1984 MISSOURI ATTORNEY GENERAL'S OPINIONS

Select year to view:  1980  |  1981  |  1982  |  1983  |  1985  |  1986  |  1987  |  1988  |  1989  

 
Opinion Date Topic Summary
2-84 Jan 19 Opinion letter to The Honorable John A. Birch
4-84 Mar 28 BLIND, COMMISSION, PENSIONS, SCHOOLS.
DEPARTMENT OF SOCIAL SERVICES.
OPTOMETRY.
A licensed optometrist may, in the course of examining the human eye, detect the existence of a pathological condition, defect, malfunction or malformation of the human eye. The Department of Social Services must accept the results of an optometric examination to determine a person's eligibility for benefits paid from state funds if the optometrist is authorized by law to perform the examination upon which eligibility is based.
5-84 Mar 6 Opinion letter to Mr. Larry Ferrell
6-84 Apr 23 Opinion letter to The Honorable James F. Antonio, CPA
8-84 Apr 12 Opinion letter to The Honorable John A. Birch
10-84 Apr 27 STATE EMPLOYEES' RETIREMENT SYSTEM. Members of the Missouri State Employees' Retirement System who are retired and receiving benefits may be employed by a department, other than the General Assembly, on a part-time basis, i.e., less than fifteen hundred hours per year, and continue to receive retirement benefits.
11-84 Apr 12 Opinion letter to The Honorable John D. Wiggins
12-84 May 21 Opinion letter to Dr. Arthur L. Mallory
13-84 July 20 EDUCATION.
EDUCATION OF HANDICAPPED ACT.
EDUCATIONAL PROGRAMS.
MENTAL HEALTH.
MENTALLY DISTURBED CHILDREN.
MENTALLY HANDICAPPED PUPILS.
MENTAL ILLNESS.
MENTAL RETARDATION.
SCHOOL DISTRICTS.
SCHOOL CONTRACTS.
SCHOOLS FOR SEVERELY HANDICAPPED CHILDREN.
Missouri law requires the Department of Mental Health to provide special educational services to school-aged, inpatient children who reside outside the school district of their domicile and whose condition renders them unable to leave the Department of Mental Health facility to which they are assigned. The Department of Elementary and Secondary Education has the authority to monitor the provision of educational services by the Department of Mental Health, for compliance with the Education of the Handicapped Act. The Department of Mental Health is required to provide a “due process" hearing either prior to or following the discharge of a school-age child when the Department of Mental Health acts as the educational provider. If the Department of Mental Health is not acting as the educational provider, the local school district or the Department of Elementary and Secondary Education, must provide such due process hearing. The Department of Mental Health need not continue treatment or care of school-age children discharged by the Department of Mental Health pending an “educational discharge" hearing. Section 162.970.4, RSMo, requires the Department of Mental Health to pay the serving district the amount by which the per pupil cost of special educational services exceeds the amount received from the domiciliary district and other state monies for severely handicapped school-age children in facilities or programs of the Department of Mental Health when the child is educated by the local district under Section 162.970.1, supra.
14-84 May 14 DEPARTMENT OF SOCIAL SERVICES.
MEDICAL TECHNICIANS.
NURSES.
No violation of the Nursing Practice Act occurs when a certified medication technician, who does not hold himself out as a nurse licensed to practice in Missouri, provides care in an Adult Day Health Care Program that is also an Associated Adult Day Health Care Program, so long as the care associated with a licensed long-term care facility is restricted to the administration of medication, excluding injectables other than insulin.
16-84  June 27   Opinion letter to The Honorable David Doctorian 
19-84 July 3 Opinion letter to The Honorable James F. Antonio, CPA
20-84 Apr 12 Opinion letter to The Honorable Danny Staples
21-84 June 27 Opinion letter to The Honorable James R. Strong
22-84 May 4 AGENT.
DEPUTIES.
DEPUTY SHERIFFS.
EXTRADITIONS.
GOVERNOR.
SHERIFFS.
