Attorney General’s Opinions

Volume 29

Opinion

Held

Date

29- 1 1.  That by virtue of Section 7, Chapter 142, Laws of 1949, Section 75-2518, Revised Codes of Montana, 1947, teachers who held Applied Music Certificates on May 1, 1949, are entitled to have the same renewed.  2.  The State Board of Education does not have the authority to grant Applied Music Certificates to music teachers. February 16, 1961
29- 2 1.  A domestic building and loan association does not have the power to authorize an agent to accept payment on loans made by the association or to repurchase share accounts of the association.  2.  A domestic building and loan association is not authorized under our statutes to establish a branch office. March 15, 1961
29- 3 That the board of trustees of a county high school does not have the authority to establish a branch of the county high school in another town or city in the county. March 29, 1961
29- 4 1.  A board of trustees in preparing the preliminary budget for its school may anticipate the funds to be realized from the Public School Classroom Unit Assistance Fund notwithstanding the fact the effective date of Chapter 245, Laws of 1961, is July 1, 1961, and may extend the amount to be expended by the amount so anticipated if used in the budget above the permissive increase.  2.  Funds distributed under Chapter 245, Laws of 1961, may be used without an election in lieu of any district levy in the general fund providing the 5 mill levy is made or may be used above the authorized permissive increase with a resulting increase of spending power in the budget.  3.  The State Superintendent of Public Instruction may make such rules and definitions concerning "classroom units" and "regular classroom teachers" as necessary for the administration
of the act, provided however. that fulltime superintendents, principals, and guidance personnel cannot be considered as classroom teachers in computing classroom units.
April 24, 1961
29- 5 1.  Tubercular patients of other states may be treated at the Montana State Tuberculosis Sanitarium subject to the preference on admission of Montana residents.  2.  Montana may contract with other states for the care of their tubercular patients. April 24, 1961
29- 6 Civilian employees of the Montana National Guard eligible for membership in Public Employees Retirement System under Section 68-1316, Revised Codes of Montana, as amended by Chapter 181, Laws of 1961, are not rendered ineligible by membership and participation in an Armed Forces Reserve retirement or pension program, credit for which is earned by service other than that rendered as such civilian employee. May 12, 1961
29- 7 Legislature may appropriate moneys for its own operation when deficit exists in the general fund. January 4, 1961
29- 8 Moneys in War Veterans' Compensation Bond Retirement Funds may be used solely for payment of interest and principal on War Veterans' Compensation Bonds. January 12, 1961
29- 9 The governor has the authority to approve of the purchase of automobiles by the State which are not of the "low-priced" field. May 2, 1961
29- 10 Proceeds from work or chemical sales reverting to "noxious weed fund" may be expended for purposes of weed control during the fiscal year in which received notwithstanding that such re-use will result in warrants drawn against such fund exceeding, in the aggregate, the estimated expenditures appropriated in the current county budget: provided that such warrants shall not exceed cash on hand in the "noxious weed fund" at the time of issuance thereof. May 15, 1961
29- 11 Police officer who resigns from city police force is not entitled to withdraw his contribution from the Police Pension Fund. May 16, 1961
29- 12 1.  Applicants for licensure, by examination to the practice of chiropractic in this state must have the academic and professional training as established by Section 66-505, RCM, 1947.  2.  Applicants for licensure, by reciprocity, to the practice of chiropractic in this state need not have the educational requirements as established by Section 66-505, RCM, 1947, if they have practiced in, and have been licensed by, a state
which has educational admission standards equal to the State of Montana's.
May 17, 1961
29- 13 County Commissioners paid on a per diem basis cannot receive compensation for days spent on annual vacation leave. May 23, 1961
29- 14 1.  That a transfer of money may not be made from the road fund to the bridge fund.  2.  That the Board of County Commissioners is not authorized to transfer any surplus money from one county fund to another
county fund during the fiscal year, and such so-called surplus monies must be used to reduce the tax for such fund in the next ensuing budget.
