HB 1376-LOCAL - AS INTRODUCED
2000 SESSION
HOUSE BILL 1376-LOCAL
AN ACT relative to the procedure for voting on the school administrative unit budget.
SPONSORS: Rep. Alger, Graf 9; Rep. Hunter, Hills 7; Rep. Fenton, Hills 24; Rep. J. Phinizy, Sull 7; Rep. D. White, Hills 25; Sen. Roberge, Dist 9; Sen. Gordon, Dist 2
This bill:
I. Requires that the school administrative unit budget be divided into categories reflecting the levels of service being provided to school districts within each school administrative unit.
II. Provides an option allowing school administrative unit budgets separated by categories of service, to be presented as a warrant article for a vote at the annual school district meeting.
III. Requires that each school district within a school administrative unit vote only on the expenses of services received by the district in connection with the school administrative unit.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
00-2408
04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand
AN ACT relative to the procedure for voting on the school administrative unit budget.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 School Administrative Units; Budget by School Administrative Unit Board. Amend the section heading of RSA 194-C:9 to read as follows:
194-C:9 Budget by School Administrative Unit Board.
2 New Paragraph; School Administrative Units; Budget Adoption Process Amended. Amend RSA 194-C:9 by inserting after paragraph II the following new paragraph:
III. Paragraph I of this section shall not apply to school districts which have adopted the provisions of RSA 194-C:9-b.
3 New Sections; School Administrative Units; Optional Procedure for Budget Adoption. Amend RSA 194-C by inserting after section 9 the following new sections:
194-C:9-a Method of Adopting Optional Budget Procedure.
I. A school district within a school administrative unit may vote to adopt the provisions of this section for the purpose of adopting their portion of the school administrative unit budget. A majority of those voting within each constituent school district on the question shall be required to adopt this section.
II. Adoption of the provisions of this section shall constitute a vote to conduct official action on the school administrative unit budget pursuant to RSA 194-C:9-b.
III. In order to adopt this section, a constituent school district shall place the question on the warrant of the annual school district meeting under the procedures set forth in RSA 197:6, and the question shall be voted on in accordance with the ballot and voting procedures adopted in the constituent district.
IV. A public hearing shall be held on the question by the local governing body of the school district at least 15 days, but not more than 30 days, before the question is to be voted. Notice of the hearing shall be posted in at least 2 public places in the school district or town and published in a newspaper of general circulation at least 7 days prior to the date of the hearing.
V. The wording of the question shall be: "Shall we adopt the provisions of RSA 194-C:9-b to allow for insertion of the school administrative unit budget as a separate warrant article at annual school district meetings?"
VI. If a majority of those voting on the question vote "yes," RSA 194-C:9-b shall apply within the school district at the annual or special meeting next following, and shall continue until rescinded.
VII. For any town which has adopted a charter under RSA 49-D:3, the method of adoption shall be the manner of amending the charter as provided under RSA 49-B.
194-C:9-b Adoption of School Administrative Unit Budget by Separate Warrant Article.
I. At a meeting held before January 1, the school administrative unit board shall develop a budget required for the expenses of the school administrative unit for the next fiscal year, which budget may include the salary and expenses of supervisors of health, physical education, music, art, and guidance, and any other employees, and shall include the expenses necessary for the operation of the school administrative unit. Superintendents, assistant superintendents, business administrators, teacher consultants, and the regularly employed office personnel of the school administrative unit office shall be deemed employees of the school administrative unit for the purposes of payment of salaries and contributions to the employee's retirement system of the state of New Hampshire and workers' compensation. The school administrative unit board shall apportion the total amount of the budget among the constituent school districts in the following manner: the apportionment shall be based 1/2 on the average membership in attendance for the previous school year and 1/2 on the most recently available equalized valuation of each district as of June 30 of the preceding school year. Prior to January 15 in each year, the board shall certify to the chairperson of the school board of each constituent school district the amount so apportioned.
II. The school administrative unit board shall separate the school administrative unit budget into appropriate categories of service setting forth expenses for services provided at the elementary, middle school, and high school levels, as those levels may be defined within the school administrative unit. The budget shall reflect the projected expenditures for services received within each category within the school administrative unit.
III. The school administrative unit board shall present the budget, categorized pursuant to paragraph II of this section, for a vote by each constituent district within the school administrative unit which adopts the provisions of RSA 194-C:9-b. The budget shall be presented as a warrant article to be voted at the next annual school district meeting pursuant to the provisions of RSA 197.
IV. Each school district within a school administrative unit shall vote only on the category of services received in connection with the school administrative unit.
V. In the event a school administrative unit budget article is not adopted, the constituent districts shall be deemed to have approved the same appropriations as contained in the school administrative unit budget authorized for the previous year, reduced and increased as necessary by debt service, contracts, and other obligations previously incurred or mandated by law. In constituent districts which have adopted the provisions of RSA 40:13, and where the school administrative unit budget article has not been adopted, the provisions of RSA 40:13, XI shall apply.
VI. A constituent school district which has adopted the provisions of this section may consider rescinding its action on the matter. A constituent district which has adopted the provisions of this section and RSA 40:13 shall rescind its action in the manner described in RSA 40:13, III-VI. The wording of the question shall be: "Shall we rescind the provisions of RSA 194-C:9-b as adopted by the (constituent school district) on (date of adoption), so that the school administrative unit budget shall be adopted by the school administrative unit board according to the provisions of RSA 194-C:9?"
4 Effective Date. This act shall take effect 60 days after its passage.