. Robert L. Hyder|
|454-70||Sept 11||CONSTITUTIONAL LAW.
|The effective date of the Judicial Reform Amendment, Senate Joint Resolution No. 16, 75th General Assembly, is January 1, 1972.|
|455-70||Aug 21|| ||Opinion letter to the Honorable G. William Weier|
|456-70||Oct 14||MOTOR VEHICLES.
ROADS AND BRIDGES.
|The County Court of St. Charles County does not have the authority to set speed limits on county roads not within the limits of any incorporated city, town or village, lower than that provided in Section 304.010, RSMo 1969, for the reason
that St. Charles County, although a second class county, does not have a population of 125,000 residents and the extension centers located in that county do not constitute a "state university" within the meaning of Section 304.010 5.,
|458-70||Sept 17|| ||Opinion letter to the Honorable Charles S. Broomfield|
|458a-70|| || ||Opinion letter to the Honorable Charles S. Broomfield |
|459-70||Aug 21|| ||Opinion letter to the Honorable Carl D. Gum|
|Section 111.591, RSMo 1969, does not authorize the prosecuting attorney or other public officer to inspect ballots in the custody of the county clerk or board of election commissioners, unless some judicial proceeding, grand jury investigation,
or other investigation authorized by law is pending.|
|463-70||Aug 21|| ||Opinion letter to the Honorable G. William Weier|
|469-70||Sept 11|| ||Opinion letter to the Honorable R. J. King, Jr.|
|470-70||Sept 4||MOTOR VEHICLES.
|Section 564.440, RSMo 1969, does not require operation of a motor vehicle upon a public highway as a condition precedent to a charge of operating a motor vehicle while in an intoxicated condition.|
|472-70||Oct 2|| ||Opinion letter to the Honorable Robert Pentland|
|473-70|| || ||Withdrawn|
CITIES, TOWNS & VILLAGES.
|1. A third class county may enter into a cooperative agreement for operation of a common dumping ground with fourth class municipalities of such county. 2. A third class county may enter into a cooperative agreement for operation of a common
dispatch service for the peace officers of the county and contracting municipalities. 3. Fourth class cities may enter into a cooperative agreement for a common sewer system.|
CONFLICT OF INTEREST.
|1. A state representative who has a permit to own and operate an official motor vehicle inspection station is not an officer or employee of the state and does not violate the provisions of Article III,
Section 12 of the Constitution of Missouri. 2. A state representative who has a permit to own and operate an official motor vehicle inspection station does not violate the provisions of Section 105.490, RSMo.|
|477-70||Sept 25|| ||Opinion letter to Mr. Joseph Jaeger, Jr.|
|478-70||Sept 11|| ||Opinion letter to the Honorable Thomas B. Burkemper|
|479-70||Dec 10||CITIES, TOWNS AND VILLAGES.
|A city administrator appointed under the provisions of Section 77.042 to Section 77.048, RSMo 1969, may be authorized by the governing body of a third class city to appoint and discharge any employees of the city even though such employees
operate under the Park Boards, the Public Work Boards or the police merit system. The city council of a third class city does not have authority to give the city administrator general superintending control of the administration and management
of the departments under the control of the various boards such as the Park Board or the Board of Public Works or to give the city administrator any control beyond that heretofore exercised by the mayor himself.|
|482-70|| || ||Withdrawn|
|484-70||Sept 30|| ||Opinion letter to Mr. Hubert Wheeler|
|489-70||Oct 20||STATE AID.|
|A junior college district has no authority to conduct classes outside of its district boundaries and is not, therefore, entitled to receive state aid for nonresidents of the district enrolled in classes outside of its district boundaries even
though they may be Missouri residents.|
|490-70||Sept 11|| ||Opinion letter to the Honorable Peter H. Rea|
|491-70||Nov 19||CITIES, TOWNS AND VILLAGES.
