Missouri AG Opinions — 1974

A member of the board of trustees of a city hospital of a third class city established pursuant to the provisions of Sections 96.150, RSMo et seq., may be removed under the procedures provided by Section 77.340, RSMo. Such trustees being city officers within the meaning of Section 77.400, RSMo, are within the conflict of interest provisions of Section 77.470, RSMo.

Any balance remaining in a school district's free textbook fund after textbooks are furnished to all eligible pupils as required in Section 170.051, RSMo 1969, as amended, may be transferred to the teachers' fund as required by Section 165.011, subsection 2, RSMo 1969, without conflicting with the restriction on commingling free textbook funds with the public school fund as set forth in subsection 7 of Section 170.051, Seventy-Sixth General Assembly, Second Regular Session.

Opinion letter to the Honorable Harold Dickson

Opinion letter to the Honorable Don Manford

(1) The five-year additional parole period provided in Section 195.221, RSMo Supp. 1971, does not apply to persons convicted under Section 195.240, RSMo Supp. 1971, of selling, giving or delivering apparatus for the unauthorized use of controlled substances. (2) The parole of individuals convicted under Section 195.240, RSMo Supp. 1971, for selling, giving or delivering apparatus for the unauthorized use of a controlled substance should be governed by the provision of Chapter 549, RSMo 1969.

A third class city located in a county which does not have a board of election commissioners may designate the number of election precincts within the boundaries of the municipality.

Opinion letter to the Honorable David Q. Reed

Opinion letter to the Honorable James C. Kirkpatrick

Opinion letter to the Honorable Jack Gallego

A physical examination, in order to qualify as an examination raising the statutory presumption of evidence provided in Section 87.006, RSMo 1969, must be a medical examination given by a qualified physician which is directed to the detection of disease of the lungs or respiratory tract, hypotension, hypertension or disease of the heart, such that the examination, with reasonable medical certainty, will reveal the absence of disease of the lungs or respiratory tract, hypotension, hypertension or disease of the heart.

Opinion letter to the Honorable William J. Cason

Opinion letter to the Honorable Charles M. LeCompte

1. If one spouse who is eligible to receive a property tax credit under Sections 135.010 through 135.030, RSMo Supp. 1973, dies before the end of the calendar year for which the credit is to be claimed, the surviving spouse is entitled to credit only if such surviving spouse can personally fulfill the requirements for claiming a credit as an individual. Specifically, the surviving spouse must have attained the age of sixty-five on or before the last day of the calendar year for which the credit is claimed. 2. The personal representative of a deceased person who was eligible to claim the tax credit is entitled to receive the credit, if the deceased person survived to the end of the year for which the credit is claimed, unless the credit is properly claimed by the deceased person’s surviving spouse.

The notice requirements for special school elections set out in Section 162.061, RSMo 1969, are satisfied by official notices published twenty-five and eighteen days before an election.

Opinion letter to Dr. Arthur L. Mallory

The amount of compensation to be allowed a county clerk in a third class county to employ deputies and assistants under Section 51.450, RSMo 1969, is determined by compensation of the county clerk as provided in Section 51.300, RSMo Supp. 1973, and the compensation provided under Section 51.310, RSMo Supp. 1973, is not included.

Opinion letter to the Honorable Larry R. Marshall

With respect to the Solid Waste Management Law, Senate Bill No. 387, General Assembly [Sections 260.200-260.245, RSMo Supp. 1973], cities and counties are required to provide for the collection and disposal of solid wastes including industrial wastes and may contract for such collection and disposal. Service charges may be imposed if not already imposed under some other law although such charges must be billed and collected directly by the cities or counties. General revenue of the city and federal revenue sharing funds may also be expended for such purposes.

The Joint Resolution (House Committee Substitute for Senate Concurrent Resolution, No. 2, House Journal First Extra Session, Sixteenth Day) of the Missouri General Assembly purporting to regulate parking facilities on the Capitol grounds and in the Capitol garage is invalid to the extent that it conflicts with the statutory authority of the Office of Administration to regulate parking upon the Capitol grounds but is valid to the extent that it regulates parking in the facility whose construction was authorized by House Bill No. 75 (Laws 1961, p. 568). Said resolution, not having the force and effect of law and being administrative in nature is not required to be approved by the Governor and is not precluded from adoption in a special session.

Taxes may be levied by the governing body of a county on behalf of a fire protection district at the time required by law for levy of taxes for county purposes, whether or not the board of such district has certified its rate of levy to the county governing body by May 15. The tax may be imposed for a full year, although the district in question was formed after January 1.

The expungement of records authorized by Section 195.290, RSMo Supp. 1971, requires the physical destruction of such records.

Opinion letter to the Honorable Sue S. Shear

Under the provisions of Section 20(a) of Article of the Missouri Constitution, the first extraordinary session of the General Assembly will be automatically adjourned sine die at midnight, Friday, February 1, 1974, unless it has adjourned sine die prior thereto.

