Bill Text: NY S05795 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to reporting school finances, reserve funds, final annual budgets and multi-year financial plans.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2016-12-31 - SIGNED CHAP.514 [S05795 Detail]

Download: New_York-2015-S05795-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5795
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     June 3, 2015
                                      ___________
       Introduced  by  Sen. MARCELLINO -- (at request of the State Comptroller)
         -- read twice and ordered printed, and when printed to be committed to
         the Committee on Education
       AN ACT to amend the education law, in relation to  requiring  notice  of
         reserve  funds  and  reserves funded by resolution and to require that
         each school district post on its website, if any, a final annual budg-
         et and any multi-year financial plan adopted by the board of education
         or trustees
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  5  of  section 1608 of the education law, as
    2  amended by section 5 of part A of chapter 436 of the laws  of  1997,  is
    3  amended to read as follows:
    4    5.  The  trustee or board of trustees shall append to the statement of
    5  estimated expenditures a detailed statement of the total compensation to
    6  be paid to the superintendent of schools, and any assistant or associate
    7  superintendents of schools in  the  ensuing  school  year,  including  a
    8  delineation  of  the salary, annualized cost of benefits and any in-kind
    9  or other form of remuneration, AND A SCHEDULE OF RESERVE FUNDS,  SETTING
   10  FORTH  THE  NAME OF EACH RESERVE FUND, A DESCRIPTION OF ITS PURPOSE, THE
   11  BALANCE AS OF THE CLOSE OF THE  THIRD  QUARTER  OF  THE  CURRENT  SCHOOL
   12  DISTRICT  FISCAL YEAR AND A BRIEF STATEMENT EXPLAINING ANY PLANS FOR THE
   13  USE OF EACH SUCH RESERVE FUND FOR THE ENSUING FISCAL YEAR. The  trustees
   14  shall also append a list of all other school administrators and supervi-
   15  sors,  if  any, whose annual salary will be eighty-five thousand dollars
   16  or more in the ensuing school year, with the title  of  their  positions
   17  and  annual  salary  identified; provided however, that the commissioner
   18  may adjust such salary level  to  reflect  increases  in  administrative
   19  salaries  after June thirtieth, nineteen hundred ninety-eight. The trus-
   20  tees shall submit  a  copy  of  such  list  and  statement,  in  a  form
   21  prescribed  by  the  commissioner,  of  compensation to the commissioner
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10879-02-5
       S. 5795                             2
    1  within five days after their preparation. The commissioner shall compile
    2  such data, together with the  data  submitted  pursuant  to  subdivision
    3  three  of  section  seventeen  hundred  sixteen  of this chapter, into a
    4  single  statewide  compilation,  which  shall  be  made available to the
    5  governor, the legislature, and other interested parties upon request.
    6    S 2. Subdivision 5 of section 1716 of the education law, as amended by
    7  section 7 of part A of chapter 436 of the laws of 1997,  is  amended  to
    8  read as follows:
    9    5.  The  board of education shall append to the statement of estimated
   10  expenditures a detailed statement of the total compensation to  be  paid
   11  to  the superintendent of schools, and any assistant or associate super-
   12  intendents of schools in the ensuing school year,  including  a  deline-
   13  ation  of  the  salary,  annualized  cost of benefits and any in-kind or
   14  other form of remuneration, AND A SCHEDULE  OF  RESERVE  FUNDS,  SETTING
   15  FORTH  THE  NAME OF EACH RESERVE FUND, A DESCRIPTION OF ITS PURPOSE, THE
   16  BALANCE AS OF THE CLOSE OF THE  THIRD  QUARTER  OF  THE  CURRENT  SCHOOL
   17  DISTRICT  FISCAL YEAR AND A BRIEF STATEMENT EXPLAINING ANY PLANS FOR THE
   18  USE OF EACH SUCH RESERVE FUND FOR THE ENSUING  FISCAL  YEAR.  The  board
   19  shall also append a list of all other school administrators and supervi-
   20  sors,  if  any, whose annual salary will be eighty-five thousand dollars
   21  or more in the ensuing school year, with the title  of  their  positions
   22  and  annual  salary  identified; provided however, that the commissioner
   23  may adjust such salary level  to  reflect  increases  in  administrative
   24  salaries  after June thirtieth, nineteen hundred ninety-eight. The board
   25  of education shall submit a copy of such list and statement, in  a  form
   26  prescribed  by  the  commissioner,  of  compensation to the commissioner
   27  within five days after their preparation. The commissioner shall compile
   28  such data, together with the data submitted pursuant to subdivision four
   29  of section sixteen hundred eight of this chapter, into a  single  state-
   30  wide  compilation,  which  shall  be made available to the governor, the
   31  legislature, and other interested parties upon request.
