HOUSE BILL NO. 121
INTRODUCED BY D. MOOD
AN ACT INCREASING THE TOTAL PER-ANB AND BASIC ENTITLEMENTS FOR PUBLIC SCHOOLS FOR SCHOOL FISCAL YEARS BEGINNING ON OR AFTER JULY 1, 2001; INCREASING THE BASIC ENTITLEMENT FOR AN ELEMENTARY SCHOOL DISTRICT OR A K-12 SCHOOL DISTRICT ELEMENTARY PROGRAM TO $18,889, THE BASIC ENTITLEMENT FOR A HIGH SCHOOL DISTRICT TO $209,873, THE TOTAL PER-ANB ENTITLEMENT FOR AN ELEMENTARY SCHOOL DISTRICT OR A K-12 DISTRICT ELEMENTARY PROGRAM TO $3,834, AND THE TOTAL PER-ANB ENTITLEMENT FOR A HIGH SCHOOL DISTRICT OR A K-12 DISTRICT HIGH SCHOOL PROGRAM TO $5,109; FOR SCHOOL FISCAL YEARS BEGINNING ON OR AFTER JULY 1, 2002, CONTINGENTLY INCREASING THE BASIC ENTITLEMENT FOR AN ELEMENTARY SCHOOL DISTRICT OR A K-12 SCHOOL DISTRICT ELEMENTARY PROGRAM TO $19,244, THE BASIC ENTITLEMENT FOR A HIGH SCHOOL DISTRICT TO $213,819, THE TOTAL PER-ANB ENTITLEMENT FOR AN ELEMENTARY SCHOOL DISTRICT OR A K-12 DISTRICT ELEMENTARY PROGRAM TO $3,906, AND THE TOTAL PER-ANB ENTITLEMENT FOR A HIGH SCHOOL DISTRICT OR A K-12 DISTRICT HIGH SCHOOL PROGRAM TO $5,205; PROVIDING FOR A CONTINGENCY BASING INCREASES FOR SCHOOL FISCAL YEARS BEGINNING ON OR AFTER JULY 1, 2002, ON PASSAGE AND APPROVAL OF SENATE BILL NO. 495 AND SENATE BILL NO. 390; AMENDING SECTION 20-9-306, MCA; AND PROVIDING AN EFFECTIVE DATE AND APPLICABILITY DATES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 20-9-306, MCA, is amended to read:
"20-9-306. Definitions. As used in this title, unless the context clearly indicates otherwise, the following definitions apply:
(1) "BASE" means base amount for school equity.
(2) "BASE aid" means:
(a) direct state aid for 44.7% of the basic entitlement and 44.7% of the total per-ANB entitlement for the general fund budget of a district; and
(b) guaranteed tax base aid for an eligible district for any amount up to 35.3% of the basic entitlement, up to 35.3% of the total per-ANB entitlement budgeted in the general fund budget of a district, and up to 40% of the special education allowable cost payment.
(3) "BASE budget" means the minimum general fund budget of a district, which includes 80% of the basic entitlement, 80% of the total per-ANB entitlement, and up to 140% of the special education allowable cost payment.
(4) "BASE budget levy" means the district levy in support of the BASE budget of a district, which may be supplemented by guaranteed tax base aid if the district is eligible under the provisions of 20-9-366 through 20-9-369.
(5) "BASE funding program" means the state program for the equitable distribution of the state's share of the cost of Montana's basic system of public elementary schools and high schools, through county equalization aid as provided in 20-9-331 and 20-9-333 and state equalization aid as provided in 20-9-343, in support of the BASE budgets of districts and special education allowable cost payments as provided in 20-9-321.
(6) "Basic entitlement" means:
(a) $206,000 $209,873 for each high school district;
(b) $18,540 $18,889 for each elementary school district or K-12 district
elementary program without an approved and accredited junior high school or
middle school; and
(c) the prorated entitlement for each elementary school district or K-12 district elementary program with an approved and accredited junior high school or middle school, calculated as follows:
(i) $18,540 $18,889 times the ratio of the ANB for kindergarten through
grade 6 to the total ANB of kindergarten through grade 8; plus
(ii) $206,000 $209,873 times the ratio of the ANB for grades 7 and 8 to the
total ANB of kindergarten through grade 8.
(7) "Direct state aid" means 44.7% of the basic entitlement and 44.7% of the total per-ANB entitlement for the general fund budget of a district and funded with state and county equalization aid.
(8) "Maximum general fund budget" means a district's general fund budget amount calculated from the basic entitlement for the district, the total per-ANB entitlement for the district, and up to 153% of special education allowable cost payments.
(9) "Over-BASE budget levy" means the district levy in support of any general fund amount budgeted that is above the BASE budget and below the maximum general fund budget for a district.
