Section 16031 Of Article 1. General Provisions From California Education Code >> Division 1. >> Title 1. >> Part 10. >> Chapter 6. >> Article 1.
16031
. Notwithstanding any provision of this chapter to the
contrary, no school district shall be required, except as provided in
this section, to contribute toward the cost of a project for which
an application for an apportionment is filed, any of the following
funds of the district:
(a) Amounts in the general fund of the district which are
apportionments from the State School Fund.
(b) Amounts in the general fund of the district which are the
proceeds of a tax levy and have not been earmarked by the governing
board of the district or the electors of the district for any
purposes for which school district bonds may be issued and sold.
In considering an application for an apportionment the board may
review the purposes for which the district has expended or encumbered
proceeds from the sale of district bonds authorized to be issued at
an election held on or after September 3, 1952. Upon a finding by the
board that any such proceeds have been expended or encumbered for
purposes outside the scope and intent of this chapter, the board may
require the district to contribute toward the project for which an
apportionment is sought from any funds of the district, except those
referred to in subdivision (a) above, an amount equal to the amount
of district bonds proceeds expended or encumbered for purposes
outside the scope and intent of this chapter. Proceeds from the sale
of district bonds which have been encumbered or expended for the
purchase of schoolbuses authorized by Section 15100 shall be deemed
encumbered or expended for purposes outside the scope and intent of
this chapter.
If a district is required pursuant to this section to make a
contribution toward the project for which an apportionment is sought
as a result of the purchase prior to January 1, 1967, of schoolbuses
authorized by Section 15100 out of proceeds from the sale of district
bonds, the district at the time that the board determines that the
contribution is required may agree to pay the required contribution
by payment into the State School Building Aid Fund by 10 or less
annual installments payable without interest over a period not
exceeding 10 years after the date of the final apportionment. The
first installment shall be due and payable one year after the date of
the final apportionment. The installment payments shall be made by
the governing board of the district from moneys in the general fund
of the district if money is available therefor. If the governing
board of the district determines that money is not available in the
general fund of the district for such purposes, the maximum rate of
school district tax for any school year is hereby increased for any
school year by such amount not to exceed the amount of the proposed
payment into the State School Building Aid Fund as shown by the
budget for such school year as finally adopted by the governing board
of the district, less any unencumbered balances remaining at the end
of the preceding school year derived from the revenue from the
increase in the rate of tax provided by this section.