2001 Montana Legislature

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SENATE BILL NO. 110

INTRODUCED BY A. ELLIS



A BILL FOR AN ACT ENTITLED: "AN ACT GENERALLY REVISING ELECTION DATES BY ESTABLISHING THE TUESDAY BEFORE MEMORIAL DAY IN MAY AS THE REGULAR SCHOOL ELECTION, TRUSTEE ELECTION, AND STATE PRIMARY ELECTION DATE; AUTHORIZING THE USE OF MAIL BALLOTS FOR CERTAIN SPECIAL LEVIES; PROVIDING FOR THE CONDUCT OF SCHOOL ELECTIONS BY THE COUNTY ELECTION ADMINISTRATOR; ADJUSTING CERTAIN MEETING AND NOTIFICATION DATES TO CONFORM WITH THE ELECTION DATE; AMENDING SECTIONS 7-6-2531, 13-1-101, 13-1-104, 13-1-106, 13-1-107, 13-1-301, 13-1-302, 13-12-205, 13-12-207, 13-13-205, 20-3-304, 20-3-305, 20-3-306, 20-3-307, 20-3-313, 20-3-321, 20-3-324, 20-6-203, 20-6-205, 20-6-206, 20-6-315, 20-6-317, 20-6-704, 20-9-422, 20-15-203, 20-15-206, 20-15-208, 20-15-221, 20-15-222, 20-15-225, 20-20-101, 20-20-105, 20-20-201, AND 20-20-401, MCA; REPEALING SECTIONS 20-20-102, 20-20-103, 20-20-104, 20-20-106, 20-20-107, 20-20-108, 20-20-202, 20-20-203, 20-20-303, 20-20-312, 20-20-313, 20-20-402, 20-20-410, 20-20-411, 20-20-415, 20-20-416, 20-20-417, AND 20-20-421, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY DATE."



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:



     Section 1.  Section 7-6-2531, MCA, is amended to read:

     "7-6-2531.  County may exceed maximum mill levy -- election required. The governing body of a county may raise money by taxation for the support of county government services, facilities, or other capital projects in excess of the levy or levies allowed by law under the following conditions:

     (1)  The governing body shall pass a resolution indicating its intent to exceed the current statutory mill levy on the approval of a majority of the qualified electors voting in an election under subsection (2). The resolution must include:

     (a)  the specific purpose for which the additional money will be used;

     (b)  the specific amount to be raised;

     (c)  the approximate number of mills required; and

     (d)  the specific mill levy limitation to be exceeded.

     (2)  (a) Except as provided in subsection (2)(b), the governing body shall submit the question of the additional mill levy to the qualified electors of the county at the next regular primary election held in an even-numbered year.

     (b)  If the purpose of the special levy designated pursuant to subsection (1)(a) is for the support of a health care facility as described in 7-6-2512, the governing body may submit the question of the additional mill levy to the qualified electors of the county at a general election, at a school election held pursuant to 20-3-304, or at a regular primary election held in an even-numbered year, or by mail ballot.

     (c)  If the majority voting on the question are in favor of the additional levy or levies, the governing body is authorized to exceed the statutory mill levy limit in the amount specified in the resolution for a period not to exceed 2 years."



     Section 2.  Section 13-1-101, MCA, is amended to read:

     "13-1-101.  Definitions. As used in this title, unless the context clearly indicates otherwise, the following definitions apply:

     (1)  "Active elector" means a qualified elector whose name is on the active list.

     (2)  "Active list" means a list of active electors maintained by an election administrator pursuant to 13-2-219.

     (3)  "Anything of value" means any goods that have a certain utility to the recipient that is real and that is ordinarily not given away free but is purchased.

     (4)  "Application for voter registration" means a completed voter registration card submitted to the election administrator and subject to confirmation, as provided in 13-2-207.

     (5)  "Candidate" means:

     (a)  an individual who has filed:

     (i) a declaration or petition for nomination,;

     (ii) acceptance of nomination or appointment as a candidate for public office as required by law;

     (b)  for the purposes of chapter 35, 36, or 37, an individual who has solicited or received and retained contributions, made expenditures, or given consent to an individual, organization, political party, or committee to solicit or receive and retain contributions or make expenditures on the individual's behalf to secure nomination or election to any office at any time, whether or not the office for which the individual will seek nomination or election is known when the:

     (i)  solicitation is made;

     (ii) contribution is received and retained; or

     (iii) expenditure is made; and

     (c)  an officeholder who is the subject of a recall election.

     (6)  (a) "Contribution" means:

     (i)  an advance, gift, loan, conveyance, deposit, payment, or distribution of money or anything of value to influence an election;

     (ii) a transfer of funds between political committees;

     (iii) the payment by a person other than a candidate or political committee of compensation for the personal services of another person that are rendered to a candidate or political committee.

     (b)  "Contribution" Contribution does not mean:

     (i)  services provided without compensation by individuals volunteering a portion or all of their time on behalf of a candidate or political committee or meals and lodging provided by individuals in their private residence for a candidate or other individual;

     (ii) the cost of any bona fide news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication of general circulation;

     (iii) the cost of any communication by any membership organization or corporation to its members or stockholders or employees, as long as the organization is not a primary political committee; or

     (iv) filing fees paid by the candidate.

     (7)  "Election" means a general, regular, special, or primary election held pursuant to the requirements of state law, regardless of the time or purpose.

     (8)  "Election administrator" means the county clerk and recorder or the individual designated by a county governing body to be responsible for all election administration duties, except that with regard to school elections, the term means the school district clerk.

     (9)  "Elector" means an individual qualified and registered to vote under state law.

     (10) (a) "Expenditure" means a purchase, payment, distribution, loan, advance, promise, pledge, or gift of money or anything of value made for the purpose of influencing the results of an election.

     (b)  "Expenditure" Expenditure does not mean:

     (i)  services, food, or lodging provided in a manner that they are not contributions under subsection (6);

     (ii) payments by a candidate for a filing fee or for personal travel expenses, food, clothing, lodging, or personal necessities for the candidate and the candidate's family;

     (iii) the cost of any bona fide news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication of general circulation; or

     (iv) the cost of any communication by any membership organization or corporation to its members or stockholders or employees, as long as the organization is not a primary political committee.

     (11) "Federal election" means a general or primary election in which an elector may vote for individuals for the office of president of the United States or for the United States congress.

     (12) "General election" or "regular election" means an election held for the election of public officers throughout the state at times specified by law, including elections for officers of political subdivisions when the time of the election is set on the same date for all similar political subdivisions in the state. For ballot issues required by Article III, section 6, or Article XIV, section 8, of the Montana constitution to be submitted by the legislature to the electors at a general election, "general election" general election means an election held at the time provided in 13-1-104(1). For ballot issues required by Article XIV, section 9, of the Montana constitution to be submitted as a constitutional initiative at a regular election, regular election means an election held at the time provided in 13-1-104(1).

