Missouri AG Opinions — 1964

Opinion letter to the Honorable E. J. Cantrell

Advances or loans to a Surplus As Regards Policyholders of a mutual insurance company should be paid before any part of said surplus is distributed to the policyholders as owners of the mutual company.

Opinion letter to George A. Ulett , M.D.

A newspaper subscription contest in which contestant is awarded points for subscriptions sold does not constitute a lottery in violation of Section 563.430 because the element of chance is absent.

1. The capacities of county superintendent and public teacher are incompatible.; 2. If a county superintendent accepts employment as a public school teacher he ipso facto vacates his office as county superintendent.; 3. If the office of county superintendent is vacated by acceptance of a second incompatible position, the county superintendent’s right to compensation ceases and also the county court does not have authority to employ clerical assistance for the county superintendent’s office.

The property of the Bi-State Development Agency, used for the well-being, welfare and convenience of the Bi-State Metropolitan Development District, is exempt from taxation.

Articles of Incorporation of Kennedy National Life Insurance Company.

As regards to the University of Missouri and its branches, Lincoln University and the five state colleges, that: 1. Under the Constitution and Statutes of Missouri a graduate of an accredited high school does not have an absolute legal right to be admitted. 2. The governing boards of these institutions have the authority to set by rules and regulations admission requirements which are reasonable and not arbitrary. 3. The provisions of neither Article IX, Section 1(a), Missouri Constitution of 1945, nor Section 160.090(2), RSMo 1959, prevent the governing boards of these institutions from adopting reasonable and nonarbitrary admission requirements.

The office of county auditor is created and vacant on January 1, 1965, in St. Charles County. The Governor may fill the said vacancy.

Opinion letter to Mr. George G. Hatsell

Opinion letter to the Honorable Charles H. Baker

Opinion letter to Mr. O. E. Pettijohn

Opinion letter to the Honorable F. M. Brady

Acceptance of regular life insurance law by Manchester Life Insurance Company, a stipulated premium plan company.

The mere zoning of land as “Small Farm” by the City of Fenton would not preclude (1) the City or County of St. Louis, (2) the City and County acting jointly, or (3) the Bi-State Development Agency from condemning such land for airport purposes.

Opinion letter to the Honorable Brunson Hollingsworth

Person may hold office of public administrator and be a member of the county school board at the same time.

Opinion letter to the Honorable Robert E. Yocom

Opinion letter to the Honorable Peter J. Grewach

Proposed legislation relating to the establishment of the Missouri State Council on the Arts and defining the council’s powers and duties does not violate the provisions of the Constitution of Missouri prohibiting the granting, giving or lending of public money, property or credit to private persons, associations or corporations.

Opinion letter to the Honorable Warren E. Hearnes

The County Court of . Genevieve County under Section 110.180, RSMo 1959, may designate an additional bank as a depositary at a time other than at the May term in an odd-numbered year.

Circuit court granting limited driving privilege may amend or modify order at any time. Person operating car contrary to limited driving privilege order subject to criminal charge. Conviction of charge of operating contrary to limited driving order is basis for revocation of order by court granting such order.

A special fund for the eradication of Johnson Grass may be transferred to the general revenue fund, or to such other fund as may be in need of such balance, upon the termination of a county as a Johnson Grass Extermination Area.

County Collector may turn over tax funds collected for hospital districts to the hospital district.

1. When absentee ballots are sent by mail they must be directed to the voter and sent by Certified Mail with return receipt and addressed to the voter at the place where he is actually residing.; 2. Absentee ballots must be voted in the presence of the notary public or other officer and deposited and sealed in the envelope and the notary must place his signature and title on the envelope.

A hamburger or other meat sandwich may be considered a ready-to-eat meal, sold as a unit, and the meat therein sold for consumption elsewhere than on the premises is not required by Section 413.275 to be sold by weight.

A third class city cannot levy a license tax on accountants.

Nursing home districts have authority to prescribe reasonable fees as a prerequisite to admission to nursing homes operated by the nursing home district and the obligation to support indigent poor persons who are residents in the county is still an obligation of the county court or other persons or agencies having a statutory duty of support and such support is not an obligation of the nursing home district.

Articles of Incorporation of Universal Underwriters Life Insurance Company.

Political committee assessments are reportable campaign expenses.

A county which presently levies the maximum property tax authorized by the Constitution may not levy an additional tax to secure funds for a county fair under authority of Section 64.755, RSMo Cum. Supp., so long as a city within the county levies a tax on property within the city for park purposes, one of those purposes set out in Section 64.755. Nor may a county submit a proposed tax to the public in anticipation of legislative action authorizing the proposed tax.

Where second class county has levied a tax under Section 137.555, RSMo 1959, for the purpose of creating a Special Road and Bridge Fund and budget adopted for fund under Sections 50.025 to 50.660, RSMo, and funds received from tax are in excess of amount budgeted, the budgeted amount for this fund cannot be changed or amended.

Person elected to nonpartisan Circuit Judicial Commission residing within such district at the time of election who later removes his residence to a place not within such district is not qualified to continue as a member of such Circuit Judicial Commission.

Opinion letter to the Honorable Hugh J. White

Articles of Incorporation of First Equity Life Insurance Company of Missouri.

A proposition to levy an additional road tax in accordance with Section 137.565, RSMo 1959, may be held in a general road district on the same day and in connection with a general election.

A City-County library board is authorized to construct a library building and employ architects provided Article VI, Section 26(a), of the Missouri Constitution is not violated, which prohibits incurring indebtedness in any year/exceeding the income and revenue for that year plus unencumbered balances from previous years.

Opinion letter to the Honorable Charles G. Hyler

Section 442.580, RSMo 1959, does not prohibit a foreign government from acquiring, holding, or owning real estate in the State of Missouri.

Opinion letter to Mr. Harold Owens

The property of public utilities enumerated in Chapters 151, 153, and 155, RSMo, is subject to 1964 taxation by the Junior College District of Metropolitan Kansas City to the same extent as other property in the district. The State Tax Commission has the duty of apportioning the valuation of such utilities to the junior college district for 1964 taxation and is authorized to obtain the necessary information for such purpose.

1. County court is not required to but may furnish an outgoing public administrator with an office. 2. County court has no obligation to pay the bond premium of incumbent or outgoing public administrator.

The preceding twelve month period for which payments to a county assessor in a third class county not having township organization under Section 53.143, RSMo Cum. Supp., 1963, is based is the preceding twelve-month period beginning September first and ending August thirty- first. The county treasurer should issue the warrants for such payments although the county clerk shall perform all duties relating to the social security contributions in respect to those payments.

Opinion letter to the Honorable Virgil Conkling

Opinion letter to the Honorable William G. McCaffree

A dolly used to tow disabled automobiles to and from a salvage yard is not a trailer as defined in Section 301.010 (27) (28) and is not required to be registered and licensed by the state.

Opinion letter to the Honorable Daniel V. O’ Brien

The Division of Finance may in its discretion properly advise the FDIC not to pay certain claims of corporate depositors asserted against the FDIC when an officer or debtor of a bank in liquidation has a financial interest in such corporate depositor.

Acceptance of regular life insurance law by United Mutual Insurance Company, an assessment plan company.