S T A T E   O F   N E W   Y O R K
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                                  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.