     (13) "Inactive elector" means an individual whose name is placed on an inactive list.

     (14) "Inactive list" means a list of inactive electors maintained by an election administrator pursuant to 13-2-219.

     (15) "Individual" means a human being.

     (16) "Issue" or "ballot issue" means a proposal submitted to the people at an election for their approval or rejection, including but not limited to initiatives, referenda, proposed constitutional amendments, recall questions, school levy questions, bond issue questions, or a ballot question. For the purposes of chapters 35, 36, or 37, an issue becomes a "ballot issue" ballot issue upon certification by the proper official that the legal procedure necessary for its qualification and placement upon the ballot has been completed, except that a statewide issue becomes an "issue" issue upon approval by the secretary of state of the form of the petition or referral.

     (17) "Person" means an individual, corporation, association, firm, partnership, cooperative, committee, club, union, or other organization or group of individuals or a candidate as defined in subsection (5).

     (18) "Political committee" means a combination of two or more individuals or a person other than an individual who makes a contribution or expenditure:

     (a)  to support or oppose a candidate or a committee organized to support or oppose a candidate or a petition for nomination; or

     (b)  to support or oppose a ballot issue or a committee organized to support or oppose a ballot issue; or

     (c)  as an earmarked contribution.

     (19) "Political subdivision" means a county, consolidated municipal-county government, municipality, special district, or any other unit of government, except school districts, having authority to hold an election for officers or on a ballot issue.

     (20) "Primary" or "primary election" means an election held throughout the state to nominate candidates for public office at times specified by law, including nominations of candidates for offices of political subdivisions when the time for nominations is set on the same date for all similar subdivisions in the state.

     (21) "Public office" means a state, county, municipal, school, or other district office that is filled by the people at an election.

     (22) "Registrar" means the county election administrator and any regularly appointed deputy or assistant election administrator.

     (23) "Special election" means an election other than a statutorily scheduled primary or general election held at any time for any purpose provided by law. It may be held in conjunction with a statutorily scheduled election.

     (24) "Voting machine or device" means any equipment used to record, tabulate, or in any manner process the vote of an elector."



     Section 3.  Section 13-1-104, MCA, is amended to read:

     "13-1-104.  Times for holding general elections. (1) A general election must be held throughout the state in every even-numbered year on the first Tuesday after the first Monday of November to vote on ballot issues required by Article III, section 6, or Article XIV, section 8, of the Montana constitution to be submitted by the legislature to the electors at a general election, unless an earlier date is provided in a law authorizing a special election on an initiative or referendum pursuant to Article III, section 6, and to elect federal officers, state or multicounty district officers, members of the legislature, judges of the district court, and county officers when the terms of the offices will expire before the next scheduled election for the offices or when one of the offices must be filled for an unexpired term as provided by law.

     (2)  A general election must be held throughout the state in every odd-numbered year on the first Tuesday after the first Monday in November to elect municipal officers, officers of political subdivisions wholly within one county and not required to hold annual elections, and any other officers specified by law for election in odd-numbered years when the term for the offices will expire before the next scheduled election for the offices or when one of the offices must be filled for an unexpired term as provided by law.

     (3)  The general election for any political subdivision, other than a municipality, required to hold elections annually shall must be held on school election day, the first Tuesday after the first Monday of before Memorial Day in May of each year, and is subject to the election procedures provided for in 13-1-401.

     (4)  The general election for a municipality required to hold elections annually may be held either on school election day, as provided in subsection (3), or on the first Tuesday after the first Monday in November, at the discretion of the governing body."



     Section 4.  Section 13-1-106, MCA, is amended to read:

     "13-1-106.  Time of opening and closing of polls for all elections -- exceptions exception. (1) Polls must be open from 7 a.m. to 8 p.m., except polling places having fewer than 200 registered electors, which must be open from noon to 8 p.m. or until all registered electors in any precinct have voted, at which time the polls shall must be closed immediately.

     (2)  When an election held under 13-1-104(3) and a school election are conducted in the same polling place, the polls shall be opened and closed at the times set for the school election, as provided in 20-20-106."



     Section 5.  Section 13-1-107, MCA, is amended to read:

     "13-1-107.  Times for holding primary elections. (1) On the first Tuesday after the first Monday in June before Memorial Day in May preceding the general election provided for in 13-1-104(1), a primary election shall must be held throughout the state.

     (2)  On the Tuesday following the second Monday in September preceding the general election provided for in 13-1-104(2), a primary election, if required, shall must be held throughout the state.

     (3)  If the general election for a municipality required to hold annual elections is held in November, as provided in 13-1-104(4), a primary election, if required, shall must be held on the Tuesday following the second Monday in September. In an even-numbered year, the cost of this election must be paid by the municipality."



     Section 6.  Section 13-1-301, MCA, is amended to read:

     "13-1-301.  Election administrator. (1) The county clerk and recorder of each county is the election administrator unless the governing body of the county designates another official or appoints an election administrator.

     (2)  The election administrator is responsible for the administration of all procedures relating to registration of electors and conduct of elections and shall keep all records relating to elector registration and elections.

     (3)  The election administrator may appoint a deputy election administrator for each political subdivision required to hold annual elections under the provisions of 13-1-104(3). Each election administrator or deputy election administrator is responsible for the conduct of the annual elections of such political subdivision, as provided by 13-1-401."



     Section 7.  Section 13-1-302, MCA, is amended to read:

     "13-1-302.  Election costs. (1) Unless specifically provided otherwise, all costs of the regularly scheduled primary and general elections shall must be paid by the counties and other political subdivisions for which the elections are held. Each political subdivision shall bear its proportionate share of the costs as determined by the county governing body.

     (2)  A political subdivision holding an annual election with a regularly scheduled school election shall bear its proportionate share of the costs as determined by the county election administrator and the school district election administrator.

     (3)  The political subdivision for which a special election is held shall bear all costs of the election, or its proportionate share as determined by the county governing body if held in conjunction with any other election.

     (4)  Costs of elections may not include the services of the election administrator or capital expenditures.

     (5)  The county governing body shall set a schedule of fees for services provided to school districts by the election administrator.

     (6)  Election costs shall must be paid from county funds, and any shares paid by other political subdivisions shall must be credited to the fund from which the costs were paid.

     (7)  The proportionate costs referred to in subsection (1) of this section shall may be only those additional costs incurred as a result of the political subdivision holding its election in conjunction with the primary or general election."



