HOUSE BILL NO. 107
INTRODUCED BY L. MCCULLOCH
BY REQUEST OF THE STATE LIBRARY COMMISSION
AN ACT REVISING THE LIBRARY MILL LEVY ELECTION LAW; PROVIDING THAT THE BALLOT MUST SPECIFY THE AMOUNT OF TIME DURING WHICH THE LEVY IS TO BE IN EFFECT; CLARIFYING THE PURPOSES FOR WHICH BONDS MAY BE ISSUED FOR A LIBRARY; AND AMENDING SECTION 22-1-304, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 22-1-304, MCA, is amended to read:
"22-1-304. Tax levy -- special library fund -- bonds. (1) The governing body of any a city or county which that has
established a public library may levy in the same manner and at the same time as other taxes are levied a special tax in the
amount necessary to maintain adequate public library service,. The special tax levy that may be levied by the governing
body of a county may not to exceed 5 mills on the dollar, upon on all property in such the county which may be levied by
the governing body of such county and. The special tax that may be levied by the governing body of a city may not to
exceed 7 mills on the dollar upon on all property in such the city which may be levied by the governing body of such city.
(2) (a) The governing body of any a city or county may by resolution submit the question of exceeding the maximum tax
levy provided in subsection (1) to a vote of the qualified electors thereof at the next general election or at a special election
as provided for in Title 13. Such The resolution must be adopted at least 75 days prior to the general election at which the
question will be voted on.
(b) Upon petition being filed with the governing body and signed by not less than 5% of the resident taxpayers of any
city or county requesting an election for the purpose of exceeding the maximum mill levy, the governing body shall submit
to a vote of the qualified electors thereof at the next general election or at a special election as provided for in Title 13 the
question of exceeding the maximum mill levy. Such The petition must be delivered to the governing body at least 90 days
prior to the general election at which the question will be voted on.
(c) The question shall must be submitted by ballots upon which the words "FOR exceeding the ... mill maximum levy
and authorizing an additional ... mill(s) for the library" and "AGAINST exceeding the ... mill maximum library levy" shall
must appear, with a square before each proposition and a direction to insert an "X" mark in the square before one or the
other of the propositions.
(d) The ballots must also specify the amount of time during which the proposed increase exceeding the maximum mill levy is to be in effect.
(e) The votes cast for the adoption or rejection of the question must be canvassed, and:
(i) if a majority of the voters voting on the question vote to exceed the maximum mill levy, the governing body shall
levy the additional tax for the year in which the vote was taken time specified on the ballot; or
(ii) if a majority of the voters voting on the question vote to not exceed the maximum mill levy, the maximum mill levy may not be exceeded.
(3) The municipal tax authorized in this section is in addition to all other taxes authorized by law and is not within the all-purpose mill levy established by 7-6-4451 through 7-6-4453.
(4) The proceeds of such the tax shall must constitute a separate fund called the public library fund and shall may not be
used for any purpose except those of the public library.
(5) No money shall Money may not be paid out of the public library fund by the treasurer of the city or county except by
order or warrant of the board of library trustees.
(6) Bonds may be issued by the governing body in the manner prescribed by law for the erection and equipment of
public library buildings and the purchase of land therefor following purposes:
(a) building, altering, repairing, furnishing, or equipping a public library or purchasing land for the library;
(b) buying a bookmobile or bookmobiles; and
(c) funding a judgment against the library."
- END -
Latest Version of HB 107 (HB0107.ENR)
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