Missouri AG Opinions — 1969

Statutes imposing liability on first and second class cities for riot damage do not apply to Constitutional Charter City.

Custodian of House has control only over offices of members and of rooms on the third and fourth floors of West side of the Capitol.

Revenue derived from a county tax levy under Section 137.555, RSMo can be used only for road and bridge purposes and, therefore, cannot be expended for Jackson County Sewer District purposes.

The City of Rolla may, if approved by the voters, levy and collect an additional twenty cents special tax for recreational purposes under Section 64.755, RSMo Supp. 1967, in addition to a tax levy of eighty cents for municipal purposes under Section 94.060, RSMo 1959, and twenty cents for park purposes under Section 90.500, RSMo Supp. 1967.

County clerks, boards of election commissioners or other proper election officials are not required to designate tax supported public buildings to be used as polling places under the provisions of Section 111.257 RSMo. Supp. 1967.

Proposed "Indemnity Agreement" in which restaurant operators operating under franchise from common franchisor pay into a fund for the purpose of indemnifying each other against specified losses constitutes "insurance contract" which may not be entered into without complying with insurance laws of the State of Missouri.

Opinion letter to the Honorable L.M. Garner, M.D., M.P.H.

Opinion letter to the Honorable Max B. Benne

It is the opinion of this office that pharmacists are exempt from jury duty, under the provisions of Section 338.160, RSMo.

Overtime compensation can be paid by the Missouri State Highway Commission to maintenance employees who are required to work overtime for snow and ice removal and for other emergency highway work such as repair or reconstruction of washed out bridges.

The financial reports required by Section 105.470, RSMo Supp 1967, should disclose all expenditures made to, or in behalf of, a member of the General Assembly for the purposes of attempting to influence the passage or defeat of legislation by the General Assembly. It is further the opinion of this office that such financial reports need not include the amounts received by persons to be used by them for the purpose of attempting to influence the passage or defeat of legislation by the General Assembly, but need only list the actual expenditures made by these persons for the stated purpose. The salaries of these persons need not be reported.

The records concerning motor vehicle registration are public records under Section 301.350, RSMo 1959 and Section 109.180, RSMo Supp. 1967, and shall be kept open to public inspection during reasonable business hours.

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

Opinion letter to the Honorable Thomas D. Graham

The Jefferson City Library Board is not authorized to pay lease rentals on buildings from the funds derived from a tax levy to erect public library buildings.

Opinion letter to Mr. Gene Sally

If only the presiding judge and one other judge of the County Court are present, the presiding judge may proceed to hire an employee for the county although the other judge votes against such hiring. When all judges are present, and one judge is disqualified to act by reason of his relationship to a prospective employee, the presiding judge may hire said employee although the other judge may vote against said hiring.

The courts have no authority to grant limited or hardship driving privileges to any individual whose license has been revoked for a second conviction for driving while intoxicated under §564.440, RSMo Supp. 1967.

Referral selling operation described herein in which the purchaser participant is involved in earning some of his commissions through the enrollment of other purchasers is nevertheless a lottery.

An unincorporated area incorporating as a first class city cannot at the same time adopt a charter form of government, but may hold elections to present the question of adoption of a charter only after organizing as a first class city.

Opinion letter to the Honorable Robert L. Prange

Opinion letter to the Honorable Charles S. Broomfield

Opinion letter to the Honorable R. Jaynes

That Section 564.444 RSMo Supp. 1967, is civil in nature. Supreme Court Rule 41.02 is explicit in directing that the Rules of Civil Procedure shall govern civil practice and procedure in the Circuit Courts. The Rules of Civil Procedure provide for change of venue and appeal. It is our opinion that the Director of Revenue can apply for a change of venue or take an appeal in accordance with the provisions of the Rules of Civil Procedure in matters of judicial review of an order of revocation of a drivers license because of refusal to submit to a breath test issued under the provisions of Section 564.444.

Opinion letter to Mr. Edwin M. Bode

A Missouri domiciled life insurance company organized under the provisions of Sections 376.010 through 376.675, RSMo, is not permitted to use the common stock of a wholly-owned subsidiary which has been organized or acquired pursuant to the provisions of Section 375.355, RSMo Supp. 1967, as a special deposit required under Section 376.170, RSMo 1959.

1. If the weight on a tandem axle does not exceed thirty-two thousand (32,000) pounds but the weight on one of the axles in the tandem group exceeds eighteen thousand (18,000) pounds there is a violation of Section 304.180, RSMo Cum. Supp. 1967. 2. Any one axle, however, positioned or attached, may not exceed the weight of eighteen thousand (18,000) pounds prescribed for a single axle. 3. A weight limitation of eighteen thousand (18,000) pounds on a single axle of a tandem group is not in conflict with or in excess of that permitted under the provisions of Section 127 of Title 23 of the United States Code (public law 85-767, Congress). 4. A holding that, under Section 304.180, the weight of any one axle of a tandem group can lawfully exceed eighteen thousand (18,000) pounds would render the State of Missouri ineligible for apportionment of future interstate funds under Section 108(b) of the Federal Aid Highway Act of 1956.

