Letters of Advice - 2003
In the following table, click on a specific date issued to view the full letter of advice.
Disclaimer
The Department of Justice expends considerable effort to ensure that the letters of advice appearing
on our website are true copies of the originals on file in our office. However, we cannot guarantee
the accuracy of a printed copy that you did not personally download from the website, since the text
may have been altered.
| Subject | Request | Requestor | Date Issued |
|---|---|---|---|
| Conflict of Interest | Does Montana law prohibit a state employee from serving on the board of directors of an organization when 1) the organization receives funds from or through the State, 2) the employee serves on the particular board as an agent of the State, and 3) the employee's service on the particular board is within the employee's scope of employment? | McCulloch, Linda Superintendent Public Instruction |
10/28/03 (PDF) |
| County Government | Is Garfield County required to obtain voter approval to authorize the county to impose a mill levy sufficient to generate the amount of property taxes actually assessed in the prior year from both voted and non-voted levies for health care facilities in Garfield County? | Murnion, Nickolas C. County Attorney Garfield |
04/25/03 (PDF) |
| Local Government | Is the County Commission obligated by law to publish its agenda in the local newspaper in advance of each meeting? | Bradshaw, Blaine C. Granite County Attorney |
06/04/03 (PDF) |
| Sentence | Does the phrase "deferred term of imprisonment" in Subsection (6) of Mont. Code Ann. § 45-9-102(6) and in § 45-10-103 entitle an individual convicted of a first offense of that section to a deferment of any jail sentence? | Zimmerman, Robert L. County Attorney Sanders | 07/03/03 (PDF) |
| Statutory Construction | May a vehicle that has been lawfully and validly licensed be classified as a junk vehicle pursuant to the terms of Mont. Code Ann. § 75-10-501(4) and be subject to the shielding provisions of Mont. Code Ann. § 75-10-505? | Malagisi, Richard A. County Attorney Sweet Grass |
08/29/03 (PDF) |
| Subdivision and Platting Act | Is a proposed property conveyance in Granite County subject to the Subdivision and Platting Act? | Bradshaw, Blaine C. County Attorney Granite |
11/04/03 (PDF) |
| Taxation | 1. What type of personal property, if any, is exempt from taxation by the State of
Montana and local governing body when that personal property is owned by an individual of Native
American descent who is not eligible for tribal enrollment and the personal property is located on
trust land? 2. Does a mobile home which is owned by an individual of Native American descent who is not eligible for tribal enrollment which is placed on a permanent foundation become a part of the real property and no longer subject to personal property taxes? 3. If the personal property of an individual of Native American descent who is not eligible for tribal enrollment and is located on trust property is taxable, what remedies are available for enforcement and collection of the taxes by the local governing body? |
Amestoy, Edward County Attorney Phillips |
01/16/03 (PDF) |