Missouri AG Opinions — 1973

Opinion letter to Reuben R. Rhoades

Opinion letter to the Honorable James A. Noland , Jr.

Municipalities and school districts lying within a county in which personal property assessment increased over ten percent from the previous year must revise and lower their tax levies where said levies were determined and certified to the county clerk prior to the increased assessment in accordance with the provisions of Section 137.073, RSMo 1969, even though the property assessment in such particular districts or municipalities did not increase by ten percent.

Senate Bill No. 57, General Assembly, does not require that attendants or attendant-drivers of ambulances must be licensed as mobile emergency medical technicians. Subsection (11) of Section 1 and Section 9 of Senate Bill No. 57 become effective September 28, 1973, and all other provisions of said act become effective July 1, 1974. However, since Section 1, subsection (8) provides the Director of the State Division of Health is the “license officer” and this section does not become effective until July 1, 1974, the Director of the Division of Health does not have authority to issue a license to a “mobile emergency medical technician” until that date.

1. Magistrate court clerks who are paid in whole or in part out of state appropriations are entitled to membership and prior membership credit in the Missouri State Employees Retirement System. 2. Such magistrate court clerks are entitled to membership in the Missouri State Employees Retirement System on the full amount of their salaries.

The provision of Section 84.480, RSMo Supp. 1971, which prohibits the appointment of a person as chief of police of Kansas City who is “more than sixty years of age” applies to a person who has reached his sixtieth birthday.

1. It is mandatory that registration of voters in counties that adopted voter registration under Chapter 114, RSMo, be commenced by September 15 following the election at which voter registration was adopted. 2. Counties which have adopted voter registration under Chapter 114, RSMo, prior to September 28, 1973, will not be reimbursed by the state for cost of registration under Section 22 of SSHCSHB No. 20. 3. Only persons who are registered voters in Cole County are eligible to vote on November 6, 1973, on the formation of a county-wide sewer district.

Opinion letter to the Honorable Wesley A. Miller

When mortgages or deeds of trust have been recorded on microfilm, the acknowledgment of satisfaction or release can be executed only by written release as required by Chapter 443, RSMo, and recorded on microfilm as provided in Section 109.120, RSMo.

Opinion letter to the Honorable Christopher S. Bond

A public water supply district organized under Chapter 247, RSMo, cannot charge a property owner or the tenant of real property for delinquent water bills of former tenants.

Persons who are legally registered to vote under the provisions of Chapters 114 and 116, RSMo, on September 28, 1973, are not required to re-register under House Bill No. 20, 77 General Assembly.

Opinion letter to the Honorable James A. Noland , Jr.

The property tax relief act for the elderly ( CCSHB Nos. 149, 417, 425, 471 and 47, 77 General Assembly) applies for the entire calendar year of 1973.

A grading system must bear a rational relationship to a legitimate educational goal and must be reasonably administered. A teacher may take a student’s tardiness into account in determining the student’s grade when the tardiness affects the student’s performance in the class. However, this office will not decide whether any particular grade was improperly lowered due to the consideration of possibly irrelevant factors, since this is not the sort of question appropriate for resolution by the Attorney General, and it is a decision which has been entrusted by Missouri law to local school officials.

Opinion letter to the Honorable Robert O. Snyder

Under Section 479.120, RSMo, the St. Louis Court of Criminal Corrections is in session every day of the week, except Sundays, state and national holidays unless the court has adjourned. The fact that the judge is not sitting on the bench is not determinative of whether the court is still in session. Only after the judge has officially adjourned the court for the day or for a longer period of time may the clerk of the St. Louis Court of Criminal Corrections set and accept bail as provided for under Section 544.530 (House Bill No. 1160, General Assembly) and Supreme Court Rule 32.01. The clerk must look to the rulings of the court to determine when it has adjourned and thus is no longer “in session.”

Section 170.051, S.C.S.S.B. 638, General Assembly, requires a public school district to "purchase and loan free all textbooks" for children resident of the district who are enrolled in kindergarten classes held in a school which also enrolls students seven years of age or older.

CCSHCS for Senate Bill No. 100 of the General Assembly, effective September 28, 1973, authorizes the clerks of the magistrate courts of certain counties to collect fines, penalties and forfeitures and other sums of money accruing to the stat e by virtue of a magistrate court order but requires the sheriffs of such counties to make such collections if the clerks do not do so.