(10) "Total per-ANB entitlement" means the district entitlement resulting from the following calculations:
(a) for a high school district or a K-12 district high school program, a
maximum rate of $5,015 $5,109 for the first ANB is decreased at the rate of
50 cents per ANB for each additional ANB of the district up through 800
ANB, with each ANB in excess of 800 receiving the same amount of
entitlement as the 800th ANB;
(b) for an elementary school district or a K-12 district elementary program
without an approved and accredited junior high school or middle school, a
maximum rate of $3,763 $3,834 for the first ANB is decreased at the rate of
20 cents per ANB for each additional ANB of the district up through 1,000
ANB, with each ANB in excess of 1,000 receiving the same amount of
entitlement as the 1,000th ANB; and
(c) for an elementary school district or a K-12 district elementary program with an approved and accredited junior high school or middle school, the sum of:
(i) a maximum rate of $3,763 $3,834 for the first ANB for kindergarten
through grade 6 is decreased at the rate of 20 cents per ANB for each
additional ANB up through 1,000 ANB, with each ANB in excess of 1,000
receiving the same amount of entitlement as the 1,000th ANB; and
(ii) a maximum rate of $5,015 $5,109 for the first ANB for grades 7 and 8
is decreased at the rate of 50 cents per ANB for each additional ANB for
grades 7 and 8 up through 800 ANB, with each ANB in excess of 800
receiving the same amount of entitlement as the 800th ANB."
Section 2. Coordination instruction. (1) If Senate Bill No. 495 is passed and approved and is not enjoined or determined to be unconstitutional by April 1, 2002, and if Senate Bill No. 390 is passed and approved, then section 20-9-306, MCA, must read as follows:
"Section 2. Section 20-9-306, MCA, is amended to read:
"20-9-306. Definitions. As used in this title, unless the context clearly indicates otherwise, the following definitions apply:
(1) "BASE" means base amount for school equity.
(2) "BASE aid" means:
(a) direct state aid for 44.7% of the basic entitlement and 44.7% of the total per-ANB entitlement for the general fund budget of a district; and
(b) guaranteed tax base aid for an eligible district for any amount up to 35.3% of the basic entitlement, up to 35.3% of the total per-ANB entitlement budgeted in the general fund budget of a district, and up to 40% of the special education allowable cost payment.
(3) "BASE budget" means the minimum general fund budget of a district, which includes 80% of the basic entitlement, 80% of the total per-ANB entitlement, and up to 140% of the special education allowable cost payment.
(4) "BASE budget levy" means the district levy in support of the BASE budget of a district, which may be supplemented by guaranteed tax base aid if the district is eligible under the provisions of 20-9-366 through 20-9-369.
(5) "BASE funding program" means the state program for the equitable distribution of the state's share of the cost of Montana's basic system of public elementary schools and high schools, through county equalization aid as provided in 20-9-331 and 20-9-333 and state equalization aid as provided in 20-9-343, in support of the BASE budgets of districts and special education allowable cost payments as provided in 20-9-321.
(6) "Basic entitlement" means:
(a) $206,000 $213,819 for each high school district;
(b) $18,540 $19,244 for each elementary school district or K-12 district
elementary program without an approved and accredited junior high school or
middle school; and
(c) the prorated entitlement for each elementary school district or K-12 district elementary program with an approved and accredited junior high school or middle school, calculated as follows:
(i) $18,540 $19,244 times the ratio of the ANB for kindergarten through
grade 6 to the total ANB of kindergarten through grade 8; plus
(ii) $206,000 $213,819 times the ratio of the ANB for grades 7 and 8 to the
total ANB of kindergarten through grade 8.
(7) "Direct state aid" means 44.7% of the basic entitlement and 44.7% of the total per-ANB entitlement for the general fund budget of a district and funded with state and county equalization aid.
(8) "Maximum general fund budget" means a district's general fund budget amount calculated from the basic entitlement for the district, the total per-ANB entitlement for the district, and up to 153% of special education allowable cost payments.
(9) "Over-BASE budget levy" means the district levy in support of any general fund amount budgeted that is above the BASE budget and below the maximum general fund budget for a district.
