Missouri Advisory Opinions January 01, 1968: MO Att. Gen. Op. 303-68

Advisory Opinion Text

August 1, 1968

The Honorable Charles A. Weber, Prosecuting Attorney
Ste. Genevieve County
Ste. Genevieve, Missouri 63670

Dear Mr. Weber:

We have your request for an official opinion of this office, which is as follows:

"I would like an opinion on the following: At a special county election for the issuance of bonds for a hospital or nursing home, is the County responsible for the costs of the election if the bond issue is successful?"

You have further advised that:

"The request in my letter of June 1, 1968, deals with a County Hospital and a County Nursing Home as such and is not concerned with Hospital or Nursing Home districts.

The elections were held under the provisions of Chapter 205 starting with 205.160 and the bonds issued under Chapter 108."

Section 205.160, RSMo 1959, is as follows:

"Establishment and maintenance of hospitals bonds. The count courts of the several counties of this state are hereby authorized as provided in sections 205.160 to 205.340, to establish, construct, equip, improve, extend, repair and maintain public hospitals, and may issue bonds therefor as authorized by the general law governing the incurring of indebtedness by counties."

Section 205.375, RSMo 1959, is as follows:

"Nursing homes, county or township may acquire and erect issuance of bonds-leasing of homes. For the purposes of this section 'nursing home' means a facility for the accommodation off convalescents or other persons who are not acutely ill and not in need of hospital care, but who require skilled nursing care and related medical services.

(1) Which is operated in connection with a hospital, or

(2) In which such nursing care and medical services are prescribed by, or are performed under the general direction of persons licensed to practice medicine or surgery in the state.

2. The county court of any county or the township board of any township may acquire land to be used as sites for, construct and equip nursing homes and may contract for materials, supplies, and services necessary to carry out such purposes.

3. For the purpose of providing funds for the construction and equipment of nursing homes the county courts or township boards may issue bonds as authorized by the general law governing the incurring of indebtedness by counties, or may provide for the issuance and payment of revenue bonds in the manner provided by and in all respects subject to Chapter 176, RSMo, which provides for the issuance of revenue bonds of state educational institutions.

4. The county courts or township boards may provide for the leasing and renting of the nursing homes and equipment on the terms and conditions that are necessary and proper to nonprofit organizations for the purpose of operation in the manner provided in subsection 1."

You state that the elections were held under the provisions of Chapter 205 and Chapter 108, RSMo. There are no provisions in the above chapters authorizing the payment of election expenses from the proceeds of the bonds which you state were issued pursuant to Chapter 108, RSMo 1959.

Section 108.110, RSMo 1959, is as follows:

"Moneys deposited in county treasury county court to withdraw money for purposes for which bonds were issued. The moneys derived from the sale of such bonds shall be deposited in the county treasury, and the county clerk shall charge the treasurer therewith. And the said moneys shall be drawn from the treasury upon the order of the court for the purposes for which the bonds were issued."

Section 108.180, RSMo 1959, is as follows:

"Bond Issue --- funds kept separate. When any bonds shall have been issued by any county as provided under the constitution and laws of this state for the incurring of indebtedness, or for refunding, extending, unifying the whole or any part of their valid bonded indebtedness, the proceeds from the sale thereof and all moneys derived by tax levy, shall be kept separate and apart from all other funds of such governmental unit, provided, that in no case shall the proceeds derived from the sale of any such bonds be used for any purpose other than that for which such bonds were issued, nor shall such interest and sinking fund be used for any purpose other than to meet the interest and principal of such bonds."

Nowhere in the foregoing statutes is any authority given to pay for the cost of the bond election from the proceeds of the bonds voted therein. Chapter 108, RSMo governs bond issue generally. Note, Sections 108.110 and 108.180 supra provide that the money shall be used for the purposes for which the bonds were issued and none other.

Chapter 111, RSMo 1959, entitled "Conduct of Elections" provides that expenses incident to the preparation for and holding of a general election shall be borne by the respective counties in this state.

Section 111.300, RSMo 1959, is as follows:

"General election laws to govern special elections on bond ssues. Such special election (referring to special elections in counties for issuance of bonds), except as provided in Section 111.290, shall, as near as possible, be conducted in the same manner and be governed by the same laws, as a general election."

Section 108.060, RSMo provides as follows:

"Form of ballot. 1. The county court of sucfi county shall prepare and cause to be printed ballots to be used at such election which shall be in substantially the following form:

Official Ballot Instructions to voters:

To cast a ballot in favor of the proposition submitted upon this ballot place a cross (X) mark in the square opposite the word "Yes" to vote against the proposition submitted upon this ballot place a cross (X) mark in the square opposite the word 'Not.'"

Shall the following be adopted:
Proposition to issue the bonds . . . . . YES ( )
(Insert name) . . . county of the
amount of . . . for the purpose of . . . . NO ( )

2. The election provided for in sections 108.010 to 108.110 shall be held and conducted and the returns thereof made, examined and cast up in the same manner and in all respects as in elections for state and county officers, and the county clerk or the board or boards of election commissioners, if there be such a board or boards, shall certify the results thereof to the county court.

It is therefore plain that the county is liable for the expense incurred for in preparing and holding a special bond election for the purposes set out pursuant to the sections quoted supra.

As stated herein above, there are numerous other sections of Chapter 111, RSMo 1959, respecting the conduct of general elections which provide that the various items of expense shall be paid by the respective counties of the state holding the election. Section 111.350, RSMo 1959, provides that judges and clerks of the election in returning the poll books and ballots to the county clerk's office shall be paid out of the county treasury.

Section 111.480, RSMo 1959, provides that the county clerk shall cause the sheriff of the county or his deputy to deliver ballots to the judges of the election before the polls are open, such officers to be allowed reasonable compensation therefor, to be provided for by the county court.

Section 111.490, RSMo 1959, requires the sheriffs of their respective counties to provide ballot boxes at the expense of their counties for general elections. These are some of the sections of the election laws imposing the cost of holding general elections upon the counties. There is no statute in this state to the contrary.

It is, therefore, the opinion of this office that 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 that there is no authority to pay such expenses from the proceeds of bonds sold pursuant to such elections.

The foregoing opinion, which I hereby approve, was prepared by my Assistant, Mr. Arnold Brannock.

Very truly yours,

Norman H. Anderson
Attorney General