View Amendment Current Amendment: 1 to Bill 5042 The Committee on Education and Public Works proposes the following Amendment No. 1 to H. 5042 (COUNCIL\WAB\5042C001.AGM.WAB18):

Reference is to the bill as introduced.

Amend the bill, as and if amended, Section 59-20-90(C), as contained in SECTION 1, pages 1-2, by deleting the item in its entirety and inserting:

/      (C)      'Fiscal watch' is the first level and lowest level of concern.
           (1)(a)      The State Superintendent of Education shall declare fiscal watch if:
           (ai)      he determines, within his discretion, that a district declared to be in fiscal watch has not acted reasonably to eliminate or correct practices or conditions that prompted the declaration and has determined that a state of fiscal watch is necessary to prevent further decline; and upon review of the district's annual audit, the department determines financial practices occurring outside of acceptable accounting standards exist;
           (ii)      the district submits an annual audit more than sixty days after the December first deadline provided in Section 59-17-100;
           (biii)      there is any type of ongoing, related investigation by any state or federal law enforcement agency or any other investigatory agency of the State;
           (iv)      an outside, independent auditing firm declares that a school district's financial records are unauditable; or
           (v)      the department identifies significant deficiencies, material weaknesses, direct and material legal noncompliance, or management letter comments which, in the opinion of the department, the aggregate effect of the reported issues has, or could have, a significant effect on the financial condition of the district.
           (b)      If a district meets the criteria in (A), the State Superintendent shall declare a fiscal watch only after prior notification with the district board chairman and district superintendent, who must begin immediate consultation with the chief financial officer of the district. The watch notification must include steps the district may take to avoid the declaration.
           (2)      After prior written notification with the district board chairman and superintendent, the State Superintendent of Education may declare fiscal watch if:
           (a)      an independent, outside auditing firm notifies the department that the district is not operating under generally accepted accounting principles; or
           (b)      the district does not maintain a general reserve fund of at least one month of general fund operating expenditures of the previous two completed fiscal years, or has not made progress in increasing the general reserve fund balance in accordance with department guidelines to meet at least one month of general fund operating expenditures within the previous two completed fiscal years. /

Renumber sections to conform.
Amend title to conform.