Section 548.243, RSMo Supp. 1983, does not authorize the state to reimburse a sheriff for expenses incurred by an extradition agency in returning a fugitive to Missouri who has waived extradition; and, if the Governor appoints an extradition agency as an agent to receive a fugitive under Section 548.221, RSMo 1978, then such agency could be compensated by the state pursuant to Section 548.241, RSMo Supp. 1983, upon the approval of the Governor.
24-84 Jan 12 Opinion letter to The Honorable Estil Fretwell
28-84 Apr 12 Opinion letter to The Honorable M. Roger Carlin
30-84     Withdrawn
32-84 Mar 9 DIVORCE.
DOMESTIC VIOLENCE.
FEES.
MARRIAGE DISSOLUTION FEES.
MARRIAGE LIGENSE FEES.
SHELTERS FOR VICTIMS OF DOMESTIC VIOLENCE.
A Missouri, not-for-profit corporation operating as a shelter for victims of domestic violence and receiving funds under Sections 455.200 to 455.230, RSMo Supp. 1983, may use such funds to establish a network of safe homes in private residences. Such funds may be used to provide medical and personal items if such are incident to the residential services and facilities provided by the shelter.
33-84 Aug 15 DRIVERS LICENSE.
DRIVERS LICENSE REVOCATION.
DRUNKEN DRIVING.
With respect to the chemical testing procedure of Sections 577.020, et seq., RSMo Supp. 1983, for the purpose of determining whether a person was driving a motor vehicle in an intoxicated or drugged condition, that: (1) The legislature has given motorists the right to refuse to take a chemical test, including a blood test, upon arrest for driving while intoxicated, (2) This right to refuse to exercise at any time prior to submitting to the test, (3) Once the individual has clearly and unequivocally indicated his refusal, no test should be conducted, even if the individual initially indicated a willingness to take the test, (4) In the absence of such a refusal so long as a hospital or its employee is taking a blood sample pursuant to the request of a law enforcement officer who has arrested the defendant, the hospital and its employees are immune from liability except for acts which are wanton, willful or grossly negligent, and (5) Sections 577.020 to 577.041, RSMo Supp. 1983, do not diminish or alter the authority of law enforcement officials to require chemical tests of the blood of a person under arrest as outlined in Schmerber v. California, 384 U.S. 757 (1968).
34-84 Mar 21 Opinion letter to The Honorable David L. Steelman
37-84 Feb 16 Opinion letter to The Honorable E. J. Cantrell
38-84 Aug 1 Opinion letter to Paula V. Smith
39-84 Feb 16 Opinion letter to The Honorable Harriett Woods
43-84 June 20 CITY JUDGE.
CITIES, TOWNS, AND VILLAGES.
SOCIAL SECURITY.
For the purposes of Sections 105.300, et seq., RSMo Supp. 1983, providing for social security tax reporting a municipal judge selected pursuant to Section 479.020, RSMo 1978, is an employee of the municipality. Further, it would not be possible for a municipality to provide for municipal judge services on a contractual basis in a manner as to exempt the municipality from treating such person as an employee for social security reporting purposes.
44-84 Apr 16 ELECTION EXPENSES.
ELECTIONS.
WATER SUPPLY DISTRICTS.
Public water supply districts organized under Sections 247.010 to 247.220, RSMo 1978, and Supp. 1983, are “special districts", under the definition of that term in Section 115.013(24), RSMo Supp. 1983, and must share election costs pursuant to Section 115.065, RSMo Supp. 1983, and the words “all costs" in Section 115.065.1 and 2, RSMo Supp. 1983, should be read as “all proportional costs" as defined in Section 115.065.4, RSMo Supp. 1983. Election authorities may not allocate the fixed costs of the election authority among special districts or political subdivisions which present questions or candidates in any election, pursuant to section 115.065, RSMo Supp. 1983.
48-84  July 26  ASSESSMENT BOOKS.
ASSESSORS.
INCORPORATION BY REFERENCE.
LAND DESCRIPTIONS.
STATE TAX COMMISSION. 
