Missouri AG Opinions — 1969

Declarations of candidacy for Congress filed prior to the effective date of new apportionment legislation are a nullity and candidates who have attempted, to file before such date must file after the effective date of the new law in order to be placed on ballots.

1. Pursuant to the provisions of Section 162.421, RSMo Supp. 1967, the children in areas proposed to be annexed to the City of Columbia in October, 1969, become residents of the Columbia School District on July 1, 1970, and thus will then be eligible to attend the schools of that district, if the proposed annexation is approved. 2. The property in the annexed areas will be subject to the Columbia School District 1970 tax levy, if the proposed annexation is approved. 3. The 1969 taxes are to be paid to the school districts containing the annexed areas and are to be considered in the settlement apportioning the property and obligations of the districts from which land was taken, according to the procedure provided in Section 162.031, RSMo Supp. 1967, if the proposed annexation is approved.

A six-director school district election express statutory language requires that poll books be used and that at the close of each election one of the poll books shall be transmitted to the clerk of the county court and the other retained in the possession of the judges of election open to the inspection of all persons.

Opinion letter to the Honorable William R. Royster

The sheriff of any county in which real estate is located which is owned by another nonadjoining county of the third or fourth class in violation of section 49.285(1), must take possession of the land and sell it in the manner prescribed by section 49.285(1) unless otherwise ordered by a Circuit Court under section 49.285(2).

Opinion letter to the Honorable John J. Johnson

Opinion letter to the Honorable Frank L. Mickelson

Opinion letter to the Honorable Jack J. Schramm

Opinion letter to Mr. James E. Schaffner

Opinion letter to Mr. George W. Flexesenhar

1. The St. Joseph School District does not have authority to expend its funds to contract with a professional firm to reevaluate real property within its boundaries. 2. The St. Joseph School District does not have the authority to enter into a cooperative agreement with the City of St. Joseph and Buchanan County in undertaking reevaluation of real property which is a common source of revenue to all three. 3. The county of Buchanan has the authority to contract with a private professional firm to undertake the reevaluation of real property within the County as a means of assisting the Assessor, and authority to enter into a cooperative agreement with the City of St. Joseph, but not with the St. Joseph School District. 4. Such a contract with a private professional firm may be financed with funds from general revenue, if available; a levy approved by the voters under section 137.073, RSMo Supp. 1967, is not mandatory. If a levy is approved as provided in Section 137.037, such levy must be included in the general levy for county purposes provided in section 11(b) of Article X of the Constitution of Missouri.

It is the ministerial duty of a county clerk to extend taxes in the tax books based upon the tax rates certified to him by the school boards of the various school districts and he has no power to question the tax rates certified to him by such school boards or to refuse to extend the taxes because he determines that the school boards have allegedly certified to him tax rates not authorized by law.

House Bill 199 of the General Assembly provides that as of October 13, 1969, in towns or villages in a county of the first class with a charter form of government and in cities of the fourth class in a county of the first class with a charter form of government: (1) The authority of the chairman of such town or village to hear and determine offenses against the ordinances of such town or village is abolished and provides in lieu thereof for the election or appointment of a municipal judge who will have such jurisdiction; (2)The office of the chairman of such towns or villages is not otherwise affected by the provisions of said bill and said chairman need not resign and his office is not vacated; (3) the authority of the mayors or police judges of cities of the fourth class in such county to hear and determine offenses against the ordinances of said cities is abolished and provides in lieu thereof for the election or appointment of a municipal judge who will exercise the jurisdiction formerly exercised by such mayors or police judges. Only the municipal courts in a first class county with a charter form of government are affected by the provisions of House Bill 199 and the bill in no way affects the jurisdiction of personnel of the city courts in any of the towns, villages or cities in other counties.

Elections for the members of boards of soil and water district supervisors must be preceded by legal notice of the time, place, and purpose of the election.

Opinion letter to the Honorable C. W. Culley

The public water supply system can refuse to extend services because of anticipated excessive rates if it be affirmatively shown that the refusal was a result of a reasonable and impartial administrative determination.

An individual who is sixty years of age, with fifteen years of creditable service in the State Retirement System, but who has not retired and is no longer a contributing member of the system, may not receive an increase in retirement benefits as provided for in House Bill 480 of the Seventy-Fifth General Assembly if such person does not re-enter state employment.

A supermarket which demands and receives ninety days credit from dairy suppliers would be in violation of Section 416.440(3), RSMo 1959, if the nature of said credit demand is that of a discriminatory gift not available to all purchasers nor extended by all suppliers and if the effect thereof is to divert trade or injure competition.

Opinion letter to the Honorable G. William Weier

Opinion letter to the Honorable Gladys Marriott

It is the opinion of this office that the making of a loan by requiring the execution of a note to the principal of which is added simple interest on the entire amount of the loan at the rate of five per cent per annum for seven years, payable over a period of 84 months in equal monthly installments and secured by a first deed of trust on real estate constitutes usury in that the total interest payable on the note evidencing the debt would exceed eight per cent per annum as limited by Sections 408.030 and 408.050, RSMo.

