Missouri § 52.150 - Appointee to fill vacancy — powers and duties — audit of collector's office required, procedure.

§ 52.150. Appointee to fill vacancy — powers and duties — audit of collector's office required, procedure.

1.  The person appointed to fill a vacancy in the office of collector shall execute a bond and collect and pay over the taxes in the manner required of the collector subject to the provisions of subsections 2, 3, 4 and 6 of this section, and his acts shall be as binding and effectual as acts of the regularly elected collector.  He may obtain judgment and sell delinquent lands and lots in the manner in which the collector is authorized to act.

2.  The person appointed to fill a vacancy in the office of collector shall within five days after assuming the duties of the office notify the state auditor of the need for an audit of the office.  The state auditor shall within twenty days of receipt of the notice commence an audit of the collector's office.

3.  The state auditor shall:

(1)  Determine the financial condition of the accounts of the office of the collector;

(2)  Determine the proper compensation that should have been paid to the replaced collector in the past three years and the compensation actually paid during such period; and

(3)  File a report of his finding with the county governing body and the person appointed to fill the vacancy in the office of the collector.

4.  The county governing body shall notwithstanding any other provision of law to the contrary:

(1)  Accept the report of the state auditor; and

(2)  If necessary order the newly appointed collector to withhold and pay any funds owing to the county and the past collector or his estate from current tax revenue; or

(3)  Direct the prosecuting attorney to file suit against the past collector or his estate or against his bond to recover any overpayment.

5.  The prosecuting attorney shall represent the county, the county governing body and the newly appointed collector without additional compensation in any civil action arising as a result of this section.

6.  Any moneys recovered pursuant to this section due the county or any political subdivision within the county shall be paid in the year of recovery as if the funds were collected in the current year.

7.  The county governing body shall pay to the state auditor from county general revenue the costs of the audit conducted pursuant to subsections 2 and 3 of this section.

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(RSMo 1939 § 11066, A.L. 1959 S.B. 62, A.L. 1982 S.B. 800)

Prior revisions: 1929 § 9895; 1919 § 12887; 1909 § 11444

---- end of effective  28 Aug 1982 ----

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