Missouri AG Opinions — 1971

1. That a city in a drainage district organized under Chapter 242, RSMo, is not exempt from the maintenance tax levied by the board of supervisors of the district. 2. That a board of supervisors of such drainage district may charge for the privilege of allowing the overflow from a city’s sewage lagoon to spill into the drainage ditch if the drainage from the sewage lagoon did not exist when the drainage district was organized.

Opinion letter to the Honorable Ray S. James

Pursuant to the provisions of subsection 3 of Section 104.380, RSMo 1969, an individual electing to retire as a member of the Missouri State Legislature is not entitled to a refund of contributions made by said member as an employee of the state prior to six years service as a member of the legislature.

Opinion letter to the Honorable E. J. Cantrell

Opinion letter to the Honorable Bill J. Crigler

Determining the proper arch support needed to make a shoe fit properly and placing such support in the shoe does not constitute the practice of podiatry by a shoe salesman.

A public water supply district organized under the provisions of Sections 247.010 to 247.220, RSMo 1969, and a city having a waterworks system are authorized under Section 16 of Article VI of the Missouri Constitution and Sections 70.210, RSMo 1969 et seq. to enter into a cooperative agreement for the joint development and financing of a common water supply source.

The provisions of Section 148.110, RSMo 1969, do not contravene any provision of the Constitution of Missouri and are valid.

Opinion letter to the Honorable Charles E. Valier

Where real estate is conveyed to a nonprofit organization, and is inhabited as a residence by the grantor by virtue of a retained life estate, or by other persons by virtue of a lease from the non-profit organization, the real estate is not exempt from taxation under Article X, Section 6 of the Constitution of Missouri and Section 137.100, RSMo 1969. Where the entire fee is subject to taxation, the leasehold is included in the value of the fee, and the lessor is liable for the tax. Where a life estate is retained and the entire fee is taxed, the life tenant has the duty of paying the tax.

A teacher who served eleven years in a school district from 1954 through 1965, before leaving the employment of that district, and who returned to the district four years later in 1969, and who was reemployed for two successive years after returning, qualified as a permanent teacher prior to leaving the employment of the district and, therefore reemployment for the first school year did not constitute an indefinite contract but when the teacher was employed for the succeeding year, the employment constituted an indefinite contract, pursuant to Section 168.104(4), RSMo 1969.

The Missouri Water Pollution Board does not have the authority to require as a condition of a permit for the construction and operation of a water treatment facility which will at present meet the requirements of Chapter 204, RSMo, the Missouri Water Pollution Law, the posting of financial security to ensure future treatment facilities when such additional facilities will be required.

An additional magistrate created under the provisions of Section 482.010, RSMo 1969, does not become a regular magistrate under said section when the county becomes entitled to another regular magistrate because of an increase in the number of the inhabitants of the county. When the county becomes entitled to a second magistrate because of a population increase indicated by the 1970 census, the governor has the authority to appoint a regular magistrate on or after July 1, 1971, who serves until the next general election. If such regular magistrate is not appointed, the temporary magistrate has authority to continue to act until a regular magistrate is chosen at the next general election and duly qualifies and takes office. The regular magistrate elected at the November 1972 general election holds office for an unexpired term ending December 31, 1974.

Opinion letter to Mr. Howard L. McFadden

Opinion letter to Mr. Harvey D. Shell, P.E.

Opinion letter to Mr. Joseph Jaeger, Jr. and the Honorable Hardin C.

Opinion letter to Mr. Joseph Jaeger, Jr.

Opinion letter to the Honorable Corley Thompson, Jr.

The cost of preparation and publishing the financial statement as required in Section 50.800 and 50.810, RSMo 1969, is to be paid by the county and the cost thereof not to be pro-rated to the various funds.

(1) The board of trustees of a county hospital may not purchase liability insurance to cover their own negligence, as they are protected by sovereign immunity. (2) The county hospital board of trustees may authorize the purchase of liability insurance covering the negligence of the employees of a county hospital as a form of compensation. (3) The board of trustees of a county hospital does not waive its sovereign immunity by the purchase of a liability insurance policy covering its employees.

Opinion letter to James A. Mertz , D.C.

A third class county may levy taxes and issue bonds (but not revenue bonds) for the purposes of acquiring land and equipment and maintaining a county dumping ground. The levy may be over the maximum rate allowed by Section 137.065(1), RSMo 1969, if the provisions of Section 137.065(2), RSMo 1969, are complied with.

