SB 56-FN-A-LOCAL - AS AMENDED BY THE SENATE
02/09/2017 0403s
2017 SESSION
17-0611
04/10
SENATE BILL 56-FN-A-LOCAL
AN ACT relative to adequate education grant payments to certain municipalities.
SPONSORS: Sen. Birdsell, Dist 19; Rep. McMahon, Rock. 7; Rep. M. Griffin, Rock. 7; Rep. Kolodziej, Rock. 7
COMMITTEE: Finance
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This bill appropriates funds for additional adequate education grants to certain municipalities for costs incurred in the 2016 fiscal year.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/09/2017 0403s 17-0611
04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seventeen
AN ACT relative to adequate education grant payments to certain municipalities.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Appropriation; Additional Adequate Education Grants to Certain Municipalities. The sum of $9,065,044 for the fiscal year ending June 30, 2018 is hereby appropriated to the department of education for the purpose of providing additional adequate education grants to certain municipalities as calculated in RSA 198:40-a and 198:41 for the fiscal year ending June 30, 2016, which were not distributed to those municipalities in that fiscal year. Said sum shall be a charge against the education trust fund established in RSA 198:39. Acceptance of a disbursement by a municipality under this act shall constitute a waiver and full release of any and all claims it may have against the state of New Hampshire, its agencies, officers, employees, or agents arising out of the state’s adequate education payments between September 1, 2008 and June 30, 2016. Notwithstanding RSA 198:42, the commissioner of the department of education shall disburse a lump sum to each municipality as follows:
Atkinson $46,558
Bedford $4,287,533
Chatham $21,547
Dublin $17,327
Dunbarton $146,459
Durham $1,778
East Kingston $39,421
Ellsworth $7,437
Gilmanton $100,530
Grantham $505,094
Greenland $3,270
Hampton Falls $137,679
Hooksett $224,712
Kensington $176,976
Newfields $6,220
Nottingham $49,371
Orford $9,262
Pelham $73,521
South Hampton $20,444
Stoddard $22,879
Stratham $244,613
Surry $764
Sutton $92,646
Windham $2,829,003
2 Effective Date. This act shall take effect July 1, 2017.
17-0611
Amended 2/15/17
SB 56-FN-A-LOCAL- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2017-0403s)
AN ACT relative to adequate education grant payments to certain municipalities.
FISCAL IMPACT: [ X ] State [ ] County [ X ] Local [ ] None
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| Estimated Increase / (Decrease) | ||||
STATE: | FY 2018 | FY 2019 | FY 2020 | FY 2021 | |
Appropriation | $9,065,044 | $0 | $0 | $0 | |
Revenue | $0 | $0 | $0 | $0 | |
Expenditures | $9,065,044 | $0 | $0 | $0 | |
Funding Source: | [ ] General [ X ] Education [ ] Highway [ ] Other | ||||
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LOCAL: |
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Revenue | $9,065,044 | $0 | $0 | $0 | |
Expenditures | $0 | $0 | $0 | $0 | |
METHODOLOGY:
This bill appropriates $9,065,044 from the education trust fund to the Department of Education for the purpose of providing additional adequate education grants to 24 municipalities equal to the amount their grant was capped in FY 2016 and states acceptance of such disbursement shall constitute a waiver and full release of any and all claims the municipality may have against the State of New Hampshire arising out of adequate education payments between September 1, 2008 and June 30, 2016.
Relative to the case titled “City of Dover v. State of New Hampshire", the New Hampshire Comprehensive Annual Financial Report for FY 2016 included the following statement on page 89 of said report –
"On September 6, 2016, the Superior Court issued a final order ruling that the cap is unconstitutional but limiting Dover to prospective relief. In effect, this ruling entitles Dover to the $1.377 million it would have received but for the cap in fiscal year 2016. It is the State’s position that this ruling also entitles the twenty-four other municipalities to the difference between the amount they would have received in fiscal year 2016 and the amount they actually received due to the cap; in total, the amount for the other municipalities is approximately $9.065 million. On September 26, 2016, the State agreed to settle the lawsuit with Dover by paying the $1.377 million. The approximately $9.065 million for the other municipalities will have to be appropriated by the Legislature in accordance with RSA 14:35-b. A bill will be submitted for the 2017 legislative session. The entire $10.44 million withheld due to the cap was recorded as an expense and liability in the accompanying financial statements.”
Since the combined General and Education Trust Fund balance at the end of FY 2016 has already been reduced by the amounts appropriated in the proposed bill, this bill will have no further impact on the combined General and Education Trust Fund balance.
AGENCIES CONTACTED:
Department of Education
| Date | Body | Type |
|---|---|---|
| Jan. 24, 2017 | Senate | Hearing |
| Feb. 9, 2017 | Senate | Floor Vote |
| April 11, 2017 | House | Hearing |
| May 17, 2017 | House | Exec Session |
| June 1, 2017 | House | Floor Vote |
June 1, 2017: Inexpedient to Legislate: MA VV 06/01/2017 HJ 17 P. 18
June 1, 2017: Committee Report: Inexpedient to Legislate for 06/01/2017 (Vote 23-0; CC) HC 26 P. 8
May 17, 2017: Executive Session: 05/17/2017 10:00 AM LOB 210-211
April 25, 2017: Division II Work Session: 04/25/2017 02:00 PM LOB 209
April 11, 2017: Public Hearing: 04/11/2017 01:00 PM LOB 210-211
Feb. 16, 2017: Introduced 02/16/2017 and referred to Finance HJ 8 P. 45
Feb. 9, 2017: Ought to Pass with Amendment 2017-0403s, MA, VV; OT3rdg; 02/09/2017; SJ 5
Feb. 9, 2017: Sen. D'Allesandro Floor Amendment # 2017-0398s, RC 9Y-13N, AF; 02/09/2017; SJ 5
Feb. 9, 2017: Sen. Birdsell Floor Amendment # 2017-0403s, AA, VV; 02/09/2017; SJ 5
Feb. 9, 2017: Committee Report: Ought to Pass, 02/09/2017; SC 9
Jan. 24, 2017: Hearing: 01/24/2017, Room 103, SH, 01:35 pm; SC 7
Jan. 5, 2017: Introduced 01/05/2017 and Referred to Finance; SJ 4