Missouri Attorney General Opinions

The Board of Trustees of the Missouri State Employees' Retirement System has authority under the provisions of § 104.515, RSMo Supp. 1980, to include in any health benefits plan offered to its members the option of membership in a health maintenance organization organized under Chapter 354, RSMo 1978, and the Missouri State Employees' Retirement System must offer its members the option of membership in a qualified health maintenance organization, where twenty-five (25) or more system members reside in that HMO's service area.

Opinion letter to The Honorable James C. Kirkpatrick

Opinion letter to Barrett A. Toan

Opinion Letter to The Honorable Kaye Steinmetz

Opinion letter to The Honorable Phil Snowden

The Tort Defense Fund does not extend generally to the officers, agents, employees and members of the Office of the Adjutant General, to those in the Disaster Planning and Operations Office, or to those in the Office of Air Search and Rescue except to the extent that individuals so employed are the Adjutant General or members of the Missouri National Guard.

The fees and revenues of MHDC are not subject to constitutional and statutory mandates that all state revenue and other moneys from any source whatsoever be deposited in the state treasury and that the MHDC fees and revenues are not subject to appropriation by the General Assembly.

Opinion letter to Dr. James Frank

Opinion letter to The Honorable Jerry E. McBride

Opinion letter to The Honorable Stephen C. Bradford

Opinion letter to The Honorable Samuel C. Jones

Opinion letter to The Honorable Truman E. Wilson

Opinion letter to The Honorable John Schneider

1. A person who was a deputy circuit clerk in the City of St. Louis on June 30 1981 and who became a state employee the next day is a member of the Missouri State Employees' Retirement System and entitled to creditable prior service for all service rendered to the City of St. Louis if the individual complies with the provisions of paragraphs (a), (b), (c) and (d) of § 104.345.3(1) of House Committee Substitute for House Bills Nos. 835, 53, 591 and 830 of the 81st General Assembly.; 2. The allowance for creditable prior service provided for in House Bills Nos. 835, 53, 591 and 830 of the 81st General Assembly, for deputy circuit clerks of the City of St. Louis is not contingent upon the City of St. Louis Retirement System consenting to the transfer of funds.

Opinion letter to The Honorable Orvey C. Buck

With regard to the statewide reassessment currently in process the "state financed proportion” required to be maintained according to the Hancock Amendment (Art. X, § 21) is to be measured by the percentages set forth in § 137.750, RSMo Supp. 1980, and that accordingly, the state is responsible for reimbursement to the counties based upon the application of those percentages to actual approved expenses incurred in each county of the state.

Opinion letter to The Honorable John A. Birch

Opinion letter to The Honorable Estil Fretwell

Under §§ 104.310, et seq., as amended by House Committee Substitute for House Bills Nos. 835, 53, 591 and 830 of the General Assembly, if the employee does not use his accrued annual leave while he is an employee, and accrued annual leave is paid as a lump sum on the payroll for the employee's last month of work, the accrued annual leave is excluded from calculations of average final compensation and creditable service. Retirement benefits then commence the day after the last day worked.

Opinion letter to The Honorable Kenneth L. Oswald

Opinion letter to The Honorable Larry E. Mead

Opinion letter to The Honorable Paul Bradshaw

Opinion letter to The Honorable Gary E. Stevenson

A filing fee is not required in an action brought on behalf of a county hospital organized under the provisions of § 205.160 for the collection of an overdue account.

Opinion letter to The Honorable James R. Strong

Opinion letter to The Honorable William R. O'Toole

Opinion letter to The Honorable Kenneth L. Oswald

A contract entered into with the United States Secretary of the Army under § 57.109, RSMo Supp. 1980, for special law enforcement services by a sheriff must have the approval of the county court. The sheriff does not receive any additional compensation for the performance of such services, although the contract may contain provisions for direct reimbursement of mileage expense for the sheriff or his deputies using personal vehicles.

Juvenile officers do not fall within the definition of peace officers as provided by Section 590.100(2), RSMo.

Opinion letter to The Honorable Gary E. Stevenson

The change by the St. Louis County Board of Equalization in the formula for calculation of the merchants' and manufacturers' tax does not constitute an increase in the levy of an existing tax or the imposition of a new tax and need not, therefore, be submitted for voter approval according to the Hancock Amendment.

Opinion letter to The Honorable James F. Antonio

Local school districts are not required to bid depositaries in accordance with the provisions of Chapter 165, RSMo, because it is "unlawful” for a banking institution to pay interest upon demand deposits.

Opinion letter to The Honorable David Doctorian

The charges imposed by the Board of Public Works of the city of Fulton for electricity and natural gas consumption do not constitute any type of tax, license, or fee within the meaning of Art. X, § 22, Mo. Constitution, and that increases in those charges do not, therefore, depend for their validity upon voter approval prior to imposition.

Opinion letter to The Honorable John G. Meyer

Opinion letter to The Honorable Joe Moseley

In considering §§ 205.975 through 205.990, RSMo, in their entirety, before any entities can receive community mental health fund moneys levied and collected by counties under §§ 205.975 through 205.990, the entities are required to be designated by the Department of Mental Health in the state plan as providers of comprehensive mental health services in the catchment areas where the entities are located.

Interest collected on the assessment fund of the county under § 137.720 and § 137.750, RSMo Supp. 1980, goes into such fund and is not to be paid into county general revenue.

Opinion letter to The Honorable Larry E. Mead

Opinion letter to The Honorable Paul L. Bradshaw

Opinion letter to Mr. W. David Blackwell

Division directors of the Department of Social Services may designate only one exempt assistant pursuant to § 36.030.1(1), RSMo Supp. 1980.

Opinion letter to The Honorable Fred B. Brummel

Opinion letter to The Honorable Steve Vossmeyer

Opinion letter to The Honorable Lester Patterson