37-61-19 - Expenditures shall be limited to budgeted amounts; personal liability for excess.
§ 37-61-19. Expenditures shall be limited to budgeted amounts; personal liability for excess.
It shall be the duty of the superintendents of schools and the school boards of all school districts to limit the expenditure of school funds during the fiscal year to the resources available. It shall be unlawful for any school district to budget expenditures from a fund in excess of the resources available within that fund. Furthermore, it shall be unlawful for any contract to be entered into or any obligation incurred or expenditure made in excess of the resources available for such fiscal year. Any member of the school board, superintendent of schools, or other school official, who shall knowingly enter into any contract, incur any obligation, or make any expenditure in excess of the amount available for the fiscal year shall be personally liable for the amount of such excess. However, no school board member, superintendent or other school official shall be personally liable (a) in the event of any reduction in adequate education program payments by action of the Governor acting through the Department of Finance and Administration, or (b) for claims, damages, awards or judgments, on account of any wrongful or tortious act or omission or breach of implied term or condition of any warranty or contract; provided, however, that the foregoing immunity provisions shall not be a defense in cases of fraud, criminal action or an intentional breach of fiduciary obligations imposed by statute.
Sources: Codes, 1942, § 6534-11; Laws, 1953, Ex Sess, ch. 27, § 11; Laws, 1986, ch. 492, § 197; Laws, 1991, ch. 534, § 12; Laws, 1991, ch. 555 § 3; Laws, 1993, ch. 562, § 8; Laws, 2003, ch. 546, § 4; Laws, 2004, ch. 357, § 17, eff from and after July 1, 2004.