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49 Montana Attorney General Reports and Opinions 1 (2001-2002)

handle is hein.sag/sagmt0020 and id is 1 raw text is: Volume and Opinion Date Number Opinion Held Issued 49-1 Occupational therapists are not authorized by Montana law to 03/12/01 perform iontophoresis. 49-2 The Board of Investments may complete the payment of grants 04/21/01 to the Montana University System from interest and income derived from the Montana Board of Science and Technology Development loans. 49-3 1. A long-term lease with an option to purchase containing a 06/28/01 provision allowing the City to terminate the agreement without penalty if the governing body of the City, in its sole discretion, fails to appropriate funds to make payments due under the lease in any fiscal year, does not create indebtedness of the City. 2. A city may enter a long-term lease with an option to purchase containing a provision allowing the City to terminate the agreement without penalty if the governing body of the City, in its sole discretion, fails to appropriate funds to make payments due under the lease in any fiscal year without first putting the question to a vote of the people. 49-4 A local government may levy additional mills pursuant to Mont. 07/31/01 Code Ann. § 15-10-420(1) (2001) sufficient to make up the difference between the amount reimbursed by the state for light vehicle fees and taxes pursuant to House Bill 124, section 1, and the amount of fees and taxes assessed by the local government for FY 2001. 49-5 1. The mill levy cap provided in Mont. Code Ann. § 15-10-420(1) 08/07/01 (a) (2001), as amended by HB 124, is calculated with reference to the total property tax assessed in the previous year, and not by reference to the amount levied for any particular purpose in any prior year. 2. Local governments may not derive carry forward authority under Mont. Code Ann. § 15-10-420(1)(b) (2001) based on the difference between the mill levy set in 2000 and the amount the local government would have been authorized to levy under Mont. Code Ann. § 15-10-420(1) (1999). 3. The carry forward authority provided in Mont. Code Ann. § 15-10-420(1)(b) (2001), as amended by HB 124, will be available whenever the local government levies fewer mills than would be authorized to reach the mill levy cap provided in subsection (1)(a), and is measured by the difference between the number of mills actually levied and the number of mills the local government would have been allowed to levy to reach the cap. 4. The carry forward mills may be levied in a future year and expended by the local government for any lawful purpose it chooses. 49-6 Telemarketers who are exempt from the registration and 08/09/01 bonding requirements of the Montana Telemarketing Registration and Fraud Prevention Act are not exempt from other provisions of the Act. 49-7 1. Absent the findings required by Mont. Code Ann. § 76-3-511 (2), a local governing body must adopt subdivision regulations 08/17/01

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