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Agenda - 11-23-2015 - Item E.1 - Abstract - Session Law Effects
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Agenda - 11-23-2015 - Item E.1 - Abstract - Session Law Effects
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11/23/2015
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Public Hearing
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Agenda
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E1
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Minutes 11-23-2015
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67 <br /> (cl) Continuing Contracts for Capital Outlay. - 4n-A local school administrative unit <br /> may enter into a contract for capital outlay expenditures, some portion or all of which is to be <br /> performed and/eror paid in ensuing fiscal years, without the budget resolution including an <br /> appropriation for the entire obligation, pt:evi led-.provided all of the following aply: <br /> a. The budget resolution includes an appropriation authorizing the current <br /> fiscal year's portion of the obligation. <br /> b. An unencumbered balance remains in the appropriation sufficient to pay in <br /> the current fiscal year the sums obligated by the transaction for the current <br /> fiscal yeyam-d ear. <br /> C. Contracts for capital outlay expenditures are approved by a resolution <br /> adopted by the board of county commissioners, which resolution when <br /> adopted shall bind the board of county commissioners to appropriate <br /> sufficient funds in ensuing fiscal years to meet the amounts to be paid under <br /> the contract in those years. <br /> (d) Payment. - A local school administrative unit may not pay a bill, invoice, salary, or <br /> other claim except by any of the following methods: <br /> " eheekCheck or draft on an official depes4eiFj,-,de2ositor L <br /> by wire transfer from an official aepesitetzy, of <br /> depository, <br /> Electronic payment or an electronic funds transfer originated by the local <br /> school administrative unit through an official depository_ <br /> (44,) Cash, if the local school administrative unit has adopted a policy authorizing <br /> the use of cash, and specifying the limits of the use of cash. <br /> Warrant on the State Treasurer. <br /> Except as provided in t4is s4seet e subsection (d) of this section, each check or <br /> draft on an official depository shall bear on its face a certificate signed by the finance officer or <br /> signed by the chairman or some other member of the board pursuant to subsection (c) of this <br /> section. The certificate shall take substantially the following form: <br /> "This disbursement has been approved as required by the School Budget and Fiscal Control <br /> Act. <br /> (Signature of finance officer)" <br /> No certificate is required on payroll checks or drafts or on State warrants. <br /> An electronic payment or electronic funds transfer shall be subject to the preaudit <br /> process in accordance with this section and any rules adopted by the Local Government <br /> Commission. The rules so adopted shall address execution of electronic payment or electronic <br /> funds transfer and how to indicate that the finance officer has performed the preaudit process in <br /> accordance with this section. A finance officer shall be presumed in compliance with this <br /> section if the finance officer complies with the rules adopted by the Local Government <br /> Commission. <br /> (e) Penalties. - If an officer or employee of a local school administrative unit incurs an <br /> obligation or pays out or causes to be paid out any funds in violation of this section, that <br /> officer or employee, and the sureties on h�s-aofficial bond for that officer or employee, are <br /> liable for any sums so committed or disbursed. If the finance officer gives a false certificate to <br /> any contract, agreement, purchase order, check, draft, or other document, the finance officer <br /> and the sureties on h�s-Aay_official bond are liable for any sums illegally committed or <br /> disbursed thereby. <br /> (f) The certifications required by subsections (al) and (dl) of this section shall not <br /> apply to any of the following <br /> An obligation or a document related to the obligation has been aproved by <br /> the Local Government Commission. <br /> Payroll expenditures, including all benefits for employees of the local <br /> government. <br /> Electronic payments, as specified in rules adopted by the Local Government <br /> Commission. <br /> (g) As used in this section, the following terms shall have the following meanings: <br /> Page 12 Session Law 2015-246 House Bill 44-Ratified <br />
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