CACR 0013 - AS INTRODUCED

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2003 SESSION

03-1028

06/09

CONSTITUTIONAL AMENDMENT

CONCURRENT RESOLUTION 13

RELATING TO: defining the extent of state responsibility to provide aid for public elementary and secondary education.

PROVIDING THAT: the state shall provide aid to school districts with a fiscal capacity that is less than their education need and the aid shall be a minimum of 31 percent of the state average expenditure per public elementary and secondary pupil, calculated at least once in every 5 years.

SPONSORS: Rep. Gionet, Graf 11; Rep. Ham, Graf 12

COMMITTEE: Education

ANALYSIS

This constitutional amendment concurrent resolution provides for state aid to school districts which have a fiscal capacity that is less than their education need. The aid shall be a minimum of 31 percent of the state average expenditure per public elementary and secondary pupil, calculated at least once in every 5 years. Such aid shall be sufficient, when combined with local taxes, to enable a school district to meet the statewide average expenditure per pupil or a lesser amount approved by the school district.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-1028

06/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

CONCURRENT RESOLUTION PROPOSING CONSTITUTIONAL AMENDMENT

RELATING TO: defining the extent of state responsibility to provide aid for public elementary and secondary education.

PROVIDING THAT: the state shall provide aid to school districts with a fiscal capacity that is less than their education need and the aid shall be a minimum of 31 percent of the state average expenditure per public elementary and secondary pupil, calculated at least once in every 5 years.

Be it Resolved by the House of Representatives, the Senate concurring, that the

Constitution of New Hampshire be amended as follows:

I. That the second part of the constitution be amended by inserting after article 83 the following new article:

83-a. [State Responsibility to Provide Certain Education Aid.] In order to exclusively define the extent of the state's constitutional responsibility to provide financial aid to local school districts in support of public elementary and secondary education, the state shall promote equality of educational opportunity by providing targeted aid to school districts with fiscal capacity that is less than their education need, as defined and determined by the general court in accordance with this article. Targeted aid provided by the state shall be provided annually in a total amount at least equal to 31 percent of the state average expenditure per public elementary and secondary pupil multiplied by the number of such pupils, calculated for the year 2000-2001. Not less than once in every 5 years the general court shall recalculate this amount based on the number of public elementary and secondary pupils in the year preceding recalculation, and the cumulative intervening change in United States Department of Labor Consumer Price Index or its current official equivalent applied to the state average expenditure per public elementary and secondary pupil for the year 2000-2001. Nothing in this article shall prevent the general court, by law and in its sole discretion, from providing aid to education in excess of the minimum prescribed in this article. This article shall take effect on January 1 in the year following its adoption by the voters. The first appropriation of funds to meet the responsibility imposed in this article shall be for the state's first fiscal year beginning thereafter. For the first 5 fiscal years in which aid is distributed in accordance with this article, the general court shall have authority to provide by law for reasonable transition measures so long as the total sum appropriated is sufficient to fully fund the responsibility specified in this article.

II. That the above amendment proposed to the constitution be submitted to the qualified voters of the state at the state general election to be held in November, 2004.

III. That the selectmen of all towns, cities, wards and places in the state are directed to insert in their warrants for the said 2004 election an article to the following effect: To decide whether the amendments of the constitution proposed by the 2003 session of the general court shall be approved.

IV. That the wording of the question put to the qualified voters shall be:

"Are you in favor of amending the second part of the Constitution by inserting after article 83 the following new article:

83-a. [State Responsibility to Provide Certain Education Aid.] In order to exclusively define the extent of the state's constitutional responsibility to provide financial aid to local school districts in support of public elementary and secondary education, the state shall promote equality of educational opportunity by providing targeted aid to school districts with fiscal capacity that is less than their education need, as defined and determined by the general court in accordance with this article. Targeted aid provided by the state shall be provided annually in a total amount at least equal to 31 percent of the state average expenditure per public elementary and secondary pupil multiplied by the number of such pupils, calculated for the year 2000-2001. Not less than once in every 5 years, the general court shall recalculate this amount based on the number of public elementary and secondary pupils in the year preceding recalculation, and the cumulative intervening change in United States Department of Labor Consumer Price Index or its current official equivalent applied to the state average expenditure per public elementary and secondary pupil for the year 2000-2001. Nothing in this article shall prevent the general court, by law and in its sole discretion, from providing aid to education in excess of the minimum prescribed in this article. This article shall take effect on January 1 in the year following its adoption by the voters. The first appropriation of funds to meet the responsibility imposed in this article shall be for the state's first fiscal year beginning thereafter. For the first 5 fiscal years in which aid is distributed in accordance with this article, the general court shall have authority to provide by law for reasonable transition measures so long as the total sum appropriated is sufficient to fully fund the responsibility specified in this article.

V. That the secretary of state shall print the question to be submitted on a separate ballot or on the same ballot with other constitutional questions. The ballot containing the question shall include 2 squares next to the question allowing the voter to vote "Yes" or "No." If no cross is made in either of the squares, the ballot shall not be counted on the question. The outside of the ballot shall be the same as the regular official ballot except that the words "Questions Relating to Constitutional Amendments proposed by the 2003 General Court" shall be printed in bold type at the top of the ballot.

VI. That if the proposed amendment is approved by 2/3 of those voting on the amendment, it becomes effective on the January 1 after the governor proclaims its adoption.