Missouri Attorney General Opinions

A county may not condemn property for industrial development.

It is the duty of the penitentiary officials to transport a prisoner in their legal custody to and from a hearing in Circuit Court ordered under Supreme Court Rule 27.26. There is no authority for a county to pay a sheriff mileage for transporting the prisoners in this situation.

Opinion letter to the Honorable George W. Parker

Opinion letter to the Honorable James S. Corcoran

Opinion letter to the Honorable Maurice B. Graham

Opinion letter to the Honorable C. John Forge, Jr.

Review and certification of Missouri State Department of Education's Application for Program Grants for Migratory Children, 1969, Title I, PI, 89-10 as amended by PL 89-750.

A new political party organized under the provisions of Section 120.140, RSMo et seq. is a political party within the provisions of the statutes relative to the selection of challengers and watchers. There are no statutory provisions for challengers in areas other than Clay County, Jackson County, St. Louis County, Kansas City, and the City of St. Louis in general elections.

Review and certification of Amendment (June 12, 1968) to Missouri State Plan under the Library Services and Construction Act, 20 351 as amended by Public Law 89-511.

Section 549.111, RSMo Cum. Supp., 1967 does not include within its purview a person who has received his final discharge under federal law.

The Missouri Civil Defense Act (Chapter 44 RSMo.) envisions autonomous local civil defense organization in those political subdivisions defined by the law. Therefore, the county Civil Defense Agency has duties and responsibilities only within the areas of the county lying outside any of the statutorily defined political subdivisions having their own local organization for disaster planning.

The term of Rogers as a commissioner of the Jackson County Sports Complex Authority, expired July 15, 1968; a vacancy exists in such office which should be filled under the provisions of Section 64.930(4) RSMo Supp., 1967; he will continue to serve in such office until his successor has been appointed and qualified.

Neither the sheriff of a third class county nor his deputies are required to be present at each voting place during the entire election day.

Section 70.220, RSMo 1959 authorizes drainage and levee districts of the State of Missouri to contract with and enter into agreements with levee districts from other states and also with authorized agencies of the United States.

The respective counties in this state are liable for and are obligated to pay the expense of bond elections for County Hospitals and County Nursing Homes and there is no authority to pay such expenses from the proceeds of bonds sold pursuant to such elections.

If a candidate for nomination to an office of which he is an incumbent dies, withdraws or becomes disqualified after the close of the filing period for any primary election within the provisions of Subsection 1 of Section 120.545, RSMo Cum. Supp., 1967: (1) The five day reopened period for filing provided for in Section 120.545 commences immediately, the first day being the day immediately following the death, withdrawal or disqualification of the incumbent; (2) There are no requirements for notice to be given with regard to the opening of the five day reopened filing period provided for in Section 120.545; (3) The five day reopened filing period shall run on consecutive days unless the last day happens to be a Sunday in which case Sunday shall be excluded and the last day shall be Monday.

A county can submit to the voters under Section 137.065, RSMo 1959, a proposed increase in County Revenue Tax for the establishment and maintenance of the ambulance service authorized by Section 67.300, RSMo Cum. Supp., 1967.

Applicants for licensure to sell intoxicating liquor by the drink at retail for consumption on the premises pursuant to Section 311.090(2), RSMo 1959, and applicants for licensure to permit the drinking or consumption of intoxicating liquor in, on, or about the premises pursuant to Section 311.480(4), RSMo 1959, are required by law to post bond as required by such sections.

When more than one person claims ownership of a tract of land and insists on paying the taxes due on the particular tract of land; 1. The assessor should record the names of all claimants in the ownership column of the tax books, and, 2. The collector should receive and issue receipts for all amounts tendered by claimants as payment of the amount due on the particular tract of land.

Opinion letter to the Honorable Jack K. Smith

Regardless of a registering voter's answers to questions recorded in the files of the Kansas City election board, which reveal information regarding disability or literacy, absentee ballots properly applied for under the provisions of Chapter 112 must be supplied to the potential voter, and must be counted if properly cast.

The County Clerk of Jasper County is charged with and has the duty to retain possession of the registration records of Jasper County at all times, except to deliver, or cause to be delivered, said registration records to the judges of election appointed under and by virtue of the general election laws of election, on the day before any primary or general election for which registration is made. There is no statutory requirement that such registration records be delivered by the sheriff.

The extension of the municipal boundaries of the City of St. Charles does not automatically extend the boundaries of the St. Charles School District under Section 162.421, RSMo. Supp. 1967, where the territory taken in by the extension of the city is contained within a six-director school district that maintains a high school. The inhabitants of the area annexed by the City of St. Charles may not change the boundaries of the school district by election under Subsection 2 of Section 162.421, RSMo. Supp. 1967. However, the voters of the two school districts may change the boundaries between the school districts under the general change-of-boundary statute, Section 162.431, RSMo. Supp. 1967.