     Section 8.  Section 13-12-205, MCA, is amended to read:

     "13-12-205.  Arrangement of names -- rotation listing on ballot. (1) The candidates' names shall must be arranged alphabetically on the ballot according to surnames under the title of the respective offices.

     (2)  (a) Except as provided in subsection (3), if two or more individuals are candidates for nomination or election to the same office, the election administrator shall divide the ballot forms into sets equal in number to the greatest number of candidates for any office. The candidates for nomination to an office by each political party shall must be considered separately in determining the number of sets necessary for a primary election.

     (b)  The election administrator shall begin with a form arranged alphabetically and rotate so that each arrange candidate's name will be at the top of the list for each office on substantially an equal number of ballots candidates' names on the ballot numerically according to filing, with the candidate with the earliest filing placed at the top of the list for each office. If it is not numerically possible to place each candidate's name at the top of the list, the names shall be rotated in groups so that each candidate's name is as near the top of the list as possible on substantially an equal number of ballots.

     (c)  If the county contains more than one legislative district, the election administrator may rotate each candidate's name so that it will be at or near the top of the list for each office on substantially an equal number of ballots in each house district.

     (d)(c)  For purposes of rotation listing by filing, the offices of president and vice president and of governor and lieutenant governor shall must be considered as a group.

     (e)(d)  No more than one of the sets may be used in printing the ballot for use in any one precinct, and all ballots furnished for use in any precinct must be identical.

     (3)  In a precinct where voting devices are used, the election administrator need not rotate list candidates' names, as provided in subsection (2), on paper ballots required under 13-17-305; however, if more than 5% of the electors voting in the precinct in the last preceding general election voted using paper ballots, the election administrator shall rotate list candidates' names according to filing on the paper ballots. If the candidates' names are not rotated, the election administrator shall determine by lot the arrangement of the names on the paper ballot."



     Section 9.  Section 13-12-207, MCA, is amended to read:

     "13-12-207.  Order of placement. (1) The order on the ballot for state and national offices shall must be as follows:

     (a)  If if the election is in a year in which a president of the United States is to be elected, in spaces separated from the balance of the party tickets by a heavy black line shall be the, names and spaces for voting for candidates for president and vice president. The names of candidates for president and vice president for each political party shall must be grouped together.

     (b)  United States senator;

     (c)  United States representative;

     (d)  Governor governor and lieutenant governor;

     (e)  Secretary secretary of state;

     (f)  Attorney attorney general;

     (g)  State state auditor;

     (h)  Public public service commissioners;

     (i)  State state superintendent of public instruction;

     (j)  Clerk clerk of the supreme court;

     (k)  Chief chief justice of the supreme court;

     (l)  Justices justices of the supreme court;

     (m)  District district court judges;

     (n)  State state senators;

     (o)  Members members of the house of representatives.

     (2)  The following order of placement shall must be observed for county offices:

     (a)  clerk of the district court;

     (b)  county commissioner;

     (c)  county clerk and recorder;

     (d)  sheriff;

     (e)  coroner;

     (f)  county attorney;

     (g)  county superintendent of schools;

     (h)  county auditor;

     (i)  public administrator;

     (j)  county assessor;

     (k)  county treasurer;

     (l)  surveyor;

     (m)  justice of the peace.

     (3) The following order of placement must be observed for school district trustee offices:

     (a) elementary district trustees;

     (b) high school trustees.

     (3)(4)  The secretary of state shall designate the order for placement on the ballot of any offices not on the above lists in subsections (1) through (3), except that the election administrator shall designate the order of placement for municipal, charter, consolidated, or confederated local government offices and district offices when the district is part of only one county.

     (4)(5)  Constitutional amendments shall must be placed before statewide referendum and initiative measures. Ballot issues for a county, municipality, school district, or other political subdivision shall must follow statewide measures in the order designated by the election administrator.

     (5)(6)  If any offices are not to be elected, they shall may not be listed, but the order of the offices to be filled shall must be maintained.

     (6)(7)  If there is a short-term and a long-term election for the same office, the long-term office shall must precede the short-term."



     Section 10.  Section 13-13-205, MCA, is amended to read:

     "13-13-205.  When ballots to be available. (1) The election administrator shall ensure that ballots are printed and available for absentee voting at least 45 days prior to an election for those elections held in compliance with 13-1-104(1) and (3) and 13-1-107(1).

     (2)  For elections held in compliance with 13-1-104(2) and (3) and 13-1-107(2), the election administrator shall ensure that ballots are printed and available for absentee voting at least 20 days prior to an election."



     Section 11.  Section 20-3-304, MCA, is amended to read:

     "20-3-304.  Annual election. In each district, an election of trustees must be conducted annually on the regular school election day, the first Tuesday after the first Monday of before Memorial Day in May. Election of trustees must comply with the election provisions of Title 13 and this title."



     Section 12.  Section 20-3-305, MCA, is amended to read:

     "20-3-305.  Candidate qualification and nomination. (1) Except as provided in 20-3-338, any person who is qualified to vote in a district under the provisions of 20-20-301 is eligible for the office of trustee.

     (2)  Except as provided in 20-3-338, any five electors qualified under the provisions of 20-20-301 of any district, except a first-class elementary district, may nominate as many trustee candidates as there are trustee positions subject to election at the ensuing election. The name of each person nominated for candidacy must be submitted to the clerk of the district not less than 40 75 days before the regular school election day at which the person is to be a candidate. If there are different terms to be filled, the term for which each candidate is nominated must also be indicated."



     Section 13.  Section 20-3-306, MCA, is amended to read:

     "20-3-306.  Conduct of Trustee election -- ballot. (1) The trustees of each district shall call a trustee election must be elected on the regular school election day of each school fiscal year under the provisions of 20-20-201 Title 13, except as provided in 20-3-313 and 20-3-344. The trustees shall call and conduct the trustee election in the manner prescribed in this title for school elections and Title 13. Any elector qualified to vote under the provisions of 20-20-301 may vote at a trustee election.

     (2)  The trustee election ballots must comply with the provisions of 13-12-205, be identified by the individual district number, and be substantially in the following form:

OFFICIAL BALLOT

SCHOOL TRUSTEE ELECTION

     INSTRUCTIONS TO VOTERS: Make an X or similar mark in the vacant square before the name of the candidate for whom you wish to vote.

     Vote for (indicate number to be elected) for a 3-year term:

[] (List the names of the candidates for a 3-year term with a vacant square in front of each name.)

     Vote for (indicate number to be elected) for a 2-year term:

     [] (List the names of the candidates for a 2-year term with a vacant square in front of each name.)

     Vote for (indicate number to be elected) for a 1-year term:

     [] (List the names of the candidates for a 1-year term with a vacant square in front of each name.)"



