Missouri Attorney General Opinions

The 1965 Amendments to Chapter 144 do not relieve a public water district formed under the provisions of Section 247.010 et seq. RSMo 1959 from collecting sales tax from domestic, commercial or industrial consumers to whom it sells water and remitting the same to the Department of Revenue.

The Director of Revenue may grant a refund of overpaid sales and use taxes as authorized by Section 144.190, RSMo 1959, only when a proper claim for said refund is filed within one year from the date of overpayment.

Housing authorities of Missouri have the power under Sections 99.090 and 99.100, RSMo 1959, to establish fixed rents for like housing units and are not bound to establish rent as a percentage of the tenants’ income.

Applications made by mail for absentee ballots may be made signed either by the person’s signature or his mark if properly authenticated. If not authenticated, the Board of Election Commissioners should investigate to determine the validity of the application. If the application is made in person, by the voter, it may be executed, either by the voter’s signature or his mark.

In cities of the Fourth Class an alderman may not be appointed a special police officer; and an alderman, by virtue of his office as alderman, is not empowered to carry firearms.

The records of the county boards of equalization are public records, open to public inspection during business hours, and under such reasonable rules and conditions as proper authority may require.

Policeman of third class cities outside of St. Louis County do not have authority to make ordinance violation arrests in hot pursuit beyond city limits.

Opinion letter to the Honorable William R. (Bill) Royster

Sheriffs entitled to compensation provided in Senate Bill 237 of the Seventy-fourth General Assembly during the present term of office; must pay all criminal fees into county treasury; mileage for serving criminal warrants and criminal investigation and payment for person’s meals are “reimbursable expenses”; salary provisions of Sections 57.390, 57.400, 57.403, 57.405 and Senate Bill 237 are “remunerations” within meaning of Senate Bill 237.

1. A city shall (used in a mandatory sense) meet with appropriate representatives of city employees when proposals relative to salaries and other conditions of employment are presented to the city. 2. When the discussions between the representatives of the city and the labor unions have been completed and the results reduced to writing, the agreement must be submitted to the governing body of the city in the form of an ordinance, resolution, bill or other form for “adoption, modification or rejection.” This procedure does not constitute “collective bargaining” in the usual understanding of such phrase because the results of the completed discussions, when reduced to writing, do not constitute a legally enforceable contract.

Insurance upon the lives of installment credit account holders must be made pursuant to 408.260. Companies issuing such insurance must be authorized to do business in Missouri.

Opinion letter to Mr. Charles O’ Halloran

Opinion letter to the Honorable Gene McNary

Opinion letter to the Honorable James E. Godfrey

Petition for adoption of nonpartisan court plan in 21 st judicial circuit, August 6, 1968, follows form set out in Section 1, House Bill No. 27 of the 74 General Assembly and is sufficient.

Opinion letter to the Honorable James A. Noland

Section 64.755, RSMo Cum. Supp. 1965, does not prohibit counties of any class from issuing bonds for park purposes even though political subdivisions in that county are presently taxing for park purposes at the rate of two mills.

Opinion letter to the Honorable Thomas R. Gilmore

Opinion letter to the Honorable Donald L. Manford

1) A county superintendent does not have authority under Section 167.121, RSMo Supp. 1965, to assign a pupil from a district in the State of Missouri to attend a school district of another state.; 2) The board of education of a Missouri public school district may contract with the school district and officials in another state for the providing of instructional services to pupils resident of the Missouri district where the schools of the other state are more accessible to the pupil so long as the contract does not delegate or surrender governmental functions and duties which are inherently vested in the Missouri public school board.

1. As used in Section 129.060, RSMo 1959, providing that no deduction shall be made from an employee’s “usual salary or wages” when he absents himself from employment for a maximum of three hours on election day, the quoted words refer to an amount received on a typical working day, and cannot be construed to indicate the usual hourly rate of wages. 2. Under a union contract requiring additional compensation for hours in excess of 7 1/2 worked in one day, and where an employee has previously worked nine (9) hours a day for over a year, any employer who excuses the employee to vote on election day after he has worked 8 1/2 hours, is required to pay such employee his usual salary or wages of 7 1/2 hours straight time pay plus 1 1/2 hours of overtime pay in accordance with Section 129.060, RSMo 1959.

The State Tax Commission has no authority to equalize only a portion of any class of property established by Section 138.390, RSMo. Its report and order purporting to decrease the valuation of “Motor vehicles, trucks, airplanes, motorcycles” in St. Louis City by 50 per cent in effect subdivides the statutory class for “other tangible personal property” and establishes a new class. It is the opinion of this office that the report and order is beyond the power of the Commission and therefore, is void and without effect.

