Attorney General’s Opinions

Volume 31

Opinion

Held

Date

31- 1 A Montana state prisoner's good time, earned and later forfeited under Section 80-740, R.C.M. 1947, cannot be restored. April 1, 1965
31- 2 1.  School district employees must be continuously employed for one year before they are entitled to vacation leave as a matter of right.  2.  School Boards possess discretionary authority to grant vacation leave to employees who have not been continuously employed for one year. May 19, 1965
31- 3 Chapter 38 of Title 75, R.C.M. 1947, is a special statute relating only to elections to submit the question of additional or special levy to the qualified electors and is an exception to the registration statutes, including Section 23-513, R.C.M. 1947, and requires only a ten day notice of election in any school district, including first class districts, and close of registration is not required. May 24, 1965
31- 4 A city electing to use the all purpose single levy authorized by Chapter 82, Laws of 1965, may place the proceeds of the levy in a single fund and appropriate moneys to the various municipal departments from that fund. June 22, 1965
31- 5 The Montana Milk Control Act and lawful orders issued thereunder apply to cooperatives. July 23, 1965
31- 6 1.  A debt cancellation contract between a National Bank and its debtor whereby the balance of a loan is cancelled on the debtor's death is a contract of insurance.  2.  The power and authority of National Banks to enter into debt cancellation contracts is a question of federal law to be decided by the Federal Government and not the State of Montana.  3.  A National Bank which enters into a debt cancellation contract whereby the balance of a loan is cancelled on the debtor's death must qualify and comply with the applicable provisions of the Montana Insurance Code. August 10, 1965
31- 7 The county treasurer cannot register an automobile or issue license plates therefor until the personal property taxes on the automobile have been paid. It should be noted that 50 U.S.C. App., section 574 does not prevent military personnel from procuring Montana license plates should they so desire provided their automobiles are registered and the taxes thereon paid in accordance with Montana law. September 9, 1965
31- 8 A district judge need not certify that a patient is financially responsible for the cost of his treatment when being committed or voluntarily admitted to the State Hospital at Warm Springs. September 10, 1965
31- 9 Special mobile equipment, as defined in section 53-642. R.C.M. 1947, does not come within the term, motor vehicle, in section 84-406(2), R.C.M. 1947. and is, therefore, not assessable the same as motor vehicles. September 17, 1965
31- 10 (1)  That the trustees of any school district are authorized to direct the county treasurer to invest school funds in direct obligations of the federal government, or in savings or time deposits of a bank insured by the F.D.I.C.  (2)  That the interest collected on such deposits shall be credited to such school district. November 16, 1965
31- 11 1.  Section 32-314, R.C.M. 1947, as amended by Chapter 260, Laws of 1965, is effective until December 31, 1966, on which date it is repealed.  2.  The increased per diem for hiqhway inspection provided by Chapter 260, Laws of 1965, may not be paid county commissioners and surveyors who took o·ffice prior to March 9,
1965.
December 16, 1965
31- 12 The additional fifty cent registration fee authorized by amended section 53-106(2), R.C.M. 1947, must be collected by county treasurers and forwarded to the state treasurer as provided by law. December 27, 1965
31- 13 The sheriff must account for and pay the two dollar fee which is paid to him for verification of an application for a dealer's license pursuant to section 53-118, R.C.M. 1947, to the county treasurer. December 30, 1965
31- 14 Moneys collected by the county treasurer as special taxes for rural fire district are public moneys and therefore must be invested in accordance with the provisions of section 16-2816, R.C.M. 1947. January 31, 1966
31- 15 1.  To vote for school trustees in school districts of the second and third class, an elector must be a registered voter.  2.  A board of trustees should follow the provisions of Chapter 5 of Title 23 of the Revised Codes of Montana 1947, as amended with respect to registration of electors in school districts of the second and third class.  3.  If an elector is not a registered voter, he may not vote by taking the oath provided in section 75-1619. February 7, 1966
31- 16 Section 77-157, R.C.M. 1947, does not grant military leave of absence to school teachers, but such leave may be granted by the school district board of trustees. March 16, 1966
31- 17 All drivers' license fees collected by a county must be remitted to the State treasurer without reduction. June 13, 1966
31- 18 A city or town exercising the all purpose levy option would necessarily have to include a general obligation bond levy within such annual mill levy. June 15, 1966
31- 19 National Defense Education Act moneys need not be budgeted. July 12, 1966
31- 20 County Surveyors in counties having a total registered vote of 15,000 or over are to be paid a salary determined in accordance with the formula prescribed by section 25-605, R.C.M. 1947. July 13, 1966
31- 21 Section 69-812, R.C.M. 1947, does not authorize the levy of more than one mill on the taxable value of the property located within the taxing unit. August 24, 1966
31- 22 The county treasurer must register an automobile or issue license plates to non-resident military personnel without requiring the payment of personal property taxes on the automobile. A flat licensing fee is all that can be charged on such automobiles. September 23, 1966
31- 23 (1)  National banks located in Montana may, with the approval of the U.S. Comptroller of the Currency, consolidate without the consent of the state superintendent of banks.  (2)  A national bank formed by consolidating two national banks may conduct a banking business in only one of the consolidated banks. September 29, 1966
31- 24 Custom combiners' trucks which enter the state after the regular assessment date are not subject to personal property taxation until they have been in this state for thirty days. November 16, 1966
31- 25 Cities and towns may use general fund moneys in addition to those realized from the levy authorized by Section 11-1909, R.C.M. 1947, to operate a volunteer fire department. December 8, 1966
  • 21 February 2018
  • Author: Cook, Kevin
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