     Section 14.  Section 20-3-307, MCA, is amended to read:

     "20-3-307.  Qualification and oath. (1) A person who receives a certificate of election as a trustee under the provisions of Title 13 or 20-3-313 or 20-20-416 may not assume the trustee position until the person has qualified. The person shall qualify by completing and filing an oath of office with the county superintendent not more than 15 days after the receipt of the certificate of election. After a person has qualified for a trustee position, the person holds the position until a successor has been elected or appointed and has been qualified.

     (2)  If the elected person does not qualify in accordance with this requirement, a person must be appointed in the manner provided by 20-3-309 and shall serve until the next regular election."



     Section 15.  Section 20-3-313, MCA, is amended to read:

     "20-3-313.  Election by acclamation -- notice. (1) If the number of candidates filing for a position or filing a declaration of intent to be a write-in candidate under 13-10-211 is equal to the number of positions to be elected and there is no other reason for the election, the trustees may give notice that an election will not be held. Notice must be given county election administrator may cancel the election in accordance with 13-1-304 and shall give notice of the cancellation no later than 14 75 days before the election.

     (2)  If an election is not held, the trustees shall declare elected by acclamation the candidate who filed for the position or who filed a declaration of intent to be a write-in candidate and issue a certificate of election to the candidate."



     Section 16.  Section 20-3-321, MCA, is amended to read:

     "20-3-321.  Organization and officers. (1) The trustees of each district shall annually organize as a governing board of the district after the regular election day and after the issuance of the election certificates to the newly elected trustees, but not later than the third first Saturday of May June. In order to organize, the trustees of the district must be given notice of the time and place where the organization meeting will be held, and at the meeting, they shall choose one of their number as the presiding officer. In addition, except for the trustees of a high school district operating a county high school, the trustees shall employ and appoint a competent person, who is not a member of the trustees, as the clerk of the district. The trustees of a high school district operating a county high school shall appoint a secretary, who must be a member of the board.

     (2)  The presiding officer of the trustees of any district shall serve until the next organization meeting and shall preside at all the meetings of the trustees in accordance with the customary rules of order. The presiding officer shall perform the duties prescribed by this title and any other duties that normally pertain to a presiding officer."



     Section 17.  Section 20-3-324, MCA, is amended to read:

     "20-3-324.  Powers and duties. As prescribed elsewhere in this title, the trustees of each district shall:

     (1)  employ or dismiss a teacher, principal, or other assistant upon the recommendation of the district superintendent, the county high school principal, or other principal, as the board considers necessary, accepting or rejecting any recommendation as the trustees in their sole discretion determine, in accordance with the provisions of Title 20, chapter 4;

     (2)  employ and dismiss administrative personnel, clerks, secretaries, teacher aides, custodians, maintenance personnel, school bus drivers, food service personnel, nurses, and any other personnel considered necessary to carry out the various services of the district;

     (3)  administer the attendance and tuition provisions and govern the pupils of the district in accordance with the provisions of the pupils chapter of this title;

     (4)  call, conduct, and certify notify the county election administrator regarding the elections of the district in accordance with the provisions of the school elections chapter of Title 13 and this title;

     (5)  participate in the teachers' retirement system of the state of Montana in accordance with the provisions of the teachers' retirement system chapter of Title 19;

     (6)  participate in district boundary change actions in accordance with the provisions of the districts chapter of this title;

     (7)  organize, open, close, or acquire isolation status for the schools of the district in accordance with the provisions of the school organization part of this title;

     (8)  adopt and administer the annual budget or a budget amendment of the district in accordance with the provisions of the school budget system part of this title;

     (9)  conduct the fiscal business of the district in accordance with the provisions of the school financial administration part of this title;

     (10) subject to 15-10-420, establish the ANB, BASE budget levy, over-BASE budget levy, additional levy, operating reserve, and state impact aid amounts for the general fund of the district in accordance with the provisions of the general fund part of this title;

     (11) establish, maintain, budget, and finance the transportation program of the district in accordance with the provisions of the transportation parts of this title;

     (12) issue, refund, sell, budget, and redeem the bonds of the district in accordance with the provisions of the bonds parts of this title;

     (13) when applicable, establish, financially administer, and budget for the tuition fund, retirement fund, building reserve fund, adult education fund, nonoperating fund, school food services fund, miscellaneous programs fund, building fund, lease or rental agreement fund, traffic education fund, impact aid fund, interlocal cooperative agreement fund, and other funds as authorized by the state superintendent of public instruction in accordance with the provisions of the other school funds parts of this title;

     (14) when applicable, administer any interlocal cooperative agreement, gifts, legacies, or devises in accordance with the provisions of the miscellaneous financial parts of this title;

     (15) hold in trust, acquire, and dispose of the real and personal property of the district in accordance with the provisions of the school sites and facilities part of this title;

     (16) operate the schools of the district in accordance with the provisions of the school calendar part of this title;

     (17) establish and maintain the instructional services of the schools of the district in accordance with the provisions of the instructional services, textbooks, vocational education, and special education parts of this title;

     (18) establish and maintain the school food services of the district in accordance with the provisions of the school food services parts of this title;

     (19) make reports from time to time as the county superintendent, superintendent of public instruction, and board of public education may require;

     (20) retain, when considered advisable, a physician or registered nurse to inspect the sanitary conditions of the school or the general health conditions of each pupil and, upon request, make available to any parent or guardian any medical reports or health records maintained by the district pertaining to the child;

     (21) for each member of the trustees, visit each school of the district not less than once each school fiscal year to examine its management, conditions, and needs, except trustees from a first-class school district may share the responsibility for visiting each school in the district;

     (22) procure and display outside daily in suitable weather on school days at each school of the district an American flag that measures not less than 4 feet by 6 feet;

     (23) provide that an American flag that measures approximately 12 inches by 18 inches be prominently displayed in each classroom in each school of the district, except in a classroom in which the flag may get soiled. This requirement is waived if the flags are not provided by a local civic group.

     (24) adopt and administer a district policy on assessment for placement of any child who enrolls in a school of the district from a nonpublic school that is not accredited, as required in 20-5-110;

     (25) upon request and in compliance with confidentiality requirements of state and federal law, disclose to interested parties school district student assessment data for any test required by the board of public education; and

     (26) perform any other duty and enforce any other requirements for the government of the schools prescribed by this title, the policies of the board of public education, or the rules of the superintendent of public instruction."



     Section 18.  Section 20-6-203, MCA, is amended to read:

     "20-6-203.  District consolidation. Any two or more elementary districts in one county may consolidate to organize an elementary district. The consolidation shall must be conducted under the following procedure:

     (1)  At the time the consolidation proposition is first considered, the districts involved shall jointly determine whether the consolidation shall is to be made with or without the mutual assumption of the bonded indebtedness of each district by all districts included in the consolidation proposition.

