HB 1399 - AS INTRODUCED
2022 SESSION
22-2686
10/11
HOUSE BILL 1399
AN ACT relative to school district withdrawal from a cooperative school district.
SPONSORS: Rep. Pauer, Hills. 26; Rep. Melvin, Rock. 15; Rep. Lang, Belk. 4; Rep. Cambrils, Merr. 9; Rep. Greeson, Graf. 16; Rep. Andrus, Merr. 1; Rep. Wallace, Rock. 12; Sen. Avard, Dist 12
COMMITTEE: Education
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ANALYSIS
This bill modifies the procedures for the disposition of equity and liabilities in buildings, land, and facilities for a school district withdrawing from a cooperative school district.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22-2686
10/11
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT relative to school district withdrawal from a cooperative school district.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Cooperative School Districts; Withdrawal Plan; Property. RSA 195:26, V is repealed and reenacted to read as follows:
V. The equity or liability of the pre-existing school districts and disposition of property of the cooperative school district including the net equity of cooperative school district school buildings, land, or facilities, and each pre-existing school districts' proportional share of investment, as detailed in RSA 195:27.
2 Cooperative School Districts; Withdrawal; Disposition of Property. RSA 195:27 is repealed and reenacted to read as follows:
195:27 Equity or Liability of Pre-Existing School Districts and Disposition of Property.
I. In this section:
(a) "Net equity" means the appraisal of cooperative school district school buildings, land, or facilities in accordance with paragraph II, minus any outstanding indebtedness.
(b) "Proportional share of net equity" means the percentage of investment of the pre-existing school district compared to the total investment of the cooperative school district in the cooperative district school buildings, land, or facilities.
II. Whenever cooperative district school buildings, land, or facilities are to be transfered as part of a cooperative school district withdrawal or dissolution, the cooperative district school buildings, land, or facilities shall be separately appraised by a committee to consist of 3 persons. The commissioner of education shall designate one person on the committee, and the commissioner of revenue administration shall designate 2 persons, one of whom shall be a member of or a qualified appraiser employed by the department of revenue administration. A member who is not in the employ of the state shall be paid $25 per day plus actual expenses in the performance of such member's duties. A member who is in the employ of the state shall not be paid extra compensation other than the state salary, but shall be reimbursed for actual expenses in the performance of such member's duties.
III. A pre-existing school district that withdraws from or is part of a dissolution of a cooperative school district shall be paid by the cooperative school district the pre-existing school district's proportional share of net equity in any cooperative district school buildings, land, or facilities not located in the pre-existing school district.
IV. A pre-existing school district that withdraws from or is part of a dissolution of a cooperative school district shall pay each of the other pre-existing school districts in the cooperative school district each other district's proportional share of net equity in any cooperative district school buildings, land, or facilities located in the pre-existing school district.
V. Upon payments in accordance with paragraphs III and IV, the cooperative school district shall transfer and convey title to any school buildings, land, or facilities located in the pre-existing school district. The pre-existing school district shall assume any remaining indebtedness for such school buildings, land, or facilities.
VI. All other cooperative school district property including but not limited to equipment, vehicles, furniture, and books shall be divided proportionally or reimbursed based each pre-existing school districts' investments in the property and as specified in the agreement for withdrawal plan.
VII. In the case of a dissolution of a cooperative school district, any trust funds, capital reserve funds, revolving funds, non-lapsing funds, and other unexpended funds shall be distributed among the pre-existing districts according to the apportionment formula.
3 Repeal. RSA 195:28, relative to disposition of property, is repealed.
4 Effective Date. This act shall take effect 60 days after its passage.