Pending Requests

The following table lists pending requests and opinions and letters of advice issued this year. Click on the link in the Disposition column to view the full opinion or letter of advice.

Subject Request Requestor Disposition
Elections Does Senate Bill 311 change the way the Secretary of State calculates term limits? McCulloch, Linda
Secretary of State
Helena
Pending
Subdivisions 1.   Are the definition of “subdivision” in Mont. Code Ann. § 76-3-103(15), as applied to subdivisions for rent or lease, and the requirement for review of “Subdivisions created by rent or lease” at Mont. Code Ann. § 76-3-208, limited to divisions of land where residential dwellings are planned?
2.   Does the exemption found at Mont. Code Ann. § 76-3-204 for “sale, rent, lease, or other convenance of one or more parts of a building” apply to multiple buildings on a single parcel?
Van Valkenburg, Fred
County Attorney
Missoula
Pending
Workers’ Compensation  1. Are public employees on workers compensation leave who are supplementing workers compensation benefits with accrued sick leave pursuant to the terms of a collective bargaining agreement considered to be in a leave without pay status or in a leave with pay status?
2. If such employees are considered to be in a leave with pay status, to what extent, if any, are such employees entitled to accrue vacation and sick leave credits under Mont. Code Ann. §§ 2-18-611 and -618?
Joyce, Eileen
County Attorney
Butte-Silver Bow
 Pending
 Elections Does a county have the authority to establish a satellite election office outside the county seat for the purpose of providing in-person absentee voting as sanction by Mont. Code Ann. § 13-13-222(1)? Boggio, Georgette
County Attorney
Big Horn
Hayworth, Michael
County Attorney
Rosebud
Ranstrom, Donald
County Attorney
Blaine
Pending