A parcel or locator number may incorporate by reference an accurate land description in the county recorder of deeds' office, and such constitutes an accurate description of the land for purposes of Section 137.225.2, RSMo 1978. 
49-84 Apr 9 LANDLORD AND TENANT.
SECURITY DEPOSIT.
The provisions of House Bill 175 (82nd General Assembly, First Regular Session), Section 535.300, RSMo Supp. 1983, are not applicable to non-dwelling unit rental property.
50-84 Apr 30 Opinion letter to Ed Daniel
51-84 Feb 8 Opinion letter to The Honorable Nelson B. Tinnin
52-84 Feb 6 JUDGES.
ELECTIONS.
SECRETARY OF STATE.
CANDIDATES.
The Secretary of State may accept declarations of candidacy received by mail from circuit judges seeking retention pursuant to Article V, Section 25(c)(1), Missouri Constitution.
53-84 Aug 13 Opinion letter to The Honorable Roger B. Wilson
54-84 Apr 12 Opinion letter to The Honorable James R. Strong
56-84 Mar 22 Opinion letter to Mr. David A. Baird
60-84 May 1 ADMINISTRATIVE AGENCIES.
CITIES, TOWNS AND VILLAGES.
CONSTITUTIONAL CHARTER CITIES.
PUBLIC RECORDS.
SUNSHINE LAW.
The Personnel Board of the City of Springfield is part of an administrative agency and, pursuant to Section 610.120, RSMo Supp. 1983, may have access to arrest records closed under Section 610.105, RSMo Supp. 1983.
61-84 June 7 BANKS AND BANKING.
ESCHEATS.
UNIFORM DISPOSITION OF UNCLAIMED PROPERTY ACT.
The State of Missouri has a demonstrable legal interest in the contents of safe-deposit boxes recovered from closed national banks that were located in Missouri prior to closing.
62-84 Oct 29 STATE EMPLOYEES' RETIREMENT SYSTEM. A person who served in the General Assembly for two (2) biennial assemblies and who was a regular state employee for seven (7) years before terminating on or after July 1, 1981, is not a fully vested member of the Missouri State Employees' Retirement System under Section 104.335.2(2) of S.C.S.H.C.S.H.B. 1370, Eighty-Second General Assembly, Second Regular Session.
63-84 May 16 Opinion letter to Mary-Jean Hackwood
66-84 Mar 22    Opinion letter to Dr. Arthur L. Mallory 
68-84 June 11 Opinion letter to The Honorable Thomas I. Osborne
71-84 Apr 30 Opinion letter to The Honorable Ron Auer
79-84 Aug 27 COORDINATING BOARD FOR HIGHER EDUCATION.
GRANT OF PUBLIC MONIES.
MISSOURI STUDENT GRANT PROGRAM.
STATE SCHOLARSHIPS.
STUDENT FINANCIAL ASSISTANCE PROGRAM.
The award of a Missouri student grant to a recipient who intends to undertake a career in religious work does not violate Article I, Section 7, of the Missouri Constitution.
82-84 July 18 STATE EMPLOYEES' RETIREMENT SYSTEM. Members of the Missouri State Employees' Retirement System who terminate state employment on or after April 1, 1984, but before October 1, 1984, are not entitled to the benefit of the graded vesting schedule found at Section 104.335.3 S.C.S.H.C.S.H.B. of 1370, 82nd Gen. Ass., 2d Reg. Sess.
87-84 Oct 18 JUDGES.
JUDICIAL RETIREMENT.
RETIREMENT.
STATE EMPLOYEES' RETIREMENT SYSTEM.
The retirement compensation provided by Section 476.530, RSMo 1978, is fifty percent (50%) of the compensation provided by law at the time the judge in question leaves office.
