Missouri AG Opinions — 1981

Opinion letter to The Honorable Larry E. Mead

Opinion letter to The Honorable Paul L. Bradshaw

Opinion letter to Mr. W. David Blackwell

Division directors of the Department of Social Services may designate only one exempt assistant pursuant to § 36.030.1(1), RSMo Supp. 1980.

Opinion letter to The Honorable Fred B. Brummel

Opinion letter to The Honorable Steve Vossmeyer

Opinion letter to The Honorable Lester Patterson

Opinion letter to The Honorable Jerry E. McBride

Opinion letter to The Honorable Travis Morrison

Only such sums as are expended from the unemployment compensation fund for payment of administrative expenses pursuant to an appropriation by the legislature are properly includable in the definition of total state revenues found in Section 17, Article X of the Missouri Constitution.

Opinion letter to Mr. Fred A. Lafser

Opinion letter to The Honorable Harold L. Lowenstein

Opinion letter to The Honorable Al Nilges

Opinion letter to Dr. Arthur L. Mallory

Opinion letter to The Honorable Robert B. Langworthy

Opinion letter to Dr. James F. Antonio

Opinion letter to Mr. Fred A. Lafser

Opinion letter to The Honorable Gary D. Sharpe

Opinion letter to Senator Edwin L. Dirck

Opinion letter to The Honorable Estil Fretwell

Opinion letter to The Honorable Fred Lynn

The half percent increase in the employer's contribution to the unemployment compensation fund under § 288.123, RSMo Supp. 1980, is effective for the quarter following the ensuing quarter after any quarter in which the cash balance in the unemployment fund on any day is below 150 million dollars, but is not a cumulative increase.

Opinion letter to The Honorable George E. Murray

Opinion letter to Mr. Joseph Frappier

If a defendant is sentenced to serve concurrent sentences of unequal length under the present criminal code, he must have the shorter sentence run continuously with the longer sentence. The conditional release term on the shorter sentence should continue to run during the prison term on the longer sentence.

A defendant receiving concurrent sentences on offenses committed both before and after the enactment of the present criminal code, can be held in prison beyond his conditional release date on the code sentence until he is granted release on the 7/ 12ths date on the pre-code sentence. However, the conditional release term should continue to run simultaneously with any periods of incarceration on the longer concurrent pre-code sentence.

Opinion letter to The Honorable Edward D. Daniel

Depreciation is to be considered as an operating cost when calculating the average per capita cost of each type of care provided for residents of the Missouri Veteran's Home, pursuant to Section 42.110, RSMo 1978, and that depreciation also is to be included in determining the actual cost of care for such residents pursuant to the above statute.

Under the holding of State ex rel. Stewart v. King, 562 S.W. 2d 704 (Mo. App., K.C.D. 1978), an alderman of a fourth class city who abstains from voting, under § 79.130, RSMo, does not have his abstention counted as a vote.

It is within the power of the general assembly to pass substantive legislation aiding crime victims and to appropriate money therefor from general revenue. The general assembly also has the power to pass general legislation compensating crime victims from the proceeds of a pool of money originating from a surcharge on court costs and to require a defendant as part of his criminal punishment to compensate his victim.

Under the terms of § 137.073.3, RSMo Supp. 1980, if a library district is on a calendar year and the assessed valuation of real or real and personal property combined within the district has increased by ten percent or more over the prior year's valuation by action other than general reassessment, the tax rate set in 1980 must be lowered to the extent necessary to produce substantially the same amount of tax revenue as estimated in the library district's 1980 annual budget.

After a municipal election, the city council of a fourth class city must meet as soon as the results of the election can be declared, declare and certify such results, and allow the aldermen-elect to take office upon their taking the oath and qualifying. Such city has no authority to delay the aldermen-elect from taking office by ordinance provision delaying such date. A compensation increase passed with respect to such board of aldermen after the election and prior to the date the new aldermen take office to take effect when the new board of aldermen take office does not increase the compensation on that date of either the alderman-elect who was not previously an incumbent, the aldermen-elect who were incumbents, or the incumbents who were not up for election.

Opinion letter to The Honorable James F. Antonio

Opinion letter to Mr. J. H. Frappier

Premiums received by an insurer under a policy or contract issued in connection with qualified or except annuities under the Missouri deferred compensation program are excluded from the premium tax under the provisions of § 148.390, RSMo 1978.

Opinion letter to The Honorable Kaye Steinmetz

Counties where assistant prosecutors are employed under § 56.700, RSMo Supp. 1980, are responsible for the employer's share of social security taxes and for fringe benefits provided to other county employees.

Section 71.015, No. 1110, General Assembly, is not applicable to cities, towns, or villages located in first class charter counties. The provisions of § 71.860, RSMo, refer to repealed § 71.015, RSMo 1978, which still applies to cities, towns, or villages in first class charter counties.

Opinion letter to The Honorable John A. Birch

Opinion letter to The Honorable Emory Melton

Opinion letter to The Honorable William C. McIlroy