Missouri Attorney General Opinions

1. Commission of another offense incident to driving while intoxicated is not necessary in order to convict an individual for the offense of “driving while intoxicated.; 2. An individual arrested for “driving while intoxicated” may have his license revoked for refusing to submit to a breath test, whether the arrest involved another offense incident to driving while intoxicated or not.

If petition for establishing county library district outside all cities and towns with tax supported libraries of county, filed with county court of such county, under Section 182.010 RSMo 1959, and court finds petition to comply with section, it shall make record required by section.; Court without discretion has mandatory duty of ordering election held. Court has discretion in setting date, and may order election held on next annual school election date or on special election date of petition. Cannot hold election less than forty-five days after filing of petition.

Increase in compensation for Senators and representatives under House Bill No. 100 of the General Assembly effective first day of regular session of General Assembly. Increase applies to holdover Senators as of such date.

Opinion letter to the Honorable Jewell Kennedy

Opinion letter to the Honorable James C. Kirkpatrick

Opinion letter to the Honorable James C. Kirkpatrick

Prescription glasses may be sold or dispensed to the individual who will wear the glasses or anyone of his choosing, and wholesale optical suppliers or manufacturers are not required to furnish such glasses pursuant to an individual prescription only to licensed optometrists and physicians.; Preparing a prescription for corrective glasses constitutes the practice of optometry as defined in Section 336.010, RSMo, and such a prescription may not be altered or changed in any manner that would affect the corrective properties of the lens by anyone other than a licensed optometrist or physician.

The annual license tax prescribed by Section 318.020, RSMo 1959, for tables described in Section 318.010, RSMo 1959, is applicable to pool tables which are not regulation size and are coin operated.

Opinion letter to the Honorable Haskell Holman

An owner of an ambulance service who operates an ambulance in connection with his business of providing ambulance service for compensation is required by Section 302.020, RSMo 1959, to have a valid chauffeur’s license.

Where a public road is closed or abandoned, the county would have a reasonable time to remove a bridge located on a county road. Title to the bridge does not revert to the adjoining landowners.

Opinion letter to the Honorable Bill D. Burlison

Opinion letter to the State Board of Education

A six director school district is a public corporation and under Section 177.101 RSMo Supp. 1965 when applicable, certain six director school districts are authorized to establish and maintain parks within their districts.

Rabbis have the power and authority to solemnize marriages in this state.

A coroner of a fourth class county, being himself, a physician or surgeon, is not entitled to a twenty-five dollar fee ($25) in conducting a post-mortem examination in addition to compensation in the form of salary as provided by law.

Patient in county nursing home established under Section 205.375 RSMo 1959 which is a public medical institution, under Section 208.010 RSMo 1959 may receive old age assistance payment if otherwise eligible. Division of Welfare has discretion to pay old age assistance to recipient-patient in county nursing home as it determines proper, or directly to county nursing home it has classified as medical institution.

The statutory prohibitions against interracial marriages as set forth in Section 451.020, RSMo Supp. 1965, and Section 563.240, RSMo 1959, are unconstitutional.

The relationship between the Mayor of a third class city and an employee who is the husband of the Mayor’s sister, is a relation within the fourth degree, by affinity, within the meaning of Article , Section 6, Missouri Constitution 1945 and hence this appointment violates Article , Section 6, Constitution of Missouri 1945.

The State Park Board has implied power and authority to construct an airport on State Park Land.

In a county in which there is no county highway engineer the county planning commission may nonetheless function.

Facilities owned by schools and colleges, used exclusively as residences for students and/or faculty of the school, are exempt from property taxes by Section 137.100, RSMo if this use is primarily for educational purposes and not only as housing facilities for the convenience and benefit of the students or faculty residing therein. The determination of what constitutes the primary use rests upon the facts of each individual case.

Opinion letter to the Honorable Gene E. Voigts

Operation of motor vehicle over city streets, whether marked or unmarked as state highway, by one in an intoxicated condition, a violation of Section 564.440, RSMo 1959, defining and fixing punishment for operating motor vehicle by intoxicated person, regardless of fact said city had ordinance in effect at time of alleged act, prohibiting operation of motor vehicle in city while one was intoxicated and city failed to charge such person with ordinance violation.

Review and certification of State Board’s application for program grant to provide educational programs for migratory children of migratory agricultural workers under Title I, Public Law 89-10 as amended by Section 103, Public Law 89-750.

Opinion letter to the State Board of Education

Scheme for recovery of medical and hospital expenses through voluntary contributions constitutes engaging in insurance business.

