Missouri AG Opinions, 1969

Opinion letter to the Honorable Gene McNary

Opinion letter to the Honorable G.W. Weier

(1) Ninety-eight per cent of the proceeds of intangible personal property tax which are to be returned to the local political subdivisions is not to be transmitted to the State Treasurer: (2) Treasurer of Missouri is to receive promptly two per cent of the proceeds from the intangible personal property tax and, if he determines that any portion of this two per cent is not needed for current operating expenses, that amount is to be placed at interest for the benefit of the State of Missouri; (3) Director of Revenue is an insurer of that portion of the intangible personal property tax which he retains and is bound to turn over the proceeds to the proper local official on the date as specified by statute. That in discharging this duty he may deposit the portion of the revenue which ultimately is to be returned to the counties for safe-keeping and that he may, in so doing so, deposit these moneys in 'time deposit' accounts which draw interest. In the event that the Director chooses to avail himself of the opportunity to place this money at interest, the interest earned is to be returned to the counties in proportion to the amount of revenue produced by that county.

(1) The duty of the Secretary of State with respect to referendum petitions is ministerial rather than discretionary; and if petitions are presented that on their face contain signatures verified as provided for in Section 126.040, RSMo 1959, your duty is only to determine whether there are sufficient signatures from the prescribed number of congressional districts. (2) Circulators of initiative and referendum petitions must personally witness the signing of all names that they verified pursuant to Section 126.040, RSMo 1959; however, there may be more than one circulator for each sheet of a petition. The Secretary of State is required to file all petitions that appear, prima facie, to be in order. The validity of petitions which the Secretary files may be contested according to the provisions of Section 126.050. (3) Elections called by referendum are to be held at the general election in November of even numbered years unless the legislature should designate another date.

A school board has the discretionary authority to pay the premiums for hospitalization and health insurance for its employees as part of their compensation.

Card Index system kept by assessor belongs to county.

A duly elected township assessor, who subsequently removes his residence from the township, can make the assessments for 1970 unless removed prior to the making of such assessments.; If the assessor is removed prior to making the assessments, it is the duty of the township board to fill such vacancy by appointment. Section 65.200, RSMo 1959.

Opinion letter to the Honorable James C. Kirkpatrick

In a county which has provided for voter registration, under the provisions of Chapter 114, RSMo, “The Local Option Registration Law”: (1) That pursuant to Section 114.220(3), RSMo Supp. 1967, a person registered in a precinct in which he offers to vote, may not be challenged on the day of election solely on the basis that his residency is actually in another precinct; (2) It is further the conclusion of this office that the requisites to registration set out in Section 114.050, RSMo 1959, except those of precinct residency, may be inquired into by challenge on the day of election.

It is the duty of the prosecuting attorney in a fourth class county to represent the Division of Welfare in adoption proceedings involving a child whose legal custody they have accepted.

A person, not a farmer, operating on a local commercial motor vehicle license, may not, by changing the operating address displayed on the vehicle or by any other means, legally operate outside of more than one municipality of operation and its twenty-five mile radius during the licensed period.

Under Article , §9 of the Constitution of Missouri, a person may not hold the office of prosecuting attorney and that of United States Commissioner at the same time.

Opinion letter to Mr. John C. Vaughn

Opinion letter to Mr. Richard E. Snider

The clerks of the common pleas courts, clerks of courts of criminal correction, and circuit clerks to whom House Bill No. 35 of the General Assembly applies should collect the fees therein provided in all cases which are not terminated before October 13, 1969, the effective date of such bill.

Opinion letter to the Honorable R. Jay Ingraham

The state shall pay from the criminal cost appropriations for the cost of "a transcript" of criminal proceedings where the defendant is sentenced to five years or more in the penitentiary when the transcript is required by the judge, but that there is no authority for the state to pay for a copy thereof when required by the judge at the conclusion of the case.

Opinion letter to the Honorable Allen S. Parish

The highest rate of interest payable on general obligation school bonds issued by common, six-director, urban or metropolitan school districts in this state is eight per cent per annum.

The clerk of the Hannibal Court of Common Pleas shall be compensated for the period October 13, 1969, to the end of his present term, December 31, 1970, under the provisions of existing law and of Section 483.455 of House Bill No. 74 of the General Assembly. After such date, he will be compensated as provided in Section 50.335 of House Bill No. 119 of the General Assembly.

A person who knowingly and willfully makes or causes to be made a false report to any peace officer or other official in the state of Missouri whose duty it is to enforce the criminal laws of the state, concerning an alleged crime, has committed a misdemeanor under Section 562.285, RSMo Supp. 1967, and can be prosecuted therefor.

With respect to the provisions of Conference Committee Substitute for House Substitute for Senate Bill No. 13 of the General Assembly, (1) Section 50.810 of said bill relating to preparation of county financial statements is effective January 1, 1971, and effective also on that date are the amendments to Section 51.300 which provides that the compensation of county clerks of county courts of the second, third and fourth classes be computed upon the variables of population and assessed valuation and that said compensation constitutes the entire compensation for services performed by said clerk except for fees for the issuance of fish and game licenses or permits. After the effective date of said section, the county clerks will not be entitled to receive any additional amount for the service performed under Section 50.810 as amended by the bill. The county court may contract with individuals, corporations or associations for the performance of said services in an amount that the court deems reasonable and just; (2) Section 1 of said bill provides that in counties of second, third and fourth classes which have adopted the provisions of Chapters 114 and 116, RSMo, providing for voter registration, the county clerk shall perform the services specified therein and for such services shall, in addition to the compensation now provided by law, receive the sum of $1,500 per year. Section 1 is effective October 13, 1969. However, such services are to be performed annually and before May . Accordingly, these services could not be performed for the year 1969, and such county clerks are not entitled to such compensation for the year 1969. Such services can be performed for the year 1970 and such compensation is effective for the year 1970, but not thereafter in view of the effective date of termination of the provisions for increased compensation which is December 31, 1970.

