Missouri AG Opinions — 1966

Warrants issued by a Circuit Court Drainage District organized under Chapter 242, RSMo 1959, are valid if provisions thereof are met.

Opinion letter to the Honorable Thomas A. David

The office of county auditor in Cape Girardeau County will not exist until January 1, 1967. The Governor may make an appointment after that date to fill the vacancy.

The representative of Christian Scientists who attempts to influence legislation is regulated by Section 105.470 RSMo Cum. Supp. 1965.

Employees of the junior college districts are not members of the Non-Teacher School Employee Retirement System (Sections 169.600 – 169.710, RSMo. Supp. 1965).

Section 72.085, RSMo Cum. Supp. 1965 provides an alternative method of incorporating cities in First and Second Class Counties having charter form of government.

A conviction for operating a motor vehicle without headlights or taillights or with no stop or brake lights or with defective or inadequate brakes is for a violation of a vehicle equipment provision and is excepted from the assessment of points under Section 302.302-1 (1).

Money apportioned to County as provided by Article IV, Section 30 (a), Constitution of Missouri, may not be expended on roads or streets under the jurisdiction or control of Belton , Missouri.

A farm owner cannot require the state or a county to share the cost of building fences pursuant to the fencing statutes.

The property of a private non-profit corporation organized to provide low rent housing for the aged is not exempt from real and personal property taxes under Section 137.100, RSMo, if the rentals exceed the operating and maintenance costs of the corporation.

When a municipal library district becomes part of a county library district, pursuant to Section 182.030 RSMo 1959, beginning date of next fiscal year of the county library district following election in said municipal library district favoring merger, will be effective date of merger of such library districts.

Opinion letter to the Honorable William H. Bruce

With respect to judicial circuits comprising two or more counties, none of which is a county of the second class, unless the county courts of all such counties order an increase of the salary of the circuit judge, none of the counties may lawfully pay any salary in addition to the annual salary of $16,000 payable by the state. No lesser or greater amount than $3,000 can be paid to such judge by the counties composing such circuit.

The County Court is not required to deliver road machinery to a special road district unless the territory was in a pre-existing road district.

Opinion letter to the Honorable Daniel V. O’ Brien

The Mayor of Third Class City who is President, Director and Stockholder of bank in which city funds are deposited violates Sec. 77.470 RSMo 1959. Section 105.490 RSMo Cum. Supp. 1965 is violated by said conflict of interest.; A mayor of a third class city has no lawful authority to appoint a member of the board of trustees of a special road district formed under Sections 233.010 to 233.165 RSMo 1959, and an attempted appointment of such an officer is void.; A mayor of a third class city who attempts to name himself to the office of member of the board of trustees of the city-owned hospital, is guilty of a violation of public policy and such attempted appointment is void.

Election precincts in the City of St. Louis may be established according to the number of registered voters rather than the population of an area.

Opinion letter to the Honorable G. Andy Runge

Opinion letter to Mr. Howard J. Turnbull

A mental examination granted a defendant under the provisions of Section 552.030, RSMo. Supp. 1965, by a physician of his own choosing and subsequent to the examination of the physician appointed by the court, is an examination incurred on behalf of the defendant and neither such examination nor subsequent testimony in the case may be taxed as costs against the State.

The reasonable expenses of “commitment” or “confinement” of an accused for observation in a State mental hospital pursuant to examination under Section 552.020, RSMo. Supp. 1965, or under Section 552.030, RSMo. Supp. 1965, relating respectively to fitness to proceed and mental disease or defect excluding responsibility in criminal proceedings, may be taxed as costs of prosecution under the provisions of Section 552.080, RSMo. Supp. 1965, Subsection 1(1).

A state representative may serve as real property appraiser for the Probate Court in Jackson County, without violating any state statute or Article , Section 12 of the Missouri Constitution.

Opinion letter to the Honorable James Millan

Sec. 51.150, RSMo Cum. Supp. 1965, applies to the City of St. Louis. The registrar of the City of St. Louis is authorized to perform the duties of County Clerk as provided by Sec. 51.150, supra.

(1) School boards have the power to provide for the education of residents under five years of age. (2) Except as to those entitled to admittance as a matter of right, school boards have the power to regulate admittance ages. (3) As prescribed by Section 177.031, RSMo. Supp. 1965, school boards have the power to permit the free use of school buildings and facilities for prekindergarten programs. (4) School districts have the power to contract and cooperate with the Federal Government or its agencies or with a community action organization for the purpose of conducting prekindergarten programs under the Economic Opportunity Act and/or the Elementary and Secondary Education Act. (5) Article , Section 38(a), Missouri Constitution 1945, authorizes school boards to receive Federal monies and to conduct prekindergarten programs as designated by the Federal Economic Opportunity Act and the Elementary and Secondary Education Act.

