Tuolumne County Traffic AuthorityTransactions and Use Tax
Section § 150200
This law states that new funds given to government agencies are meant to add to the money they already use for public transportation. Agencies are encouraged to keep using their current local funds for this purpose.
Section § 150201
This law explains how a retail transactions and use tax can be imposed. A special election, called by the county and city, must be held where most voters need to agree on the tax for it to be implemented. These elections are held together, and if passed, the tax takes effect as soon as the polls close on election day.
The first collection of this tax follows certain rules set out in another section of the code. If voters do not approve the tax in one election, it can be presented to them again later, either in the same form or a different version.
Section § 150202
This law section states that any ordinance regarding retail transactions and use tax must specify what the tax is, its rate or maximum rate, and how long it will last, up to 15 years. The tax revenue can be used for various purposes, such as managing the division, legal actions, and maintaining or building streets and highways. Expenditures can cover planning, environmental reviews, design, and land acquisition costs. The ordinance must also include an expenditure plan showing how the tax money will be distributed for these activities.
Section § 150203
This law states that when a county in California needs to hold elections as per Section 150201, it must conduct these elections following the same rules and procedures that apply to regular county elections.
Section § 150204
This law explains when a new or adjusted retail transactions and use tax ordinance will start being enforced. Specifically, any new tax or change in tax rate only comes into effect on the first day of a calendar quarter that's more than 120 days after the ordinance is adopted or approved by voters. Before this date, the local authority must arrange with the State Board of Equalization to manage the implementation and administration of the tax.
Section § 150205
This law explains how revenue from a specific retail tax, which is for public transportation, should be distributed. The distribution must align with a spending plan outlined when the tax was first imposed. If changes to this plan are needed, members of the authority can vote—but this requires a very high, four-fifths majority and public hearings must be held first.
Additionally, the money allocated from this tax should be divided fairly between the county and city, based on where the tax was collected.
Section § 150206
This law allows a specific authority to impose a sales tax of either 1% or 0.5%, but only if voters approve it. The authority cannot set other rates unless the Legislature approves.
The tax rate may be increased by following certain procedures and must be approved by a majority vote in an election.
Section § 150207
This law allows a governing authority, like a city council or a similar body, to lower the tax rate from what voters originally approved. If they lower it, they can later raise it again, but not beyond the original rate approved by voters.
Any change to the tax rate needs a four-fifths majority vote from the authority's members, and they must be sure that the taxes collected at the new rate will cover payments on bonds and debts they owe, which were meant to be paid by these taxes.
Section § 150208
This law section talks about putting a proposal on the ballot for voters to decide if a retail sales tax should be imposed. It also allows for issuing bonds that will be paid back with money from this tax, and it sets a spending limit for the authority in charge. The total amount of money owed from these bonds can't be more than what the tax is expected to earn during the time it's in place.
Section § 150209
This law section explains that bonds, known as 'limited tax bonds', can be issued by an authority when voters approve a retail transactions and use tax. These bonds are paid from the tax proceeds and can be secured by pledging the tax revenue.
The law also states that the pledged tax has priority over using these funds for direct 'pay-as-you-go' projects, unless the bond resolution specifies otherwise.
Section § 150210
This law allows the authority to issue bonds with changing interest rates. It decides how often and in what way the rates can change, and when the interest on these bonds should be paid.
Section § 150211
This law explains how a specific authority can issue limited tax bonds. It begins by requiring a four-fifths vote by authority members to pass a resolution for issuing these bonds. The bonds can be issued according to the Revenue Bond Law of 1941 for purposes specified in certain ordinances, which qualify as 'enterprise' bonds under the Government Code. Specific legal constraints, such as interest rate limitations, do not apply here. Instead, the authority needs to decide on several factors regarding the bonds: why they're issued, their maximum principal amount, term, interest rate, and sale discount. The bonds can't be sold for less than 95% of their principal value, and they can be issued in series with different maturity dates.
Section § 150212
This law says that bonds issued under this chapter are considered safe and legal investments for various funds, like trust funds, insurance companies, banks, and state school funds. They're as reliable as bonds from local cities, counties, and school districts, and can also be used as security when required by law. These rules add to existing laws about legal investments and represent the latest legislative direction on this topic.
Section § 150213
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 § 150214
This law states that the commission is only allowed to impose the retail transactions and use tax if it is approved by the voters, and cannot impose any other type of tax.