Missouri Attorney General Opinions

Opinion letter to the Honorable James L. Paul

(1) A junior college district has the power to provide adult basic education for residents without regard to age; (2) Junior college districts are authorized to provide adult education gratuitously out of revenues derived by the school district from sources other than those described in Article IX, Section 3, of the State Constitution, and only with revenues which are not required for the establishing and maintaining of free public schools for persons between the ages of 6 and 20 years; (3) Junior college districts can contact and cooperate with the Federal Government and provide a local matching share in cash for adult basic education programs under the Economic Opportunity Act of 1964; (4) A junior college district may accept donations of money which are given to provide for the financing of an adult basic education program.

Pursuant to Section 304.230, RSMo. Cum. Supp. 1965, on roads other than the federal interstate system of highways, a truck operator is permitted to shift the weight on an overloaded axle or axle group in such a way as not to overload any axle or axles without being charged with a violation, even though this be accomplished without removing or redistributing any part of the cargo on the truck; provided that an operator is guilty of a violation who thereafter intentionally shifts the weight in any manner so as to over load any axle or axles.

City council is unauthorized to convey real estate, legal title of which is in board of trustees of city library for use and benefit of library. When board of trustees of city library uses library tax funds to purchase real estate to be used for library purposes, deed of conveyance should be to board of trustees.

Hospital district pays election expense for election of members of hospital board and election for bond issue of district.

Pursuant to Section 478.013, RSMo. Cum. Supp. 1965, (1) it is mandatory that the circuit judge or judges of a judicial circuit composed of two or more counties, one of which is a county of the second class, shall each receive $3,000 payable by the counties composing the circuit, with each county contributing a proportionate part thereof, determined by the ratio that the population that each county bears to the population of the entire circuit; (2) the judge or judges of a circuit composed of or within a single county are not entitled to receive any greater annual compensation than $19,000, including such part as may be paid by such county.

Opinion letter to the Honorable Haskell Holman

Opinion letter to the Honorable James L. Paul

Sections 162.211(3) and 162.221 et seq., RSMo. Supp. 1965, are applicable to six-director school districts of St. Louis County, and 25 voters of such districts may petition for the establishment of a six-director district which combines adjacent districts.

(1) “Equalization quota” and “Second level equalization quota aid shall be paid to the school district wherein the assigned pupil resides as provided by Sections 163.031(1) and 163.033, RSMo. Supp. 1965; (2) “Flat grant” aid shall be paid to the school district where the assigned pupil attends school as provided by Section 163.031(3), RSMo. Supp. 1965; (3) In calculating tuition rate of an assigned pupil, the per pupil cost of maintaining the school attended should be reduced by the amount of “flat grant” aid per pupil, as provided by Section 167.131, RSMo. Supp. 1965.

Opinion letter to Mr. Joseph Jaeger, Jr.

Opinion letter to the Honorable Thomas A. David

Article , Section 12, Missouri Constitution 1945, prohibits teachers and other employees of a public school district from holding the office of State Senator or Representative.

Opinion letter to the Honorable James G. Lauderdale

Voter registration records consisting of pink, blue and white copies of registration sheets required to be kept by the county clerk pursuant to Sections 114.130 and 114.140, RSMo, shall be available for public inspection.

Under the current statutes, there have been two independent boards created to govern the Jasper County Junior College and if organized, the Missouri Southern State College at Joplin , Mo. Each Board has defined statutory duties. The Board of Trustees is the proper agency to call an election; and where approved by popular vote, to issue bonds, to sell the bonds as obligations of the Junior College District and to levy taxes pay the principal and interest thereon.

It is unlawful under Section 311.070, RSMo 1959, for the Anheuser – Busch Employees Association to operate a package liquor store and a tavern for on-premise consumption for 5% beer and intoxicating liquor.

Money received by the recorder of deeds for making xerox copies of legal documents on file in his office must be reported as “fees” accountable in a second class county as prescribed by Section 59.230, Mo. Supp. 1963.; Money received by the recorder of deeds for making credit search and selling lists of chattel mortgages to various banks and loan companies does not constitute funds recoverable by the county as “fees” accountable under Section 59.230, Mo. Supp. 1963, or as money collected under color of office.

Opinion letter to the Honorable Don E. Burrell

A public water supply district, formed under the provisions of Section 247.010 to 247.220, required to file financial reports.

Neither the Greene County Coroner nor members of the Highway Patrol have authority to withdraw a sample of blood from the body of an individual killed in an automobile accident when no inquest is held.

Opinion letter to the Honorable William Fickle

1. County Board of Equalization cannot change benefit assessment for levee.; 2. Benefit assessment for maintenance tax may be changed under Section 243.063.

The Board of Election Commissioners has the responsibility to determine the qualification of voters . Where an elector changes his name, he is entitled to reregister under such name if the change of name was bona fide and not fraudulent in its purpose. Where an issue of good faith arises in a change of name, the Board, after hearing all the evidence, should determine if such change of name is bona fide. If the parties act in good faith with full disclosure of the facts, there would be no violation of Section 129.680, RSMo 1959.

