Missouri Attorney General Opinions

Opinion letter to the Honorable George H. Morgan

Opinion letter to the Honorable Warren C. Phelps

Opinion letter to the Honorable Rolin T. Boulware

The driver of a truck or bus may not be charged with a crime of violation of either Sec. 304.017 or Sec. 304.044.2 when following a vehicle other than another truck or bus.

Voters in the school election in the School District of St. Joseph may not vote at a regular polling place for the regular municipal election in the City of St. Joseph, which polling place is outside the limits of the School District of St. Joseph.

On or after October 13, 1961, a member of the Missouri Employees’ Retirement System who retires after his 65 birthday with six years’ service as a member of the general assembly is entitled to a minimum annuity of $25.00 per month per term.

Opinion letter to the Honorable Joe H. Miller

Opinion letter to the Honorable Norman H. Anderson

Areas within a municipality that has not enacted a city plan should be included in the county master plan.

Tangible personal property located in the City of St. Louis, owned by a resident of another county, must be assessed in the county where the owner resides and not in the City of St. Louis (except houseboats, cabin cruisers and automobile trailer houses used for lodging).

Opinion letter to the Honorable Dan Hale

Requirement that county provide facilities and items enumerated in Section 49.510 should prevail over requirement of Section 52.270 that collectors in counties included in classification of Section 52.260(14) should pay expenses of his office and other costs of collecting the revenue, as to items and facilities enumerated in 49.510.

Opinion letter to the Honorable Anthony D. Pickrell

University of Missouri may amend its Retirement Plan to include its employees who are members of the State Employees’ Retirement System, and thereby terminate their membership in the State System.; The University Retirement Plan may allow an employee, who is a member of the State Employees’ Retirement System, to elect on the date he would otherwise become a member of the University Retirement Plan, to remain in the State Employees’ Retirement System.

Savings and loan associations subject to provisions of Chapter 369 1959 have no express or implied power to service loan agreements of business corporation which effect the collection of loan contracts which the business corporation was instrumental in effecting between borrower and lender, when such loan contracts at no time become the property of the savings and loan association.

Opinion letter to the Honorable Richard E. McFadin

The power to adopt sanitary rules as set forth in Section 329.210, 1959, does not confer upon the State Board of Cosmetology the authority to require establishments coming within its jurisdiction to install toilet facilities.

Articles of Incorporation of Kansas City Casualty Company

Articles of Incorporation of Town and Country Security Life Insurance Company.

The decision of the Missouri Supreme Court in the case of Estate of Osterloh v. Carpenter does not affect the waiver requirements contained in Section 145.210, M.S.R.

Opinion letter to the Honorable Vernon E. Betz

Opinion letter to Mr. Roderic R. Ashby

1. It is mandatory that the judge of a judicial circuit comprised of third and fourth class counties appoint a juvenile officer or enter into an agreement under which such an officer is appointed for his circuit and one or more other circuits.; 2. It is permissible for a deputy juvenile officer to be appointed when no appointment of a juvenile officer for the circuit has been made.; 3. A deputy juvenile officer, although appointed for an entire circuit, may be designated to serve one specific county within a judicial circuit at the exclusive discretion, and under the direction and control of the juvenile court for the circuit.; 4. The salary and expense of deputy juvenile officers serving third and fourth class counties comprising a judicial circuit must be prorated amongst all of the counties of the circuit according to their population, regardless of how or where such deputies are directed to serve by the court.

Opinion letter to the Honorable William B. Milfelt

Opinion letter to the Honorable F. Aschemeyer

Opinion letter to the Honorable Don E. Burrell

A marriage may not be solemnized in Missouri unless a license for such has been obtained from a proper official in this state; marriages solemnized in Missouri on the basis of a license issued in another state are invalid.

A person is disqualified from holding the office of notary public if such person has been convicted of forgery in violation of Section 561.011, . 1959, and such person has been sentenced to imprisonment and granted a judicial parole on the day of conviction and sentence and if said person has not been finally discharged from such judicial parole.

Additional magistrate in Clay County, Missouri authorized by order of Circuit Court under authority of Section 482.010, does not automatically become the second regular magistrate to which the county is now entitled by virtue of its population; effective as of January 1 , 1963, there will no longer be any additional magistrate in Clay County; no particular period of residence in the district from which he is elected is required of a magistrate in order to qualify for the office.

A consumer of services sold by utilities is responsible for paying sales tax upon the total amount charged. This obligation is not changed by the utility billing its customers with a basic charge plus a charge for defraying a local license tax – the two charges equaling the total amount paid for the service.

Political subdivisions referred to in Chapter 67, Cum. . 1961, making expenditures without full compliance with such law causes those expenditures to be illegal.

Opinion letter to the Honorable James P. Landis

A motor-power-assisted bicycle that is capable of propelling itself on horizontal planes but not fully capable of propelling itself on upgrades is a motor vehicle, and this is a question of definition under Section 301.010, rather than classification under Section 301.070, 1959.

Opinion letter to the Honorable John Hosmer

1. Sec. 66.110, 1959, providing for a fee of two dollars and fifty cents in each case involving violation of a county ordinance, is applicable to St. Louis County magistrate courts. Said fee shall be collected in each county ordinance case instituted in any magistrate court of such county. 2. Sec. 483.610, 1959, providing for collection of five dollar magistrate court fee in each criminal proceeding and in each preliminary hearing instituted in any magistrate court, is applicable to St. Louis County magistrate courts. Said fee shall be collected only in each criminal case instituted in a magistrate court of said county. 3. Sec. 482.250 Cum. . 1961, applies in cases other than criminal proceedings and cases involving county ordinances. The fee provided for in the section is collected by magistrate courts of St. Louis County only in such cases.

A contract made with a county court for services to be rendered the county must be in writing subscribed by the parties thereto with the consideration state therein and entered on the records of the county court.

County treasurers in class 3 and 4 counties under township organization are entitled to compensation as provided under Section 54.275, 1959, in addition to compensation they are entitled to receive under Section 54.320, 1959.

Opinion letter to Mr. V. H. Simon

Collector of city of third class responsible for collection of delinquent real estate tax of such city. County collector under no duty to collect delinquent real estate taxes in city of third class.

Articles of Incorporation of Permanent Life Insurance Company

Opinion letter to the Honorable Warren E. Hearnes

The “full name” of a candidate appearing on an official ballot may when warranted include prefix “Mrs.” and suffix “.” and “Jr.” but may not use prefix “Dr.” for a doctor included in Section 564.290 .

Opinion letter to Mr. June R. Rose

Opinion letter to the Honorable J. R. Eiser

Cigarette tax paid by wholesaler on cigarettes sold by him and later returned may be refunded to wholesaler in certain circumstances.

Opinion letter to the Honorable John E. Downs