The Missouri Air Conservation Commission does not have the authority under Chapter 203, V.A.M.S., to prevent the construction of “complex sources” when it is determined that such sources may indirectly cause ambient air quality standards to be violated.

Municipalities and sewer districts have authority to make the user charges to industries required by the Federal Water Pollution Control Act Amendments of 1972 and to establish the reserves for future expansion or reconstruction.

Opinion letter to the Honorable Jack E. Gant

Opinion letter to Mr. James L. Wilson

Opinion letter to the Honorable James I. Spainhower

Opinion letter to Dr. Arthur L. Mallory

Opinion letter to the Honorable Wayne Goode

The one percent city sales tax act in the City of St. Louis is a valid levy after March 22, 1973, thus the Director of Revenue is required to continue to collect the tax.

Opinion letter to Mr. Henry Maddox

Opinion letter to Ms. Ann Bowling

Opinion letter to Dr. Arthur L. Mallory

A voter using a voting machine in a state primary election must declare the political party for which he desires to vote or that he wishes to vote a nonpartisan ballot before entering the voting booth. The voting machine must be set so that the voter can vote only according to such choice.

A special school district formed under the provisions of House Bill 1096, General Assembly, Sections 178.640-178.765, V.A.M.S. (1) would immediately upon formation become responsible for providing vocational education and special education for physically and mentally handicapped children resident within the county or counties included in the special district; however, the board of education of a special district would be required to accomplish at any given time only that which is reasonably possible; (2) would have no legal obligation to employ special education teachers under contract by component districts at the time of formation of the special district; (3) should present an estimate of the amount of money to be raised by taxation for the ensuing school year and the tax rate necessary to sustain the schools of the special district for the ensuing school year to the county clerk of each county included within the special district on or before July 15; and (4) may secure special educational services and vocational training services for children within its boundaries by contracting with any school district which has authority to furnish such services. If House Bill 474, General Assembly, is signed by the Governor, it will not affect the organization or existence of an already existing special district, but will govern the operations of all special districts.

The Division of Mental Health has the authority and the duty to charge for the care and treatment of a juvenile committed to the Division of Mental Health by the juvenile court or transferred to the Division of Mental Health from the State Board of Training Schools pursuant to Section 211.201, RSMo, if such person is determined to be a private patient pursuant to the provisions of Section 202.863, RSMo.

Opinion letter to Dr. Arthur L. Mallory

Opinion letter to the Honorable Frederick T. Dyer

Opinion letter to Major General Charles M. Kiefner

Opinion letter to the Honorable George J. Donegan

The Board of Trustees of the Firemen’s and Police Pension Fund of the City of Jennings , Missouri, organized pursuant to Section 86.583, RSMo 1969, (1) cannot apply the funds of such system toward the purchase of accidental death or permanent total disability insurance policies, but (2) can enter into a contract with an insurance company whereby the insurance company would hold the funds of the system in a “separate account” and would invest same as authorized by Section 376.309 (4), RSMo 1969.

Opinion letter to the Honorable C. David Darnold

Opinion letter to Ms. Margie Butler

Opinion letter to the Honorable John D. Schneider

A professional criminal bondsman has no authority to carry concealed weapons. Further, under Supreme Court Rule 32.14, a peace officer cannot be accepted as a surety on any bail bond. An individual cannot be appointed as a peace officer for the purpose of carrying a concealed weapon.

Opinion letter to the Honorable William Raisch

Opinion letter to Dr. Arthur L. Mallory

A not-for-profit civic club which operates a gift shop manned by unpaid volunteer workers selling goods, wares, and merchandise prohibited from sale on Sunday under Section 563.721, RSMo, is not exempt from the provisions of this statute even though the profits are contributed to charity.

Opinion letter to the Honorable Walter H. Mueller , Jr.

Opinion letter to Mr. James S. McClellan

Opinion letter to the Honorable Robert Fowler

The microwave station including the tower, equipment, and real estate on which it is situated owned by the American Telephone and Telegraph Company and located in Morgan County should be assessed by the county assessor of Morgan County.

Opinion letter to Mr. B. W. Robinson