Section 5

Citation: Section 5
Parent Document: Donaldson v. State of Montana, 2012 MT 288 (2012)
Jurisdiction: Montana (state)
Effective Date: 2012-12-17
Original Source: https://www.courtlistener.com/opinion/889962/donaldson-v-state-of-montana/ ↗
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                             APPENDIX 1 to DISSENT
(Listing of Statutes Attached to Plaintiffs’ Motion to Alter or Amend the Judgment)
 Title     Title Desc.                         Chapter      Chapter Desc.                        Part     Part Desc.                                  Section        Section Desc.                                                        Description
                                                                                                          General Definitions of Terms Used in
                                                                                                                                                                     Residence -- rules for determining                                   Defines residence of "unmarried minor"
Title 1    General Laws and Definitions        Chapter 1    General Provisions                  Part 2    Code                                    Section 215(4)
                                                                                                          General Definitions of Terms Used in
                                                                                                                                                                     Relationship by Affinity                                             Defines affinity as relation that one spouse has with the other spouse's blood relatives.
Title 1    General Laws and Definitions        Chapter 1    General Provisions                  Part 2    Code                                      Section 219
                                                                                                          State Symbols -- Official
                                                                                                                                                                     Montana medal of valor established                                   Medal of valor presented to recipient's spouse if recipient dies before award.
Title 1    General Laws and Definitions        Chapter 1    General Provisions                  Part 5    Designations                            Section 515(3)
           Government Structure and                                                                                                                                  Appointment of relative to office of trust or emolument
                                                                                                                                                                                                                                          Bans appointment of person related by affinity within the second degree.
Title 2    Administration                      Chapter 2    Standards of Conduct                Part 3    Nepotism                                  Section 302      unlawful -- exceptions -- publication of notice.
           Government Structure and
                                                                                                                                                                     Agreements to appoint relative to office unlawful                    Bans appointment of person related by affinity within the second degree.
Title 2    Administration                      Chapter 2    Standards of Conduct                Part 3    Nepotism                                  Section 303
           Government Structure and
                                                                                                                                                                     Penalty for violation of nepotism law                                Provides for penalty if appointment is made of person related by affinity within the second degree.
Title 2    Administration                      Chapter 2  Standards of Conduct                  Part 3    Nepotism                                  Section 304
           Government Structure and                       Executive Branch Officers and
                                                                                                                                                                     Board of Pharmacy                                                    Restricts from the Board any spouse of a member of the profession of pharmacy
Title 2    Administration                      Chapter 15 Agencies                             Part 17    Department of Labor and Industry        Section 1733(2)
                                                                                                                                                                                                                                          Defines sick leave as absence with pay for time an employee is unable to perform job duties because of: the care for a member of the employee's
                                                                                                                                                                     Definitions                                                          immediate family; providing necessary care for a spouse, child, or parent with a serious health condition, as defined in the Family and Medical
           Government Structure and                       State Employee Classification,
                                                                                                                                                                                                                                          Leave Act of 1933; or death or funeral attendance of an immediate family member or, at an agency's discretion, another person.
Title 2    Administration                      Chapter 18 Compensation, and Benefits            Part 6    Leave Time                                Section 601
           Government Structure and                       State Employee Classification,                                                                                                                                                  Lists a number of spousal protections, including the requirement that an insurance contracts must contain provisions that permit the surviving
                                                                                                                                                                     Mandatory Provisions
Title 2    Administration                      Chapter 18 Compensation, and Benefits            Part 7    Group Insurance Generally                 Section 704                                                                           spouse of a member to remain a member of the group, as well as the surviving children.
                                                          Courts and Judicial Officers
                                                                                                                                                                     Sittings of Court -- when private
Title 3    Judiciary, Courts                   Chapter 1 Generally                              Part 3    General Rules Regarding Procedure         Section 313                                                                           Allows for an action for dissolution of marriage to be private
                                                          Courts and Judicial Officers                    Disqualification and Substitution of
                                                                                                                                                                     Disqualification of judges -- all courts
Title 3    Judiciary, Courts                   Chapter 1 Generally                              Part 8    Judges Supreme Court Rule                 Section 803                                                                    Allows for disqualification of judge if related to either party/attorney/member of firm by affinity within the third degree.
                                                          Courts and Judicial Officers                                                                                                                                             Prohibits a judicial officer who is a member of the Judicial standards commission or of the Supreme Court to participate in censure, suspension,
                                                                                                                                                                     Nonparticipation of interested judicial officer
Title 3    Judiciary, Courts                   Chapter 1 Generally                             Part 11    Judicial Standards Commission            Section 1108                                                                    removal or retirement proceeding involving that officer's spouse or the spouse of a relative related within the sixth degree.
                                                                                                                                                                                                                                   Provides for state funding of district court costs involving court-sanctioned educational program concerning the effects of dissolution of marriage
                                                                                                                                                                   State assumption of district court expenses
Title 3    Judiciary, Courts                   Chapter 5    District Courts                    Part 9     State Funding for District Courts      Section 901(1)(g)                                                                 on children.
Title 3    Judiciary, Courts                   Chapter 7    Water Courts                       Part 4     Disqualification                         Section 402     Disqualification of water judge or master                       Discusses withdrawal or disqualification of water judge or master - includes relationships with water judge's or master's spouse.
