S T A T E O F N E W Y O R K
________________________________________________________________________
8467
2009-2010 Regular Sessions
I N A S S E M B L Y
May 21, 2009
___________
Introduced by M. of A. FIELDS -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to requiring school
districts and cooperative educational services boards to maintain and
make available electronically transaction registers of the school's
checking accounts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 305 of the education law is amended by adding a new
subdivision 42 to read as follows:
42. (A)(1) THE COMMISSIONER SHALL, ON OR BEFORE JANUARY FIRST, TWO
THOUSAND TEN, DEVELOP AND IMPLEMENT A PROGRAM WHICH WILL REQUIRE ALL
SCHOOL DISTRICTS AND ALL COOPERATIVE EDUCATIONAL SERVICES BOARDS TO
MAINTAIN TRANSACTION REGISTERS OF A DISTRICT'S CHECKING ACCOUNTS IN AN
ELECTRONIC FORM WHICH IS READILY AVAILABLE FOR THE PURPOSES OF SUBPARA-
GRAPH TWO OF PARAGRAPH (B) OF THIS SUBDIVISION. THE ELECTRONIC CHECKING
ACCOUNT TRANSACTION REGISTERS SHALL INCLUDE ALL THOSE CHECKS WRITTEN
FROM A DISTRICT CHECKING ACCOUNT WHICH ARE NEITHER EXEMPT UNDER ARTICLE
SIX OF THE PUBLIC OFFICERS LAW, NOR FOR A STRICTLY PEDAGOGIC PURPOSE.
FOR THE PURPOSES OF THIS SUBDIVISION THE TERM "PEDAGOGIC" SHALL MEAN
"PERTAINING TO TEACHING".
(2) THE ELECTRONIC CHECKING ACCOUNT TRANSACTION REGISTERS MUST
INCLUDE, BUT NOT BE LIMITED TO, FOR EACH CHECK WRITTEN FROM ANY DISTRICT
ACCOUNTS WHICH ARE NOT EXEMPTED BY SUBPARAGRAPH ONE OF THIS PARAGRAPH,
(I) THE TRANSACTION AMOUNT; (II) THE CHECK NUMBER; (III) THE NAME OF THE
PAYEE; AND (IV) THE PURPOSE FOR WHICH THE CHECK WAS WRITTEN WHICH SHALL
BE PROVIDED IN A CLEAR AND COHERENT MANNER USING WORDS WITH EVERYDAY
MEANINGS AND WHICH SHALL NOT INCLUDE ABBREVIATIONS OR NUMERICAL REFER-
ENCES UNLESS SUCH ARE IMMEDIATELY EXPLAINED OR DEFINED.
(B)(1) BEGINNING JUNE FIRST, TWO THOUSAND TEN EVERY SCHOOL DISTRICT
AND COOPERATIVE EDUCATIONAL SERVICES BOARD IN THE STATE SHALL PROMINENT-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11909-01-9
A. 8467 2
LY POST THE ELECTRONIC CHECKING ACCOUNT TRANSACTION REGISTERS AT ALL
TIMES ON THE DISTRICT'S WEBSITE FOR DOWNLOADING BY INTERESTED PARTIES.
(2) A SCHOOL DISTRICT SHALL UPDATE THEIR ELECTRONIC CHECKING ACCOUNT
TRANSACTION REGISTERS AT LEAST ONCE EACH MONTH AND SHALL MAINTAIN THE
AVAILABILITY OF ALL SUCH INFORMATION FOR A PERIOD OF AT LEAST TEN YEARS
FROM THE DATE ON WHICH EACH CHECK IS WRITTEN.
(C) THE COMMISSIONER SHALL DEVISE AND IMPLEMENT A SIMILAR, NON-ELEC-
TRONIC PROGRAM FOR ANY SCHOOL DISTRICT OR COOPERATIVE EDUCATIONAL
SERVICES BOARD IN THE STATE WHICH DOES NOT HAVE A WEBSITE, PROVIDING FOR
A METHOD OF MAKING THE INFORMATION REQUIRED IN PARAGRAPH (A) OF THIS
SUBDIVISION TO BE MADE AVAILABLE TO INTERESTED PARTIES, AND SHALL EXEMPT
SAID SCHOOL DISTRICTS AND COOPERATIVE EDUCATIONAL SERVICES BOARDS FROM
THE ELECTRONIC POSTING REQUIREMENTS CONTAINED IN THIS SUBDIVISION.
(D) THE COMMISSIONER SHALL PROMULGATE ALL RULES AND REGULATIONS NECES-
SARY FOR THE IMPLEMENTATION OF THIS SUBDIVISION.
S 2. This act shall apply to any school district or cooperative educa-
tional services board checking transaction which occurs on or after June
1, 2010. Any such checking transaction which occurs prior to June 1,
2010 shall be governed by the law in effect when the transaction
occurred.
S 3. This act shall take effect immediately.