Section 69766 Of Article 13. Federal Family Education Loan Program From California Education Code >> Division 5. >> Title 3. >> Part 42. >> Chapter 2. >> Article 13.
69766
. (a) The Federal Student Loan Reserve Fund and the Student
Loan Operating Fund are hereby created in the State Treasury. On
January 1, 2000, the State Guaranteed Loan Reserve Fund shall cease
to exist, and funds deposited, or required to be deposited, in that
fund shall be transferred to the Federal Student Loan Reserve Fund or
to the Student Loan Operating Fund and allocated to those funds in
accordance with the requirements of federal law.
(b) All moneys received for the purposes of this article from
federal, state, or local governments, including any moneys deposited
in the State Guaranteed Loan Reserve Fund, or from other private or
public sources, shall be deposited in the Federal Student Loan
Reserve Fund or the Student Loan Operating Fund and allocated to
those funds in accordance with the requirements of federal law. Funds
deposited in the Federal Student Loan Reserve Fund or the Student
Loan Operating Fund are not part of the General Fund, as defined in
Section 16300 of the Government Code. No moneys from the General Fund
shall be deposited in the Federal Student Loan Reserve Fund or the
Student Loan Operating Fund.
(c) The contents of the Federal Student Loan Reserve Fund are
federal funds, administered in accordance with federal laws and
regulations. The contents of the Student Loan Operating Fund are
state funds within the custody and control of the Student Aid
Commission.
(d) Notwithstanding Section 13340 of the Government Code, all
moneys deposited in the Federal Student Loan Reserve Fund and the
Student Loan Operating Fund are hereby continuously appropriated,
without regard to fiscal years, for purposes of this article. The
continuous appropriation made by this section shall be available to
assume the obligation under any outstanding budget act appropriation
from the State Guaranteed Loan Reserve Fund as it existed prior to
January 1, 2000. On or after the operative date of Article 2.4
(commencing with Section 69521), the expenditure of funds from the
Student Loan Operating Fund is subject to the limitations set forth
in Sections 69522 and 69526.
(e) Notwithstanding any other law, the Controller may use the
moneys in the Student Loan Operating Fund for loans to the General
Fund as provided in Sections 16310 and 16381 of the Government Code.
However, interest shall be paid on all moneys loaned to the General
Fund from the Student Loan Operating Fund. Interest payable shall be
computed at a rate determined by the Pooled Money Investment Board to
be the current earning rate of the fund from which loaned. This
subdivision does not authorize any transfer that will interfere with
the carrying out of the object for which the Student Loan Operating
Fund was created.
(f) The total amount of all outstanding debts, obligations, and
liabilities that may be incurred or created under this article or
under Article 2.5 (commencing with Section 69522), including any
obligation to repay to the United States any funds provided under
Title IV of the "Higher Education Act of 1965," and extensions
thereof or amendments thereto, or any similar act of Congress, is
limited to the amount contained in the Federal Student Loan Reserve
Fund or the Student Loan Operating Fund, and the state shall not be
liable to the United States, or to any other person or entity, beyond
the amount contained in the Federal Student Loan Reserve Fund or the
Student Loan Operating Fund for any debts, obligations, and
liabilities.