Section 15752 Of Article 1. General Provisions From California Education Code >> Division 1. >> Title 1. >> Part 10. >> Chapter 4. >> Article 1.
15752
. Whenever the Controller determines that any money
apportioned to a school district has been expended by the school
district for purposes not authorized by this chapter, or exceeds the
final cost of the project which is authorized by this chapter to be
paid therefrom, the Controller shall furnish written notice to the
board, the governing board of the school district, the county
superintendent of schools, the county auditor, and the county
treasurer of the county whose county superintendent of schools has
jurisdiction over the school district, directing the school district
and the county treasurer to pay into the State Treasury the amount of
the unauthorized expenditures, or the amount of the excess
apportionment, as the case may be. Upon receipt of the notice, the
governing board shall order the county treasurer to pay to the
Treasurer, out of any moneys in the county treasury available to the
school district for that purpose, the amount set forth in the notice.
That amount shall, upon order of the Controller, be deposited in the
State Treasury to the credit of the Public School Building Loan
Fund.
It shall be the duty of the governing body and county treasurer to
make the payments to the Treasurer as provided in this section, and
it shall be the duty of the Controller to enforce the collection on
behalf of the state.
If, upon petition of the district, the Controller determines that
the amount is in excess of the amount that may be paid out of taxes
levied at the maximum rate increased by any increase in the rate
authorized by the electors of the district pursuant to Section 42202,
without impairing essential district services, he or she may provide
for the payment of the entire amount or any unpaid balance thereof
in not exceeding three consecutive annual payments, commencing with
the next school year. Each payment shall be an equal portion of the
principal amount, plus accrued interest, and shall be paid not later
than January 31st of each school year in which a payment is due. If
the district fails to make the payment as specified, the Controller
shall deduct the amount thereof from the February payment made to the
district under Section 14041.
Deferred payments under this section shall bear interest at the
same annual rate of interest as the apportionment from which the
unauthorized expenditures or the amounts of excess apportionment were
made.