Opinion letter to the Honorable Earl R. Blackwell

A constitutional charter city, if authorized by the charter, may impose a license tax on vending machines owned or rented by a school district and located within such city, as the tax imposed is not on property owned by the school district, but on the privilege of using such vending machines.

Opinion letter to the Honorable Thomas A. David

The state depository contract provides for time deposits, open account for which the state is paid interest on an escalating scale. Banks cannot return deposits unless the banks terminate the contract on 30 days written notice. The 30 days begin to run when the notice is received by the State Treasurer.

Opinion letter to the Honorable Dan Bollow

If published as described in Section 64.550, RSMo 1959, in at least one newspaper having general circulation within the county, and if posted fifteen days in advance of the hearing, in at least four conspicuous places in each township.; The county court must make a reasonable effort to hear arguments and evidence, pro and con, on the adoption the County Dumping Ground ordinance. The county court, in its discretion exercised in a reasonable manner may control and limit such presentation.

Pneumatic tires made of rubber, nylon, or some similar synthetic, studded with metal inserts as described herein, are not prohibited by statute in the State of Missouri.

Opinion letter to the Honorable Thomas David

Vehicles leased by a city and used by the police department of the city must be registered and licensed upon application of the person, firm, corporation or association holding legal title to such vehicles unless such vehicles are the subject of an agreement of lease with the right of purchase upon performance of conditions stated in an agreement for lease.

Abandonment and failure to support child prior to October 13, 1965, misdemeanor. Abandonment after October 13, 1965, constitutes felony.

The compensation provided for by Senate Bill No. 355 enacted by the General Assembly applies during the present term of office.

Monies collected under House Bill No. 292, General Assembly, enacted as Section 311.328 (5), V.A.M.S. August 1965 Pamphlet, should be paid into the treasury as general revenue. It is our further opinion that Section 4.645, Conference Committee Substitute for House Bill No. 4, General Assembly, is not unconstitutional.

A hospital district, duly organized has authority to levy taxes under the provisions of Chapter 206 before a hospital is actually constructed and operating. Such funds can be used to buy land for the hospital site, construct the hospital and/or other purposes set out in Section 206.110 RSMo., Cum. Supp. 1963.

Opinion letter to the Honorable Fielding Potashnick

Opinion letter to the Honorable William W. Hoertel

Opinion letter to the Honorable James L. Paul

Opinion letter to the Honorable Don E. Burrell

Time for filing claim extended to one year after the filing of report of injury by employer, under Sections 287.430 and 287.440, Laws of 1965.

Opinion letter to the Honorable Frank C. Mazzuca

Opinion letter to the Honorable Alden S. Lance

Ballot Title for Conference Committee Substitute for House Substitute No. 4 for House Committee Substitute for House Joint Resolution No. 1 – First Extra Session General Assembly.

(1) Increase mileage allowed sheriff under Senate Bill No. 87, effective October 13, 1965. (2) Increase in amount available under Senate Bill 89, for deputy clerks in third class counties, effective October 13, 1965. (3) increase in amount available under House Bill No. 71, for probate clerks effective October 13, 1965. (4) Increase in salary for county highway engineers under House Bill No. 473, does not apply to present term of office. (5) Salary increase under Senate Bill No. 88, for county clerks does not apply to present term of office. (6) Increase in amount available for deputy county clerks in fourth class counties under Senate Bill No. 88, effective October 13, 1965. (7) Increase in compensation for county clerks, except in second class counties under Senate Bill No. 90, effective October 13, 1965. (8) Increase in compensation under Senate Bill No. 90, prorated on monthly basis.

Salary increase under Senate Bill No. 267 not applicable during present term of office.

House Bill No. 356, General Assembly (Section 321.220 as amended) Subsection 15 authorizing a pensioning program for firemen in Fire Protection Districts in counties of the first class is constitutional. House Joint Resolution Nos. 5 and 15 would allay any questions of constitutionality of the pensioning program for firemen in Fire Protection Districts in counties of the first class. Under House Bill No. 52, General Assembly (Section 321.240 V.A.M.S. August 1965 Pamphlet) the Board in its discretion may provide for a program of pensions through an insurance company except that a mutual company having an unlimited assessment liability may not be employed. The special fund raised for this purpose by taxation can only be utilized to provide a pension program.

Opinion letter to Mr. Eugene P. Walsh

County courts may execute leases for several years providing current and surplus funds on hand will be adequate to pay their obligations under the lease. Such lease could be funded by bonds if authorized by popular vote under Section 26(b) Article VI, Missouri Constitution 1945. County courts may execute a lease for multiple years that would be binding on succeeding courts, providing the contract is not for an unreasonable term or is in bad faith or fraudulent.