Montana Attorney General Opinion 15-458

Opinion No. 458. Schools-Cash Basis-Current Revenue -Delinquent Taxes-"Pay-As-You-Go PlalL" HELD: Under Chapter 34, Laws of the Extraordinary Session, 1933, re- ceipts from delinquent taxes may be considered current revenues to pay cur- rent expenses where school districts are operating on Cash Basis or "Pay- as-you-go Plan." February 14, 1934. You inquire as to the construction of Chapter 34 of the laws passed at the extraordinary session of the legis- lature of 1933-"An Act to Permit School Districts Which Are Indebted to the Limit as Provided by the Con- stitution of the State of Montana to Operate on a Cash Basis." You ask OPINIONS OF THE ATTORNEY GENERAL 317 for a definition of the term "current revenues" as described in said Act and whether or not same includes monev received from delinquent taxes. . The term "current revenues" has' been construed to include taxes for the pnsuing year and all liquid assets, such as delinquent taxes, licenses, fines, and other collectihle revenues. (Georges Township v. Union Trust Company, 143 A. 10; Galion Iron Works and ~fanufacturing Co. v. Hollenback Township, 146 A. 448; Athens National Bank v. Ridgebury Township, 154 A. 791.) Receipts from delinquent taxes may he considered current revenues to pay current expenses when operating un- der a "Pay-as-you·go Plan", provided th.at you have complied with the re- quirements of Chapter 34.