CHAPTER 186
HB 278 - FINAL VERSION
05/27/2021 1680s
24Jun2021... 2029CofC
2021 SESSION
21-0446
06/04
HOUSE BILL 278
AN ACT relative to the use of unused district facilities by chartered public schools.
SPONSORS: Rep. Hill, Merr. 3; Rep. Ladd, Graf. 4; Rep. L. Turcotte, Straf. 4; Rep. Silber, Belk. 2; Rep. Rice, Hills. 37; Rep. Rouillard, Hills. 6; Rep. Weyler, Rock. 13
COMMITTEE: Education
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ANALYSIS
This bill makes unused school district facilities available to chartered public 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05/27/2021 1680s
24Jun2021... 2029CofC 21-0446
06/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT relative to the use of unused district facilities by chartered public schools.
Be it Enacted by the Senate and House of Representatives in General Court convened:
186:1 New Subdivision; Chartered Public School Use of Unused District Facilities. Amend RSA 194 by inserting after section 60 the following new subdivision:
Chartered Public School Use of Unused District Facilities
194:61 Unused District Facilities.
I. In this subdivision, "unused facility" means a school building owned by a school district which is not used for academic purposes, extracurricular activities, administrative school functions, or sports and for which the school district has no school board approved written plan for future use. In order to comply with this paragraph, such school approved plan shall include academic purposes, extracurricular activities, administrative functions, or sports to be used by the school within 2 years of the plan's approval.
II. On January 1, 2022, and on July 1 every year thereafter, the superintendent of each school district shall report to the department of education each unused facility owned by the school district. The department shall establish and maintain a list of unused facilities owned by each school district and make such list available on the department's website.
III. Pursuant to paragraph I, a school district shall offer an unused facility to a chartered public school for purchase or lease as follows:
(a) If a school district's school board extends an offer to purchase or lease an unused facility to a party, other than an approved chartered public school operating in this state, the contract shall include a provision which makes the purchase or lease subject to the right of first refusal by an approved chartered public school operating in this state.
(b) If the offer to purchase or lease is accepted, the school district selling or leasing the unused facility shall notify the charter school administrator of the department of education who shall notify all approved chartered public schools in this state, as listed on the department of education's website, of the contract to purchase or lease the unused facility. The notice provided to the charter school administrator shall contain clear language that the unused facility is available to any approved chartered public school in this state only, and shall list the offering school district's name and location, the square footage of the unused facility, the contact information of the offering school district's representative, and the expiration date of the right of first refusal which shall be 60 days after the date of the notification to the charter school administrator.
(c) A chartered public school that fails to exercise its right of first refusal shall forfeit such right as it pertains to the specific unused facility and any future right or interest in the specific unused facility.
(d) If the offering school district has not received an offer to purchase or lease an unused facility from a party, other than an approved chartered public school operating in this state, a chartered public school may initiate, and the school board of the offering school district shall engage in, good faith negotiations for the purchase or lease of the unused facility.
(e) If 2 or more chartered public schools notify the offering school district indicating an interest in the unused facility to lease or purchase, the offering school district shall make the final selection of the purchaser or lessee.
(f) The criteria used to evaluate parties interested in the purchase or lease of an unused facility shall be public information and shall not be subject to RSA 91-A.
IV. In right of first refusal negotiations with a chartered public school, it shall be the option of the offering school district whether to sell or lease the property under consideration, at fair market value or less, for a term to be agreed upon by the parties. A lease shall include ingress to and egress from the facility, and where a part of a facility is leased, the right to access and use of the common area shared by all tenants and users of the facility. If a chartered public school leases the entire facility, the chartered public school may incur debt to make improvements to the facility, and the school district shall subordinate its interest in the lease to such debt.
V. The chartered public school shall have 6 months after the date of making a written offer to complete the purchase or lease of the unused facility for a price negotiated with the school district.
VI. During the term of a lease, a chartered public school shall be responsible for direct expenses related to the facility or any part of the facility leased, including utilities, insurance, maintenance, property taxes, and repairs.
VII. If a chartered public school plans to sell an unused facility which it has purchased, it shall first offer the facility to the school district from which it was purchased. Such offer shall be governed by the procedures set forth in paragraphs III, IV, and V.
186:2 Effective Date. This act shall take effect upon its passage.
