Letters of Advice – 2003

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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
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
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
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
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
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
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