That part of Rule 16.4(b) of the Personnel Advisory Board which provides that only physicians may verify certificates of sick leave for state employees is invalid, and to carry out the intention of the legislature the rule should also provide that a chiropractor is legally qualified to verify the certificate required for sick leave resulting from an illness he is legally authorized to treat.

1. The power of a public school board to employ teachers includes the discretion to grant temporary leaves of absence with or without pay subject to the limitations of other applicable laws. 2. Leave of absence must be set out in writing and incorporated in the employment contract between the board and the teacher. The leave cannot be a gratuity, but must be in exchange for service rendered by the teacher during the contract period. 3. Leave agreements by school boards of St. Louis County must be in accord with requirements of Sections 168.191, RSMo Supp. 1967, which limits the terms of teaching contracts. 4. Public school teachers’ retirement system contributions under Section 169.010, et seq., RSMo should be calculated during the teacher’s leave of absence in the same manner as contributions are calculated during periods of actual service. 5. A temporary leave of absence of a teacher employed on a regular full-time basis does not affect the eligibility of the school district for state aid known as “Teacher Preparation Allowance” under subsection 2 of Section 163.031, RSMo Supp. 1967.

A proposed amendment to a Jefferson City ordinance providing for an increase in pension payments to retired Jefferson City firemen would be in violation of Section 13, Article I, of the Missouri Constitution, if such action would involve taking a portion of the existing retirement fund to pay the increase to retired members.

An unsatisfied judgment of a magistrate court warrants suspension of driving privileges of the defendant until it is satisfied, released, or until a period of ten years expires after rendition or revival of said judgment or from the date of the last payment on the judgment. Failure of the plaintiff to revive such judgment after three years in no way affects the suspension of driving privileges contemplated by the Motor Vehicle Safety Responsibility Law.

Opinion letter to the Honorable Eugene F. Mazzuca

Opinion letter to the Honorable Eugene F. Mazzuca

Opinion letter to the Honorable Richard J. Blanck

Opinion letter to the Honorable Walter E. Allen

The right of the County Auditor to payment of the additional compensation provided by Section 55.097, RSMo Cum. Supp., is conditioned upon the actual performance of the duties imposed by Section 55.175, RSMo Supp. 1967, including the making of an annual audit of the accounts and records of the county health center, county planning and zoning commission and the county building commission. In counties where these facilities do not exist, the auditor cannot meet the conditions imposed by the statute and therefore cannot acquire a right to payment of the additional compensation provided in Section 55.097.

Opinion letter to the Honorable Albert F. Turner

Opinion letter to the Honorable Winston V. Buford

Opinion letter to the Honorable Harry Wiggins

Opinion letter to the Honorable Lawrence J. Lee

Opinion letter to the Honorable Thomas A. Walsh

Filing of declaration of taking and deposit of estimated compensation in court vests title to land in United States government under Federal condemnation law (40 U.S.C.A. § 258 a) so as to remove land from tax rolls in succeeding calendar year.

It is the opinion of this office that a privately owned vehicle, used in transporting emergency equipment such as iron lungs, oxygen and other emergency equipment, responding to emergency calls by doctors is not an ambulance or other emergency vehicle within the meaning of Section 304.022, RSMo 1959. Consequently, it may not display a red light or use a siren on such vehicle.

The three remaining members of the Board of Directors of the St. Louis County Water Supply District No. 2 should call a special election to fill the vacancies caused by the resignation of two members more than six months prior to the expiration of their terms.

Section. 482.120, RSMo, relating to the appointment of a judge of the magistrate court by the judge of the circuit court, and Section 451.180 relating to the appointment of a special probate judge by the Governor, are in conflict with Supreme Court Rule 11.05, which provides that the Supreme Court of Missouri make transfers to the probate and magistrate courts, and are null and void. A de facto judge appointed under either such section is not entitled to the compensation provided for the office. The de jure judge holding said office is entitled to the emoluments of the office.

Opinion letter to Mr. Carl D. Gum

Regulation No. 15(k) of the Supervisor of Liquor Control of Missouri prohibits any licensee from having any "Bingo" device upon his licensed premises.

County liable for benefits to public roads in drainage or levee districts.

Opinion letter to Mr. George W. Flexsenhar

Graduation from or completion of courses offered by the Police Academy of Metropolitan St. Louis Police Department does not fulfill the requirements of Section 66.250, RSMo Supp. 1967.