Missouri AG Opinions — 1971

One may deduct from his gross income reportable for Missouri income tax purposes an amount used to purchase a "tax sheltered annuity" pursuant to a deferred compensation agreement with the employer so long as that deduction is not in excess of the amount properly includable in the gross income of the employee pursuant to the provisions of the Internal Revenue Code of the United States.

Opinion letter to the Honorable Charles S. Stratton

Opinion letter to Herbert R. Domke , M.D.

A state merit system employee is not prohibited from accepting an appointive position with a city and holding both positions.

Opinion letter to the Honorable Earl L. Sponsler

The trustees of the Taney County Health Center may appoint personnel on a full or part-time basis to investigate and enforce violations of environmental laws and regulations.

Opinion letter to the Honorable James S. Stubbs

Intangible personal property in which labor unions have a legal, equitable, or beneficial interest is subject to the intangible personal property tax.

Article , Section 3(a), (b) and (c) of the Missouri Constitution provides no method by which a constitutional convention may be limited in its consideration of proposed amendments.

1. The county court in a third or fourth class county is not required to pay any of the cost of the surety bond for the county collectors. 2. The whole cost of such surety bond must be paid by the county where, (1) the county collector elects to enter into a surety bond with a surety company authorized to do business in the state, and (2) the county court has given its consent to be liable and approves the bond. 3. The county court may not participate in a partial payment of the cost of the surety bond for the county collector.

Surplus funds received by the county collector from the sale of property for taxes are to be deposited with the county treasurer as provided for under Section 140.230, RSMo 1969, and invested as provided for under Article IX, Section 7, Constitution of Missouri, 1945 and Section 166.131, RSMo 1969.

Opinion letter to Mr. William Y. McCaskill

Opinion letter to the Honorable Walter E. Allen

Opinion letter to Mr. H. Duane Pemberton

Opinion letter to Mr. H. Duane Pemberton

When the voters of a reorganized school district have approved building bonds, such bonds may be issued after subsequent approval by the voters of a reorganization plan which will result in the creation of a new district if the bonds are presented for registration before the board of directors of the new district organizes pursuant to Section 162.301, RSMo 1969.

Junior College districts and other school districts fall under the provisions of House Bill 228, Sections 67.330 through 67.390, RSMo 1969, passed by the Seventy-Fifth General Assembly.

A sewer district in a second class county organized pursuant to Sections 249.760 through 249.810, RSMo 1969, may issue revenue bonds in the manner provided by Section 249.800, RSMo 1969.

Opinion letter to Mr. Herbert M.

Opinion letter to the Honorable W. Clifton Banta , Jr.

Opinion letter to Mr. Carl R. Noren

Opinion letter to Mr. H. Duane Pemberton

Opinion letter to Mr. Joseph Jaeger, Jr.

Opinion letter to Mr. Edwin M. Bode

Opinion letter to the Honorable J. F. Patterson

Opinion letter to Mr. Joseph Jaeger, Jr.

Opinion letter to the Honorable Robert A. Young

Opinion letter to the Honorable A. Basey Vanlandingham

Opinion letter to the Honorable Don Randall

(1) A pupil between the ages of seven and sixteen enrolled in a nonpublic school may also attend courses on a part-time basis in a public technical-vocational school so long as the attendance at the public school is in addition to attendance for the six-hour school day at the nonpublic school. Such part-time attendance would be subject to reasonable rules and regulations on the part of the public school district. (2) The Compulsory School Attendance Law, Section 167.031, RSMo 1969, as interpreted by the Missouri Supreme Court in the Wheeler decision, does not require that a pupil attend one school for six consecutive hours each day provided that a total of six hours each day is spent in attendance at one school.

Opinion letter to the Honorable Vernon Bruckerhoff

A license for a "restaurant bar" to sell intoxicating liquor by the drink for consumption on the premises under Section 311.097, S.C.S.S.B. No. 148 of the General Assembly, includes the right to sell intoxicating liquor in the original package.

Opinion letter to the Honorable Robert B. Paden

Chapter 296, RSMo 1969, empowers the Missouri Commission on Human Rights to receive, investigate, conciliate and prosecute complaints of unlawful employment practices based on sex, and to conduct hearings and issue such orders as are deemed appropriate in each case.

