Missouri AG Opinions — 1967

Sales tax may not be assessed upon the sale of steam used for heating purposes.

Person claiming bounty for killing wild animals must personally subscribe to oath before county clerk.

A census taken by a fourth class city pursuant to Section 81.030, RSMo 1959, has the legal force and effect of a federal decennial census under Section 82.020, RSMo 1959, for the purposes of a determination of the population or number of inhabitants required for adoption of a Charter form of government under Article VI, Section 19, of the Constitution.

Opinion letter to the Honorable Kenneth J. Rothman

The Missouri Fair Employment Practices Act does not negate nor supplant the Nine-hour Law and related statutes.

State Welfare Department is required to prepare public assistance budget of income and expenses in determining need for aid to the blind.

Opinion letter to the Honorable Thomas A. Walsh

Opinion letter to the Honorable Thomas D. Graham

The City of Sedalia cannot undertake to construct a park four miles outside its corporate limits.

Opinion letter to the Honorable William R. Clark

Missouri Commission on Higher Education is empowered and authorized to receive and utilize federal grants under the Federal Higher Education Facilities Comprehensive Planning Grants Program.

By virtue of Article , Section 9, Missouri Constitution, it is unlawful for a person to hold the position of member or alternate member of a County Agricultural Stabilization Committee Board and at the same time hold the office of collector, trustee or assessor of a township in this state.

Opinion letter to the Honorable Fielding Potashnick

School Board Member who votes to employ relative violates constitutional nepotism provision. Violator forfeits his office.

Third class city may sell water to other cities and to individuals beyond its corporate limits. Such city may not own facilities beyond its corporate limits to deliver such water. Such sales are not subject to jurisdiction of Public Service Commission. Third class city may not sell gas beyond its corporate limits. This opinion does not apply to cities having combined waterworks and sewerage systems which fall within the provisions of Section 250.190, RSMo.

Opinion letter to the Honorable Melvin D. Benitz

Opinion letter to Mr. James L. Paul

Opinion letter to the Honorable William H. Bruce, Jr.

Opinion letter to Mr. Robert L. Hyder

Fees for services rendered under Grain Warehouse Law shall be set by Commissioner of Agriculture to produce sufficient revenues to meet the expenses of administering the law.

Opinion letter to the Honorable James Millan

(1) The State Highway Department does not have authority to use State Highway funds for the purpose of making surveys and tests for the establishment of an airport in Lake Ozark State Park. (2) The State Highway Commission does have authority to expend State Highway funds for the purpose of relocating a highway located in a State Park caused by the location of an airport therein.

It is mandatory that a fourth class county pay cost of foster home care.

Articles of Incorporation of American Patriot Life Insurance Company.

Pursuant to Section 483.485, RSMo Cum. Supp. 1965, a county court determines the need for additional employees of a magistrate court and also determines the amount of salary to be paid from the county funds.

County voter registration under Chapter 114, RSMo, does not apply to voters living outside Springfield voting for county superintendent of schools or the school election.

Only one assistant prosecuting attorney may be appointed in third and fourth class counties.

A county hospital established under the provisions contained in Sections 205.160 to 205.340 RSMo 1959 is governed by the requirements of Section 50.540, RSMo Cum. Supp., 1965, to the extent that the hospital board must submit its budget to the budget officer, but that said budget is not subject to revision as provided in Section 50.610 RSMo Supp., 1965.

A public water supply district organized under the provisions of Chapter 247, RSMo 1959, is a “political subdivision” within the meaning of that term as used in Section 39 (10), Article , Constitution of Missouri 1945, and such districts are not subject to sales or use tax for the purchase of materials or equipment made directly by the district out of its funds to be owned exclusively by and for the exclusive use of the district.

A representative in the 1967 Legislature ( General Assembly) is qualified under Article , Section 4 of the Constitution to represent a district any part of which is within the county in which the representative resides.

Where only one school district would be under the jurisdiction of a county board of education, the board of education of that school district should serve as the county board of education as provided by Section 162.113, RSMo Supp. 1965.

Liquor that has been consumed does not come within the meaning of the word “possession” as used in Sections 311.325, RSMo 1959, and 312.407, RSMo Supp. 1965.