OPINION	DATE	TOPIC	SUMMARY
1-68	May 14	PUBLIC SERVICE COMMISSION. MOTOR VEHICLES.	It is therefore the opinion of this office that: (a) After an operator of a freight-carrying motor vehicle claiming the exemption from Public Service Commission regulation provided by Section 390.030 (8), RSMo, is apprehended with a gross weight in excess of six thousand pounds, he may remove the excess weight and proceed without being in violation of Section 301.070,RSMo, for such continued travel. Although he is liable to prosecution for having operated an improperly licensed vehicle, the exemption of the vehicle under Section 390.030 is not lost by reason of an isolated instance of operating a freight-carrying motor vehicle with a gross weight of more than six thousand pounds. (b) The licensing and registration of a commercial motor vehicle may be changed from time to time to coincide with the use to which it is intended to be put. An owner having no further use for a license authorizing a gross weight of twelve thousand pounds may relinquish it and secure a license authorizing a gross weight not in excess of six thousand pounds.
2-68	Dec 16
17-68	Jan 25	WITHDRAWN	Since the assessed valuation of DeKalb County was determined to be more than $20,000,000 by the State Tax Commission in its complete report dated December 31, 1966, the Prosecuting Attorney of DeKalb County is entitled to the compensation authorized by Section 56.291, RSMo Cum. Supp. 1965, for counties with an assessed valuation of more than $20,000,000 for services performed on or after January 1, 1967.
22-68	Jun 18	WITHDRAWN
24-68	Jan 23	FOURTH CLASS CITIES. TRAFFIC OFFENSES. CITY ORDINANCES. COMPLAINTS AND INFORMATIONS.	1) Warrant may be issued on a complaint without information in fourth class city unless offense is traffic offense: (2)Warrant cannot be issued for traffic offense without information in fourth class city, (3) Not necessary for city attorney in fourth class to be present in court in absence of an ordinance.
36-68	Jan 18	BRIDGES. ROADS. ROAD DISTRICTS. COUNTIES. TAXATION.	Tax monies raised under Section 137.555, RSMo 1959, can only be spent for use on county roads and bridges, but may not be spent on bridges within a special road district. Expenditure of these funds is limited to those purposes specified by statute.
39-68	Jun 24	FARMERS MUTUAL INSURANCE COMPANIES. INSURANCE.	The intent of the legislature expressed in Section 380.490, RSMo 1959, is to limit the sale of fire and lightning insurance by Farmers' Mutual Companies to "counties in which they are organized, and in adjoining counties and in counties of which a county line of said county is not more than one mile distant from the county line in which said mutual insurance company is organized." A Farmers Mutual selling fire and lightning insurance in any other county violates such law.
40-68	Jan 29
45-68	Apr 2
46-68	Apr 30
48-68	Jan 30	REGISTRATION. COUNTY CLERKS. CITY COUNCILS.	When the voters approve registration under Chapter 116, the county clerk should commence the registration processes as soon as is reasonably possible. Under Section 116.050, the county clerk has the discretion to designate the number and places of temporary registration as provided by statute. The city councils determine the precincts. In order to register, the voters must apply for registration at the clerk's office or such places of temporary registration as the clerk may designate.
49-68	Jan 16	PROSECUTING ATTORNEYS. CONFLICT OF INTEREST. NEPOTISM. CONSTITUTIONAL LAW. COUNTY COURT. COUNTY JUDGE.	There is no act of nepotism in the appointing by the prosecuting attorney as his secretary the daughter of a county judge. The act of nepotism arises from the fact that the appointing officer who "names or appoints the employee" is, himself, related to the employee within the prohibited degree defined by statute. Inasmuch as there is no private business action which is involved where a prosecuting attorney appoints as secretary a woman who is the daughter of a county judge, there is no violation of the conflict of interest statutes found in Sections 105.450 to and including 105.495, RSMo Supp. 1965. The "principles of public policy" are not violated by the appointing by a prosecuting attorney as his secretary the daughter of a county judge.
50-68	Feb 22	JAILS. CITIES, TOWNS, AND VILLAGES COUNTIES. SHERIFFS. COOPERATIVE AGREEMENTS.	A city and a county can jointly erect a common jail. A county can house city prisoners and charge the city therefor. The governing body of a county or the sheriff can contract with a town to use the town's jail.
