Missouri Attorney General Opinions

Juvenile court cannot commit boy over 17 to State Training School even if child is under jurisdiction of court. Juvenile court may exercise jurisdiction over child for violation of law when child has been paroled by State Board of Training Schools. After filing a petition for termination of parental rights, parents must be notified of right to counsel, and counsel appointed if parents cannot employ same. Parents in federal prisons outside Missouri summoned by mail or personal service as provided in Sec. 506.160.

City collectors are not entitled to a commission for any alleged “collection” of gas tax since the State of Missouri collects the tax and has been compensated for such collection.

1. A final declaration that a statute is unconstitutional renders the statute void from the date of its enactment.; 2. The result of the decision declaring Section 48.030-2 unconstitutional is that all counties which except for the subdivision would have become third class counties on Jan. 1, 1961, shall be deemed to have become third class counties on that date.; 3. Any change in the salary or fees of county officials of Christian, McDonald and Wright counties resulting from the transition shall become effective in 1961 on the date corresponding to the beginning of the term of such officials. Excess fees retained since the first Monday in March, 1961, may be recovered from the county collectors of these counties.

Opinion letter to the Honorable John A. Honssinger

Opinion letter to the Honorable Eugene S. Heitman

Opinion letter to the Honorable Maurice Schechter

Section 216.355, 1959, provides for the issuance of a certificate evincing the restoration of all the rights of citizenship by the Board of Probation and Parole to persons convicted of a first felony who are finally discharged from parole. Said section does not entitle any person convicted of more than one felony to such a certificate whether the felony for which he was previously convicted was committed within or without the State of Missouri.

Opinion letter to the Honorable A. J. Anderson

Opinion letter to the Honorable Joe H. Miller

Opinion letter to the Honorable Lewis B.

Notice for bond issue in Adair County should be published in a newspaper once during the week of October 21 to October 27, 1962, and once during the week of October 28 to November 3, 1962.

(1) Upon the death, removal or resignation of a guardian of an incompetent it is not necessary to have a second application and a rehearing on the question of competency in order to appoint a successor guardian. (2) Confinement in a state mental hospital does not constitute an adjudication of incompetency which will authorize the appointment of a guardian.

Opinion letter to Mr. George E. Schaaf

1. The question of whether Taney County shall become a county of the third class should not be submitted to a vote of the people of Taney County at the general election on November 6, 1962.; 2. The effective date of the change in salary for officials of Taney County is the first day of the year of incumbency of such officials which coincides with or is subsequent to date of the change in status of Taney County from a fourth class to a third class county, and the effective date of this change in status is January 1, 1963.

Opinion letter to the Honorable John F. Hayner

Division of Welfare may reimburse City of St. Louis 50% of expenditures incurred by it in issuance of Food Stamps.

Opinion letter to the Honorable Paul L. Bell

Within described certificate of membership offered by American Health & Welfare Association is a contract of insurance, and offering the same to the public without complying with the insurance laws of Missouri constitutes a violation of Sections 375.300 and 375.310 1959.

Opinion letter to Mr. Lawrence A. Schneider

Opinion letter to the Honorable Stephen E. Strom

Opinion letter to the Honorable Warren E. Hearnes

The board of directors of a fire protection district in a county of the first class has the power to provide for the pensioning of the salaried members of its organized fire department of the district if such authority is approved as provided for in Section 321.220 (15), . 1961, H.B. No. 12, Section 1, General Assembly, and that by reason of Section 321.240, 1959, the rate of tax levy for such district’s operation costs to include “a pension and retirement plan” “shall not exceed thirty cents on the one hundred dollars valuation.”

Rental charges for additional voting machines for use in St. Louis County are not required to be paid solely out of bond issue funds.

Opinion letter to the Honorable E. J. Cantrell

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

Opinion letter to the Honorable William J. Esely

Frederick Chusid & Company is a private employment agency and required under Section 289.010, 1959, to be licensed by the state.

