Attorney General’s Opinions

Volume 30

Opinion Held Date
30-1 Unless otherwise provided in its charter or by-laws, it is discretionary with the fire department relief association as to whether funeral benefits will be paid to either its active or retired members. January 14, 1963
30-2 The State Board of Education may not delegate its powers to the local executive boards of the various units of the university system. March 11, 1963
30-3 1.  A high school district does not have the power to hold title to high school buildings as the title to high school buildings is in the school district which established the high school or in the county if the high school is a county high school.  2.  A school district may issue bonds to supplement the funds of a high school district bond issue for the purpose of constructing high school buildings. March 19, 1963
30-4 A county is not liable for the cost of special medical care given an indigent resident of that county while he is a patient in the Montana State Hospital. April 19, 1963
30-5 Contracts for janitorial services must be awarded by competitive bidding. May 22, 1963
30-6 That the board of trustees of a school district and the trustees of a county high school have the authority to expend school funds in a greater amount than five dollars per month per employee for group insurance, as part of the salaries and compensation of the teachers and employees. June 14, 1963
30-7 Chaper 190, Laws of 1963, repeals Sections 53-204, 93-3004, 93-3009, 93-3010, 93-3019, 93-6206, 93-6207, and 93-6208, R.C.M.,1947. June 27, 1963
30-8 Salaries of city aldermen may be increased after they take office, if the ordinance providing such increase was passed before the beginning of the aldermen's present term of office. July 18, 1963
30-9 City clerks are not entitled to pay for unused annual vacations after termination of their term of office, they are entitled to take annual vacations with pay during their term of office. July 19, 1963
30-10 The duties of the highway patrol supervisor under the Motor Vehicle Safety Responsibility Act do not include resolving questions of civil liability of operators or owners of motor vehicles for damages. July 22, 1963
30-11 A teacher may receive credit for out-of-state teaching employment for superannuation retirement benefits under the Teachers' Retirement System only if that employment occurred prior to his last ten years of service within the state of Montana. July 22, 1963
30-12 A school district has no authority to employ special counsel, as it is a county obligation to provide legal services for the school districts. July 23, 1963
30-13 A Board of County Commissioners may not expend monies from the County Poor Fund for the construction of new buildings for the care of the poor so long as the fund is needed for general relief expenditures by the county or is needed for paying the county's proportionate share of public assistance for any other welfare activity that is carried on jointly between the State and the county. August 6, 1963
30-14 Persons who are retired or are still actively engaged in state service are not entitled to receive a refund of part of their normal contributions to the Public Employees Retirement System. August 14, 1963
30-15 From and after July 1, 1963, the state examiner must make at least one examination during each fiscal year of the books and accounts of all school districts of the first and second class and of third class districts maintaining a high school, and examination by a qualified public accountant is no longer permitted. August 29, 1963
30-16 1.  Justice of the peace courts in Montana perform the function of small claims courts.  A. The filing of a bill, with certification that it is true and correct and that the amount is due and owing, is sufficient to commence an action in the justice of the peace court.  B. The parties are not required to use the services of an attorney in such a proceeding.  C. The statutes authorize a party who is not a corporation to represent himself in a justice's court. August 29, 1963
30-17 A person, a party to a divorce action in Montana or a Montana resident who is a party to a divorce action in another jurisdiction, may marry again within a six month period after judgment of divorce granted prior to July 1, 1963. August 30, 1963
30-18 The language "at the end of each thirty (30) day period beginning March 1, 1961" contained in Section 53-122 (c) Revised Codes of Montana, 1947, as amended by Chapter 178, Laws of 1963, refers to a period of time including and following that date. September 5, 1963
30-19 County Planning and Zoning Commission does not have the authority to enforce its rules and regulations by criminal proceedings. September 16, 1963
30-20 1.  An aircraft cannot be assessed and taxed by a county on the basis of the owner's residence only.  2. For Montana tax purposes an aircraft is not a motor vehicle. September 17, 1963
30-21 Section 15-1001, R.C.M., 1947, as amended, does not authorize increase in capitalization as a corporate act that can be performed without a formal meeting of the stockholders. September 20, 1963
30-22 The term "school census", as used in Section 75-1802, R.C.M., 1947, as last amended by Chapter 203, Laws of 1963, is the list of children between the ages of six and twenty-one as prepared by the school district clerk in conformity with Section 75-1903, R.C.M., 1947. September 27, 1963
30-23 A county is prohibited by law from employing an attorney or fiscal agent for assistance in bond proceedings or in the sale of general obligation bonds. October 22, 1963
30-24 A city may not consider bids for the construction of special improvements which are not accompanied by a certified check. November 7, 1963
30-25 1.  County commissioners are entitled to reimbursement for travel expenses incurred while they are on business, which by virtue of their office, they have found it necessary to attend to.  2.  Mileage shall be paid to county commissioners, for such trips, at the rate established by Section 59-801, R.C.M., 1947. November 8, 1963
30-26 Interest earned by additional contributions to the Teachers Retirement System must be treated in the same manner as is interest on normal contributions when such contributions are withdrawn. November 12, 1963
30-27 The clerk of a school district is without authority to issue warrants in payment of claims without first being directed to make payment by an order of the board of trustees, which order must be preserved in writing as a part of the records of the school district. January 6, 1964
30-28 A Montana school district is not liable for, nor may it make payment of tuition to a school district in another state for a child committed by a Montana court to an institution in another state. January 17, 1964
30-29 1.  Public officers can only receive such compensation for the performance of official duty, as is expressly provided by law.  2.  A city treasurer of a city of the first class can receive compensation from a city owned public utility for the performance of services for that utility which are not a part of his official duties. February 6, 1964
30-30 1.  In those high school districts which now have additional trustees, no new determination of their number is required until the valuation or class of the districts involved changes.  2.  In each high school district which has additional members on its board of trustees, the full number of additional trustees, shall be elected the first Saturday in April, 1964, in the manner provided by Section 75-4601, R.C.M., 1947, as amended by Chapter 222, Laws of Montana, 1963.  3.  An elector may vote for one additional trustee from each nominating district. February 6, 1964
30-31 City alleys are public highways and must be considered as such for the purpose of dividing automobile registration fees between cities and counties in the pro rata manner provided by Section 53-122, R.C.M., 1947. February 7, 1964
30-32 In ordering distribution of state equalization aid, the State Board of Education must determine the need of a school district for such aid by the school district's budget and not by the actual receipts of the district. May 18, 1964
30-33 The board of trustees of a school district operating a high school may expend high school funds for the support of a special education program for the mentally retarded. June 26, 1964
30-34 1.  The power of the State Board of Health to promulgate rules and regulations concerning public health nursing is limited to those subjects specifically enumerated in sections 69-107 and 69-3202, R.C.M., 1947.  2.  Sections 69-107 and 69-3202, R.C.M., 1947, do not authorize public health nurses employed by county health units to care for the sick in their homes.  3.  County boards of health and full-time health departments are not authorized to charge fees for x-rays taken in conjunction with a tuberculosis control program. July 31, 1964
30-35 Chapter 99, Laws of 1963, amending Section 71-302, Revised Codes of Montana, 1947, to provide that time spent as a patient in a licensed nursing home or hospital, or a private charitable institution, shall not in any case be counted in determining the matter of county residence, does not apply to section 71-402, Revised Codes of Montana, 1947. October 21, 1964
30-36 With two exceptions, expenses incurred for necessary medical care furnished a prisoner in a county jail incarcerated because of an alleged violation of state fish and game laws or state highway laws are not chargeable against the state or county. December 28, 1964
  • 21 February 2018
  • Author: Cook, Kevin
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