Opinion letter to the Honorable Gene E. Voigts

If one is charged with operating motor boat in reckless or negligent manner so as to endanger life or property of any person, by permitting one to ride on bow, while boat is operated; no criminal violation of Section 306.110 (1) RSMo 1959, would be alleged. In addition to such allegations, other facts must be given, specifically showing how motor boat was operated in reckless and negligent manner within meaning of said section, to sufficiently charge defendant with violation of same.

A corporation which agrees for a specified annual payment to reimburse or furnish, wholly or partially, to its contract holders financial responsibility bonds, bail bonds, accident-travel expenses, legal expenses, emergency road service, towing, and tire changing arising from the operation of motor vehicles is engaging in the insurance business.

Section 329.070, RSMo 1959, requires a person to be at least seventeen years of age before that person can be an apprentice or student. The State Board of Cosmetology cannot waive this requirement.

Under the provisions of Section 194.190, RSMo Cum. Supp. 1965, only a person 18 years or older of sound mind may consent by writing as provided therein to donate his body or parts thereof to a named institution. A college, university, licensed hospital or the State Anatomical Board is not exempted from tort liability by Section 194.190 (6) if such institution removes or uses all or any part of a body for scientific, educational or therapeutic purposes without the written consent of the decedent except for cases where the consent of the decedent had be revoked but the institution acted in good faith without actual knowledge of the revocation.

(1). Upon withdrawal or discharge from service of an employee, not a member of the General Assembly, who has served less than 15 years, such employee’s accumulated contributions shall be retained by the Board of Trustees until the employee makes a written request for refund of his contributions.; (2). The Board of Trustees has no authority to determine that such a withdrawn member’s contributions shall be refunded, without a written request by the employee. (3). In the case of an employee, not a member of the General Assembly, who has served less than 15 years, upon his withdrawal or discharge from service, he ceases to be a “member” of the Retirement System without regard to whether he makes request for a refund of his contributions.

Opinion letter to the Honorable Lowell McCuskey

Opinion letter to Mr. Herbert C. Clare

Opinion letter to the Honorable George W. Parker

Opinion letter to Mr. John Harry Wiggins

The recorder of deeds has the authority and duty to determine whether instruments entitled to be recorded in his office are to be recorded by making photographic copies of such instruments which shall be bound, paged and indexed in record books pursuant to Section 59.410 RSMo 1959, or whether such instruments are to be recorded by means of microfilm or other mechanical process pursuant to Section 109.120, RSMo Cum. Supp. 1965.

Electronic voting systems may be used in second class counties containing part of city of more than 350,000 when ballot card placed in envelope, envelope number entered in poll books, second envelope number placed on ballot card and sticker placed on both numbers on envelope.

Opinion letter to the Honorable James R. Hall

(1) Soil and water conservation subdistricts organized under the provisions of Chapter 278, RSMo, to carry out watershed protection and flood prevention purposes and to further conservation and utilization of water for additional purposes including recreation, irrigation and wildlife development, have implied power to construct dams across non-navigable streams to achieve the ends for which the subdistricts are created; (2 ) Such soil and water conservation districts are governmental agencies of the state and do not come within the purview of Chapter 236 RSMo, which requires private persons or corporations to obtain permission of the circuit court to build dams for mills, electric power or other machinery; (3) Any damage to the riparian rights of downstream landowners from the construction of dams by soil and water conservation subdistricts would be consequential and result from the proper exercise of the police power of the state and be damnum absque injuria.

A public school board may allow the use of public school property by a church college or municipality for civic, social and educational purposes that do not interfere with the prime purposes of the school property and that where there is an exchange of consideration between the public school district and the church educational institution, then there is no aid to religion.

Opinion letter to the Honorable H. Dean Whipple

Opinion letter to the Honorable Michael Kinney

Opinion letter to the Honorable Hubert Wheeler

Venue of offense of witness not appearing in Workmen’s Compensation hearing is in county where witness was to appear.

Juvenile Court first acquiring jurisdiction over neglected child has exclusive jurisdiction in proceedings to terminate parental control.

Prosecuting attorney to furnish legal advice to juvenile officer but not participate in court proceedings.

A city may use funds allocated to it under provisions of Article 30(a), Constitution of Missouri, (Motor Fuel Tax) to purchase rights-of-way for street expansion.

(1) Under Supreme Court Rule 27.26, effective September 1, 1967, post-conviction transcripts are transcripts in civil cases and when ordered by the court under provisions of Section 485.100 RSMo Supp. 1965, the cost of such transcripts shall be paid for by the county, providing the appeal is duly perfected. (2). Unless the circuit court orders the transcript for an indigent under provisions of Section 485.100 the court reporter must furnish the transcript without fee as an officer of the court.

Opinion letter to the Honorable Charles H. Baker