Missouri Attorney General Opinions

Opinion letter to the Honorable William G. Johnson

The term “public works” as used in Section 290.210(7), RSMo 1969, of the prevailing wages law means structural works having a permanent character and usefulness, such as roads, buildings, bridges, and dams. The term “maintenance work,” Section 290.210(4), RSMo 1969, means the repair or restoration of that portion of an existing facility which has fallen into a state of deterioration or decay to its original condition. “Maintenance work” does not include “major” repairs or “replacement;” the latter constitute “construction.” “Replacement” entails the complete substitution of an existing facility with a new or different facility. Installing a central air conditioning unit in a public building constitutes “construction” within the meaning of Section 290.210(1), RSMo 1969, if the building was formerly without such a unit. Substituting a new central air conditioning unit or furnace in a public building in place of a deteriorated or worn out unit or furnace also constitutes “construction.” However, replacing a worn out part of a central air conditioning unit or furnace in order to restore the unit or furnace to operational condition constitutes “maintenance work” within the meaning of Section 290.210(4), RSMo 1969. Installing new or different partitions in a public building, either at the location of former partitions or at a different location, and rearranging present partitions constitutes “construction,” Section 290.210(1), RSMo 1969. However, restoring an existing partition to sound condition by repairing the deteriorated portion constitutes “maintenance work,” Section 290.210(4), RSMo 1969. Tarring a roof of a public building constitutes “maintenance work,” Section 290.210(4), RSMo 1969, if the roof is in a state of disrepair or deterioration, otherwise it would be “construction,” Section 290.210(1), RSMo 1969. Putting an entirely new roof on a public building constitutes “construction,” Section 290.210(1), RSMo 1969. Installing new garage doors on a public building constitutes “construction,” Section 290.210(1), RSMo 1969. Seal coating small cracks in the surface of an asphalt highway constitutes “maintenance work,” Section 290.210(4), RSMo 1969.

Opinion letter to the Honorable James E. Schaffner

The amount of indebtedness which may be incurred by a school district is determined on the basis of a calendar year rather than a fiscal year.

Opinion letter to the Honorable Bob F. Griffin

A bondsman or surety is disqualified from making further bonds when a forfeiture has been entered upon a recognizance to which he is a party, even though motions to set aside such forfeiture may be pending.

The plain and rational meaning of the word "administration" as used in Section 161.112, RSMo 1969, which sets forth the qualifications for the State Commissioner of Education, involves as an essential element the performance of executive duties. From the facts set forth in your telegram, the individual in question does not possess "breadth of experience in the administration of public education" as required by Section 161.112 and is, therefore, not qualified for appointment to the office of State Commissioner of Education.

The County Planning Commission may not impose regulations or require permits with respect to lands used or to be used for the raising of crops which may include grassland. This restriction is applicable with respect to land used or to be used for the enumerated purposes and does not extend to land devoted to other uses although owned by the same landowner. The county court may not require permits on the construction or alteration of farm buildings or farm structures. In determining whether to regulate the construction or alteration of a particular building or structure, the use of the building or residence as a farm building or farm structure must be determined by examining the relationship of the building to the farming activities.

1. In order for information obtained from an alleged violator of conservation rules during "custodial interrogation" to be used against that person to support a conviction, the accused must first be informed of his Fifth Amendment rights in accordance with the guidelines set forth by the United States Supreme Court in the Miranda case. 2. A conservation agent acting in the performance of his duties will not be guilty of trespass by reason of his entering the lands of private persons; an agent is "within the performance of his duties" in entering the lands of private persons only if he has reason to suspect violation of fish and game laws. 3. A person accused of a game violation is not necessarily entitled to a written summons or complaint at that immediate time. 4. A person is not required to produce identification other than the production of a fishing or hunting license to an agent of the Conservation Commission.

Opinion letter to the Honorable Jack K. Smith

Section 111.591, RSMo 1969, does not authorize the prosecuting attorney or other public officer to inspect ballots in the custody of the county clerk or board of election commissioners, unless some judicial proceeding, grand jury investigation, or other investigation authorized by law is pending.

Section 375.380, RSMo 1969, making it unlawful for insurance companies to pay dividends except from surplus profits arising from the business, prohibits the payment of dividends by such companies where there is no earned surplus or undistributed profits.

A sheriff’s fees computed in accordance with Section 57.290, RSMo 1969, incurred when he apprehends a person, charged with the criminal offense of breaking jail after conviction, and transports that person from the county of his apprehension to that in which the offense was committed, even though such offense be for breaking jail after conviction, are properly included in those costs which may be taxed against the State pursuant to the provisions of Section 550.020, RSMo 1969.

Opinion letter to the Honorable Robert H. Branom

The blind pension fund of the State of Missouri is not entitled to share in the intangible personal property tax collected by the state.

