1985 MISSOURI ATTORNEY GENERAL'S OPINIONS

Select year to view:  1980  |  1981  |  1982  |  1983  |  1984  |  1986  |  1987  |  1988  |  1989  

 
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 1 Opinion letter to Mary-Jean Hackwood
5-85 Sept 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 Sept 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.
The Board of Probation and Parole has the power to parole individuals committed to an institution under Sections 195.200.1(3) and 195.200.1(5), RSMo Supp. 1984, in that the prohibition against granting parole, probation, suspended sentences, or other forms of judicial clemency contained in Section 195.200.8, RSMo Supp. 1984, apply only to the Judiciary.
9-85 Feb 1 Opinion letter to The Honorable Robert T. Johnson
11-85 Jan 21 Opinion letter to The Honorable Carl M. Koupal, Jr.
12-85     Withdrawn
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
16-85     Withdrawn
17-85 Feb 22 CITIES OF THIRD CLASS.
CITIES, TOWNS, AND VILLAGES. 
(1) Third class cities under the mayor-council form of government pursuant to Chapter 77, RSMo 1978 and RSMo Supp. 1984, may provide fire protection services outside the city limits, so long as the safety, health, welfare, property, or commerce of the inhabitants of the city are benefited thereby; and (2) such cities may enter into mutual aid agreements with "voluntary" fire service organizations, so long as the safety, health, welfare, property, or commerce of the inhabitants of the city are benefited thereby. 
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 July 11 Opinion letter to The Honorable Anthony D. Ribaudo
31-85 Mar 15 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 The Honorable 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
66-85 July 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 Apr 25 Opinion letter to The Honorable Dennis Smith
80-85 Nov 5 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 June 24 Opinion letter to Larry R. Gale
88-85 July 11 Opinion letter to The Honorable David L. Rauch
93-85     Withdrawn
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 Sept 6 Opinion letter to The Honorable Doug Harpool
108-85 Aug 22 Opinion letter to The Honorable Galen Browning
112-85 July 22 Opinion letter to The Honorable Margaret Kelly, CPA
113-85 July 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 Sept 30 Opinion letter to Carl M. Koupal, Jr.
128-85 Dec 3 Opinion letter to Carl M. Koupal, Jr.
129-85 Sept 4 Opinion letter to Joseph J. O'Hara
132-85 Sept 3 Opinion letter to The Honorable Jean H. Mathews
136-85 Oct 24 Opinion letter to Frederick Brunner
140-85 Nov 15   Opinion letter to The Honorable John D. Wiggins
141-85 Dec 27 DEPARTMENT OF PUBLIC SAFETY.
WATER PATROL.
Members of the Missouri State Water Patrol may randomly stop vessels on the waters of the State of Missouri for the purpose of checking registration papers and safety equipment without probable cause, except (1) prior to April 1, 1986, water patrolmen may not board vessels for inspection purposes during night-time hours, and (2) on or after April 1, 1986, water patrolmen may not board vessels for inspection purposes without probable cause to believe a provision of Chapter 306, RSMo, is being violated.
142-85     Withdrawn
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 The Honorable Roy Blunt