Organization and Methods of Operation (Rescinded August 30, 2019)

AUTHORITY: sections 306.161, RSMo 1994 and 536.023(3), RSMo Supp. 1999. Original rule filed Dec. 30, 1975, effective Jan. 9, 1976. Amended: Filed Dec. 16, 1999, effective July 30, 2000. Rescinded: Filed Feb. 7, 2019, effective Aug. 30, 2019. Op. Atty. Gen. No. 124, Wilson, 8-31-79. Water patrolmen may not randomly and arbitrarily stop a watercraft without “reasonable suspicion” in order to inspect that watercraft for compliance with the provisions of Chapter 306, RSMo. Superceded by opinion 141-85 issued Dec. 27, 1985 because of United States Supreme Court decision addressing vehicle stops for D.W.I. checks and revision of 306.165, RSMo (1978). Also opinion 92-84 referencing boating while intoxicated check points issued July 13, 1984. Op. Atty. Gen. No. 221, Bond, 6-18-74. Under the provisions of Senate Bill No. 1, 77th General Assembly, First Extraordinary Session, where a division (here, Division of Water Safety) is created by statute and an existing agency is transferred to it by “Type I” transfer, the department head has the power that s/he would if the agency were transferred by “Type I” transfer to the department except s/he may not abolish the division and s/he may assign the function of the previously existing agency to another division in the department. Op. Atty. Gen. No. 385, Buford, 10-19-71. The Missouri Boat Commission has no authority or enforcement powers on or with respect to Thomas Hill Reservoir. Statute updated by HB 1374 of 76th General Assembly. Definition of waters of this state changed to include Thomas Hill Reservoir.