Missouri AG Opinions, 1968

In prosecutions for driving while intoxicated, Section 564.440, RSMo 1959, prior convictions for driving while intoxicated in other states cannot be considered in assessing punishment.

It is the opinion of this office that when a recorder of deeds records all legally recordable documents by making and filing photostatic or photographic copies of said documents as provided by Section 109.120(3), RSMo. Cum. Supp. 1967, one copy of each original document shall be made. When the recorder records documents by making and filing microphotographic or microfilm copies, duplicate copies must be made.

The "Spitfire" 45 caliber carbine manufactured by the Spitfire Manufacturing Company, Phoenix Arizona, is a machine gun, possession of which is a felony under provisions of Section 564.590, RSMo, except possession by members of police departments, sheriffs, city marshals or the military or naval forces of this state or the United States in the discharge of their duties.

A refund of accumulated contributions under Section 104.380, RSMo. Cum. Supp. 1967 for services rendered before October 13, 1967 by a member who retired before October 13, 1967 and who is presently receiving a retirement annuity from the Missouri State Employees’ Retirement System, would be in violation of Article I, Section 13 of the Missouri Constitution of 1945.

A six-director school district may acquire ownership of realty by purchase of an undivided part interest as tenant in common. However, as to that part and during that time which the premises are used for school purposes, exclusive control must be vested in the board of education of the district.

Increase in monthly retirement benefits as provided for in Senate Bill No. 360 of the General Assembly, Section 104.390, RSMo Cum. Supp., 1967, is applicable to prior terms of office, served by present and former members of the legislature who are members of the state retirement system and eligible for future retirement, in computing the minimum retirement annuity of such members.

1. The fact that two directors on the board of a common school district do not send their children to the public schools within the district and are seeking annexation of their district into another district is not sufficient grounds under Section 162.801 RSMo Cum. Supp., 1967, to declare vacancies on the board and consequently, the County Superintendent of Schools has no authority to appoint new directors. 2. Members of the Board of Directors of a common school district do not violate any of their statutory duties as enumerated in Section 162.091 RSMo Cum. Supp., 1967, because of their refusal to send their children to the public school within their district or because of their activity favoring annexation of their district into another district. 3. There are no provisions for the recall or impeachment of members of the board of directors of a common school district. Board members may be removed from office by a quo warranto proceeding.

A member of the city council of a third class city who is an insurance agent violates Section 105.490, RSMo. Cum. Supp. 1967, and Section 106.300, RSMo. 1959, if he furnishes insurance to the city. A city councilman would also violate Section 105.490 and Section 106.300 if he was a member of the Ray County Insurance Agents Association and, as such, participated in the division of the agent’s commission made among the members of said association.

Section 54.040, RSMo 1959, does not prohibit a deputy county clerk of a second class county from being eligible to the office of treasurer of said county when such individual has resigned as deputy county clerk prior to the primary election at which candidates were nominated for the office of treasurer.

Opinion letter to the Honorable Winston V. Buford

Opinion letter to the Honorable Joe D. Holt

The scope of the authority of the Division of Mine Inspection to inspect plants operated in conjunction with the mining of certain minerals is as follows: Lead Ore – All operations prior to shipment to the smelter which includes taking the ore from the ground and reducing it to a concentrate; Clay – All operations at the minesite prior to shipment to the kilns or refractories ; Shale – All operations at the minesite prior to shipment to the cement plants or other available markets; Iron Ore – All operations prior to shipment to the steel mills which includes reduction to concentrate and formation of pellets; and Silica Sand – All mining and crushing operations at the minesite .

Opinion letter to the Honorable Hunter Phillips

Review – certification of State Application for State Plan Preparation and State Advisory Council Activities under Title , PL 89-10 as amended by PL 90-247.

A public water supply district under Chapter 247, RSMo 1959, may employ the pension plan under Section 67.200, RSMo Cum. Supp. 1967, if its assessed valuation is $40,000,000 or more.

A county may not condemn property for industrial development.

It is the duty of the penitentiary officials to transport a prisoner in their legal custody to and from a hearing in Circuit Court ordered under Supreme Court Rule 27.26. There is no authority for a county to pay a sheriff mileage for transporting the prisoners in this situation.

Opinion letter to the Honorable George W. Parker

Opinion letter to the Honorable James S. Corcoran

Opinion letter to the Honorable Maurice B. Graham

Opinion letter to the Honorable C. John Forge, Jr.

Review and certification of Missouri State Department of Education's Application for Program Grants for Migratory Children, 1969, Title I, PI, 89-10 as amended by PL 89-750.

A new political party organized under the provisions of Section 120.140, RSMo et seq. is a political party within the provisions of the statutes relative to the selection of challengers and watchers. There are no statutory provisions for challengers in areas other than Clay County, Jackson County, St. Louis County, Kansas City, and the City of St. Louis in general elections.

Review and certification of Amendment (June 12, 1968) to Missouri State Plan under the Library Services and Construction Act, 20 351 as amended by Public Law 89-511.

