Missouri AG Opinions — 1967

Review and certification of State Board’s application for program grant to provide educational programs for migratory children of migratory agricultural workers under Title I, Public Law 89-10 as amended by Section 103, Public Law 89-750.

Opinion letter to the State Board of Education

Scheme for recovery of medical and hospital expenses through voluntary contributions constitutes engaging in insurance business.

A hearing to determine if an accused is a second offender should be conducted by the court outside the presence of the jury at a time which will be least disruptive of the trial. Proof of prior convictions may be in the form of authenticated copies of former judgments. Identification may be made through commitment papers. Punishment may be assessed by the court at any time after verdict if the accused is found to be a second offender, but sentence is not actually imposed until the judgment is rendered.

(1) The Mexico City Library and the Audrain County Library District are authorized to expend funds to remodel a building for the use of both (2) That the building may be owned by the two as tenants in common and (3) That the two may enter into a cooperative agreement respecting the rights and obligations of both.

Section 50.055, RSMo 1959, and Section 29.230, RSMo Supp. 1965, are alternative methods by which the State Auditor can be requested to audit a second class county. If the request is properly made under either statute, the State Auditor must audit the county. In either event the county must pay for the cost of the audit.

County treasurer and county judge may serve as director of six-director school district.

Property leased by an individual or private business to the United States, the state, city, county or a political subdivision of the state, under a lease-purchase or rental-purchase agreement, for a consideration, is not owned by such governmental unit and is not exempt from taxation under Section 137.100, RSMo 1959, prior to the time the option to purchase is irrevocably exercised. Property leased by an individual or private business for a consideration under a rental-purchase or lease-purchase agreement to an organization to be used for religious worship, for schools or colleges or for charitable purposes, is not exempt from taxation under Section 137.100, RSMo, prior to the exercise of the purchase option because the property is not being used exclusively for such purposes.

A van-type vehicle designed to accommodate eight people and regularly used as a courtesy car by motels to transport not more than eight guests to and from the airport is not a “commercial vehicle” as defined in Section 301.010 (1) RSMo 1959, and is not required to be licensed as such. An employee of a motel which regularly uses these vehicles for such purpose is acting as a chauffeur as defined in the second classification of Section 302.010 (3) RSMo Supp., 1965, and may be prosecuted for a misdemeanor if he so operates such a vehicle without possessing a valid chauffeur’s license.

The County Court of a second class county must comply with Section 50.660, RSMo 1959, and submit all contracts involving expenditures of $500.00 or more for insurance on county property to the lowest and best bidder after due opportunity for competition.

A registered cosmetology school cannot require its students to pass a final examination before releasing the students hours, and allowing the students to take their state board examination. The right to a state license is not dependent upon the completion of any school’s course but only upon having the qualifications required by Section 329.050, RSMo Supp. 1965, as determined by the state board.

It is therefore the opinion of this office that the seal of a notary public may be imprinted directly upon the document or the impression may be affixed to the document. Either application is valid if the said seal bears the inscribed information required by Section 486.040, RSMo 1959. Any administrative rule or practice to the contrary appears to be in conflict with the above stated authorities.

County hospital trustees have exclusive control and expenditure of all money collected to credit of county hospital fund under Section 205.190, RSMo Cum. Supp. 1965, including taxes levied for hospital maintenance, under Section 205.200, RSMo Cum. Supp. 1965. Tax levy under said section may be used for maintenance, improvement, construction and furnishing necessary hospital additions. Said tax proceeds shall be used for purpose for which tax levied and none other. County court is unauthorized to transfer unused balance of hospital maintenance fund to county road and bridge fund or to county revenue fund.

Opinion letter to the Honorable Clinton Almond

Two or more persons whether members of labor union or not, collecting and disbursing money to be used in furtherance of election to public office of any person, constitute a political committee and treasurer must file report of expenditures in period during ninety days preceding election including primaries. Statute of limitations under Section 129.260 (3) requiring treasurer to file a statement within five days after request by five freeholders is one year.

Opinion letter to the Honorable Lawrence O. Davis

Opinion letter to the Honorable Jasper M. Brancato

Opinion letter to the Honorable Raymond Howard

A member of the legislature who has served six or more years as a member of the General Assembly and whomeets the conditions for retirement at or after normal retirement age is entitled to receive credit in calculating his retirement annuity for having served in a biennial assembly from which he has resigned.

Opinion letter to the Honorable Donald L. Manford

Opinion letter to the State Board of Education

Opinion letter to the Honorable Harry L. Porter

The disposition of state records, regardless of pre-existing laws, is now governed by rules and regulations promulgated by the State Records Commission pursuant to Section 109.310, RSMo Supp. 1965, after the effective date of the adoption of such rules and regulations.

Opinion letter to the Honorable William J. Esely

Opinion letter to the State Board of Education

A county treasurer of a second class county must submit his deputy and assistant appointments to the county court pursuant to Section 54.230, RSMo 1959.

Opinion letter to the Honorable Dexter D. Davis

Opinion letter to the Honorable William R. Royster

Members of the Board of Education of six-director school districts are not excused from jury service by the provisions of Section 494.031(7), RSMo 1959.

Purchases of construction materials by a religious organization to be turned over to a contractor for use in building a church are purchases made in the conduct of regular religious functions and activities of the organization and are exempt from sales and use taxes under Section 144.040, RSMo 1959.

Opinion letter to the Honorable T. Jones, Jr.

A provision for pensioning of salaried employees of a fire district who incur non-service connected disabilities requiring their retirement from service of the fire department is within the authority of the board of directors of a class one county fire district.

Statute requiring operators or passengers on motorcycles to wear helmets constitutional.

A development finance corporation formed under the provisions of Chapter 371, RSMo, may borrow money from any number of persons including members at the same time. Money borrowed from nonmembers may be secured as provided by Section 371.130 (4), RSMo Supp. 1965, in any priority.

Doctrine of “one-man, one-vote” does not apply to positions that are appointed.

Opinion letter to the Honorable Dexter D. Davis

Opinion letter to the Honorable Don

Opinion letter to the Honorable James A. Noland , Jr.

Opinion letter to the Honorable Albert F. Turner

Opinion letter to the Honorable C. M. Bassman

It is illegal for a special road district to repair or improve any private roads even though the cost is paid for by the owner.

House Bill No. 136 (74 General Assembly), if enacted, would not invalidate presently valid registrations.

Dividends received from both in-state and out-of- state savings and loan associations are not subject to Chapter 146, RSMo, the Missouri Intangible Tax Law.

Opinion letter to the Honorable C. P. Lehen

Opinion letter to the Honorable Arlie H. Meyer

The employment by the Platte County Weed Control Board of one of its members to perform services for the Board is against public policy and therefore unlawful.

Opinion letter to Mr. Herman Julien

Opinion letter to the Honorable Homer D. Wampler,

Periodicals which do not have a paid circulation do not qualify as newspapers under Sections 231.280, RSMo 1959, which provides for publication in a newspaper of the township financial statement and inventory of township property.

Money received from the National Forest Reserves under Chapter 12, RSMo, and distributed to the various counties for the use of school districts shall under Section 165.011, RSMo Supp. 1965, be placed to the credit of the teacher’s fund.