55-68	Jul 3
56-68	Apr 18	ROADS AND BRIDGES. STATE HIGHWAY DEPARTMENT. PREVAILING WAGE LAW.	Contract for seal coating state highways with asphalt not subject to Prevailing Wage Law. Contract for application of layer of asphalt and aggregate three-eighths of inch thick subject to Prevailing Wage Law.
57-68	Jun 18	AUDITS. COUNTY TREASURER. AUDITOR. COUNTY AUDITOR. COUNTIES.	The accounts of the county treasurer of a second class county upon his retirement cannot be singled out for audit under either Section 29.230, RSMo Supp. 1967, or Section 50.055, RSMo 1959. Such audit can be made only under Section 55.160, RSMo 1959. An independent certified public accountant cannot be hired to audit only the accounts of the county treasurer, but can be hired to audit all the accounts of the county at a maximum cost of five thousand dollars under Section 50.055.
58-68	Jul 7	LABOR. WOMEN. HOURS OF LABOR. FEMALE EMPLOYEES.	Female employee of bank covered by maximum hours of female employment law.
59-68	Jun 18	WITHDRAWN
62-68	Feb 6	CIRCUIT CLERKS. COUNTY RECORDER. COUNTY ASSESSOR.	Circuit clerk recorder in third class county not required under Section 137.117 to notify county assessor of court decrees in quiet title suits.
63-68	Apr 30
66-68	Sep 12	STATE EMPLOYEES' RETIREMENT SYSTEM. LEGISLATURE. RETIREMENT.	Increase in monthly retirement benefits as provided for in Senate Bill No. 360 of the 74th General Assembly, Section 104.390, RSMo Cum. Supp., 1967, is applicable to prior terms of office, served by present and former members of the legislature who are members of the state retirement system and eligible for future retirement, in computing the minimum retirement annuity of such members.
67-68	Feb 13	AGRICULTURE DEPARTMENT. HEALTH BOARD OF STATUTORY CONSTRUCTION. MEAT INSPECTION. SLAUGHTERHOUSES.	The specific provisions of SB 77, 744th General Assembly, as to sanitation in slaughterhouses must be regarded as an exception to, or qualification of, the general provision of Chapter 196, RSMo 1959, and that by the enactment of SB 77 the legislature intended to place in the Department of Agriculture exclusive jurisdiction to prescribe rules and regulations with respect to sanitary practices in all commercial plants at which livestock or poultry are slaughtered, or at which meat or meat products are processed for human consumption, and did not intend to subject those who are so regulated to duplicate supervision by the Division of Health.
68-68	Oct 1	WITHDRAWN
73-68	Aug 1	CIVIL DEFENSE. FIRE PROTECTION DISTRICTS. COUNTIES.	The Missouri Civil Defense Act (Chapter 44 RSMo) envisions autonomous local civil defense organization in those political subdivisions defined by the law. Therefore, the county Civil Defense Agency has duties and responsibilities only within the areas of the county lying outside any of the statutorily defined political subdivisions having their own local organization for disaster planning.
74-68	Jun 25
76-68	Oct 1	JUVENILES. JUVENILE OFFICER. SHERIFFS.	It is the duty of the sheriff, if he is convinced that a person in his custody is a juvenile, to report the matter directly to the Juvenile court or to the Juvenile officer together with all the information he has obtained, and this relieves the sheriff of any further duty insofar as this Juvenile is concerned.
80-68	Jan 23	SCHOOL DISTRICTS. SENATE BILL NO. 166. CONSOLIDATION ELECTIONS. BOUNDARY CHANGES.	Senate Bill No. 166 of the 74th General Assembly does not prevent existing school districts from changing their boundaries under the provisions of Section 162.431, RSMo Supp. 1965.
81-68	May 13
82-68	Oct 9	PURCHASING AGENT. STATE HIGHWAY COMMISSION. STATE PARK BOARD. STATE CONSERVATION COMMISSION.	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.
83-68	Aug 20
85-68	Jan 30	WITHDRAWN
88-68	Jun 5	PROBATE COURT. MENTAL ILLNESS.	The Probate Court of Scott County must grant a re-examination on a petition for release from commitment from the State Hospital in Fulton when the petition is filed by one found to be mentally ill by the Probate Court of Scott County under Section 202.807, RSMo 1959.