When a six-director district lying wholly within Jackson County and partly within Kansas City has a school election on a day in which general, special or primary elections are not being held statewide and no election is scheduled in another political subdivision within the school district, Section 162.351, RSMo 1969, does not require either the Kansas City Board of Election Commissioners or the Jackson County Board of Election Commissioners to conduct the school election. Also, Section 162.361, RSMo 1969, does not require voters to register before voting in a school election held in a six-director school district lying only within Jackson County and partly within the city limits of Kansas City for the reason that the school district does not lie wholly within the limits of Kansas City. However, any six-director school district so located which contains a city having not less than ten thousand nor more than fifty thousand inhabitants shall require that all school elections be conducted in accordance with the registration laws applicable to general elections within the city. All voters in the district living outside the limits of such a city must also register to vote if required to register in a general election.

The Division of Mental Health and the superintendents of the facilities within such Division may promulgate reasonable rules requiring employees of the Division or of such facilities to submit packages and automobiles on facility premises to inspection. Employees who refuse to permit such a search are subject to disciplinary action including discharge.

Opinion letter to the Honorable Robert A. Young

Opinion letter to Mr. William Y. McCaskill , C.L.U.

Opinion letter to Mr. James E. Schaffner

A duly elected county surveyor cannot practice as a land surveyor in this state as defined in Section 327.272, RSMo 1969, unless he has been duly registered as a land surveyor under Chapter 327, RSMo 1969.

1. The Missouri Air Conservation Commission has the authority under Chapter 203, RSMo 1969, to adopt emission control regulations, including limitations on the content of fuels, which will attain and maintain national air quality standards, if the state standards are the same or more stringent. 2. The Missouri Air Conservation Commission has the authority under Chapter 203, RSMo 1969, and the Constitution of Missouri to enforce without delay the provisions of Chapter 203, RSMo 1969, and standards, rules, and regulations promulgated thereunder, through administrative procedures and injunctive relief. 3. The Missouri Air Conservation Commission has the authority under Chapter 203, RSMo 1969, to abate pollutant emissions on an emergency basis comparable to that available under 42 U.S.C.A., Section 1857d (k). 4. The Missouri Air Conservation Commission has the authority under Chapter 203, RSMo 1969, to provide for the equivalent of a construction permit system by promulgating regulations to require the submission of plans and specifications for approval before any person may construct any facility which will cause air pollution, but that the Commission has no such authority regarding an equivalent permit system for the operation of existing facilities which are the source of air pollution. 5. The Missouri Air Conservation Commission has the authority under Chapter 203, RSMo 1969, necessary to inspect, conduct tests, and obtain information, including the authority to require record keeping, to determine compliance with emission control regulations. 6. The Missouri Air Conservation Commission does not have any specific authority to require the installation of emission monitoring devices, but does have the authority to require reports from sources of air pollution relating to rate, period of emission and composition of effluent, and to make such information available to the public, unless any such information is “confidential” as defined by Section 203.050.4, RSMo 1969. 7. The State of Missouri has the authority to inspect for “air pollution control devices” which may be installed on motor vehicles as a requirement to comply with applicable emission regulations, but whether such regulations and inspections would accomplish the purpose of “enforcing compliance with applicable emission standards” which are federal standards, and whether the preemption provision of 42 U.S.C.A., Section 1857f -, has been complied with are questions that only the appropriate federal officials can answer. 8. All the authorities found in questions 1 through 7 have state-wide application.

Opinion letter to Mr. G. L. Donahoe

A fourth class city may issue general obligation bonds for the purpose of acquiring land and developing the same for a landfill to be used for the disposition of garbage, trash, refuse matter and municipal waste and that the landfill may be outside the corporate limits of the city with no restriction on the distance from the city.

1. Title of the Civil Rights Act of 1964 barring discriminatory employment practices with respect to woman workers has superseded Section 290.040, RSMo 1969, limiting the hours of labor of women employed by employers subject to the provisions of the federal act. 2. Those employers not covered by the provisions of Title of the Civil Rights Act of 1964 will remain subject to the maximum hours limitation of Section 290.040, RSMo 1969, and the Division of Industrial Inspection will continue to have the responsibility of enforcement in accordance with Section 290.070, RSMo 1969.

