1985 Missouri Attorney General's Opinions
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1985 Missouri Attorney General's Opinions
| OPINION | DATE | TOPIC | SUMMARY |
|---|---|---|---|
| 1-85 | Mar 21 | Opinion letter to The Honorable Roger Wilson | |
| 2-85 | Feb 1 | Opinion letter to Mary-Jean Hackwood | |
| 3-85 | Feb 22 | Opinion letter to Mary-Jean Hackwood | |
| 5-85 | Sep 5 | SCHOOL FUNDS. STATE FUNDS. STATE TREASURER. TAXATION - SALES. TAXATION - SCHOOLS. |
Sections 144.700 and 144.701, RSMo Supp. 1984, require all revenue derived from tax money deposited in the School District Trust Fund, Section 144.701, RSMo Supp. 1984, including interest derived from such fund, to be credited to the School District Trust Fund and distributed in the manner provided by Section 163.087, RSMo Supp. 1984. |
| 6-85 | Jan 24 | Opinion letter to The Honorable John L. Goldman | |
| 7-85 | Sep 6 | Opinion letter to Paul R. Ahr, Ph.D., M.P.A. | |
| 8-85 | Feb 1 | DEPARTMENT OF CORRECTIONS. JUDICIAL PAROLES. PAROLE. PROBATION. SUSPENDED SENTENCES. |
An optometrist certified pursuant to Section 336.220, RSMo Supp. 1984, to administer topically applied diagnostic pharmaceutical agents may also prescribe such diagnostic pharmaceutical agents, except controlled substances. Pharmacists licensed under Chapter 338, RSMo, may dispense drugs according to such prescriptions. |
| 9-85 | Jun 27 | Opinion letter to The Honorable Robert T. Johnson | |
| 11-85 | Jan 21 | Opinion letter to Carl M. Koupal, Jr. | |
| 12-85 | Feb 22 | SCHOOLS. TAXATION - PROPERTY. TAX RATE ROLLBACK. |
Property tax levy increases approved by the appropriate majority, as specified in Section 137.073.6, as enacted by Senate Committee Substitute for Senate Bill No. 234, Eighty-Third General Assembly, First Regular Session, after January 1, 1985, are added to the tax rate ceiling after such has been reduced, as provided in Section 173.073.2 or .5, as enacted by Senate Committee Substitute for Senate Bill No. 234, Eighty-Third General Assembly, First Regular Session; property tax levy increases approved by the voters between the time the 1984 and 1985 tax rates are set are considered in calculating “tax revenue”, as defined in Section 173.073.1(5), as enacted by Senate Committee Substitute for Senate Bill No. 234, Eighty-Third General Assembly, First Regular Session, and the tax rate rollback provided for in Section 137.073.2, as enacted by Senate Committee Substitute for Senate Bill No. 234, Eighty-Third General Assembly, First Regular Session. This result may change, depending upon the ballot language approved by the voters. |
| 13-85 | Feb 14 | Opinion letter to The Honorable Weldon W. Perry, Jr. | |
| 14-85 | Feb 14 | Opinion letter to The Honorable Marvin E. Proffer | |
| 20-85 | Mar 11 | DEPARTMENT OF CORRECTIONS. | Subsection 3 of Section 217.425, RSMo Supp. 1984, does not grant circuit judges, sheriffs and prosecuting or circuit attorneys a right to veto inmate furloughs granted by the Director of the Division of Adult Institutions of the Missouri Department of Corrections and Human Resources or his designee. |
| 21-85 | Feb 22 | Opinion letter to The Honorable Gary E. Stevenson | |
| 22-85 | Feb 1 | Opinion letter to Eugene J. Feldhausen | |
| 23-85 | Feb 14 | Opinion letter to The Honorable Edwin Dirck | |
| 24-85 | May 28 | Opinion letter to John A. Pelzer | |
| 25-85 | Mar 11 | Opinion letter to The Honorable William J. Fleischaker | |
| 26-85 | Feb 14 | Opinion letter to The Honorable Roger Wilson | |
| 27-85 | Jul 11 | Opinion letter to The Honorable Anthony D. Ribaudo | |
| 31-85 | Feb 22 | Opinion letter to The Honorable J. R. Strong | |