     (2)  A consolidation proposition may be introduced, individually, in each of the districts by either of the two following methods:

     (a)  the trustees may pass a resolution requesting the county superintendent to order notify the county election administrator of an election to consider a consolidation proposition involving their district; or

     (b)  not less than 20% of the electors of an elementary district who are qualified to vote under the provisions of 20-20-301 may petition the county superintendent requesting to notify the county election administrator of the need to call an election to consider a consolidation proposition involving their resident district.

     (3)  When the county superintendent has received a resolution or a valid petition from each of the districts included in the consolidation proposition, he the county superintendent shall, within 10 days after the receipt of the last resolution or petition and as provided by 20-20-201, order notify the trustees of county commissioners representing each elementary district included in the consolidation proposition to of the need to call a consolidation election.

     (4)  Each district, individually, The county commissioners shall call and conduct an election in the manner prescribed in this title Title 13 for school elections. In addition:

     (a)  if the districts to be consolidated are to mutually assume the bonded indebtedness of each district involved in the consolidation, the consolidation election also shall must follow the procedures prescribed in 20-6-206; or

     (b)  if the districts to be consolidated are not to mutually assume the bonded indebtedness of each district involved in the consolidation, the consolidation election also shall must follow the procedures prescribed in 20-6-207.

     (5)  After the county superintendent election administrator has received the election certification under the provisions of 20-20-416 from the trustees of each district included in a consolidation proposition Title 13, he the election administrator shall determine if the consolidation proposition has been approved in each district. If each district has approved the consolidation proposition, he the county election administrator shall, within 10 days after the receipt of the last election certificate, order the consolidation of such the districts. If it be for the consolidation is with the mutual assumption of bonded indebtedness of each elementary district by all districts included in the consolidation order, such the order shall must specify that all the taxable real and personal property of the consolidated district shall must assume the bonded indebtedness of each district. In addition, such the order shall must specify the number of the consolidated elementary district and shall must contain the county superintendent's appointment of the trustees for the consolidated district, who shall serve until a successor is elected at the next succeeding regular school election and is qualified. The superintendent county election administrator shall send a copy of such the order to the board of county commissioners and to the trustees of each district incorporated in the consolidation order.

     (6)  If any district included in the consolidation proposition disapproves the consolidation proposition, the consolidation of all districts shall fail fails, and the county superintendent election administrator shall notify each district of the disapproval of the consolidation proposition."



     Section 19.  Section 20-6-205, MCA, is amended to read:

     "20-6-205.  Elementary district annexation. An elementary district may be annexed to another elementary district located in the same county when one of the conditions of 20-6-204 is met in accordance with the following procedure:

     (1)  At the time the annexation proposition is first considered, the districts involved shall jointly determine whether the annexation shall is to be made with or without the joint assumption of the bonded indebtedness of the annexing district by the district to be annexed and the annexing district.

     (2)  An annexation proposition may be introduced in the district to be annexed by either of the two following methods:

     (a)  the trustees may pass a resolution requesting the county superintendent to order notify the county election administrator of the need to call an election to consider an annexation proposition for their district; or

     (b)  not less than 20% of the electors of the district who are qualified to vote under the provisions of 20-20-301 may petition the county superintendent to notify the county election administrator requesting of the need to call an election to consider an annexation proposition for their district.

     (3)  Before ordering an election on the proposition, the county superintendent commissioners shall first receive from the trustees of the annexing district a resolution giving him the commissioners the authority to annex such the district.

     (4)  When the county superintendent has received commissioners receive authorization from the annexing district, he they shall, within 10 days after the receipt of the resolution or a valid petition from the district to be annexed and as provided by 20-20-201, order the trustees of the district to be annexed to call an annexation election.

     (5)  The district shall call and county shall conduct an election in the manner prescribed in this title for school elections Title 13. In addition:

     (a)  if the district to be annexed is to jointly assume with the annexing district the bonded indebtedness of the annexing district, the annexation election shall must also follow the procedures prescribed in 20-6-206; or

     (b)  if the district to be annexed is not to jointly assume with the annexing district the bonded indebtedness of the annexing district, the annexation election shall must also follow the procedures prescribed in 20-6-207.

     (6)  After the county superintendent has received the election certificate from the trustees of the district county conducting the annexation election under the provisions of 20-20-416 Title 13 and this title and if the annexation proposition has been approved by such the election, he the county superintendent shall order the annexation of the territory of the elementary district voting on such the proposition to the elementary district that has authorized the annexation to its territory. Such The order shall must be issued within 10 days after the receipt of the election certificate and, if it be for annexation with the assumption of bonded indebtedness, shall must specify that all the taxable real and personal property of the annexed territory shall must jointly assume with the annexing district the existing bonded indebtedness of the annexing district. The county superintendent election administrator shall send a copy of the order to the board of county commissioners and to the trustees of the districts involved in the annexation order.

     (7)  If the annexation proposition is disapproved in the district to be annexed, it shall fail fails and the county superintendent election administrator shall notify each district of the disapproval of the annexation proposition."



     Section 20.  Section 20-6-206, MCA, is amended to read:

     "20-6-206.  Consolidation or annexation election with assumption of bonded indebtedness. A consolidation election involving the mutual assumption of bonded indebtedness by the elementary districts to be consolidated, as prescribed in 20-6-203, or an annexation election involving the joint assumption of bonded indebtedness by the elementary district to be annexed, as prescribed in 20-6-205, shall must comply with the following procedures in addition to those prescribed by this title for other school elections:

     (1)  In a consolidation election, the ballots shall must read, after stating the consolidation proposition, "FOR consolidation with assumption of bonded indebtedness" and "AGAINST consolidation with assumption of bonded indebtedness".

     (2)  In an annexation election, the ballots shall must read, after stating the annexation proposition, "FOR annexation with assumption of bonded indebtedness" and "AGAINST annexation with assumption of bonded indebtedness".

     (3)  Any elector qualified to vote under the provisions of 20-20-301 may vote.

     (4)  When the trustees county commissioners in the county representing each elementary district conducting an election canvass the vote under the provisions of 20-20-415 Title 13, they shall decide, according to the following procedure, if the proposition has been approved:

     (a)  determine if a sufficient number of the qualified electors of the district have voted to validate the election and have voted to approve the election proposition in the same manner required for bond elections by 20-9-428; and

     (b)  when the proposition is approved under subsection (4)(a), determine the number of votes "FOR" and "AGAINST" the proposition.

     (5)  The proposition shall must be approved in the district if a majority of those voting approve the proposition. If the proposition is disapproved under either the provisions of subsection (4)(a) or (4)(b), the proposition shall must be disapproved in the district."



