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SENATE BILL NO. 134
INTRODUCED BY D. MAHLUM
AN ACT REVISING THE LAWS RELATING TO SCHOOL TRUSTEES; CLARIFYING THE APPLICATION OF INDIVIDUAL LIABILITY FOR SCHOOL TRUSTEES FOR LOSS OF MONEY; AMENDING SECTION 20-3-332, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 20-3-332, MCA, is amended to read:
"20-3-332. Personal immunity and liability of trustees. (1) When acting in their official capacity at a regular or
special meeting of the board or a committee
thereof of the board, the trustees of each district are individually immune from
exemplary and punitive damages.
(2) The trustees of each district
shall be are responsible for the proper administration and utilization use of all moneys
money of the district in accordance with the provisions of law and this title. Failure or refusal to do so shall constitute
constitutes grounds for removal from office. Those trustees consenting to illegal use of the moneys shall be jointly and
individually liable to the district for any losses the district has realized. The county attorney shall prosecute any proceeding
arising pursuant to this section, or a party seeking such action may retain private counsel. The party commencing the action
shall be liable for the costs if the action fails. The liability of trustees for violations of this section must be determined in
accordance with the provisions of 2-9-305."
Section 2. Effective date. [This act] is effective on passage and approval.
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Latest Version of SB 134 (SB0134.ENR)
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