May 29, 1961
29- 15 County officers who were elected and took office prior to the enactment of Chapter 195, Laws of 1961 should not, during their present term of office, be paid according to the salary schedule contained in that act. June 13, 1961
29- 16 Costs may be deducted from fines collected by district courts from children under eighteen years of age for unlawful operation of motor vehicles. June 14, 1961
29- 17 1.  That the computation of the foundation program for a junior college shall be made according to the schedule and at the rates found in Section 75-3612, RCM, 1947, as amended, and the ANB so determined shall be separate from and independent of the determination of the ANB of the accredited high school of which the junior college is a department.  2.  The foundation program of a junior college may be increased
by the permissive levy authorized in Section 75-4518.1. RCM. 1947, independent of, and without being restricted by the permissive increase which may be levied for the high school of which the junior college is a department.  3.  The tuition charges which ma.y be imposed, as provided in Section 75-4409, RCM, 1947, may be anticipated to increase the authorized budget of the junior college above the foundation program and permissive increase without the necessity of a vote of the qualified electors.
June 23, 1961
29- 18 "Volume of Business," the basis upon which state liquor stores are classified under Section 4-114, RCM, 1947, means the total revenues charged and collected by such store in the performance of any of its statutory duties. June 30, 1961
29- 19 Chapter 66, Laws of Montana, 1961, requires that EVERY acceptable security for public deposits, when substituted for the securities originally given, must have, together with the market value of the original securities for which no substitution is made, a market value of one hundred and ten dollars for every one hundred dollars of public deposits. July 10, 1961
29- 20 Montana Fish and Game Department may issue certificates of numbers on motor boats and vessels without having a certificate of tax payment on such property where the boat owner is the owner of real property or is exempt from the payment of Montana property taxes. July 25, 1961
29- 21 County attorney is not required by law to render legal services to the county airport board. If the commission desires his services he is entitled to be paid accordingly. August 8, 1961
29- 22 Stockholders or members of a non-profit corporation or cooperative association may delegate authority to the board of directors to amend the bylaws to make provision for changing the number of directors, subject to the restriction imposed by Section 15-401, RCM, 1947. Without such delegation of authority the board of directors cannot amend the corporate bylaws. August 23, 1961
29- 23 An association, organized and incorporated pursuant to Chapter 13, Title 5, RCM, 1947, known as a Morris Plan Company is prohibited by Section 5-1309 (b), RCM, 1947, from loaning money for a longer period than one year. September 12, 1961
29- 24 Certain regulatory boards which are allowed by law to collect fees must deposit such fees with the State Treasurer as trust funds. September 14, 1961
29- 25 1.  The warden of the state prison need not accept any legal materials sent to the prison for use in the library which he has not so ordered or requested.  2.  A convict has the riqht to contact any attorney of his choice.
or any bona fide corporation or association organized for the purpose of providing legal counsel for impecunious individuals.
September 29, 1961
29- 26 1.  The board of trustees of the district in which a school building of an abandoned school district is located should call the meeting of the residents of the territory of the abandoned district for considering the sale of school property as provided in Section 75-1522, RCM, 1947.  2.  School property may be sold under the provisions of Section 75-1634, RCM, 1947. without provision for competitive bidding and any reasonable method of sale may be used. September 29, 1961
29- 27 1.  The board of trustees of a high school has the power to take an option on a new high school site in which option it may be provided that the consideration paid for the option will be applied on the purchase price if the option is exercised by the trustees.  2.  The board of trustees of a high school is not authorized nor does it have the power to acquire by purchase a site for a new high school building. not contiguous to a site now
used for high school purposes. unless the qualified electors at an election approve the purchase of the site.
