Missouri AG Opinions — 1971

1. The county is liable to make restitution to the collector of revenue for personal funds of the collector used to pay the county's obligation under the Social Security Law. 2. An action to recover money paid by collector of revenue for the county in connection with employers' contributions under the Social Security Act must be maintained within five years.

1. The motor vehicle fuel tax funds appropriated to a city under the provisions, of Article IV, Section 30(a) of the Missouri Constitution cannot be used to construct or maintain sidewalks. 2. General revenue funds of a city of the fourth class may be used to construct or maintain sidewalks in the city under Section 88.680, RSMo 1969.

Opinion letter to the Honorable James L. Paul

The compensation of a retired probate judge ex-officio magistrate of a county whose population by the 1970 decennial census has increased to over 30,000 inhabitants, who has been appointed a special commissioner or referee under the provisions of Sections 476.450, RSMo 1969 et seq., is one-third of the salary provided for the office of probate judge of such county as of July 1, 1971.

The effective date of the 1970 decennial census with respect to the determination of magistrate judges and probate judges salaries is July 1, 1971. The effective date for the determination of maximum allowance for probate and magistrate clerks, deputy clerks and employees is July 1, 1971.

A six-director school district in the State of Missouri must rehire a "permanent teacher" as that term is defined in the Teacher Tenure Act, Sections 168.102 to 168.130, RSMo 1969, even if the rehiring of this teacher will result in the school district's receiving a lower classification from the State Board of Education.

Opinion letter to Mr. Richard M. Miller

Opinion letter to the Honorable John J. Johnson

Opinion letter to the Honorable Wampler

Opinion letter to the Honorable Robert S. Drake, Jr.

1. "The Missouri State Poultry Association" has authority to publish and make available to the public the results of their experiments with poultry in this state. 2. "The Missouri State Poultry Association" members in the performance of their duties are not personally liable for acts not maliciously done.

Opinion letter to Mr. Joseph Jaeger, Jr.

The board of education of a six-director school district cannot make the contract between the school district and a permanent teacher, who has reached age 65, subject to a time limitation of one year.

1. Tax anticipation notes may be issued by a fourth class county equal to but not to exceed ninety percent of the anticipated income and revenue of the county, and the indebtedness created and warrants issued are valid even though all of the anticipated revenue is not collected, and such indebtedness may be paid from surplus revenues received in subsequent years. 2. Taxes for county purposes in a fourth class county may be increased in excess of fifty cents on the one hundred dollars valuation by a two-thirds vote of the electors for a period not to exceed four years. 3. Any county may become indebted in an amount exceeding the annual income and revenue by a two-thirds vote of the electorate not to exceed ten percent of the value of taxable tangible property and issue bonds payable within twenty years.

Opinion letter to Mr. Robert L. Dunkeson

Opinion letter to the Honorable Robert A. Young

Opinion letter to the Honorable William S. Brandom

Contracts by a county court for the building of roads from funds derived from the County Aid Road Trust Fund cannot be awarded without competitive bidding.

Opinion letter to the Honorable Donald L. Manford

Opinion letter to the Honorable Donald L. Manford

Opinion letter to Mr. O’ Garlan C. Ricks

Opinion letter to the Honorable William J. Esely

A student of eighteen years of age or over meeting the necessary constitutional and statutory requirements for voting may: 1) Retain his original residence and register and vote at such place. 2) Establish a residence in a different community and register and vote at such place if, a) The student declares that he has abandoned his original residence and that he does not intend to return to such place; and, b) He declares his intent to establish a residence in the community in which he resides for an indefinite period; and c) Such declarations are consistent with facts which show that such voter has abandoned his original residence and intends to reside in such community.

Opinion letter to Mr. Dexter D. Davis

1. That a person, who in the county of his residence opens a place of business for the purpose of the seasonal sale of fireworks, is (a) a merchant subject to Sections 150.010 through 150.290, RSMo; (b) not a manufacturer and is not subject to Sections 150.300 through 150.370, RSMo; (c) is an itinerant vendor subject to Sections 150.380 through 150.460, RSMo; and (d) is not a peddler and is not subject to Sections 150.470 through 150.540, RSMo. 2. That a person who is a wholesale supplier of fireworks to retailers, who does not manufacture such fireworks, who is not in a temporary or transient business of selling goods, wares, and merchandise from a structure for the exhibition and sale of such goods, wares, and merchandise , and who does not sell door to door, is: (a) a merchant subject to Sections 150.010 through 150.290, RSMo; (b) not a manufacturer and is not subject to Sections 150.300 through 150.370, RSMo; (c) is not an itinerant vendor subject to Sections 150.380 through 150.460, RSMo; and (d) is not a peddler and is not subject to Sections 150.470 through 150.540, RSMo.

