Missouri Attorney General Opinions

Opinion letter to Mrs. Olean Barton

The City of St. Joseph and the County of Buchanan are authorized to create a Metropolitan Planning and Zoning Commission. Under the contract which has been executed by these two political entities, whereby this Planning agency has been created, the agency is authorized to enter into appropriate contracts with State or Federal agencies without securing prior approval from the City of St. Joseph or the County of Buchanan.

Cooper County, Missouri, is not liable for payment of premiums on surety bond of Collector of Revenue of said County for years 1960 through 1964.

A school board director is prohibited from participating in any contract or transaction in which he has a direct or indirect interest including the ownership of stock in a corporation doing business with the school board.; A school board of directors may deposit funds of the school district in a bank in which the president of the school board has such a small amount of stock that such ownership will not influence his judgment in behalf of the public interest and in which he is neither an officer or a director and where there is no bad faith or fraud.

1. Where more than one petition to call an annexation election is presented to a school board, the board has a duty to order an election upon the first valid petition before the remaining petitions are acted upon; 2. Where an annexation election has been held and an annexation offered, the receiving district must act upon the annexation within a reasonable time. A delay of nine months in acting upon an annexation offer is not unreasonable as a matter of law, but depending on the circumstances of each case, may be considered unreasonable by a court.

A teacher in the public school system of Missouri, who was eligible for state teacher retirement benefits under the Public School Retirement system of Missouri, upon reaching age 70, is also covered by Federal Social Security after reaching age 70 when and if he occupies a position different from any position he occupied prior to age 70 which was covered by such state teacher-retirement system.

Opinion letter to the Honorable James L. Paul

Ballot title for Senate Joint Resolution No. 10

Opinion letter to Mr. Francis O’ Brien

Swine Buying Stations are livestock markets.

Ballot title for House Joint Resolution No. 26

A life insurance company cannot accept the provisions of the General and Business Corporations Act.

Opinion letter to the Honorable Warren E. Hearnes

Articles of Incorporation of the Congressional Life Insurance Company

Ballot title for House Committee Substitute for House Joint Resolutions 5 and 15

Opinion letter to Mr. James L. Paul

Opinion letter to the Honorable John A. Callow

Opinion letter to the Honorable Patrick J. Hickey

Ballot title for Conference Committee Substitute for House Joint Resolution No. 48

Articles of Incorporation of Founders Security Life Insurance Company.

Articles of Incorporation of Central Investors Life Insurance Company.

Opinion letter to Mr. Thomas L. David

Amendment of Articles of Incorporation of Old American Insurance Company.

Articles of Incorporation of National Pilot Life Insurance Company.

With respect to the commitment and hospitalization of the mentally ill, Sections 202.780 to 202.870, RSMo: (1) The probate court may order that commitment for hospitalization pursuant to Section 202.807 be to the Division of Mental Diseases; (2) The Division has authority under Section 202.823 to transfer an involuntary patient from one State hospital to another State hospital without the concurrence of the court ordering the hospitalization.

Opinion letter to the Honorable Philip G.

Opinion letter to the Honorable Richard J. Rabbitt

The 1961 amendment to Section 194.115, V.A.M.S., does not authorize a coroner of a Class county to order an autopsy performed without the consent of the next of kin or without having been so directed by a coroner’s jury.

Recorder must accept for recordation all instruments that are defined by Sec. 59.330, V.A.M.S. and in proper form duly acknowledged. Instrument whose acknowledgments are reproduced are not acceptable for filing.; Photocopies or reproduction of acknowledgments are not acceptable on instruments offered for recordation.; Photocopies of acknowledgments are not acceptable for recordation even though a notary seal is affixed.

Opinion letter to the Honorable Ralph E. Smith

Opinion letter to the Honorable Frank Conley

Opinion letter to the Honorable James R. Hall

When an otherwise properly recordable instrument is presented and there are maps, plats, surveys, or other documents attached it is the duty of the recorder to record the instrument regardless of whether the maps, plats, surveys, or other documents are affixed with the seal and signature of a land surveyor.

With respect to mentally ill persons, Sections 202.780 to 202.870, RSMo 1959:; (1) Section 202.863 requires patients be classified as private or county patients and that county court hold hearing within ten days after notice by superintendent to determine indigency , subject to review by circuit court; (2) Sections 202.220 and 202.240 apply and permit redetermination by probate court of patient’s pay status; (3) Section 31.050, RSMo Cum. Supp. 1963, requires superintendent to return patient to responsible party upon failure to pay support; (4) Hospital has no right of recovery against county for period pending determination of indigency ; (5) Responsibility of other persons for care of patient pending determination of indigency depends on facts of individual case.

Opinion letter to the Honorable Allen S. Parish

In a county of the second class with less than one hundred thousand inhabitants a sheriff who receives a commission for a partition sale under Section 528.610, RSMo 1959, must collect and pay such commission to the county treasurer as directed by Section 57.380, RSMo 1959, minus that amount he may retain under Section 57.340, RSMo 1959.

Ballot title for House Joint Resolution No. 11.

Articles of Incorporation of Central Investors Life Insurance Company

Articles of Incorporation of Founders Security Life Insurance Company.

(1) Public Administrator-elect must give bond before he is qualified to hold office. (2) Failure to give bond within time prescribed does not automatically vacate the office but may be ground to declare office vacant by legal procedure. (3) Until Public Administrator-elect or another becomes qualified to hold the office, the incumbent Public Administrator continues to have the right to the office.

In a school annexation election resulting in a tie vote a second election is not permitted for two years under Section 165.300 RSMo. Supp. 1963.; Because Section 165.300 is repealed, effective July 1, 1965, and replaced by 162.441 RSMo. Supp. 1963 Appendix, another election is permitted after July l, 1965, because a majority of votes cast at the former election was not against annexation.

Opinion letter to the Honorable Patricia L. Webber

Credit for overpayment of taxes paid under Chapter 148 by banks and credit institutions may be allowed only upon examination of returns for the current year. Refund of such overpayment may be claimed within two years of payment.

Ballot title for House Joint Resolution No. 3.

Ballot title for House Joint Resolution No. 1.

Interest earned from deposit or investment of sinking funds established in connection with the State Park Revenue Bonds should be credited to said sinking funds and not to General Revenue.

If state taxes have become a lien on Missouri real property during the time of private ownership, this lien continues to be an encumbrance on the property after acquisition by the Small Business Administration, but the lien is not enforceable as long as the Federal Government holds title. Also, the property is not subject to new levy and assessment for taxes while title is in the Federal Government.