Letters of Advice – 2004

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Subject Request Requestor Date Issued
Correctional Facilities
  1. Is the facility proposed by the Department of Corrections for the former Eastmont Human Services Center in Glendive a Prerelease Center, or a Community Corrections Facility or Program?
  2. Must the Department of Corrections follow the Administrative Rules of Montana with regards to Prerelease Centers?
Burns, Richard L.
City Attorney
Glendive
09/28/04
Housing Is it unlawful age discrimination under Mont. Code Ann. § 49-2-305 for the Great Falls Housing Authority to adopt and enforce a policy whereby the GFHA refuses to lease or otherwise contract with minors who are not emancipated with regard to the rights to live independently and to enter into contracts as provided in Mont. Code Ann. § 41-1-501? Gliko, Dave
City Attorney
Great Falls
10/05/04
Judges Several questions regarding the term, salary, and position structure of a city court judge, and the effect of a mid-term reapportionment. Flynn, John T.
County Attorney
Broadwater
07/27/04
Local Government
  1. Do local governments with general government powers have the authority to impose administrative fees on misdemeanor criminal offenses?
  2. Do local governments with self-government powers have the authority to impose administrative fees on misdemeanor criminal offenses?
Luwe, Paul J.
City Attorney
Bozeman
06/25/04
Motor Carriers What is the effect of Congress’s recent adoption of public law 108-199, which prohibited the federal Department of Transportation from expending funds appropriated in fiscal year 2004 to “implement or enforce” the federal hours of service regulations as those regulations may apply to utility service vehicles, on Montana’s laws and administrative rules relating to motor carrier safety? Keenan, Bob
Senate President
2003 Legislature
04/07/04
Statutory Construction Can a law enforcement officer work more than 2080 hours per year if the law enforcement officer works 2080 hours for more than one employer? McCarthy, Helen W.
Whitehall
Town Attorney
10/19/04
Taxation and Revenue If a taxpayer makes a required tax payment 30 days after the due date, when the due date and payment date fall in two successive months respectively, should the Department of Revenue assess the taxpayer with interest for two months? Noble, Jeffrey A.
County Attorney
Powder River
05/08/04