91-68	Feb 6	PUBLIC WATER SUPPLY DISTRICTS. WATER CODES. ST. LOUIS COUNTY.	Public Water Supply District No. 1 in St. Louis County, including only unincorporated territories of the county, organized under Sections 247.010 to 247.220, RSMo 1959, can set up plumbing code regulations which are incident and necessary to the operation of the water district. However, such regulations cannot abrogate or contradict any of the provisions of the existing county plumbing code which has been adopted by the St. Louis County Council pursuant to the Constitutional Charter of St. Louis County and Sections 341.090 to 341.220, RSMo 1959.
92-68	Feb 22	ANNEXATION. THIRD CLASS CITIES. COUNTY LIBRARY DISTRICT. PART OF LIBRARY DISTRICT OF ANNEXING CITY.	It is the opinion of this office that territory annexed to a third class city which maintains a free public library supported by taxation pursuant to annexation proceedings pending on October 13, 1965, ceases to be a part of a county library district in which such territory was located prior to such annexation and becomes part of the municipal library district.
95-68	May 14	COUNTY AUDITOR. COUNTY COURT. COUNTY WARRANTS.	The approval of the county auditor is necessary before the county court of a second class county can order payment of a claim against the county out of the county treasury and issue a warrant for such payment, and the county court has the further power to determine whether such a claim shall be paid.
99-68	Jan 16	WITHDRAWN
100-68	Jan 29
101-68	Jan 11	COMMISSIONER OF FINANCE. BANK APPLICATIONS.	It is our opinion that the Commissioner of Finance may process first either the application first received or the application first completed. Either approach is reasonable under the applicable statutes and the Commissioner may exercise his discretion as to which will be processed first without prejudice to either party.
104-68	Mar 19	COMPATIBILITY OF OFFICES. CORONERS. DEPUTY SHERIFFS. SHERIFFS.	It is the opinion of this office that the same individual cannot serve in the dual capacity of coroner and deputy sheriff because the two offices are incompatible.
105-68	Jul 9	COURT REPORTER. JUVENILE COURT. AUDITS. COSTS. FEES.	The clerk of the juvenile court should tax as cost the five dollar fee provided for by Section 485.120, RSMo 1959, when the juvenile court appoints an official court reporter. The five dollar fee must be paid by the clerk into the county or city treasury and the court reporter is not entitled to same.
108-68	Dec 19	STATE UNIVERSITY. POLICE OFFICERS. SHERIFF. ARREST.	City police officers, sheriff, and state highway patrol have jurisdiction over crimes committed on state university property.
110-68	Mar 11
111-68	Jul 1	INSURANCE.	There is nothing to prohibit a fire insurance company from switching from maintenance of its own public rating record to one that is maintained by an actuarial bureau if approval of the superintendent of insurance is obtained as prescribed by statute when the effect of said switching is to increase the fire insurance premium rates.
115-68	Jun 18	WITHDRAWN
116-68	Mar 19	CREDIT UNIONS. USURY.	The "one percent a month on unpaid balances" interest rate limitation as expressed in Section 370.300, RSMo 1959, is an exception to the general usury statute. The interest rate limitations of Section 408.030, RSMo 1959, and Section 408.100, RSMo 1959, do not apply to credit union loans and credit unions may legally charge up to "one percent per month on unpaid balances; provided, however, that a minimum interest charge not exceeding twenty-five cents per month shall be allowable in all cases."
119-68	Jan 9	MOTORCYCLE. HELMETS. DRIVERS LICENSE.	Points assessed for failure to wear helmet.
121-68	May 14	WITHDRAWN
125-68	May 28	SCHOOLS. JUNIOR COLLEGE DISTRICTS.	I. The requirements of Section 178.810, RSMo Supp. 1967, relating to organization elections of junior college districts are met by giving notice by publication in any newspaper of general circulation in each county at the time and in the manner required by law. 2. The publisher's affidavit of publication of notice of the election is sufficient if it conforms to the requirements of Section 493.060 RSMo. There is no requirement that this affidavit be produced except as may be necessary under the circumstances to provide "sufficient evidence of the publication." 3. The recording by the State Board of Education of the copy of the order declaring the junior college district organized pursuant to Section 178.800, RSMo Supp. 1967, is sufficient to constitute notice to the county clerk and other county officials of the legal existence of the district.
