HOUSE BILL NO. 164
INTRODUCED BY A. OLSON, LAWSON, BIXBY, CYR, LEHMAN, LENHART, PATTISON, RIPLEY, RYAN
AN ACT REVISING A SCHOOL DISTRICT'S GENERAL FUND BUDGET LIMITATIONS; ELIMINATING THE PROVISION PROHIBITING THE TRUSTEES OF A DISTRICT FROM ADOPTING A GENERAL FUND BUDGET THAT EXCEEDS THE GREATER OF 104 PERCENT OF THE PREVIOUS YEAR'S GENERAL FUND BUDGET OR 104 PERCENT OF THE PREVIOUS YEAR'S GENERAL FUND BUDGET PER-ANB MULTIPLIED BY THE CURRENT YEAR'S ANB FOR BUDGETING PURPOSES; AMENDING SECTION 20-9-308, MCA; AND PROVIDING AN EFFECTIVE DATE AND AN APPLICABILITY DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 20-9-308, MCA, is amended to read:
"20-9-308. BASE budgets and maximum general fund budgets. (1) The trustees of a district shall adopt a general
fund budget that is at least equal to the BASE budget established for the district and, except as provided in subsection (3) of
this section, does not exceed the maximum general fund budget established for the district.
(2) (a) Whenever the trustees of a district adopt a general fund budget that exceeds the BASE budget for the district but
does not exceed the maximum general fund budget for the district, the trustees shall submit a proposition to the electors of
the district, as provided in 20-9-353.
(b) A general fund budget adopted under this subsection (2) may not exceed the greater of:
(i) 104% of the previous year's general fund budget; or
(ii) 104% of the previous year's general fund budget per-ANB multiplied by the current year's ANB for budgeting
purposes.
(3) (a) (i) Except as provided in subsections subsection (3)(a)(ii), the trustees of a school district whose previous year's
general fund budget exceeds the current year's maximum general fund budget amount may adopt a general fund budget up
to the maximum general fund budget amount or up to 94% of the previous year's general fund budget, whichever is greater.
A school district may adopt a budget under the criteria of this subsection (3)(a)(i) for a maximum of 5 consecutive years. A
school district whose adopted general fund budget for the previous year exceeds the maximum general fund budget for the
current year and whose ANB for the previous year exceeds the ANB for the current year by 30% or more shall reduce its
adopted budget by:
(A) in the first year, 20% of the range between the district's adopted general fund budget for the previous school fiscal year and the maximum general fund budget for the current school fiscal year;
(B) in the second year, 25% of the range between the district's adopted general fund budget for the previous school fiscal year and the maximum general fund budget for the current school fiscal year;
(C) in the third year, 33.3% of the range between the district's adopted general fund budget for the previous school fiscal year and the maximum general fund budget for the current school fiscal year;
(D) in the fourth year, 50% of the range between the district's adopted general fund budget for the previous school fiscal year and the maximum general fund budget for the current school fiscal year; and
(E) in the fifth year, the remainder of the range between the district's adopted general fund budget for the previous school fiscal year and the maximum general fund budget for the current school fiscal year.
(ii) The trustees of a district whose general fund budget was above the maximum general fund budget established by Chapter 38, Special Laws of November 1993, and whose general fund budget has continued to exceed the district's maximum general fund budget in each school fiscal year after school fiscal year 1993 may continue to adopt a general fund budget that exceeds the maximum general fund budget. However, the budget adopted for the current year may not exceed the lesser of:
(A) the adopted budget for the previous year; or
(B) the district's maximum general fund budget for the current year plus the over maximum budget amount adopted for the previous year.
(b) The trustees of the district shall submit a proposition to raise any general fund budget amount that is in excess of the maximum general fund budget for the district to the electors who are qualified under 20-20-301 to vote on the proposition, as provided in 20-9-353.
(4) The BASE budget for the district must be financed by the following sources of revenue:
(a) state equalization aid, as provided in 20-9-343, including any guaranteed tax base aid for which the district may be eligible, as provided in 20-9-366 through 20-9-369;
(b) county equalization aid, as provided in 20-9-331 and 20-9-333;
(c) a district levy for support of a school not approved as an isolated school under the provisions of 20-9-302;
(d) payments in support of special education programs under the provisions of 20-9-321;
(e) nonlevy revenue, as provided in 20-9-141; and
(f) a BASE budget levy on the taxable value of all property within the district.
(5) The over-BASE budget amount of a district must be financed by a levy on the taxable value of all property within the district or other revenue available to the district, as provided in 20-9-141."
Section 2. Effective date -- applicability. [This act] is effective July 1, 2001, and applies to school budgets for the school fiscal year beginning on or after July 1, 2001.
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