Missouri AG Opinions — 1968

A school district board of directors has authority to elect to become an "employer" under the Workmen's Compensation law and to provide workmen's compensation for its employees and use public funds for such purposes.

Review and certification of State Plan for Attracting and Qualifying Teachers to Meet Critical Teacher Shortages under Part B, Subpart 2 of the Education Professions Development Act, Title V Higher Education Act of 1965, as amended by P.L. 90-35.

Opinion letter to the Honorable Harold L. Volkmer

An agency of the state government may be authorized by the legislature to contract and cooperate with private medical schools for the purpose of training Missourians in the medical profession.

A private corporation may not be authorized to accept and retain fees for collecting samples for inspection and grading of grain by the Department of Agriculture pursuant to the provisions of the Missouri Grain Warehouse Law. Such samples must be collected by an employee of the state and the fees paid to the Collector of Revenue and deposited in the State Treasury.

City police officers, sheriff, and state highway patrol have jurisdiction over crimes committed on state university property.

Opinion letter to the Honorable Hubert Wheeler

Opinion letter to the Honorable Hubert L. Davidson

Opinion letter to the Honorable James P. Dalton

It is the opinion of this office that a private watchman licensed by the Board of Police Commissioners of the City of St. Louis has authority limited by the terms of his license to serve and act as a private watchman at certain designated premises within the City of St. Louis only. Such a watchman is not an officer of a municipality in a first class county having a charter form of government and accordingly is not within the provisions of Sections 66.200, RSMo Supp. 1967, or 66.250, RSMo Supp. 1967, relating respectively to the transmission of municipal records and requiring municipal police officers to take training courses. Further, such a watchman has no authority to make an arrest in St. Louis County for a misdemeanor not committed in his presence.

A court cannot grant a limited hardship privilege where a license has been revoked under the provisions of Section 302.291, RSMo.

The Reynolds County Hospital District organized under Chapter 206, RSMo., may provide an ambulance service to the inhabitants of the hospital district as an incident to the operation of the hospital. Such service may only be provided after the hospital is established. The District cannot furnish a general ambulance service provided for in Section 67.300, RSMo Supp. 1967.

(1) Teachers may join in groups, including unions, for the purpose of making proposals to school boards, but the boards cannot enter into binding agreements with such groups; (2) School boards may consider teacher group proposals and are not precluded from acting favorably upon such proposals to the extent that they do not conflict with applicable law or superior regulation; (3) School boards may enter into binding contracts with individual teachers which extend beyond the term of the school board, provided that the individual contract is not for an unreasonable term, in bad faith, fraudulent or in conflict with any statutory provisions or superior regulations; (4) No school board can enter into a contract which involves more than one teacher; (5) The school boards exercise a function of the sovereign and as such cannot delegate and cannot bargain or contract away any sovereign powers or duties.

Stenographic and clerical help employed by prosecuting attorneys of third and fourth class counties under the authority of Section 56.245, RSMo Supp. 1967, are employees of the county and not of the prosecuting attorney, and, therefore, such employees are entitled to receive compensation from the county for the period between the date of death of the prosecuting attorney and the date the vacancy of the office was filled by appointment by the Governor during which period there was an acting prosecuting attorney. The person appointed as special prosecutor upon the absence of the prosecutor is not entitled to any remuneration for his services other than that as provided by Section 56.130, RSMo 1959.

Section 321.220, RSMo Cum. Supp. 1967, granting certain powers to board of directors of fire protection district of first class county empowers directors to require removal of obstructions in streets within district.

Opinion letter to the Honorable R. Jack Garrett

Civilian employees of the Missouri National Guard may join labor organizations under the provisions of Section 105.510, but the organization may not enter into a collective bargaining contract binding on the state.

It is the opinion of this office that the services of a podiatrist are not “physician’s services” as provided in Section 208.152, RSMo. Supp. 1967, providing for benefit payments for medical assistance on behalf of needy persons.

It would be a valid exercise of the inherent police power of the state to adopt legislation requiring a reasonable “continuing education” program in the field of podiatry as a condition to annual registration.

Opinion letter to the Honorable Bill Crigler

A county hospital organized under the provisions of Section 205.160, RSMo et seq., may establish and maintain an ambulance service supported in whole or in part by special tax levy funds pursuant to Section 205.200, RSMo Supp. 1967. Such ambulance service may not be a general service but must be in direct connection with the services rendered county hospital patients.