128-68	Aug 22	MOTOR VEHICLE LICENSES. MOTOR VEHICLES. LICENSES. REGISTRATION.	(1) A change from individual to joint ownership of a motor vehicle or trailer in which the original owner is one of the joint tenants or tenants by the entirety terminates the right to use the registration plate issued for such vehicle and necessitates the purchase of a new registration plate for the motor vehicle or trailer. (2) A change from joint ownership to individual ownership by one of the joint tenants or tenants by the entirety does not invalidate the continued use of the original registration plate or require the purchase of a new registration plate for the motor vehicle or trailer.
130-68	May 9
132-68	Feb 27	THIRD CLASS CITY. CITIES, TOWNS, VILLAGES. CITY COUNSELOR. "MINISTERIAL."	The City Counselor of a third class city is required to be a resident of said city.
133-68	May 2	CRIMINAL COSTS. INDIGENT PERSONS. POOR PERSONS.	(1) The county is not obligated to pay the medical bills of an indigent defendant who sustains injury during the commissior of a crime and is hospitalized for said injury; (2) The county court does have authority to make payment of hospital bills of indigent defendants but the payment may not be taxed as costs in the criminal case; and (3) Hospital bills incurred by an indigent defendant during the commission of the crime may not be taxed as costs in the criminal case.
134-68	Apr 18	SPECIAL BENEFIT. ASSESSMENT ROAD DISTRICTS. BOUNDARIES CANNOT BE EXTENDED OR LESSENED.	County court of non-township organization county cannot, under provisions of Section 231.010, RSMo 1959, change boundaries of the special benefit assessment road districts of county, organized under Sections 233.170 to 233.315, RSMo 1959, taking territory from first district and adding same to common road district of county, and taking territory from such common road district and adding it to said second district.
135-68	May 21
136-68	Jan 11	WITHDRAWN
137-68	May 13
141-68	Mar 21	COUNTY HEALTH AND WELFARE PROGRAMS. ECONOMIC OPPORTUNITY.	Counties may expend funds to provide quarters for community action agencies operating under the federal Economic Opportunity Act.
142-68	Apr 2	WITHDRAWN
146-68	May 14	WITHDRAWN
147-68	May 2	ROADS AND BRIDGES. COUNTY BUDGET.	General county revenue funds may be budgeted and expended for the purchase of road machinery, repair and upkeep of bridges other than on state highways and not in special road districts; and for the construction and maintenance of roads.
148-68	May 2	WITHDRAWN
151-68	May 29	COUNTY HEALTH CENTER. ELECTIONS.	The question of establishment of a county health center may be submitted to the electorate on the day of the August primary election becausesuch election is a "general election" within the meaning of Section 205.010, RSMo 1959.
152-68	Feb 6	FOURTH CLASS CITIES. CITIES, TOWNS AND VILLAGES.	A fourth class city can legally engage in the operation of an intra-city bus system and can make use of surplus city funds if additional revenue would be required.
154-68	Jul 14	MOTOR VEHICLES. PICKUP TRUCK. NOT EMERGENCY VEHICLE.	Privately owned pickup truck used in responding to calls for emergency service by motorists of stalled or disabled vehicles, which truck has only standard equipment put on at factory, without equipment for hoisting or towing vehicles at roadside, is not a "wrecker" or "tow truck" within meaning of Section 304.022, Paragraph 3, Subparagraph 3, RSMo. 1959.
155-68	Aug 22	CRIMINAL LAW. DEPARTMENT OF CORRECTIONS. SUPREME COURT RULES. PRISONERS. SHERIFFS.	It is the duty of the penitentiary officials to transport a prisoner in their legal custody to and from a hearing in Circuit Court ordered under Supreme Court Rule 27.26. There is no authority for a county to pay a sheriff mileage for transporting the prisoners in this situation.
158-68	Feb 26
160-68	Jul 14	SCHOOLS. SCHOOL DISTRICTS. NODAWAY COUNTY BOARD OF EDUCATION.	Resident of Andrew County who lives in a school district of Nodaway County having territory located in Andrew and Holt Counties, if he meets all other statutory qualifications, is eligible for and qualified to serve, if elected, as a member of the board of education of Andrew County.
