Section 16104 Of Article 1. General Provisions From California Education Code >> Division 1. >> Title 1. >> Part 10. >> Chapter 6. >> Article 1.
16104
. Any portion of an apportionment paid to a school district
under this chapter shall be available for expenditure by its
governing board for not less than one year nor more than three years,
as the board shall determine, after the date on which the warrant
covering that portion of the apportionment was issued by the
Controller, provided that no limitation on expenditure shall be
applicable with respect to any items the payment or reimbursement of
which is required to be made by special resolution pursuant to
Section 16057, whether the special resolution is adopted prior or
subsequent to the termination of the period of availability herein
specified. For the purposes of this chapter, an apportionment shall
be deemed to be expended at the time and to the extent that the
amount thereof on deposit in the county treasury has been encumbered
by the creation of a valid obligation on the part of the school
district. Upon the expiration of its period of availability, the
unencumbered balance of any apportionment made under this chapter
shall become due and payable to the State of California; and the
governing board of the school district and the county treasurer shall
pay the amount of the unencumbered balance to the Treasurer, out of
the funds, and in the manner specified in Section 16100 of this code.
The payment shall, on order of the Controller, be deposited in the
State School Building Aid Fund in the State Treasury, to be
reapportioned by the board.
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, provided that notwithstanding the above duties
shall not be deemed to exist with respect to any amount heretofore or
hereafter due the state occasioned by the termination of the period
of availability of expenditure provided by this section where the
period of availability of expenditure for the items representing the
amount is subsequently made inapplicable by the adoption of a special
resolution pursuant to Section 16057.