County collectors are entitled to charge to and collect from persons paying merchants and manufacturers taxes that become delinquent January 1, 1966, and January 1 each year thereafter the two per cent commission allowed for the collection of delinquent and back taxes pursuant to Section 52.290 RSMo, in addition to the interest and penalties provided by Senate Bill No. 356, 73 rd General Assembly, Section 150.235 RSMo Cum. Supp. 1965.

Photocopies of a security agreement or financing statement containing the photocopied signatures of both parties is entitled to be filed of record providing it meets all the other requirements of the Code and the proper fee is tendered. The Secretary of State should accept all instruments for filing where the instrument meets the formal requirements of the Code and administratively reject those that do not meet the requirements of the Code.

Opinion letter to Mr. G. L. Donahoe

Opinion letter to the Honorable John C. Vaughn

Nonresident military personnel having personal property in Missouri can obtain a certificate of no tax due from the county collector. The collector, in the exercise of his discretion and judgment determines whether such military personnel is a bona fide nonresident within the purview of Section 301.025, RSMo 1959.

The amount of money available to County Clerks in Third Class Counties under Section 51.450, RSMo Cum. Supp. 1965, for deputies and assistance does not have to be prorated but the entire amount may be used during the year 1965.

Foreign insurance company cannot be authorized to do business under name same as or similar to existing domestic or foreign insurance company.

The revocation of the operator’s license of one who has refused to take a chemical breath test as provided in Sections 564.441 and 564.444, RSMo Supp., 1965, may not be rescinded except for those reasons set out in paragraph 2 of Section 564.444 and is not affected by a subsequent finding of not guilty of a charge of driving while intoxicated under Section 564.440, RSMo Supp., 1965.

Lessee of personal property is guilty of stealing personal property where, with the required specific intent, he fails to return the property at the time and place required by the lease.

When vacancy exists, which will not be filled in office of county superintendent of schools of third class county, County Court of such county may, in its discretion, by following procedure of Section 205.850 RSMo 1959, appoint a county superintendent of public welfare, who shall assume all powers and duties of school attendance officer of said county.

Sheriff’s mileage incurred in returning an escaped felon from without the state is not taxable as criminal costs to be paid by the state.

1. Freight transport motor vehicles are limited by Sec. 304.170 Cum Sup 1965 to the lengths herein explained.; 2. The combination of vehicles referred to in Fig. 6 is not a “ driveaway operation”.; 3. The authority of the Highway Commission under Sec. 304.170 Cum Supp 1965 is limited to designating highways on which vehicles not to exceed 65 feet may operate.

Opinion letter to Colonel E. I. Hockaday

Opinion letter to the Honorable T. Jones

Opinion letter to the Honorable Paul E. Williams

Opinion letter to the Honorable David Thomas

Opinion letter to the Honorable Robert Devoy

(1) The proposals of the St. Louis County Auditor that the St. Louis County Treasurer (1) provide the Data Processing Department with a beginning check number and (2) that the Treasurer incorporate the records produced by another department into his register, would both violate the statutory duties of the Treasurer.

The St. Louis Court of Criminal Correction has concurrent jurisdiction with the Circuit Courts of the City of St. Louis to hear applications and to grant hardship driving privileges under the terms and conditions specified in Section 302.309-3, RSMo. Supp. 1965.

Opinion letter to the Honorable James L. Paul

(1) A junior college district has the power to provide adult basic education for residents without regard to age; (2) Junior college districts are authorized to provide adult education gratuitously out of revenues derived by the school district from sources other than those described in Article IX, Section 3, of the State Constitution, and only with revenues which are not required for the establishing and maintaining of free public schools for persons between the ages of 6 and 20 years; (3) Junior college districts can contact and cooperate with the Federal Government and provide a local matching share in cash for adult basic education programs under the Economic Opportunity Act of 1964; (4) A junior college district may accept donations of money which are given to provide for the financing of an adult basic education program.

Pursuant to Section 304.230, RSMo. Cum. Supp. 1965, on roads other than the federal interstate system of highways, a truck operator is permitted to shift the weight on an overloaded axle or axle group in such a way as not to overload any axle or axles without being charged with a violation, even though this be accomplished without removing or redistributing any part of the cargo on the truck; provided that an operator is guilty of a violation who thereafter intentionally shifts the weight in any manner so as to over load any axle or axles.

City council is unauthorized to convey real estate, legal title of which is in board of trustees of city library for use and benefit of library. When board of trustees of city library uses library tax funds to purchase real estate to be used for library purposes, deed of conveyance should be to board of trustees.

Hospital district pays election expense for election of members of hospital board and election for bond issue of district.

Pursuant to Section 478.013, RSMo. Cum. Supp. 1965, (1) it is mandatory that the circuit judge or judges of a judicial circuit composed of two or more counties, one of which is a county of the second class, shall each receive $3,000 payable by the counties composing the circuit, with each county contributing a proportionate part thereof, determined by the ratio that the population that each county bears to the population of the entire circuit; (2) the judge or judges of a circuit composed of or within a single county are not entitled to receive any greater annual compensation than $19,000, including such part as may be paid by such county.