Missouri AG Opinions — 1966

The appointment of a member of the state soil and water districts commission, or a member of the board of supervisors of a soil and water conservation subdistrict, or a member of the trustees to the governing body of a subdistrict as the contracting officer for a soil and water conservation subdistrict is against public policy and void.

(1) The sheriff under Supreme Court Rule 37.485 may admit to bail a person arrested for a motor vehicle violation pursuant to the bail schedule when the courts are not open. (2) The sheriff has a duty to receive into custody persons arrested without warrant by the Highway Patrol for a motor vehicle violation.

A county hospital board may not invest public funds in bonds or other securities unless expressly authorized by statute.

1) Surplus money received from the sale of real estate for taxes must, when demanded by the person entitled thereto, be paid immediately to such person. 2) The owner of real estate sold for taxes is not required to execute a deed to purchaser or any other person at any time.

Exchange or reciprocal registration may be granted to an applicant under Section 327.100, RSMo, if he meets the requirements set forth therein even if the applicant is not a citizen of the United States or Puerto Rico.

Any corporation offering engineering services to the public must do so through the medium of a registered professional engineer. A company or corporation may not use the word engineer in its name to indicate to the public that it may provide professional engineering services unless there is a registered professional engineer employed by the company.; Violation of these rules constitutes a misdemeanor under Section 327.280, RSMo.

Under 375.180 the tax on net premiums is imposed upon the agent and may be recovered through the premium charged from the state as purchaser of insurance. Under 375.190 the tax on net premiums is imposed upon the purchaser and may not be recovered from the state as purchaser of insurance.

Opinion letter to the Honorable Dewey L. Hankins

The word “offense” used in subparagraphs (1), (2) and (3) of Section 564.440, RSMo Supp. 1965, refer only to violations of this section, the state law, and does not include convictions for driving while intoxicated in violation of a county or municipal ordinance.

Article VI, Section 16, Constitution of Missouri, and Section 70.220, RSMo 1959, authorizes county court and special road district to contract for maintenance of public road in special road district; but does not authorize such a contract between the county court and a private person for maintenance of a private road.

Ad valorem taxes on utility property do not become delinquent and the Company subject to penalties provided for nonpayment of delinquent taxes authorized by Section 151.220, RSMo, until the thirty-first day of December next after the same are ascertained and levied. Taxes on such property are ascertained and levied by the local County Court in those counties in which the property is located as provided in Section 151.440, RSMo, only after the Court has received the certification of the State Tax Commission and the local tax assessors as to the prorated assessed value placed upon the property subject to assessment.; Since the tax on the disputed portion of the distributable property of Kansas City Power & Light Co., and on a disputed addition to its local property subject to assessment in Jackson County in the year 1965, was not certified to the County Court until July, 1966, such taxes are not delinquent nor subject to penalty for nonpayment thereof until January 1, 1967.

A school annexation election under Section 162.441 RSMo Supp. 1965, may be held within less than two years of a prior annexation election where the subsequent election involves a different proposal.

(1) Section 49.040 RSMo 1959 is unconstitutional. (2) Section 111.760 is applicable to case where there is a tie vote for candidates for County Court Judge and a special election called.

Opinion letter to the Honorable Donald L.

Opinion letter to Mr. Peter W. Salsich , Jr.

Opinion letter to the Honorable Don Burrell

Interpretation of Sections 33.030 and 33.290, RSMo, respecting power of the Comptroller and Governor concerning expenditures and budgetary allotments.

A voter, upon suspension of the imposition of a sentence, is not disqualified from registering and/or voting, if otherwise qualified.

Loss payable clause to mortgagee in policy insuring condominium property is ineffective. 448.120 requires proceeds of policy to be paid to manager or board of managers.

Clay County cannot spend its funds for the improvement of a reservoir located in Clinton County until such time as Clay County and Clinton County adopt a plan to cooperate under the authority of Sections 64.750 and 64.780 Cum. Supp. 1965, and said two counties may then properly develop the projects of their natural resources for the mutual benefit of the people of each county.

Opinion letter to the Honorable E. H. Quigg

County coroner in counties other than St. Louis and first class counties has no authority to issue blanket instructions to funeral directors or undertakers not to embalm or otherwise mutilate a dead body until he is notified.

The officers of the prosecuting attorney and the public administrator are incompatible.

(1) There is no automatic forfeiture of office by an incumbent county superintendent of schools who assumes the additional but compatible office of county clerk, such officer is entitled to statutory compensation during the term of his office as county superintendent of schools. (2) The employees of such office are entitled to their regular compensation for services rendered during the term of office of their superior as county superintendent of schools.

If Oakland, a fourth class city under ten thousand population which has liquor by the drink, and Glendale, a fourth class city under ten thousand population which does not have liquor by the drink, consolidate under Sections 72.150 and 72.155, RSMo Supp. 1965, the new municipality will not have liquor by the drink and to have same will have to hold an election under Section 311.110, RSMo 1959, and related sections for liquor by the drink in the entire new municipality.

The putative father of an illegitimate child may be prosecuted for abandonment of the child under either Section 559.353 or Section 559.356, 1965 Cum. Supp., whether he has legal custody of the child or not.

It is unlawful for any person to display or permit to be displayed, or to have in his possession any chauffeur’s license or motor vehicle operator’s license knowing the same to have been altered by the affixing thereto of a decal.