Approved: August 10, 2021
Effective Date: August 10, 2021
| Date | Body | Type |
|---|---|---|
| Feb. 2, 2021 | House | Hearing |
| Feb. 9, 2021 | House | Exec Session |
| Feb. 18, 2021 | House | Exec Session |
| March 11, 2021 | House | Exec Session |
| House | Floor Vote | |
| April 20, 2021 | Senate | Hearing |
| May 20, 2021 | Senate | Floor Vote |
| Senate | Floor Vote | |
| May 20, 2021 | Senate | Floor Vote |
| June 24, 2021 | Senate | Floor Vote |
| June 24, 2021 | Senate | Floor Vote |
| June 24, 2021 | House | Floor Vote |
| Feb. 2, 2021 | House | Hearing |
| April 20, 2021 | Senate | Hearing |
| May 20, 2021 | Senate | Floor Vote |
| May 20, 2021 | Senate | Floor Vote |
| June 24, 2021 | Senate | Floor Vote |
| June 24, 2021 | Senate | Floor Vote |
| June 24, 2021 | House | Floor Vote |
Aug. 10, 2021: Signed by Governor Sununu 08/10/2021; Chapter 186; Eff: 08/10/2021
Aug. 16, 2021: Signed by Governor Sununu 08/10/2021; Chapter 186; Eff: 08/10/2021
June 24, 2021: Enrolled (in recess of) 06/24/2021
July 23, 2021: Enrolled (in recess of) 06/24/2021
July 21, 2021: Enrolled Adopted, VV, (In recess 06/24/2021); SJ 20
June 24, 2021: Enrolled Adopted, VV, (In recess 06/24/2021); SJ 20
June 24, 2021: Conference Committee Report 2021-2029c: Adopted, VV 06/24/2021
June 24, 2021: Conference Committee Report 2021-2029c: Adopted, VV 06/24/2021
June 24, 2021: Conference Committee Report # 2021-2029c, Adopted, VV; 06/24/2021; SJ 20
June 24, 2021: Conference Committee Report # 2021-2029c, Adopted, VV; 06/24/2021; SJ 20
June 17, 2021: Conference Committee Report Filed, # 2021-2029c; 06/24/2021
June 24, 2021: Conference Committee Report Filed, # 2021-2029c; 06/24/2021
June 16, 2021: Conference Committee Meeting: 06/16/2021 10:00 am LOB 206-208
June 10, 2021: President Appoints: Senators Ward, Hennessey, Kahn; 06/10/2021; SJ 19
June 10, 2021: President Appoints: Senators Ward, Hennessey, Kahn; 06/10/2021; SJ 19
June 10, 2021: President Appoints: Senators Ward, Kahn, Hennessey; 06/10/2021; SJ 19
June 10, 2021: Sen. Ward Accedes to House Request for Committee of Conference, MA, VV; 06/10/2021; SJ 19
June 10, 2021: Sen. Ward Accedes to House Request for Committee of Conference, MA, VV; 06/10/2021; SJ 19
June 7, 2021: House Non-Concurs with Senate Amendment 2021-1680s and Requests CofC (Reps. Ladd, Cordelli, Boehm, Hill): MA VV 06/04/2021 HJ 9 P. 51
June 4, 2021: House Non-Concurs with Senate Amendment 2021-1680s and Requests CofC (Reps. Ladd, Cordelli, Boehm, Hill): MA VV 06/04/2021 HJ 9 P. 51
May 27, 2021: Ought to Pass with Amendment 2021-1680s, MA, VV; OT3rdg; 05/27/2021; SJ 17
May 27, 2021: Ought to Pass with Amendment 2021-1680s, MA, VV; OT3rdg; 05/27/2021; SJ 17
May 27, 2021: Sen. Bradley Floor Amendment # 2021-1680s, AA, VV; 05/27/2021; SJ 17
May 27, 2021: Sen. Bradley Floor Amendment # 2021-1680s, AA, VV; 05/27/2021; SJ 17
May 20, 2021: Pending Motion Ought to Pass; 05/27/2021; SC 25
May 27, 2021: Pending Motion Ought to Pass; 05/27/2021; SC 25
May 27, 2021: Pending Motion Ought to Pass; 05/27/2021; SC 25
: Special Order to Next Session, Without Objection, MA SJ 16
May 20, 2021: Special Order to Next Session, Without Objection, MA; 05/20/2021; SJ 16
May 20, 2021: Special Order to Next Session, Without Objection, MA; 05/20/2021; SJ 16
May 20, 2021: Committee Amendment # 2021-1397s, RC 10Y-12N, AF; 05/20/2021; SJ 16
May 20, 2021: Committee Amendment # 2021-1397s, RC 10Y-12N, AF; 05/20/2021; SJ 16
May 20, 2021: Committee Report: Ought to Pass with Amendment # 2021-1397s, 05/20/2021; SC 24
May 11, 2021: Committee Report: Ought to Pass with Amendment # 2021-1397s, 05/20/2021; SC 24
April 14, 2021: Remote Hearing: 04/20/2021, 10:00 am; Links to join the hearing can be found in the Senate Calendar; SC 20
April 20, 2021: Remote Hearing: 04/20/2021, 10:00 am; Links to join the hearing can be found in the Senate Calendar; SC 20
April 13, 2021: Introduced 04/08/2021 and Referred to Education; SJ 12
April 8, 2021: Introduced 04/08/2021 and Referred to Education; SJ 12
April 8, 2021: Reconsider (Rep. Turcotte): MF RC 176-201 04/08/2021 HJ 6 P. 24
: Reconsider (Rep. Turcotte) MF RC 176-201
April 8, 2021: Reconsider (Rep. Turcotte): MF RC 176-201 04/08/2021 HJ 6 P. 24
: Ought to Pass MA RC 190-185
April 8, 2021: Ought to Pass: MA RC 190-185 04/08/2021 HJ 6 P. 19
April 8, 2021: Ought to Pass: MA RC 190-185 04/08/2021 HJ 6 P. 19
March 24, 2021: Minority Committee Report: Inexpedient to Legislate
: Minority Committee Report: Inexpedient to Legislate
March 24, 2021: Majority Committee Report: Ought to Pass (Vote 11-9; RC) HC 18 P. 38
: Majority Committee Report: Ought to Pass (Vote 11-9; RC) HC 18 P. 38
March 11, 2021: Executive Session: 03/11/2021 09:00 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/95090800832
Feb. 18, 2021: Executive Session: 02/18/2021 09:00 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/95029670134
Feb. 3, 2021: ==CANCELLED== Executive Session: 02/09/2021 09:00 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/98073405784
Feb. 9, 2021: ==CANCELLED== Executive Session: 02/09/2021 09:00 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/98073405784
Feb. 2, 2021: Public Hearing: 02/02/2021 11:00 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/99800820017 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.
Jan. 27, 2021: Public Hearing: 02/02/2021 11:00 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/99800820017 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.
Jan. 9, 2021: Introduced (in recess of) 01/06/2021 and referred to Education HJ 2 P. 41
Jan. 6, 2021: Introduced (in recess of) 01/06/2021 and referred to Education HJ 2 P. 41