Opinion letter to the Honorable Hugh A. Sprague

Opinion letter to the Honorable G. William Weier

Opinion letter to the Honorable G. William Weier

In the situation where a life estate is given to A with a vested remainder in B if B survives A but if not a contingent remainder in C, and if the tax rate is the same for B and C, then inheritance tax under Chapter 145, RSMo, should be taxed as a life estate against A and the remainder against B.

Opinion letter to the Honorable Arthur T. Stephenson

A fourth class city which makes street improvements and repairs under Section 88.703, RSMo 1969, can defray, by proper ordinance, out of general revenue the cost of said improvements or repairs which abutts city owned property, and that all other street improvements and repairs under Section 88.703 must be paid for proportionately by the abutting property owners.

Opinion letter to the Honorable Hardin C.

Opinion letter to the Honorable Joe D. Holt

Where the assessment of property in a school district is reduced by the State Tax Commission to a point where the district's levy is not sufficient to qualify it for the additional state aid for tax effort provided in Section 163.031(1), V.A.M.S. Senate Bill Nos. 1, 185 and 215, Seventy-fifth General Assembly, and the district does not increase its tax rate before the year ends, the district can do nothing thereafter to qualify for the additional state aid for tax effort provided in Section 163.031(1).

Opinion letter to Mr. Herbert Wheeler

The provisions of the Missouri Dairy Law, Section 196.520 to Section 196.690, RSMo, do not prevent the Missouri Division of Health from exercising authority under the provisions of the Missouri Food, Drug and Cosmetics Act, Sections 196.010 to 196.120, RSMo.

Opinion letter to Mr. Hubert Wheeler

1. County and/or township collectors may charge commissions authorized to them against funds collected for library purposes. 2. The County Library Board is not required to make payments from library funds of the “employer’s share” of social security tax payments for the benefit of the county or township collectors who have collected library taxes for the reason that such payments do not constitute taxable wages paid by an employer to an employee within the meaning of the Social Security Act.

Opinion letter to the Honorable Albert F. Turner

Opinion letter to the Honorable Richard Southern

(1) When real estate belonging to the county and township school funds is liquidated pursuant to Article IX, Section 7 of the Constitution the oil, gas and mineral rights in such real estate must also be liquidated and may not be reserved to the county. (2) The proceeds derived from the sale of such real estate together with those derived from the sale of the oil, gas and mineral rights shall be credited to the county school fund.

When the citizens of a county are threatened by a disaster, the County Court has the authority to activate the county’s civil defense personnel without requesting authority from the governor; said person so activated have all rights, duties, and responsibilities granted them under Chapter 44 RSMo Supp. 1967 and by the rules and regulations thereunder.

Opinion letter to the Honorable J. Anthony Dill

Prosecuting attorneys and sheriffs or other law enforcement officers occupy positions that are incompatible with and in conflict with the position of the juvenile officer under the Juvenile Act, and therefore, such officers may not serve as juvenile officers or deputy juvenile officers.

Opinion letter to the Honorable George J. Pruneau

Opinion letter to Mr. Joseph Jaeger, Jr.

Public water supply districts formed under the provisions of Section 247.010 to 247.220, RSMo, are not subject to the payment of property taxes.

(1) A person who willfully and falsely executes a verification affidavit on a referendum petition may be punished therefore by a fine not exceeding $500 or by imprisonment in the penitentiary not exceeding two years, or by both such fine and imprisonment. (2) The Secretary of State is not under a statutory duty to forward such information as he might possess regarding the wilful and false execution of a verification affidavit on a referendum petition to appropriate prosecuting officials.

Opinion letter to the Honorable Donald L.

Opinion letter to Mr. Joseph Jaeger, Jr.

A six-director school district in Missouri is not authorized to pledge net revenues received as tuition from persons attending a vocational school operated by the school district as security for the payment of the principal and interest on revenue bonds issued by the district pursuant to Section 164.231, RSMo Supp. 1967, as amended, to finance the cost of constructing a dormitory to be used to house persons attending such vocational school.

Opinion letter to George A. Ulett , M. D.

Opinion letter to Mr. Oscar J. Chapman

County mutual insurance companies that have elected to accept the provisions of Sections 380.580 to 380.840, RSMo 1959 are subject to the provisions of Sections 379.810 to 379.880 V.A.M.S. and that town mutual insurance companies under 380.280 to 380.470, RSMo 1959, and farmers mutual insurance companies organized or operating under Sections 380.580 to 380.840, RSMo 1959, are not subject to and cannot become subject to Sections 379.810 to 379.880, V.A.M.S.

Opinion letter to the Honorable James L. Paul

The trade-in allowance in Section 144.025, RSMo Supp. 1967, does not apply to any article, including an automobile, on which a sales or use tax has not been paid to Missouri. Therefore, sales tax is due on the full purchase price of a new automobile purchased in Missouri when an automobile registered, purchased and driven for 90 days in good faith in another state is used as a trade-in.