Missouri AG Opinions — 1964

Opinion letter to the Honorable Daniel V. O’ Brien

Opinion letter to the Honorable Bill D. Burlison

Opinion letter to the Honorable Joe R. Ellis

(1) A person charged under statute before its repeal may be tried thereunder after its repeal. However, the maximum punishment cannot exceed that imposable under the new statute (Section 564.440, RSMo Cum. Supp. 1963), and the minimum punishment may be imposed under the repealed statute (Section 564.460, RSMo 1959).; (2) Felony convictions for obtained prior to October 13, 1963, may be pleaded and proved against a defendant to punish him as a subsequent offender under Section 564.440, RSMo Cum. Supp. 1963.; (3) The information or complaint should recite the necessary elements of and the prior convictions should be pleaded in the same manner as priors under Section 556.280, RSMo 1959.

Nursing home district may not issue bonds up to ten per cent of value of taxable tangible property in such district. Nursing home districts may issue bonds to an amount of five per cent of the value of the taxable tangible property in such district.

Opinion letter to the Honorable Brunson Hollingsworth

Municipal housing authority subject to Chapter 99, RSMo 1959, not liable for ad valorem taxes assessed and levied, but not collected, on property it condemns, and such property may not be sold for such taxes.

Members of Board of Cosmetology cannot be compensated for conducting examinations.

When two banks having state depository contracts consolidate, unnecessary to execute depository contract with consolidated bank.

Articles of Incorporation of First American Security Life Insurance Company

Opinion letter to the Honorable Robert B. Paden

When, does the present terms of the County Board of Education of a third class County expire, under the provisions of paragraph four (4) of the new section 165.657?; In third class Counties with two (2) County Court Districts, and under the provisions of paragraph five of said statute, may the voters in one County Court District vote on candidates in the other County Court District? Does the Legislature have the power to terminate or shorten the term of a properly elected and serving County School Board member?

Any person who is convicted of operating a motor vehicle in an intoxicated condition, Section 564.440, RSMo Sum.Supp. 1963, and who was previously convicted of violating Section 564.440, RSMo 1959, shall be punished as a subsequent offender under the applicable provision of Section 564.440 RSMo Cum.Supp. 1963.

Articles of Incorporation of Republic States Life Insurance Company

Opinion letter to the Honorable M. E. Morris

Opinion letter to Mr. John W. Ridgeway

Opinion letter to the Honorable Charles P. Moll

County courts do not have authority to regulate time standards to be used in the county. County court is without power to order or conduct an election for adopting a uniform time standard for the county.

Recorder of deeds of trust of third-class county keeping marginal release of deeds of trust record receiving additional compensation of one thousand dollars per year therefor, under Section 59.255, RSMo 1959, and who adopts microfilming for recording all instruments, as provided by Section 109.120(3), RSMo Cum. Supp. 1963, is not relieved of duty to keep marginal release of deeds of trust record. He shall continue keeping said record and receiving compensation therefor, as long as all previously nonmicrofilm -recorded deeds of trust capable of release by marginal entry remain unsatisfied of record. When all such deeds of trust have been satisfied of record, recorder shall cease to keep marginal release of deeds of trust and shall not be paid any further compensation for keeping said record.

In school districts organized under Sections 165.377-165.553 having a population of 75,000 – 200,000 where a city political committee does not exist, nominations of candidates for school directors must be made under Section 165.470 (3), RSMo 1959, i.e., by petition in the manner provided by Sections 120.180 – 120.230 RSMo. The school board of school districts organized under Sections 165.377 – 165.553 having a population of 75,000 – 200,000 have no authority to set forth by rule a method for nominating school board members. In school districts organized under Section 165.377 – 165.553, the school director election must be held in April 1964, even though no city political committee exists.

Section 144.025, Cum. Supp 1963 applies to every retail sale involving a trade-in allowance, regardless of whether the person seeking to avail himself of the trade-in allowance had actually paid tax on the traded-in property.

Opinion letter to the Honorable Charles G. Hyler

Opinion letter to the Honorable Joe R. Ellis

Counties are not authorized to give a specific percentage or a specific amount of motor fuel tax moneys to a special road district to be expended as such district sees fit.

It is not part of the official duties of a county highway engineer to design and supervise the construction of bridges built by a special road district organized under the provisions of Sections 233.010 to 233.165, RSMo. The county highway engineer may be employed and compensated by such special road district to design and supervise the construction of a bridge to be built by such special road district.

Opinion letter to the Honorable Ronald M. Belt

The Collector of St. Louis County in collection of Fire Protection District taxes should deduct a commission of one per cent of such taxes.

Articles of Incorporation of Great Missouri Life Insurance Company.

Opinion letter to Mr. William E. Siebert

Licensing of school buses under Section 301.060 (9), RSMo

Articles of Incorporation of Ozark National Life Insurance Company.

Opinion letter to the Honorable James G. Lauderdale

Opinion letter to the Honorable John B. Mitchell

Opinion letter to Mr. William A. McDonnell

(1) Federal, state and county lands are not to be considered in calculating the percentage of agreements necessary to carry out recommended soil conservation measures and proper farm plans from owners of not less than sixty-five percent of the lands situated in the subdistrict required by Section 278.250, Cum. Supp. 1963; (2) The subdistrict levy under Section 278.250, supra, is to be assessed only upon real estate; (3) Under Section 278.170, Cum. Supp. 1963, the real estate in incorporated towns and cities may be included in a subdistrict and taxed; (4) For a city resident to vote in the referendum provided by Section 278.200, RSMo 1959, he must qualify as a land representative which is defined in Section 278.070, Cum. Supp. 1963; and (5) Incorporated towns and cities are not included in watershed subdistricts organized prior to October 13, 1963.

In a fourth class city the office of elected marshal is abolished when a chief of police is appointed, the appointment being authorized by ordinance enacted pursuant to a vote of the people under provisions of Section 79.050, RSMo.

An employee of the Missouri Commission on Higher Education is not eligible for membership in the University of Missouri Retirement Plan. However, he must become a member of the Missouri State Employees’ Retirement System at the time of his employment with the Commission.

Opinion letter to the Honorable A. M. Spradling , Jr.

The public administrator is an elected county official and must file with the county clerk a certified list of all fees received for performance of his statutory duties as provided by Section 51.150, paragraphs (5) and (6), RSMo Supp. 1963.

Peace Corps Volunteers may vote absentee ballots even though not registered.

Prosecuting Attorney has not further jurisdiction over criminal case erroneously commenced in his county, but transferred by Circuit Court to proper county in which crime was committed.

Notice of levy for income taxes under workmen’s compensation.

The term “debt service” as used in Section 161.095, RSMo 1963 Supp., refers only to the indebtedness of the high school attended and the indebtedness of other schools is not included within this term.

Opinion letter to the Honorable David Thomas

Opinion letter to Mr. Austin Hill

Opinion letter to the Honorable Herman G.

Opinion letter to the Honorable Kennard L. Fenton

Opinion letter to the Honorable J. E. Schellhorn