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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
SECTION SECTIONS 20-9-353 AND
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) a budget amount up to the BASE budget amount for the district general fund that is within the limitations and
required budget increases provided in 20-9-308(2); (b)(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 (c)(b) a general fund budget amount in excess of the maximum general fund budget amount for the district, as provided
(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
additional voted amount of general fund financing 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 money to be financed, the
approximate number of mills required to raise all or a portion of the money, and the purpose for which the money will be
expended 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:
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
expend the sum of (state the additional
amount to be expended), and being approximately (give number) mills, for the purpose of (insert the purpose for which the
additional financing is made) increase the local property taxes by (insert the amount)?
budget authority and any the additional levy.
budget authority and any the additional levy.
(3) If the election on any additional
financing 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 , to
raise the amount of the additional levy.
(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
increased amount up to the BASE
budget amount, as provided in 20-9-308(2)(b), an increased 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 (4) (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
shall be is the regular school election day. Unless otherwise provided by law, A proposition
requesting additional funding under 20-9-353 may be submitted to the electors only once each calendar year on the tax
(2) Subject to the provisions of subsection (1), special school elections may be conducted at
such times as 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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Latest Version of HB 496 (HB0496.02)
Processed for the Web on March 24, 1999 (5:36PM)
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