HOUSE BILL NO. 133
INTRODUCED BY R. BUZZAS, B. BARNHART, S. BARTLETT, G. BECK, C. CHRISTIAENS, P. CLARK, V. COCCHIARELLA, T. DELL, S. DOHERTY, D. ECK, B. EGGERS, J. ELLINGSON, R. ERICKSON, D. EWER, T. FACEY, E. FRANKLIN, G. GOLIE, M. GUGGENHEIM, G. GUTSCHE, T. HAGENER, M. HALLIGAN, H. HARPER, G. JERGESON, C. JUNEAU, S. KITZENBERG, B. KRENZLER, M. LINDEEN, D. MAHLUM, J. MANGAN, G. MATTHEWS, L. MCCULLOCH, L. NELSON, R. PECK, J. QUILICI, S. ROSE, G. ROUSH, B. RYAN, S. STANG, E. SWANSON, J. TESTER, C. TUSS, M. WATERMAN, C. WILLIAMS, D. WYATT, D. HARRINGTON, T. SCHMIDT
BY REQUEST OF THE OFFICE OF PUBLIC INSTRUCTION
A BILL FOR AN ACT ENTITLED: "AN ACT INCREASING THE TOTAL PER-ANB AND THE BASIC
ENTITLEMENT FOR PUBLIC SCHOOLS IN FISCAL YEARS 2000 AND 2001; INCREASING THE TOTAL
PER-ANB ENTITLEMENT FOR AN ELEMENTARY SCHOOL DISTRICT OR A K-12 DISTRICT ELEMENTARY
PROGRAM TO $3,546 $3,461 FOR SCHOOL FISCAL YEAR 2000 AND TO $3,688 $3,513 FOR SCHOOL FISCAL
YEAR 2001; INCREASING THE TOTAL PER-ANB ENTITLEMENT FOR A HIGH SCHOOL DISTRICT OR A K-12
DISTRICT HIGH SCHOOL PROGRAM TO $4,868 $4,821 FOR SCHOOL FISCAL YEAR 2000 AND TO $4,966 $4,869
FOR SCHOOL FISCAL YEAR 2001; INCREASING THE BASIC ENTITLEMENT FOR EACH ELEMENTARY
DISTRICT OR K-12 DISTRICT ELEMENTARY PROGRAM TO $21,500 $25,000 FOR SCHOOL FISCAL YEAR 2000
AND TO $25,000 FOR SCHOOL FISCAL YEAR 2001; INCREASING THE BASIC ENTITLEMENT FOR EACH HIGH
SCHOOL DISTRICT OR K-12 DISTRICT HIGH SCHOOL PROGRAM TO $204,000 $202,000 FOR SCHOOL FISCAL
YEAR 2000 AND TO $208,080 $204,020 FOR SCHOOL FISCAL YEAR 2001; APPROPRIATING $13 MILLION FOR
FISCAL YEAR 2000 FOR SCHOOL BUILDING MAINTENANCE, CONSTRUCTION, AND RECONSTRUCTION,
TECHNOLOGY ACQUISITION, TEXTBOOKS, CLASSROOM SUPPLIES, AND LIBRARY MATERIALS;
AMENDING SECTION SECTIONS 20-9-306 AND 20-9-375, MCA; AND PROVIDING EFFECTIVE DATES,
APPLICABILITY DATES, AND A TERMINATION DATE."
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 40% of the basic entitlement and 40% 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 40% of the basic entitlement, up to 40% 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) $200,000 $204,000 $202,000 for each high school district;
(b) $18,000 $21,500 $25,000 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) $18,000 $21,500 $25,000 times the ratio of the ANB for kindergarten through grade 6 to the total ANB of
kindergarten through grade 8; plus
(ii) $200,000 $204,000 $202,000 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 40% of the basic entitlement and 40% 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 $4,773 $4,868 $4,821 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 $3,410 $3,546 $3,461 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 $3,410 $3,546 $3,461 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 $4,773 $4,868 $4,821 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 40% of the basic entitlement and 40% 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 40% of the basic entitlement, up to 40% 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) $200,000 $208,080 $204,020 for each high school district;
(b) $18,000 $25,000 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) $18,000 $25,000 times the ratio of the ANB for kindergarten through grade 6 to the total ANB of kindergarten
through grade 8; plus
(ii) $200,000 $208,080 $204,020 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 40% of the basic entitlement and 40% 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 $4,773 $4,966 $4,869 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 $3,410 $3,688 $3,513 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 $3,410 $3,688 $3,513 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 $4,773 $4,966 $4,869 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. SECTION 20-9-375, MCA, IS AMENDED TO READ:
"20-9-375. Aid for building maintenance, construction, and reconstruction, technology acquisition, textbooks,
classroom supplies, or library materials, and building maintenance. (1) The Pursuant to this section, the superintendent
of public instruction shall allocate the amount appropriated in [section 4] for building maintenance, construction, and
reconstruction, technology acquisition, textbooks, classroom supplies, or library materials, and building maintenance to
each district based on the per-ANB of the district.
(2) The district may deposit the all or a portion of the funds received under this section subsection (1) in the
miscellaneous programs fund authorized in 20-9-507, the building fund authorized in 20-9-508, or the technology
acquisition fund authorized in 20-9-533.
(3) Any portion of the funds Funds deposited in the miscellaneous programs fund must be restricted may be used only
for building maintenance, construction, or reconstruction, technology acquisition, textbooks, classroom supplies, or library
materials, and building maintenance.
(4) Funds deposited in the building fund must be used consistent with the requirements of 20-9-508.
(5) Any portion of the funds Funds deposited in the technology acquisition fund must be used consistent with the
requirements of 20-9-533."
NEW SECTION. SECTION 4. APPROPRIATION. THERE IS APPROPRIATED FROM THE GENERAL FUND TO THE OFFICE OF PUBLIC INSTRUCTION, $13 MILLION FOR THE SCHOOL FISCAL YEAR BEGINNING JULY 1, 1999, FOR THE PURPOSES PROVIDED FOR IN [SECTION 3].
NEW SECTION. Section 5. Effective dates -- applicability. (1) Except as provided in subsection (2), [this act] is effective on July 1, 1999, and applies to school budgets for the school fiscal year beginning July 1,1999.
(2) [Section 2] is effective July 1, 2000, and applies to school budgets for school fiscal years beginning on or after July 1, 2000.
NEW SECTION. Section 6. Termination. [Section SECTIONS 1 AND 3] terminates TERMINATE June 30, 2000.
- END -
Latest Version of HB 133 (HB0133.02)
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