|Section 67.400, RSMo 1969, authorizes the governing body of any city, town or village to enact ordinances that provide for the demolition of buildings and structures within the corporate limits of such city, town or village which are detrimental
to the health, safety or welfare of the residents and declared to be a public nuisance.|
|492-70||Oct 2|| ||Opinion letter to the Honorable Raymond Howard|
|493-70||Oct 30||ELECTIONS.||(1) There is no law regulating or prohibiting the hiring of persons to haul voters to the polls in a primary or general election in a third class county. (2) In a county of the third class, each party committee may select a person in accordance
with its bylaws to witness the counting of the ballots and such person should be admitted to the room where the ballots are being counted by the judges of the election if they are satisfied such person has been selected by the party committee.|
|498-70|| || ||Withdrawn|
|501-70||Sept 29||SCHOOLS.||(1) Some or all of the teachers of the St. Charles School District may be placed on a leave of absence pursuant to the provisions of Section 168.124, RSMo 1969, of the Teacher Tenure Act, if the school board of the St. Charles School District
reasonably concludes that such action is necessary due to the financial condition of the school district. (2) In determining whether the schools of a district must close due to lack of funds, a school board must take into consideration
all available income, including any school money received from the State of Missouri. However, a school board may consider any fixed expenses it will have after school is closed in determining when the available funds of the district have
been exhausted. (3) Section 163.091, RSMo 1969, provides the sole remedy available to the state to recover from a school district the excess amount of state school money paid to the district in the current year. Therefore, if the district's
application for state school money, report pursuant to Section 163.081, RSMo 1969, and calendar pursuant to Section 171.031, RSMo 1969, as filed with the State Board of Education all indicate that the district is qualified for state aid
in the current year, the district will receive its share of state school money in the current year. In the following school year, the district's share of state school money will be reduced by the amount it received in the current year
to which it was not entitled. However, should a school district amend any of these documents or otherwise officially notify the State Board of Education in the current year that the district is not qualified under Section 163.021, RSMo
1969, to receive state school money, the State Board of Education would then be obligated to adjust immediately the district's apportionment of school money.|
CITIES, TOWNS & VILLAGES.
|The City of St. Louis may not issue and sell revenue bonds, and use the proceeds therefrom for the purpose of purchasing, constructing, extending or improving an airport to be jointly owned by the City of St. Louis and the State of Illinois.
The City of St. Louis, by ordinance, may use general tax revenues for such purpose. The City of St. Louis may not contribute its general tax revenues to the construction and operation of an airport of which it is not a joint owner. The
consent of the Congress of the United States, if required, has been given to the proposed airport to be jointly owned by the City of St. Louis and the State of Illinois.|
|505-70||Oct 9||COUNTY BUILDINGS.
|The circuit court of a county cannot require the county court to appropriate money for the repair of the county courthouse, or to order by mandamus or other action the county court to repair the courthouse unless the county court abused or
arbitrarily exercised its discretion.|
|507-70||Sept 29|| ||Opinion letter to the Honorable Fred W. Meyer|
|508-70||Oct 2|| ||Opinion letter to the Honorable Arlie H. Meyer|
|511-70||Oct 6||DISABILITY BENEFITS.
FIRE PROTECTION DISTRICTS.
|The additional proviso respecting the payment of health, accident or disability benefits to salaried members of the organized fire department of a fire protection district in a first class county who shall become disabled due to injury or
disease incurred while on duty or in the performance of their duties, must be submitted to the voters and approved by them even though the voters have previously approved pensions and death benefits.|
|512-70||Oct 1|| ||Opinion letter to the Honorable Allen S. Parish|
|516-70||Oct 9||CONSTITUTIONAL LAW. |
|The amount of indebtedness which may be incurred by a school district is determined on the basis of a calendar year rather than a fiscal year.|
|519-70||Dec 9||MOTOR VEHICLES.||A commercial motor vehicle used by the owner or operator to deliver limestone to farms owned or leased by other persons more than twenty-five miles beyond the municipal area where the operation is based, is not a “local commercial vehicle”
within the meaning of Section 301.010(12), RSMo 1969.|
|520-70||Nov 18|| ||Opinion letter to the Honorable Robert Payne|
|522-70||Oct 26|| ||Opinion letter to the Honorable William G. Johnson|
|523-70||Oct 8||BONDS. |
SUPREME COURT RULES.
|A bondsman or surety is disqualified from making further bonds when a forfeiture has been entered upon a recognizance to which he is a party, even though motions to set aside such forfeiture may be pending.|
|524-70||Oct 7||SCHOOLS. |
STATE BOARD OF EDUCATION.
COMMISSIONER OF EDUCATION.
|The plain and rational meaning of the word "administration" as used in Section 161.112, RSMo 1969, which sets forth the qualifications for the State Commissioner of Education, involves as an essential element the performance of executive duties.