1. An election to fill the vacancy in sheriff's office in Randolph County, Missouri, due to death of sheriff on September 4, 1962, must be held at the time of the general election in November, 1962.; 2. The person elected as sheriff can qualify and assume his duties immediately after the election.; 3. Each party county committee has authority to nominate a person on its party ticket to run for sheriff.; 4. The names of the nominees selected by the county party committees must be on the regular general election ballot.

Opinion letter to the Honorable John Hosmer

In filling vacancies on the board the chairman of the Board of Trustees of the Village of -Ridge has no vote unless there is a tie.

Opinion letter to Mr. William A. Geary , Jr.

Sec. 548.260, 1959, on waiver of criminal extradition, must be signed and consented to in the presence of a judge as provided in said section and does not authorize police officers to take such waivers from the accused.

Under Missouri Uniform Reciprocal Enforcement of Support Law, Chapter 454, 1959, prosecuting attorney has mandatory duty to seek appropriate orders of execution and garnishment when a cause has been forwarded to and docketed in Missouri.

Opinion letter to the Honorable William B. Milfelt

Opinion letter to Mr. June R. Rose

The city collector of Jackson, Missouri, is an employee of such city and subject to coverage under the agreement between such city and the State.

Boards of education of school districts in the state of Missouri are not included within the meaning of the terms “officer or agency of this state” as that term is used in Section 8.250, 1959.

Opinion letter to the Honorable Garner L. Moody

Opinion letter to the Honorable Bernard W. Gorman

The provisions of Section 290.040, 1959, stating that no female employed by certain named industries shall work more than 9 hours during any one day, or more than 54 hours during any one week, may not be waived by an individual female employee covered thereunder.

Opinion letter to the Honorable J. R. Fritz

Opinion letter to the Honorable William H.

Opinion letter to Dr. George A. Ulett

Ballot boxes in third and fourth class counties must be locked in order to comply with the requirements of Section 111.610, 1959, that they be securely closed and that the election judges are responsible for locking the ballot boxes.

Opinion letter to the Honorable Thomas D. Graham

The day prior to any general or primary election day is last day for valid registration for such election; persons registering after day and before election day may not vote in election but are properly registered for next election. County Clerk should withhold registration cards of late registrants until day after election immediately following 28-day period and then place in proper binders.

(1) The committeemen and committeewomen of the several townships and of Ward 21 which are included in whole or in part in a legislative district of Clay County compose the legislative district committee for such legislative district. (2) There is no requirement that either the chairman or vice-chairman of a legislative district committee reside within the legislative district for which he or she is chairman or vice-chairman. (3) The chairman and vice-chairman of the county committee, the chairman and vice-chairman of each of the three legislative districts into which Clay County has been divided and the committeeman and committeewoman elected in the Ward of Kansas City, constituting a part of Clay County, are, by virtue of their election as such, members of the Sixth Congressional District Committee.

Teachers’ salaries must be paid from fund provided in Sec. 165.110, 1959. In school districts in this state not in cities that have a population of 75,000 or more, teacher is retired July 1 next after attaining age 70 and may thereafter teach only under provisions of Sec. 169.560; school board may not legally pay teacher’s salary from fund provided in Sec. 165.110 past July 1 next after teacher has reached age 70 except under provisions of Sec. 169.560; school board may not legally contract with teacher who is retired by provisions of Sec. 169.060 except under provisions of Sec. 169.560.

Meaning of “city” in Section 19, Article VI, Constitution of Missouri includes town and village. A Special Charter town incorporated prior to 1875 Missouri Constitution, with more than 10,000 population may become constitutional charter town by following procedure of said Section 19, Article VI, Constitution of Missouri. A village having more than 10,000 population may become constitutional charter village by following procedure of above mentioned constitutional provision.

A hauler regularly transporting motor vehicles carrying agricultural implements or road making machinery or road materials must obtain permit if dimensions exceed statutory authorization. No permit required for such hauler not regularly engaged in such transporting.