Missouri AG Opinions — 1965

Opinion letter to the Honorable William Fickle

1. County Board of Equalization cannot change benefit assessment for levee.; 2. Benefit assessment for maintenance tax may be changed under Section 243.063.

The Board of Election Commissioners has the responsibility to determine the qualification of voters . Where an elector changes his name, he is entitled to reregister under such name if the change of name was bona fide and not fraudulent in its purpose. Where an issue of good faith arises in a change of name, the Board, after hearing all the evidence, should determine if such change of name is bona fide. If the parties act in good faith with full disclosure of the facts, there would be no violation of Section 129.680, RSMo 1959.

Opinion letter to the Honorable Earl R. Blackwell

A constitutional charter city, if authorized by the charter, may impose a license tax on vending machines owned or rented by a school district and located within such city, as the tax imposed is not on property owned by the school district, but on the privilege of using such vending machines.

Opinion letter to the Honorable Thomas A. David

The state depository contract provides for time deposits, open account for which the state is paid interest on an escalating scale. Banks cannot return deposits unless the banks terminate the contract on 30 days written notice. The 30 days begin to run when the notice is received by the State Treasurer.

Opinion letter to the Honorable Dan Bollow

If published as described in Section 64.550, RSMo 1959, in at least one newspaper having general circulation within the county, and if posted fifteen days in advance of the hearing, in at least four conspicuous places in each township.; The county court must make a reasonable effort to hear arguments and evidence, pro and con, on the adoption the County Dumping Ground ordinance. The county court, in its discretion exercised in a reasonable manner may control and limit such presentation.

Pneumatic tires made of rubber, nylon, or some similar synthetic, studded with metal inserts as described herein, are not prohibited by statute in the State of Missouri.

Opinion letter to the Honorable Thomas David

Vehicles leased by a city and used by the police department of the city must be registered and licensed upon application of the person, firm, corporation or association holding legal title to such vehicles unless such vehicles are the subject of an agreement of lease with the right of purchase upon performance of conditions stated in an agreement for lease.

Abandonment and failure to support child prior to October 13, 1965, misdemeanor. Abandonment after October 13, 1965, constitutes felony.

The compensation provided for by Senate Bill No. 355 enacted by the General Assembly applies during the present term of office.

Monies collected under House Bill No. 292, General Assembly, enacted as Section 311.328 (5), V.A.M.S. August 1965 Pamphlet, should be paid into the treasury as general revenue. It is our further opinion that Section 4.645, Conference Committee Substitute for House Bill No. 4, General Assembly, is not unconstitutional.

A hospital district, duly organized has authority to levy taxes under the provisions of Chapter 206 before a hospital is actually constructed and operating. Such funds can be used to buy land for the hospital site, construct the hospital and/or other purposes set out in Section 206.110 RSMo., Cum. Supp. 1963.

Opinion letter to the Honorable Fielding Potashnick

Opinion letter to the Honorable William W. Hoertel

Opinion letter to the Honorable James L. Paul

Opinion letter to the Honorable Don E. Burrell

Time for filing claim extended to one year after the filing of report of injury by employer, under Sections 287.430 and 287.440, Laws of 1965.

Opinion letter to the Honorable Frank C. Mazzuca

Opinion letter to the Honorable Alden S. Lance

Ballot Title for Conference Committee Substitute for House Substitute No. 4 for House Committee Substitute for House Joint Resolution No. 1 – First Extra Session General Assembly.

(1) Increase mileage allowed sheriff under Senate Bill No. 87, effective October 13, 1965. (2) Increase in amount available under Senate Bill 89, for deputy clerks in third class counties, effective October 13, 1965. (3) increase in amount available under House Bill No. 71, for probate clerks effective October 13, 1965. (4) Increase in salary for county highway engineers under House Bill No. 473, does not apply to present term of office. (5) Salary increase under Senate Bill No. 88, for county clerks does not apply to present term of office. (6) Increase in amount available for deputy county clerks in fourth class counties under Senate Bill No. 88, effective October 13, 1965. (7) Increase in compensation for county clerks, except in second class counties under Senate Bill No. 90, effective October 13, 1965. (8) Increase in compensation under Senate Bill No. 90, prorated on monthly basis.

Salary increase under Senate Bill No. 267 not applicable during present term of office.

