Missouri AG Opinions — 1970

(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.

Opinion letter to the Honorable Thomas R. Gilmore

Opinion letter to the Honorable Haskell Holman

Opinion letter to the Honorable F. L. Brenton

Opinion letter to the Honorable Leon M. Jordan

The General Business and Corporation Law of Missouri, which permits corporations to be organized for any lawful purpose, does not authorize the organization of a corporation to engage in the practice of chiropody-podiatry where a statute regulating such practice contemplates only the licensing of individuals.

The City of Brentwood has the authority under Sections 71.680 and 71.690, RSMo, to charge and collect an annual fee for the collection of rubbish, and as a matter of convenience to bill for the fee on the annual real estate bill, so long as it is not considered and treated as a real estate tax.

Opinion letter to the Honorable Joe D. Holt

Subject to restrictions set forth in Section 177.101, RSMo Supp. 1967, the Doniphan R-I School District may enter into an agreement with the State Inter-Agency Council for Outdoor Recreation for a grant-in-aid from the Federal Land and Water Conservation Fund to assist the school district in the purchase of a school-community park.

Opinion letter to the Honorable James C. Kirkpatrick

Opinion letter to Dexter D. Davis

The General Assembly may, in its discretion, set a special election date for a vote on a measure which has been referred to a vote of the people by a proper referendum petition.

Opinion letter to the Honorable L. Edward Stone, Jr.

(1) Clay County can contract with the municipalities of Clay County to extend the taxes for said municipalities. (2) The County Clerk of Clay County has the discretionary authority to decide whether he will enter into a cooperative agreement with a municipality of Clay County to provide a common service pursuant to cooperative agreement statute; and assuming that the clerk of Clay County decides to enter such a contract, the contract must be taken before the county court of Clay County for approval. (3) Any consideration paid pursuant to a cooperative agreement contract for the extension of taxes between the county clerk of Clay County and the municipalities of Clay County must be paid into the county treasury.

Opinion letter to the Honorable Joseph Jaeger, Jr.

The Boone County Court has no authority to convey by gift to the Boone County Agricultural and Mechanical Society real property belonging to the county.

House Committee Substitute for Senate Substitute for Senate Bills Nos. 1, 185 and 215 of the General Assembly is not unconstitutional in violation of Article , Section 23, Missouri Constitution.

Opinion letter to the Honorable R. M. Becker

Opinion letter to Mr. Joseph Jaeger

Opinion letter to the Honorable William H. Wessel

Opinion letter to the Honorable John J. Johnson

Opinion letter to the Honorable Charles S. Broomfield

The authority of the Director of the State Records Commission under the State Records Law in microfilming records is limited to microfilming records which are to be stored or preserved, and it does not apply to microfilming records used currently by state agencies.

State Records Act does not apply to: (1) Kansas City Police Board, (2) Kansas City Election Board, (3) Kansas City Area Transportation Authority, (4) Kansas – Missouri Air Conservation Commission, (5) “Bi- State Metropolitan Development District”. State Records Act applies to: (1) Air Conservation Commission, (2) Crippled Children’s Service, (3) Bridge Commissions.

There is nothing in the Missouri Constitution or statutes or the United States Constitution prohibiting the placing of student teachers in parochial or private schools as part of the student teaching programs at Northeast Missouri State College.

Opinion letter to the Honorable Lawrence J. Lee

Opinion letter to Mr. J. Warren Head

A fourth class city fire chief who sells equipment and services to such city through a company owned in whole or in part by him violates Section 106.300, RSMo 1959, which prohibits city officers from being directly or indirectly interested in city contracts.

Section 21.150, RSMo Supp. 1967, which allows the members of the minority party of the House of Representatives to employ one stenographer or secretary for each five members of the minority party is not unconstitutional when tested by the “one man-one vote” principle as articulated by the Supreme Court of the United States.

An opinion with respect to House Bill No. 35 of the General Assembly (Sections 483.530 and 483.540, V.A.M.S.) relative to numerous questions concerning the fees of clerks of certain courts of criminal correction, circuit and common pleas courts.

Opinion letter to the Honorable Haskell Holman

Opinion letter to Mr. G. L. Donahoe

A person may file for election as a Committeeman or Committeewoman and also file an additional declaration of candidacy for another state or county office.

Opinion letter to the Honorable H. Avery

1. It is within the police power for the state to enact zoning laws restricting the use of property when reasonably necessary for the promotion of public health, safety, morals and general welfare. 2. That if such law is necessary for the promotion of the public health, safety, morals and general welfare, it does not constitute the taking of private property without due process of law in violation of Article 1, Sections 10, 26, 27 and 28 of the Constitution. 3. Whether the proposed act creating the Missouri Scenic Rivers System is reasonable and necessary for the promotion of the public health, safety, morals and general welfare depends upon the facts and evidence – which will have to be determined by a court.