Section § 5730

Explanation

This law allows California to issue and sell up to $100 million in bonds. The funds from these bonds will support the goals outlined in this chapter and reimburse certain state expenses. These bonds are a legal commitment, backed by the state's promise to repay with interest when due.

Bonds in the total amount of one hundred million dollars ($100,000,000), or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to be used to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds shall, when sold, be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal of, and interest on, the bonds as the principal and interest become due and payable.

Section § 5731

Explanation

Each year, a certain amount of money needs to be collected along with other state revenues. This is to ensure there are enough funds to pay the principal and interest on bonds that are due that year. State officials responsible for collecting revenue must perform all required tasks to collect this additional money.

There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds maturing each year, and it is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act which shall be necessary to collect that additional sum.

Section § 5732

Explanation

This law allocates money from the General Fund to cover certain expenses related to bonds issued under this chapter. Specifically, it ensures there's enough money to pay back both the principal and interest on these bonds as they become due. It also sets aside funds needed to implement the provisions of Section 5733, and this is done without concern for fiscal year limitations.

There is hereby appropriated from the General Fund, for the purpose of this chapter, an amount that will equal the total of the following:
(a)CA Public Resources Code § 5732(a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as principal and interest become due and payable.
(b)CA Public Resources Code § 5732(b) The sum which is necessary to carry out the provisions of Section 5733, appropriated without regard to fiscal years.

Section § 5733

Explanation

This law allows the Director of Finance to temporarily take money from the state's General Fund for projects under this chapter, as long as it doesn't exceed the value of unsold bonds that have been approved for sale. This borrowed money must be reimbursed to the General Fund later, using proceeds from the bond sales. Additionally, the money must be returned with interest, calculated based on the earnings of a specific state investment account during the loan period.

For the purposes of carrying out this article, the Director of Finance may, pursuant to appropriate authority in each annual Budget Act, authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds which have been authorized to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the fund. Any moneys made available under this section shall be returned to the General Fund from moneys received from the sale of bonds for the purpose of carrying out this chapter. The money withdrawn from the General Fund shall be returned to the General Fund with interest at the rate earned by the money in the Pooled Money Investment Account during the time the money was withdrawn from the General Fund pursuant to this section.

Section § 5733.5

Explanation

This section says that if the Treasurer sells bonds and they come with a legal opinion stating that the interest on the bonds is not subject to federal taxes, the Treasurer has some flexibility. Specifically, they can keep separate accounts for the income from selling the bonds and any profits made from investing that income. They can also use this money to comply with federal rules about keeping the bonds tax-exempt, even if it means paying penalties or making special payments.

Notwithstanding any other provision of this bond act, or of the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), if the Treasurer sells bonds pursuant to this bond act that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes under designated conditions, the Treasurer may maintain separate accounts for the bond proceeds invested and the investment earnings on those proceeds, and may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law, or take any other action with respect to the investment and use of those bond proceeds, as may be required or desirable under federal law in order to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state.

Section § 5734

Explanation

This law section states that bonds created under this chapter must follow the rules in the State General Obligation Bond Law. Everything in that law also applies here, even if it's not written out in this chapter.

The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all of the provisions of that law apply to the bonds and to this chapter and are hereby incorporated in this chapter as though set forth in full in this chapter.

Section § 5735

Explanation

This section establishes the Community Parklands Program Finance Committee, which is responsible for managing the issuance and sale of bonds as outlined in this chapter. The committee is composed of three members: the Controller, the Director of Finance, and the Treasurer, who serves as the chairperson. The purpose of this committee is to facilitate financing projects related to community parklands through bonds as mentioned in the State General Obligation Bond Law.

Solely for the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law, of the bonds authorized by this chapter, the Community Parklands Program Finance Committee is hereby created. The committee consists of the Controller, the Director of Finance, and the Treasurer. For purposes of this chapter, the Community Parklands Program Finance Committee is “the committee” as that term is used in the State General Obligation Bond Law, and the Treasurer shall serve as chairperson of the committee.

Section § 5736

Explanation

This law states that any money earned from selling bonds, including both the premiums and any interest earned, should be kept in a specific fund. This money can be later moved over to the General Fund to help cover the costs of bond interest expenses.

All money deposited in the fund which is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest.

Section § 5737

Explanation

This part of the law states that money made from selling certain bonds doesn't count as tax money according to a specific part of the California Constitution. Because of this, the rules that usually limit how tax money can be used don't apply to this bond money.

The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article.

Section § 5738

Explanation

This law says that if any part of this chapter is found to be invalid or can't be applied to a person or situation, it doesn't affect the rest of the chapter. The valid parts will continue to be in effect, and different sections of the chapter can be separated and still work independently if needed.

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are severable.