Montana Department of Justice

Disclaimer: The Department of Justice expends considerable effort to ensure that the attorney general’s opinions 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.

Volume & Opinion Number Opinion Held Date Issued
47-10 Parcels of land are not exempt from the requirements of the Subdivision and Platting Act solely by virtue of the fact that they are described by reference to boundaries established by a United States Government Survey. 12/30/97
47-9 In situations in which application of Article IV, Section 8 (2) and Section 3 of CI-64 could produce conflicting results, the latter provision controls. Applying this rule, for state senators serving a term of office beginning in January 1991, the term limit calculation did not begin until that officer was elected to (or otherwise began serving in) a term beginning during or after January 1993.

The reference in CI-64 to “terms of office” refers to the terms provided by the Constitution and statutes for the offices covered by CI-64.
The reference in Article IV, Section 8 (1) to “years” of service ascribes two years of service for every complete term as a member of the House of Representatives and four years of service for every complete term in the state Senate and in the executive branch offices covered by CI-64, disregarding minor deviations from a 12-month calendar year caused by the differences in the initial dates of terms of office.
Article IV, Section 8 (1) bars a candidate from the ballot if the candidate has served eight or more years in the office sought during the 16-year period ending at the conclusion of the term of office during which the candidate seeks election.
The conclusions expressed in this opinion apply to candidates for the Public Service Commission under Mont. Code Ann. § 69-1-105.
11/06/97
47-8 A city may use proceeds from bonds issued pursuant to the Open-Space Land and Voluntary Conservation Easement Act for the maintenance of open-space land acquired with the bond proceeds.

A city may use proceeds from bonds issued pursuant to the Open-Space Land and Voluntary Conservation Easement Act to fund the development of a comprehensive plan for purchase, use, development, and maintenance of open-space land.
10/02/97
47-7 The state general fund is the proper source for payment of a shortfall to bondholders with respect to long-range building program bonds issued to create the airport loan program. 07/18/97
47-6 A city and a county may enter into an agreement to operate a joint city-county library under which both the city and the county may levy taxes on property located in the city. 07/10/97
47-5 The Board of Architects has the authority to regulate the practice of architecture as well as the use of the title “architect” or use of other words implying the practice of architecture. 07/08/97
47-4 A city exercising self-government powers may not vest its municipal planning board with those powers vested in municipal zoning commissions by Mont. Code Ann. § 76-2-307. 07/01/97
47-3 The clerk of district court is not authorized to charge a nonparty state agency for copies and certification of public district court records. 05/23/97
47-2 A county is primarily responsible to third-party providers for post-arrest medical care given to a person who is ultimately charged with a violation of state law, but the county may thereafter seek recovery from another party pursuant to state law. 05/02/97
47-1 The Montana Higher Education Student Assistance Corporation (MHESAC) is not a “state bond issuer” as that term is used in Montana Code Annotated § 17-5-2201, and therefore the fees provided in that section are not applicable to bonds issued by MHESAC. 04/07/97

 

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Attorney General's Office & Legal Services Division

The Attorney General’s Office, headed by Attorney General Tim Fox, and the Legal Services Division function as the lawyers for the State of Montana. The attorneys in the Office have expertise in a wide range of legal topics and handle a broad range of legal cases involving the State of Montana and its people.

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Children’s Justice Bureau

The Children’s Justice Bureau is an agency-wide initiative at the Montana Department of Justice dedicated to IMPROVING how we respond to child victims, DEVELOPING state-of-the-art approaches by keeping up with the newest research and, most importantly, HELPING child victims recover and move on with their lives.

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Forensic Science Division & State Crime Lab

The mission of the Montana Forensic Science Division is to use operationally efficient and financially responsible practices as the laboratory provides accurate, objective, and timely forensic analyses to the criminal justice community in order to maximize value to the citizens of Montana.

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Missing Persons Clearinghouse

The Missing Children Act of 1985 established a Montana Missing Persons Clearinghouse within the Department of Justice. In March 2008, the department implemented a searchable online database that, for the first time, is updated in real time and includes any photos provided by law enforcement.

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Office of Victim Services

The goal of the Office of Victim Services is to provide tools and information to help crime victims recover from their experience and provide them with a range of services available. The criminal justice system can be confusing and intimidating for victims. To assist them as they go through the justice system, the Office of Victim Service is available to answer any questions they may have.

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Central Services Division

The Montana Department of Justice’s Central Services Division provides financial and human resources support for the department. We make sure that everything works for the people Working for Justice. If you’re interested in a rewarding career helping protect the rights and safety of all Montanans, we invite you to join our team of over 800 dedicated employees working across the state.

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Justice Information Technology Services Division

Our Justice Information Technology Services Division (JITSD) provides vital Information Technology (IT) infrastructure upon which Montanans and lojitsdcal and state law enforcement agencies rely for timely, accurate information. JITSD manages the IT systems, services, and interfaces to support nearly 800 DOJ employees, 325 statewide county motor vehicle system users, and over 3,000 Criminal Justice Information Network (CJIN) users across the state.

