HOUSE BILL NO. 419

INTRODUCED BY L. MCCULLOCH

A BILL FOR AN ACT ENTITLED: "AN ACT AUTHORIZING THE TRUSTEES OF A SCHOOL DISTRICT TO ENTER INTO A CONTRACT WITH THE GOVERNING BODY OF ANOTHER POLITICAL SUBDIVISION WITHIN ITS COUNTY OR IN AN ADJOINING COUNTY FOR JOINT CONSTRUCTION OF A FACILITY; PROVIDING FOR APPROVAL OF THE BONDS BY A MAJORITY OF THE ELECTORATE; AMENDING SECTIONS 20-9-404, 20-9-405, AND 20-9-428, MCA; AND PROVIDING AN EFFECTIVE DATE AND AN APPLICABILITY DATE."

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

Section 1. Section 20-9-404, MCA, is amended to read:

"20-9-404. Contracts and bonds for joint construction. (1) The trustees of a school district may enter into a contract with the trustees of any school district within the county , with any school district in an adjoining county, with the governing body of another political subdivision within the county in which the school district is located, or with the governing body of a political subdivision of a county adjoining the school district to provide for the joint construction of a facility upon terms and conditions mutually agreed upon between the districts.

(2) The trustees of any district executing a contract in accordance with this section may levy taxes and issue bonds for the purpose of constructing the facilities authorized by this section. The approval of bonds for any contract between a school district and the governing body of another political subdivision within the county in which the school district is located or in a county adjoining the school district requires approval by a majority of the votes cast in the election of each participating political subdivision."

Section 2. Section 20-9-405, MCA, is amended to read:

"20-9-405. Proportional joint ownership -- disposition of money. The facility constructed under 20-9-404 must be jointly owned by the school districts or other political subdivisions contributing to its construction in proportion to the contribution of each political subdivision. The sale or other disposition of a district's interest in the facility must be made in accordance with 20-6-604. Money received from the sale or disposition of a district's interest in a facility must be credited to the debt service fund, building fund, general fund, or any combination of these three funds, at the discretion of the trustees."

Section 3. Section 20-9-428, MCA, is amended to read:

"20-9-428. Determination of approval or rejection of proposition at bond election. (1) When the trustees canvass the vote of a school district bond election under the provisions of 20-20-415, they shall determine the approval or rejection of the school bond proposition in the following manner:

(a) determine the total number of electors of the school district who are qualified to vote under the provisions of 20-20-301 from the list of electors supplied by the county registrar for the school bond election;

(b) determine the total number of qualified electors who voted at the school bond election from the tally sheet or sheets for the election;

(c) calculate the percentage of qualified electors voting at the school bond election by dividing the amount determined in subsection (1)(b) by the amount determined in subsection (1)(a); and

(d) when the calculated percentage in subsection (1)(c) is 40% or more, the school bond proposition is considered to have been approved and adopted if a majority of the votes are cast in favor of the proposition, otherwise it is considered to have been rejected; or

(e) except as provided in 20-9-404(2), when the calculated percentage in subsection (1)(c) is more than 30% but less than 40%, the school bond proposition is considered to have been approved and adopted if 60% or more of the votes are cast in favor of the proposition, otherwise it is considered to have been rejected; or

(f) except as provided in 20-9-404(2), when the calculated percentage in subsection (1)(c) is 30% or less, the school bond proposition is considered to have been rejected.

(2) If the canvass of the vote establishes the approval and adoption of the school bond proposition, the trustees shall issue a certificate proclaiming the passage of the proposition and the authorization to issue bonds of the school district for the purposes specified on the ballot for the school district bond election."

NEW SECTION. Section 4. Effective date -- applicability. [This act] is effective July 1, 1999, and applies to contracts entered into on or after [the effective date of this act].

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