Section 549.111, RSMo Cum. Supp., 1967 does not include within its purview a person who has received his final discharge under federal law.

The Missouri Civil Defense Act (Chapter 44 RSMo.) envisions autonomous local civil defense organization in those political subdivisions defined by the law. Therefore, the county Civil Defense Agency has duties and responsibilities only within the areas of the county lying outside any of the statutorily defined political subdivisions having their own local organization for disaster planning.

The term of Rogers as a commissioner of the Jackson County Sports Complex Authority, expired July 15, 1968; a vacancy exists in such office which should be filled under the provisions of Section 64.930(4) RSMo Supp., 1967; he will continue to serve in such office until his successor has been appointed and qualified.

Neither the sheriff of a third class county nor his deputies are required to be present at each voting place during the entire election day.

Section 70.220, RSMo 1959 authorizes drainage and levee districts of the State of Missouri to contract with and enter into agreements with levee districts from other states and also with authorized agencies of the United States.

The respective counties in this state are liable for and are obligated to pay the expense of bond elections for County Hospitals and County Nursing Homes and there is no authority to pay such expenses from the proceeds of bonds sold pursuant to such elections.

If a candidate for nomination to an office of which he is an incumbent dies, withdraws or becomes disqualified after the close of the filing period for any primary election within the provisions of Subsection 1 of Section 120.545, RSMo Cum. Supp., 1967: (1) The five day reopened period for filing provided for in Section 120.545 commences immediately, the first day being the day immediately following the death, withdrawal or disqualification of the incumbent; (2) There are no requirements for notice to be given with regard to the opening of the five day reopened filing period provided for in Section 120.545; (3) The five day reopened filing period shall run on consecutive days unless the last day happens to be a Sunday in which case Sunday shall be excluded and the last day shall be Monday.

A county can submit to the voters under Section 137.065, RSMo 1959, a proposed increase in County Revenue Tax for the establishment and maintenance of the ambulance service authorized by Section 67.300, RSMo Cum. Supp., 1967.

Applicants for licensure to sell intoxicating liquor by the drink at retail for consumption on the premises pursuant to Section 311.090(2), RSMo 1959, and applicants for licensure to permit the drinking or consumption of intoxicating liquor in, on, or about the premises pursuant to Section 311.480(4), RSMo 1959, are required by law to post bond as required by such sections.

When more than one person claims ownership of a tract of land and insists on paying the taxes due on the particular tract of land; 1. The assessor should record the names of all claimants in the ownership column of the tax books, and, 2. The collector should receive and issue receipts for all amounts tendered by claimants as payment of the amount due on the particular tract of land.

Opinion letter to the Honorable Jack K. Smith

Regardless of a registering voter's answers to questions recorded in the files of the Kansas City election board, which reveal information regarding disability or literacy, absentee ballots properly applied for under the provisions of Chapter 112 must be supplied to the potential voter, and must be counted if properly cast.

The County Clerk of Jasper County is charged with and has the duty to retain possession of the registration records of Jasper County at all times, except to deliver, or cause to be delivered, said registration records to the judges of election appointed under and by virtue of the general election laws of election, on the day before any primary or general election for which registration is made. There is no statutory requirement that such registration records be delivered by the sheriff.

The extension of the municipal boundaries of the City of St. Charles does not automatically extend the boundaries of the St. Charles School District under Section 162.421, RSMo. Supp. 1967, where the territory taken in by the extension of the city is contained within a six-director school district that maintains a high school. The inhabitants of the area annexed by the City of St. Charles may not change the boundaries of the school district by election under Subsection 2 of Section 162.421, RSMo. Supp. 1967. However, the voters of the two school districts may change the boundaries between the school districts under the general change-of-boundary statute, Section 162.431, RSMo. Supp. 1967.

Resident of Andrew County who lives in a school district of Nodaway County having territory located in Andrew and Holt Counties, if he meets all other statutory qualifications, is eligible for and qualified to serve, if elected, as a member of the board of education of Andrew County.

There is nothing to prohibit a fire insurance company from switching from maintenance of its own public rating record to one that is maintained by an actuarial bureau if approval of the superintendent of insurance is obtained as prescribed by statute when the effect of said switching is to increase the fire insurance premium rates.

Review and certification of State Plan (June 19, 1968) submitted under Title , Elementary and Secondary Education Act of 1965, PL 89-10 as amended by PL 90-247.

Review and certification of the application by the State Board of Education for Grant (dated June 19, 1968) under Title V of the Elementary and Secondary Education Act of 1965, 20 861, et seq.

The Probate Court of Scott County must grant a reexamination on a petition for release from commitment from the State Hospital in Fulton when the petition is filed by one found to be mentally ill by the Probate Court of Scott County under Section 202.807, RSMo 1959.

Opinion letter to the Honorable Elmer J. Meyer

A Missouri employer is not obligated to allow time off for voting purposes to employees who live and vote in Kansas.

Opinion letter to the Honorable Donald L.

Opinion letter to the Honorable J. Anthony Dill