A hearing to determine if an accused is a second offender should be conducted by the court outside the presence of the jury at a time which will be least disruptive of the trial. Proof of prior convictions may be in the form of authenticated copies of former judgments. Identification may be made through commitment papers. Punishment may be assessed by the court at any time after verdict if the accused is found to be a second offender, but sentence is not actually imposed until the judgment is rendered.

(1) The Mexico City Library and the Audrain County Library District are authorized to expend funds to remodel a building for the use of both (2) That the building may be owned by the two as tenants in common and (3) That the two may enter into a cooperative agreement respecting the rights and obligations of both.

Section 50.055, RSMo 1959, and Section 29.230, RSMo Supp. 1965, are alternative methods by which the State Auditor can be requested to audit a second class county. If the request is properly made under either statute, the State Auditor must audit the county. In either event the county must pay for the cost of the audit.

County treasurer and county judge may serve as director of six-director school district.

Property leased by an individual or private business to the United States, the state, city, county or a political subdivision of the state, under a lease-purchase or rental-purchase agreement, for a consideration, is not owned by such governmental unit and is not exempt from taxation under Section 137.100, RSMo 1959, prior to the time the option to purchase is irrevocably exercised. Property leased by an individual or private business for a consideration under a rental-purchase or lease-purchase agreement to an organization to be used for religious worship, for schools or colleges or for charitable purposes, is not exempt from taxation under Section 137.100, RSMo, prior to the exercise of the purchase option because the property is not being used exclusively for such purposes.

A van-type vehicle designed to accommodate eight people and regularly used as a courtesy car by motels to transport not more than eight guests to and from the airport is not a “commercial vehicle” as defined in Section 301.010 (1) RSMo 1959, and is not required to be licensed as such. An employee of a motel which regularly uses these vehicles for such purpose is acting as a chauffeur as defined in the second classification of Section 302.010 (3) RSMo Supp., 1965, and may be prosecuted for a misdemeanor if he so operates such a vehicle without possessing a valid chauffeur’s license.

The County Court of a second class county must comply with Section 50.660, RSMo 1959, and submit all contracts involving expenditures of $500.00 or more for insurance on county property to the lowest and best bidder after due opportunity for competition.

A registered cosmetology school cannot require its students to pass a final examination before releasing the students hours, and allowing the students to take their state board examination. The right to a state license is not dependent upon the completion of any school’s course but only upon having the qualifications required by Section 329.050, RSMo Supp. 1965, as determined by the state board.

It is therefore the opinion of this office that the seal of a notary public may be imprinted directly upon the document or the impression may be affixed to the document. Either application is valid if the said seal bears the inscribed information required by Section 486.040, RSMo 1959. Any administrative rule or practice to the contrary appears to be in conflict with the above stated authorities.

County hospital trustees have exclusive control and expenditure of all money collected to credit of county hospital fund under Section 205.190, RSMo Cum. Supp. 1965, including taxes levied for hospital maintenance, under Section 205.200, RSMo Cum. Supp. 1965. Tax levy under said section may be used for maintenance, improvement, construction and furnishing necessary hospital additions. Said tax proceeds shall be used for purpose for which tax levied and none other. County court is unauthorized to transfer unused balance of hospital maintenance fund to county road and bridge fund or to county revenue fund.

Opinion letter to the Honorable Clinton Almond

Two or more persons whether members of labor union or not, collecting and disbursing money to be used in furtherance of election to public office of any person, constitute a political committee and treasurer must file report of expenditures in period during ninety days preceding election including primaries. Statute of limitations under Section 129.260 (3) requiring treasurer to file a statement within five days after request by five freeholders is one year.

Opinion letter to the Honorable Lawrence O. Davis

Opinion letter to the Honorable Jasper M. Brancato

Opinion letter to the Honorable Raymond Howard

A member of the legislature who has served six or more years as a member of the General Assembly and whomeets the conditions for retirement at or after normal retirement age is entitled to receive credit in calculating his retirement annuity for having served in a biennial assembly from which he has resigned.

Opinion letter to the Honorable Donald L. Manford

Opinion letter to the State Board of Education

Opinion letter to the Honorable Harry L. Porter

The disposition of state records, regardless of pre-existing laws, is now governed by rules and regulations promulgated by the State Records Commission pursuant to Section 109.310, RSMo Supp. 1965, after the effective date of the adoption of such rules and regulations.

Opinion letter to the Honorable William J. Esely

Opinion letter to the State Board of Education

A county treasurer of a second class county must submit his deputy and assistant appointments to the county court pursuant to Section 54.230, RSMo 1959.