161-68	Apr 18	WITHDRAWN
162-68	Jan 17	WITHDRAWN
163-68	Mar 26	FIRE PROTECTION DISTRICTS. CLASS ONE COUNTIES. PENSIONS.	Fire protection districts may pension firemen on vote of people. Section 67.200, RSMo Supp. 1967, has no application to Section 321.220, RSMo Supp. 1967.
164-68	Mar 12	INSURANCE. BENEVOLENT ASSOCIATIONS.	The National Senior Citizens Benevolent Association is engaging in the business of insurance in the State of Missouri. The Articles of Agreement and the Contributing Death Benefit Certificate clearly show that the purpose of this association is to provide insurance for its members in fact, if not in name.
165-68	Mar 14
166-68	Jan 23	SHOPLIFTING. CRIMINAL LAW. ARREST. CITIZENS ARREST. WARRANTS.	Private citizen may arrest without warrant for felony or petty larceny committed in his presence.
169-68	Mar 26	AGRICULTURE. OLEOMARGARINE. STATUTORY CONSTRUCTION.	Oleo margarine made and manufactured from the ingredients, commodities or combinations thereof, named and set forth in Section 561.770, RSMo 1959, may be sold or offered for sale only when the containers or cartons thereof have printed thereon the word "oleomargarine."
170-68	Aug 6	COUNTY COURT. COUNTY CLERK. TRANSFER OF FUND.	In county of class three the county court may, on recommendation of the county clerk, transfer funds from the emergency fund to the road and bridge fund, but only for unforeseen emergencies and only on a unanimous vote of the county court.
171-68	Feb 8	NINE HOUR LAW. FEMALE EMPLOYEES-FEMALE LABOR.	Female employees of a business office of a construction company fall within the purview of Section 290.040, RSMo Supp. 1967, prohibiting certain establishments from employing female labor for a longer period than nine hours in one day or fifty-four hours in one week.
172-68	May 28	ECONOMIC POISONS. STATUTORY CONSTRUCTION. DEPARTMENT OF AGRICULTURE.	Incidental differences such as differences in size, shape or color of labels, or differences in trade names or advertising emblems on labels, does not preclude registration of two or more economic poisons as a single product under Section 263.300, RSMo 1959, of the Economic Poisons Law when the writing on such labels is identical with respect to showing that the products have the same formula, are manufactured by the same person, the labeling of which contains the same claims and identifies the products as the same agricultural chemical.
173-68	Jul 16	SCHOOL DISTRICTS. CHANGE OF BOUNDARY. ST. CHARLES COUNTY. EXTENDING SCHOOL BOUNDARY. BOUNDARIES.	The extension of the municipal boundaries of the City of St. Charles does not automatically extend the boundaries of the St. Charles School District under Section 162.421, RSMo. Supp. 1967, where the territory taken in by the extension of the city is contained within a six-director school district that maintains a high school. The inhabitants of the area annexed by the City of St. Charles may not change the boundaries of the school district by election under Subsection 2 of Section 162.421, RSMo. Supp. 1967. However, the voters of the two school districts may change the boundaries between the school districts under the general change-of-boundary statute, Section 162.431, RSMo. Supp. 1967.
174-68	Sep 19	STATE EMPLOYEES. RETIREMENT SYSTEM. LEGISLATURE. RETIREMENT.	A refund of accumulated contributions under Section 104.380, RSMo. Cum. Supp. 1967 for services rendered before October 13, 1967 by a member who retired before October 13, 1967 and who is presently receiving a retirement annuity from the MissouriState Employees' Retirement System, would be in violation of Article I, Section 13 of the Missouri Constitution of 1945.
176-68	Feb 8	CENSUS. POPULATION. COUNTY COURTS. COMPENSATION. SALARIES.	The county court is not authorized to increase the salaries of county officers on the basis of common knowledge of an increase of population in the county since the last decennial census of the United States was taken in 1960. The salaries of such officers must be ascertained solely on the basis of the 1960 decennial census of the United States until January 1, 1971, the date that the 1970 census becomes effective.
177-68	May 8	INSURANCE. TRUE NAME.	"True name" as used in Section 375.012, subsection (2), RSMo Cum. Supp. 1967, means a person's actual and not fictitious name and includes a surname, a first name, and a middle name or initial.
