Montana Contractors' Ass'n v. Department of Highways

715 P.2d 1056, 220 Mont. 392
CourtMontana Supreme Court
DecidedMarch 13, 1986
Docket85-263
StatusPublished
Cited by24 cases

This text of 715 P.2d 1056 (Montana Contractors' Ass'n v. Department of Highways) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Montana Contractors' Ass'n v. Department of Highways, 715 P.2d 1056, 220 Mont. 392 (Mo. 1986).

Opinions

MR. JUSTICE HUNT

delivered the Opinion of the Court.

The appellant, Montana Contractors’ Association, appeals from an order of the Lewis and Clark County District Court granting respondents’ motion for summary judgment.

We affirm.

The issue on appeal is whether the District Court correctly interpreted Section 15-70-101(4), MCA.

There is no substantial dispute about the facts in this case. Appellant is a nonprofit organization of persons, firms, partnerships and corporations engaged in the business of highway construction and supply of construction materials. Appellant filed an action in District Court seeking an interpretation of Section 15-70-101, MCA, dealing with disposition of gasoline and vehicle fuel tax monies. The relevant portions of the statute are as follows:

“15-70-101. Disposition of Funds. All taxes, interest, and penalties collected under this chapter shall be turned over promptly to the state treasurer who shall place the same in the state special revenue fund to the credit of the department of highways. Those funds hereinbelow allocated to cities, towns, and counties shall be paid by the department of highways from the state special revenue fund to such cities, towns, and counties ....
“(4) All funds hereby allocated to counties, cities, and towns shall be disbursed to the lowest responsible bidder according to applicable bidding procedures followed in all cases where the contract for construction, reconstruction, maintenance, or repair is in excess of $4,000.”

The parties admit that not all monies allocated pursuant to Section 15-70-101(4), MCA, have been disbursed to the lowest responsible bidder. Respondents argue that the statute gives them the option of either contracting with private businesses for performance of construction work, or performing the work themselves with their own in-house personnel. Only if the municipality or county chooses [394]*394to submit the work to private contractors, and the cost is in excess of $4,000, must it disburse the funds to the lowest responsible bidder according to applicable bidding procedures. Respondents have followed this practice since Section 15-70-101(4), MCA, was enacted in 1974.

Appellant argues that the statute requires municipalities and counties to submit all highway construction work to bids in all cases where the cost of construction is in excess of $4,000.

Following rejection of procedural motions at a hearing held December 12, 1984, the District Court proceeded to consider the case on cross-motions for summary judgment and the matter was deemed submitted on briefs on December 24, 1984. On March 25, 1985, the court entered its opinion and order which found that this was a proper case for declaratory judgment under Section 27-8-202, MCA, and also concluded that the motion of the respondents for summary judgment must be granted. The court interpreted Section 15-70-101(4), MCA, to mean that funds must be disbursed according to applicable bidding procedures to the lowest responsible bidder only in cases where the cost of construction is in excess of $4,000, and where the municipality or county elects to submit its street and alley construction, reconstruction, maintenance or repair to private contractors. Appellant’s motion for summary judgment was denied. This appeal followed.

One function of the Supreme Court is to construe legislation. In re Powell’s Estate (1963), 142 Mont. 133, 381 P.2d 957. In construing a statute, this Court will look first to the language used. If the statutory language is clear and unambiguous, the statute speaks for itself and there is nothing left for the Court to construe. Gallatin County v. D & R Music & Vending, Inc. (Mont. 1984), [208 Mont. 138,] 676 P.2d 779, 41 St.Rep. 224; Sink v. School District No. 6 (1982), 199 Mont. 352, 649 P.2d 1263. Where the language of the statute is ambiguous, however, the Court resorts to rules of statutory construction. State v. Moore (1977), 174 Mont. 292, 570 P.2d 580. The primary rule of statutory construction is that the Court must attempt to discern and give effect to the intention of the legislature. Section 1-2-102, MCA. State v. Hubbard (1982), 200 Mont. 106, 649 P.2d 1331.

The initial step is to determine whether Section 15-70-101(4), MCA, is clear and unambiguous. We hold that it is not. That subsection lends itself to at least two possible interpretations. As the District Court found, the statute can reasonably be interpreted to [395]*395mean bidding is required for all projects which cost more than $4,000, as appellant contends. Alternatively, it can reasonably be interpreted to mean that contracting is not required, but should a municipality or county choose to contract, then it must follow “applicable bidding procedures in all cases where the contract ... is in excess of $4,000,” as respondents contend. Since Section 15-70-101(4) is reasonably subject to more than one interpretation, it is necessary for this Court to construe the státute.

The next step is to determine the intent of the legislature in enacting Section 15-70-101(4), MCA. Legislative intent can be determined in a number of ways. First, this Court presumes that the legislature would not pass meaningless legislation, and the Court must harmonize statutes relating to the same subject, giving effect to each. Crist v. Segna (Mont. 1981), 622 P.2d 1028, 1029, 38 St.Rep. 150, 152. Second, the Court can look to the legislative history of the statute. Department of Revenue v. Puget Sound Power and Light Co. (1978), 179 Mont. 255, 587 P.2d 1282. Third, great deference and respect must be shown to the interpretations given the statute by the officers and agencies charged with its administration. State by and through its Dept. of Highways v. Midland Materials (Mont. 1983), [204 Mont. 65.] 662 P.2d 1322, 40 St.Rep. 666; Northern Cheyenne Tribe v. Hollowbreast (1976), 425 U.S. 649, 96 S.Ct. 1793, 48 L.Ed.2d 274.

There are numerous statutes other than Section 15-70-101, MCA, that deal with the reconstruction, maintenance and repair of highways, alleys, streets and the like. A review of those statutes indicates no limitation such as that advocated by the appellant. Rather, the statutes are replete with authorizations for such work to be done by municipality and county in-house personnel. For example, Section 60-2-112, MCA, states:

“. . . (3) The [Highway] commission may enter into contracts with units of local government for the construction of projects without competitive bidding if it finds that the work can be accomplished at lower total costs . . . .”

Section 60-2-201, MCA, states:

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Montana Contractors' Ass'n v. Department of Highways
715 P.2d 1056 (Montana Supreme Court, 1986)

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Bluebook (online)
715 P.2d 1056, 220 Mont. 392, Counsel Stack Legal Research, https://law.counselstack.com/opinion/montana-contractors-assn-v-department-of-highways-mont-1986.