Missouri AG Opinions — 1983

Both the court-ordered mandatory wage assignment pursuant to Section 452.350, RSMo Supp. 1982, and the order to withhold and pay over issued by the Director of the Missouri Division of Family Services, pursuant to Section 454.505, RSMo Supp. 1982, are “garnishments" within the meaning of the Consumer Credit Protection Act.

The Commissioner of Administration has the responsibility to purchase data processing services and to purchase, rent, or lease data processing equipment for the Department of Highways and Transportation; the Department of Highways and Transportation may purchase, rent, or lease such equipment or services only if the Commissioner of Administration delegates such authority to the department pursuant to Section 34.100.

Pursuant to Section 36.030.1, RSMo Supp. 1982, the employees of the Land Reclamation Commission are subject to the merit system provisions in Chapter 36, RSMo, with such exempt positions as may be provided for under subdivisions (1) through (10) of Section 36.030.1.

The Board of Public Buildings has the authority pursuant to the provisions of Section 8.430, RSMo 1978, to issue refunding bonds in advance of the redemption call or maturity of the outstanding bonds to be refunded without further legislative authorization. The issuance of refunding bonds will not create an additional obligation of the Board for purposes of calculating the $100,000,000 limitation on bonds of the Board imposed by Section 8.430. Refunding bonds may bear a rate of interest not to exceed fifteen percent pursuant to the provisions of Section 8.430 and shall have such terms and shall be sold in the manner provided by Sections 8.420, RSMo Supp. 1982, and 8.430.

The 1982 repeal and reenactment of Section 57.430.1 authorizes county courts to increase the maximum allowable amount of sheriffs' and deputies' actual mileage expense reimbursement by two hundred dollars per calendar month. The additional two hundred dollars per month provision of this statute does not authorize payment in any amount above twenty cents per mile actually driven, nor does it authorize the payment of any compensation in addition to actual mileage reimbursement.

Opinion letter to The Honorable James L. Mathewson

A member of the Missouri State Employees' Retirement System who works continuously until he or she is eligible to retire pursuant to Chapter 104, RSMo Supp. 1982, is entitled to credit for unused sick leave even though the member chooses to defer the payment of retirement benefits.

Opinion letter to The Honorable David L. Rauch

Opinion letter to The Honorable Roger B. Wilson

Opinion letter to Mr. Robert Luerding

Opinion letter to Mary-Jean Hackwood

Opinion letter to Dr. Arthur L. Mallory

Taxes paid under protest as provided in Section 139.031, RSMo 1978, are not considered collected for the purpose of calculating the collector's commissions as provided in Sections 52.250, 52.260, 52.270, RSMo 1978, until such taxes are disbursed to the proper governmental entities. Statutes in effect at the time the protested taxes were paid and impounded in a separate account apply in determining the collector's compensation.

In determining the compensation of an ex officio collector of a third class township county the total amount levied for any one year calculated under Section 54.320, RSMo Supp. 1982, does not include delinquent taxes.

Personnel records of the Missouri Department of Revenue come within the definition of "public records" as defined in the Sunshine Law, but such records may be exempted from public disclosure or closed as required by law.

Opinion letter to Dr. Arthur L. Mallory

Article X, Section 22(a), Missouri Constitution, requires voter assent to a specific proposed fire protection district levy prior to the imposition of such a levy by a newly-formed fire protection district.

Opinion letter to Fred A. Lafser

Article X, Section 22, Missouri Constitution, does not apply to private utility companies.

Appropriated funds from the School for the Blind Trust Fund, the School for the Deaf Trust Fund, and the Handicapped Children's Trust Fund, if not earmarked by the donor for a special purpose, may be used to provide operating money for the school to which the funds were donated if the request for funds from general revenue has resulted in an appropriation from general revenue which is less than requested.

Opinion letter to The Honorable Joe Moseley