Montana Attorney General Opinion 17-39

Opinion No. 39. Appropriations-Relief-Montana Re- lief Commission. HELD: Montana Relief Commis- sion may not use any money it has on hand from appropriation after the date set for the expiration of such appropriation, to-wit, March 1, 1937. February 8, 1937. Mr. Joseph E. Watson Administrator, Montana Relief Com- mission Helena, Montana Dear Mr. W-atson: You have submitted the following: "Chapter 109, Session Laws of the 24th Legislative Assembly, appropri- ates certain sums of money to the use of the Montana Relief Commis- sion for a period from March 11, 1935. to March 1, 1937. "Since the appropriation for the use of the Commission expires March 1, 1937, is the Commission empowered to use any monies it has on hand from said appropriation after the first of March, 1937. to meet obliga- tions such as administrative costs, relief expenditures, etc., incurred after the first day of March, 1937." Section 20, Chapter 109, Laws of 1935 provides: "For the purpose of carrying out the provisions of this Act, the fol- lowing sums, to-wit: Three Million ($3,000,000) Dollars, or so much thereof as may be necessary, are hereby appropriated out of the relief funds in the State Treasury, for a period beginning the 2nd day of March, 1935, and ending the first day of March, 1937, as in this Act provided, and in order to effectuate such appropriation, the following laws be and the same are hereby amended as follows: *' * *" It is quite evident from the fore- going that the legislature intended that all appropriations should cease after March 1, 1937. Section 304, R. C. M., 1935, provides: "All moneys now or hereafter ap- propriated for any specific purpose shall, after the expiration of the time for which so appropriated, be covered back into the several funds from which originally appropriated; provided, however, that any unex- pended balance in any specific ap- propriation may be used for either of said years for which such appropri- ation has been made." In view of this specific provision of the statute, it is my opinion that the Commission is not empowered to use any moneys it has on hand from said appropriation after the first of March, 1937, to meet obligations in- curred after said date. It might be proper to point out that the period of time for the appropriation made by the legislature as above, is consistent with Section 12, Article XII, of the Montana Constitution, which provides: "No appropriation of public moneys shall be made for a longer term than two years."