From the facts set forth in your telegram, the individual in question does not possess "breadth of experience in the administration of public education" as required by Section 161.112 and is, therefore, not qualified for appointment to
the office of State Commissioner of Education.|
|525-70||Oct 14|| ||Opinion letter to the Honorable James E. Schaffner|
|528-70||Oct 8|| ||Opinion letter to the Honorable Bob F. Griffin|
|1. The county assessor of Marion County, Missouri, may enter into a cooperative agreement with the City of Hannibal under
such terms and conditions as may be approved by the county court, as provided under the provisions of Sections 70.210 to 70.230, RSMo to perform the duties of the City Assessor of Hannibal.
2. The County Assessor of Marion County has no authority to perform the duties of the City Assessor of Hannibal except
as provided under Sections 70.210 to 70.230, RSMo. 3. Under such agreement the county assessor may use the facilities of his office and services of his deputies and clerks in performing the duties of the city assessor. 4. All compensation
paid by the City of Hannibal for the use of such facility, and the services of the assessor, his deputies and clerks shall be paid to Marion County and deposited in the county treasury.|
|531-70|| || ||Withdrawn|
|532-70||Dec 15||TAXATION (INCOME).
TAXATION (SALES AND USE).
|(1) The Missouri Income Tax law cannot be amended after January 1, 1971, increasing tax rates or otherwise altering tax liability, making the change effective for the entire year 1971. (2) Missouri may impose a surtax on income similar to
the surtax imposed by the federal government. (3) The General Assembly cannot impose an income tax computed solely on the basis of taxpayer’s federal income tax liability. (4) The Missouri General Assembly cannot legally use the
entire 1971 income as the basis for a surtax or as the basis for imposing a tax computed on a percentage of the federal tax where the law is passed after January 1, 1971. (5) Section 13 of Article I of the Missouri Constitution prohibits
enactment of retrospective tax laws irrespective of whether the tax is imposed upon individuals or corporations. (6) The legislature can provide for referral of tax increase measures earmarking a part of the increase for support of public
education to the electorate by referendum. (7) It is legal to impose a tax on sales of advertising.|
|538-70||Oct 29|| ||Opinion letter to Mr. G. L. Donahoe|
|541-70||Nov 18|| ||Opinion letter to the Honorable Robert S. Drake, Jr.|
|544-70||Dec 31|| ||Opinion letter to the Honorable John C. Ryan|
|House Joint Resolution No. 1, Third Extraordinary Session Seventy-fifth General Assembly (Constitutional Amendment No. 4 on ballot November 3, 1970), which enacts a new Section 11(c) of Article X of the Constitution of Missouri, provides that
if the board of education of a school district does not submit to the electorate a proposal for a higher tax rate for school purposes after the effective date of the amendment, the last tax rate approved in the district shall continue
for the current tax year.|
|550-70||Dec 31|| ||Opinion letter to the Honorable George E. Murray|
|558-70||Dec 9|| ||Opinion letter to the Honorable Raymond L. Skaggs|
|559-70|| || ||Opinion letter to the Honorable Lawrence J. Lee|
|565-70||Dec 1|| ||Opinion letter to the Honorable Thomas B. Burkemper|
|566-70||Nov 25||DENTISTS. |
|The provision of Section 332.131, RSMo 1969, which requires that candidates for licenses as dentists in the State of Missouri be citizens of the United States is unconstitutional.|
|576-70||Dec 24|| ||Opinion letter to Mr. William P. Wright|
|578-70||Dec 16||CONSTITUTIONAL LAW. |
JUNIOR COLLEGE DISTRICTS.
|The buildings and facilities of junior college districts created pursuant to Section 178.770 through Section 178.890, RSMo 1969, are "state buildings and facilities" as that term is used in the perfected version of House Joint Resolution 1,
Fourth Extraordinary Session, 75th General Assembly and, therefore, the junior college districts of Missouri would be eligible for funds from the Third State Building Fund to be
created if the proposed constitutional amendment contained in House Joint Resolution 1 is approved by the voters.|
|583-70||Dec 30|| ||Opinion letter to Mr. Howard L. McFadden|
|588-70||Dec 18||SECRETARY OF STATE. |
|The American Party is no longer an established political party for the purpose of nominating candidates for Governor or other statewide offices in the State of Missouri because the only candidate for state office received less than two percent
of the vote at the 1970 General Election. Since the American Party is not now an established party for the entire state the Secretary of State should not accept declarations of candidacy for Governor or other statewide offices for such
non existent party.|
|591-70||Dec 24|| ||Opinion letter to the Honorable William S. Brandom|
|596-70|| || ||Withdrawn|