Missouri Attorney General Opinions

It is the opinion of this office that a bank or other institution included in Section 145.210, RSMo Supp. 1967, having custody of the will of a decedent shall deliver such will to the Probate Court which has jurisdiction of the estate. No inheritance tax waiver is required to authorize such delivery.

Opinion letter to Mr. W.E. Sears

Under Section 483.610, RSMo 1959, magistrate court clerks should charge thirty-five cents for issuing all executions in civil cases.

State college or university may establish courses, a division or department of religion for the purpose of teaching about religion as distinguished from the teaching of religion. The courses offered, as well as all courses of the institution, both in plan and practice must maintain strict religious neutrality as defined by the courts.

Opinion letter to the Honorable Langsford

A city of the class under a lease agreement pursuant to industrial development revenue bond issues under Chapter 100, RSMo Cum. Supp. 1967, need not follow the procedure of competitive bidding for the construction of the proposed facility thereunder, and that under Section 100.200, any purchase options entered into in compliance with the statutes and approved by the Division of Commerce and Industrial Development need not be further approved at the time of their actual exercise.

A county or City of St. Louis cannot participate in food stamp program until approved by the Federal Department of Agriculture.

The elimination of the discounts presently allowed under the sales tax act, the state income tax act, and the city earnings tax authorization statutes for the collection of such taxes would not affect the constitutionality of those statutes.

(1) The City of Columbia and Boone County may cooperate in the acquisition or building of an office building to be used jointly for administrative offices; (2) that revenue bonds cannot be used by the City of Columbia or Boone County for the purpose of financing the acquisition or construction of such a building; (3) by a vote of the people general obligation bonds may be issued by the City of Columbia and by Boone County for financing the acquisition or construction of such a building.

Opinion letter to the Honorable Alden S. Lance

Opinion letter to the Honorable J. H. Frappier

Opinion letter to the Honorable E. Hunter, Jr.

Opinion letter to the Honorable Thomas A. David

Opinion letter to the Honorable Charles B. Adams

Opinion letter to the Honorable William C. Batson , Jr.

Under Sections 111.420 and 111.580, RSMo 1959, write-in votes for president and vice-president which are properly cast must be counted, and do not invalidate a ballot nor any portion thereof.

One can hold the offices of United States Representative in Congress and party committeeman concurrently.

Probate Judge/ex officio Magistrate may not simultaneously serve as United States Commissioner pursuant to 28 , Section 631.

County cannot enter into a lease-type agreement for purchase of personal property on payment plan extending ever one year without a vote of the people.

County court cannot issue tax bills against adjacent property for road improvements.

Because of the provisions of Section 174.240, RSMo Supp. 1967 placing the entire administration of the Jasper County Junior College District in the hands of the Missouri Southern State College Regents, an audit by the State Auditor of Missouri Southern State College should include an audit of all expenditures by the Board of Regents in administering the first two years of college under the Jasper County Junior College District.

Opinion letter to the Honorable James C. Skaggs

Wholesalers may lawfully make deliveries of liquor and beer to retailers on election days.

An absentee ballot which is mailed to the issuing officer by an individual other than the voter at the request of the voter, is a valid ballot and should be counted if otherwise in compliance with the Absentee Voting Laws.

County courts and boards of election commissioners have authority to appoint as election judges only members of the Democratic and Republican parties because such two political parties are the parties which received the largest number of votes and the next largest number of votes at the last general election. The county courts and boards of election commissioners have no authority to select judges from lists submitted to them by the alleged representatives of a third political party.

A vote on November 5, 1968, by a municipality to issue general obligation bonds, will not pass if more than 60%, but less than 66-2/3% of the vote is favorable, even though on the same date a proposed constitutional amendment to reduce the percentage requirement to 60% for the issuance of such bonds obtains a majority vote.

Opinion letter to the Honorable William R. Antoine

1. The State Purchasing Agent Law does not apply to purchases made by the University of Missouri. 2. The State Purchasing Agent Law applies to purchases made by departments including state colleges from non-appropriated funds. 3. The State Purchasing Agent Law does not apply to purchases made by a department under statutes now in effect or which may be enacted in the future giving a department specific authority to contract or purchase directly from a seller. 4. The State Purchasing Agent Law does not apply to leases or purchases of land by the State Conservation Commission, the State Highway Commission or the State Park Board.

The clerk of the juvenile court should tax as cost the five dollar fee provided for by Section 485.120, RSMo 1959, when the juvenile court appoints an official court reporter. The five dollar fee must be paid by the clerk into the county or city treasury and the court reporter is not entitled to same.

It is the duty of the sheriff, if he is convinced that a person in his custody is a juvenile, to report the matter directly to the juvenile court or to the juvenile officer together with all the information he has obtained, and this relieves the sheriff of any further duty insofar as this juvenile is concerned.

A hospital board of trustees created by and acting pursuant to Sections 205.160 to 205.340, RSMo 1959, as amended, RSMo. Cum. Supp. 1967, may lease existing hospital facilities from a private organization until a permanent county hospital can be erected. Funds raised by the tax levy authorized by Section 205.200, RSMo. Cum. Supp. 1967, cannot be used to pay the rental on the leased facilities.

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.