Montana AG Opinions — 1997

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.

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.

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.

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.

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.

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.

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.

The clerk of district court is not authorized to charge a nonparty state agency for copies and certification of public district court records.

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.

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.