HB 136-FN – AS INTRODUCED
2009 SESSION
04/10
HOUSE BILL 136-FN
AN ACT relative to the procedure for withdrawing from a cooperative school district.
SPONSORS: Rep. Bickford, Straf 3
This bill allows a withdrawing district the right to recover its share of the equity in any cooperative school district schools.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0462
04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to the procedure for withdrawing from a cooperative school district.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Cooperative School Districts; Liability of Withdrawing District. Amend RSA 195:27 and RSA 195:28 to read as follows:
195:27 Liability of Withdrawing District. Each withdrawing district shall remain liable for its share of the indebtedness of the capital costs of the cooperative school district which is outstanding when the withdrawal vote takes effect, and the withdrawing district shall pay to the cooperative school district annually (a) that percentage of the payments of principal and interest of such debt thereafter due which is the same as the percentage for which the withdrawing district was responsible in the school year immediately preceding the effective date of the withdrawal vote, and (b) all amounts of state aid for the purchase or construction of school buildings and any other state aids which are lost by the cooperative school district after the withdrawal of a district as a result of such withdrawal, as determined by the state board of education, except that the withdrawing district shall not be liable for any indebtedness or loss of state aid or other aid contracted after the district has duly notified the remaining districts in the cooperative that a withdrawal study is being requested. Payments in discharge of such liability shall be made in accordance with a schedule agreed upon by the school board of the cooperative school district and the withdrawing school district or, in the event they fail to agree, as fixed by the state board of education. Such payments shall be deemed to be trust funds and shall be applied by the cooperative school district solely in payment of its indebtedness which was incurred to finance cooperative school facilities and which was outstanding on the effective date of the withdrawal vote. A school district which withdraws from the cooperative school district shall [forfeit its] have the right to recover its share of the equity in any cooperative district schools.
195:28 Disposition of Property. If a pre-existing school district withdraws from the cooperative school district, the cooperative school district shall transfer and convey title to any school building and land located in the withdrawing district to the withdrawing district upon payment by the withdrawing district of the costs of capital improvements and additions to said school building incurred by the cooperative school district, less the share which the withdrawing school district has already paid toward such costs and the share which the withdrawing school district is required to contribute toward such costs as provided in RSA 195:27. The amount of said capital improvements and additions and the time of transfer of title shall be determined by the agreement for withdrawal between the cooperative school district and the withdrawing school district. The withdrawing school district [forfeits its] shall have the right to recover its share of the equity in all other cooperative school district facilities.
2 Effective Date. This act shall take effect 60 days after its passage.
LBAO
09-0462
12/22/08
HB 136-FN - FISCAL NOTE
AN ACT relative to the procedure for withdrawing from a cooperative school district.
FISCAL IMPACT:
The Department of Education states this bill may increase local revenue and expenditures by an indeterminable amount in FY 2009 and each fiscal year thereafter. There will be no fiscal impact on state and county revenue and expenditures.
METHODOLOGY:
The Department of Education states this bill allows a pre-existing school district to withdraw from a cooperative school district and recover its share of equity in the property of the cooperative school district. This bill may increase expenditures of the cooperative school district that must pay the withdrawing school district its share of equity, and therefore may also increase revenues of the withdrawing school district. The Department further states the amount of fiscal impact will vary from one cooperative school district to another and even within a cooperative school district because of the differences in land value from town to town and the funding formulae for capital expenses from school district to school district.