Missouri AG Opinions — 1980

A defendant sentenced to serve consecutive terms of imprisonment under the new criminal code must have his actual conditional release date computed by adding up the total of his prison terms on his respective consecutive sentences. He should be released on conditional release at the end of that total period of time. The length of his conditional release period is determined by adding the total of the conditional release terms on the respective consecutive sentences.

Opinion Letter to The Honorable Flavel J. Butts

Opinion Letter to The Honorable Harriett Woods

It is the opinion of this office with respect to the question concerning a loan of funds of the Missouri State Employees' Retirement System to the Chrysler Corporation to be secured by land in the state of Michigan that: 1. Section 379.080 RSMo authorizes a loan by the Retirement System secured by improved unencumbered real estate worth at least two times the amount of the loan; 2. Section 376.300 RSMo, Senate Bill 322, General Assembly authorizes a loan by the Retirement System not exceeding one percent of the system's assets and not more than 75% of the fair market value of the unencumbered real estate; 3. The prudent man rule is applicable to the Board of Trustees of the Retirement System acting under either of the above sections.

Opinion Letter to Dr. Arthur L. Mallory

Opinion Letter to The Honorable Edward E. Ottinger

Opinion Letter to The Honorable Leroy Blunt

Opinion Letter to Mr. David R. Freeman

Opinion Letter to The Honorable Richard M. Webster

Opinion Letter to The Honorable Alex J. Fazzino

Opinion Letter to The Honorable Dennis K. Hoffert

Opinion Letter to The Honorable Harry Hill

Opinion Letter to The Honorable John C. Andrews

Opinion Letter to The Honorable Philip R. Pruett

Opinion Letter to The Honorable LeRoy Braungardt

Opinion Letter to The Honorable Joe Moseley

Opinion Letter to The Honorable Tom R. Williams

Opinion Letter to The Honorable Richard J. Fredrick

Opinion Letter to Dr. Arthur L. Mallory

1) Tax levy proposals submitted to a county vote for the purpose of establishing or maintaining a community mental health service shall specify the exact amount of the proposed levy. 2) Tax levy proposals may be submitted to a county vote during either a primary or general election. 3) Notice by publication shall be given by the clerk of the governing body in the manner provided for in § 205.979, S.B. 652 General Assembly.

Opinion Letter to The Honorable Ed Bushmeyer

County court judges of second class counties are not authorized to charge the county mileage for travel from their home to the courthouse for meetings of the court.

Under the provisions of Senate Bill No. 247, General Assembly, county collectors are required to deduct from property tax collections for each taxing authority, except the State, each authority's share of the estimated costs incurred under reassessment plans approved by the State Tax Commission. The first deduction is to be made from taxes due December 31, 1979.

Opinion Letter to The Honorable C. E. Hamilton, Jr.

If a drug offender, otherwise qualifying for expungement of his conviction under § 195.290, RSMo 1978, receives any disposition of his offense other than judicial probation, he is not entitled to the expungement of his conviction under this statute.

Opinion Letter to Mr. Fred A. Lafser

Opinion Letter to The Honorable Harriett Woods

For the purposes of §§ 105.300, et seq., RSMo Supp. 1979, providing for social security tax reporting, the city attorney elected pursuant to § 77.370, RSMo 1978, is an employee of a third class city; the city counselor appointed under § 98.340, RSMo 1978, is an employee of a third class city; a special attorney appointed under § 98.340, RSMo 1978, is not an employee of a third class city. The city attorney of a fourth class city under § 79.230, RSMo 1978, is an employee of a fourth class city. Depending upon the legal relationship as defined by ordinance, under § 79.230, RSMo 1978, a special counsel may become an employee of a city as assistant city attorney for social security purposes. A town or village may have an attorney who would be an employee pursuant to § 105.300(2), RSMo Supp. 1979, or may employ a special counsel who would be an independent contractor but the nature of the relationship would depend upon the ordinance and agreement with that particular attorney.

The opinion of this office is as follows: 1. The provisions of subsection 3 of § 169.055 RSMo 1978, relating to the eligibility of a teacher to receive military service credit for military duty in the Armed Forces of the United States of America during an emergency involving national defense have been preempted to the extent that they are in conflict with § 2024 of Chapter 43 of Title 38 of the United States Code Annotated. 2. A teacher is eligible to receive military service credit as a member of the Public School Retirement System of Missouri upon meeting all other statutory requirements of § 169.055 RSMo 1978.

Opinion Letter to The Honorable James C. Kirkpatrick

Opinion Letter to The Honorable John Dennis

Opinion Letter to The Honorable Robert Jackson

Opinion Letter to The Honorable Al Nilges

Opinion Letter to The Honorable Betty C. Hearnes