HOUSE BILL NO. 90

INTRODUCED BY T. HAGENER

BY REQUEST OF THE OFFICE OF PUBLIC INSTRUCTION

A BILL FOR AN ACT ENTITLED: "AN ACT AUTHORIZING A SCHOOL DISTRICT TO ANTICIPATE THE AMOUNT OF CERTAIN NONLEVY REVENUE FOR COMPUTATION OF THE GENERAL FUND LEVY REQUIREMENT; CLARIFYING THE TAXABLE VALUATION USED TO CALCULATE THE NUMBER OF MILLS LEVIED; AUTHORIZING A DISTRICT TO IMPOSE A LEVY TO ELIMINATE ANY NEGATIVE FUND BALANCE AND RESTORE RESERVES TO THE PRIOR YEAR'S OPERATING RESERVE; AMENDING SECTION 20-9-141, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE , AN APPLICABILITY DATE, AND A TERMINATION DATE."

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

Section 1. Section 20-9-141, MCA, is amended to read:

"20-9-141. Computation of general fund net levy requirement by county superintendent. (1) The county superintendent shall compute the levy requirement for each district's general fund on the basis of the following procedure:

(a) Determine the funding required for the district's final general fund budget less the sum of direct state aid and the special education allowable cost payment for the district by totaling:

(i) the district's nonisolated school BASE budget requirement to be met by a district levy as provided in 20-9-303; and

(ii) any general fund budget amount adopted by the trustees of the district under the provisions of 20-9-308 and 20-9-353, including any additional funding for a general fund budget that exceeds the maximum general fund budget.

(b) Determine the money available for the reduction of the property tax on the district for the general fund by totaling:

(i) the general fund balance reappropriated, as established under the provisions of 20-9-104;

(ii) anticipated tuition payments for out-of-district pupils under the provisions of 20-5-321 through 20-5-323, except the amount of tuition received for a pupil who is a child with disabilities in excess of the amount received for a pupil without disabilities, as calculated under 20-5-323(2);

(iii) anticipated revenue from corporation license taxes collected from financial institutions under the provisions of 15-31-702;

(iv) pursuant to subsection (4), anticipated revenue from coal proceeds under 15-23-703;

(v) anticipated oil and natural gas production taxes;

(vi) anticipated revenue from taxes and fees imposed under 61-3-504 and 61-3-537 in an amount that is no less than 75% of the previous year's revenue from these services; and

(vii) amounts received in the last fiscal year for which revenue reporting was required for each of the following:

(A)

revenue from taxes and fees imposed under 23-2-517, 23-2-803, 61-3-521, 61-3-527, 61-3-529, and 67-3-204;

(B)

interest earned by the investment of general fund cash in accordance with the provisions of 20-9-213(4);

and

(C) any other revenue received during the school fiscal year that may be used to finance the general fund, excluding any guaranteed tax base aid

.

(c) Notwithstanding the provisions of subsection (2), subtract the money available to reduce the property tax required to finance the general fund that has been determined in subsection (1)(b) from any general fund budget amount adopted by the trustees of the district, up to the BASE budget amount, to determine the general fund BASE budget levy requirement.

(d) Subtract any amount remaining after the determination in subsection (1)(c) from any additional funding requirement to be met by an over-BASE budget amount, a district levy as provided in 20-9-303, and any additional financing as provided in 20-9-353 to determine any additional general fund levy requirements.

(2) The county superintendent shall calculate the number of mills to be levied on the taxable property in the district to finance the general fund levy requirement for any amount that does not exceed the BASE budget amount for the district by dividing the amount determined in subsection (1)(c) by the sum of:

(a) the amount of guaranteed tax base aid that the district will receive for each mill levied, as certified by the superintendent of public instruction; and

(b) the current total taxable valuation of the district, as certified by the department of revenue under 15-10-202, divided by 1,000.

(3) The net general fund levy requirement determined in subsections (1)(c) and (1)(d) must be reported to the county commissioners on the fourth Monday of August by the county superintendent as the general fund net levy requirement for the district, and a levy must be set by the county commissioners in accordance with 20-9-142.

(4) For each school district, the department of revenue shall calculate and report to the county superintendent the amount of revenue anticipated for the ensuing fiscal year from revenue from coal gross proceeds under 15-23-703."

NEW SECTION. Section 2. Levy to eliminate negative fund balance in operating reserves. A school district in which actual collection of revenue identified in 20-9-141(1)(b) is less than the collection of revenue in the prior year may levy an amount that is sufficient to eliminate any negative fund balance and restore the district's reserves to the prior year's operating reserve as provided in 20-9-104(1).

NEW SECTION. Section 3. Codification instruction. [Section 2] is intended to be codified as an integral part of Title 20, chapter 9, part 1, and the provisions of Title 20, chapter 9, part 1, apply to [section 2].

NEW SECTION. Section 4. Effective date -- applicability. [This act] is effective on passage and approval and applies to school budgets for the school fiscal year beginning July 1, 1999.

NEW SECTION. Section 5. Termination. [Section 2] terminates July 1, 2000.

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