Chapter 490

2006 -- H 8253

Enacted 07/06/06

A N A C T

IN AMENDMENT OF AND IN ADDITION TO CHAPTER 286 OF THE PUBLIC LAWS, 1986, AND CHAPTER 279 OF THE PUBLIC LAWS, 1997, ENTITLED "AN ACT IN AMENDMENT OF AND IN ADDITION TO CHAPTER 55 OF THE PUBLIC LAWS, 1958, ENTITLED "AN ACT AUTHORIZING THE TOWNS OF CHARLESTOWN AND RICHMOND TOGETHER, OR TOGETHER WITH THE TOWN OF HOPKINTON, TO JOIN A REGIONAL HIGH SCHOOL DISTRICT INCORPORATING SAID REGIONAL HIGH SCHOOL DISTRICT AND PROVIDING FOR THE ISSUANCE OF BONDS, CONSTRUCTION AND OPERATION OF A REGIONAL HIGH SCHOOL FOR THE JOINT USE OF THE PARTICIPATING TOWNS, WITHIN SAID REGIONAL HIGH SCHOOL DISTRICT ESTABLISHED BY THIS ACT "AS AMENDED

Introduced By: Representatives Kennedy, McHugh, and Scott

Date Introduced: June 19, 2006

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 9 and 15 of Chapter 286 of 1986 Public Laws entitled "An Act

Authorizing the Towns of Charlestown and Richmond Together, or Together With the Town of

Hopkinton, to Join a Regional High School District, Incorporating said Regional High School

District, and Providing for the Issuance of Bonds, Construction and Operation of a Regional High

School for the Joint Use of the Participating Towns, Within Said Regional High School District

Established by this Act: is hereby amended and shall hereafter be cited as follows:

     Sec. 9. (1) The annual regional district meeting shall be held on the first Tuesday in

March of each year at 7:30 P.M. beginning with the first Tuesday in March A.D. 1988, at the

regional high school or at such other place as the regional school district committee may publicly

designate in advance. Special meetings may be called by the regional school district committee in

accordance with conditions governing the calling of town meetings generally as prescribed by the

laws of this state or by a petition signed by two hundred (200) qualified voters of said district

qualified to vote on the question of the imposition of a tax for the expenditure of money in their

respective towns when such petition contains the purpose or purposes for which such special

meeting is to be called and when such purpose and petition, duly certified by the town clerks of

the member towns as to the qualification to vote of the persons signing the petition has been

delivered to the clerk of the regional school district committee. All voters qualified in their

respective towns to vote at the financial town meeting next preceding the annual or special

district meeting shall be eligible to attend and vote at said annual or special regional school

district meeting and also all voters qualified to vote in their respective towns and any proposition

for the imposition of a tax or for the expenditure of money shall be eligible to attend and vote at

any regular or special regional school district meeting, even though such voter was not qualified

to vote in the financial meeting next preceding the annual or special district meeting, providing

such voter shall be certified as meeting such qualifications by the chairperson of the board of

canvassers and registration of the town of which such voter claims he has the said right to vote

and for which such latter purpose the chairperson of the board of canvassers and registration or

the majority of the board of canvassers and registration of the said member towns shall be present

at all meetings of the Chariho district to consider the application of such voters demanding the

right to vote at any meeting of the Chariho Regional School District.

(2) The regional school district meeting shall determine the annual regional school budget

as to overall amount.

(3) (2) The moderator of the regional school district meeting beginning with the annual

meeting of said district held in the year 1971, shall be duly elected or appointed moderator of one

of the member towns, alternating each year beginning with the moderator from the town of

Charlestown and the next year the moderator from the town of Hopkinton and the next year from

the town of Richmond, and so on consecutively alternating in that order and manner, and in case

of special meetings of said district the moderator for the annual meeting of the year in which the

special meeting shall be held, shall be the same moderator as the moderator who presided at the

annual meeting of that year of said district meeting, and in the event that the moderator who

should preside at any regular or special meeting of said district is absent from said meeting, a

moderator shall be elected by a majority vote of said meeting, and in such absence of the

moderator the meeting shall be called to order by the chairperson of the said regional school

district committee; and in no event shall the chairperson of said regional school district committee

or any member thereof be elected as moderator, and the clerk of the meeting shall be the clerk of

the said committee.

