CHAPTER 7
HB 1488 – FINAL VERSION
1Feb2012… 0409h
2012 SESSION
04/03
HOUSE BILL 1488
AN ACT relative to the alternative budget procedure in a school administrative unit.
SPONSORS: Rep. J. Belanger, Hills 5; Rep. Drisko, Hills 5; Rep. Flanagan, Hills 5; Rep. Gargasz, Hills 5; Sen. Luther, Dist 12; Sen. Stiles, Dist 24
This bill revises the procedures used by school district moderators in adopting the alternative budget procedure in a school administrative unit.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
1Feb2012… 0409h
12-2803
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to the alternative budget procedure in a school administrative unit.
Be it Enacted by the Senate and House of Representatives in General Court convened:
7:1 School Administrative Units; Alternative Budget Procedure. Amend RSA 194-C:9-a, I(c) to read as follows:
(c) If a majority of the voters voting in the school districts within the school administrative unit approve the question, then RSA 194-C:9-b shall apply starting with the next annual school district meeting of the school districts within that school administrative unit, and shall continue until rescinded. Each school district moderator shall cause a vote by secret ballot to be taken, record the number of yeas and nays, and [report the results to the secretary of the school administrative unit board who shall accumulate the total vote for all the school districts within the school administrative unit] announce the result of the vote at the annual meeting. The ballots shall be delivered to the moderator of the school district with the latest chronological annual meeting. The moderator of the latest chronological annual meeting shall record the total number of yeas and nays, announce the results of the final vote on the method of adopting the school administrative unit budget, and deliver the ballots to the secretary of the school administrative unit. The secretary of the school administrative unit board shall [announce the results and ] certify the [same] results to the department of revenue administration.
7:2 School Administrative Units; Alternative Budget Procedure. Amend RSA 194-C:9-a, III-IV to read as follows:
III. In order to rescind the adoption of RSA 194-C:9-b, each school district within the school administrative unit shall comply with the petition procedure set forth in RSA 197:6 and upon such compliance, a question shall be placed on the warrant of the next annual school district meeting. The wording of the question shall be: “Shall the voters of the ____________________ school district within school administrative unit number ____ rescind the adoption of RSA 194-C:9-b, relative to the alternative school administrative unit budget adoption procedure, and adopt the provisions of RSA 194-C:9 as the method for governing the adoption of the school administrative unit budget?” If a majority of the voters voting in the school districts within the school administrative unit approve the question, then the provisions of RSA 194-C:9 shall govern the procedure for adopting the school administrative unit budget in such school administrative unit. Each school district moderator shall cause a secret ballot vote to be taken, record the number of yeas and nays, and [report the results to the secretary of the school administrative unit board who shall accumulate the total vote for all the school districts within the school administrative unit] announce the result of the vote at the annual meeting. The ballots shall be delivered to the moderator of the school district with the latest chronological annual meeting. The moderator of the latest chronological annual meeting shall record the total number of yeas and nays, announce the results of the final vote on the question of adopting the school administrative unit budget adoption method, and deliver the ballots to the secretary of the school administrative unit. The secretary of the school administrative unit board shall [announce the results and] certify the [same] results to the department of revenue administration.
IV. After a vote to adopt or rescind the alternative school administrative unit budget procedure, the secretary of the school administrative unit shall place the ballots and all envelopes or wrapping which had previously contained them in a suitable container showing the contents and the date of the vote. The ballots shall be retained for 60 days from the date of the vote or any recount, unless further preservation is necessary or unless disposal is enjoined by the superior court.
V. Any registered voter who resides in a school district within the school administrative unit may, in writing, petition the secretary of the school administrative unit for a recount of the vote no later than the Friday following the latest chronological annual meeting of school districts in the school administrative unit. The secretary shall schedule a recount, to be conducted by the school administrative unit, not earlier than 5 days nor later than 10 days after the date the secretary receives the petition.
[IV.] VI. For any town which has adopted a charter under RSA 49-D:3, the method of adoption shall be the manner of amending the charter as provided under RSA 49-B.
7:3 School Administrative Units; Alternative Budget Procedure. Amend RSA 194-C:9-b to read as follows:
194-C:9-b Alternative Budget Procedure.
I. In a school administrative unit composed of 2 or more school districts which has adopted the provisions of RSA 194-C:9-a, the school administrative unit budget adopted according to RSA 194-C:9, I shall be placed before the voters of each school district of that school administrative unit in a separate warrant article at the annual school district meeting. Notwithstanding RSA 32 and RSA 40:13, the budget adopted by the school administrative unit board shall not be amended or changed in any way prior to the vote. Each school district moderator shall cause a vote by paper ballot to be taken, record the number of yeas and nays, and [report the results to the secretary of the school administrative unit board who shall accumulate the total vote for all the school districts within the school administrative unit.] announce the result of the vote at the annual meeting. The ballots shall be delivered to the moderator of the school district with the latest chronological annual meeting. The moderator of the latest chronological annual meeting shall record the total number of yeas and nays, announce the results of the final vote on the question of adopting the school administrative unit budget, and deliver the ballots to the secretary of the school administrative unit. The secretary of the school administrative unit board shall [announce the results and] certify the [same] results to the department of revenue administration. A majority of voters voting in favor shall result in adoption of the budget proposed by the school administrative unit board. If the article receives less than a majority vote, the budget amount accepted shall be that of the previous year adjusted for continuing contracts. Wording of the warrant article shall be as follows:
“Shall the voters of ____________ (name of school district) __________________ adopt a school administrative unit budget of $_______ for the forthcoming fiscal year in which $______ is assigned to the school budget of this school district?
This year’s adjusted budget of $_______, with $_______ assigned to the school budget of this school district, will be adopted if the article does not receive a majority vote of all the school district voters voting in this school administrative unit.”
II. After a vote on the school administrative unit budget, the secretary of the school administrative unit shall place the ballots and all envelopes or wrapping which had previously contained them in a suitable container showing the contents and the date of the vote. The ballots shall be retained for 60 days from the date of the vote or any recount, unless further preservation is necessary or unless disposal is enjoined by the superior court.
III. Any registered voter who resides in a school district within the school administrative unit may, in writing, petition the secretary of the school administrative unit for a recount of the vote no later than the Friday following the latest chronological annual meeting of school districts in the school administrative unit. The secretary shall schedule a recount, to be conducted by the school administrative unit, not earlier than 5 days nor later than 10 days after the date the secretary receives the petition.
[II.] IV. This section shall not apply to a school administrative unit that includes a city.
7:4 Effective Date. This act shall take effect upon its passage.
Approved: March 22, 2012
Effective Date: March 22, 2012