Missouri AG Opinions — 1958

The Division of Health is authorized to make a regulation with respect to the length of vents for gas heaters in the tourist cabin.

Special election for annexation to City of Independence may be conducted on same day as Jackson County charter election.

Members of the Missouri Commission on Human Rights may be reimbursed for travel expenses incurred in the necessary conduct of the commission’s business.

On and after July 3, 1958, at which time Senate Bill 14, enacted by the 69 General Assembly in special session, became effective, judges of the circuit court should be reimbursed out of the state treasury for all reasonable and necessary travel expense actually incurred by them in such travel.

Moneys and funds for which balances are subject to transfer to General Revenue shall be transferred and placed to the credit of the ordinary revenue fund of the State by the State Treasurer at the end of the biennium after all warrants on same have been discharged and the appropriation thereof has lapsed.

A special charter city of less than 20,000 inhabitants should extend its boundaries under the provisions of Section 81.080, , Cum. . 1957, and of Section 71.015, , Cum. . 1957, when unincorporated areas are to be annexed.

When decedent paid annual fixed premium for life; under terms of annuity contract, was not to receive any return of premiums or income thereon during her life; had right to change beneficiaries but did not, and on her death premiums paid company or cash value, whichever was greater, to be paid named beneficiaries, and beneficiaries to come into possession and enjoyment of fund at or after decedent’s death. Said transfer is taxable under provisions of par. 3, Sec. 145.020, Cum. . 1957.

The assessment blanks for use in Jackson County, Missouri, must contain a classification of all tangible personal property as specified in Section 137.120, 1949, including such items as farm machinery, livestock and other domesticated animals and that the State Tax Commission has no authority to delete said items from the assessment blank.

A person may file for both a county office and for county committeeman on the same ticket at the same time.

Funds expended by any public institution owned, managed or controlled by the state are subject to Sections 216.475 through 216.520, Cum. . 1957, whether appropriated or local.

The State Tax Commission has the power of original assessment only over public utilities; whether an incorporated mutual telephone company is a public utility, in whole or in part, is a question of fact to be determined by reference to the actual operation of the company.

Before there can be a valid election to increase the school district tax levy there must be sufficient notice of such election and purposes. For purpose of increasing school term from 8 to 9 months, there need not be notice of such election.

Trucks driven on the highways from job to job, or to garages for repair must be registered.

A lease consummated by city officials who have a pecuniary interest in it comes within the purview of Section 106.300, Resume 1949.

An information charging the commission of a misdemeanor may be filed upon the prosecuting attorney’s knowledge, information and belief alone without being accompanied by complaint or other similar document.

The exchange equipment of telephone companies and the pumping equipment of pipeline companies, together with the buildings housing the same and the land upon which the same are located, should be assessed by the State Tax Commission.

Change of boundary lines may be voted on only at annual school election; no limit as to number of times such petitions may be presented and voted upon.

Jackson County circuit court, en banc, is without authority to order transfer of circuit judge from either of two divisions of said circuit court required to sit at Independence, to try causes pending in the several divisions of said circuit court sitting in Kansas City. Said circuit court, en banc, may designate divisional judges sitting at Independence as presiding or assignment judge of circuit court of Jackson County.

Where the General Assembly makes appropriations in all of the preceding categories, an appropriation in a particular category set forth in Section 36, Article , Constitution of Missouri, is not unconstitutional because such appropriation is contained in a bill which is finally passed in advance of the final passage of the bill or bills containing the appropriations in the preceding categories.

J. E. Taylor, Director, authorized to requisition funds from federal Unemployment Trust Fund.

Authority of agent to require aid, or deputize, in execution of process.

Construction of Sec. 111.255, , Cum. . 1957, providing for one polling place and one set of election officials where two elections are being held in the political subdivision on the same day.

(1) City of less than five thousand, with free public library established and maintained by mill tax levied under authority of Sec. 182.160, 1949, prior to effective date of Sec. 182.140, Cum. . 1955, on August 29, 1955, may continue operation of library after repeal of section, but could not levy a tax until enactment of House Bill 253, General Assembly. (2) City of less than five thousand, which established and maintained free public library under provisions of Sec. 182.160, 1949, prior to effective date of Sec. 182.140, Cum. . 1955, on August 29, 1955, may, under provisions of House Bill 253, General Assembly, levy a library tax at the rate and in the manner authorized by Sec. 182.140, Cum. . 1955. (3) Residents of city of less than five thousand, whose public library was established under authority of Sec. 182.160, 1949, prior to the effective date of Sec. 182.140, Cum. . 1955, on August 29, 1955, and still in operation, are ineligible to sign a petition for a proposed county library under provisions of Sec. 182.010, Cum. . 1957.

