Missouri Attorney General Opinions

1) That portion of Section 222.020, RSMo 1959, which provides that sentences must be cumulative in certain instances, does not apply when the defendant already under sentence to the custody of the Department of Corrections, is convicted of another crime committed prior to imposition of the sentence which he is serving.; 2) Where no statutory requirement to the contrary applies, it is within the discretion of a court imposing sentence to the custody of the Department of Corrections to determine whether or not it shall be served consecutive to or concurrent with prior sentences to the same department.

Opinion letter to the Honorable Frank M. Karsten

Articles of Incorporation of Mid-West National Fire and Casualty Insurance Company.

All residents of a school district shall vote as prescribed by law upon the county board of education (Section 165.657, RSMo 1963 Cum. Supp.) which has jurisdiction over their district regardless of what county the voter lives in. Where a part of a school district projects outside the county and is contiguous to both county court districts, the county court district line is to be also projected so as to bisect the whole district and all voters of the district are to vote upon those members of the county board of education to be elected from the area on that side of the bisecting line in which the voter resides.

Motor fuel tax claims for refund which had not been filed with the Collector of Revenue within 120 days next preceding October 13, 1963, had legally expired and were not revived when Section 142.230, RSMo Cum. Supp. 1963 was amended extending the period of filing such claims from 120 days to one year.

A man may be prosecuted under Section 563.340, 1959, relating to vagrancy, for his willful neglect or refusal to support his family, even though he is divorced at the time prosecution is initiated, if such willful neglect or refusal is alleged to have taken place prior to said divorce.

The State Treasurer should not transfer the balance in the Lincoln University Fund to the General Revenue Fund.

An assessor of a second class county may receive from the county court reimbursement for reasonable travel expenses actually and necessarily incurred in carrying out his official duties within the county at the reasonable rate of eight cents per mile.

In a township which contains a city ward from which committeemen and committeewomen are elected, a resident of such city ward may not file for the position of township committeeman or committeewoman.

A deputy county clerk may accept additional employment from the County Weed Control Board and receive compensation for his services. This compensation is separate from and is not to be considered subject to the limitations imposed by Section 51.450, RSMo relating to the compensation of deputy county clerks.

1. Section 137.115(2), RSMo 1959, respecting the assessment for taxation of agricultural field crops, does not violate Art. X, Sec. 4 (a) and (b) of the Constitution of Missouri and is constitutional.; 2. The taxpayer should claim his right to exemption under Section 137.115 by informing the assessor when taxable personal property consists of agricultural field crops in an unmanufactured condition intended to be used solely as seed or in the feeding of livestock or poultry.

Candidates who filed for office and paid their filing fee prior to October 13, 1963, as required by Section 120.350, RSMo 1959, need not pay an additional filing fee as required by Section 120.350, RSMo Cum. Supp. 1963 in order to be eligible candidates.

If, after the filing of the inventory and appraisement of the estate of the decedent, it is the opinion of the court entered of record that these items are not taxable, then and only then do the provisions of Section 145.210, RSMo become inoperative.

The county court has authority under Section 205.375, RSMo 1959, to issue revenue bonds for the purpose of acquiring land and sites for nursing homes.

Opinion letter to the Honorable Frank Conley

The recorder of deeds has authority to accept for recording certified copies of death certificates.

Opinion letter to the Honorable William E.

Opinion letter to the Honorable Milton Carpenter

Opinion letter to the Honorable Harold L. Henry

Opinion letter to the Honorable Maurice Schechter

The city library board of the City of St. Joseph is authorized by the charter and by the statutes, to make its own purchases of necessary books and supplies for the use of the library. No order or ordinance of the City of St. Joseph or its officers compelling the purchase of all supplies by the city purchasing agent, is applicable to the city library board.

Opinion letter to the Honorable Daniel V. O’ Brien

Opinion letter to the Honorable Bill D. Burlison

Opinion letter to the Honorable Joe R. Ellis

(1) A person charged under statute before its repeal may be tried thereunder after its repeal. However, the maximum punishment cannot exceed that imposable under the new statute (Section 564.440, RSMo Cum. Supp. 1963), and the minimum punishment may be imposed under the repealed statute (Section 564.460, RSMo 1959).; (2) Felony convictions for obtained prior to October 13, 1963, may be pleaded and proved against a defendant to punish him as a subsequent offender under Section 564.440, RSMo Cum. Supp. 1963.; (3) The information or complaint should recite the necessary elements of and the prior convictions should be pleaded in the same manner as priors under Section 556.280, RSMo 1959.