October 10, 1961
29- 28 Members of the Montana State Board of Pharmacy are entitled to receive their necessary expenses incurred in attending board meetings, even though such expenses are in excess of eight dollars ($8.00) per day. October 11, 1961
29- 29 1.  The State Board of Barber Examiners may issue only an apprentice license to a physically handicapped barber trainee trained by the State Bureau of Civilian Rehabilitation and certified by that department as having successfully completed the required course in the absence of his passing a satisfactory and practical examination to determine his fitness to practice barbering.  2.  Such trainee need not serve an apprenticeship of one year prior to registration as a barber if he: (a) is qucrlifi.ed to take the examination for license as a barber, and, (b) takes and passes such examination.  3.  Such trainee may practice barbering for a period of one year immediately following his training without examination and without a license. October 13, 1961
29- 30 Privately owned trailer-houses must be assessed at the same time that other motor vehicles are assessed on the first day of January, unless they qualify for exclusion by one of the following exceptions: a. Trailer-houses held by a licensed motor vehicle dealer as stock in trade must be assessed on the first Monday in March: b. Trailer-houses affixed to land owned, leased, or under contract of purchase by the trailer owner must be assessed on the first Monday in March. c. Trailer-houses brought into the state as migratory personal property are assessable only after they have remained within the state for a period in excess of thirty days, and at that time they are assessable in the same manner as if they had been in the state on the regular assessment date. December 7, 1961
29- 31 The trustees of a county high school may request the division of the county into high school districts and that the high school district in which the county high school is located may incur bonded indebtedness for building purposes up to the 5 per cent limitation of indebtedness fixed by Section 6, Article XIII of the Montana Constitution without restricting or limiting the issuance of bonds by the county for county high school purposes. December 21, 1961
29- 32 1.  A board of county commissioners must call an election in not less than 30 nor more than 60 days after receiving a petition requesting the call for an election submitting the proposition as to whether the board of trustees of the county high school shall be elected.  2.  Registration is not a requirement for eligibility to vote on the question of the election of county trustees held pursuant to Section 75-4103, ReM, 1947, as amended.
3.  The election of the first board of trustees of a county high school must be held on the first Saturday in April subsequent to the election approving the elective manner of selecting trustees of a county high school.  4. Only resident qualified electors of the school district in which the county high school is located may vote for the county high school trustees to be elected from the school district.  And only resident qualified electors of a trustee district may vote for the trustee to be elected from the trustee districts.
December 22, 1961
29- 33 Chiropodists licensed under the laws of this state may legally prescribe drugs as a part of their professional treatment. However, the right to administer or prescribe drugs is limited to the direct treatment of an ailment of the human foot. December 28, 1961
29- 34 1.  The board of trustees of a high school district may, by resolution and without having received a petition, call an election to vote on the proposition of issuing high school district bonds.  2.  A bond election in a high school district may be initiated by petition signed by 30 per cent of the qualified electors of the high school district. December 29, 1961
29- 35 Although Section 31-149 did not become effective until July 1, 1961, the Montana Highway Patrol Board must consider an offense of driving while under the influence of intoxicating liquor within five years prior to the effective date of Section 31-149. February 2, 1962
29- 36 Both resident and non-resident applicants holding real estate broker or real estate salesman license, must display the same in the definite place of business serving as a home office in Montana pursuant to Section 66-1914, Revised Codes of Montanal, 1947. February 21, 1962
29- 37 1.  Motor vehicle accident reports prepared by law enforcement officers pursuant to the provisions of the Uniform Accident Reporting Act are public records.  2.  Such accident reports are not open to public inspection. February 26, 1962
29- 38 Persons who own land within territory proposed to be transferred to another school district pursuant to the provisions of Section 75-1805, RCM, 1947, but whose dwelling houses lie outside such territory are not "resident taxpayers" within the meaning of Section 75-1805. March 21, 1962
29- 39 A county superintendent of schools whose teaching certificate expiring during her incumbency could be disqualified from continuing to hold her office. April 11, 1962
