Riverside County Transportation CommissionTransactions and Use Tax
Section § 240300
This law requires government agencies to use the additional money they receive from this chapter to enhance their current transportation budgets, not replace them. Agencies must keep up their local funding for streets, highways, and public transit, and there's a rule set by the commission to make sure this happens.
Section § 240301
This law allows a commission to propose a sales tax in a county, which applies to both city and county areas. The tax can only be implemented if two-thirds of the commission members vote for it and two-thirds of voters approve it in an election. The tax revenue can only pay for up to 1% of the commission's staff salaries and benefits. The tax begins after election day if approved. If voters reject the proposal, the board of supervisors can try again with the same or a new measure after another commission two-thirds vote.
Section § 240302
This law outlines how a local commission must create a tax ordinance. The ordinance should specify the type of tax, rate, purpose of revenue, and duration. The tax revenue can be used for administration, road and transit projects, and the planning and construction costs associated with these projects. The ordinance must include a spending plan, detailing how funds will be divided among projects, including specific road projects, and how city and county funds are distributed. Once passed by voters, changing this plan requires a specific process, including commission initiation, county supervisor approval, and agreement from city populations.
Section § 240303
This law section states that when a board of supervisors calls for an election under a specific section, it's the county's responsibility to organize and carry it out. The process for this election must follow the same procedures that are normally used for county-run elections.
Section § 240304
This section explains when a transaction and use tax ordinance becomes effective and what must happen before it starts. Once the ordinance is adopted, it will take effect on the first day of the first calendar quarter that begins at least 120 days afterwards. Before that date, the commission must arrange for the State Board of Equalization to handle the administrative tasks related to the ordinance.
Section § 240305
This section says that taxes collected under this chapter must be used for transportation projects. These projects should align with the regional transportation improvement program and plan approved by the commission.
Section § 240306
This law allows a commission to impose a tax rate of up to 1.5% with voter approval. The tax rate must be a multiple of 0.25% unless stated otherwise by law, and it does not interfere with other taxes.
The tax rate from this section is not counted toward the combined tax rate limit set by another part of the law. The tax rate can be increased if the commission follows certain procedures and gets the approval of two-thirds of voters in an election specifically for this purpose.
Section § 240307
This law states that any change in the tax rate, whether an increase or decrease, that is related to Sections 240306 or 240307 will start on the first day of the calendar quarter, but only if this day is at least 120 days after the commission votes to approve the new rate.
Section § 240308
This law outlines how the board of supervisors can seek voter approval to issue bonds for projects funded by a proposed retail transactions and use tax. The bond amount must not exceed the estimated tax proceeds. The ballot proposition must include details like the tax percentage, duration, bond amount, and specify the commission as the taxing agency. It also requires a complete presentation of the proposition and ordinance expenditure plan in voter materials.
Section § 240309
This law section explains that bonds, which are financial instruments for borrowing money, can be issued by the commission at any time if the voters have approved a related tax. These bonds, named 'limited tax bonds,' will be paid off using the money collected from the tax.
The law prioritizes using tax proceeds to pay for these bonds over funding projects directly with tax money, unless a different order is specified in the resolution when the bonds are issued.
Section § 240310
This law explains the process for issuing limited tax bonds. A commission needs a two-thirds majority vote to approve a resolution that specifies the amount of bonds to be issued. These bonds can be issued in multiple series, each with its own payment due date. The maturity date for a bond doesn't need to be on its anniversary of issuance.
Section § 240311
This section explains what needs to be included in a resolution to issue bonds. The resolution must describe why the debt is being incurred, including any costs related to achieving those goals like fees for legal services or construction. It should also state the estimated costs to complete the project, the total debt amount, how long the bonds will go before maturity (and not past the end of the related tax), the maximum interest rate, and bond denominations starting at $5,000. The bonds' format, such as registered or coupon bonds, must be outlined too, including any details about when payments are due.
Additionally, the resolution can include any other relevant details allowed by law.
Section § 240312
This law section states that bonds will have an interest rate that cannot exceed the maximum allowed by law. The interest is payable at intervals decided by the commission, with the first interest payment for any series of bonds possibly covering a period of up to one year, as determined by the commission.
Section § 240313
This law section states that when the commission issues bonds, they can include conditions for paying off (redeeming) those bonds before their due date (maturity). These conditions would specify when and how much it will cost to do so. However, a bond cannot be redeemed early unless it clearly states so either by a specific statement or in its description.
Section § 240314
People who hold these bonds can get their money back, both the original amount and any interest, in U.S. dollars. They can choose to receive payment at the commission's treasurer's office or at other places if designated.
Section § 240315
This section explains how the bonds issued by a commission should be handled in terms of dating, numbering, signing, and sealing. Each series of bonds must be dated, numbered in order, and have signatures from the commission's chairperson or vice chairperson and the auditor-controller. The commission's official seal should also be attached if there is one.
The interest coupons on the bonds must be signed by the auditor-controller. These signatures and the seal can be printed or reproduced mechanically, not necessarily handwritten. If an officer leaves their position before the bonds are delivered, their printed signature is still valid as if they stayed in the role.
Section § 240316
This section allows the commission to sell bonds in a way they see fit, deciding whether to sell the bonds through negotiation or a public sale, even if they are sold for less than their face value.
Section § 240317
This law states that bonds can be delivered anywhere, whether inside or outside California. The payment for these bonds can be made in cash or as bank credits.
Section § 240318
This law specifies how money made from selling bonds should be managed. When bonds are sold, the interest and premiums earned must be used to pay back the bond's principal and interest. Any leftover money must either be used to further secure these bonds or for the original purpose for which the bond debt was taken on. Once those purposes are fulfilled, any remaining funds can be used to either pay off additional bond debt or buy back the bonds on the market, after which those repurchased bonds must be canceled.
Section § 240319
This law allows the commission to issue new bonds, called refunding bonds, to replace existing bonds. These refunding bonds can be used to pay off the original bonds either before or when they are due, including any extra costs or premiums. The amount of these new bonds can cover not just the principal of the old bonds, but also any interest accrued during the transition and related expenses. The rules for issuing and selling these new bonds are the same as those for the original bonds.
Section § 240320
This law allows the commission to borrow money by issuing temporary notes in anticipation of selling bonds that have been authorized but not yet sold. These temporary notes, called bond anticipation notes, can be renewed but must not have a total maturity longer than five years from when they were first issued. The money to pay back these notes, including interest, can come from the commission's available funds or revenues, like tax revenues. If not paid earlier, they will be paid from the proceeds when the bonds are eventually sold. The law also states that the notes should not exceed the total amount of the authorized bonds, minus any bonds already sold or other notes issued. Additionally, the commission can set terms, conditions, and restrictions on these notes similar to those for actual bonds.
Section § 240321
This section of the law allows bonds issued under this chapter to be used as legal investments for various funds, such as insurance, commercial and savings banks, trust companies, and state school funds. It states that if other laws permit funds to be invested in city, county, or school district bonds, those funds can also be invested in these bonds. Additionally, these bonds can be used as security for fulfilling obligations or depositing public money. The law specifies that these provisions override and add to existing laws about legal investments, reflecting the latest legislative intent.
Section § 240322
If you want to challenge or question the legality of a retail tax ordinance, the related bond issuance, or any steps taken towards them, you need to do so within six months of the election when the ordinance was approved. If you miss this window, the ordinance, bonds, and all related actions will be considered entirely legal and indisputable.
Section § 240323
This law states that the commission cannot create any taxes except for a transaction and use tax, which must be approved by voters as described in this division.