Missouri AG Opinions — 1969

Opinion letter to the Honorable Edward Stone

A county court is authorized to expend such amount of tax revenues raised to create a bond service fund for the county’s unissued hospital bonds as is needed to pay obligations incurred in furtherance of the purpose for which the bonds were authorized. Tax proceeds so expended must be replaced as soon as the hospital bonds are issued. A county court is authorized to replace these bonds with the bond proceeds.

Opinion letter to the Honorable Harold J. Esser

Opinion letter to the Honorable Harold L. Volkmer

Section 304.265, RSMo, makes unlawful the operation by a member of the Missouri National Guard of trucks and truck-tractor trailers in possession of the Missouri National Guard unless such vehicles are equipped with rear fenders or mud flaps, regardless of whether the vehicles are owned by the State of Missouri or the United States.

A tenant, is not eligible to be appointed to the office of commissioner in a municipal housing project created under provisions of Chapter 99, RSMo 1959.

A county court may use the road and bridge fund to purchase real estate in the county for the purpose of storing machinery used to keep up and build county roads and bridges.

A county hospital organized under the provisions of Section 205.160, RSMo, et seq., may contract with the county court of the county wherein they are located for such ambulance services as the hospital board of trustees deem necessary and appropriate to the needs of the hospital and the hospital board of trustees may likewise as a part of such contract provide facilities for the housing of the ambulance vehicles.

Opinion letter to the Honorable Edward Stone

(1) A county operating an ambulance service under Section 67.300, RSMo Supp. 1967, may submit to the voters, under Section 137.065, RSMo 1959, a proposed increase in county revenue tax for the maintenance of such service; (2) A fourth class city operating an ambulance service under Section 67.300, RSMo Supp. 1967, may levy a special tax to pay for such service under the provisions of Section 94.260, RSMo 1959; (3) The electors of a fourth class city may vote an increase in the rate of taxation under Section 94.250, RSMo 1959, to finance an ambulance service authorized by Section 67.300, RSMo Supp. 1967.

County must bear expense of authorized photographic reproduction and destruction of probate court records.

Residence requirements for a commissioner of the Kansas City Area Transportation District Authority as the representative of a particular county are met by a person who is legally entitled to vote in such county. Voting residence depends on the intent of an individual and such intent is determined by his acts as well as his statements.

Revenues under section 262.500 to 262.540 RSMo 1959, are under the Budget Law. These revenues must be divided into separate funds–one for premiums which is not a revolving fund. The remaining fund may be used for premiums or for fairgrounds unless the latter use is required in the tax election proposition. Surplus from any year may be used only for premiums or advertising.

(1) A county court can enter into a contract with an individual agreeing to pay such individual not to exceed $5,000 during a year for ambulance services for which the individual is unable to collect from persons for whom he has furnished ambulance service if such individual submits said claims to county court for the amounts he is unable to collect. (2) The county court of a third class county does not have the authority to make a deposit of county funds in an individual's name, allowing him to draw upon said account for payment of ambulance services for the amount he is unable to collect from persons for whom he has furnished ambulance service.

Opinion letter to Dr. Ben Morton

Opinion letter to the Honorable A.J. Seier

Opinion letter to Robert L. Hyder , .

Opinion letter to the Honorable William R. Royster

Opinion letter to the Honorable James C. Kirkpatrick

Opinion letter to the Honorable James C. Kirkpatrick

Opinion letter to the Honorable James C. Kirkpatrick

Opinion letter to the Honorable James C. Kirkpatrick

Opinion letter to the Honorable James C. Kirkpatrick

Opinion letter to the Honorable James C. Kirkpatrick

Commission may establish position of Director, having general charge and supervision of state highway department, and may determine qualifications. Provisions of Section 226.040, RSMo 1959, relating to "chief engineer" are not effective to limit this authority.

Opinion letter to the Honorable Dexter D. Davis

(1) The state does not have the power under Chapter 203, RSMo, to force a municipality to pass an ordinance on air pollution; (2) if a municipality does not enact an ordinance on air pollution, the individual council members are not in violation of state law and cannot be punished in regard thereto; (3) if city ordinances are passed in regard to air pollution the city must apply for an exemption from the Missouri Air Conservation Commission under Section 203.150(1), RSMo Supp. 1967, before such ordinances can be enforced; if an exemption is granted but such ordinances are not being enforced the exemption will be revoked under the provisions of Section 203.150(4), RSMo Supp. 1967, but no other penalties can be inflicted upon either the municipality or the city councilmen by the Air Conservation Commission.

