Letters of Advice – 2010

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Subject Request Requestor Date Issued
Fire Districts Does Miles City, a city with general government powers, have the power to enter into fire protection service contracts for the protection of land and structures located outside the city limits? Mathews, Gary
County Commissioner
Custer
07/09/10
Gambling Is the fantasy sports game offered by the Board of Horse Racing through the Montana Lottery a sports pool under Title 23, part 5 of the Montana Code Annotated? Carruthers, C.A., Chair
Board of Horse Racing
Helena
12/29/10
Judges
  1. Is a Justice of the Peace subject to the prohibition against dual compensation found in Mont. Code Ann. § 2-2-104(3)(a) and, if so, may a part-time Justice of the Peace received compensation from another public entity during the time she conducts the official business of the Justice Court?
  2. May a county commission decline to allow a Justice of the Peace to work as a city judge unless the justice separates justice court and city court duties?
  3. May a justice court and city court have combined hours of operation if the judge logs the time spent on the business of each entity?
Batterman, Albert R.
County Attorney
Fallon
08/17/10
School Districts Can a county superintendent of schools also be employed as a coach in a school district over which the superintendent has jurisdiction? Young, Mitchell
County Attorney
Lake
08/02/10
Statutory Construction Is a dispatch/911 center that is operated by a board of county commissioners a “police, emergency medical rescue, or fire protection facility” for the purposes of enacting impact fees under Mont. Code Ann. § 7-6-1601? Corn, George
County Attorney
Ravalli
06/01/10
Statutory Construction Once a resort community that complies with the population limit of Mont. Code Ann. § 7-6-1501(b) has lawfully adopted a resort tax, may the resort community continue to lawfully modify, extend, or increase its resort tax after the population of the resort community, according to the most recent federal census, or federal estimate, exceeds 5,500 persons? Phelps, John M.
City Attorney
Whitefish
03/29/10
Statutory Construction Does Mont. Code Ann. § 7-12-1133 allow an assessment method for purposes of Business Improvement Districts to be based upon business revenues? Harball, Charles A.
City Attorney
Kalispell
03/25/10
Taxation and Revenue Are the mills authorized to be carried forward under the provisions of Mont. Code Ann. § 15-10-420(1)(b) cumulative for each year in which they are not levied? Herring, Scott W.
County Attorney
Dawson
12/13/10