Montana Attorney General Opinion 15-469

Opinion No. 469 Schools-High Schools-Budget- Tl'llnsportation of Students-Rent of Quarters for Students. HELD: Upon recommendation of the county superintendent the county commissioners may include in any high school budget an amount sufficient to pay for the transportation of, or rent of quarters for, students eligible for high school. Nothing in addition to the general OPINIQXS OF THE ATTORNEY GENERAL 325 budget or general levy can be made available for this purpose. February 17, 1934. You ask whether or not the limita- tions of the high school budget and levr laws, Sections 5 and 11 of Chapter 178 of the Laws of Montana, 1933, require that the cost of transportation or rent for students as authorized by Section 44 of Chapter 148, Laws of 1931, as amended by Chapter 156, Laws of 1933, and as authorized hy Section 18, sub- Chapter 4 of Chapter 1-18, Laws of 1931, be included within the general terms of preliminary budgets and general le,y or whether they may he provided for in addition to such preliminary budget and general levy. ·We advise you as follows: The requirements for the prelimin- ary budget and the levy are not iden- tical. Section 18, sub-Chapter 4 of Chap- ter 148 of the Laws of 1931, relating to transportation of children by boards of trustees of a school district, pro- vides that the moneys needed to defray the expenses of such rent of quarters or of such transportation may be in- cluded in the amount to be raised by the special county tax for the main- tenance of such high schools. Upon recommendation of the county super- intendent the county commissioners may include in any high school budget an amount sufficient to pay for the transportation of or rent of quarters for students eligible for high school. This statute requires that the money required must be included within the hudget as limited and the levy as au- thorized. Nothing in addition to the general budget or general levy can he made available for this purpose. Section 18, sub-Chapter 4 of Chapter 148 of the Laws of 1931, does not au- thorize any increase of the preliminary budget to carry out its provisions. Sec- tion 11 of Chapter 178 of the Laws of 1933 is a later statute than the statute in relation to the transportation of high school students or the expenseH for their rent and therefore controls. It is apparently intended that its re- quirements should be a limit upon the taxation for all purposes; and there- fore the expenses of transportation and rent of pupils cannot be made a sub- ject to levy, except as provided in such Scction 11.