Missouri Attorney General Opinions

Opinion letter to the Honorable T. Jones, Jr.

A provision for pensioning of salaried employees of a fire district who incur non-service connected disabilities requiring their retirement from service of the fire department is within the authority of the board of directors of a class one county fire district.

Statute requiring operators or passengers on motorcycles to wear helmets constitutional.

A development finance corporation formed under the provisions of Chapter 371, RSMo, may borrow money from any number of persons including members at the same time. Money borrowed from nonmembers may be secured as provided by Section 371.130 (4), RSMo Supp. 1965, in any priority.

Doctrine of “one-man, one-vote” does not apply to positions that are appointed.

Opinion letter to the Honorable Dexter D. Davis

Opinion letter to the Honorable Don

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

Opinion letter to the Honorable Albert F. Turner

Opinion letter to the Honorable C. M. Bassman

It is illegal for a special road district to repair or improve any private roads even though the cost is paid for by the owner.

House Bill No. 136 (74 General Assembly), if enacted, would not invalidate presently valid registrations.

Dividends received from both in-state and out-of- state savings and loan associations are not subject to Chapter 146, RSMo, the Missouri Intangible Tax Law.

Opinion letter to the Honorable C. P. Lehen

Opinion letter to the Honorable Arlie H. Meyer

The employment by the Platte County Weed Control Board of one of its members to perform services for the Board is against public policy and therefore unlawful.

Opinion letter to Mr. Herman Julien

Opinion letter to the Honorable Homer D. Wampler,

Periodicals which do not have a paid circulation do not qualify as newspapers under Sections 231.280, RSMo 1959, which provides for publication in a newspaper of the township financial statement and inventory of township property.

Money received from the National Forest Reserves under Chapter 12, RSMo, and distributed to the various counties for the use of school districts shall under Section 165.011, RSMo Supp. 1965, be placed to the credit of the teacher’s fund.

Sales tax may not be assessed upon the sale of steam used for heating purposes.

Person claiming bounty for killing wild animals must personally subscribe to oath before county clerk.

A census taken by a fourth class city pursuant to Section 81.030, RSMo 1959, has the legal force and effect of a federal decennial census under Section 82.020, RSMo 1959, for the purposes of a determination of the population or number of inhabitants required for adoption of a Charter form of government under Article VI, Section 19, of the Constitution.

Opinion letter to the Honorable Kenneth J. Rothman

The Missouri Fair Employment Practices Act does not negate nor supplant the Nine-hour Law and related statutes.

State Welfare Department is required to prepare public assistance budget of income and expenses in determining need for aid to the blind.

Opinion letter to the Honorable Thomas A. Walsh

Opinion letter to the Honorable Thomas D. Graham

The City of Sedalia cannot undertake to construct a park four miles outside its corporate limits.

Opinion letter to the Honorable William R. Clark

Missouri Commission on Higher Education is empowered and authorized to receive and utilize federal grants under the Federal Higher Education Facilities Comprehensive Planning Grants Program.

By virtue of Article , Section 9, Missouri Constitution, it is unlawful for a person to hold the position of member or alternate member of a County Agricultural Stabilization Committee Board and at the same time hold the office of collector, trustee or assessor of a township in this state.

Opinion letter to the Honorable Fielding Potashnick

School Board Member who votes to employ relative violates constitutional nepotism provision. Violator forfeits his office.

Third class city may sell water to other cities and to individuals beyond its corporate limits. Such city may not own facilities beyond its corporate limits to deliver such water. Such sales are not subject to jurisdiction of Public Service Commission. Third class city may not sell gas beyond its corporate limits. This opinion does not apply to cities having combined waterworks and sewerage systems which fall within the provisions of Section 250.190, RSMo.

Opinion letter to the Honorable Melvin D. Benitz

Opinion letter to Mr. James L. Paul

Opinion letter to the Honorable William H. Bruce, Jr.

Opinion letter to Mr. Robert L. Hyder

Fees for services rendered under Grain Warehouse Law shall be set by Commissioner of Agriculture to produce sufficient revenues to meet the expenses of administering the law.

Opinion letter to the Honorable James Millan

(1) The State Highway Department does not have authority to use State Highway funds for the purpose of making surveys and tests for the establishment of an airport in Lake Ozark State Park. (2) The State Highway Commission does have authority to expend State Highway funds for the purpose of relocating a highway located in a State Park caused by the location of an airport therein.

It is mandatory that a fourth class county pay cost of foster home care.

Articles of Incorporation of American Patriot Life Insurance Company.

Pursuant to Section 483.485, RSMo Cum. Supp. 1965, a county court determines the need for additional employees of a magistrate court and also determines the amount of salary to be paid from the county funds.

County voter registration under Chapter 114, RSMo, does not apply to voters living outside Springfield voting for county superintendent of schools or the school election.