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52 Montana Attorney General Reports and Opinions 1 (2007)

handle is hein.sag/sagmt0004 and id is 1 raw text is: VOLUME NO. 52 COMMUNITY COLLEGES - Legislative approval for organization of community college district; COMMUNITY COLLEGES - Absence of requirement that board of regents approve organization of community college district before submission for legislative approval; REGENTS, BOARD OF - Absence of requirement that board of regents approve organization of community college district before submission for legislative approval; STATUTORY CONSTRUCTION - Reference to bill title as evidence of legislative intent; STATUTORY CONSTRUCTION - Plain meaning controls in absence of ambiguity; UNIVERSITY SYSTEM - legislative approval for organization of community college district; UNIVERSITY SYSTEM - Absence of requirement that board of regents approve organization of community college district before submission for legislative approval; MONTANA CODE ANNOTATED - Title 20, chapter 15, part 2; sections 20-15-202; -203, -204, -209; MONTANA LAWS OF 1971 - Chapter 5, section 459; chapter 164, section 1; chapter 407, section 2; REVISED CODES OF MONTANA, 1947 - Section 75-8112. HELD: 1. The Legislature has the final authority under Montana law to approve creation of a new community college district. 2. The approval of the Legislature for the creation of a new community college district required by Mont. Code Ann. § 20-15-209 occurs after the approval by the local voters but before the Board of Regents issues its organizational order. 3. Montana law does not require approval of the Board of Regents for creation of the district, but does require the Board to make a recommendation. February 15, 2007 OPINION NO. 1