2001 Montana Legislature

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SENATE BILL NO. 313

INTRODUCED BY F. THOMAS, SLITER, BECK, ELLIOTT, GROSFIELD, LAWSON, LEHMAN, MANGAN, MASOLO, MOOD, OLSON, RIPLEY, RYAN, SHEA, TESTER, WOLERY

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AN ACT AUTHORIZING A DISTRICT TO DEPRECIATE TECHNOLOGICAL EQUIPMENT AS AN AUTHORIZED USE OF THE TECHNOLOGY ACQUISITION AND DEPRECIATION FUND; REQUIRING VOTER APPROVAL FOR A LEVY TO INCREASE THE DISTRICT'S FUNDS TO SUPPORT TECHNOLOGY; AMENDING SECTIONS 20-9-375 AND 20-9-533, 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 20-9-375, MCA, is amended to read:

     "20-9-375.  Aid for technology acquisition, textbooks, library materials, and building maintenance. (1) The superintendent of public instruction shall allocate the amount appropriated for technology acquisition and depreciation, textbooks, library materials, and building maintenance to each district based on the per-ANB of the district.

     (2)  The district may deposit the funds received under this section in the miscellaneous programs fund authorized in 20-9-507 or the technology acquisition and depreciation fund authorized in 20-9-533. Any portion of the funds deposited in the miscellaneous programs fund must be restricted for textbooks, library materials, and building maintenance. Any portion of the funds deposited in the technology acquisition and depreciation fund must be used consistent with the requirements of 20-9-533."



     Section 2.  Section 20-9-533, MCA, is amended to read:

     "20-9-533.  Technology acquisition and depreciation fund -- limitations. (1) The trustees of a district may establish a technology acquisition and depreciation fund for school district expenditures incurred and depreciation accrued for:

     (a)  the purchase, rental, repair, and maintenance, and depreciation of technological equipment, including computers and computer network access; and

     (b)  associated technical training for school district personnel.

     (2)  Any expenditures from the technology acquisition and depreciation fund must be made in accordance with the financial administration requirements for a budgeted fund pursuant to this title. The trustees of a district shall fund the technology acquisition and depreciation fund with:

     (a) the state money received under 20-9-534; and with

     (b) other local, state, private, and federal funds received for the purpose of funding technology or technology-associated training.

     (3)  In depreciating the technological equipment of a school district, the trustees may include in the district's budget, contingent upon voter approval of a levy under subsection (6) and pursuant to the school budgeting requirements of this title, an amount each fiscal year that does not exceed 20% of the original cost of any technological equipment, including computers and computer network access, that is owned by the district. The amount budgeted may not, over time, exceed 150% of the original cost of the equipment.

     (4) The annual revenue requirement for each district's technology acquisition and depreciation fund determined within the limitations of this section must be reported by the county superintendent of schools to the board of county commissioners on the fourth Monday of August as the technology acquisition and depreciation fund levy requirement for that district, and a levy must be made by the county commissioners in accordance with 20-9-142.

     (5) Any expenditure of technology acquisition and depreciation fund money must be within the limitations of the district's final technology acquisition and depreciation fund budget and the school financial administration provisions of this title.

     (6) In addition to the funds received pursuant to subsection (2), the trustees of a school district may submit a proposition to the qualified electors of the district to approve an additional levy to fund the depreciation of technological equipment authorized under this section. The election must be called and conducted in the manner prescribed by this title for school elections. The ballot for a proposition must provide for and against provisions stating whether the trustees are authorized to impose a levy of (state the dollars) dollars and (state the approximate number of mills) mills to fund the depreciation of technological equipment in the school district.

     (7) The technology proposition is approved if a majority of those electors voting at the election approve the levy. Notwithstanding any other provision of law, the levy under subsection (6) is subject to 15-10-420.

     (3)(8)  The trustees of a district may not use revenue in the technology acquisition and depreciation fund to finance contributions to the teachers' retirement system, the public employees' retirement system, or the federal social security system or for unemployment compensation insurance."



     Section 3.  Coordination instruction. If House Bill No. 179 is passed and approved, then [section 2(6) of this act] must read as follows:

     "(6) In addition to the funds received pursuant to subsection (2) and the amount levied pursuant to subsection (4), the trustees of a school district may submit a proposition to the qualified electors of the district to approve an additional levy to fund the depreciation of technological equipment authorized under this section. The election must be called and conducted in the manner prescribed by this title for school elections and in the manner prescribed by [section 1 of House Bill No. 179]. The ballot for a proposition must provide for and against provisions stating whether the trustees are authorized to impose a levy of (state the approximate number of mills and dollars) dollars and (state the approximate number of mills) mills and dollars to fund the depreciation of technological equipment in the school district."



     Section 4.  Effective date -- applicability. [This act] is effective on passage and approval and applies to school budgets for school fiscal years beginning on or after July 1, 2001.

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Latest Version of SB 313 (SB0313.ENR)
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