Individual merchant is not practicing law when representing himself in a court of record. Collection agency is practicing law when attempting to collect an account of a merchant in the magistrate court on a contingent basis.

The so-called prevailing wage law, as contained in Sections 290.210 to 290.310, Cum. . 1957, applies to and includes incorporated municipalities and school districts.

Section 211.321, 1949 Cum. . 1957 is constitutional.

Validity of Proposed Regulations.

(1) Copies of reports on recovered vehicles may be furnished to the National Automobile Theft Bureau or other agencies concerned with ownership of the vehicle or with prosecution of offenses so long as the name of the child is omitted from such reports; (2) copies of accident reports may be furnished to insurance companies and attorneys who are interested in civil actions so long as there is an omission from such reports of the charge of an offense; (3) likewise, and under the same conditions, copies of accident reports may be furnished to the Missouri State Highway Department; (4) information concerning juveniles may be furnished to other law enforcement agencies and the proper authorities may be notified when juveniles are taken into custody for violation of laws in other states or federal jurisdictions so long as such information is furnished with an understanding that it is not to be public information.

A contractor who makes permanent installations of personal property into real estate is not required to collect 2% sales tax for the materials used in the installation. Further, where a contractor purchases tangible personal property from a subcontractor or a material man 2% sales tax must be paid.

In circuits consisting of third and fourth class counties, juvenile officers must be appointed for entire circuit or two or more circuits, rather than for individual counties.

(1) The cumulative sentence provision of Section 222.020, 1949, is not applicable to a sentence followed by a commitment thereupon to the penitentiary, where such sentence was imposed upon a conviction for an offense committed by a parolee from the Intermediate Reformatory prior to the completion of said parole; (2) an amendment to Section 222.020 is necessary since under Section 5, House Bill No. 208, General Assembly, there are no longer any sentences to the penitentiary.

Articles of Incorporation of Abraham Lincoln Life Insurance Company.

Public Service Commission of Missouri does not have jurisdiction over county public water supply districts incorporated under Sections 247.010 to 247.220, 1949, as amended; and property owner in such water supply district seeking to enforce extension of services to his property, must seek his remedy through the circuit court.

A person who is not a member of a town school board may serve as secretary to that board and receive the maximum compensation allowed by law and also serve as secretary to the superintendent of schools of such district.

Construction of Section 137.131(3) Mo. Cum. . 1957.

In the event that a sale and conveyance of land for taxes is invalid because the taxes on said land had, in fact, been paid, the county is not liable for payments to the purchaser of such invalid sale except as provided in Section 140.530, 1949. The county in which the land is located does not warrant and defend title in a suit brought by the owner of the property sold at tax sale.

County court in county of third class may not invest funds in United States Government securities except surplus in sinking and interest fund and county and township school funds.

Body required to be buried at public expense is under control and custody of Missouri State Anatomical Board.

The State is not legally obligated by the terms of a contract for the construction of a public works project to pay to the contractor sums in excess of the amounts appropriated for said project.

Notice to stockholders, as required by Sec. 363.840 1949, whereby a merger of banking institutions is to be effected, is to be followed in lieu of notice required by Section 363.500 1949.

A registered apprentice may get a new registration certificate under a new sponsor, upon compliance with other applicable laws, when original sponsor has become deceased.

A manufacturer of syrups and concentrates used in the concoction of soft drinks and beverages is not required to secure a license from the Division of Health. Such products, however, and the place of their manufacture, and or processing, are not exempt from the operation of the General Food Inspection and Sanitation Law of this state.

The term “raw materials”, as used in Sections 150.310 and 92.040, 1949, means and includes all materials and things out of which the final or finished product is made.

Member of the Legislature who have served eight or more years and who have not been refunded their accumulated contributions to the retirement fund continue as members of the system and may draw retirement benefits on reaching retirement age.

The proposed operation, as stated in this opinion request, comes within the purview of Chapter 269, 1949.