(10) "Total per-ANB entitlement" means the district entitlement resulting from the following calculations:
(a) for a high school district or a K-12 district high school program, a
maximum rate of $5,015 $5,205 for the first ANB is decreased at the rate of
50 cents per ANB for each additional ANB of the district up through 800
ANB, with each ANB in excess of 800 receiving the same amount of
entitlement as the 800th ANB;
(b) for an elementary school district or a K-12 district elementary program
without an approved and accredited junior high school or middle school, a
maximum rate of $3,763 $3,906 for the first ANB is decreased at the rate of
20 cents per ANB for each additional ANB of the district up through 1,000
ANB, with each ANB in excess of 1,000 receiving the same amount of
entitlement as the 1,000th ANB; and
(c) for an elementary school district or a K-12 district elementary program with an approved and accredited junior high school or middle school, the sum of:
(i) a maximum rate of $3,763 $3,906 for the first ANB for kindergarten
through grade 6 is decreased at the rate of 20 cents per ANB for each
additional ANB up through 1,000 ANB, with each ANB in excess of 1,000
receiving the same amount of entitlement as the 1,000th ANB; and
(ii) a maximum rate of $5,015 $5,205 for the first ANB for grades 7 and 8
is decreased at the rate of 50 cents per ANB for each additional ANB for
grades 7 and 8 up through 800 ANB, with each ANB in excess of 800
receiving the same amount of entitlement as the 800th ANB.""
(2) If Senate Bill No. 495 is enjoined or declared unconstitutional before April 1, 2002, then section 20-9-306, must read as follows:
"Section 1. Section 20-9-306, MCA, is amended to read:
"20-9-306. Definitions. As used in this title, unless the context clearly indicates otherwise, the following definitions apply:
(1) "BASE" means base amount for school equity.
(2) "BASE aid" means:
(a) direct state aid for 44.7% of the basic entitlement and 44.7% of the total per-ANB entitlement for the general fund budget of a district; and
(b) guaranteed tax base aid for an eligible district for any amount up to 35.3% of the basic entitlement, up to 35.3% of the total per-ANB entitlement budgeted in the general fund budget of a district, and up to 40% of the special education allowable cost payment.
(3) "BASE budget" means the minimum general fund budget of a district, which includes 80% of the basic entitlement, 80% of the total per-ANB entitlement, and up to 140% of the special education allowable cost payment.
(4) "BASE budget levy" means the district levy in support of the BASE budget of a district, which may be supplemented by guaranteed tax base aid if the district is eligible under the provisions of 20-9-366 through 20-9-369.
(5) "BASE funding program" means the state program for the equitable distribution of the state's share of the cost of Montana's basic system of public elementary schools and high schools, through county equalization aid as provided in 20-9-331 and 20-9-333 and state equalization aid as provided in 20-9-343, in support of the BASE budgets of districts and special education allowable cost payments as provided in 20-9-321.
(6) "Basic entitlement" means:
(a) $206,000 $209,873 for each high school district;
(b) $18,450 $18,889 for each elementary school district or K-12 district
elementary program without an approved and accredited junior high school or
middle school; and
(c) the prorated entitlement for each elementary school district or K-12 district elementary program with an approved and accredited junior high school or middle school, calculated as follows:
(i) $18,540 $18,889 times the ratio of the ANB for kindergarten through
grade 6 to the total ANB of kindergarten through grade 8; plus
(ii) $206,000 $209,873 times the ratio of the ANB for grades 7 and 8 to the
total ANB of kindergarten through grade 8.
(7) "Direct state aid" means 44.7% of the basic entitlement and 44.7% of the total per-ANB entitlement for the general fund budget of a district and funded with state and county equalization aid.
(8) "Maximum general fund budget" means a district's general fund budget amount calculated from the basic entitlement for the district, the total per-ANB entitlement for the district, and up to 153% of special education allowable cost payments.
(9) "Over-BASE budget levy" means the district levy in support of any general fund amount budgeted that is above the BASE budget and below the maximum general fund budget for a district.
(10) "Total per-ANB entitlement" means the district entitlement resulting from the following calculations:
(a) for a high school district or a K-12 district high school program, a
maximum rate of $5,015 $5,109 for the first ANB is decreased at the rate of
50 cents per ANB for each additional ANB of the district up through 800
ANB, with each ANB in excess of 800 receiving the same amount of
entitlement as the 800th ANB;
(b) for an elementary school district or a K-12 district elementary program
without an approved and accredited junior high school or middle school, a
maximum rate of $3,763 $3,834 for the first ANB is decreased at the rate of
20 cents per ANB for each additional ANB of the district up through 1,000
ANB, with each ANB in excess of 1,000 receiving the same amount of
entitlement as the 1,000th ANB; and
(c) for an elementary school district or a K-12 district elementary program with an approved and accredited junior high school or middle school, the sum of:
(i) a maximum rate of $3,763 $3,834 for the first ANB for kindergarten
through grade 6 is decreased at the rate of 20 cents per ANB for each
additional ANB up through 1,000 ANB, with each ANB in excess of 1,000
receiving the same amount of entitlement as the 1,000th ANB; and
(ii) a maximum rate of $5,015 $5,109 for the first ANB for grades 7 and 8
is decreased at the rate of 50 cents per ANB for each additional ANB for
grades 7 and 8 up through 800 ANB, with each ANB in excess of 800
receiving the same amount of entitlement as the 800th ANB.""