     Section 21.  Section 20-6-315, MCA, is amended to read:

     "20-6-315.  District consolidation. Any two or more high school districts in one county may consolidate to organize a high school district. The consolidation must be conducted under the following procedure:

     (1)  At the time the consolidation proposition is first considered, the districts involved shall jointly determine whether the consolidation is to be made with or without the mutual assumption of the bonded indebtedness of each district by all districts included in the consolidation proposition.

     (2)  A consolidation proposition may be introduced, individually, in each of the districts by either of the following methods:

     (a)  the trustees may pass a resolution requesting notifying the county superintendent commissioners of the need to order an election to consider a consolidation proposition involving their district; or

     (b)  not less than 20% of the electors of a high school district who are qualified to vote under the provisions of 20-20-301 may petition the county superintendent commissioners requesting an election to consider a consolidation proposition involving their district.

     (3)  When the county superintendent receives commissioners receive a resolution or a valid petition from each of the districts included in the consolidation proposition, he they shall, within 10 days after the receipt of the last resolution or petition and as provided by 20-20-201, order the trustees of each high school district included in the consolidation proposition to call a consolidation election.

     (4)  (a) Each district, individually, The county commissioners shall call and conduct an election in the manner prescribed in Title 13 and this title for school elections.

     (b)  In addition:

     (i)  if the districts to be consolidated are to mutually assume the bonded indebtedness of each district involved in the consolidation, the consolidation election must also follow the procedures prescribed in 20-6-318; or

     (ii) if the districts to be consolidated are not to mutually assume the bonded indebtedness of each district involved in the consolidation, the consolidation election must also follow the procedures prescribed in 20-6-207.

     (5)  After the county superintendent receives commissioners receive the election certificate provided for in 20-20-416 from the trustees of each district included in a consolidation proposition Title 13, he they shall determine if the consolidation proposition has been approved in each district. If each district has approved the consolidation proposition, he the county commissioners shall, within 10 days after the receipt of the election certificate, order the consolidation of such the districts. If the order is for consolidation with the mutual assumption of bonded indebtedness of each high school district by all districts included in the consolidation order, the order shall must specify that all taxable real and personal property of the consolidated district shall must assume the bonded indebtedness of each district. In addition, the order shall must specify the number of the consolidated high school district. The superintendent county election administrator shall send a copy of the order to the board of county commissioners and to the trustees of each district incorporated in the consolidation order.

     (6)  If any district included in the consolidation proposition disapproves the consolidation proposition, the consolidation of all districts fails and the county superintendent commissioners shall notify each district of the disapproval of the consolidation proposition."



     Section 22.  Section 20-6-317, MCA, is amended to read:

     "20-6-317.  High school district annexation procedure. A high school district may be annexed to another high school district located in the same county when one of the conditions of 20-6-316 is met in accordance with the following procedure:

     (1)  At the time the annexation proposition is first considered, the districts involved shall jointly determine whether the annexation is to be made with or without the joint assumption of the bonded indebtedness of the annexing district by the district to be annexed and the annexing district.

     (2)  An annexation proposition may be introduced in the district to be annexed by either of the following methods:

     (a)  the trustees may pass a resolution requesting notifying the county superintendent commissioners of the need to order an election to consider an annexation proposition for their district; or

     (b)  not less than 20% of the electors of the district who are qualified to vote under the provisions of 20-20-301 may petition the county superintendent commissioners requesting an election to consider an annexation proposition for their district.

     (3)  Before ordering an election on the proposition, the county superintendent commissioners must receive from the trustees of the annexing district a resolution giving him them the authority to annex such the district.

     (4)  When the county superintendent receives commissioners receive authorization from the annexing district, he they shall, within 10 days after the receipt of the resolution or a valid petition from the district to be annexed and as provided by 20-20-201, order the trustees of the district to be annexed to call an annexation election.

     (5)  (a) The district shall call and county commissioners shall conduct an election in the manner prescribed in this title for school elections Title 13.

     (b)  In addition:

     (i)  if the district to be annexed is to jointly assume with the annexing district the bonded indebtedness of the annexing district, the annexation election must also follow the procedures prescribed in 20-6-318; or

     (ii) if the district to be annexed is not to jointly assume with the annexing district the bonded indebtedness of the annexing district, the annexation election must also follow the procedures prescribed in 20-6-319.

     (6)  After the county superintendent receives commissioners receive the election certificate provided for in 20-20-416 Title 13 from the trustees county election administrator of the district conducting the annexation election and if the annexation proposition has been approved by such the election, he the county commissioners shall order the annexation of the territory of the high school district voting on such the proposition to the high school district that has authorized the annexation to its territory. The order must be issued within 10 days after the receipt of the election certificate and, if it is for annexation with the assumption of bonded indebtedness, must specify that all the taxable real and personal property of the annexed territory shall must jointly assume with the annexing district the existing bonded indebtedness of the annexing district. The county superintendent shall send a copy of the order to the board of county commissioners and to the trustees of the districts involved in the annexation order.

     (7)  If the annexation proposition is disapproved in the district to be annexed, it fails and the county superintendent commissioners shall notify each district of the disapproval of the annexation proposition."



     Section 23.  Section 20-6-704, MCA, is amended to read:

     "20-6-704.  Dissolution of K-12 school district. (1) Except as provided in subsection (2), in order to dissolve a K-12 district under the provisions of this section, the trustees of a district shall notify the county election administrator to request that the county commissioners submit for approval to the electors of the K-12 district a proposition dissolving the K-12 district for the purpose of annexing or consolidating the K-12 district's elementary or high school program with an adjacent school district or districts in an ensuing school fiscal year under the provisions of 20-6-203 through 20-6-208 or 20-6-315 through 20-6-319.

      (2) If the trustees of the school district determine that the creation or continuation of the K-12 district has resulted in or will result in the loss of federal funding for the elementary or high school programs and that it is in the best interest of the district to dissolve into the original elementary district and high school district that existed prior to the formation of the K-12 district, the trustees may dissolve the district under the following procedure:

     (a)  The trustees of the district shall pass a resolution requesting the county superintendent to order a dissolution of the district.

     (b)  When the county superintendent receives the resolution from the district, the county superintendent shall, within 10 days, order the dissolution of the K-12 district into the original elementary district and high school district, to take effect on July 1 of the ensuing school fiscal year. Within 30 days of the order, the county superintendent shall send a copy of the order to the board of county commissioners, the trustees of the district, and the superintendent of public instruction.

     (3)  If the entire territory of the dissolving K-12 district will be annexed or consolidated with an adjacent district or districts, the resolution or petition required in subsection (1) or (2) must contain a description of the manner in which the real and personal property and funds of the district are to be apportioned in the dissolution of the district and the subsequent annexation or consolidation with one or more other districts. If a portion of the dissolving K-12 district will not be annexed or consolidated with another district or districts, the resolution or petition must contain a description of the manner in which the property, funds, and financial obligations, including bonded indebtedness, of the K-12 district are to be apportioned to the district or districts whose territory is not consolidated or annexed to another district.