The Clay County Court is authorized to expend county funds to meet the necessary expenses incurred by the Clay County Charter Commission in the performance of its official duties. Necessary expenses do not include fees for professional advice and services meals consumed, clothing depleted or commutation expenses incurred by commission members. Nor may the county use its fund in any way to compensate members of the commission for their services.

(1) School districts may form and contribute funds to a voluntary association consisting of several school districts, provided that the activities of the association are within the powers of the participating school districts. (2) An association so formed may employ and compensate a person with the title of executive director, out of funds contributed by the participating districts. (3) The said association may take part in activities in support of or in opposition to legislation affecting the participating school districts.

Opinion letter to the Honorable John Crow

Opinion letter to the Honorable James C. Kirkpatrick

Section 278.290, RSMo Supp. 1967, which requires a waiting period of more than five years for disestablishment of Watershed Protection and Flood Prevention Subdistricts has no application to the disestablishment of Soil and Water Conservation Districts; disestablishment of such districts is governed solely by Section 278.150, RSMo Supp. 1967, which permits disestablishment at any time.

(1) The Board of Education of the Chillicothe R-2 School District is the " Chillicothe School Committee" as the term is used in the will of Florence Pendleton . (2) A public school board may act as trustee of a charitable trust, the purpose of which is an authorized function of the school district. (3) A public school district by use of private trust funds may promote the continuing education of its residents through non-interest loans for higher education. (4) Where a public school district is the trustee of a charitable trust, discriminatory limitations on the trust based on race, religion, national origin, or sex are void and unenforceable. However, such invalid provisions do not void a trust where the intent of the testator, as seen from the will itself, is to create a charitable trust in any event; but such trust is to be enforced without regard to the invalid provisions.

Opinion letter to the Honorable Earl L. Schlef

The Boone County Court, in the exercise of its control of the fiscal affairs of the County has authority to reimburse the County Civil Defense Director for all actual and necessary travel expenses incurred in the performance of public duties, which would include travel to attend civil defense conferences outside the political subdivision and outside the State of Missouri.

Review and certification of State Application (June 18, 1969) to Participate in Title of Public Law 89-10, (Public Law 90-247, Section 131, Amendments to Title of the Elementary and Secondary Education Act of 1965).

Opinion letter to the Honorable Charles E. Valier

Opinion letter to the Honorable Lawrence J. Lee

The State Auditor is required under law to audit the Office of the State Treasurer at least once annually and is required to examine and post-audit the Department of Revenue not less than once every two years.

Members of the Missouri State Highway Patrol, with the exception of the director of radio and radio personnel, are authorized by Sections 43.195 and 564.443, RSMo Supp. 1967, to arrest without a warrant for a misdemeanor not committed in their presence, upon reasonable grounds, for the offenses mentioned in these statutes. The one and one-half hour limitation imposed by Section 564.443, RSMo Supp. 1967, does apply to arrests for violations of Section 564.440, RSMo Supp. 1967 (driving while intoxicated) but does not apply to arrests for all other motor vehicle law violations under Section 43.195, RSMo Supp. 1967.

Independence, a Constitutional Charter City is not prevented by state law from empowering the Chief of Police to commission reserve policemen.

The Governor can designate a person to perform the duties of the office of the head of an executive department, such person not being appointed to the office or claiming title to the office. Such person can perform the duties of the office until such time as the office is properly filled by a qualified person duly appointed.

In dividing county into county court judge districts contiguously located, and as near equal in population as practicable, under Section 49.010, RSMo 1959, county court in equalizing population of districts is required by Section 1.100, RSMo 1959, to use last preceding census report of United States for county.

Opinion letter to the Honorable Herman Julien

Opinion letter to the Honorable A. J. Seier

Entering into a contract of employment by the Circuit Clerk with a bank where the Circuit Clerk's account is on deposit is a violation of Section 105.495, RSMo Cum. Supp. 1967, a section of the conflict of interest law.

The circuit clerk of a second class county is not entitled to any fee or salary other than his regular salary for acting as clerk of the juvenile court.

Review and certification of State Plan of State Board of Education under the Vocational Education Act of 1963, as amended.

Review and, certification of application of the State Board of Education for Grant under Title V of the Elementary and Secondary Education Act of 1965, P.L. 89-10, as amended.

Opinion letter to the Honorable James E. Godfrey