Title 3    Judiciary, Courts                   Chapter 11   City Courts                        Part 2     City Judges                              Section 203     When a substitute for judge called in                           Substitute judge called in when judge is spouse of party or related to party by affinity within the sixth degree
Title 7    Local Government                    Chapter 4    Officers and Employees             Part 26    Office of County Clerk                  Section 2613     Documents subject to recording                                  Includes instruments describing or relating to the individual property of married persons.
Title 7    Local Government                    Chapter 4    Officers and Employees             Part 26    Office of County Clerk                  Section 2619     Indexes to recorded documents                                   Includes indexes related to marriage
                                                                                                                                                                   Limitations on activities of county attorneys and deputy county Prohibits deputy county attorneys from engaging in private practice of law or sharing in profits of private practice except as to matters involving
Title 7    Local Government                    Chapter 4    Officers and Employees             Part 27    Office of County Attorney               Section 2704     attorneys                                                       deputy county attorney's immediate family.
                                                                                                                                                                                                                                   Defines "Elderly families" to mean families in which the head of the family or that person's spouse is at least 60 years of age and who otherwise
                                                                                                                                                                   Definitions
Title 7    Local Government                    Chapter 15 Housing and Construction             Part 44    Municipal Housing Authorities           Section 4402                                                                     qualify as persons of low income.
                                                                                                                                                                                                                                   Enables a municipal housing authority to develop housing in order to provide accommodations designed for elderly families. Also allows the
                                                                                                                                                                   Low-rent housing for the elderly
Title 7    Local Government                    Chapter 15 Housing and Construction             Part 44    Municipal Housing Authorities           Section 4456                                                                     extension of a prior preference in occupancy to elderly families.
                                                                                                          Qualifications of Law Enforcement                        Peace officer employment, education and certification
Title 7    Local Government                    Chapter 32   Law Enforcement                    Part 3     Officers                                 Section 303     standards -- suspension or revocation -- penalty                Allows for extension of standards/training requirements if required due to illness of peace officer's immediate family.
Title 7    Local Government                    Chapter 32   Law Enforcement                    Part 22    Detention Centers                       Section 2227     Inmate eligibility for participation                            Excludes someone who is serving a sentence for family member assault to participate in a county jail work program.
Title 7    Local Government                    Chapter 32   Law Enforcement                    Part 22    Detention Centers                       Section 2246     Temporary release from detention center                         Allows for temporary release to attend to needs of inmate's family.
Title 7    Local Government                    Chapter 32   Law Enforcement                    Part 41    Municipal Police Force                  Section 4114     Restrictions on activities of police officers                   Person not restricted from political activity or public office just because spouse is a police officer.
                                                                                                                                                                     Veterans' cemetery
Title 7    Local Government                    Chapter 35 Cemetery Services                    Part 22    Cemeteries in Counties                   Section 2205                                                                           Allows State to receive allowances and collect charges authorized by state or federal law regarding burial of a veteran or veteran's spouse
           Military Affairs and Disaster and
                                                                                                                                                                     Definitions
Title 10   Emergency Services                  Chapter 1    Militia                             Part 9    Montana National Guard Civil Relief       Section 902                                                                           Defines dependant as spouse or minor child of a service member or any other person legally dependant on the service member for support.
           Military Affairs and Disaster and                                                                                                                         Death while on state duty -- death benefit payment --
Title 10   Emergency Services                  Chapter 1    Militia                            Part 12    Active Duty Death Benefit                Chapter 1201      certification -- rules                                               Provides $50,000 death benefit for national guard member who dies in line of duty.
           Military Affairs and Disaster and                                                              Montana Military Family Relief Fund                                                                                             Provides monetary grants to dependants of national guard members (as defined by section 902) who are activated for federal service in a
                                                                                                                                                                     N/A
Title 10   Emergency Services                  Chapter 1    Militia                            Part 13    Act                                            All                                                                              contingency operation for more than 30 days
           Military Affairs and Disaster and                                                                                                                       Location and function of homes -- persons admitted / Eligibility
Title 10   Emergency Services                  Chapter 2    Veterans                            Part 4    Montana Veterans' Homes                Sections 401, 403 for residence in home                                                  Allows spouses or surviving spouses of veterans to be admitted to Veterans' homes if space allows.
                                                                                                                                                                   Certification of statewide voter registration list -- local lists to   Allows a law enforcement or reserve officer to request that his or her spouse's residential address not be disclosed for security reasons. Also
Title 13   Elections                           Chapter 2    Registration of Electors            Part 1    Registrars                               Section 115     be prepared                                                            allows victims of partner or family member assault to request that their address not be disclosed.
Title 13   Elections                           Chapter 4    Election Judges                     Part 1    Appointment                              Section 107     Qualification of election judges                                       Excludes spouses of a candidate from being an election judge.
                                                                                                          Procedure for Electors Absent From
                                                                                                                                                                     Special absentee election boards -- members -- appointment
Title 13   Elections                           Chapter 13 Election Procedure                    Part 2    the Polling Place                         Section 225                                                                           Excludes spouses of candidates from being a member of a special absentee election board.
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