Bill Text: NH HB493 | 2019 | Regular Session | Introduced


Bill Title: Relative to adoption of cooperative school district budget.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-03-19 - Inexpedient to Legislate: Motion Adopted Voice Vote 03/19/2019 House Journal 10 P. 19 [HB493 Detail]

Download: New_Hampshire-2019-HB493-Introduced.html

HB 493 - AS INTRODUCED

 

 

2019 SESSION

19-0528

06/05

 

HOUSE BILL 493

 

AN ACT relative to adoption of cooperative school district budget.

 

SPONSORS: Rep. Comeau, Carr. 5

 

COMMITTEE: Education

 

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ANALYSIS

 

This bill provides a method for a cooperative school district to place an article on the warrant for an elected budget committee.  This bill also permits a cooperative school district to adopt a local tax cap.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-0528

06/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to adoption of cooperative school district budget.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Cooperative School Districts; Adoption of Budget.  Amend RSA 195:7, I(c) to read as follows:

(c)  Some other formula offered by the cooperative school board with the board's recommendation, adopted by the cooperative school district pursuant to RSA 197:6, and approved by the state board of education.

2  Cooperative School Districts; Reconsideration Procedure.  Amend RSA 195:8 to read as follows:

195:8  Reconsideration Procedure.  If a cooperative school district was organized prior to July 1, 1963, the basis for the apportionment of all such costs may be subject to review, pursuant to an article for that purpose duly inserted in the warrant pursuant to RSA 197:6, for a district meeting to be held at any time after the expiration of the 5-year period measured from the date of the first annual meeting.  If the apportionment formula for a cooperative school district has been duly changed, the basis for the apportionment of all such costs may be subject to review, pursuant to an article for that purpose duly inserted in the warrant for a district meeting to be held at any time after the expiration of the 5-year period measured from the date of the meeting at which the last change was made to the cost apportionment formula.  In either case, the cooperative school district may then by majority vote elect to apportion all such costs by the adoption of one of the formulas set forth in RSA 195:7, I(a), (b), or (c).  Such apportionment may be reviewed in the same manner at any time in order to permit the enlargement of the territory of a school district or an increase in the number of grades for which the district shall be responsible.

3  Cooperative School Districts; Composition of Cooperative School Boards.  Amend RSA 195:14-a, II to read as follows:

II.  The question on the adoption of an alternative method of apportioning operating costs shall be proposed as an article in the warrant of the next cooperative school district annual or special meeting pursuant to RSA 195:13 and RSA 197:6.  A majority of voters present and voting on the question in each city or town in the cooperative school district shall be required to approve the alternative method of apportioning operating costs.  Upon approval, the clerk of the cooperative school district shall send to the state board of education a certified copy of the warrant.

4  Cooperative School Districts; Budget Committee.  Amend RSA 195:12-a, I to read as follows:

I.  A cooperative school district at an annual meeting, under a proper article inserted in the warrant pursuant to RSA 197:6, may vote to establish a budget committee pursuant to RSA 32:14 and may rescind such action in a like manner.  The budget committee shall have the same number of members as the cooperative district school board plus one additional member from the school board as provided in this paragraph.  The terms of office and manner of election of members shall be determined in the same manner as for the cooperative school board.  Whenever it is voted to establish a budget committee, the moderator in the first instance shall appoint the members of the budget committee, except for the additional member appointed from the school board, within 15 days of the vote establishing the committee.  The members appointed by the moderator shall serve until the next annual meeting when the meeting shall elect their successors.  No member of the cooperative school board shall be appointed or elected to the budget committee except that the chairperson of the cooperative school board shall appoint a member of the board to serve on the budget committee with all the powers and duties of any other member of the committee.  After appointment or election the budget committee shall promptly organize and choose a chairperson, vice-chairperson, and secretary.  The secretary shall keep records of the proceedings of the budget committee, which shall be public records open to public inspection.

5  New Sections; Cooperative School Districts; Local Tax Cap.  Amend RSA 195 by inserting after section 12-a the following new sections:

195:12-b  Local Tax Cap.  Upon adoption under RSA 195:12-c, the following shall apply:

I.  In a cooperative school district that has adopted this section, the estimated amount of local taxes to be raised for the fiscal year, as shown on the budget certified by the governing body or the budget committee and posted with the warrant for the annual meeting pursuant to RSA 195:13 or 197:6, shall not exceed the local taxes raised for the prior year, as shown on the same budget and adjusted as provided in paragraph II, by more than the tax cap authorized when this section was adopted.

II.  If the local taxes raised for the prior year were reduced by any fund balance brought forward from previous years, the amount of such reduction shall be added back and included in the amount to which the tax cap is applied under paragraph I.

III.  The tax cap shall be either a fixed dollar amount or a fixed percentage applied to the amount of local taxes raised by the district for the prior fiscal year as reported to the department of revenue administration, subject to adjustment as provided in paragraph II.

IV.  The legislative body may override the cap by the usual procedures applicable to annual meetings and deliberative sessions of the legislative body.  The provisions of this section shall not limit the legislative body's authority to increase or decrease the amount of any appropriation or the total amount of all appropriations.

195:12-c  Adoption of Local Tax Cap.

I.  The provisions of RSA 195:12-b may be adopted by any cooperative school district of the state whose legislative body raises and appropriates funds through an annual meeting.  A 3/5 majority of those voting on the question shall be required to adopt the provisions of RSA 195:12-b.  Only votes in the affirmative or negative shall be included in the calculation of the 3/5 majority.

II.  The question shall be placed on the warrant of the annual meeting by the governing body or by petition under the procedures set out in RSA 197:6.

III.  A public hearing shall be held by the local governing body on the question at least 15 days, but not more than 30 days, before the question is to be voted on.  A public hearing shall be held in each town embraced by the district, none of which shall be held on the same day.  Notice of the hearing shall be posted in at least 2 public places in each town of the district, and published in a newspaper of general circulation at least 7 days prior to the date of the hearing.

IV.  The wording of the question shall be:  "Shall we adopt the provisions of RSA 195:12-b, and implement a tax cap whereby the governing body (or budget committee) shall not submit a recommended budget that increases the amount to be raised by local taxes, based on the prior fiscal year's actual amount of local taxes raised, by more than _____ (insert either a fixed dollar amount or a fixed percentage)?"

V.  Voting on the question shall be by ballot, but the question shall not be placed on the official ballot used to elect officers, except in the case of a legislative body that uses an official ballot form of meeting under RSA 40:13.  Polls shall remain open and ballots shall be accepted by the moderator for a period of not less than one hour following the completion of discussion on the question.  If a 3/5 majority of those voting on the question vote "yes," RSA 195:12-b shall apply within the cooperative school district beginning with the following fiscal year and for all subsequent years until it is rescinded as provided in paragraph VI.

VI.  Any cooperative school district which has adopted RSA 195:12-b may consider rescinding its action in the manner described in paragraphs I through V.  The wording of the question shall be:  "Shall we rescind the provisions of RSA 195:12-b, known as the tax cap, as adopted by the cooperative school district on (date of adoption), so that there will no longer be a limit on increases to the recommended budget in the amount to be raised by local taxes?"  A 3/5 majority of those voting on the question shall be required to rescind the provisions of this section.  Only votes in the affirmative or negative shall be included in the calculation of the 3/5 majority.

6  Effective Date.  This act shall take effect 60 days after its passage.

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