Missouri Attorney General Opinions

Both the court-ordered mandatory wage assignment pursuant to Section 452.350, RSMo Supp. 1982, and the order to withhold and pay over issued by the Director of the Missouri Division of Family Services, pursuant to Section 454.505, RSMo Supp. 1982, are “garnishments" within the meaning of the Consumer Credit Protection Act.

The Commissioner of Administration has the responsibility to purchase data processing services and to purchase, rent, or lease data processing equipment for the Department of Highways and Transportation; the Department of Highways and Transportation may purchase, rent, or lease such equipment or services only if the Commissioner of Administration delegates such authority to the department pursuant to Section 34.100.

Pursuant to Section 36.030.1, RSMo Supp. 1982, the employees of the Land Reclamation Commission are subject to the merit system provisions in Chapter 36, RSMo, with such exempt positions as may be provided for under subdivisions (1) through (10) of Section 36.030.1.

The Board of Public Buildings has the authority pursuant to the provisions of Section 8.430, RSMo 1978, to issue refunding bonds in advance of the redemption call or maturity of the outstanding bonds to be refunded without further legislative authorization. The issuance of refunding bonds will not create an additional obligation of the Board for purposes of calculating the $100,000,000 limitation on bonds of the Board imposed by Section 8.430. Refunding bonds may bear a rate of interest not to exceed fifteen percent pursuant to the provisions of Section 8.430 and shall have such terms and shall be sold in the manner provided by Sections 8.420, RSMo Supp. 1982, and 8.430.

The 1982 repeal and reenactment of Section 57.430.1 authorizes county courts to increase the maximum allowable amount of sheriffs' and deputies' actual mileage expense reimbursement by two hundred dollars per calendar month. The additional two hundred dollars per month provision of this statute does not authorize payment in any amount above twenty cents per mile actually driven, nor does it authorize the payment of any compensation in addition to actual mileage reimbursement.

Opinion letter to The Honorable James L. Mathewson

A member of the Missouri State Employees' Retirement System who works continuously until he or she is eligible to retire pursuant to Chapter 104, RSMo Supp. 1982, is entitled to credit for unused sick leave even though the member chooses to defer the payment of retirement benefits.

Opinion letter to The Honorable David L. Rauch

Opinion letter to The Honorable Roger B. Wilson

Opinion letter to Mr. Robert Luerding

Opinion letter to Mary-Jean Hackwood

Opinion letter to Dr. Arthur L. Mallory

Taxes paid under protest as provided in Section 139.031, RSMo 1978, are not considered collected for the purpose of calculating the collector's commissions as provided in Sections 52.250, 52.260, 52.270, RSMo 1978, until such taxes are disbursed to the proper governmental entities. Statutes in effect at the time the protested taxes were paid and impounded in a separate account apply in determining the collector's compensation.

In determining the compensation of an ex officio collector of a third class township county the total amount levied for any one year calculated under Section 54.320, RSMo Supp. 1982, does not include delinquent taxes.

Personnel records of the Missouri Department of Revenue come within the definition of "public records" as defined in the Sunshine Law, but such records may be exempted from public disclosure or closed as required by law.

Opinion letter to Dr. Arthur L. Mallory

Article X, Section 22(a), Missouri Constitution, requires voter assent to a specific proposed fire protection district levy prior to the imposition of such a levy by a newly-formed fire protection district.

Opinion letter to Fred A. Lafser

Article X, Section 22, Missouri Constitution, does not apply to private utility companies.

Appropriated funds from the School for the Blind Trust Fund, the School for the Deaf Trust Fund, and the Handicapped Children's Trust Fund, if not earmarked by the donor for a special purpose, may be used to provide operating money for the school to which the funds were donated if the request for funds from general revenue has resulted in an appropriation from general revenue which is less than requested.

Opinion letter to The Honorable Joe Moseley

The Public School Retirement System of Missouri is required under Section 104.601, RSMo Supp. 1902, to allow creditable service for unused sick leave in calculating retirement benefits for those members employed by agencies of the State of Missouri other than institutions of higher learning, but the provisions of that section do not apply to those members who are not employed by a state agency. In calculating the retirement benefits for such members, The Public School Retirement System of Missouri is required under Section 104.601 to include any creditable service for unused accumulated sick leave in addition to the creditable service for actual services, and the allowance of such unused sick leave credit may not be deferred to the period following the date of last services.

Opinion letter to The Honorable James F. Antonio

The State Auditor does not have the right to inspect individual income, corporate income, and withholding tax returns, and other documents and information described in Section 32.057, filed with the Department of Revenue, unless the inspection of such documents is necessary to the proper performance of his constitutional duty to postaudit the accounts of the Department of Revenue or to the proper performance of his constitutional duty to establish appropriate accounting systems for the Department of Revenue.

Opinion letter to John A. Pelzer

State Travel Regulations, 1 10-11.010, do not apply to the employees of the Missouri State Employees' Retirement System.

A chiropodist, podiatrist or physician of the foot, under Section 330.010.2, RSMo 1978, may perform surgical treatment of the ailments of the human foot when a general anesthetic has been administered by a person licensed to administer anesthetics.

Upon consolidation of two existing fire protection districts pursuant to Section 321.460, RSMo 1978, the consolidated district may levy as a matter of right only those taxes which had been previously approved by the voters of both of the former fire protection districts prior to consolidation.

