Missouri AG Opinions — 1972

In order for a person to be eligible to file as a candidate for the office of state senator in a district in which such office will be filled at the November 7, 1972 general election, he must have been a resident of such district for one year prior to the November 7, 1972 election date.

Opinion letter to the Honorable Donald L. Manford

An account receivable held by a parent corporation evidencing an obligation of a subsidiary corporation, is intangible personal property as defined by Section 146.010, RSMo 1969. The proceeds received by the parent corporation constitute "yield" as that term is used in Section 146.010. Therefore, such parent corporation holding the legal or equitable title or beneficial interest in intangible personal property is subject to the property tax imposed by Chapter 146, RSMo.

The University of Missouri is subject to the imposition of a sales tax by a municipality on sales made by the University. If the University is delinquent only on payments owed to the city, the city must bring an appropriate action to collect the tax.

Paragraph 2 of Section 494.020, RSMo Supp. 1971, renders any person who has served as a member of a grand jury panel prior to the effective date of the statute and within ten years next preceding his selection ineligible for service as a grand juror and such statute is constitutional.

Section 51.310, House Bill No. 484 of the General Assembly, effective September 28, 1971, relative to compensation for certain county clerks for duties performed by them under Section 51.121, RSMo 1969, relating to a survey of voters, provides for an increase in compensation during the term of such officers in violation of Section 13 of Article of the Missouri Constitution and is not effective during such officers’ terms.

Missouri State Board of Mediation is not precluded from mediating dispute in industry subject to federal labor relations statutes, pursuant to Section 295.080, RSMo 1969, unless Federal Mediation and Conciliation Service actually assumes jurisdiction by proffering its services.

Opinion letter to Mr. John C. Vaughn

Opinion letter to the Honorable William S. Brandom

A regional planning commission organized under the provisions of Sections 251.150, RSMo 1969 et seq., is advisory to the governmental units in the region and does not have authority to exercise the legislative functions of local government although the participating municipalities may, under Sections 89.010, RSMo 1969 et seq., adopt planning and zoning as recommended by the commission. Such a regional planning commission has no authority to enter into an agreement with municipalities to enforce municipal codes.

The boundaries of a "polling place" are determined by the perimeter of the area actually occupied by the election personnel, supplies, and equipment of the place at which the voters cast their ballots. Where a room is fully occupied, the walls of the room define this perimeter . Where less than the total area of an enclosure is occupied, the perimeter of the area actually occupied defines the boundaries.

Opinion letter to the Honorable J. Anthony Dill

The St. John Levee and Drainage District, a circuit court drainage district of New Madrid and Mississippi Counties, Missouri, has statutory authority to give assurances to the Department of Army as are required by the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.

1. The State Highway Commission may not utilize state road or highway fund moneys to defray the cost of the administration of a system of permits for the regulation of outdoor advertising. 2. The adoption of the permit system by the State Highway Commission is mandatory under Section 226.550, RSMo Supp. 1971. 3. Regulations for a permit system for outdoor advertising need not be adopted by the State Highway Commission and filed with the Secretary of State prior to such system’s becoming effective. 4. Section 226.550, RSMo Supp. 1971, provides that permits be issued on a one-time basis. 5. Permits are specifically required only for the outdoor advertising specified in Section 226.520(5), RSMo 1969. Pre-existing signs that come within this provision are subject to permit regulation. Other pre-existing and non-conforming signs, subject to removal under Sections 226.560 and 226.580, RSMo 1969, need not obtain permits. 6. Section 226.550, RSMo Supp. 1971, refers to subparagraph (5) of Section 226.520, RSMo 1969. Therefore, outdoor advertising located in unzoned commercial or industrial areas, as defined and determined pursuant to Sections 226.500 to 226.600, RSMo 1969, is required to have a permit.

Upon a third class county becoming a second class county, pursuant to Chapter 48, RSMo 1969, the alternative form of government, i.e., township organization, if previously adopted, automatically ceases to exist.

Opinion letter to the Honorable Richard M. Webster

A candidate cannot have the nickname "Judge" appear before his name, or in parenthesis in his name, on the ballot because such nickname is a descriptive appellation.

Opinion letter to the Honorable James C. Kirkpatrick

Under the provisions of Sections 120.770 and 120.340, RSMo 1969, a candidate for the office of committeeman who is not a resident of the ward for which he files is not eligible to have his name placed on the ballot.

Opinion letter to the Honorable Floyd E. Lawson

Opinion letter to the Honorable Robert H. Branom