HB468: (New Title) establishing a commission to recodify the education laws and making an appropriation therefor.

HB 468-FN-A - AS AMENDED BY THE SENATE

3Jan2024... 2294h

04/18/2024 1525s

2023 SESSION

23-0544

09/10

HOUSE BILL 468-FN-A

AN ACT establishing a commission to recodify the education laws and making an appropriation therefor.

SPONSORS: Rep. Hill, Merr. 2; Rep. Hobson, Rock. 14; Rep. Sheehan, Hills. 43; Sen. Ward, Dist 8; Sen. Avard, Dist 12

COMMITTEE: Finance

AMENDED ANALYSIS

This bill establishes a commission to recodify the education statutes and makes an appropriation to the legislature for this purpose.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

3Jan2024... 2294h

04/18/2024 1525s 23-0544

09/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Three

AN ACT establishing a commission to recodify the education laws and making an appropriation therefor.

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

1 New Section; Recodification Commission Established. Amend RSA 17-A by inserting after section 8 the following new section:

17-A:9 Recodification Commission Established.

I. There is established a commission to draft proposed legislation for recodification of the education laws contained within Title XV, Chapters RSA 186 through 200-N.

II.(a) The members of the commission shall be as follows:

(1) One member of the senate, appointed by the president of the senate.

(2) Two members of the house of representatives, appointed by the speaker of the house of representatives.

(3) The commissioner of the department of education, or designee.

(4) The director of legislative services, or designee.

(b) In addition, there shall be an advisory panel to the commission which shall consist of the following individuals and organizations:

(1) A school board member appointed by the New Hampshire School Boards Association.

(2) A teacher appointed by the commissioner of education.

(3) A school administrator appointed by the New Hampshire School Administrators Association.

(4) A representative of the state board of education, appointed by the board.

(5) A representative of The National Education Association - New Hampshire (NEA-NH), appointed by the association.

(6) Any additional individual or organization the commission deems relevant to its study and the recodification process.

III. The commission shall review the content and structure of the education laws to include, but not be limited to, the following:

(a) Review the content and structure of the education laws contained within Title XV, Chapters RSA 186 through 200-N;

(b) Identify statutes within Title XV which are duplicative;

(c) Identify statutes within Title XV which are contrary to other statutes within Title XV; and

(d) Identify areas within Title XV which can be consolidated.

(e) Draft proposed legislation for recodification of the education laws to be filed in the next regular legislative session.

IV. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the senate member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Three members of the commission shall constitute a quorum. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

V. The department of education and the office of legislative services shall provide technical and legal assistance to the committee. The department of education is authorized to engage an attorney for the purpose of assisting the department and commission in the recodification process. The commissioner or designee, in consultation with the attorney general, shall have exclusive supervisory authority over the attorney. The director of legislative services is also authorized, subject to approval of the legislative facilities committee, to engage an attorney to assist the office and commission in the recodification process.

VI. The committee shall report its findings and 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 on or before September 30, 2026.

2 Appropriations.

I. The sum of $100,000 for the biennium ending June 30, 2025, is hereby appropriated to the department of education, for the purpose of engaging an attorney to assist the recodification commission established in section 1 of this act.

II. The sum of $100,000 for the biennium ending June 30, 2025, is hereby appropriated to the general court, office of legislative services, for the purpose of engaging an attorney on a part-time or temporary basis to assist the recodification commission established in section 1 of this act.

III. The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.

3 Repeal. RSA 17-A:9, as inserted by section 1 of this act, is repealed.

4 Effective Date.

I. Section 2 of this act shall take effect July 1, 2024.

II. Section 3 of this act shall take effect November 1, 2026.

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

LBA

23-0544

Amended 6/3/24

HB 468-FN-A- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2024-1525s)

AN ACT establishing a commission to recodify the education laws and making an appropriation therefor.

FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None

Estimated State Impact - Increase / (Decrease)

FY 2024

FY 2025

FY 2026

FY 2027

Revenue

$0

$0

$0

$0

Revenue Fund(s)

None

Expenditures

$0

Up to $200,000

$0

$0

Funding Source(s)

General Fund

Appropriations

$200,000

$0

$0

Funding Source(s)

General Fund

• Does this bill provide sufficient funding to cover estimated expenditures? [X] See Below

• Does this bill authorize new positions to implement this bill? [X] N/A

METHODOLOGY:

This bill establishes a recodification commission for the purpose of drafting proposed legislation to recodify education laws contained in Title XV, Chapters RSA 186 through RSA 200-N, on or before September 30, 2026. This bill appropriates $100,000 to each the Department of Education and the Office of Legislative Services for the purpose of engaging attorneys to assist the commission. As the appropriations in the bill, effective upon passage, are for the biennium ending June 30, 2025, it is unknown as to which fiscal year the warrants would be drawn (FY 2024 or FY 2025). It is assumed all expenditures would occur in FY 2025, not to exceed the $200,000 appropriated in the bill. It is unknown if this amount is sufficient to complete the recodification. Any unexpended or unencumbered amounts would lapse to the general fund on June 30, 2025.

AGENCIES CONTACTED:

Department of Education and Legislative Branch