| 33-85 | Feb 22 | Opinion letter to The Honorable Fred Dyer | |
| 34-85 | Apr 23 | CIRCUIT CLERK AND EX OFFICIO RECORDER OF DEEDS. CIRCUIT CLERK. CIRCUIT COURT - CIRCUIT COURTS. CIRCUIT COURT CLERK AND RECORDER OF DEEDS. LEGAL EXPENSE FUND. BONDS. |
(1) Elected circuit clerks other than the Circuit Clerk of the City of St. Louis are under the provisions of the State Legal Expense Fund; (2) the Circuit Clerk of the City of St. Louis, the Circuit Clerk of St. Louis County, and the Court Administrator of Jackson County are not under the provisions of the State Legal Expense Fund; (3) circuit clerks ex officio recorders of deeds are under the provisions of the State Legal Expense Fund except to the extent that they are performing duties as recorders of deeds; (4) deputy and division clerks are under the provisions of the State Legal Expense Fund to the extent that they are performing duties on behalf of the State and not recorder of deeds functions; (5) claims involving a circuit clerk's bond are not covered by the State Legal Expense Fund; (6) the ultimate question of whether coverage is provided any State officer or State employee depends on the facts of the particular case. |
| 35-85 | Mar 15 | Opinion letter to The Honorable Marvin E. Proffer | |
| 40-85 | Mar 11 | Opinion letter to Robert J. Seek | |
| 41-85 | Mar 21 | EMBRYO TRANSFERS. MISSOURI VETERINARY MEDICAL BOARD. VETERINARIAN. VETERINARY MEDICINE. |
Nonsurgical embryo transfers in animals involves acts which constitute the practice of veterinary medicine and requires knowledge of veterinary medicine and such acts may only be performed in Missouri by one who is licensed by the Missouri Veterinary Medical Board under Chapter 340, RSMo 1978 and Supp. 1984, unless such person is exempt from such licensing requirement by Section 340.020, RSMo 1978, or any other applicable exemption from Chapter 340, RSMo 1978 and Supp. 1984. |
| 44-85 | Mar 25 | Opinion letter to The Honorable Sue Shear | |
| 46-85 | Mar 25 | Opinion letter to The Honorable John E. Scott | |
| 47-85 | Mar 21 | Opinion letter to The Honorable Travis Morrison | |
| 50-85 | Apr 11 | Opinion letter to Carl M. Koupal, Jr. | |
| 51-85 | May 14 | Opinion letter to The Honorable Harry Wiggins | |
| 52-85 | May 14 | Opinion letter to Lee Roy Black, Ph.D. | |
| 53-85 | Apr 1 | Opinion letter to The Honorable James ‘Jay’ Russell and The Honorable Lester Patterson | |
| 54-85 | Mar 21 | Opinion letter to The Honorable Doug Harpool | |
| 60-85 | May 28 | Opinion letter to Carl M. Koupal, Jr. | |
| 61-85 | Apr 1 | COUNTY COURT. COUNTY COMMISSION. CONSTITUTIONAL LAW. |
Under Section 49.010, RSMo Supp. 1984, effective January 1, 1985, the “County Court” became known as the “County Commission”, and the county “Judges” became known as “Commissioners” of the county. “The Office of the Clerk of the County Court” became known as “The Office of the Clerk of the County Commission”. |
| 62-85 | Apr 2 | Opinion letter to Keith Birkes, Esq. | |
| 63-85 | May 14 | Opinion letter to The Honorable Margaret Kelly, CPA | |
| 65-85 | May 14 | Opinion letter to Larry R. Gale | |
| 65a-85 | Dec 27 | Addendum to Opinion letter No. 65 to Larry R. Gale | |
| 66-85 | Jul 11 | TAXATION. MERCHANTS' AND MANUFACTURERS' REPLACEMENT TAX. |
The “preceding year” referred to in Section 139.600.1, RSMo Supp. 1984, is a calendar year. |
| 67-85 | Apr 23 | Opinion letter to The Honorable Irene Treppler and The Honorable Frank Bild | |
| 73-85 | May 14 | Opinion letter to Bill Smith | |
| 74-85 | May 28 | Opinion letter to Scott S. Sifferman | |
| 76-85 | May 14 | Opinion letter to The Honorable Wesley A. Miller | |
| 77-85 | Apr 22 | Opinion letter to Dr. Arthur L. Mallory | |
