Missouri AG Opinions — 1976

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.

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