County hospital charges may be increased without voter approval. Such charges do not constitute taxes, licenses or fees within the meaning of Article X, Section 22 (a) of the Missouri Constitution.

Utility and aircraft taxes are local taxes within the provisions of Section 52.260, RSMo, and are subject to the collection fee provided for therein. Such fees, when collected by a second class county collector who is paid a salary, must be paid to the county treasury pursuant to Section 50.350, RSMo.

The Commissioner of Administration is responsible for the administration of the State Election Subsidy Fund, established pursuant to Section 115.077.5, RSMo Supp. 1982.

Section 137.073, RSMo Supp. 1982 , does not violate the provisions of Article X, Section 22(a), Missouri Constitution, unless the operation of such statute is less restrictive than the operation of Article X, Section 22(a).

Section 104.515.12, RSMo Supp. 1982 , provides that the state shall contribute $1.50 per month to the Missouri State Medical Care Plan for each individual employed as a special consultant by the Board of Trustees of the Missouri State Employees' Retirement System.

Southwest Missouri State University is not required to obtain the approval of the State Auditor prior to entering into a contract for audit services with a private accounting or auditing firm.

The federal Fair Labor Standards Act pre- empts the Missouri Child Labor Law, Chapter 294, RSMo, to the extent, if any, that the Missouri Child Labor Law is in conflict with the intent and policy of the federal Act. However, the Fair Labor Standards Act was not intended by Congress to prohibit state regulation of child labor by occupying the whole field in this area, but instead leaves the states free to enact laws either more restrictive to employers or more favorable to employees. The state is also free to regulate in any manner it deems proper any areas exempted from the coverage of the Fair Labor Standards Act, or any subject areas not falling within the Act's definition of “commerce”.

A member of the General Assembly is a member of the Missouri State Employees' Retirement System pursuant to the provisions of Sections 104.310(25) and 104.330.1, RSMo Supp. 1982. As such, a member of the General Assembly may serve as an elected member of the board of trustees of the Missouri State Employees' Retirement System pursuant to Section 104.450, RSMo 1978.

Opinion letter to The Honorable Larry Mead

A municipality in a first class county having a charter form of government may transmit arrest records to the county law enforcement agency pursuant to Section 66.200, RSMo 1978, prior to the closing of such arrest records pursuant to the requirements of Sections 610.100 and 610.105, RSMo Supp. 1982 . A municipality in a first class county having a charter form of government may not transmit arrest records to the county law enforcement agency, if prior to the transmittal, the arrest record is closed as required by Sections 610.100 and 610.105, RSMo Supp. 1982.

Addendum to Opinion letter to Fred A. Lafser

A school district which provides only an elementary school program is not authorized to begin a ninth grade for its resident ninth grade students, and such district is not entitled to state aid under Section 163.031, RSMo 1978, for the ninth grade students attending such unauthorized ninth grade program.

Opinion letter to The Honorable James F. Antonio

The provisions of Sections 57.117 and 85.005 do not require that a person licensed as a watchman pursuant to Section 84.340 be a resident of the State of Missouri in order to qualify as a licensee.

An executive order of the governor is required to direct the organization of the Missouri reserve military force.

Pursuant to Section 67.150, RSMo Supp. 1981, and with specific reference to the types of insurance authorized by that section: All renewals of presently existing insurance contracts of political subdivisions must be competitively bid. A political subdivision need not rebid its insurance contracts annually; a political subdivision may not enter into a contract that would create an indebtedness in excess of the revenue and income for the current year plus any unencumbered balances from previous years. Any proposed material modification of an insurance contract requires that the contract be rebid. A political subdivision may accept only those bids which meet the specifications established by the political subdivision. The determination of the "lowest and best" bid properly lies within the discretion of the authorities of the political subdivision.

Pursuant to the provisions of Article , Section 13, Missouri Constitution, no member of the State Tax Commission was entitled to the increase in compensation provided for such members under House Bill 841 or House Committee Substitute for House Bill 77, 79th General Assembly, First Regular Session, until he assumed a new term of office.

A city or county holding a certificate of authority from the Missouri Air Conservation Commission may adopt ordinances or resolutions to regulate emissions from state-owned air contaminant sources, may adopt ordinances or resolutions which require the state to obtain a permit prior to enlarging a state-owned air pollution source, may adopt ordinances or resolutions which authorize the inspection of state-owned air contaminant sources, and may by ordinance or resolution require emission inventories from and source testing of state-owned air contaminant sources.

A second class county may, pursuant to Sections 260.215.2 and 260.215.4, RSMo, adopt a reasonable ordinance or regulation regarding the location of landfills within the unincorporated areas of the county, without becoming responsible for the requirements placed on cities and counties by Section 260.215.1. In the adoption of such an ordinance or regulation, the county court must follow the procedures outlined in Section 260.215.4. Such an ordinance or regulation, if adopted by the county, would be applicable to a third class city which proposes to locate a landfill in the unincorporated areas of the county.

Cities or counties must provide necessary medical care for persons in their legal custody. Such cities and counties are responsible for the initial payment for necessary medical services when such payment is required prior to medical care being provided. Ambulance services are not required to furnish prisoners non-emergency transportation.

Opinion letter to Honorable James C. Kirkpatrick

Representation of Clay County on the senatorial district committees for districts 12 and 17 is governed by Section 115.619.4, and the phrase “ward or township” as used in that section includes a “committee district” established in Clay County pursuant to Section 115.607.4.