Basic county tax for high school equalization and other revenue for county equalization of high school BASE funding program
(1) Subject to 15-10-420, the county commissioners of each county shall levy an annual basic county tax of 22 mills on the dollar of the taxable value of all taxable property within the county, except for property subject to a tax or fee under 61-3-321(2) or (3), 61-3-529, 61-3-537, 61-3-562, 61-3-570, and 67-3-204, for the purposes of high school equalization and state BASE funding program support. The revenue collected from this levy must be apportioned to the support of the BASE funding programs of high school districts in the county and to the state general fund in the following manner:
(a) In order to determine the amount of revenue raised by this levy that is retained by the county, the sum of the estimated revenue identified in subsection (2) must be subtracted from the sum of the county's high school tuition obligation and the total of the BASE funding programs of all high school districts of the county.
(b) If the basic levy and other revenue prescribed by this section produce more revenue than is required to repay a state advance for county equalization, the county treasurer shall remit the surplus funds to the department of revenue, as provided in 15-1-504, for deposit to the state general fund immediately upon occurrence of a surplus balance and each subsequent month, with any final remittance due no later than June 20 of the fiscal year for which the levy has been set.
(2) The revenue realized from the county's portion of the levy prescribed in this section and the revenue from the following sources must be used for the equalization of the high school BASE funding program of the county as prescribed in 20-9-335, and a separate accounting must be kept of the revenue by the county treasurer in accordance with 20-9-212(1):
(a) any money remaining at the end of the immediately preceding school fiscal year in the county treasurer's accounts for the various sources of revenue established in this section;
(b) any federal or state money distributed to the county as payment in lieu of property taxation, including federal forest reserve funds allocated under the provisions of 17-3-213;
(c) gross proceeds taxes from coal under 15-23-703; and
(d) oil and natural gas production taxes.
(1) Subject to 15-10-420, the The county commissioners of each county shall levy an annual basic county tax of 22 mills on the dollar of the taxable value of all taxable property within the county, except for property subject to a tax or fee under 61-3-321(2) or (3), 61-3-529, 61-3-537, 61-3-562, 61-3-570, and 67-3-204, for the purposes of high school equalization and state BASE funding program support. The revenue collected from this levy must be apportioned to the support of the BASE funding programs of high school districts in the county and to the state general fund school equalization and property tax reduction account established in 20-9-336 in the following manner:
(a) In order to determine the amount of revenue raised by this levy that is retained by the county, the sum of the estimated revenue identified in subsection (2) must be subtracted from the sum of total the of county's high the school BASE tuition obligation and the funding total of programs the of BASE funding programs of all all high school districts of the county.
(b) If the basic levy and other revenue prescribed by this section produce more revenue than is required to repay a state advance for county equalization, the county treasurer shall remit the surplus funds to the department of revenue, as provided in 15-1-504, for deposit to the state general fund immediately upon occurrence of a surplus balance school equalization and each subsequent month, with any final remittance due no later than June 20 of the property tax reduction account established in 20-9-336 immediately on occurrence of a surplus balance and fiscal year for which the levy has been set. each subsequent month, with any final remittance due no later than June 20 of the fiscal year for which the levy has been set.
(2) The revenue realized from the county's portion of the levy prescribed in this section and the revenue from the following sources must be used for the equalization of the high school BASE funding program of the county as prescribed in 20-9-335, and a separate accounting must be kept of the revenue by the county treasurer in accordance with 20-9-212(1):
(2) (a) any money remaining at The revenue realized from the end county's portion of the immediately preceding school fiscal year levy prescribed in this section and the county treasurer's accounts for the revenue various from the following sources of revenue established must be deposited in this section; the school equalization and property tax reduction account established in 20-9-336 and be used for the equalization of the high school BASE funding program of the county as prescribed in 20-9-335:
(i) any money remaining at the end of the immediately preceding school fiscal year in the county treasurer's accounts for the various sources of revenue established in this section;
(ii) any federal or state money distributed to the county as payment in lieu of property taxation, including federal forest reserve funds allocated under the provisions of 17-3-213; and
(iii) gross proceeds taxes from coal under 15-23-703.