29- 40 1.  A county which acquires title to real property by tax deed is liable for the payment of installments of special improvement assessments which become due AFTER the execution of the tax deed.  2.  The issuance of a tax deed extinguishes the lien for installments of special improvement assessments on the property which became due before the execution of the tax deed. April 11, 1962
29- 41 Chapter 14, Session Laws of 1941 has no application to (l) Water Analysis Fund (146), (2) Special Examination Fund (235), (3) Fire Protection Fund (155), (4) Timber Stand Improvement Fund (100), (5) Slash and Brush Disposal Fund (I56), since they are special funds established through moneys derived from a special purpose and are used solely to defray the cost of the said special purpose. That without these funds the special purpose in each instance would be rendered inoperative. Hence the funds are not illegal. April 12, 1962
29- 42 The two mill levy provided for by Section 84-429.8, RCM, 1947, is to continue in effect for only a five year period and thus will not be in effect after July, 1962. May 15, 1962
29- 43 A foreign corporation having less than three (3) directors on its managing board cannot be admitted to do business in Montana. May 16, 1962
29- 44 1.  The fact there is an accredited high school in one of the school districts of a high school district will not deprive or limit the right of any one of the other school districts comprising the high school district to petition the State Superintendent of Public Instruction for the establishment of a district high school.  2.  A high school district is a legal entity with limited powers and is not authorized to operate a high school. May 25, 1962
29- 45 The board of trustees of a school district may not refuse to admit non-resident elementary school pupils who come within the conditions prescribed by Section 75-1630, RCM, 1947. August 7, 1962
29- 46 1.  Where a county commissioner dies after a primary election but before a general election, nominees for the vacancy thus created may be selected according to the methods provided by Chapter 8 of Title 23, RCM, 1947, specifically, Sections 23-801 and 23-804.  2.  Section 23-807 does not apply to such an election.  3.  Separate ballots need not be provided for such an election. August 24, 1962
29- 47 A county is authorized to levy a special tax upon the assessable property within the county in an amount sufficient to pay the contributions required to the Public Employees' Retirement System when such moneys are not available from general revenue sources. September 18, 1962
29- 48 The operator of a motorcycle or motor-driven cycle while operating the same on the public highways of this state must be licensed under Sections 31-125 or 31-129, RCM, 1947, as amended, unless such operator is exempt from license under Section 31-126, RCM, 1947, as amended. September 28, 1962
29- 49 1.  Contracts for the preparation and service of meals need not be awarded by competitive bidding. 2. The State Purchasing Agent has the power to regulate and control contracts for the preparation and service of meals in college dining facilities.  October 2, 1962
29- 50 A person, firm or corporation maintaining a slaughter house, meat packing house or meat depot in the state handling only poultry is subject to inspection, regulation and licensing by the Livestock Sanitary Board. October 18, 1962
29- 51 The two year limitation imposed by Article XII, Section 12 of the Montana Constitution has no application to Chapter 278, Session Laws of 1955 and Chapter 248, Session Laws of 1957. Said Chapters are limited only by the respective amounts contained therein. November 20, 1962
29- 52 County attorneys elected to office at the general election of November 6, 1962, will hold office for a four year term commencing on the first Monday of January, 1963. November 21, 1962
29- 53 1.  A school district may maintain special classes for educable mentally handicapped children and physically handicapped children.  2.  Triple ANB is not authorized for trainable mentally handicapped children. December 12, 1962
29- 54 Instructors in the safe handling of firearms may allow children under fourteen years of age to carry and use loaded firearms under the supervision of the instructor but in the absence of the child's parents or legal guardian. December 28, 1962
29- 55 1.  If a majority of the board of trustees of a fire district originally appointed are still qualified to act as trustees, and no successors elected and qualified then such board mary enter into contracts on behalf of a fire district. 2.  The board of county commissioners may enter into contracts for fire protection for and on behalf of a fire district if the fire district does not have at least three qualified trustees to conduct the business of the fire district.  December 31, 1962
29- 56 1.  The Montana Rules of Civil Procedure (Chapter 13, Laws of 1961) do not govern procedure in justice court civil actions.  2.  Demurrers to complaint and answer in justice court are not abolished by enactment of the Montana Rules of Civil Procedure. December 31, 1962
29- 57 The polls must be opened at one o'clock in the afternoon on the day of the general election, in precincts having less than one hundred registered electors. December 31, 1962
  • 21 February 2018
  • Author: Cook, Kevin
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