November 2017 Special Legislative Session. Denise Williams, Executive Director MASBO Executive Director (406)

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November 2017 Special Legislative Session Denise Williams, Executive Director MASBO Executive Director (406) 461-3659 dwilliams@masbo.com

Agenda Review legislation passed in the 2017 regular session HB647 & HB2 General Fund tax shifts SB261 State budget contingency plans 17-7-140, MCA - Reduction in Spending November 2017 special session SB2 HB2 HB6 Moving forward

HB2/HB647 General Fund tax shifts House Bill 2 is the General Appropriations Bill House Bill 647 implements Section E of HB2 HB 647 Provision Funding from State Local Taxpayer Eliminate NRD payment Decrease Increase Eliminate GF Block Grant Decrease Increase *Guaranteed Tax Base Aid (GTB) increased over 4 year period Increase Decrease *GTB statewide guarantee ratio FY2018 193% (no change) FY2019 216% FY2020 224% FY2021 232% Districts that already qualify for GTB will receive more More districts will qualify

Funding the BASE Budget Adopted Budget Over-BASE Levy BASE Budget BASE Levy (permissive) Guaran -teed Tax Base Aid (GTB) GTB Budget Area DSA/SPED/ 5 Funding Components Local Revenues Revenues from State

Adopted Budget Funding the BASE Budget FY2018 Over-BASE Levy BASE Budget BASE Levy (permissive) GTB Revenue that reduces BASE levy requirement DSA/SPED/ 5 Funding Components FB Reappropriated Oil and gas revenue School Block Grant Local revenue required to be anticipated Other non-levy revenue K-12 Funding Payment

Adopted Budget Funding the BASE Budget FY2018 Over-BASE Levy BASE Budget Increases GTB budget area BASE Levy (permissive) GTB DSA/SPED/ 5 Funding Components FB Reappropriated Oil and gas revenue School Block Grant Local revenue required to be anticipated Other non-levy revenue K-12 Funding Payment

Funding the BASE Budget State Guaranteed Tax Base Aid (GTB) State subsidy for BASE mills Eligibility is based on the ratio between the district s taxable value and the district s GTB Budget Area as compared to the statewide taxable value X 193%* and the GTB Budget Areas of all districts statewide. Districts with a ratio lower than the statewide ratio qualify for GTB aid *GTB statewide guarantee ratio FY2018 193% (no change) FY2019 216% FY2020 224% FY2021 232% Districts that already qualify for GTB will receive more More districts will qualify

SB261 State Budget Contingency Plan but WAIT! Let s Review Some Basic Concepts...

Schools: Budget Authority vs. Cash BUDGET AUTHORITY (annual) Budget amounts are estimates of what you intend to receive in revenue and what you intend to spend to operate the school for the year. 20-9-133, MCA: Trustees must formally approve (adopt) an expenditure budget in order to spend money during the fiscal year (July 1 June 30). Total expenditures made (or liabilities incurred) during the year must be within the approved budget. CASH The actual amount of money you have on hand to spend! REVENUE doesn t materialize Tax receipts aren t paid timely or are paid under protest EXPENDITURES unanticipated events = unanticipated expenditures

State: Revenue Estimates & Appropriations vs. Cash BUDGET AUTHORITY (biennial) Article VI, sec. 9 requires Governor to submit a budget (proposed expenditures and estimated revenues) 5-5-227, MCA requires Revenue & Transportation Interim Committee to prepares revenue projections Article VIII, sec. 9 prohibits legislature from appropriating funds in excess of the anticipated revenue HB2 Appropriations for state general fund CASH The actual amount of money you have on hand to spend! REVENUE Rate of revenue growth didn t materialize EXPENDITURES unanticipated events = unanticipated expenditures supplemental appropriation requests

SB261 State Budget Contingency Plan SB261 Revise state fiscal laws See Introduction on Overview of Key Impacts of the 2017 Legislature (MT-PEC handout) State s ending fund balance dropped from $354 million to $110 million when they entered the 2017 session. Governor s proposed budget contained cuts in budget authority and tax shifts; legislature began with even more cuts, including K-12 education. Basic options considered Cuts to budget authority (affects spending limits) Cuts to funding (shifts taxes to local level)

SB261 State Budget Contingency Plan SB261 Revise state fiscal laws Revises state budgeting laws to establish a budget stabilization reserve fund. Addresses state general fund budget reductions that the Governor shall order in the event of a general fund budget deficit. For 2018-2019 biennium, establishes general fund revenue shortfall triggers that result in reductions in appropriations.