A sheriff may serve jury summons by mail under the provisions of Section 494.225, RSMo, (S.C.S.S.B. No. 103 of the General Assembly) effective September 28, 1971, without regard to the method used for assembling and drawing names of jurors.

(1) The Board or Probation and Parole is compelled by Section 195.220 to continue supervision over a person paroled from the State Department of Corrections who was convicted or selling, giving, or delivering a controlled substance for a period not less than the completion of the original sentence plus five years. (2) The Board of Probation and Parole is without authority pursuant to Section 195.220 to grant final release and issue a certificate of discharge pursuant to Section 549.275(2), RSMo 1969, to any person paroled from the Missouri Department of Corrections who was convicted of selling, giving, or delivering a controlled substance before a period of not less than the completion of that person’s original sentence plus five years. (3) An individual under supervision of the Board of Probation and Parole who was sentenced to the State Department of Corrections for selling, giving, or delivering a controlled substance, is not to be given credit for parole time as time toward service or his term of imprisonment pursuant to Section 549.275(1), RSMo 1969, and therefore, a person on parole from such a conviction must, on the revocation of the conditions of his parole, serve the remainder of the term set by the original sentence from which he was paroled.

1. The parent, guardian or other person having charge, control or custody of a child under the age of seven or over sixteen does not come within the provisions of Section 167.031, RSMo 1969, relating to compulsory school attendance on a full-time basis. However, a person standing in the parental relation to a child between sixteen and eighteen years of age who has not completed the elementary school course in the public schools of Missouri, or its equivalent, does come within the provisions of Section 167.051(2), RSMo 1969, relating to compulsory attendance at a part-time school. 2. All children in the State of Missouri between the ages of six and twenty years have a constitutional right to a public school education. All children who are entitled to a public school education as a matter of right but who do not fall within the age group of the Compulsory School Attendance Law may attend a public school on a part-time basis subject to a school district’s reasonable rules and regulations. 3. Subject to reasonable rules and regulations applicable to all students, public school authorities operating an area vocational school must enroll a private school student who desires to participate in the vocational instruction offered at the school outside of the regular school day if the student is within the age group of children entitled to a public education as a matter of right. Shared time instruction in area vocational schools whereby students between the ages of sixteen and twenty attend the public vocational school for part of the regular school day and take the remainder of their courses at a church related school does not violate either the statutes or Constitution of Missouri or the United States Constitution.

1. An indigent person may not be held in or committed to jail for failure to make immediate payment of a fine if he lacks the means to make such payment. 2. A person who claims that he is unable to pay a fine is entitled to a hearing to determine his ability to pay. 3. A person who fails to pay a fine which he is able to pay may be committed to jail for voluntary nonpayment. 4. The burden of proof of inability to make an immediate payment of a fine is on the person upon whom the fine is assessed and may be satisfied by such person's testimony. 5. Courts have authority to permit the payment of fines in installments. 6. An indigent cannot be sentenced to a longer period in jail than the maximum period of imprisonment prescribed for the offense because of his involuntary failure to pay a fine. 7. If a fine only is prescribed for an offense, an indigent cannot be sentenced to jail for his involuntary nonpayment of the fine.

1. An indigent person may not be held in or committed to jail for failure to make immediate payment of a fine if he lacks the means to make such payment. 2. A person who claims that he is unable to pay a fine is entitled to a hearing to determine his ability to pay. 3. A person who fails to pay a fine which he is able to pay may be committed to jail for voluntary nonpayment. 4. The burden of proof of inability to make an immediate payment of a fine is on the person upon whom the fine is assessed and may be satisfied by such person's testimony. 5. Courts have authority to permit the payment of fines in installments. 6. An indigent cannot be sentenced to a longer period in jail than the maximum period of imprisonment prescribed for the offense because of his involuntary failure to pay a fine. 7. If a fine only is prescribed for an offense, an indigent cannot be sentenced to jail for his involuntary nonpayment of the fine.

A board of directors of a six-director school district has no authority to prescribe rules governing the selection of candidates for election to membership on such board.