Missouri Attorney General Opinions

Opinion letter to the Honorable Donald L. Manford

The Missouri Director of Revenue is not authorized to impose penalties and/or interest in addition to sales or use tax as provided in the sales tax statutes, Sections 144.010 to 144.510, RSMo 1969, on those individuals who fail to apply for a certificate of ownership on a newly acquired automobile within thirty days from the date of purchase, as required by Section 301.190, RSMo 1969. The only penalty collectible, if the certificate of ownership is not applied for within thirty days from the date of purchase, is that provided for in Section 301.190(3), RSMo, i.e., a penalty of five dollars for each month or fraction of a month of delinquency not to exceed twenty-five dollars.

Opinion letter to Mr. Michael D. Garrett

Opinion letter to the Honorable Vernon Betz

The school district of residence of a handicapped child's parents or guardian must pay to the Department of Mental Health the local tax effort per child of that district when the handicapped child has been admitted to the programs or facilities of the Department. If a district is billed by the Department of Mental Health and there is a dispute over whether the child's parents live in the billed district, the dispute between the district and the Department should be resolved within the ninety-day period provided in Section 162.970, RSMo Cum. Supp. 1975. After the expiration of the ninety-day period, all delinquent districts should be certified by the Department of Mental Health to the State Board of Education. The State Board of Education, in reliance on that certification, should deduct from subsequent payments of state aid to the delinquent district the amount owed to the Department and remit that amount to the Department of Mental Health.

Opinion letter to the Honorable Emory Melton

Opinion letter to the Honorable Larry Mead

Opinion letter to Mr. Alan C.

Opinion letter to the Honorable W. E. Lewis

The Missouri State Council on the Arts may contract with artists for workshops, lectures, demonstrations, performances and art objects without violating Article , Section 38(a) of the Missouri Constitution.

A graduate of a foreign dental school is qualified for examination and registration as a dentist in the state of Missouri under the provisions of Section 332.131, RSMo, only if the school is certified by the American Dental Association.

The Director of Revenue does not have the right or duty to grant a use tax exemption in the case in which an individual transfers motor vehicles to a corporation in which he owns one hundred percent of the stock and the corporation assumes the outstanding liability on said motor vehicles.

To the extent that the proposed financial management and control system (SAM) involves the establishing of a system of accounting for public officials of the state of Missouri, the responsibility for designing and requiring the implementation of that accounting system rests solely with the State Auditor pursuant to the provisions of Article IV, Section 13, Missouri Constitution 1945. Those aspects of SAM not fairly included within the term "systems of accounting," as used in Article IV, Section 13, would be the responsibility of the Commissioner of Administration.

To the extent that the proposed financial management and control system (SAM) involves the establishing of a system of accounting for public officials of the state of Missouri, the responsibility for designing and requiring the implementation of that accounting system rests solely with the State Auditor pursuant to the provisions of Article IV, Section 13, Missouri Constitution 1945. Those aspects of SAM not fairly included within the term "systems of accounting," as used in Article IV, Section 13, would be the responsibility of the Commissioner of Administration.

Opinion letter to the Honorable R. L. Usher

Any registered voter in a county coming within the purview of Chapter 114, RSMo Supp. 1975, who changes his address prior to the closing of voter registration for a particular election, must apply to the county clerk and have his voter registration changed as provided for in Section 114.016, RSMo Supp. 1975, in order for him to vote in that election and he is not permitted to vote in the polling place where he formerly resided.

Opinion letter to the Honorable George E. Murray

Money may be disbursed from an appropriation for a subsequent fiscal year to pay for goods and services received and which constituted a legal claim in a previous fiscal year, if the subject matter of payment is otherwise within the purpose of the appropriation. A special appropriation, expressly for the purpose of satisfying the debt, is not, therefore, the only means of payment for such legal debt.

Opinion letter to Mr. J. Nielsen

Opinion letter to Dr. Arthur L. Mallory

No legal vacancy exists under Section 120.550, RSMo, when an ineligible person files for and is purportedly nominated as the candidate for the office of county district judge and thereafter resigns such purported nomination and therefore a party committee has no legal authority to fill such purported vacancy.

Opinion letter to Col. Theodore D. McNeal

Section 29.280 determines the manner in which a vacancy in the office of State Auditor will be filled. Pursuant to that section the Governor is required to appoint a successor to serve for the remainder of the unexpired term.

Opinion letter to Mr. Alfred C. Sikes

The St. Louis Republican Central Committee is a “public governmental body” as defined in Section 610.010(2), RSMo Supp. 1975, and is therefore subject to the open meeting requirement of that law.

Opinion letter to the Honorable James C. Kirkpatrick

Section 2 of House Bill 1514, General Assembly, Second Regular Session, which provides that vehicles engaged in transporting solid waste as defined by Section 260.200, RSMo, between a city and a solid waste disposal area or solid waste processing facility approved by the Department of Natural Resources may operate with a weight not to exceed 22,400 pounds on one axle means that such weight is to be calculated per axle and the weight limitations imposed by Section 304.180, RSMo, are not applicable to such vehicles.

Opinion letter to the Honorable James C. Kirkpatrick

The work of individuals, who perform duties for the Department of Higher Education, under work-release or work-internship programs, should be computed against the staff limitation contained in Section 6.2 of the Omnibus State Reorganization Act of 1974.

Opinion letter to Mr. J. Nielsen

The initial responsibility for issuing Clean Water Commission permits under Section 204.051, RSMo Supp. 1975, rests with the Director of the Department of Natural Resources acting in his capacity of administering Department of Natural Resources programs relating to environmental control and executing policies established by the Clean Water Commission.

Under Section 49.370, RSMo, the county court shall designate the place on which county buildings are to be erected at the seat of justice, and under Section 49.380, RSMo, the superintendent of county buildings appointed under Section 49.330, RSMo, has the authority to select a place anywhere within the corporate limits of the town known as the county seat if there is no suitable ground for the purpose intended belonging to the county within the limits of the original town known as the established seat of justice.

Opinion letter to the Honorable John T. Russell

Opinion letter to the Honorable Jack E. Gant

Opinion letter to the Honorable James I. Spainhower

Income earned from investment of money in the Workmen's Compensation Fund, Section 287.710, RSMo, is required to be credited to that fund.

Opinion letter to Dr. Arthur L. Mallory

Opinion letter to the Honorable Hardin C.

Opinion letter to Dr. Arthur L. Mallory

Opinion letter to the Honorable Jack C. Bauer

Opinion letter to Dr. Arthur L. Mallory

Opinion letter to the Honorable James C. Kirkpatrick

Opinion letter to the Honorable David L. Zerrer

Opinion letter to the Honorable James C. Kirkpatrick

An ambulance district created under the provisions of Sections 190.005, et seq., RSMo Supp. 1975, is authorized to employ private legal counsel.

Opinion letter to the Honorable Edward C. Graham

In determining the "total amounts received by school districts under the provisions of this section" as required by subsection 8 of Section 163.031 the State Board of Education must take into account for any district entitled thereto the protection afforded by subsection 4 of Section 163.031.

Opinion letter to Mr. James L. Wilson

A ballot for a political party at the August Primary may contain more than one column so long as all the candidates for any office are listed in one column.

A bank or other financial corporation acting as a trustee, as an executor, or in some other fiduciary capacity exercising control over agricultural land, must file reports with the Director of the Missouri State Department of Agriculture pursuant to Section 350.030, RSMo Supp. 1975.