     (4)  After the county superintendent receives the certificate of election provided for in 20-20-416 Title 13 from the trustees county commissioners of the K-12 district and from the county commissioners of each district included in a consolidation proposition, the county superintendent shall determine whether the dissolution and annexation or consolidation proposition or propositions have been approved. If the K-12 district has approved the dissolution proposition and each district involved in a consolidation has approved the consolidation proposition, the county superintendent shall, within 10 days after the receipt of the election certificate, order the dissolution of the K-12 district into the original elementary district and high school district, to take effect on July 1 of the ensuing school fiscal year. Within 30 days of the order, the county superintendent shall send a copy of the dissolution order to the board of county commissioners, the trustees of the district included in the dissolution order, and the superintendent of public instruction.

     (5)  Whenever a K-12 district is dissolved, the following provisions apply:

     (a)  The trustees of the elementary district whose territory is not annexed or consolidated upon dissolution of the K-12 district are responsible for the execution of remaining financial obligations of the K-12 district and for the apportionment between the elementary and high school programs of any obligations not identified in the resolution required under subsection (3).

     (b)  The provisions of 20-6-410 apply for tenure teachers in the dissolution of a K-12 district.

     (c)  For purposes of applying the budget limitation provisions of 20-9-308, the budget of a K-12 district during its last year of operations as a K-12 district will must be prorated based on rules promulgated by the superintendent of public instruction."



     Section 24.  Section 20-9-422, MCA, is amended to read:

     "20-9-422.  Additional requirements for trustees' resolution calling requesting bond election. (1) In addition to the requirements for calling an election that are prescribed in 20-20-201 and 20-20-203, the trustees' resolution calling notifying the county commissioners to call a school district bond election must:

     (a)  fix the exact amount of the bonds proposed to be issued, which may be more or less than the amounts estimated in a petition;

     (b)  fix the maximum number of years in which the proposed bonds would be paid;

     (c)  in the case of initiation by a petition, state the essential facts about the petition and its presentation; and

     (d)  state the amount of the state advance for school facilities estimated, pursuant to subsection (2), to be received by the district in the first school fiscal year in which a debt service payment would be due on the proposed bonds.

     (2)  Prior to the adoption of the resolution calling for requesting a school bond election, the trustees of a district may request from the superintendent of public instruction a statement of the estimated amount of state advance for school facilities that the district will receive for debt service payments on the proposed bonds in the first school fiscal year in which a debt service payment is due. The district shall provide the superintendent with an estimate of the debt service payment due in the first school fiscal year. The superintendent shall estimate the state advance for the bond issue pursuant to 20-9-371(2)."



     Section 25.  Section 20-15-203, MCA, is amended to read:

     "20-15-203.  Call of community college district organization election -- proposition statement. (1) A petition for the organization of a community college district must be presented to the regents. The regents shall examine the petition to determine if the petition satisfies the petitioning and community college district organizational requirements.

     (2)  If the regents determine that the petition satisfies the requirements, the regents shall order notify the elementary districts encompassed by county commissioners in which the proposed community college district is located of the need to conduct an election on the community college district organization proposition. The election must be held on the next regular school election day, except that an election required by a petition received by the regents less than 60 days before the regular school election day must be held at the regular school election in the following school fiscal year.

     (3)  At the election, the proposition must be in substantially the following form:

PROPOSITION

     Shall there be organized within the area comprising the School Districts of .... (elementary districts must be listed by county), State of Montana, a community college district for the offering of 13th- and 14th-year courses, to be known as the Community College District of ...., Montana, under the provisions of the laws authorizing community college districts in Montana, as requested in the petition filed with the Board of Regents at Helena, Montana, on the .... day of ...., 20...?

     [] FOR organization.

     [] AGAINST organization."



     Section 26.  Section 20-15-206, MCA, is amended to read:

     "20-15-206.  Nomination of candidates and provision of sample ballot. (1) Nominations of candidates for the trustee positions must be filed with the regents at least 30 days prior to the date of the election. Any five qualified electors may file nominations of as many persons as are to be elected to the board of trustees of the proposed community college district from their respective community college trustee election areas.

     (2)  The regents shall provide the trustees of each district ordered county commissioners who are notified to conduct the community college district organization election with a sample of the ballot for the election of the board of trustees. Such The sample ballot shall must be reproduced by the trustees in a sufficient number to be used as the trustee election ballot."



     Section 27.  Section 20-15-208, MCA, is amended to read:

     "20-15-208.  Conduct of election. The election for the organization of the community college district and the election of trustees for such a community college district shall must be conducted, in accordance with the school election laws, by the trustees of the elementary districts ordered to call such election provisions of Title 13. The cost of conducting such election shall be borne by the districts shall reimburse the county for all costs related to an election."



     Section 28.  Section 20-15-221, MCA, is amended to read:

     "20-15-221.  Election of trustees after organization of community college district. (1) After organization, the registered electors of the community college district qualified to vote under the provisions of 20-20-301 shall annually vote for trustees on the regular school election day provided for in 20-3-304. The election shall must be conducted in accordance with the election provisions of this title whenever such provisions are made applicable to community college districts Title 13. Such The elections shall must be conducted by the component elementary school districts within such county commissioners of the county in which the community college district is located upon the order of notification by the board of trustees of the community college district. The order shall notification must be transmitted to the appropriate trustees not less than 40 days prior to the regular school election day.

     (2)  Notice of the community college district trustee election shall must be given by the board of trustees of the community college district by publication in one or more newspapers of general circulation within each county, not less than once a week for 2 consecutive weeks, the last insertion to be no more than 1 week prior to the date of the election. This notice shall be in addition to the election notice to be given by the trustees of the component elementary districts under the school election laws.

     (3)  Should If the trustees be are elected other than at large throughout the entire district, then only those qualified voters within the area from which the trustee or trustees are to be elected shall may cast their ballots for the trustee or trustees from that area. In addition to the nominating petition required by 20-15-219(2), all candidates for the office of trustee shall file their declarations of candidacy with the secretary of the board of trustees of the community college district not less than 30 days prior to the date of election. If an electronic voting system or voting machines are not used in the component elementary school district or districts which conduct county that conducts the election, the board of trustees of the community college district shall cause have ballots to be printed and distributed for the polling places in such the component districts at the expense of the community college district, but in all other respects said, the elections shall must be conducted in accordance with the school election laws in Title 13. All costs incident to election of the community college trustees shall must be borne by the community college district, including one-half of the compensation of the judges for the school elections;. provided that However, if the election of the community college district trustees is the only election conducted, the community college district shall compensate the district county for the total cost of the election."



