Missouri AG Opinions — 1966

Opinion letter to the Honorable Jack L. Duncan

A Serviceman, resident of Missouri, although he may be outside the state on military orders is liable for taxes on tangible personal property located in Missouri on January 1 st of taxable year.

The Missouri State Highway Patrol or any peace officer, at the direction of the Director of Revenue, may secure the possession of the registration of a jointly owned vehicle where an operating joint-owner of a motor vehicle has caused the suspension of registration of such motor vehicle through violation of provisions of the Safety Responsibility Law.

Probation and parole officers are exempt from the provisions of Sec. 564.610 RSMo Cum. Supp. 1965, relating to carrying concealed weapons.

(1) The Coroner of a class county, a photographer, could not be paid out of county funds, as a coroner for photographs taken at the scene of a crime; (2) the Prosecuting Attorney is authorized to spend whatever is necessary in preparation of cases for trial subject to budget provisions of statutes.

Opinion letter to the Honorable Ray V. Jeffrey

Opinion letter to Mr. Lowell McCuskey

The requirement of Section 120.390 RSMo, “to publish such notice for three consecutive weeks next prior to said primary” is satisfied by three separate insertions, one in each of three consecutive weeks, so that the last insertion occurs at the latest on the day next prior to the primary election, and at the earliest on the second Sunday next prior to the primary election.

Opinion letter to the Honorable James E. Schaffner

Opinion letter to Mr. Charles Claflin Allen

Opinion letter to the Honorable Warren E. Hearnes

Farm tractors are required by Section 304.010 to be operated at a minimum speed of 40 miles per hour on interstate highways.

When a new or used car is purchased in Missouri, a lien becomes perfected under Section 301.600, RSMo Supp. 1965, upon delivery to the Director of Revenue of either the existing title or manufacturer’s certificate of origin and the new owner’s application for title consisting of any one of the copies of Department of Revenue form number -1- along with the one dollar fee as required by Section 301.190, RSMo Supp. 1965.; Payment of the Missouri Sales Tax is not necessary to perfect a lien.

Opinion letter to the Honorable Eugene F. Mazzuca

Opinion letter to the Honorable Frank M. Karsten

Opinion letter to Mr. Vincent G. Baumann

Opinion letter to the Honorable James W. Williams

Opinion letter to the Honorable Carl D. Gum

1. The position of executive secretary to the Air Conservation Commission is a merit system employee.; 2. The secretary of the executive secretary is a merit system employee. 3. All other employees of the Air Conservation Commission are merit system employees except those specifically exempted by Section 191.070, RSMo 1959. 4. The Air Conservation Commission has the power under Section 203.040(4), RSMo Cum. Supp. 1965, to fix the salary of the executive secretary, not to exceed twelve thousand dollars per annum.

The County Court of Washington County must comply with the method of letting contracts for the construction of roads, as provided in Section 229.050, RSMo 1959, when the estimated cost thereof exceeds the sum of $500.

Opinion letter to the Honorable Arthur B.

Members of the county board of equalization appointed by the city council under the provisions of Section 138.015, RSMo 1959, are entitled to five dollars per day compensation by the county as provided for in Section 138.020, RSMo. Supp. 1965.

A police officer of a third class city can make an arrest under authority of a warrant issued by such city at any place within the limits of the county within which the city is located.

(1) Where an applicant for a public schoolteacher certificate has the required amount of academic and professional preparation as required by Section 168.021, RSMo. Supp. 1965, and has presented evidence of good moral character as provided by Section 168.031, RSMo. Supp, 1965, the State Board of Education must issue a certificate; (2) The legislature in prescribing the requirements for certification as a public schoolteacher has not required that the applicant be presently employable, nor has it prohibited a cleric or religious from being certificated. The State Board of Education cannot lawfully add such as prerequisites in excess of those prescribed by statute; (3) Membership in the ordained clergy or in a religious order does not prevent a qualified person from being lawfully employed as a teacher of secular subjects in a public school; (4) An obligation to remit all or part of his salary to a religious organization or church does not prevent a qualified person from being lawfully employed as a public schoolteacher; (5) The teaching of religion as such in the public schools by any person is prohibited; (6) In the absence of a valid statute or judicial decree meeting requirements of due process of law, a qualified person cannot be excluded from employment as a public schoolteacher because he has taken a religious vow.

School director causing appointment of relative violates constitutional nepotism provision. Violator forfeits his office, but may not be prosecuted.

Nonresident of this State may not acquire a permit to obtain firearms of a concealable nature.

Within the context of Section 557.215, RSMo 1965 Cum. Supp., making it a felony to assault a “peace officer” while in the performance of his duties, the term “peace officer” includes agents of the conservation commission and deputy boat commissioners.

A county court may expend monies from its Class 6 funds on streets of cities, towns and villages only when they are properly designated county roads and form a part of a continuous road or highway of said county leading into or through such city, town or village.