(4) A majority vote of all the voters present at the regional school district meeting and

qualified to vote shall be required for the adoption of the annual regional school budget.

(3) At the annual regional school district meeting the school committee shall conduct a

public hearing concerning the proposed budget and any citizen present and qualified to vote at the

annual regional district meeting may be heard with respect to the proposed budget.

(5) (4) A quorum for the regional school district meeting, for either regular or special

meetings shall be seventy-five (75) qualified voters, and such quorums shall consist of not less

than twenty-five (25) qualified voters from each member town.

(6) (5) No action shall be taken with respect to the purchase of land, the construction of

buildings and the extension of the scope of functions of the regional school district except upon a

majority vote of voters of the respective member towns as set forth in section 1 hereof.

     Nothing in the act shall prohibit a member town from floating bonds for school

construction purposes and leasing those facilities to the district. The financial responsibility for

retiring these construction bonds will rest with the individual town performing the construction.

(7) (6) All regional school district meetings shall be called and warned by written notices

signed by the clerk and chairperson of the regional school district committee notifying the

qualified electors of said district of the time and place of said meeting and the business proposed

to be transacted thereat, which said notices shall be posted up by the town sergeant, or any

constable of any member town in three (3) or more public places within said district, at least one

(1) of which must be in each member town, and published in a newspaper of general circulation

published within the state, all at least seven (7) days before the date of such meeting.

(8)(7) The regional school district meeting on the recommendation of the regional school

committee for the said district by a majority vote of the voters present and qualified to vote may

direct the regional school committee to dispose of real or personal property on such terms or

conditions as the meeting may determine are in the best interests of the district.

     Sec. 15. (1) It shall be the duty of the district superintendent, or chief administrative

officer to present to the regional school committee, at its regular meeting in the month of

November, a preliminary budget containing his estimates of the amount of money needed to

operate the regional high school for the ensuing year. The form of said budget shall conform to

the accounting system of the state department of education.

     (2) The regional school committee shall prepare and approve a proposed budget which it

believes will efficiently operate the regional school district for the ensuing year not later than the

fifth (5th) fifteenth (15th) day of February in each year.

     (3) At least twenty (20) days before the annual district meeting at which the budget is to

be adopted the regional school committee shall hold a public hearing on the budget at which any

citizen entitled to vote at the said district meeting may be heard. Notice of the date and place of

such meeting and hearing shall be given at least twelve (12) days in advance thereof by

publication at least once in a newspaper or journal circulation within the said district and

published in Rhode Island. Not later than February 28 the third (3rd) Tuesday in March in each

year, and subsequent to the hearing public hearing at the annual regional school district meeting

on the proposed budget, the district school committee shall adopt a final proposed budget. The

regional school district finance committee, established in accordance with the provisions of

section 12 hereof, may by and through its individual members or by appointed delegates attend

budget hearings and provide advice and assistance to the school committee on budget matters.

(3A) Within thirty (30) days after the school committee adopts its final proposed budget

for the ensuing year, a budget approval referendum must be held in each of the member towns on

a single day to be determined by the regional school committee. The vote at referendum shall be

for the purpose of approving or rejecting the overall total district budget as proposed by the

regional school committee, and for approving or rejecting any special warrant items proposed by

the regional school committee. The votes cast in all of the member towns shall be counted in the

aggregate. The regional school committee shall provide to the canvassers of each of the member

towns printed information to be displayed at polling places to assist voters in voting. The budget

approval referendum ballot to be voted on must be substantially as follows:

"Shall the Chariho Regional School District annual budget for the school year as adopted

by the regional school committee be approved?