178-68	Sep 17	SCHOOLS. SCHOOL BUILDING. SCHOOL PROPERTY. TENANTS IN COMMON.	A six-director school district may acquire ownership of realty by purchase of an undivided part interest as tenant in common. However, as to that part and during that time which the premises are used for school purposes, exclusive control must be vested in the board of education of the district.
182-68	Feb 23
184-68	Mar 11	WITHDRAWN
186-68	Feb 29	TRAINING SCHOOLS. JUVENILE COURTS. SENTENCES.	The order of commitment of a delinquent juvenile must be made in accordance with jurisdiction conferred by the legislature. Such an order seeking to limit the period of commitment to the time when the child committed reaches eighteen years of age is invalid and cannot be applied because the controlling statutes require that all such commitments be for an indeterminate period.
187-68	May 23	MOTOR VEHICLES. TRUCKS AND TRACTORS. TRACTORS NOT REQUIRED TO HAVE MUD FLAPS.	A tractor used for pulling a trailer or semi-trailer is not when being driven without the trailer or semi-trailer a truck and, therefore, does not come within the purview of Section 304.265, Mo. Supp., 1967, and is not required to have mud flaps for its rear wheels.
188-68	Sep 3	WITHDRAWN
189-68	Apr 30
190-68	May 23	INDUSTRIAL COMMISSION. UNEMPLOYMENT COMPENSATION.	Employee who retires under union contract not eligible for unemployment compensation.
192-68	Aug 22	INDUSTRIAL DEVELOPMENT. COUNTIES.	A county may not condemn property for industrial development.
193-68	Apr 2	RABIES CONTROL. COUNTY HEALTH OFFICER. COUNTY COURT.	In the absence of a county health commissioner,the county court has no power to prepare regulations with regard to dog control for protection against rabies.
195-68	May 21	WITHDRAWN
196-68	May 14	ASSESSORS. TOWNSHIP ASSESSORS. COUNTY COURT. COMPENSATION. FEES, COMPENSATIONS AND SALARIES.	The county court has the duty of paying the statutory fees as set out in Section 65.240, RSMo Supp. 1967, Section 65.245, RSMo 1959, and Section 261.070, RSMo 1959, to the township assessors and that the State Tax Commission has no authority to order the county court to withhold payments of such fees because the Tax Commission believes the property valuations of such assessors are too low.
202-68	Aug 20
203-68	Feb 27	WITHDRAWN
204-68	May 9
209-68	Dec 17	WATCHMEN. NIGHT WATCHMEN. POLICE OFFICERS. ARREST. BOARD OF POLICE COMMISSIONERS.	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.
212-68	Mar 14
213-68	Mar 28	SCHOOLS. SCHOOL BOARDS. NOMINATIONS. ELECTIONS. ST. LOUIS CITY BOARD OF EDUCATION.	1. The sections of the Revised Statutes of Missouri which govern the procedure to be used in the handling of nomination petitions of persons who seek election to the Board of Education of the City of St. Louis as independent candidates are Sections 120.180 through 120.220, RSMo 1959, as amended. 2. The petitions are to be filed with the Board of Education for the St. Louis City School District.
214-68	Dec 12	FIRE PROTECTION DISTRICTS. COUNTIES OF FIRST CLASS. BOARD OF DIRECTORS. POWERS OF.	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.
218-68	May 14	LICENSES. DRIVER'S LICENSE. CHAUFFEUR'S LICENSE.	An employee of a manufacturing company who regularly drives a company owned pick-up truck, with tools and instruments, with tool chests mounted in the bed of the pick-up truck for performance of his various tasks, and who also carries replacement parts in the back of the pick-up, who makes the rounds of the various machines which he must inspect and service at least once a week regularly drives a commercial motor vehicle of another, that he is acting as a chauffeur as defined in the third definition of Section 302.010 (1), RSMo Supp. 1967, and may be prosecuted for a misdemeanor if he so operates such vehicle without having a proper chauffeur's license.
219-68	Mar 15	SCHOOLS. ELECTIONS.	The names of candidates in an election in any six-director school district located wholly within a city having a population of more than two hundred thousand and less than seven hundred thousand shall be listed on voting machines in the order that is prescribed by the appropriate board of election commissioners and that said board may use its discretion in determining what that order shall be.