     Section 29.  Section 20-15-222, MCA, is amended to read:

     "20-15-222.  Results of election -- qualifying oath -- term of office. (1) When the board of trustees of the community college district has received all the certified results of the election from the component elementary districts county commissioners, the then-qualified members of the board of trustees of such the community college district shall tabulate the results so received, shall declare and certify the candidate or candidates receiving the greatest number of votes to be elected to the position or positions to be filled, and shall declare and certify the results of the votes cast on any proposition presented at such the election.

     (2)  (a) No A person who receives a certificate of election as a community college trustee may not assume the trustee position until he the person has qualified by taking an oath of office prescribed by the constitution of Montana at the next regularly scheduled meeting of the board of trustees after receipt of the certificate of election.

     (b)  If the elected person does not qualify in accordance with this requirement, another person must be appointed in a manner provided by 20-15-223 and shall serve until the next regular election.

     (3)  After a person has qualified for a trustee position, he the person shall hold such the position for the term of the position and until his a successor has been elected or appointed and has been qualified."



     Section 30.  Section 20-15-225, MCA, is amended to read:

     "20-15-225.  Powers and duties of trustees. (1) The trustees of a community college district shall, subject to supervision by the board of regents:

     (a)  have general control and supervision of the community college;

     (b)  adopt rules, not inconsistent with the constitution and the laws of the state, for the government and administration of the community college;

     (c)  grant certificates and degrees to the graduates of the community college;

     (d)  keep a record of their proceedings;

     (e)  when not otherwise provided by law, have control of all books, records, buildings, grounds, and other property of the community college;

     (f)  receive from the state board of land commissioners; other boards, agencies, or persons; or the government of the United States all funds, income, and other property the community college may be entitled to receive or accept and use and appropriate the property for the specific purpose of the entitlement, grant, or donation;

     (g)  have general control of all receipts and disbursements of the community college;

     (h)  appoint and dismiss a president and faculty for the community college; appoint and dismiss any other necessary officers, agents, and employees; fix their compensation; and set the terms and conditions of their employment;

     (i)  administer the tuition provision and otherwise govern the students of the community college district in accordance with the provisions of this chapter;

     (j)  call and conduct the elections of the district in accordance with the school election chapter of this title laws in Title 13;

     (k)  participate in the teachers' retirement system of the state of Montana in accordance with the provisions of the teachers' retirement system chapter of this title;

     (l)  establish employee benefits, other than retirement benefits, and fix their limits in accordance with 2-18-701 through 2-18-704; and

     (m)  participate in district boundary change actions in accordance with the provisions of the district organization chapter of this title.

     (2)  The trustees of a community college district shall hold in trust all real and personal property of the district for the benefit of the college and students.

     (3)  The trustees of a community college district may enter into agreements with the western interstate commission for higher education, or similar intrastate, interstate, or international agreements, for the benefit of the district and students."



     Section 31.  Section 20-20-101, MCA, is amended to read:

     "20-20-101.  Definition. As used in this title, unless the context clearly indicates otherwise, "school election" means any election conducted by a district or community college district county for the purpose of electing trustees, for authorizing taxation, for authorizing the issuance of bonds by an elementary district or a high school district, or for accepting or rejecting any proposition that may be presented to the electorate for decision in accordance with the provisions of this title."



     Section 32.  Section 20-20-105, MCA, is amended to read:

     "20-20-105.  Regular school election day and special school elections -- limitation -- exception. (1) The first Tuesday after the first Monday of before Memorial Day in May of each year is the regular school election day. Except as provided in subsection (3), a proposition requesting additional funding under 20-9-353 may be submitted to the electors only once each calendar year on the regular school election day.

     (2)  Subject to the provisions of subsection (1), special school elections may be conducted at times determined by the trustees.

     (3)  In the event of an unforeseen emergency occurring on the date scheduled for the funding election pursuant to subsection (1), the district will be is allowed to reschedule the election for a different day of the calendar year. As used in this section, "unforeseen emergency" has the meaning provided in 20-3-322(5)."



     Section 33.  Section 20-20-201, MCA, is amended to read:

     "20-20-201.  Calling of school election. (1) At least 40 75 days before any school election, the trustees of any district shall call such the school election by resolution, stating the date and purpose of such the election, and shall conduct it in accordance with the procedures required by law, when:

     (a)  an election must be held on the regular school election day;

     (b)  in their discretion, the trustees order an election for a purpose authorized by law;

     (c)  the county superintendent orders an election in accordance with the law authorizing such an order;

     (d)  the board of public education orders an election in accordance with the law authorizing such an order;

     (e)  the county commissioners order an election in accordance with the law authorizing such an order;

     (f)  the board of trustees of a community college district orders an election in accordance with the law authorizing such an order (in which case the community college district shall bear its share of the cost of such the election); or

     (g)  a school election is required by law under any other circumstances.

     (2)  The resolution calling any school election shall must be transmitted to the county election administrator no later than 35 67 days before the election in order to enable him the election administrator to close the registration and prepare the lists of registered electors as required by school election laws."



     Section 34.  Section 20-20-401, MCA, is amended to read:

     "20-20-401.  Trustees' election duties -- ballot certification. (1) The trustees are the general supervisors of school elections unless the trustees request and the county election administrator agrees to conduct a school election under 20-20-417.

     (2)(1)  Not less than 25 days before an election, the clerk of the district shall prepare a certified list of the names of all candidates entitled to be on the ballot and the official wording for each ballot issue. The clerk shall arrange for printing the ballots by the school district or submit the list to the county election administrator for printing by the county. Ballots for absentee voting must be printed and available at least 20 days before the election, except as provided in 20-9-426(2) for a bond election not held in conjunction with a school election. Names The listing of names of candidates on school election ballots need not be rotated must conform with the provisions of 13-12-205.

     (3)(2)  Before the opening of the polls, if ballots are printed by the school district, the trustees shall cause ensure that each polling place to be is supplied with the ballots and supplies necessary for the county to conduct the election."



     NEW SECTION.  Section 35.  Repealer. Sections 20-20-102, 20-20-103, 20-20-104, 20-20-106, 20-20-107, 20-20-108, 20-20-202, 20-20-203, 20-20-303, 20-20-312, 20-20-313, 20-20-402, 20-20-410, 20-20-411, 20-20-415, 20-20-416, 20-20-417, and 20-20-421, MCA, are repealed.



     NEW SECTION.  Section 36.  Effective date -- applicability. [This act] is effective on passage and approval and applies to school elections for school fiscal years beginning on or after July 1, 2001.

- END -




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