20-9-104. (Temporary) General fund operating reserve. (1) At the end of each school fiscal year, the trustees of each district shall designate the portion of the general fund end-of-the-year fund balance that is to be earmarked as operating reserve for the purpose of paying general fund warrants issued by the district from July 1 to November 30 of the ensuing school fiscal year. Except as provided in subsections (7) and (8), the amount of the general fund balance that is earmarked as operating reserve may not exceed 10% of the final general fund budget for the ensuing school fiscal year.
     (2) The amount held as operating reserve may not be used for property tax reduction in the manner permitted by 20-9-141(1)(b) for other receipts.
     (3) Excess reserves as provided in subsection (7) may be appropriated to reduce the BASE budget levy, the over-BASE budget levy, or the additional levy provided by 20-9-353.
     (4) Any portion of the general fund end-of-the-year fund balance that is not reserved under subsection (2) or reappropriated under subsection (3) is fund balance reappropriated and must be used for property tax reduction as provided in 20-9-141(1)(b) up to an amount not exceeding 15% of a school district's maximum general fund budget.
     (5) For fiscal year 2012, any unreserved fund balance in excess of 15% of a school district's maximum general fund budget must be remitted to the state to be deposited in the state general fund.
     (6) Beginning in fiscal year 2013, any unreserved fund balance in excess of 15% of a school district's maximum general fund budget must be remitted to the state and allocated as follows:
     (a) 70% of the excess amount must be remitted to the state to be deposited in the guarantee account provided for in 20-9-622;
     (b) 5% of the excess amount must be remitted to the state to be deposited in the state school oil and natural gas impact account provided for in 20-9-517; and
     (c) 25% of the excess amount must be deposited in the county school oil and natural gas impact fund provided for in 20-9-518.
     (7) The limitation of subsection (1) does not apply when the amount in excess of the limitation is equal to or less than the unused balance of any amount:
     (a) received in settlement of tax payments protested in a prior school fiscal year;
     (b) received in taxes from a prior school fiscal year as a result of a tax audit by the department of revenue or its agents; or
     (c) received in delinquent taxes from a prior school fiscal year.
     (8) The limitation of subsection (1) does not apply when the amount earmarked as operating reserve is $10,000 or less.
     (9) Prior to June 30, 2011, a school district may transfer any general fund money in excess of 15% of the fiscal year 2011 general fund budget that is not needed to fund the budget to any budgeted fund considered appropriate by the trustees. (Effective July 1, 2016)
     20-9-104. (Effective July 1, 2016) . General fund operating reserve. (1) At the end of each school fiscal year, the trustees of each district shall designate the portion of the general fund end-of-the-year fund balance that is to be earmarked as operating reserve for the purpose of paying general fund warrants issued by the district from July 1 to November 30 of the ensuing school fiscal year. Except as provided in subsections (5) and (6), the amount of the general fund balance that is earmarked as operating reserve may not exceed 10% of the final general fund budget for the ensuing school fiscal year.
     (2) The amount held as operating reserve may not be used for property tax reduction in the manner permitted by 20-9-141(1)(b) for other receipts.
     (3) Excess reserves as provided in subsection (5) may be appropriated to reduce the BASE budget levy, the over-BASE budget levy, or the additional levy provided by 20-9-353.
     (4) Any portion of the general fund end-of-the-year fund balance that is not reserved under subsection (2) or reappropriated under subsection (3) is fund balance reappropriated and must be used for property tax reduction as provided in 20-9-141(1)(b).
     (5) The limitation of subsection (1) does not apply when the amount in excess of the limitation is equal to or less than the unused balance of any amount:
     (a) received in settlement of tax payments protested in a prior school fiscal year;
     (b) received in taxes from a prior school fiscal year as a result of a tax audit by the department of revenue or its agents; or
     (c) received in delinquent taxes from a prior school fiscal year.
     (6) The limitation of subsection (1) does not apply when the amount earmarked as operating reserve is $10,000 or less.

     History: En. 75-6924 by Sec. 274, Ch. 5, L. 1971; R.C.M. 1947, 75-6924; amd. Sec. 20, Ch. 11, Sp. L. June 1989; amd. Sec. 7, Ch. 767, L. 1991; amd. Secs. 2, 12, Ch. 6, Sp. L. July 1992; amd. Sec. 11, Ch. 633, L. 1993; amd. Sec. 1, Ch. 35, Sp. L. November 1993; amd. Sec. 4, Ch. 36, Sp. L. November 1993; amd. Sec. 35, Ch. 18, L. 1995; amd. Sec. 38, Ch. 451, L. 1995; amd. Sec. 1, Ch. 506, L. 1995; amd. Sec. 9, Ch. 554, L. 1999; amd. Sec. 11, Ch. 237, L. 2001; amd. Sec. 7, Ch. 418, L. 2011.