220-68	May 10	ST. LOUIS CITY CIRCUIT COURT. JURY COMMISSIONER. SHERIFF. JURY ASSEMBLY ROOM. DUTIES OF JURY COMMISSIONER AND SHERIFF REGARDING JURY ASSEMBLY ROOM.	The Circuit Court of the City of St. Louis may not lawfully transfer the jurisdiction, custody and operation of the jury assembly room in the Civil Courts Building in the City of St. Louis from the sheriff to the jury commissioner of said City.
221-68	May 9
222-68	Mar 25
224-68	Aug 20
227-68	Aug 2	RIGHTS OF CITIZENSHIP. FEDERAL DISCHARGE OF PRISONERS. PROBATION, PARDON, AND PAROLEES.	Section 549.111, RSMo Cum. Supp., 1967 does not include within its purview a person who has received his final discharge under federal law.
228-68	Aug 30
235-68	Dec 12	PROSECUTING ATTORNEYS: COUNTY EMPLOYEES: SALARY FOR PROSECUTING ATTORNEYS' STENOGRAPHERS: SALARIES AND FEES: FEES AND SALARIES: EMPLOYEES:	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.
236-68	Apr 16
237-68	Nov 14	CITIES, TOWNS & VILLAGES: BONDS: COOPERATIVE AGREEMENTS: COUNTY BUILDINGS: MUNICIPAL BUILDINGS:	(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 note 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.
238-68	May 2	TAXATION (SALES TAX):	The total amount of the monthly water bills paid by patrons of Public Water Supply District No. 2, of Barton County, are subject to the State Sales Tax.
240-68	Mar 29
242-68	May 14	COMPATIBILITY OF OFFICES: CONFLICT OF INTEREST: DEPUTY SHERIFFS: SHERIFFS: OFFICERS:	An individual employed full time as a deputy sheriff of Buchanan County may serve as a member of the Municipal Excise Board for the City of St. Joseph.
243-68	Jun 18		It is the opinion of this office that the intangible tax on Savings and Loan accounts is to be returned, less two per cent for collection, to the county treasury of the county in which the home office of the association is located. The taxes are to be distributed to the county and other political subdivisions in which the home office of the association is located in proportion to their respective local rates of levy.
244-68	Aug 22	FEDERAL STATE AGREEMENTS. ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.	Certification of State Application for Participation in Title III Elementary and Secondary Education Act of 1965 as amended by PL 90-247 grants for supplementary education centers and services.
246-68	Sep 12	CONFLICT OF INTEREST. CITY COUNCILMAN. INSURANCE.	A member of the city council of a third class city who is an insurance agent violates Section 105.490, RSMo Cum. Supp. 1967, and Section 106.300, RSMo 1959, if he furnishes insurance to the city. A city councilman would also violate Section 105.490 and Section 106.300 if he was a member of the Ray County Insurance Agents Association and, as such, participated in the division of the agent's commission made among the members of said association.
250-68	Jun 18	POLITICAL PARTIES. PARTY COMMITTEE. DATE OF CONGRESSIONAL.	Under Section 120.820, RSMo Supp. 1967, pertaining to political parties, Congressional District Committees must meet on "the last Tuesday in August after the primary election."
252-68	May 2	CONSTITUTIONAL CHARTER CITIES. EARNINGS TAX. MUNICIPAL CORPORATION. TAXATION.	The City Charter of Kansas City, Missouri, cannot be amended by a vote of the people so as to authorize the imposition of a one per cent earnings tax by Kansas City without enabling legislation by the Missouri General Assembly.
253-68	Jun 18	AUTOMOBILE DEALERS. AUTOMOBILE INSPECTION. PRIVATE AUTOMOBILE INSPECTION PERMITS. MUNICIPALITIES.	The Superintendent of the Missouri State Highway Patrol may issue private official inspection station permits to automobile dealers, municipalities and other governmental entities having one or more vehicles and or trailers with a gross weight in excess of 6,000 lbs. They meet the requirement of having the vehicles to be inspected registered in their names by virtue of qualifying for the registration exemption set out in Section 301.250, RSMo 1959.