88-84 July 26 STATE EMPLOYEES' RETIREMENT SYSTEM. Section 476.515.2 of S.C.S.H.C.S.H.B. 1370, Eighty-Second General Assembly, Second Regular Session, which provides for benefits for surviving spouses of judges who have remarried and who were not eligible for such benefits prior to the amendment of Section 476.515, is unconstitutional and cannot be given effect. Furthermore, Section 476.515 may not be applied to a surviving spouse of a judge who remarried after October 1, 1984, if the deceased judge ceased to hold office prior to that date.
89-84 Aug 1 AGRICULTURAL LAND.
ALIENS.
A Missouri citizen may use a loan acquired from a non resident alien to buy Missouri farm land when the loan is secured by a deed of trust. In the event of foreclosure, however, the trustee may not convey title to the alien lendor, his agent, trustee, or other fiduciary.
91-84 Aug 23 Opinion letter to Mr. Homer E. Sayad
92-84 July 13 DEPARTMENT OF PUBLIC SAFETY. Water patrolmen have the authority to set up sobriety check points for investigatory stops to determine if boat operators are intoxicated during both daylight and night-time hours, provided that patrolmen do not board any boat for that purpose during nighttime hours. Water patrolmen also have the authority to ask boat operators for certificates of registration and to make arrests for equipment violations determined through observation at sobriety checks conducted during night-time hours.
96-84 June 11 CONSTITUTIONAL AMENDMENT.
ELECTIONS.
LEGAL NOTICES.
Legal notices of elections on proposed constitutional amendments should be published for four (4) consecutive weeks in counties having but one newspaper, as is specified in Article XII, Section 2(b), Missouri Constitution.
99-84 July 3 Opinion letter to The Honorable Patrick Hickey
103-84 Aug 13 Opinion letter to The Honorable Carole Roper Park
107-84 Aug 2 Opinion letter to John A. Pelzer
108-84 Aug 16 ELECTIONS.
INITIATIVE PETITION.
PETITIONS.
VOTERS.
Persons who sign an initiative petition showing an address different than that at which they were formerly registered are not “legal voters" for purposes of Article III, Section 50, Missouri Constitution (1945), nor are they “registered voters" for purposes Section 116.060, RSMo Supp. 1983.
111-84 Aug 27 Opinion letter to The Honorable Harry Hill
114-84 Oct 18 Opinion letter to Mary-Jean Hackwood
115-84 Aug 29 Opinion letter to The Honorable James C. Kirkpatrick
118-84 Sept 10 Opinion letter to The Honorable James C. Kirkpatrick
119-84 Oct 18    Opinion letter to The Honorable James W. Murphy 
121-84 Oct 17 INDUSTRIAL DEVELOPMENT CORPORATIONS ACT.
POWERS.
REFINANCING.
An industrial development corporation organized under the Industrial Development Corporations Act, Chapter 349 of the Revised Statutes of Missouri, 1978, as amended, has the power and authority to issue revenue bonds and to loan the proceeds therefrom to a corporation for the purpose of refinancing and extinguishing outstanding indebtedness previously incurred by such corporation in connection with the purchase, construction, extension or improvement of a “project" as defined in the Industrial Development Corporations Act.
122-84  Sept 18    Opinion letter to The Honorable James C. Kirkpatrick 
123-84 April 2, 1985 (Amended.) DEPARTMENT OF NATURAL RESOURCES.
ENVIRONMENTAL CONTROL.
OIL & GAS COUNCIL.
WATER POLLUTION.
WELLS.
The laws of the State of Missouri provide adequate authority to the Department of Natural Resources to carry out a program for the control of underground injection wells as described in the Program Description submitted to the EPA and as required by 40 CFR Part 145.
126-84 Nov 14 HEALTH AND EDUCATIONAL FACILITIES AUTHORITY.
SOCIAL SECURITY.
STATE DEPARTMENTS.
The Health and Educational Facilities Authority organized under Chapter 360, RSMo 1978 & Supp. 1983, is an instrumentality of the state for purposes of 42 U.S.C.S. Section 418 (L.Ed. 1978 & Supp. 1984) and Sections 105.300 to 105.440, RSMo 1978 & Supp. 1983.
127-84 Oct 15 Opinion letter to Dr. Shaila Aery