Missouri Attorney General Opinions

Opinion letter to Mr. Theodore L. Johnson,

Persons holding licenses for the sale of intoxicating liquor by the drink and those holding licenses for the sale of malt liquor only are eligible for “Sunday sale” licenses under Section 311.097, RSMo Supp. 1975.

The Department of Public Safety, Missouri Council on Criminal Justice, although it does not have the authority to determine the number of and the geographical boundaries of regional criminal justice planning units which have been established by cooperative agreement by and between political subdivisions of the State of Missouri pursuant to the provisions of Section 70.220, RSMo 1969, can choose not to recognize the regional planning units as they presently exist, and is not required by state law to make federal money available to those presently existing regional criminal justice planning units for law enforcement planning purposes.

The board of supervisors of a drainage district organized in the circuit court under provisions of Chapter 242, RSMo, may levy a tax for organizational purposes at different times provided that the total taxes levied for this purpose do not exceed the sum of one dollar per acre for each acre of land within the district.

The legislature is not prohibited by Article IX, Section 9(a), Constitution of Missouri, when appropriating from general revenue to the Board of Curators for the University of Missouri, from specifying amounts for each campus.

A fourth class city board of aldermen which has, with the approval of the voters, provided for the appointment of a chief of police under the provisions of Section 79.050, RSMo, has the authority to repeal such ordinance without approval of the voters and to reestablish the office of city marshal.

Pursuant to Article IV, Section 51, Constitution of Missouri, persons appointed by the Governor to administrative boards and commissions of the state, including persons appointed to the Board of Curators of the University of Missouri, which appointments were made while the Senate was not in session, but which appointments require confirmation by the Senate, cease to hold office after thirty days from the date the Senate next convened, if the Senate fails to act on said appointments and thereby did not give its advice and consent within thirty days after the Senate convened in special or regular session.

Opinion letter to Mr. Robert H. Daugherty

Opinion letter to Mr. Kenneth Karch

Opinion letter to Mr. James Walsh

Opinion letter to Mr. . Kenneth Carnes

Section 56.280, RSMo Supp. 1975, relating to the compensation of prosecuting attorneys in counties of the third and fourth classes, does not repeal the provisions for additional compensation for such prosecuting attorneys under Sections 56.285 and 56.291, RSMo, and the prosecuting attorneys of such counties are entitled to compensation based on all such sections.

(1) Section 563.374, RSMo 1969 would not prohibit the printing of advertisements or other promotional material in Missouri for use in consumer sweepstakes conducted outside this state when the printed material is shipped directly to the out-of-state locations. (2) Section 563.430, RSMo 1969 and Section 563.440, RSMo 1969 do not apply to or prohibit the printing of advertisements or promotional material in Missouri for use in consumer sweepstakes conducted outside the state when the printed material is shipped directly to the out-of-state locations.

Opinion letter to The Honorable C. E. Hamilton, Jr.

A Deputy Director of Revenue, appointed pursuant to Section 1.6(6) of the Omnibus State Reorganization Act, Appendix B, RSMo Cum. Supp. 1975, can hold such office and legally exercise all powers of the Director of Revenue for a period not to exceed six consecutive months in the event the Director of Revenue should resign.

Opinion letter to Dr. Arthur L. Mallory

The county court of a third class county not under township organization form of government may appoint one road overseer for two common road districts.

McDonald County is liable for any unpaid balance due the prosecuting attorney of McDonald County as salary provided for by statute for the years 1975 and 1976 without regard as to whether such salary was budgeted by the county court during such years.

A corporation, incorporated for the purpose of farming and the ownership of agricultural land in Missouri, whose shares of voting stock are wholly owned and held by a family farm corporation, as defined by Section 350.010(5), RSMo Supp. 1975, is neither a “family farm corporation” nor an “authorized farm corporation” within the meaning of Section 350.010(2) or (5), respectively. It is our further opinion that the subsidiary corporation referred to above, which owned agricultural land and operated said land as a farm prior to September 28, 1975, may continue to engage in farming and acquire agricultural land in Missouri within the limitations imposed by Section 350.015(3). We are of the further opinion that the subsidiary corporation referred to above must file an annual report, giving the information required by Sections 350.020.1 and 350.020.4, with the Director of the Missouri Department of Agriculture.

A county assessor in a third class county may appoint such clerks and deputies as he deems necessary subject to the approval of the county court.

The civil jurisdiction of the magistrate courts, including the magistrate courts in the City of St. Louis, is provided for in Section 482.090 as amended by C.C.S.H.B. Nos. 1317 and 1098, General Assembly, Second Regular Session, in the maximum amount of $5,000.