SB261 State Budget Contingency Plan First trigger affecting schools (level 2) If FY2017 shortfall is 0.4% or more, the following approps will be reduced by 0.5% in FY2018 and FY2019: OPI State Level Activities Montana Digital Academy In-State Treatment Adult Basic Education At-Risk Student Payment Special Education Audiological Services Agricultural Education Secondary Vo-Ed Gifted and Talented State Tuition Payments School Foods

SB261 State Budget Contingency Plan Second trigger affecting schools (level 4) If FY2017 shortfall is 1.5% or more, the following cuts to state aid to schools will be implemented in FY2018 and FY2019: $500,000 per year CTE funding Data for Achievement payment suspended Combined School Fund Block Grant cut (approx. 50%) FY2019 NRD payment for SB307 state school major maintenance aid

17-7-140, MCA Reduction in Spending Governor is chief budget officer Governor shall ensure that state expenditures do not exceed available revenue Governor can order cuts to general fund appropriations in the event of a state general fund budget deficit Exceptions include school BASE funding program, including special education Cuts related to Education: State paid Tuition was cut by $25,000 in FY2018 and FY2019 OPI s agency budget was cut by approximately $1.7 million

November 2017 Special session Senate Bill 2 Revise laws related to school funding block grants and reimbursements Transportation Fund State Transportation Reimbursement cut by $1.693 million for FY2018 and FY2019 OPI shall prorate payments, if necessary District Transportation Block Grant permanently removed beginning FY2019 Combined Fund Block Grant permanently removed beginning FY2019 County block grants for transportation and retirement permanently removed beginning FY2019

November 2017 Special session SB2, Section 10: No local levy increase in FY2018, FY2019, FY2020 and FY2021 Trustees shall transfer funds from any budgeted or nonbudgeted fund (except Retirement and Debt Service) to the Transportation fund to eliminate an increase in school district property taxes resulting from the reductions in this act. Notes: This is a temporary exception to 20-9-208, MCA which contains the general rules for transfers between funds. Initial draft said, may transfer but bill sponsor and other legislators changed to shall transfer because intent is not to raise the local tax levy to offset reduced state payments.

November 2017 Special session House Bill 2 State General Fund Appropriations revised SB261 reductions (levels 2 & 4) Cuts under 17-7-140 MCA House Bill 6 Fund Transfers ($9.9 million total) Facilities Debt Service Assistance moved to Guarantee Account Guarantee account is first source of funding for K-12 BASE aid; then state general fund kicks in More money in Guarantee Account means less money needed from state general fund SB260 and HB390 appropriations for Coal sub-trust for SB307 building fund permissive levy state subsidy. FY2019 funds will be moved to state general fund (no SB307 help in FY2019).

Best Practices Understand the nature and timing of the changes Balance with county treasurer monthly Project ending fund balance at least a few months prior to fiscal year end Budgeting strategies: Consider excess funds that can be transferred Compensated Absences Fund Lease Rental Agreement Fund General Fund reappropriation Maximize reserves, if possible General Fund 10% Transportation Fund 20% Retirement Fund 20% Adult Education Fund 35%

Resources OPI website: 2017 Summary of Legislation Related to K-12 Education SB 261 Reduction Information (spreadsheet) 2017 Special Session Recap MT-PEC website: Guidance for SB261 MT-PEC Clarification on OPI Guidance OPI Guidance on 2017 special session (revised version coming soon!)