House Bill No. 356, General Assembly (Section 321.220 as amended) Subsection 15 authorizing a pensioning program for firemen in Fire Protection Districts in counties of the first class is constitutional. House Joint Resolution Nos. 5 and 15 would allay any questions of constitutionality of the pensioning program for firemen in Fire Protection Districts in counties of the first class. Under House Bill No. 52, General Assembly (Section 321.240 V.A.M.S. August 1965 Pamphlet) the Board in its discretion may provide for a program of pensions through an insurance company except that a mutual company having an unlimited assessment liability may not be employed. The special fund raised for this purpose by taxation can only be utilized to provide a pension program.

Opinion letter to Mr. Eugene P. Walsh

County courts may execute leases for several years providing current and surplus funds on hand will be adequate to pay their obligations under the lease. Such lease could be funded by bonds if authorized by popular vote under Section 26(b) Article VI, Missouri Constitution 1945. County courts may execute a lease for multiple years that would be binding on succeeding courts, providing the contract is not for an unreasonable term or is in bad faith or fraudulent.

Where statutes are passed at the same legislative session and are in pari materia, the last statute signed by the Governor is considered as being the law where there are conflicting provisions. Where county courts so order, the circuit judge shall receive an additional $3,000 per annum, each county contributing in equal amounts .

Where statutes are passed at the same legislative session and are in pari materia, the last statute signed by the Governor is considered as being the law where there are conflicting provisions. Where county courts so order, the circuit judge shall receive an additional $3,000 per annum, each county contributing in equal amounts .

Interest and penalty on delinquent merchant’s and manufacturer’s license.

Opinion letter to the Honorable Glennon T. Moran

Opinion letter to the Honorable John J. Johnson

A county clerk or county treasurer of a third or fourth class county may act in the capacity of and receive additional compensation from county revenue funds for: (A) Serving as a duly appointed assistant highway engineer, (B) Clerical or stenographic assistant to the county superintendent of schools, (C) Stenographic or clerical assistant to the prosecuting attorney, (D) Bookkeeper and stenographic assistant to the magistrate, (E) Clerical assistant to the highway engineer.; The county court of a third or fourth class county may, pursuant to Section 61.610, create the office of County Highway Engineer and appoint the county clerk to fill that office; however the term “ex- officio highway engineer” would be improper terminology for designating the title of such officer.; County clerks of third and fourth class counties are not entitled to compensation in addition to statutory amounts for the office of county clerk for keeping records and accounts of and preparing forms for county road programs formulated by the county court and financed by the County Aid Road Trust Fund.; A county judge may not serve as extra help in the office of the county highway engineer or perform labor or other service in connection with county roads or bridges.

Legislature at a special session can act on specific matters not suggested by Governor if such specific matters are within subject of Governor’s proclamation.

Articles of Incorporation of Modern Old Line Life Insurance Company.

Opinion letter to the Honorable Charles G. Hyler

Disinfectants and antiseptics for use on the body of living animals for medicinal purposes are not economic poisons.

Opinion letter to the Honorable John L. Woodward

The state collector of revenue has the power to classify as commercial motor vehicles, “campers” which are regularly used to haul freight, merchandise , or more than eight passengers, as well as motor vehicles that were intended and contemplated by the manufacturer to regularly carry freight, merchandise or more than eight passengers.

Under Senate Bill 91 (Section 51.300 V.A.M.S.) the change of salaries of County Clerks in third class counties is effective January 1, 1967.

1.) A member of a teachers’ retirement system of this State who meets the requirements for retirement contained in the statutes particularly applicable to that system, i.e., as though Section 169.570(1), RSMo 1959, had never been enacted, is eligible to receive a retirement allowance from that system although employed in a position covered by one of the other systems; 2.) Conversely, a member of a teachers’ retirement system of this State who cannot qualify for retirement without reliance upon the additional rights granted by Section 169.570(1) is not eligible for a retirement allowance under the earlier system under which he was employed until, and only if, he becomes eligible for service retirement under the system in which he is last employed (except those having previously retired on disability become eligible upon reaching retirement age.)

Legislature at a special session can act only upon subject within scope of Governor’s proclamation.

A recorder of deeds is not authorized to refuse to record a “plat” or survey of real estate on the grounds that the signature of the registered land surveyor who has prepared the document has not been acknowledged.

Opinion letter to the Honorable Thomas A. David

Opinion letter to Senator Raymond Hopfinger

Publication of financial report, Section 165.111, must be in a newspaper meeting requirements of Section 493.050.

Opinion letter to Mr. Glennon T. Moran

Opinion letter to the Honorable Philip G.