The word “bridge,” as used in Section 242.350, RSMo, includes “culvert”; and drainage districts organized under the provisions of Chapter 242, RSMo, may utilize culverts rather than bridges where the drainage ditches of the district cross public roads.

A credit union in possession is not required to pay for the operating expense and compensation of a regular employee of the Division of Credit Unions who, as a part of his official duties, is operating the credit union in possession on behalf of the Director of the Division of Credit Unions.

Opinion letter to Dr. Arthur L. Mallory

Opinion letter to Dr. Arthur L. Mallory

An incumbent magistrate judge who is presently over 76 years of age is required under the provisions of Section 476.458, RSMo Supp. 1976, to retire December 31, 1978, the end of his term.

The term “prosecuting attorney” referred to in the last sentence of Section 58.715, RSMo Supp. 1975, means, as applied to the City of St. Louis, the circuit attorney of the City of St. Louis. The duties of the sheriff which are prescribed by law for coroners are to be carried out by the circuit attorney of the City of St. Louis in case of a vacancy in the office of the sheriff of the City of St. Louis.

Section 117.011, RSMo, which prohibits the sale of a schoolhouse or school site until another site and house are provided does not apply to a six-director school district which proposes to sell two of its six elementary schools.

Monies received by the State Anatomical Board are to be deposited in the state treasury. Expenditures are to be made by such board from appropriations by the General Assembly.

Opinion letter to the Honorable James Millan

None of the commissions provided for collectors of third and fourth class counties not having township organization under the provisions of the subsections of Section 52.260, RSMo Supp. 1975, apply to the collection of current delinquent taxes and such collectors are entitled to only the commissions provided in Section 52.290, RSMo, for collecting such taxes.

Opinion letter to the Honorable James C. Kirkpatrick

In cases where the boundaries of a municipal library district do not encompass the entire city in which it is located, the trustees of the municipal library district must be residents of such district.

The requirements of Section 379.120, RSMo Supp. 1975, apply to insurers canceling automobile insurance policies which have been in effect for less than sixty days.

The Division of Corrections may not deposit the personal funds of inmates in a savings account in a bank and then use the interest generated therefrom to pay the maintenance costs of such an account and to deposit the remainder in an inmate canteen fund.

Chapter 303, RSMo, requires the Director of Revenue to suspend a person's driver's license and registration upon receipt of a certified copy of a final judgment pursuant to Sections 303.090, 303.100, and 303.110, RSMo 1969, when said judgment is rendered against that person by a court of competent jurisdiction of any state or of the United States as a result of a claim for damages arising out of the ownership, maintenance, or use of any motor vehicle. There is no statutory requirement that the injury giving rise to said claim must either occur in this state or on the public highways and streets of this state.

State funds may lawfully be distributed to public school districts in order to defray part of the cost of transporting children to and from public schools.

Opinion letter to the Honorable E. Hunter, Jr.

Opinion letter to the Honorable George Dames

Opinion letter to Mr. J. Nielsen

Opinion letter to Dr. Arthur L. Mallory

Opinion letter to Mr. Raymond M. Weber

1. The Director of Public Safety has the authority to approve or disapprove the use of the Deceleration Alert System on motor vehicles in this state pursuant to the provisions of Section 307.030, RSMo 1969. 2. The use of the Deceleration Alert System on motor vehicles operated within this state would not violate any laws of the state of Missouri.

Opinion letter to the Honorable James L. Russell

Opinion letter to the Honorable Steve Lampo

Opinion letter to the Honorable Donald L. Manford

When a candidate for associate county judge is nominated at the August primary and attempts to withdraw as a candidate less than forty-three days prior to the date of the general election such attempted withdrawal is a nullity and void and his name is to be printed on the general election ballot.

The provision in subsection 4 of Section 50.540, RSMo, of the County Budget Law which requires a unanimous vote of the county court to approve an unforeseen emergency transfer of funds from the emergency fund to another appropriation means that both judges must so vote if only two judges are present and that if all three judges are present, a yes vote by all three judges or a yes vote by two judges and silence by one judge constitutes a unanimous vote.

Contracting school districts are obligated to pay the tuition fee prescribed in Section 178.510, RSMo, for those nonpublic school pupils residing within their boundaries who are over the age of 16 years and who desire to attend area vocational schools on a part-time basis.

A marriage entered into by an inmate, while under sentence to the Missouri Department of Corrections, is valid if entered into pursuant to the law of Missouri, particularly Chapter 451, RSMo 1969, and may be dissolved in accordance with Chapter 452, RSMo Supp. 1975.