255-68	Apr 11
257-68	May 9
261-68	Jun 14
262-68	May 2	WITHDRAWN
263-68	May 2	PROSECUTING ATTORNEY. COUNTY BOARD OF EDUCATION. SCHOOLS.	The prosecuting attorney of a third class county is required to represent a county board of education created under Section 162.111, RSMo Cum. Supp. 1967.
264-68	May 14	TAXATION. CITY OF FOURTH CLASS. OCCUPATIONAL TAX. DRIVER'S LICENSE FEES.	A city of the fourth class may not charge an occupational tax on driver's license fees collected by agents of the Department of Revenue who are acting under the authority of Section 136.055, RSMo Cum. Supp. 1967.
267-68	Dec 19	DEPARTMENT OF AGRICULTURE. MISSOURI GRAIN WAREHOUSE LAW. GRAIN SAMPLERS.	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.
270-68	May 14	TAXATION. COUNTY COURT. EXEMPTIONS FROM TAXES.	Property owned by a corporate unit of the Girl Scouts of America which is used regularly, completely and exclusively for charitable purposes, is exempt from taxation under the constitution and laws of the state.
274-68	May 15	ELECTIONS. CANDIDATES.	A declaration of candidacy which contains a misstatement of the office being sought may not be corrected or amended subsequent to the filing deadline of five p.m. on the last Tuesday in April preceding the primary election.
276-68	Dec 12	TEACHERS. SCHOOLS. SCHOOL BOARDS. UNIONS. LABOR UNIONS. CONTRACTS.	(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.
279-68	Aug 22	POLITICAL SUBDIVISION. PUBLIC WATER SUPPLY DISTRICT. ASSESSED VALUATION. PENSION PLAN FOR EMPLOYEES.	A public water supply district under Chapter 247, RSMo 1959, may employ the pension plan under Section 67.200, RSMo Cum. Supp. 1967, if its assessed valuation is $40,000,000 or more.
280-68	Jun 18	REAL ESTATE COMMISSION. LICENSES.	Banking institutions and savings and loan associations which charge fees for making loans or charge discount points for making loans from their own funds are not required to obtain a real estate license under the Missouri Real Estate License Law.
281-68	May 28
283-68	Aug 26	VOTING. EMPLOYEES.	A Missouri employer is not obligated to allow time off for voting purposes to employees who live and vote in Kansas.
284-68	Nov 13
285-68	Dec 10	MISSOURI NATIONAL GUARD. MISSOURI NATIONAL GUARD. PUBLIC EMPLOYEES. COLLECTIVE BARGAINING.	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.
286-68	Jun 18	INSURANCE. INSURANCE AGENCY LICENSE.	An insurance agency originally licensed after January 1, 1968 is required to pay an annual license fee of $25 on or before July 1, 1968.
287-68	May 27	ELECTIONS. BALLOTS. NONPARTISAN CANDIDATES. PRIMARY ELECTIONS.	It is not necessary for county clerks or boards of election commissioners to print a separate ballot when there is only one candidate filed on a nonpartisan or independent ticket in a primary election.
288-68	Dec 10
290-68	Dec 5	AMBULANCES. COUNTY HOSPITALS. HOSPITALS. SPECIAL TAX LEVIES.	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.
291-68	Aug 26	COURTS. MAGISTRATES. EXECUTIONS. FEES.	Under Section 483.610, RSMo 1959, magistrate court clerks should charge thirty-five cents for issuing all executions in civil cases.
292-68	Nov 26
296-68	Jun 19
298-68	Nov 15
299-68	Dec 18
301-68	Jul 30	COUNTY ASSESSOR. COUNTY COLLECTOR. TAX ASSESSMENT. TAX COLLECTION.	When more than one person claims ownership of a tract of land and insists on paying the taxes due on the particular tract of land; 1. The assessor should record the names of all claimants in the ownership column of the tax books, and 2. The collector should receive and issue receipts for all amounts tendered by claimants as payment of the amount due on the particular tract of land.
303-68	Aug 1	ELECTIONS. BONDS.	The respective counties in this state are liable for and are obligated to pay the expense of bond elections for County Hospitals and County Nursing Homes and there is no authority to pay such expenses from the proceeds of bonds sold pursuant to such elections.
408-68	Jan 8
419-68	Jan 8

1968 Attorney General Opinions

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1968 Missouri Attorney General's Opinions