For the purpose of determining the sufficiency of initiative petitions under the St. Louis County Charter the petitions must be signed by at least 5 percent of the total vote cast for governor at the last election in at least 5 of the Council districts from which presently serving councilmen were elected.

1. Where county court district boundaries are changed by the county court a county board of education member whoas a result of the changed boundaries no longer resides in the county court district from which he elected is not disqualified as a member of the board but may continue to serve until the expiration of his term. 2. At the next county board of education election subsequent to the change of county court district boundaries, the expiring positions should be filled by one member elected from each county court district as these districts exist at the time of the election.

Opinion letter to the Honorable Robert D. Scharz

1. The receipt by Representative F. E. Robinson, Knox County, of $125.00 per month as executive Vice President of the Missouri Motel Association does not bring him within the purview of the State Conflict of Interest Law in that this amount of money does not constitute a substantial personal or private interest within the meaning of that law (2) A member of the General Assembly who has a substantial or private interest in any measure or bill proposed or pending before the General Assembly must file a written report of the nature of that interest before he passes on the measure or bill. (3) The Conflict of Interest Law, Section 105.460, RSMo Cum. Supp. 1965, applicable to members of the General Assembly does not prohibit a member of the General Assembly from voting on pending legislation even though he has a substantial personal or private interest in any pending legislation, if prior to his voting on that pending legislation he has filed a written report of the nature of his interest in that legislation with the Chief Clerk of the House or the Secretary of the Senate.

Bonds of Junior College District of Kansas City not required to be registered by state auditor.

Opinion letter to the Honorable Jack J. Schramm

1. A representative of a public body may in its discretion meet with a representative of employees and talk about problems of mutual interest. This does not include the right or power to engage in collective bargaining. 2. If an understanding is reached between representatives of the public body and representatives of the employees the understanding shall be reduced to writing, but does not constitute a contract, and shall be submitted to the public body for appropriate action. 3. Any public body has the right and power to discuss matters of mutual interest with its employees or their representatives.

The Prosecuting Attorney may at his discretion file misdemeanor charges for traffic offenses in the circuit court, and may file a traffic ticket as the information, provided the traffic ticket complies with the requirements of law for informations .

Opinion letter to the Honorable Charles H. Baker

Opinion letter to the Honorable Bob F. Griffin

The legislature may validly pass a statute requiring the Prosecuting Attorney of a Constitutional Charter County to devote full time to his duties.

St. Louis County, Missouri, has the power to contract with third and fourth class cities of that county to have the county collect city real and personal property taxes.

Composition of Congressional Districts is determined by precincts existing on date designated by congressional districting statutes.

County nursing homes, established under Chapter 205, are not eligible for matching state funds as provided in 184.290, because county nursing homes cannot, by definition, be termed county memorial hospitals or additions thereto.

With respect to the provisions of Section 112.060, RSMo 1959, in the event that the central committees of the dominant political parties submit lists of persons who are unable or unwilling to serve and are therefore less than double the number required by law the county clerk or the board of election commissioners may select persons of the proper political faith from outside the lists to make up double the number required and may appoint therefrom. In the event that all of the persons on the lists submitted by the central committees refuse to serve, the county clerk or the board may act as though the committee had failed to present a list of names as required and may, themselves, select and appoint the requisite number as required and provided by law for the party for the purpose of opening and counting the absentee vote.

1. Nursing home districts have no authority to accept and admit indigent persons to nursing homes without payment of fees.; 2. The nursing home tax under Section 198.250, RSMo Cum. Supp., 1965 may be used for any of the purposes authorized by the nursing home law, Sections 198.200 to 198.350, RSMo Cum. Supp., 1965.

Driving without a valid chauffeurs’ or operators’ license constitutes a “moving violation” as that term is used in Section 302.302-1(1), RSMo. Supp. 1965, and a conviction thereof requires an assessment of two points.

A city clerk is not entitled to pay as deputy voter registration officer under Section 114.100, . The county clerk is required to furnish three registration cards to absentee voter.

Declarations of candidacy that have heretofore been filed with the Secretary of State for the Office of State Representative, prior to the filing by the House Apportionment Commission of its final report with the Secretary of State, are invalid.

Carter County is entitled to reimbursement by the Division of Welfare for 50% of the sums expended by the county under the Surplus Agricultural Commodities Program, and that the fact the county may be reimbursed for part or all of the remaining 50% of the sums expended from Federal funds under the Economic Opportunity Act, does not abrogate their right to reimbursement by the Division of Welfare under Section 205.960, RSMo. Supp. 1965.

The phrase, “engaged full time” as used in Section 211.393, RSMo. Supp. 1965, means that the juvenile officer, in order to qualify for the statutory contribution by the State of Missouri, may not hold another office or position and may not engage in any activity which would impair his ability to faithfully perform his duties as juvenile officer. Under this section it is only the juvenile officer who may qualify for the payments by the State of Missouri.

Opinion letter to Mr. James E. Schaffner