(1) Each county having federal flood control lands should assess the federal property in each school and road district in the county on the same basis as if it were privately owned, (2) the allocation of federal leaseback funds among the eligible districts should be based on the hypothetical tax yield of the federal property in each district, and not on a simple acreage basis, (3) the money should be distributed to the several districts by the county court as soon as the proper allocation has been computed, (4) a school or road district may bring a mandamus action against its county court to compel the distribution of the leaseback funds, and (5) a junior college district is eligible to receive federal flood control leaseback funds on the same basis as other school districts in the county.

Opinion letter to Harold P. , M.D.

A nursing home operated by hospital trustees in conjunction with a hospital organized under Section 205.160, RSMo, is a "related facility" within the provisions of Section 1 of House Bill No. 1262, General Assembly, and revenue bonds issued under such bill may be used for the construction, improvement, and repair of such combined hospital and nursing facility. Nursing homes which are governed by the county court under Section 205.375, RSMo, may be constructed and equipped by the issuance of revenue bonds under that section but not under House Bill No. 1262.

The Board of Curators of the University of Missouri may assume responsibility for operation of the Residence Center in Independence currently operated by Central Missouri State University and the Center may be operated as a part of the University of Missouri at Kansas City at the discretion of the curators.

The State Board of Education may invest money accruing to or currently in the public school fund pursuant to Article IX, Section 5 of the Missouri Constitution without first securing an appropriation from the General Assembly, the State Board of Education may sell securities held by the public school fund before those securities mature, and it may sell those securities at less than their original cost to the fund if a portion of the interest received from the securities purchased with the proceeds is devoted to replenishment of the principal of the fund.

Only certain activities of sawmills and stave mills constitute manufacturing. The cutting of logs into various lengths and widths, the subsequent air or kiln drying of this lumber, and the planning of lumber for boards, without further finishing for specific product adaptations, do not constitute manufacturing. Other commercially useful by-products of this process, such as chips and sawdust are not manufactured articles. The foregoing activities are processing and are not encompassed by the sales tax exemptions of Section 144.030.3(3) and (4), RSMo 1969, that exempt from the imposition of sales or use tax machinery and equipment replacing equipment used directly for manufacturing or fabricating a product, or machinery and equipment purchased for direct use in manufacturing, mining or fabricating a product. In cases in which a substantial transformation of the original raw material occurs, such as the milling of bolts to produce barrel and heading staves, manufacturing occurs. The machinery used in such an operation is exempt from sales tax, pursuant to Section 144.030.3(3) and (4), RSMo 1969, if it is used directly in manufacturing a product which is intended to be sold ultimately for final use or consumption.

Opinion letter to the Honorable Phil H. Snowden

Opinion letter to the Honorable Skelton

A school district may use school tax money to pay the membership fees and dues in service organizations for school administrators and teachers as part of their compensation. However, the payments may not begin during the term of an employment contract already in effect, but only at the beginning of a new contractual term.

Opinion letter to the Honorable James I. Spainhower

Opinion letter to the Honorable Larry R. Marshall

A city may place restrictions upon the use of proceeds from a city sales tax by an ordinance which is referred to a vote of the people, but such restrictions may be altered by the governing body of the city, after the ordinance has been adopted, without a subsequent vote of the people.

The Personnel Advisory Board of Missouri has the authority to authorize, by rule, that appointments under the merit system may be made at a rate of pay higher than the minimum for the class depending on bona fide recruitment needs which may vary according to location.

Opinion letter to the Honorable Charles J. Becker

Opinion letter to the Honorable James A. Noland , Jr.

Opinion letter to the Honorable Robert Fowler

Opinion letter to the Honorable Max Patten

Opinion letter to Mr. George M. Camp

Election challengers or watchers may not be appointed for an election conducted by a six-director school district except in St. Louis County. Where a school election is held jointly with an election for which challengers or watchers may properly be appointed, however, those challengers or watchers may challenge voters in the school election as well as the other election.

Opinion letter to the Honorable Donald L. Manford

Constitutional charter cities come within the provisions of the State and Local Records Law, Sections 109.200 et seq., V.A.M.S.

Opinion letter to the Honorable John Twitty

Opinion letter to the Honorable Robert E. Young

The proceeds of the sale of any property forfeited to the state pursuant to Section 195.145, RSMo 1969, and sold at public or private sale, should, after payment of the cost of storage, if any, and the cost of the proceedings of the case, be paid into the county school fund.

The provision in the Omnibus State Reorganization Act of 1974 (S.B. 1) which purports to give authority to the Committee on State Fiscal Affairs and the Commissioner of Administration to “alter” the purpose of appropriations is unconstitutional in violation of Article IV, Section 28 and Article , Sections 21 through 33, Constitution of Missouri. Similar language in appropriation bills is also unconstitutional in violation of Article , Section 23, Constitution of Missouri.

Language in an appropriation bill for "personal service" such as Section 16.070, CCSHB No. 1016, passed by the General Assembly, which provides "Any monies accrued due to vacancies or delayed pay increases must be lapsed." is legislating in an appropriation bill and is unconstitutional in violation of Article , Section 23, Constitution of Missouri. Such language is severable and the appropriated sums for personal service are valid.

Section 414.150, RSMo, which makes it unlawful for any person to offer fuel products for sale in any manner so as to tend to deceive the purchaser as to the nature, quality, and identity of the product or under any name except the true trade name is not applicable to fuel allocations made by the Missouri Fuel Allocation Board.