   32    S 3. The education law is amended by adding a new section 3653 to read
   33  as follows:
   34    S 3653. RESERVES FUNDED  BY  RESOLUTION.  IN  ADDITION  TO  ANY  OTHER
   35  REQUIREMENTS,  NO  MONIES  SHALL BE PAID OR TRANSFERRED INTO ANY RESERVE
   36  FUND, ESTABLISHED PURSUANT TO THIS CHAPTER OR ANY OTHER CHAPTER OF  LAW,
   37  FOR  THE  PURPOSE OF INCREASING THE FUNDING OF SUCH RESERVE FUND, UNLESS
   38  EXPRESSLY AUTHORIZED BY A RESOLUTION OF THE BOARD OF EDUCATION OR  TRUS-
   39  TEES OF A SCHOOL DISTRICT.
   40    S  4.  Section  2116-a of the education law is amended by adding a new
   41  subdivision 3-b to read as follows:
   42    3-B. EACH SCHOOL DISTRICT SHALL  IN  A  TIMELY  FASHION  POST  ON  ITS
   43  WEBSITE,  IF  ANY,  THE  ANNUAL EXTERNAL AUDIT REPORT AND THE CORRECTIVE
   44  ACTION PLAN PREPARED IN RESPONSE TO ANY FINDINGS CONTAINED IN THE ANNUAL
   45  EXTERNAL AUDIT REPORT OR MANAGEMENT LETTER, OR ANY  FINAL  AUDIT  REPORT
   46  ISSUED BY THE STATE COMPTROLLER.
   47    S  5.  Section  2022  of the education law, as amended by section 7 of
   48  part A of chapter 97 of the laws of 2011, is amended  by  adding  a  new
   49  subdivision 7 to read as follows:
   50    7.  EACH  SCHOOL  DISTRICT  SHALL POST ON ITS WEBSITE, IF ANY, A FINAL
   51  ANNUAL BUDGET AND ANY MULTI-YEAR FINANCIAL PLAN ADOPTED BY THE BOARD  OF
   52  EDUCATION OR TRUSTEES.
   53    S  6.  Section  2022 of the education law, as amended by section 23 of
   54  part A of chapter 436 of the laws of 1997, is amended by  adding  a  new
   55  subdivision 7 to read as follows:
       S. 5795                             3
    1    7.  EACH  SCHOOL  DISTRICT  SHALL POST ON ITS WEBSITE, IF ANY, A FINAL
    2  ANNUAL BUDGET AND ANY MULTI-YEAR FINANCIAL PLAN ADOPTED BY THE BOARD  OF
    3  EDUCATION OR TRUSTEES.
    4    S  7.  This act shall take effect on the first of July next succeeding
    5  the date on which it shall have become a law;  provided,  however,  that
    6  the  amendment to section 2022 of the education law made by section five
    7  of this act shall be subject to the expiration  and  reversion  of  such
    8  section  pursuant  to section 23 of part A of chapter 436 of the laws of
    9  1997, as amended, when upon such date the provisions of section  six  of
   10  this act shall take effect.