20-9-161. Definition of budget amendment for budgeting purposes. As used in this title, unless the context clearly indicates otherwise, the term "budget amendment" for the purpose of school budgeting means an amendment to an adopted budget of the district for the following reasons:
(1) an increase in the enrollment of an elementary or high school district that is beyond what could reasonably have been anticipated at the time of the adoption of the budget for the current school fiscal year whenever, because of the enrollment increase, the district's budget for any or all of the regularly budgeted funds does not provide sufficient financing to properly maintain and support the district for the entire current school fiscal year;
(2) the destruction or impairment of any school property necessary to the maintenance of the school, by fire, flood, storm, riot, insurrection, or act of God, to an extent rendering school property unfit for its present school use;
(3) a judgment for damages against the district issued by a court after the adoption of the budget for the current year;
(4) an enactment of legislation after the adoption of the budget for the current year that imposes an additional financial obligation on the district;
(5) the receipt of:
(a) a settlement of taxes protested in a prior school fiscal year;
(b) taxes from a prior school fiscal year as the result of a tax audit by the department of revenue or its agents;
(c) delinquent taxes from a prior school fiscal year; and
(d) a determination by the trustees that it is necessary to expend all or a portion of the taxes received under subsection (5)(a), (5)(b), or (5)(c) for a project or projects that were deferred from a previous budget of the district; or
(6) any other unforeseen need of the district that cannot be postponed until the next school year without dire consequences affecting:
(a) the safety of the students and district employees; or
(b) the educational functions of the district. Any budget amendment adopted pursuant to this subsection (6)(b) that in combination with other budget amendments within the same school fiscal year exceeds 10% of the district's adopted general fund budget must be reported by the school district to the education and local government interim committee and the board of public education with an explanation of why the budget amendment is necessary.
History: En. 75-6723 by Sec. 229, Ch. 5, L. 1971; R.C.M. 1947, 75-6723; amd. Sec. 19, Ch. 392, L. 1979; amd. Sec. 11, Ch. 767, L. 1991; amd. Sec. 40, Ch. 451, L. 1995; amd. Sec. 16, Ch. 22, L. 1997; amd. Sec. 10, Ch. 554, L. 1999; amd. Sec. 11, Ch. 418, L. 2011.