Attorney General’s Opinions

Volume 32

Opinion

Held

Date

32- 1 Legislature may validly appropriate moneys from earmarked revenue funds to finance interim legislative committees to study the state agencies financed out of said funds. March 1, 1967
32- 2 1.  Bills pending at final adjournment of regular legislative session must be re-introduced at extraordinary session.  2.  Legislature meeting in extraordinary session may consider bills previously printed during regular session and said bills may retain same number assigned to them during regular session. March 3, 1967
32- 3 Effective July 1, 1967, a Fire Department Relief Association may purchase a blanket insurance policy that will compensate for death or injuries of members though not incurred in the line of duty. June 8, 1967
32- 4 Chapter 300, Laws of 1967, will become effective on December 31, 1968, and all of its provisions are inoperative for any purpose until that date. June 8, 1967
32- 5 1.  Employees of county welfare departments are not employees of the state welfare department for the purpose of group health insurance under Section 11-1024, R.C.M. 1947.  2.  The state board of public welfare has the discretion to pay less than the maximum contribution authorized for employee group insurance and may refuse to make any such payments.  3.  Employer's payments of group insurance premiums are not
deducted from the participating employees' pay and nonparticipating employees are not entitled to a pay increase equivalent to the cost of the employer's premium payment for participating employees.
June 15, 1967
32- 6 After July 1, 1967, the statutory prohibition against the marriage of divorced persons for six months after their divorce is granted will cease to exist. Persons divorced prior to July 1, 1967, may remarry at any time on or after that date unless the judgment granting the divorce contains an order that the parties are not to remarry for a period of six months after the divorce is granted. June 21, 1967
32- 7 The "Bonanza machine" described herein is a gambling device under section 94-2401. R.C.M. 1947. and a lottery as that term is defined by Section 94-3001. R.C.M. 1947. July 12, 1967
32- 8 1.  Chapter 295, Laws of 1967, does not violate the terms of the grant of school lands under the Enabling Act.  2.  Chapter 295, Laws of 1967, does not violate the Montana Constitutional provisions with respect to school lands. June 30, 1967
32- 9 Firemen separated from service after July 1, 1967, for reasons other than retirement, death or disability are entitled to a return of all contributions made by them to the disability and pension fund of the fire department relief association. August 17, 1967
32- 10 The fee to be charged for filing of a petition to determine heirship or title to an estate must be charged only when such a proceeding is initiated pursuant to Sections 31-3801 R.C.M. 1947 et seq. It may not be charged for filing a petition for final accounting and distribution of an estate. September 1, 1967
32- 11 The Legislature can, pursuant to the provisions of Section 8 of Article XIX of the Montana Constitution, call a constitutional convention and limit its powers to the amendment of certain articles. November 2, 1967
32- 12 1.  Reports of the state criminal investigator which are delivered to another agency of state government are not protected from public disclosure by the provisions of Section 82-417, R.C.M. 1947.  2.  The Board of Institutions. within the sound exercise of its discretion. may treat certain communications made to it as
confidential.
November 1, 1967
32- 13 That the State Hospital: at Warm Springs has the authority to provide an educational program for inmates. March 4, 1968
32- 14 The State Deparbnent of Public Welfare has the power to participate in programs initiated pursuant to section 204 of Public Law 90-248, cited as the "Social Security Amendments of 1967." March 12, 1968
32- 15 1.  A motor vehicle must be registered, licensed, and taxed in the county in which the vehicle habitually comes to rest or in which it is kept a majority of the time.  2.  The burden is upon the taxpayer to register his motor vehicle in the proper county though county officials should avoid undue hardships on the taxpayer by informing him when he attempts to register in the wrong county. April 3, 1968
32- 16 A school bond election may be held in conjunction with a primary election at the same polling places and with the same judges and clerks of election. April 18, 1968
32- 17 The provisions of section 69-3601, Revised Codes of Montana, 1947, is a grant of power under which a city or town may contract with a county for the establishment and maintenance of ambulance service for the entire population of the county, city and towns involved. July 9, 1968
32- 18 The funds of fire deparhnent relief associations, cities, towns, counties and school districts may not be invested in state or federally chartered savings and loan associations. July 11, 1968
32- 19 A person appointed by the county commissioners to fill any vacancy in a state legislative office holds such office until the end of the tenn of the originally elected member. September 6, 1968
32- 20 The County Assessor may assess accounts receivable which arise out of business conducted in the state of Montana. October 10, 1968
  • 21 February 2018
  • Author: Cook, Kevin
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