| 79-85 | May 28 | Opinion letter to The Honorable Dennis Smith | |
| 80-85 | July 11 | Opinion letter to Carl M. Koupal, Jr. | |
| 81-85 | Nov 14 | OPTOMETRISTS. PHARMACISTS. CONTROLLED SUBSTANCES. DRUGS. DEPARTMENT OF ECONOMIC DEVELOPMENT. |
An optometrist certified pursuant to Section 336.220, RSMo Supp. 1984, to administer topically applied diagnostic pharmaceutical agents may also prescribe such diagnostic pharmaceutical agents, except controlled substances. Pharmacists licensed under Chapter 338, RSMo, may dispense drugs according to such prescriptions. |
| 82-85 | July 11 | Opinion letter to The Honorable Margaret Kelly, CPA | |
| 84-85 | July 11 | Opinion letter to The Honorable Margaret Kelly, CPA | |
| 85-85 | July 11 | Opinion letter to Larry R. Gale | |
| 88-85 | July 11 | Opinion letter to The Honorable David L. Rauch | |
| 95-85 | June 27 | Opinion letter to The Honorable Tom McCarthy | |
| 98-85 | July 3 | AIR CONSERVATION COMMISSION. DEPARTMENT OF PUBLIC SAFETY. AIR POLLUTION. |
The gasoline inlet restrictor on motor vehicles is an air pollution control device. |
| 100-85 | Aug 22 | Opinion letter to The Honorable Doug Harpool | |
| 108-85 | Aug 22 | Opinion letter to The Honorable Galen Browning | |
| 112-85 | Jul 22 | Opinion letter to The Honorable Margaret Kelly, CPA | |
| 113-85 | Jul 22 | Opinion letter to The Honorable William J. Icenogle | |
| 114-85 | Aug 26 | Opinion letter to Dr. Arthur L. Mallory | |
| 122-85 | Oct 16 | SCHOOL AID. SCHOOLS. TAXATION - PROPERTY. TAX RATE ROLLBACK. |
After the general assessment tax rate reduction, school districts may not increase their tax levies above the "tax rate ceiling" without voter approval, as provided for in Section 137.073.7, as enacted by Senate Committee Substitute for Senate Bill No. 152, Eighty-Third General Assembly, First Regular Session. However, school districts will not be disqualified from receiving state aid under the Excellence in Education Act of 1985, Conference Committee Substitute No. 2 for Senate Committee Substitute for House Committee Substitute for House Bill No. 463, Eighty-Third General Assembly, First Regular Session, if they would have qualified for such aid but for the reduction required by Section 137.073 of Senate Committee Substitute for Senate Bill No. 152, Eighty-Third General Assembly, First Regular Session. |
| 124-85 | Dec 31 | CHILD ABUSE. FAMILY SERVICES, DIVISION OF. SOCIAL SERVICES, DEPARTMENT OF. YOUTH SERVICES, DIVISION OF. |
Concerning the screening of child care providers and employees under Senate Bill 401, 83rd General Assembly, First Regular Session, Sections 210.150 and 210.800 to 210.837, RSMo Supp. 1985 , hospitals and public schools do not come within the definition of “provider” and are not subject to the screening and disqualification requirements; a nationwide criminal review will be done on employees of providers; public elementary and secondary schools may request examinations of the central registry; exemptions may be granted to employees of the divisions of Youth Services and Family Services; and related questions. |
| 127-85 | Sep 30 | Opinion letter to Carl M. Koupal, Jr. | |
| 128-85 | Dec 3 | Opinion letter to Carl M. Koupal, Jr. | |
| 129-85 | Sep 4 | Opinion letter to Joseph J. O'Hara | |
| 132-85 | Sep 3 | Opinion letter to The Honorable Jean H. Mathews | |
| 136-85 | Sep 3 | Opinion letter to Frederick Brunner | |
| 144-85 | Nov 8 | Opinion letter to The Honorable Fred Williams | |
| 145-85 | Oct 23 | Opinion letter to John G. Meyer | |
| 149-85 | Dec 17 | Opinion letter to The Honorable Margaret Kelly, CPA | |
| 170-85 | Dec 27 | Opinion letter to Roy Blunt |