HOUSE BILL NO. 496

INTRODUCED BY A. CURTISS, C. AHNER, P. BERGSAGEL, D. HAINES, M. HANSON,

B. KASTEN, S. ORR, L. TAYLOR, D. WAGNER

A BILL FOR AN ACT ENTITLED: "AN ACT REQUIRING A SCHOOL DISTRICT TO SUBMIT A LEVY PROPOSITION TO THE ELECTORATE ONLY ONCE IN A CALENDAR YEAR; PROVIDING THAT A VOTE IS NOT REQUIRED FOR BUDGET AUTHORITY; PROVIDING THAT A VOTE IS REQUIRED FOR ANY INCREASE IN LOCAL PROPERTY TAXES; ALLOWING A SCHOOL DISTRICT TO RESCHEDULE A REGULAR SCHOOL ELECTION DUE TO AN UNFORESEEN EMERGENCY; AND AMENDING SECTIONS 20-9-353 AND 20-20-105, MCA."

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

Section 1. Section 20-9-353, MCA, is amended to read:

"20-9-353. Additional financing for general fund -- election for authorization to impose. (1) The trustees of a district may propose to adopt:

(a) an over-BASE budget amount for the district general fund that does not exceed the maximum general fund budget for the district or other limitations, as provided in 20-9-308(3); or

(b) a general fund budget amount in excess of the maximum general fund budget amount for the district, as provided in 20-9-308(4).

(2) Any increase in the local property tax levy that results from the budget amount proposed by the trustees must be submitted to a vote of the qualified electors of the district. The trustees are not required to submit to the qualified electors any increase in state funding of the basic or per-ANB entitlements approved by the legislature. When the trustees of a district determine that a voted amount of financing is required for the general fund budget, the trustees shall submit the proposition to finance the voted amount of general fund budget authority to the electors who are qualified under 20-20-301 to vote upon the proposition. The special election must be called and conducted in the manner prescribed by this title for school elections. The ballot for the election must state the amount of the estimated increase in local property taxes over the prior year needed to fund the budget amount proposed by the trustees. The ballot must be in the following format:

PROPOSITION

The district levied (state the total amount of local property taxes levied in support of the district's prior year's general fund budget) dollars to support the previous year's general fund budget. If this proposition is approved, the local property taxes requested in support of the district's prior year's general fund budget will increase by approximately (state the approximate additional local property taxes). Shall the district be authorized to increase the local property taxes by (insert the amount)?

[]	FOR the additional levy.

[]	AGAINST the additional levy.

(3) If the election on any additional local property taxes for the general fund is approved by a majority vote of the electors voting at the election, the proposition carries and the trustees may use any portion or all of the authorized amount in adopting the final general fund budget. The trustees shall certify any additional levy amount authorized by the special election on the budget form that is submitted to the county superintendent, and the county commissioners shall levy the authorized number of mills on the taxable value of all taxable property within the district, as prescribed in 20-9-141 .

(4) Authorization to levy an additional tax to support a budget amount adopted as allowed by 20-9-308(4) is effective for only 1 school fiscal year.

(5) All levies adopted under this section must be authorized by a special election conducted before August 1 of the school fiscal year for which it is effective.

(6) If the trustees of a district are required to submit a proposition to finance an over-BASE budget amount, as provided in 20-9-308(3)(a), or an amount in excess of the maximum general fund budget amount for the district as allowed by 20-9-308(4) to the electors of the district, the trustees shall comply with the provisions of subsections (2) through (5)."

Section 2. 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 of April of each year is the regular school election day. A proposition requesting additional funding under 20-9-353 may be submitted to the electors only once each calendar year on the tax 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 regular school election pursuant to subsection (1), the trustees are allowed to reschedule the election for one other day of the calendar year. As used in this section, "unforeseen emergency" has the meaning provided in 20-3-322(5)."

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