Opinion letter to the Honorable Thomas D. Graham

It is the opinion of this office that a bank or other institution included in Section 145.210, RSMo Supp. 1967, having custody of the will of a decedent shall deliver such will to the Probate Court which has jurisdiction of the estate. No inheritance tax waiver is required to authorize such delivery.

Opinion letter to Mr. W.E. Sears

Under Section 483.610, RSMo 1959, magistrate court clerks should charge thirty-five cents for issuing all executions in civil cases.

State college or university may establish courses, a division or department of religion for the purpose of teaching about religion as distinguished from the teaching of religion. The courses offered, as well as all courses of the institution, both in plan and practice must maintain strict religious neutrality as defined by the courts.

Opinion letter to the Honorable Langsford

A city of the class under a lease agreement pursuant to industrial development revenue bond issues under Chapter 100, RSMo Cum. Supp. 1967, need not follow the procedure of competitive bidding for the construction of the proposed facility thereunder, and that under Section 100.200, any purchase options entered into in compliance with the statutes and approved by the Division of Commerce and Industrial Development need not be further approved at the time of their actual exercise.

A county or City of St. Louis cannot participate in food stamp program until approved by the Federal Department of Agriculture.

The elimination of the discounts presently allowed under the sales tax act, the state income tax act, and the city earnings tax authorization statutes for the collection of such taxes would not affect the constitutionality of those statutes.

(1) The City of Columbia and Boone County may cooperate in the acquisition or building of an office building to be used jointly for administrative offices; (2) that revenue bonds cannot be used by the City of Columbia or Boone County for the purpose of financing the acquisition or construction of such a building; (3) by a vote of the people general obligation bonds may be issued by the City of Columbia and by Boone County for financing the acquisition or construction of such a building.

Opinion letter to the Honorable Alden S. Lance

Opinion letter to the Honorable J. H. Frappier

Opinion letter to the Honorable E. Hunter, Jr.

Opinion letter to the Honorable Thomas A. David

Opinion letter to the Honorable Charles B. Adams

Opinion letter to the Honorable William C. Batson , Jr.

Under Sections 111.420 and 111.580, RSMo 1959, write-in votes for president and vice-president which are properly cast must be counted, and do not invalidate a ballot nor any portion thereof.

One can hold the offices of United States Representative in Congress and party committeeman concurrently.

Probate Judge/ex officio Magistrate may not simultaneously serve as United States Commissioner pursuant to 28 , Section 631.

County cannot enter into a lease-type agreement for purchase of personal property on payment plan extending ever one year without a vote of the people.

County court cannot issue tax bills against adjacent property for road improvements.

Because of the provisions of Section 174.240, RSMo Supp. 1967 placing the entire administration of the Jasper County Junior College District in the hands of the Missouri Southern State College Regents, an audit by the State Auditor of Missouri Southern State College should include an audit of all expenditures by the Board of Regents in administering the first two years of college under the Jasper County Junior College District.

Opinion letter to the Honorable James C. Skaggs

Wholesalers may lawfully make deliveries of liquor and beer to retailers on election days.

An absentee ballot which is mailed to the issuing officer by an individual other than the voter at the request of the voter, is a valid ballot and should be counted if otherwise in compliance with the Absentee Voting Laws.

County courts and boards of election commissioners have authority to appoint as election judges only members of the Democratic and Republican parties because such two political parties are the parties which received the largest number of votes and the next largest number of votes at the last general election. The county courts and boards of election commissioners have no authority to select judges from lists submitted to them by the alleged representatives of a third political party.

A vote on November 5, 1968, by a municipality to issue general obligation bonds, will not pass if more than 60%, but less than 66-2/3% of the vote is favorable, even though on the same date a proposed constitutional amendment to reduce the percentage requirement to 60% for the issuance of such bonds obtains a majority vote.

Opinion letter to the Honorable William R. Antoine

1. The State Purchasing Agent Law does not apply to purchases made by the University of Missouri. 2. The State Purchasing Agent Law applies to purchases made by departments including state colleges from non-appropriated funds. 3. The State Purchasing Agent Law does not apply to purchases made by a department under statutes now in effect or which may be enacted in the future giving a department specific authority to contract or purchase directly from a seller. 4. The State Purchasing Agent Law does not apply to leases or purchases of land by the State Conservation Commission, the State Highway Commission or the State Park Board.