Opinion letter to the Honorable E. J. Cantrell

Opinion letter to the Honorable Donald L. Manford

Opinion letter to Mr. Joseph Jaeger, Jr.

Opinion letter to Mr. Robert E. Myers

Opinion letter to the Honorable

By virtue of Senate Bill No. 146 of the General Assembly, effective September 28, 1971, a bank in an unincorporated community is not prohibited by law from having a drive-in or walk-up facility in that community when such a facility is within four thousand yards of the bank’s main banking house even though in measuring that distance the line of measurement crosses through an incorporated city, town or village.

Missouri law does not prohibit the performance of voluntary contraceptive human sterilizations by licensed physicians.

Opinion letter to the Honorable James C. Kirkpatrick

1. Members of the board of directors of a fire protection district are not entitled to receive compensation for attending more than two regularly called board meetings in any calendar month and this includes a regularly called meeting of the directors of several fire protection districts which have established a consolidated alarm and dispatching service. After September 28, 1971, the effective date of Senate Committee Substitute for House Bill No. 316 of the General Assembly, the members of the board of a fire protection district in a first class county having a charter form of government, may receive compensation for not more than four meetings each calendar month. 2. A member of the board of directors of a fire protection district cannot be employed and paid any additional compensation for services rendered the district in excess of the amount allowed under Section 321.190, RSMo 1969.

Tangible personal property leased to a school district at a profit is not exempt from taxation under Article X, Section 6, Missouri Constitution, or under Section 137.100, RSMo 1969. Furthermore, a school district may agree, as part of the total yearly lease payment, to pay the amount of any taxes levied on the tangible personal property leased to the school district.

Opinion letter to the Honorable Langsford

Opinion letter to Mr. Dexter D. Davis

Opinion letter to the Honorable Barnes Griffith

Opinion letter to the Honorable Jack J. Schramm

A fourth class city has authority under Senate Bill No. 64 of the General Assembly to provide by ordinance without a vote by the people for a tax levy for municipal purposes of one dollar on the one hundred dollars assessed valuation for the year 1971 if such ordinance is enacted after the effective date of such bill.

A corporation which is not organized as a bank or trust company does not engage in improper branch banking, in violation of Section 362.105(1), RSMo 1969, by owning a controlling interest in the shares of two or more banks or trust companies organized under Chapter 362, RSMo 1969, or predecessor statutes, so long as each bank or trust company is operated and maintained as a distinct financial entity.

The Division of Mental Health cannot agree with representatives of the employees to make promotions or transfers based upon seniority.

The Commissioner of Finance is to set the compensation of employees of the Division of Finance, other than the Commissioner and Deputy Commissioner, at amounts he shall determine notwithstanding the language of Conference Committee Substitute for House Bill No. 4 of the General Assembly purporting to limit the amount salaries may be increased.

1. It is mandatory that the board of directors of a nursing home district, which on three separate occasions refused to approve a bond issue for the construction of a nursing home, submit to the voters the proposition of the dissolution of said district. 2. Elections held prior to the enactment of Section 198.360, RSMo 1969, shall be considered as being within the provisions of this section in determining the number of elections in which the voters have refused to approve a bond issue.

A third class county has the authority pursuant to Section 64.490, RSMo 1969, to operate a county solid waste disposal area. A third class county has the authority to finance the operation of a solid waste disposal area by general obligation bonds but not by revenue bonds.

Section 486.040, RSMo 1969, requires a notary public to have a seal which when used makes an impression on the document on which it is used.

Opinion letter to Mr. Charles O’ Halloran

A school board of a six-director school district may terminate a probationary teacher's contract pursuant to the terms of subsection 2 of Section 168.126, RSMo 1969, if a written statement is delivered to the probationary teacher setting forth each and every area of incompetency in which the board desires improvement in sufficient detail so as to permit the teacher to have an opportunity to correct the alleged faults within ninety days. If the alleged incompetency is not corrected, the board may, pursuant to subsection 2 of Section 168.126, RSMo 1969, terminate the employment of the probationary teacher immediately or at the end of the school year.

1. A six-director school district which has exhausted its working capital or anticipates such exhaustion in the near future has the power without obtaining voter approval to borrow money to meet its current operating expenses, provided its unencumbered anticipated revenue for the calendar year is sufficient, at the time the loan is made, to repay the principal and interest on the indebtedness. 2. The highest rate of interest at which a six-director school district may contract to borrow money is eight percent per annum. There are no restrictions as to maturity date or form of obligation. However, Section 432.070, RSMo 1969, which governs a school district's contracts in general, is applicable to a six-director school district's contract to borrow money.

The Missouri Housing Development Commission is not disabled from retaining as "managing underwriter" in the marketing of its bonds or notes a firm engaged in the underwriting and investment banking business, which has served as the Commission's financial adviser in the past and which proposes to render further services as financial adviser, without additional compensation, if selected as managing underwriter.