Montana Attorney General Opinion 15-243

Opinion No. 243 County Commissioners-Grasshopper Extermination-Budget. HELD: In making up the county hud- get, under the pro,-isions of the Rnl]~et Act, the board of county commissioners may include therein the IH'ohable cost of exterminating grasshoppers in agri- cultural areas during the fiscal ypar and make a tax levy accordingly. If this is not done or if the amount raiser] is inadequate. the board may rlf'al with the situa tion hy decla rin)! a puhlie emergency. .T une In. 1933. You call our attention to the fact that grasshoppel's in large numhers ha "e in- "aded agricultural districts in some of the northern tier of counties of the state and 'lire causing gra "e damage to grow- ing crops and grass, and ask for advice as to the hest way to meet the Hitua- tion. It appears that -the state has little. if any, money availahle for the destrue- tion of insect pests, and tha t the Con- gress recently failed to make an appro- priation for the purpose. The counties nffected are. as a consequence, thl'own hugely on their own resources. Under the provisions of Section 4501. Ilevised Codes l!l21. the board of coun- t~' commissioners of any county may appoint some suitahle person or persons acting under the direction of the state entomologiSt, to poison or otherwise de- stroy grasshoppel'S, and in order to do so he, or they, may enter upon any fnrm, railroad right of way, groundi". or premises infested with them. Under the provisions of Section 450:~, id., as amended by Section 2, Chapter 25, Laws of 1923, the board of county commissioners is 11 uthorizC{\ to pur- ('hase quantities of poison for use in the extermination of grasshoppers and other insect pests. In making up the county budget under the pro\'isions of Chapter 148, IJaw3 of 1!)29. the board of eounty commissioners may include therein the probable cost of extermi- nating grasshoppers in agricultural areas during the fiscal year nnd make a tax levy accordingly. Should there be none mnde or should the amount raised prove inndequate, it is our "iew that the hoard may denl with the situation by declaring a puhlic emergency under the authority given by Section 6 of said Chapter 148. In that wa~- -the fund can he replenishel] or ('relitI'll and the work of Ilf'strnction go forwa I'd to i"uccei"S.