Missouri Attorney General Opinions

Opinion letter to the Honorable John W. Buechner

The Director of the Department of Mental Health, as appointed by the Mental Health Commission and confirmed by the Senate, is not required to be a physician competent in the field of mental health, administration, and program planning.

Opinion letter to the Honorable Charles J. Becker

Opinion letter to the Honorable Robert A. Young

Opinion letter to Mr. J. Nielsen

Opinion letter to Mr. Lawrence L. Graham

Under Section 49.070, RSMo, a majority of the judges of the county court constitute a quorum to transact business; and it is only when one associate judge is absent and the presiding judge and one associate judge are sitting for the transaction of business and they disagree on the matter submitted to them that the decision of the presiding judge shall stand as the decision of the court.

Opinion letter to Dr. Arthur L. Mallory

1. Insurance companies are required to pay a filing fee pursuant to Section 374.230(6), RSMo, for documents filed with the Director of the Division of Insurance pursuant to Sections 376.405, 376.675, 376.777, RSMo 1969 and Section 379.321, RSMo 1975 Supp.; 2. The filing fee imposed by Section 374.230(6) is for each document and not each page of each document; and 3. The filing fee paid pursuant to Section 374.230(6) is not, pursuant to Section 148.400, deductible from the premium tax payable by such companies.

Opinion letter to Mr. Lawrence L. Graham

Opinion letter to the Honorable Donald L. Manford

Opinion letter to Dr. Arthur L. Mallory

A presiding judge of a county of the first class not having a charter form of government and not containing all or part of a city having a population of five hundred thousand inhabitants is required to devote his full time to the duties of his office under Section 49.080, RSMo Supp. 1975, but that such requirement does not mean that such officer is precluded from having other after-hours employment where such other employment does not conflict with, impair, or interfere with the performance of such officer's duties as presiding judge. County officers do not hold "part time" positions. They are required by law to personally devote their time to the performance of the duties of their offices. However, consistent with this requirement and unless otherwise prohibited by law, county officers may occupy other offices and engage in other activities which are compatible and not in conflict.

Opinion letter to the Honorable James C. Kirkpatrick

A licensed barber may arrange, dress, curl, singe, wave, permanent wave, cleanse, cut, bleach, tint, or color hair as a normal incident of dressing hair.

Opinion letter to the Honorable John E. Scott

Opinion letter to Mr. J. Nielsen

Opinion letter to the Honorable James C. Kirkpatrick

Opinion letter to the Honorable Schnatmeier

Opinion letter to Mr. James R. Spradling

(1) The Bi-State Development Agency of the Missouri-Illinois Metropolitan District and the Kansas City Area Transportation Authority of the Kansas City Area Transportation District should not be included within the scope of an audit of the Missouri Department of Transportation, conducted pursuant to Section 29.200, RSMo. (2) The Missouri-St. Louis Metropolitan Airport Authority should be included within the scope of an audit of the Missouri Department of Transportation, conducted pursuant to Section 29.200, RSMo. (3) The Missouri-Tennessee Bridge Commission, the Missouri-Illinois (Canton) Bridge Commission, the Missouri-Illinois (. Genevieve ) Bridge Commission, and the Missouri-Illinois-Jefferson-Monroe Bridge Commission should not be included within the scope of an audit of the Missouri Department of Transportation, conducted pursuant to Section 29.200, RSMo.

Opinion letter to the Honorable Daniel J. O'Toole

Opinion letter to Mr. Theodore L. Johnson

Opinion letter to Mr. Michael D. Garrett

The State Treasurer has the authority to look beyond the face of revenue transmittals to determine to what fund the monies should be credited. If the Treasurer determines that a state agency has not designated the proper fund, he may request the agency to submit a corrective revenue transmittal.

Opinion letter to the Honorable Earl L. Schlef

Opinion letter to Mr. W. Dale Burke

Opinion letter to the Honorable James C. Kirkpatrick

Opinion letter to the Honorable James C. Kirkpatrick

Opinion letter to the Honorable James C. Kirkpatrick

Opinion letter to Mr. Alfred C. Sikes

Opinion letter to the Honorable John T. Russell

Opinion letter to the Honorable Al Nilges

Opinion letter to the Honorable Bud Fendler

Section 23, Article IV, Constitution of Missouri, does not require that an appropriation must be stated as a specific dollar amount but only requires that the amount be capable of ascertainment; and, therefore, so-called "open-ended" appropriations, as illustrated by Sections 4.265 and 4.595 of House Bill No. 4, First Regular Session, General Assembly, and Section 6.050 of House Bill No. 6, First Regular Session, General Assembly, are valid. Furthermore, the practice of stating estimated amounts with "open-ended" appropriations, as illustrated by Section 4.265 of House Bill No. 4, First Regular Session, General Assembly, does not constitute maximum limitations which must be adhered to.

Opinion letter to the Honorable Richard M. Webster

Opinion letter to the Honorable Steve Gardner

Opinion letter to Mr. James R. Spradling

Article X, Section 11 of the Missouri Constitution does not authorize special school districts to levy taxes at the rates established therein absent legislation conferring upon special school districts that authority. Section 162.920, RSMo Supp. 1973, establishes twenty-five cents per one hundred dollars assessed valuation as the maximum tax levy that special school districts may assess without voter approval. That rate may be increased with voter approval in the manner provided in Chapter 164, RSMo.

Opinion letter to the Honorable James N. Foley

Opinion letter to the Honorable Michael L. Shortridge

Opinion letter to the Honorable Steve Vossmeyer

Opinion letter to the Honorable Norman L. Merrell

Opinion letter to the Honorable Steve Vossmeyer

Federal revenue sharing funds received by McDonald County may not be used to supplement the compensation of deputy county collectors.

Opinion letter to the Honorable Walter L. Meyer

Opinion letter to Mr. Lawrence L. Graham

Opinion letter to the Honorable Richard J. DeCoster

Opinion letter to The Honorable Bob F. Griffin

The Land Reutilization Authority of the City of St. Louis (Sections 92.700-92.920, V.A.M.S.) is an office within the "political subdivision" of the City of St. Louis, as the term is used in Section 29.230.2, RSMo, and, therefore, the State Auditor is authorized to include it within his audit of the City of St. Louis.