Opinion letter to the Honorable Joe A. Johnson

Opinion letter to the Honorable John W. Briscoe

1. A fire protection district may provide emergency assistance and first aid even though emergency ambulance service is not established under Section 321.225 RSMo 1969. 2. The board of directors of a fire protection district organized prior to October 13, 1969, under Section 321.510 to 321.715 RSMo 1959 as amended, continue in office until the expiration of their terms and no successors shall be elected for the two members whose terms first expire. 3. The board of directors should certify the tax levy as provided under Section 321.250 RSMo 1969 to the county court of each county in which the fire protection district is located and the taxes should be collected by the officials whose duty it is to collect taxes for such counties.

The sale by Old Warson Country Club of tickets for admission to the Ryder Cup Golf Tournament is an isolated or occasional sale not subject to Missouri Sales Tax because the tournament is the first ever held by the club to which admission is charged and no future tournaments of this kind are planned or expected to be held.

Opinion letter to the Honorable Richard M. Webster

Subsection 3 of the Division of Insurance’s Regulation 3.11, which defines “replacement of life insurance” is in compliance with Section 374.045(1), (3), RSMo 1969, because such regulation is reasonably related to Section 375.936(5), RSMo 1969.

A junior college district located partly or wholly within or adjacent to Clark National Forest in the county in which such forest is located is eligible under Section 12.070, RSMo 1969, to share in the funds received by the state from the federal government pursuant to the National Forest Reserve Act.

Opinion letter to the Honorable Arlie H. Meyer

Opinion letter to the Honorable Ellis Young

In school districts in which a school board is authorized by Section 168.191, RSMo 1969, to enter into a contract with a superintendent of schools for the school district for a period of not to exceed three years, Section 38(a) of Article , and Section 39(3) of Article , Missouri Constitution, prohibit such school board and the superintendent from terminating a partially performed three year contract and executing a new three year contract providing for the performance of the same duties at a greater compensation when the only reason for so doing is to increase the superintendent's compensation before the expiration of the current contract.

Opinion letter to the Honorable E. Hunter

A six-director school district in the State of Missouri may contract with a private or parochial transportation system to provide the transportation services which the board is authorized to furnish pursuant to Section 167.231, RSMo 1969.

Candidates who file as "independent" candidates in the primary election appear under the designation "nonpartisan" on the primary election ballot; and if they are successful in being nominated at the primary election, they appear under the designation "nonpartisan" on the general election ballot. Candidates who are nominated by petition appear under the designation of the party name shown on the petition. A candidate nominated by petition as an "independent" candidate would appear under the "independent" designation.

Opinion letter to the Honorable Alden S. Lance

Opinion letter to the Honorable Don Randall

When absentee ballots omit the name of a candidate of one party for an office and contain in place of such name, the name of another individual, who is not a candidate, that all straight party ballots of that particular party are to be counted as if the ballots contained the correct name of the candidate.

Opinion letter to Mr. Joseph Jaeger, Jr.

Opinion letter to the Honorable James E. Godfrey

Opinion letter to the Honorable Samuel J. Short, Jr.

1. The State Board of Chiropractic Examiners has the authority not to renew a license to practice chiropractic for non-compliance with the two-day educational requirement or non-payment of the ten dollar annual renewal fee as required by subsection 2 of Section 331.050, RSMo 1969. 2. If there are other allegations or complaints which justify disciplinary action against a licensee, the State Board of Chiropractic Examiners must file a complaint with the Administrative Hearing Commission as provided in Section 161.282, RSMo 1969.

Opinion letter to the Honorable W. Clifton Banta , Jr.

Opinion letter to the Honorable Walter L. Meyer

The county court of a second class county has a ministerial duty to renew a license once issued under the County Option Dumping Law, on the tender by the licensee of the annual fee of twenty-five dollars, (1) To renew a license to operate a disposal area under the County Option Dumping Law, which has initially complied with the application procedure set out in Section 64.467, and 64.470(1), and (2) the licensee need but pay the annual fee of twenty-five dollars.

The State Highway Commission cannot include in contracts for highway construction involving federal aid a provision as to wage determination by the Missouri Department of Labor and Industrial Relations during the period of the suspension of the Davis-Bacon Act and related federal acts pursuant to the presidential proclamation of February 23, 1971.

Opinion letter to Mr. William F. Moore

Municipalities have no authority to establish vehicular weight or size regulations imposing greater restrictions than state law.

Opinion letter to the Honorable James N. Foley

Opinion letter to Mr. Walter G. Sartorius