"Section 2. Section 20-9-306, MCA, is amended to read:
"20-9-306. Definitions. As used in this title, unless the context clearly indicates otherwise, the following definitions apply:
(1) "BASE" means base amount for school equity.
(2) "BASE aid" means:
(a) direct state aid for 44.7% of the basic entitlement and 44.7% of the total per-ANB entitlement for the general fund budget of a district; and
(b) guaranteed tax base aid for an eligible district for any amount up to 35.3% of the basic entitlement, up to 35.3% of the total per-ANB entitlement budgeted in the general fund budget of a district, and up to 40% of the special education allowable cost payment.
(3) "BASE budget" means the minimum general fund budget of a district, which includes 80% of the basic entitlement, 80% of the total per-ANB entitlement, and up to 140% of the special education allowable cost payment.
(4) "BASE budget levy" means the district levy in support of the BASE budget of a district, which may be supplemented by guaranteed tax base aid if the district is eligible under the provisions of 20-9-366 through 20-9-369.
(5) "BASE funding program" means the state program for the equitable distribution of the state's share of the cost of Montana's basic system of public elementary schools and high schools, through county equalization aid as provided in 20-9-331 and 20-9-333 and state equalization aid as provided in 20-9-343, in support of the BASE budgets of districts and special education allowable cost payments as provided in 20-9-321.
(6) "Basic entitlement" means:
(a) $206,000 $211,531 for each high school district;
(b) $18,540 $19,038 for each elementary school district or K-12 district
elementary program without an approved and accredited junior high school or
middle school; and
(c) the prorated entitlement for each elementary school district or K-12 district elementary program with an approved and accredited junior high school or middle school, calculated as follows:
(i) $18,540 $19,038 times the ratio of the ANB for kindergarten through
grade 6 to the total ANB of kindergarten through grade 8; plus
(ii) $206,000 $211,531 times the ratio of the ANB for grades 7 and 8 to the
total ANB of kindergarten through grade 8.
(7) "Direct state aid" means 44.7% of the basic entitlement and 44.7% of the total per-ANB entitlement for the general fund budget of a district and funded with state and county equalization aid.
(8) "Maximum general fund budget" means a district's general fund budget amount calculated from the basic entitlement for the district, the total per-ANB entitlement for the district, and up to 153% of special education allowable cost payments.
(9) "Over-BASE budget levy" means the district levy in support of any general fund amount budgeted that is above the BASE budget and below the maximum general fund budget for a district.
(10) "Total per-ANB entitlement" means the district entitlement resulting from the following calculations:
(a) for a high school district or a K-12 district high school program, a
maximum rate of $5,015 $5,149 for the first ANB is decreased at the rate of
50 cents per ANB for each additional ANB of the district up through 800
ANB, with each ANB in excess of 800 receiving the same amount of
entitlement as the 800th ANB;
(b) for an elementary school district or a K-12 district elementary program
without an approved and accredited junior high school or middle school, a
maximum rate of $3,763 $3,864 for the first ANB is decreased at the rate of
20 cents per ANB for each additional ANB of the district up through 1,000
ANB, with each ANB in excess of 1,000 receiving the same amount of
entitlement as the 1,000th ANB; and
(c) for an elementary school district or a K-12 district elementary program with an approved and accredited junior high school or middle school, the sum of:
(i) a maximum rate of $3,763 $3,864 for the first ANB for kindergarten
through grade 6 is decreased at the rate of 20 cents per ANB for each
additional ANB up through 1,000 ANB, with each ANB in excess of 1,000
receiving the same amount of entitlement as the 1,000th ANB; and
(ii) a maximum rate of $5,015 $5,149 for the first ANB for grades 7 and 8
is decreased at the rate of 50 cents per ANB for each additional ANB for
grades 7 and 8 up through 800 ANB, with each ANB in excess of 800
receiving the same amount of entitlement as the 800th ANB.""
Section 3. Effective date -- applicability. (1) [This act] is effective on passage and approval, and [section 1] applies to school fiscal years beginning July 1, 2001.
(2) If the contingency in [section 2(1)] occurs, [section 2(1)] applies to school fiscal years beginning on or after July 1, 2002.
(3) If the contingency in [section 2(2)] occurs, the first version of 20-9-306 in [section 2(2)] applies to the school fiscal year beginning July 1, 2001, and the second version of 20-9-306 in [section 2(2)] applies to school fiscal years beginning on or after July 1, 2002.
- END -
Latest Version of HB 121 (HB0121.ENR)
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