Attorney General’s Opinions

Volume 33




33-1 1.  Section 4(1)(a) provides that four dollars ($4) of every twenty dollar ($20) unit of fine actually imposed, and multipes thereof, or twenty percent (20%) of all other fines shall be credited to the drivers education account.  2.  The magistrate must indicate to the city or county treasurer the amount from each individual fine to be credited to the drivers education account.  3.  Where a defendant serves a part of his fine in jail, there is
to be credited to the drivers education account the proper amount of the fine actually paid.
March 27, 1969
33-2 1.  Chapter 102, Laws of 1969, which provides a procedure for voluntary admission to the state hospital at Warm Springs applies to persons afflicted with the illness of alcoholism because of language contained in Section 80-2404, R.C.M. 1947, as amended.  2.  Forms prescribed by the state hospital will be furnished
by the hospital to the county attorney after July 1, 1969.
April 23, 1969
33-3 1.  Employees and appointees of the state are to receive thirteen dollars and fifty cents ($13.50) per day for service within the state and twenty-two dollars and fifty cents ($22.50) per day for service out of state for meals and expenses.  2.  The Governor is to receive his actual and necessary expenses in an amount not to exceed sixty dollars ($60.00) per day for state service, both within and without the state while away from Helena.  3.  All elected state officials except the Governor are to receive actual and necessary expenses for state service within the state while away from Helena and are to receive actual and necessary expenses for state service out of state not to exceed forty dollars ($40.00) per day.  4.  All elected state officials are entitled to actual and necessary expenses only and are not entitled to receive the full amount designated in the statute as a limiation unless that amount is actually expended. May 1, 1969
33-4 1.  Employees are entitled to and shall be granted annual vacation leave according to the schedule in section 59-1001, R.C.M., 1947, as amended by Chapter 350, Laws of 1969, after they have completed one year's continuous employment from the date of their latest employment with a state, county or city governmental unit.  2.  Employees are entitled to accrue annual leave according to the schedule in Section 59-1001, R.C.M., 1947, as amended by Chapter 350, Laws of 1969, whether or not they have been employed continuously by the same government unit and whether or not they have worked continuously for the state, county or city for a period in excess of ten years. June 18, 1969
33-5 1.  The "original certificate of registration" in section 2 of Chapter 127 refers to the certificate of registration for the vehicle to which the license plates are being transferred.  2.  The new owner of a transferred motor vehicle must make application and pay the registration fees and taxes as provided by section 53-114, before he can drive the vehicle upon the public highways.  3.  No fees or taxes need be paid, other than a two dollar ($2.00) transfer of registration fee, for the registration of a motor vehicle to which license plates are being transferred
unless these fees and taxes have not been previously paid during the current registration year.  4.  Under a recent decision of the United States Supreme Court, military servicemen are not exempt from state sales
and use taxes in Montana.
June 18, 1969
33-6   September 8, 1969
33-7 1.  A board of county commissioners may not require the sheriff of its county to submit itemized statements showing the purchase of food and supplies for the board of prisoners imprisoned in the county jail as a condition precedent to the payment of the fees claimed under section 25-227, Revised Codes of Montana, 1947.  2.  The board of county commissioners may require the sheriff of its county to submit itemized statements showing the purchase of food and supplies for the board of prisoners imprisoned in the county jail so as to determine if there is compliance with section 25-229, R.C.M. 1947, and to insure that the prisoners are receiving an amount of food in compliance with the dictates and intentions of the legislature as provided in section 25-227, R.C.M. 1947.  The board may further require this accounting of actual expenses for the board of prisoners under the powers granted the board of county commissioners under chapter 10, Title 16, R.C.M. 1947, and section 16-3801, R.C.M. 1947. September 24, 1969
33-8 Section 53-118(g), Revised Codes of Montana, 1947, does not restrict the use of dealer's license plates to the immediate sales area of motor vehicle dealers. However, it does require that dealer's license plates only be used in the dealer's business of selling or demonstrating. September 26, 1969
33-9 Any disciplinary rules and regulations adopted by the fire chief under the authority of section 11-1906, Revised Codes of Montana, 1947, are subject to the approval of the city or town council. November 10, 1969
33-10 A revolving fund, from which is appropriated all income from reimbursable expenditures for audits of motor fuel producers, dealers and users, does not provide the basis for an exception to the rate of reimbursement for expenses incurred in the performance of official duties as set forth in sections 59-801 and 59-538, Revised Codes of Montana, 1947. November 25, 1969
33-11 1.  A fully paid fireman who is not working in the department during the time of a disability is not on active duty and does not accrue time toward the necessary 20 years of active duty for service pension.  2.  The time to be applied toward the 20-year requirement for retirement is computed from the first day that the fireman is hired. November 25, 1969
33-12 A person may make application for marriage license without having a premarital blood test, but a marriage license cannot be issued until the applicant proves that he has had such an examination. December 10, 1969
33-13 The proper license fee, as prescribed by section 84-3201, R.C.M. 1947, must be paid for each alley or lane in a building housing a group of such alleys or lanes. December 10, 1969