_____________Yes

_____________No"

A majority of all of the votes cast in the member towns at the budget approval

referendum, counted in the aggregate, shall be required to approve the annual regional school

district budget proposed by the regional school committee. If the voters do not approve the budget

proposed by the regional school committee at the budget approval referendum vote, the regional

school committee shall hold a school committee meeting within fifteen (15) days after the

referendum to adopt a revised budget in such an amount as the school committee shall determine

to be the minimum amount necessary to allow the regional school district to operate for the

ensuing fiscal year in compliance with its contractual obligations and the mandates of applicable

federal and state laws. Any revised budget adopted at the subsequent school committee meeting

must thereafter be submitted within thirty (30) days to the voters for approval at referendum in

accordance with this section. This process shall be repeated until a budget is adopted by the

regional school committee and approved by the voters at referendum. If, however, a budget is not

adopted by the regional school committee and approved by the voters before July 1 of each year,

then the regional school committee shall operate the regional school district in accordance with

the provisions of section 16-2-23 of the general laws, and the member towns shall make payments

to the regional school district, based upon the amounts appropriated for the support of the schools

by the member towns in the preceding fiscal year; provided, however, that the right of the

regional school committee to take all actions it deems necessary under the provisions of section

16-2-21.4 of the general laws shall in all events remain in full force and effect at all times and

shall not be impaired or restricted in any respect by any of the provisions of this act. Any

referendum held with respect to an annual school budget under this act shall be considered in the

nature of a local financial meeting and shall not be subject to the provisions of title 17 of the

general laws.

(4) The final budget as adopted by the said school committee shall be submitted to the

annual school district meeting to be held on the first Tuesday in March of each year for a vote or

votes thereon, which said recommended budget may be lowered by a majority vote of said

meeting, but shall not be increased except when a notice of intent to do so, together with the

specification of the amount and purpose of such increase signed by fifty (50) qualified electors of

the said district have been filed with the clerk of said district at least seven (7) days before the

date of said annual meeting; and then in such case, said recommended budget may be increased

by a majority vote of said meeting within the limits of the amount specified in the last mentioned

notice.

(5)(4) Operating costs shall include all costs of the said school district not included in the

construction costs paid out of the receipts and realizations of the sale of bonds or notes as

hereinbefore provided.

(6)(5) Operating expenses for each fiscal year or portion thereof shall be apportioned

among the member towns in proportion to the relationship of their respective pupil enrollment in

the said district school system on October 1 of the previous calendar year to the total pupil

enrollment in said school system on said date. In the event that enrollment in the said district

school system has not been accomplished on October 1 of any year, operating expenses for the

ensuing year or portion thereof shall be apportioned among the member towns in proportion to

the ratio that the total number of students enrolled in grades kindergarten through twelve (12),

inclusive, residing in each of said towns and receiving education at such town's expense as of said

October 1 bears to the total number of such students in the entire district.

(7) On or before March 15 in each year, (6) Within ten (10) days after the date at which

the annual regional school district budget is approved by referendum each year, the treasurer of

the regional school district shall determine the total cost of operating the school district for the

next budget year, including therein operating costs, operating expenses, and all other anticipated

expenses, incurred in the operation of the school district. This sum shall then be divided by the

number of students enrolled in the school district as of October 1 of the current school year and

the resulting figure shall then be determined as the annual pupil charge. The charge so determined

shall not later than the fifteenth (15th) day of March in each year forthwith be certified by said

district treasurer to the respective treasurers of each member town. Each member town shall then

pay to the treasurer of the district a sum equal to the number of pupils enrolled in the district from

that town multiplied by the annual pupil charge.

