SB486 (2010) Detail

Relative to the school building aid program.


CHAPTER 246

SB 486-FN – FINAL VERSION

03/10/10 0911s

03/24/10 1130s

06/02/10 2282CofC

2010 SESSION

10-2768

04/03

SENATE BILL 486-FN

AN ACT relative to the school building aid program.

SPONSORS: Sen. Kelly, Dist 10; Sen. Janeway, Dist 7; Sen. D'Allesandro, Dist 20

COMMITTEE: Education

AMENDED ANALYSIS

This bill:

I. Provides that no school building aid or alternative school building aid grants shall be made to school districts for projects approved on or after June 30, 2010 through June 30, 2011.

II. Provides that the commissioner of the department of education, upon recommendation of the state fire marshal, may grant a waiver to the suspension of school building aid under circumstances involving danger or risk to the life or safety of a building’s occupants or other persons.

III. Amends the membership and duties of the committee to study the school building aid grant program established in 2009, 144:13.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/10/10 0911s

03/24/10 1130s

06/02/10 2282CofC

10-2768

04/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to the school building aid program.

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

246:1 Statement of Purpose.

I. The general court recognizes that the state of New Hampshire has a role in providing financial assistance for school building costs to ensure that all children can attend safe and viable schools.

II. The committee on school building aid established by 2009 Laws, chapter 144 found in its interim report dated December 15, 2009 that the cost of program financing has grown 150 percent in the last decade and that the existing growth rate of the present school building aid program is not sustainable indefinitely into the future. The committee recommended that the general court honor its outstanding obligations for school building aid. At the same time, the committee recognized the need to redesign the state's school building aid program to ensure that children in every part of the state attend school in suitable buildings while also ensuring that eligibility criteria provide access to aid to those communities with the greatest need.

III. The committee further recommended that the general court consider implementing a temporary one-year suspension of school building aid to provide the committee sufficient time to complete its review of the future structure and operation of the school building aid program and present any findings and recommendations for subsequent legislative deliberation and action. The general court finds that such a temporary suspension is needed both to redesign the current program and to provide school districts and municipalities with sufficient notice of the redesigned program prior to consideration of future school construction.

IV. In finding that a temporary one-year suspension in the building aid program will allow for the redesign of the program to ensure for its long-term sustainability, the general court recognizes and agrees, as the committee found in its interim report, that there should be a waiver process during the suspension period to address remediation of school buildings prior to the end of the suspension period.

246:2 School Building Aid; Alternative School Building Aid.

I. Notwithstanding RSA 198:15-a through RSA 198:15-hh and RSA 198:15-u through RSA 198:15-w, and notwithstanding the school building aid funding provisions of 2009, 144:11, the commissioner of the department of education shall issue no school building aid or alternative school building aid for any project approved on or after June 30, 2010 through June 30, 2011.

II.(a) The commissioner of the department of education, upon recommendation of the state fire marshal, may grant a waiver to the suspension of school building aid under paragraph I if the state fire marshal or designee determines, based on reasonable information and belief, that:

(1) The condition of such school building or portion thereof constitutes a clear and imminent danger to the life or safety of occupants or other persons, and requires remediation prior to July 1, 2011; or

(2) A structural deficiency in the function or operation of a school building or portion thereof presents a substantial risk to the life or safety of the occupants or other persons, and is more than a technical violation of the fire code, and requires remediation prior to July 1, 2011.

(b) Any school building aid provided under a waiver granted pursuant to this paragraph shall be limited to the costs associated with the remediation of the conditions or structural deficiencies set forth in this paragraph.

III. Paragraph I of this section shall not apply to a school district which, as of the effective date of this section, has an interest in the outcome of legal proceedings relating to school building aid or to a petition filed by a school district under RSA 197:3, provided that not more than 90 days after the court issues a final order which has the effect of allowing a special school district meeting, such school district shall be subject to the provisions of paragraph I. In this paragraph, “interest in the outcome of legal proceedings” means a school district which was a party to legal proceedings relating to school building aid during the fiscal year ending June 30, 2010, or is involved in such legal proceedings as of the effective date of this paragraph.

246:3 Committee to Study the School Building Aid Grant Program; Membership. Amend 2009, 144:13, I(a)-(b) to read as follows:

(a) [Two] Three members of the senate, one of whom shall be a member of the senate education committee, appointed by the president of the senate.

(b) [Three] Four members of the house of representatives, 2 of whom shall be members of the house education committee, appointed by the speaker of the house of representatives.

246:4 Committee to Study the School Building Aid Grant Program; Duties. Amend 2009, 144:13, IV to read as follows:

IV. The committee [may] shall solicit and [receive] consider testimony and other information on the goals, procedures, structure, and operation of the school building aid grant program from any person or organization with information or expertise relevant to the committee’s objective in connection with the formulation of any findings or recommendations for proposed legislation.

246:5 Committee to Study the School Building Aid Grant Program. Amend 2009, 144:13, VI to read as follows:

VI. The committee shall submit an interim report on or before December 15, 2009 and, following a public hearing on a draft final report, a final report on or before [November] December 1, 2010, containing [its] any findings and [any] recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library.

246:6 Effective Date.

I. Section 2 of this act shall take effect June 30, 2010.

II. The remainder of this act shall take effect upon its passage.

Approved: July 1, 2010

Effective Date: I. Section 2 shall take effect June 30, 2010.

II. Remainder shall take effect July 1, 2010.