33-14 The board of county commissioners does not have the discretionary power to pay in excess of the statutorily prescribed $7.50 per month toward the premiums of group insurance entered into for each county officer and employee pursuant to section 11-1024, R.C.M. 1947. December 16, 1969
33-15 1.  Depending upon the particular circumstances and the nature of the action taken by the state electrical board, it can rescind or modify the action taken by a previous board.  2.  The state electrical board may make exceptions or variances to its rules and regulations but such exceptions or variances regarding transactions which have taken place under prior regulations depend upon the type of regulation involved. December 16, 1969
33-16 The Montana state board of health does not possess the legal power to require fluoridation of municipal water supplies. February 25, 1970
33-17 1.  The local boards of health are empowered only to employ a nurse to provide nursing services to those persons qualified under section 69-4512, R.C.M. 1947, and, therefore, may not set up a separate budget item for home nursing services.  2.  The power in the local boards of health to employ a nurse implies the power to pay the same for service rendered.  3.  The salary of said nurse is properly an item to be included in the budget of the local board of health.  4.  Section 16-1907, RC.M. 1947, dealing with emergency expenditures, is the proper method of proceeding when funds are unavailable to pay the nurse for services rendered. March 16, 1970
33-18 A county treasurer who was elected in a general election to fill the unexpired term of the previous county treasurer is prohibited by section 5, Article XVI of the Montana Constitution, as amended, from being a candidate for such office at the next general election. April 14, 1970
33-19 Statutes prescribing time limitations, within which declarations for nomination and certification of nominees by the secretary of state must be made, do not apply to a case where a vacancy occurs in the office of a regularly elected district judge if there is sufficient time before the primary to allow declarations to be filed and the ballots printed. May 18, 1970
33-20 1.  A candidate for nomination to a judicial office may withdraw after the deadline for filing a declaration for nomination and before the primary nominating election by filing a statement of withdrawal with the secretary of state's office.  2.  Upon such withdrawal, the former candidate's name is removed from the judicial primary ballot at the direction of the secretary of state. May 21, 1970
33-21 1.  The 48-hour written notice of special meetings of the board of trustees can be waived if all the members are present and consent to the meeting.  2.  Section 75-1622, R.C.M. 1947, does not place a limitation
on the number of special meetings that can be held by a
board of trustees in any one month.
June 24, 1970
33-22 A sheriff may not charge the department of labor and industry, which is an agency of the state, fees for mileage for service of process. June 26, 1970
33-23 An operator of a retail beer and liquor outlet in Indian country in Montana must comply, not only with the federal Indian liquor laws, but also the liquor laws of the state of Montana. June 29, 1970
33-24 A candidate for the state legislative assembly may expend himself no more than $180.00 in a primary election and $120.00 in a general election for campaign expenditures. June 30, 1970
33-25 Since an additional member of a board of trustees is involved only in high school business, the fact that his brother is hired as a teacher in an elementary school within such high school district, does not violate the nepotism law. July 2, 1970
33-26 A candidate unsuccessfully seeking a party's nomination in the primary election may afterwards be nominated by certificate to appear on the general election ballot as an independent candidate. July 24, 1970
33-27 The maximum indebtedness to be incurred by a high school district must be computed from that value disclosed by the last assessment roll in the district; i.e., from the assessed valuation of the taxable property. September 2, 1970
33-28 Temporary state, county, or city employees are not entitled to receive pay while on a military leave of absence. September 11, 1970
33-29 1.  The child labor laws of Montana do not prohibit all types of employment of minors.  2.  An employed minor is considered an employee under the Montana Workmen's Compensation Act and can qualify to receive benefits. September 11, 1970
33-30 1.  The amount of the deposit for a coal mining lease cannot be less than the monthly royalty payment due the state and not less than fifty dollars ($50) in any case.  2. Rents and bonuses shall be treated as royalties for coal mining leases and be credited to the permanent fund arising from the grant to which the land under each fund belongs. September 15, 1970
33-31 The Surplus Property Division of the Superintendent of Public Instruction's office may be included in the Montana Joint Merit System. September 18, 1970
33-32 Salaries of deputies and assistants to county officials may be increased up to 90% of the salary of their principal under the schedule set forth in section 25-605, Revised Codes of Montana, 1947, as amended, notwithstanding the general 10% budget limitation imposed by section 16-1904, R.C.M. 1947, as amended. October 5, 1970
33-33 1.  A foreign bank, although competent to act as executor over a Montana estate, must first procure a certificate of authority allowing it to transact such business within the state.  2.  A foreign bank may hold title to real property in Montana, and may manage the same as inter vivos or testamentary trustee, but is must first procure a certificate of authority allowing it to transact such business within the state. October 13, 1970
33-34 1.  A city-county zoning district may not receive monies from other county funds.  2.  A city-county zoning district may not receive funding from the one (1) mill levy provision of section 16-4101, R.C.M. 1947. November 2, 1970
  • 21 February 2018
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