Resident of Andrew County who lives in a school district of Nodaway County having territory located in Andrew and Holt Counties, if he meets all other statutory qualifications, is eligible for and qualified to serve, if elected, as a member of the board of education of Andrew County.

There is nothing to prohibit a fire insurance company from switching from maintenance of its own public rating record to one that is maintained by an actuarial bureau if approval of the superintendent of insurance is obtained as prescribed by statute when the effect of said switching is to increase the fire insurance premium rates.

Review and certification of State Plan (June 19, 1968) submitted under Title , Elementary and Secondary Education Act of 1965, PL 89-10 as amended by PL 90-247.

Review and certification of the application by the State Board of Education for Grant (dated June 19, 1968) under Title V of the Elementary and Secondary Education Act of 1965, 20 861, et seq.

The Probate Court of Scott County must grant a reexamination on a petition for release from commitment from the State Hospital in Fulton when the petition is filed by one found to be mentally ill by the Probate Court of Scott County under Section 202.807, RSMo 1959.

Opinion letter to the Honorable Elmer J. Meyer

A Missouri employer is not obligated to allow time off for voting purposes to employees who live and vote in Kansas.

Opinion letter to the Honorable Donald L.

Opinion letter to the Honorable J. Anthony Dill

Opinion letter to the Honorable W. T. Bollinger

Female employee of bank covered by maximum hours of female employment law.

The accounts of the county treasurer of a second class county upon his retirement cannot be singled out for audit under either Section 29.230, RSMo Supp. 1967, or Section 50.055, RSMo 1959. Such audit can be made only under Section 55.160, RSMo 1959. An independent certified public accountant cannot be hired to audit only the accounts of the county treasurer, but can be hired to audit all the accounts of the county at a maximum cost of five thousand dollars under Section 50.055.

An insurance agency originally licensed after January 1, 1968 is required to pay an annual license fee of $25 on or before July 1, 1968.

Banking institutions and savings and loan associations which charge fees for making loans or charge discount points for making loans from their own funds are not required to obtain a real estate license under the Missouri Real Estate License Law.

An instrument conveying or affecting real estate with photostatic land description taped or stapled thereto meeting requirements of Section 59.330 RSMo. Cum. Supp. 1967 and Section 442.380 RSMo. 1959 as to recordability shall be recorded.

The Superintendent of the Missouri State Highway Patrol may issue private official inspection station permits to automobile dealers, municipalities and other governmental entities having one or more vehicles and/or trailers with a gross weight in excess of 6,000 . They meet the requirement of having the vehicles to be inspected registered in their names by virtue of qualifying for the registration exemption set out in Section 301.250, RSMo 1959.

Under Section 120.820, RSMo Supp. 1967, pertaining to political parties, Congressional District Committees must meet on "the last Tuesday in August after the primary election."

It is the opinion of this office that the intangible tax on Savings and Loan accounts is to be returned, less two per cent for collection, to the county treasury of the county in which the home office of the association is located. The taxes are to be distributed to the county and other political subdivisions in which the home office of the association is located in proportion to their respective local rates of levy.

Opinion letter to Honorable T. Jones, Jr.

Opinion letter to the Honorable James E. Spain

The question of establishment of a county health center may be submitted to the electorate on the day of the August primary election because such election is a “general election” within the meaning of Section 205.010, RSMo 1959.

Opinion letter to Mr. James Flanagan

Incidental differences such as differences in size, shape or color of labels, or differences in trade names or advertising emblems on labels, does not preclude registration of two or more economic poisons as a single product under Section 263.300, RSMo 1959, of the Economic Poisons Law when the writing on such labels is identical with respect to showing that the products have the same formula, are manufactured by the same person, the labeling of which contains the same claims and identifies the products as the same agricultural chemical.

1. The requirements of Section 178.810, RSMo Supp. 1967, relating to organization elections of junior college districts are met by giving notice by publication in any newspaper of general circulation in each county at the time and in the manner required by law. 2. The publisher’s affidavit of publication of notice of the election is sufficient if it conforms to the requirements of Section 493.060 RSMo. There is no requirement that this affidavit be produced except as may be necessary under the circumstances to provide “sufficient evidence of the publication.” 3. The recording by the State Board of Education of the copy of the order declaring the junior college district organized pursuant to Section 178.800, RSMo Supp. 1967, is sufficient to constitute notice to the county clerk and other county officials of the legal existence of the district.

It is not necessary for county clerks or boards of election commissioners to print a separate ballot when there is only one candidate filed on a nonpartisan or independent ticket in a primary election.

Employee who retires under union contract not eligible for unemployment compensation.

A tractor used for pulling a trailer or semi-trailer is not when being driven without the trailer or semi-trailer a truck and, therefore, does not come within the purview of Section 304.265, Mo. Supp., 1967, and is not required to have mud flaps for its rear wheels.