Missouri AG Opinions — 1968

Opinion letter to the Honorable James C. Kirkpatrick

Opinion letter to the Honorable Robert D. Scharz

The National Senior Citizens Benevolent Association is engaging in the business of insurance in the State of Missouri. The Articles of Agreement and the Contributing Death Benefit Certificate clearly show that the purpose of this association is to provide insurance for its members in fact, if not in name.

Opinion letter to the Honorable Jerry Graves

When the voters approve registration under Chapter 116, the county clerk should commence the registration processes as soon as is reasonably possible. Under Section 116.050, the county clerk has the discretion to designate the number and places of temporary registration as provided by statute. The city councils determine the precincts. In order to register, the voters must apply for registration at the clerk's office or such places of temporary registration as the clerk may designate.

Opinion letter to the Honorable Thomas W. Shannon

Opinion letter to the Honorable J. Anthony Dill

Since the assessed valuation of DeKalb County was determined to be more than $20,000,000 by the State Tax Commission in its complete report dated December 31, 1966, the Prosecuting Attorney of DeKalb County is entitled to the compensation authorized by Section 56.291, RSMo Cum. Supp. 1965, for counties with an assessed valuation of more than $20,000,000 for services performed on or after January 1, 1967.

Senate Bill No. 166 of the General Assembly does not prevent existing school districts from changing their boundaries under the provisions of Section 162.431, RSMo Supp. 1965.

(1) Warrant may be issued on a complaint without information in fourth class city unless offense is traffic offense. (2) Warrant cannot be issued for traffic offense without information in fourth class city. (3) Not necessary for city attorney in fourth class city be present in court in absence of an ordinance.

Private citizen may arrest without warrant for felony or petty larceny committed in his presence.

Tax monies raised under Section 137.555, RSMo 1959, can only be spent for use on county roads and bridges, but may not be spent on bridges within a special road district. Expenditure of these funds is limited to those purposes specified by statute.

There is no act of nepotism in the appointing by the prosecuting attorney as his secretary the daughter of a county judge. The act of nepotism arises from the fact that the appointing officer who "names or appoints the employee" is, himself, related to the employee within the prohibited degree defined by statute. Inasmuch as there is no private business action which is involved where a prosecuting attorney appoints as secretary a woman who is the daughter of a county judge, there is no violation of the conflict of interest statutes found in Sections 105.450 to and including 105.495, RSMo Supp. 1965. The "principles of public policy" are not violated by the appointing by a prosecuting attorney as his secretary the daughter of a county judge.

The Commissioner of Finance may process first either the application first received or the application first completed. He may exercise his discretion as to which will be processed first without prejudice to either party.

Points assessed for failure to wear helmet.

Opinion letter to the Honorable Charles L. Bailey

The requirements of Section 57.220, RSMo, requiring that the number of deputy sheriffs in a second class county be not less than one chief deputy sheriff and one additional deputy for each five thousand inhabitants of the county, are met by the appointment of a chief deputy, five “full-time” deputies and four “half- time” deputies in a second class county with a population of 42,020.

It is the opinion of this office that territory annexed to a third class city which maintains a free public library supported by taxation pursuant to annexation proceedings pending on October 13, 1965, ceases to be a part of a county library district in which such territory was located prior to such annexation and becomes part of the municipal library district.

Public Water Supply District No. 1 in St. Louis County, including only unincorporated territories of the county, organized under Sections 247.010 to 247.220, RSMo 1959, can set up plumbing code regulations which are incident and necessary to the operation of the water district. However, such regulations cannot abrogate or contradict any of the provisions of the existing county plumbing code which has been adopted by the St. Louis County Council pursuant to the Constitutional Charter of St. Louis County and Sections 341.090 to 341.220, RSMo 1959.

The specific provisions of No. 77, General Assembly, as to sanitation in slaughterhouses must be regarded as an exception to, or qualification of, the general provision of Chapter 196, RSMo 1959, and that by the enactment of 77 the legislature intended to place in the Department of Agriculture exclusive jurisdiction to prescribe rules and regulations with respect to sanitary practices in all commercial plants at which livestock or poultry are slaughtered, or at which meat or meat products are processed for human consumption, and did not intend to subject those who are so regulated to duplicate supervision by the Division of Health.

Opinion letter to the Honorable Raymond Howard

Circuit clerk recorder in third class county not required under Section 137.117 to notify county assessor of court decrees in quiet title suits.

Contract for seal coating state highways with asphalt not subject to Prevailing Wage Law. Contract for application of layer of asphalt and aggregate three-eighths of inch thick subject to Prevailing Wage Law.

Opinion letter to the Honorable Dan Bollow

A city and a county can jointly erect a common jail. A county can house city prisoners and charge the city therefor. The governing body of a county or the sheriff can contract with a town to use the town's jail.

Opinion letter to the Honorable Carl D. Gum

Opinion letter to the Honorable Frank L. Mickelson

The intent of the legislature expressed in Section 380.490, RSMo 1959, is to limit the sale of fire and lightning insurance by Farmers’ Mutual Companies to “. . . . counties in which they are organized, and in adjoining counties and in counties of which a county line of said county is not more than one mile distant from the county line in which said mutual insurance company is organized.” A Farmers Mutual selling fire and lightning insurance in any other county violates such law.

Certification of Application by Missouri State Board of Education for federal grant under Title V, Elementary and Secondary Education Act of 1965, PL 89-10.

Opinion letter to Mr. Joseph M. Rowley

Certification of State Application for Participation in Title Elementary and Secondary Education Act of 1965 as amended by PL 90-247 grants for supplementary education centers and services.

Opinion letter to the Honorable Richard J. Blanck

Opinion letter to the Honorable Clifford A. Falzone

In the absence of a county health commissioner, the county court has no power to prepare regulations with regard to dog control for protection against rabies.

Opinion letter to the Missouri State Board of Accountancy

The order of commitment of a delinquent juvenile must be made in accordance with jurisdiction conferred by the legislature. Such an order seeking to limit the period of commitment to the time when the child committed reaches eighteen years of age is invalid and cannot be applied because the controlling statutes require that all such commitments be for an indeterminate period.

Opinion letter to the Honorable R. D. “Pete” Rodgers

The county court is not authorized to increase the salaries of county officers on the basis of common knowledge of an increase of population in the county since the last decennial census of the United States was taken in 1960. The salaries of such officers must be ascertained solely on the basis of the 1960 decennial census of the United States until January 1, 1971, the date that the 1970 census becomes effective.

Female employees of a business office of a construction company fall within the purview of Section 290.040, RSMo Supp. 1967, prohibiting certain establishments from employing female labor for a longer period than nine hours in one day or fifty-four hours in one week.

Opinion letter to the Honorable Will W. Davis

A fourth class city can legally engage in the operation of an intra-city bus system and can make use of surplus city funds if additional revenue would be required.

County court of non-township organization county cannot, under provisions of Section 231.010, RSMo 1959, change boundaries of the special benefit assessment road districts of county, organized under Sections 233.170 to 233.315, RSMo 1959, taking territory from first district and adding same to common road district of county, and taking territory from such common road district and adding it to said second district.