(b) any federal or state money distributed to In accordance with 20-9-212(1), the county as payment in lieu treasurer shall keep a separate accounting of property taxation, including federal forest reserve funds allocated under the provisions of 17-3-213; revenue provided for in subsection (2)(a).
(c) gross proceeds taxes from coal under 15-23-703; and
(d) oil and natural gas production taxes.
Basic county tax for high school equalization and other revenue for county equalization of high school BASE funding program
| EnactedEn. 75-6913 by SectionSec. 263, ChapterCh. 5, Laws ofL. 1971 |
| AmendedAmd. SectionSec. 2, ChapterCh. 355, Laws ofL. 1973 |
| Revised Codes of MontanaR.C.M. 1947, 75-6913 |
| AmendedAmd. SectionSec. 1, ChapterCh. 277, Laws ofL. 1983 |
| AmendedAmd. SectionSec. 2, ChapterCh. 418, Laws ofL. 1983 |
| AmendedAmd. SectionSec. 3, ChapterCh. 699, Laws ofL. 1983 |
| AmendedAmd. SectionSec. 2, ChapterCh. 50, Laws ofL. 1985 |
| AmendedAmd. SectionSec. 3, ChapterCh. 265, Laws ofL. 1985 |
| AmendedAmd. SectionSec. 3, ChapterCh. 299, Laws ofL. 1985 |
| AmendedAmd. SectionSec. 2, ChapterCh. 552, Laws ofL. 1985 |
| AmendedAmd. SectionSec. 14, ChapterCh. 695, Laws ofL. 1985 |
| AmendedAmd. SectionSec. 17, ChapterCh. 611, Laws ofL. 1987 |
| AmendedAmd. SectionSec. 21, ChapterCh. 655, Laws ofL. 1987 |
| AmendedAmd. Secs. 36, 85, ChapterCh. 11, Sp. Laws ofL. June 1989 |
| AmendedAmd. SectionSec. 10, ChapterCh. 267, Laws ofL. 1991 |
| AmendedAmd. SectionSec. 5, ChapterCh. 6, Special Session LawsSp. L. July 1992 |
| AmendedAmd. SectionSec. 55, ChapterCh. 633, Laws ofL. 1993 |
| AmendedAmd. SectionSec. 18, ChapterCh. 9, Sp. Laws ofL. November 1993 |
| AmendedAmd. SectionSec. 42, ChapterCh. 451, Laws ofL. 1995 |
| AmendedAmd. SectionSec. 34, ChapterCh. 509, Laws ofL. 1995 |
| AmendedAmd. SectionSec. 4, ChapterCh. 580, Laws ofL. 1995 |
| AmendedAmd. SectionSec. 22, ChapterCh. 22, Laws ofL. 1997 |
| AmendedAmd. SectionSec. 11, ChapterCh. 496, Laws ofL. 1997 |
| AmendedAmd. SectionSec. 16, ChapterCh. 515, Laws ofL. 1999 (HB 540 - Grinde, Larry (R) HD 94) |
| AmendedAmd. SectionSec. 12, ChapterCh. 554, Laws ofL. 1999 (SB 530 - Bishop, Al (R) SD 9) |
| AmendedAmd. SectionSec. 112, ChapterCh. 584, Laws ofL. 1999 (SB 184 - Grosfield, Lorents (R) SD 13) |
| AmendedAmd. SectionSec. 7, ChapterCh. 191, Laws ofL. 2001 (SB 175 - Glaser, Bill (R) SD 8) |
| AmendedAmd. SectionSec. 11, ChapterCh. 257, Laws ofL. 2001 (SB 144 - Nelson, Linda (D) SD 49) |
| AmendedAmd. SectionSec. 120, ChapterCh. 574, Laws ofL. 2001 (HB 124 - Story, Bob (R) HD 24) |
| AmendedAmd. SectionSec. 18, ChapterCh. 542, Laws ofL. 2005 (SB 285 - Story, Bob (R) SD 30) |