1. A school board has no authority to purchase liability insurance to cover its own negligent actions; 2. A school board is given authority to purchase an individual liability insurance policy on an employee to cover his negligence occurring during the normal activities of the school district; 3. The purchase of liability insurance by a school board to be paid as compensation to its employees does not waive the sovereign immunity of a school board.

A magistrate who retired on her sixty-fifth birthday prior to the enactment of 476.456 by House Bill 216 of the Seventy-Fifth General Assembly after having served twenty-two years as a magistrate is entitled to the benefits afforded by Section 476.450 and can elect to become a special commissioner and receive compensation of one-third the compensation provided by law from the office from which she has retired.

A station wagon used to transport tools used in repair work is not a commercial motor vehicle.

Section 78.550 only prohibits candidates and other interested persons from hauling voters to the polls.

Opinion letter to Mrs. Olean Barton

Opinion letter to the Honorable Dennis C. Brewer

A school district may adopt, by the necessary majority required by the Constitution, a proposal to further increase the rate of taxation for a given year or years beyond the rate previously authorized by popular vote for said year or years. Should a proposal for further increase in the rate fail to get the necessary majority required, the rate existing at the time of said vote on the proposed further increase is not repealed thereby, but continues in effect for the term previously authorized by vote.

A resident of one school district who is employed as a full time teacher in another school district can serve in the position of school board member in the district in which he resides without violating the provisions of the Conflict of Interest Law, Sections 105.450 to 105.495, RSMo Supp. 1967.

Opinion letter to the Honorable John E. Parrish

Opinion letter to Mr. George J. Eckmann

Opinion letter to the Honorable Joe D. Holt

Opinion letter to the Honorable L. Carver

Opinion letter to the Honorable Alvin B. Walker

Opinion letter to Mr. Hubert Wheeler

1. The commissioners of a special road district organized under the provisions of Section 233.170, RSMo 1959, and located within a fourth class county do not have the authority to make street improvements within an incorporated city of the fourth class. 2. A county court in a fourth class county is authorized to expend money derived from the special road and bridge tax levy under Section 137.555, RSMo 1959, or from the general revenue tax where such is available on the repair and upkeep of city streets in a fourth class city located within a special road district where such city streets form a part of a continuous county road system, but it cannot spend money on a bridge located within a special road district, whether said bridge lies within or without city limits.

Third class city with existing sewer and disposal plant may establish general sewer system under 88.832 RSMo 1959, and the city council may levy the tax authorized thereunder. Such tax may be in excess of the constitutional limit for general municipal purposes.

The County Court of Callaway County may properly reimburse the County Clerk for expenses actually and necessarily incurred by him in performing official duties required to be performed under the County Registration Law (Chapter 114, RSMo.).

Section 168.116 of House Bill 120 of the General Assembly which will become a law if approved by the Governor is constitutional and forbids only those activities by a school teacher included in the management of a campaign for the election or defeat of a member or members of a board of education by which he is employed.

A motor vehicle designed and assembled as construction equipment prior to sale at retail is exempt from registration.

A motor vehicle designed as a passenger carrying vehicle but regularly used to transport freight and merchandise is required to be registered as a commercial motor vehicle.

Opinion letter to the Honorable Haskell Holman

Opinion letter to Mr. Howard L. McFadden

A nursing home district may not annex territory of another nursing home district.

Supreme Court Rule 33.02 controls the execution of search warrants. By allowing execution by "peace officers," it thus authorizes officers of a municipal police department in cities of the third class to execute search warrants.

A corporation organized under "The General and Business Corporation Law of Missouri," Chapter 351, RSMo 1959, may have as a purpose the practice of architecture and professional engineering. A corporation organized pursuant to "The Professional Corporation Law of Missouri," Chapter 356, RSMo Supp. 1967, may also have as a purpose the practice of architecture and professional engineering. A corporation organized pursuant to either of the above mentioned chapters must have a certificate of authority issued by the State Board of Registration for Architects and Professional Engineers before it may solicit, offer and render architectural or professional engineering services in this state. It is not necessary for the Board to revoke or cancel the certificate of authority of a corporation organized pursuant to Chapter 356 if that corporation should elect to continue doing business under Chapter 351.

A duly appointed magistrate clerk continues to hold office in the interim following the death of the appointing magistrate and until the appointment of a clerk by a magistrate appointed by the governor to fill the vacancy and that the clerk is entitled to compensation for such period.

Opinion letter to the Honorable Ted Salveter

Opinion letter to the Honorable Lawrence J. Lee

Sections 436.010 through 436.080, RSMo Supp. 1967, neither prohibit nor authorize the sale of credit life insurance in connection with installment purchases of prearranged funeral plans. Sales of such insurance policies are permitted, provided that all statutory requirements relating to the sale of such insurance are met. Sections 436.010 through 436.080 govern the handling and investing of money collected only under prearranged funeral plans entered into after the effective date of those sections, October 13, 1965.