105.385. Delinquent contributions, how collected--withheld from distributions of state funds--payment required by county officer out of available funds.
Delinquent contributions, how collected--withheld from distributionsof state funds--payment required by county officer out of availablefunds.
105.385. 1. Delinquent payments due under section 105.370,together with accrued interest and penalties, may, at the requestof the state agency, be deducted from any moneys payable to thesubdivision or instrumentality by any department or agency of thestate, or may be recovered in a court of competent jurisdictionagainst the political subdivision or instrumentality.
2. Whenever the state agency shall certify to any agency ofthe state authorized to apportion or allocate funds to politicalsubdivisions or instrumentalities that any political subdivisionor instrumentality is* delinquent in its payments as provided bysections 105.300 to 105.440, the amount so certified shall bewithheld from distribution. Upon notification by the stateadministrator of the withholding by the distributing agency, thestate treasurer, or appropriate official, if other than the statetreasurer, shall transfer the amount so certified or such partthereof as is available from apportionments or allocations duethe political subdivision or instrumentality to the state agency.In the event the state agency recovers any delinquent amountsfrom the political subdivision or instrumentality, the funds sorecovered shall be credited to the fund or funds from which thetransfer was made, and the distributing agency shall thenapportion or allocate to the political subdivision orinstrumentality the amount it was originally entitled to receiveby law.
3. Whenever any political subdivision or instrumentalitywhich is part of or located within a county shall becomedelinquent of any payments due under section 105.370 and/or105.380, the state agency may certify to the treasurer or to anyappropriate officer of the county and/or political subdivision orinstrumentality the amount of the delinquent payment plus accruedinterest and penalties. The official receiving suchcertification shall without regard to formal administrativeprocedure and usage of a particular fund, cause payments to bemade out of available funds to the state agency sufficient tocover the amount certified by the state agency. If any treasureror appropriate official to which the delinquent paymentcertification is so directed shall fail or neglect to perform theduties imposed upon him by this section he shall be liable uponhis bond for the failure or neglect.
(L. 1980 H.B. 1153)Effective 7-1-80
*Word "if" appears in original rolls.