15-514

Montana Attorney General Opinion 15-514

Length: 288 wordsOfficial source

Cite as 15 Mont. Op. Att'y Gen. No. 514

Opinion No. 514 Relief-Relief Commission-Supplies, Pm'chase of -State Pur- chasing Agent. HELD: Jt is not necessary that pur- chases of supplies for the Montana Re- lief Commission be made through the State Purchasing Agent. April 16, 1034. Inquiry is made as to whether pur- chases made in the administration of relief funds by the Montana Relief Commission as provided by Chapter 56 of the Laws of the Extraordinary Ses- sion, 193.'3-1034, may be made by the Commission or must he made through the Purchasing Department. This law provides that the funds shall be administered under the same rules and regulations provided by such Commission for the administration of Federal relief funds. Chapter 10 of the Political Code, and particularl~' Sec- tion 285, R. C. ~L 1921, relate to the power of the PurchaSing Agent and proYide that all supplies are to be pur- chased through the State Purchasing Agent. The various sections of this Chapter ha\'e been somewhat amended. The law explaining the duties of the Purchasing Agent certainly applies to all departments of the State Govern- ment unless express proviSions else, where contained demand otherwise. It would appear that it was the in- tent of the State Legislature that, (by reason of the necessity of the Bmer· gency Relief Commission ha \'ing to make purchases throughout various parts of the State, and to distribute supplies so purchased immediately to those in need) it was impossible to make purchases through the State Pur- chaSing Department, and to substitute for such method of making purchases the rules and regulations proyided by such Commission for the Administra- tion of Federal Relief Funds. I, therefore, believe that it is not necessary that such purchases he made through the Htate Purchasing Agent.