Nursing home district may not issue bonds up to ten per cent of value of taxable tangible property in such district. Nursing home districts may issue bonds to an amount of five per cent of the value of the taxable tangible property in such district.

Opinion letter to the Honorable Brunson Hollingsworth

Municipal housing authority subject to Chapter 99, RSMo 1959, not liable for ad valorem taxes assessed and levied, but not collected, on property it condemns, and such property may not be sold for such taxes.

Members of Board of Cosmetology cannot be compensated for conducting examinations.

When two banks having state depository contracts consolidate, unnecessary to execute depository contract with consolidated bank.

Articles of Incorporation of First American Security Life Insurance Company

Opinion letter to the Honorable Robert B. Paden

When, does the present terms of the County Board of Education of a third class County expire, under the provisions of paragraph four (4) of the new section 165.657?; In third class Counties with two (2) County Court Districts, and under the provisions of paragraph five of said statute, may the voters in one County Court District vote on candidates in the other County Court District? Does the Legislature have the power to terminate or shorten the term of a properly elected and serving County School Board member?

Any person who is convicted of operating a motor vehicle in an intoxicated condition, Section 564.440, RSMo Sum.Supp. 1963, and who was previously convicted of violating Section 564.440, RSMo 1959, shall be punished as a subsequent offender under the applicable provision of Section 564.440 RSMo Cum.Supp. 1963.

Articles of Incorporation of Republic States Life Insurance Company

Opinion letter to the Honorable M. E. Morris

Opinion letter to Mr. John W. Ridgeway

Opinion letter to the Honorable Charles P. Moll

County courts do not have authority to regulate time standards to be used in the county. County court is without power to order or conduct an election for adopting a uniform time standard for the county.

Recorder of deeds of trust of third-class county keeping marginal release of deeds of trust record receiving additional compensation of one thousand dollars per year therefor, under Section 59.255, RSMo 1959, and who adopts microfilming for recording all instruments, as provided by Section 109.120(3), RSMo Cum. Supp. 1963, is not relieved of duty to keep marginal release of deeds of trust record. He shall continue keeping said record and receiving compensation therefor, as long as all previously nonmicrofilm -recorded deeds of trust capable of release by marginal entry remain unsatisfied of record. When all such deeds of trust have been satisfied of record, recorder shall cease to keep marginal release of deeds of trust and shall not be paid any further compensation for keeping said record.

In school districts organized under Sections 165.377-165.553 having a population of 75,000 – 200,000 where a city political committee does not exist, nominations of candidates for school directors must be made under Section 165.470 (3), RSMo 1959, i.e., by petition in the manner provided by Sections 120.180 – 120.230 RSMo. The school board of school districts organized under Sections 165.377 – 165.553 having a population of 75,000 – 200,000 have no authority to set forth by rule a method for nominating school board members. In school districts organized under Section 165.377 – 165.553, the school director election must be held in April 1964, even though no city political committee exists.

Section 144.025, Cum. Supp 1963 applies to every retail sale involving a trade-in allowance, regardless of whether the person seeking to avail himself of the trade-in allowance had actually paid tax on the traded-in property.

Opinion letter to the Honorable Charles G. Hyler

Opinion letter to the Honorable Joe R. Ellis

Counties are not authorized to give a specific percentage or a specific amount of motor fuel tax moneys to a special road district to be expended as such district sees fit.

It is not part of the official duties of a county highway engineer to design and supervise the construction of bridges built by a special road district organized under the provisions of Sections 233.010 to 233.165, RSMo. The county highway engineer may be employed and compensated by such special road district to design and supervise the construction of a bridge to be built by such special road district.

Opinion letter to the Honorable Ronald M. Belt

The Collector of St. Louis County in collection of Fire Protection District taxes should deduct a commission of one per cent of such taxes.

Articles of Incorporation of Great Missouri Life Insurance Company.

Opinion letter to Mr. William E. Siebert