Opinion letter to the Honorable Harry L. Porter

Opinion letter to the Honorable William W. Hoertel

Farmers Mutual Insurance Companies may not be authorized by the Superintendent of Insurance to do an insurance business outside the State of Missouri.

Chapter 112 on absentee balloting is mandatory in its application and limits absentee balloting to precise procedures spelled out in the statutes. An Elector wishing to vote must apply either in person or by mail for his ballot. An elector wishing to cast an absentee ballot must either return his ballot by mail or deliver it in person to the issuing officer.

1) Agents of companies holding certificates of authority from Division of Insurance must be licensed.; 2) Certain mutual insurance companies must procure certificates of authority and agents of such companies must be licensed.; 3) Certain mutual insurance companies need not procure certificates of authority and agents of such companies need not be licensed.; 4) There are no “grandfather” exemptions from examination requirements for licensing of agents of mutual companies who were unlicensed agents prior to effective date of Sections 375.012 through 375.028, Cum. Supp.

Upon proper showing, limited driving privileges may be granted pursuant to Section 302.309, RSMo Supp. 1965, to one whose license has been revoked for failure to submit to a chemical breath test as provided by Section 564.444, RSMo Supp. 1965.

House Bill No. 205 enacted by the General Assembly expressly repeals Sections 50.680 and 50.710, RSMo 1959, as amended and re-enacted by Senate Bill No. 3 of the General Assembly effective January 1, 1967.; The state auditor is required to develop or approve adequate budget forms for third and fourth class counties as required by Sections 50.525 to 50.745.

A resident of Missouri or elsewhere may apply to State Board of Architects and Professional Engineers of Missouri for architectural registration upon proof he is a duly registered and qualified architect in good standing in other state, provided that other state has similar registration requirements and recognizes Missouri’s registrations.

374.070 (3) authorizes Superintendent of Insurance to destroy specified records of all companies after five years.; 374.070 (4) authorizes Superintendent of Insurance to destroy specified records of foreign and alien companies only after ten years. 374.070 (3) and (4) are repealed upon adoption of rules by state records commission.

The only appeal from the revocation of a person’s drivers license pursuant to Section 564.444, RSMo Cum. Supp., for refusing to submit to the chemical breath test provided thereon, is as provided by paragraph 2 of that section.; In such appeal the burden is upon the state, acting through the local prosecuting attorney, to show by a preponderance of the evidence that: (l) The person was arrested; (2) The arresting officer had reasonable grounds to believe that the person was driving a motor vehicle while in an intoxicated condition; and (3) The person refused to submit to the test. If that burden of proof if sustained by the state, then the court should affirm the order of the Director of Revenue.

Opinion letter to the Honorable Thomas D. Graham

Article , Section 12, Missouri Constitution 1945, prohibits teachers and other employees of (1) a junior college operated by a public school district, (2) a junior college district, or (3) the state university from holding the office of state senator or representative.

The repainting of bridges on State highways is “construction” within the meaning of, and therefore included in the operation of, the prevailing wage law, Sections 290.210 to 290.310, RSMo, as amended.

Opinion letter to the Honorable Carl O. Brandwein

Nomination of a school director by petition in certain urban school districts as provided in Section 162.491, RSMo Supp. 1965, may be filed at any date within a reasonable time prior to the election.

A member of the poultry board may not delegate or authorize another person to vote by proxy in his place but has a public duty to be present and vote in person in the interests of the public.

Holder of permit to move building across or over public highway under Section 229.230 to 229.260 RSMo. 1959, unauthorized to require company with telephone wires along building transportation route to raise its wires to allow building to pass underneath. Telephone wires not “transmission lines” within meaning of sections, which sections are inapplicable to telephone wires. In its discretion, company may require cash deposit in advance from permit holder to cover expense of raising wires to allow building passage thereunder.

Opinion letter to the Honorable Maurice B. Graham

The Articles of Incorporation and by-laws of Kabul Nursing Homes, Inc., would permit its being considered a charitable institution and hence exempt from imposition of sales taxes under Section 144.040, RSMo, if, as matter of fact, the operation of the home is such as to entitle it to be a charitable institution.

The phrase “supported by public funds or by religious organizations” as used in Section 144.040, RSMo, modifies only “educational institutions” and a religious, charitable or eleemosynary institution may be exempt from payment of sales and use taxes even though they are supported entirely by private funds. Thus the John J. Dwyer Funds, Inc., an organization incorporated to provide scholarships to worthy students using funds donated by private persons or firms, is exempt as a charitable organization from the payment of sales and use taxes under Section 144.040, RSMo.

The ballot proposition to be submitted to the voters under Section 137.037, RSMo Cum. Supp. 1965 requires that the dollars to pay for the cost of reevaluation of real property subject to taxation in the county should be expressed in specific figures.

A county hospital organized pursuant to Section 205.160 and related sections is a political subdivision of this state insofar as Section 105.145 RSMo Supp. 1965 is concerned and must cause to be prepared and filed an annual financial report pursuant to Section 105.145, RSMo. Cum. Supp. 1965.

Pursuant to the authority of Section 400.9-407, RSMo Cum. Supp. 1965, county recorder of deeds shall conduct lien searches when requested to do so by nonstandard forms even though the Secretary of State has approved Missouri Uniform Commercial Code Form -11 for such use.