Missouri AG Opinions — 1971

Opinion letter to Mr. Edwin M. Bode

Opinion letter to the Honorable George P. Dames

Opinion letter to the Honorable Wampler

Opinion letter to Mr. Richard M. Miller

Opinion letter to Colonel E. I. Hockaday

Under Section 549.071, RSMo 1969, the duration of an extension of the term of probation is not limited by the original probation period so long as the total term is within the period of five years for felony cases and two years for misdemeanor cases.

Opinion letter to the Honorable Richard Southern

Opinion letter to the Honorable Donald L. Manford

Opinion letter to the Honorable Earl L. Sponsler

In regard to determining the rates of commissions of county collectors of third class counties whose offices fall within subsection 14(a) of Section 52.260, RSMo 1969, insofar as county collectors are concerned: 1. The phrase "tax bills placed in his hands" as referred to in subsection 14(a) of Section 52.260, RSMo 1969, does not include back taxes for prior years. 2. A collector is entitled to a commission for collecting back taxes for prior years only in accordance with Section 52.290, RSMo 1969.

The county treasurer of a county which became a second class county January 1, 1967, said treasurer having been appointed by the Governor in 1971 to serve until a duly elected county treasurer can be installed on January 1, 1973, pursuant to Section 54.010, sub. 2, RSMo 1969, is filling out an unexpired term of office and, as such, is entitled to receive only the compensation provided by law for the treasurer of a second class county who was elected at the November 1968 election.

Opinion letter to the Honorable Peter H.

Opinion letter to Mr. Gene Sally, Director

Opinion letter to the Honorable Tony Heckemeyer

A farmers mutual insurance company is a private commercial enterprise and may not be permitted to occupy office space in the county courthouse for the conduct of its business.

Opinion letter to the Honorable Richard G. Steele

A municipality which issues and sells industrial development revenue bonds incurs no liability to pay for said revenue bonds other than the responsibility to apply the revenue received from the project for which the bonds were sold to retiring the bonds.

1. The facts stated in the emergency clause of House Bill No. 3 of the Fourth Extraordinary Session of the Seventy-fifth General Assembly, if true, would be an emergency within the meaning of that term under Article , Section 52(a) of the Constitution of Missouri which would exempt such bill from being subject to a referendum. 2. Whether the facts stated are true is a matter of fact which must be determined by evidence submitted in support thereof in a proper court procedure.

Opinion letter to the Honorable Vernon Bruckerhoff

The alternative procedure authorized in Section 72.085, RSMo 1969, for incorporating cities in any second class county or first class county having a charter form of government, may not be used in place of the procedure prescribed in Section 72.100, RSMo 1969, for the incorporation of unincorporated areas situated on the county line and in two counties.

As to the amounts returned by the State Director of Revenue, collected as intangible taxes, these amounts are to be set apart and credited to the specific levy, in pro rata amounts, which provides the political subdivision's taxable basis. It is not incumbent upon the county treasurer of DeKalb County to set apart and credit to the specific levy providing the taxable basis the pro rata amount to be returned to each political subdivision within DeKalb County.

Bills introduced at one session of the General Assembly may be considered at subsequent sessions of the same General Assembly provided the rules of the house concerned permit consideration of the bills and the bills concern subject matter which constitutionally can be considered at such sessions. However, bills introduced in one General Assembly do not carry over to a subsequent General Assembly.

1. In counties of the second class in which there is no judge assigned exclusively to juvenile matters, the courtroom designated for juvenile cases may be used by the court for other matters when the juvenile court is not in session. 2. The county court of a second class county may construct a single building containing completely separate units for housing the juvenile detention center and the county jail if the building is constructed and arranged so that a child being detained does not come in contact at any time or in any manner with adults being held in the county jail.

The action of the county court of Madison County donating five hundred dollars to a Joint Committee for Transportation for the purpose of opposing a proceeding before the Interstate Commerce Commission for abandonment of a railroad was illegal and void.

The office of trustee and ex officio treasurer of a township is incompatible with the office of township collector. Section 111.091, RSMo 1969, does not authorize the county court to establish an election district which consists of two entire townships.

Opinion letter to the Honorable Robert H. Martin

Section 143.140, RSMo 1969, does not authorize a deduction from gross income, in determining net income for income tax purposes, of amounts paid into a retirement plan trust by self-employed individuals.

County court may pay premiums on group insurance policy covering county officers and employees whose salaries are set by county court or other county officers or circuit judge.

Opinion letter to the Honorable Peter H.