(1) House Bill 116 of the General Assembly which provides a mode of fixed compensation for judges of county courts of certain third class counties does not constitute an increase in the compensation of such officers and is effective October 13, 1969. The provision of said bill increasing the compensation of judges of the county courts of second class counties is not effective during the term of such judges. (2) House Bill No. 264 of the General Assembly authorizing a uniform allowance to sheriffs and deputy sheriffs does not constitute an increase in compensation during the term of such officers and is therefore effective October 13, 1969. Said bill also provides for additional compensation to sheriffs of class two counties as compensation for additional services by such sheriffs and therefore is not an increase in compensation within the meaning of Section 13, Article , of the Constitution and is effective October 13, 1969. (3) House Bill No. 399 of the General Assembly provides that the county collector of third and fourth class counties may retain an increased percentage of fees and commissions for deputy and clerical hire. Such increase is not to the benefit of such collectors, does not constitute an increase in compensation during the term of the collector or his deputies within the prohibition of Section 13, Article , of the Constitution and is effective October 13, 1969. Such increase may be used in full for the fiscal year ending February 28, 1970.

Opinion letter to the Honorable John C.

It is improper for a prosecuting attorney to represent landowners in condemnation actions filed by the State Highway Commission. It is illegal for prosecuting attorneys to represent individuals charged for violating the criminal laws of this state. A prosecuting attorney would violate the common law prohibition against holding conflicting and inconsistent public offices if he were to serve as a member of the State Highway Commission or the State Conservation Commission. A member of the General Assembly may represent landowners in condemnation actions filed by the State Highway Commission. A member of the General Assembly may also represent individuals charged with violation of state laws in courts having jurisdiction of criminal cases including both misdemeanors and felonies in the State of Missouri. For a member of the General Assembly to serve as a member of the State Highway Commission or the State Conservation Commission would be a violation of Article 3, §12 of the Constitution of Missouri.

With respect to House Bill 119 of the General Assembly relating to the total compensation formula for the offices of recorder of deeds, circuit clerks, circuit clerk-ex officio recorder of deeds, in certain counties, and clerks of the common pleas courts, (1) The present full compensation of the recorder of deeds in class two counties can be readily ascertained; and if the compensation provided by House Bill 119 exceeds that provided by statutes applicable before the enactment of House Bill 119, such new compensation cannot be paid during the present term of office. (2) Circuit clerks of class two, three and four counties and the recorder of deeds in counties of the third class and clerks of the courts of common pleas will not receive the compensation provided by House Bill 119 during their present term if the compensation of such officers provided for by such bill is greater than the present statutory salaries of such officers. The additional compensation provided for the clerk of the Hannibal Court of Common Pleas under the provisions of Section 483.455 of House Bill No. 74 is also considered in computing his present salary.

Senate Bill No. 165 of the General Assembly relating to sheriffs of class three and class four counties provides for compensation for such sheriffs which is in addition to other compensation now provided by law and is effective October 13, 1969. Senate Bill No. 165, however, limits the total compensation of all sheriffs of counties of the third class with an assessed valuation of less than $20 million to $10,000 per year, excluding mileage.

A legal quorum of the Board of Alder men of the City of Frontenac a fourth class city was not destroyed when three aldermen left a special meeting of the Board of Aldermen with the purpose of preventing a vote on a resolution and that the resolution, which received more than a majority of the votes cast, was legally adopted.

Funeral directors who make copies of death certificates prior to filing with the local registrar and with the Division of Health or funeral directors who make copies of certified copies of death certificates are in violation of the provisions of Section 193.380, RSMo Supp. 1967.

Federal Truth In Lending Act supersedes Missouri Credit Law where disclosures would be inconsistent with federal system; other provisions of Missouri law remain in force.

Opinion letter to the Honorable Earl Schlef

Magistrate courts may obtain personal jurisdiction over nonresidents in those situations enumerated in §506.500, RSMo Supp. 1967, where magistrate courts have jurisdiction over the subject matter pursuant to other statutory provisions.

A commissioner of a special road district may not be employed as a laborer for the road district.

Opinion letter to the Honorable Reuben R. Rhoades , D.D.S.

Opinion letter to Mr. William L. Culver

A state college or university does not violate constitutional provisions by giving credit for course taught by representative of religious denomination, so long as university premises or facilities are not used.

Opinion letter to the Honorable Thomas E. Miles

Bondsman may establish qualification by means of encumbered property having clear value in excess of encumbrance, or by personal property having stable value, but not by property held by entireties.

A corporation which holds a majority interest in various other corporations cannot, either personally or through its various subsidiaries, hold more than three retail liquor-by-the-drink licenses.

There is no constitutional or statutory provision disqualifying a person from running for the position of county judge because he is a teacher in a state college.

Article 1, §7, Constitution of Missouri prohibits public funds from being used to employ a full-time chaplain for the Jackson County Jail.

A county court may in its discretion reimburse county officers for travel expenses necessarily and indispensably incurred in the performance of the duties of their offices.

A county court may in its discretion reimburse county officers for travel expenses necessarily and indispensably incurred in the performance of the duties of their offices.

Opinion letter to the Honorable Melvin Vogelsmeier

There is no Missouri statute or regulation of the State Board of Education requiring students to take "mass showers" or requiring teachers to include sex education in the curriculum of kindergarten through sixth grade.

A member of the Selective Service Board of Jefferson County is not disqualified by his membership therein from acting as a professional surety on bail bonds under Supreme Court Rule 32.14.