Montana Attorney General Opinion 17-42

Opinion No. 42. University of Montana-State Board of Education-Powers to Collect Fees from Students for Student Union Building. HELD: The State Board of Edu- cation has power to collect fees from students for Student Union Building. February IS, 1937. Hon. Ray N. Shannon State Treasurer The Capitol Dear Mr. Shannon: You have submitted the following: "We have two funds in trust for the University of Montana. The University Students Union Building Interest and Sinking Fund. 44 OPINIONS OF THE ATTORNEY GENERAL This money is accumulated through $5.00 charged each student per year. These fees, plus the net profit de- rived from the operation of the build- ing, go to make up the amount in the fund. The second fund they have, is built up by a $5.00 fee assessed each student per quarter, or $15.00 per school year, which is placed in what is known as the Montana State Uni- versity Building Fund. How far can the State Board of Education go in the levying of fees or building tax, which these fees represent? At present, each student is required, through a resolution passed by the State Board of Education, to pay $20.00 per year for building funds. Is a fee a tax, or is it just a charge for education?" While your questions are rather general, in my opinion authority to collect the fees in question by the State Board of Education, has been granted by Chapters 10 and 24, Laws of 1933-34, Extraordinary Session, and Chapter 133, Laws of 1935. We also call your attention to the following decisions by our Supreme Court: State ex re1. Veeder v. State Board of Edu- cation et a1., 97 ~10nt. 121, 33 Pac. (2) 516; State ex re1. Wilson v. State Board of Education et aI., 102 Mont. 165, 56 Pac. (2) 1079; State ex reI. Dragstept v. State Board of Education et aI., 103 Mont. 336, 62 Pac. (2) 330, and the cases therein cited. We call your attention particularly to the language of the Supreme Court on pages 135 and 136 in 97 Montana.