Missouri Attorney General Opinions

Opinion letter to the Honorable Thomas W. Shannon

Opinion letter to the Honorable James F. McHenry

Opinion letter to Mr. James R. Spradling

Opinion letter to the Honorable Christopher S. Bond

Opinion letter to Mr. G. L. Donahoe

Opinion letter to the Honorable C. E. Hamilton, Jr.

Opinion letter to the Honorable Frank

Opinion letter to the Honorable David Q. Reed

(1) The positions of executive secretary of the Air Conservation Commission, Clean Water Commission, and Inter-Agency Council for Outdoor Recreation are abolished and the director of the Department of Natural Resources shall cause the policies of these boards to be executed and directors of staff shall be appointed by the director of the department to service these agencies, (2) there is no position comparable to “executive secretary” for the Soil and Water Districts Commission and the director of the department shall cause the policies of this commission to be executed and shall appoint a director of staff to service the commission; (3) the director of the department shall cause the policies of the Oil and Gas Council to be executed and shall appoint a state geologist who shall serve as director of staff to the council; (4) the position of director of the Land Reclamation Commission continues and the commission shall select such director who shall be the “director of staff”; and (5) none of the above positions are merit positions under Chapter 36, RSMo.

Opinion letter to the Honorable Kenneth J. Rothman

Under the provisions of Senate Bill No. 1, General Assembly, First Extraordinary Session, where a division is created by statute and an existing agency is transferred to it by "Type I" transfer, the department head has the power that he would if the agency were transferred by "Type I" transfer to the department, except he may not abolish the division and he may not assign the function of the previously existing agency to another division in the department.

The Director of the Division of Credit Unions in the Department of Consumer Affairs, Regulation, and Licensing is not required to meet the qualifications expressed in Section 370.100, RSMo 1973 Supp.

Opinion letter to the Honorable James G. Lauderdale

The gross receipts of the State Fair, derived from the sale of admission tickets, are subject to Missouri sales tax. The gross receipts from the sale of admission tickets to county fairs sponsored by fair associations, or by 4-H Extension Councils, are exempted from sales tax by Senate Bill No. 607, General Assembly (1974). Sales of tickets to county fairs sponsored by other types of private organizations are exempted from sales tax by Section 144.040.1, RSMo, as amended by House Bill No. 1593, General Assembly (1974), only if the sponsoring organizations are charitable organizations.

Opinion letter to Ms. Margie L. Butler

(1) The Mental Health Commission, and not the Governor, has authority to appoint the director of the Department of Mental Health, and (2) the Governor and the Mental Health Commission are each authorized to remove the director of mental health.

In addition to the Director of the Department of Social Services and his secretary, and the division directors and their secretaries, and three additional positions in each division, all positions included in the exemptions listed in Section 36.030.1, RSMo, are excluded from the requirements of Chapter 36, RSMo.

Opinion letter to Mr. James R. Spradling

It would be unconstitutional to appropriate revenue derived from highway users as an incident to their use or right to use the highways of the state for state approved courses in driver education in school districts.

The State Highway Department is subject to the provisions of Sections 8.310 and 8.320, RSMo 1969, and accordingly must obtain the formal approval of the Commissioner of Administration before letting contracts for repair, rehabilitation, or construction of buildings and facilities. The State Highway Department is not required to obtain the formal approval of the Commissioner of Administration before obtaining architectural documents, supervising construction, and performing maintenance and inspection, provided, however, that in carrying out these activities it must conform to the reasonable procedures outlined by the Commissioner of Administration pursuant to his rule-making authority under Section 8.320, RSMo 1969. The repair, maintenance, operation, construction, and administration of highways, bridges, and tunnels by the State Highway Department are not subject to the requirements of Sections 8.310 and 8.320, RSMo.

Opinion letter to Herbert R. Domke , M.D.

Opinion letter to the Honorable James Millan

Opinion letter to the Honorable Joseph S. Kenton

Section 20 of Senate Bill No. 57, General Assembly, First Regular Session [Section 190.195, RSMo Supp. 1973], which purports to limit the civil liability of certain persons rendering emergency medical services, violates the provisions of Article , Section 23 of the Constitution of Missouri and is, therefore, void.

The Department of Education must obtain formal approval of the Commissioner of Administration before letting contracts for repair, rehabilitation, or construction of facilities. It need not obtain formal approval before obtaining architectural documents, supervising construction, or performing inspection and maintenance, provided its procedures in carrying out these activities conform to the procedures the Commissioner of Administration has outlined pursuant to his rule-making authority under Section 8.320. The state universities, including the University of Missouri, have the power and authority to obtain architectural documents, let contracts for repair, rehabilitation or new construction of facilities, supervise construction, and perform inspection and maintenance of facilities without the approval of the Commissioner of Administration, once the necessary funds have been appropriated by the legislature for the performance of such activities. These institutions, however, are subject to the provisions of Section 8.320.

Opinion letter to the Honorable Phil Snowden

Opinion letter to the Honorable John D. Ashcroft

Opinion letter to the Honorable Vernon King

Opinion letter to Mr. W. Clifton Banta , Jr.

Opinion letter to the Honorable James C. Kirkpatrick

Opinion letter to the Honorable Maurice Schechter

Opinion letter to the Honorable Jack E. Gant

Opinion letter to the Honorable Robert T. Johnson

Once a county library district is created by the county court, such district exists whether or not the voters adopt a tax levy for the district; and after such a district is created, a city library district may not be created within the county library district.

Opinion letter to the Honorable James C. Kirkpatrick

A person whose driver’s license has expired can be placed under suspension or revocation by the Director of Revenue upon the accumulation of the necessary points; and such a person, or a person whose license expires subsequent to the issuance of a revocation or suspension, is subject to prosecution under Section 302.321, RSMo Supp. 1973, if apprehended while driving during the period in which the suspension or revocation is in effect.

The Governor has the authority to establish the level of salary of the director of the Department of Transportation and such funds appropriated to the department, for personal service, may be utilized to supplement the amount appropriated for the salary of the director.

The term "estimate," found in C.C.S.H.B. No. 1004, General Assembly, and other appropriation bills, is merely informational and has no legal effect.

The letters "" used in appropriations for personal services in bills passed by the General Assembly do not affect or restrict the authority of governmental units, to whom appropriations are made, to expend the sums appropriated for "personal services" for the number of employees provided for by general statutes or the number deemed necessary, and proper by such governmental unit if the number of employees is not provided for by general statutes.

Opinion letter to Mr. B. W. Robinson

Charges for the use of billiard, pool, bowling, and similar amusement or recreational facilities are subject to Missouri state sales tax under Section 144.020, subsection 1(2), RSMo Supp. 1973 (Senate Bill No. 407, General Assembly).

Opinion letter to the Honorable Michael L. Shortridge

Opinion letter to the Honorable Jerold L. Drake

Opinion letter to the Honorable Ronald McKenzie

Opinion letter to the Honorable Don Hancock