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Division of Criminal Investigation

The Division of Criminal Investigation (DCI) at the Montana Department of Justice is involved in many aspects of Montana law enforcement and is integral to the Department dciof Justice’s mission of promoting public safety.

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Montana Highway Patrol

Montana is rich in natural beauty and history. From Glacier Park in the west to Makoshika Park in the east, the men and women of the Montana Highway Patrol are working hard to make your travels safe and enjoyable. The Highway Patrol’s core values are “Service, Integrity and Respect.” These values are reflected in our commitment to public safety through diligent and fair enforcement of our traffic codes.

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Montana Law Enforcement Academy

The Montana Law Enforcement Academy is the premier law enforcement and public safety educational and training institution for state, county, city and tribal officers throughout the state. The Academy offers entry-level programs referred to as Basic Programs and advanced training through an array of Professional Development Programs.

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Public Safety Officer Standards & Training

The Council was formed in 2007 under 2-15-2029, MCA as an independent Quasi-judicial board. And as allowed by statute the Council adopted Administrative Rules in order to implement the provisions of Title 44, chapter 4, part 4, MCA. Per 44-4-403, MCA the Council is required to set employment and training standards for all Public Safety Officers as defined in 44-4-401, MCA and in addition the Council shall provide for the certification or recertification of public safety officers and for the suspension or revocation of certification of public safety officers.

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Motor Vehicle Division

The mission of the Motor Vehicle Division (MVD) is to identify and promote efficient, cost-effective programs that benefit the interests, safety, and well-being of Montana citizens through licensing, registering, and regulating the motoring activities of the public. The MVD continuously strives for excellence in customer service. Streamlining the way we do business has allowed us to improve our efficiency and make our services more convenient for our customers.

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Natural Resource Damage Program

The Natural Resource Damage Program (NRDP) was created in 1990 to prepare the state’s lawsuit against the Atlantic Richfield Co. (ARCO) for injuries to the natural resources in the Upper Clark Fork River Basin (UCFRB). Decades of mining and mineral processing operations in and around Butte and Anaconda released substantial quantities of hazardous substances into the Upper Clark Fork River Basin between Butte and Milltown. These hazardous substances extensively degraded the area’s natural resources.

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Office of Consumer Protection

Enforce consumer laws designed to protect the consumer from unfair or deceptive business practices. Enforce statutes relating to telephone solicitation and telemarketing. Provide information to consumers about the Consumer Protection Act. Assist consumers by distributing consumer education materials including scam and consumer alerts. Investigate false, misleading, or deceptive trade practices.

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Gambling Control Division

Through the Gambling Control Division, the Department of Justice regulates all forms of gambling in Montana, except for the Montana Lottery and horse racing. The legislature has charged the division with maintaining a uniform regulatory climate that is fair and free of corrupt influences. The division is also responsible for collecting gambling revenue for state and local governments.

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Human Trafficking

The Montana Department of Justice has a continued commitment to victims of human trafficking. In partnership with federal authorities, our agency plays a key role in the investigation, enforcement, and prosecution of crimes related to human trafficking in Montana. This form of modern day slavery does happen here in Big Sky Country.

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Prescription Drug Abuse Awareness Program

Montana’s deadliest drugs aren’t made in secret labs and they don’t always come from dealers on the corner. They’re in our own medicine cabinets. Each year, prescription drug abuse contributes to the deaths of more than 300 Montanans — making prescription drug abuse 15 times more deadly than meth, heroin and cocaine combined. Our kids report the third-highest rate of prescription drug abuse in the country and more than half of them say prescription drugs are easier to get than street drugs.

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Safe in Your Space

When it comes to embracing new technology, kids have rapidly outpaced their parents and teachers. By their early school years, many children are already more comfortable on the Internet than their parents. But just because children are smart enough to know how to navigate the Internet, doesn’t mean they have the experience to make good decisions about some of the possibilities they may face online.

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Montana Sexual or Violent Offender Registry

Created by the Montana Department of Justice in 1989, the Sexual or Violent Offender Registry is a valuable resource for Montanans to protect their families against sexual or violent offenders.

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Montana 24/7 Sobriety Program

Drinking and driving has been a chronic – and deadly — problem on Montana’s roadways for decades. In 2008, Montana was ranked as the deadliest state in the nation when it came to per capita DUI-related traffic fatalities.

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Work for Justice

Everyday at The Montana Department of Justice, our employees are dedicated to ensuring the well-being and rights of the people of our great state. We’re passionate about what we do because it’s more than a job or a career. It’s about who we are as people. If this sounds like you, your unique experiences, knowledge, and values may be just what the Montana Department of Justice is looking for and needs. In return we can offer a culture that promotes fairness and growth opportunities.

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