(8)(7) Construction costs of the regional school district shall be all costs of retirement of

principal or payment of interest of bonds or notes hereinbefore authorized or which may be by

special act authorized for future construction within the said district, or such costs as may be

financed by means other than the issue of bonds or notes for the purpose of construction or

renovation of buildings, land acquisition, or extraordinary repairs to buildings, and all other costs

and expenses of the district shall be operating costs. In each year subsequent to the passage of this

act, construction costs shall be borne by each member town in the same proportion as the

enrollment of students from that town bears to the total student enrollment of the district. The

district treasurer annually shall determine the share of each member town of construction costs by

dividing the construction costs for the current year of operation by the number of pupils enrolled

in the district on October 1 of the current school year. The district treasurer shall then certify to

the treasurer of the member towns the shares of each town of construction costs determined as

hereinbefore provided at the same time and in the same manner as operating costs are certified to

each town.

     (8A) The amount of construction costs certified by the treasurer of said school district to

the town treasurers of the member towns shall for the purpose of section 45-12-11 of the general

laws, be deemed an indebtedness of the town or interest thereon for which a member town may

assess its ratable property in any one (1) year in excess of three and one-half percent (3 1/2%) of

its ratable value.

     (9) The treasurer of each member town shall forward monthly to the regional school

district treasurer the proportioned operating and construction costs for that fiscal year.

     (10) The regional school district fiscal year shall begin on July 1 and end on June 30.

     (11) The superintendent of schools of said district shall certify to the commissioner of

education on or before July 15 of each year such information as may be needful for the operation

of this agreement and conformity to the laws of this state in such form and upon such blanks as

the commissioner of education shall require.

     (12) The electors in each of said member towns qualified to vote upon a proposition to

impose a tax or for the expenditure of money shall in their respective towns, in annual or special

financial town meetings legally assembled, appropriate and raise sufficient monies for their

respective towns to meet the requirements of the costs of construction and operation of said

regional school as determined by the said district annual meeting and proportioned to the said

member towns as provided in subsections (6) and (7) and (8) of this section.

     SECTION 2. The question of the approval of this act shall be submitted to the electors of

the towns of Charlestown, Richmond and Hopkinton qualified to vote on any proposition to

impose a tax or for the expenditure of money at the general election in 2006. The question shall

be submitted in substantially the following form:

     "Shall the act passed by the general assembly at its January 2006 session entitled "AN

ACT IN AMENDMENT OF AND IN ADDITION TO CHAPTER 286 OF THE PUBLIC

LAWS, 1986, AND CHAPTER 279 OF THE PUBLIC LAWS, 1997 ENTITLED "AN ACT IN

AMENDMENT OF AND IN ADDITION TO CHAPTER 55 OF THE PUBLIC LAWS, 1958,

ENTITLED 'AN ACT AUTHORIZING THE TOWNS OF CHARLESTOWN AND

RICHMOND TOGETHER, OR TOGETHER WITH THE TOWN OF HOPKINTON, TO JOIN

A REGIONAL HIGH SCHOOL DISTRICT INCORPORATING SAID REGIONAL HIGH

SCHOOL DISTRICT AND PROVIDING FOR THE ISSUANCE OF BONDS,

CONSTRUCTION AND OPERATION OF A REGIONAL HIGH SCHOOL FOR THE JOINT

USE OF THE PARTICIPATING TOWNS, WITHIN SAID REGIONAL HIGH SCHOOL

DISTRICT ESTABLISHED BY THIS ACT' AS AMENDED BE APPROVED?"

     The warning for said election shall contain the question to be submitted. From the date

the election is warned until it is held, it shall be the duty of the town clerks of the respective

towns of Hopkinton, Charlestown and Richmond to keep a copy of the act available at their

offices for public inspection, but any failure of any clerk to perform this duty shall not affect the

validity of the election.

     SECTION 3. This section and section 2 of this act shall take effect upon passage of this

act; and the remainder of this act shall take effect upon the approval of this act by a majority in

each town of those voting on the question at the election prescribed by section 2 hereof.

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LC03490

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