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.
The Legislature, by the enactment of this chapter, intends the additional funds provided government agencies by this chapter to supplement existing local revenues being used for public transportation purposes. The government agencies are further encouraged to maintain their existing commitment of local funds for public transportation purposes.
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(Added by Stats. 1986, Ch. 1521, Sec. 1.)
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.
A retail transactions and use tax ordinance shall be imposed by the authority in accordance with Section 150206 and Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code, if a majority of the electors voting on the measure vote to approve its imposition at special elections called for that purpose by the county and city, respectively. Those elections shall be consolidated. The ordinances shall take effect at the close of the polls on the day of election at which the measures are adopted, to impose the tax at the same rate.
The initial collection of the retail transactions and use tax shall take place in accordance with Section 150204.
If, at any time, the voters do not approve an ordinance imposing the retail transactions and use tax, the same or a different measure imposing that tax may, at any time thereafter, be submitted to the voters.
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(Added by Stats. 1986, Ch. 1521, Sec. 1.)
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.
The retail transactions and use tax ordinance shall state the nature of the tax to be imposed, the tax rate or the maximum tax rate, the purposes for which the revenue derived from the tax will be used, and may set a term, not to exceed 15 years, during which the tax will be imposed. The purposes for which the tax revenues will be used may include, but are not limited to, the administration of this division, including legal actions related thereto, the construction, capital acquisition, maintenance, and operation of streets, roads, and highways, including state highways. These purposes include expenditures for the planning, environmental reviews, engineering and design costs, and related right-of-way acquisition. The ordinance shall reference an expenditure plan which shall include the allocation of revenues for the purposes authorized by this section.
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(Added by Stats. 1986, Ch. 1521, Sec. 1.)
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.
(a)CA Public Utilities Code § 150203(a) The county shall conduct the elections called pursuant to Section 150201.
(b)CA Public Utilities Code § 150203(b) The elections shall be called and conducted in the same manner as provided by law for the conduct of elections by a county.
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(Added by Stats. 1986, Ch. 1521, Sec. 1.)
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.
(a)CA Public Utilities Code § 150204(a) Any retail transactions and use tax ordinance adopted pursuant to this chapter shall be operative on the first day of the first calendar quarter commencing more than 120 days after adoption of the ordinance.
(b)CA Public Utilities Code § 150204(b) An increase in the tax rate, adopted by the electors’ approval of an ordinance pursuant to subdivision (b) of Section 150206, or a decrease in the tax rate adopted by the authority pursuant to Section 150207, shall be operative on the first day of the first calendar quarter commencing more than 120 days after approval by the electors or adoption by the authority, as the case may be.
(c)CA Public Utilities Code § 150204(c) Prior to the operative date of the ordinance, the authority shall contract with the State Board of Equalization to perform all functions incident to the administration and operation of the ordinance.
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(Added by Stats. 1986, Ch. 1521, Sec. 1.)
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.
(a)CA Public Utilities Code § 150205(a) Revenues from the retail transactions and use tax imposed pursuant to this chapter shall be allocated by the authority for public transportation purposes consistent with the expenditure plan referenced in the ordinance imposing the tax. The authority, by a four-fifths vote of its members, may revise that expenditure plan after conducting noticed public hearings on the proposed revision.
(b)CA Public Utilities Code § 150205(b) The amounts allocated to projects within the county and the city, respectively, shall be proportionate to the revenues derived from the tax collected within each of the respective jurisdictions.
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(Added by Stats. 1986, Ch. 1521, Sec. 1.)
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.
(a)CA Public Utilities Code § 150206(a) The authority, subject to the approval of the voters, may impose a maximum tax rate of 1 percent under this division and Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code, and the authority may state the maximum tax rate at 1 percent or one-half of 1 percent. The authority shall not levy the retail transactions and use tax at a rate other than 1 percent or one-half of 1 percent, unless specifically authorized by the Legislature.
(b)CA Public Utilities Code § 150206(b) The tax rate adopted pursuant to this chapter, unless otherwise prohibited, may be increased by the authority by ordinance adopted in the manner and by the vote stated in Sections 150201 and approved by a majority of the electors voting on the measure at an election called for that purpose.
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(Added by Stats. 1986, Ch. 1521, Sec. 1.)
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.
The authority may reduce the tax rate to a percentage lower than that approved by the voters and may further provide for an increase of the tax rate if it has previously been lowered. However, the tax rate may not be increased to a rate above the tax rate approved by the voters.
Any revised tax rate may be adopted only if the authority determines, by a four-fifths vote of its members, that the proceeds of the taxes with the altered tax rate will be sufficient to provide for the payment of the principal of, and interest on, any limited tax bonds and any other indebtedness incurred by the authority which was to be payable from the proceeds of the retail transactions and use tax.
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(Added by Stats. 1986, Ch. 1521, Sec. 1.)
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.
(a)CA Public Utilities Code § 150208(a) A ballot proposition to approve an ordinance for the imposition of a retail transactions and use tax, shall seek authorization to issue bonds payable from the proceeds of the tax and establish the appropriations limit of the authority.
(b)CA Public Utilities Code § 150208(b) The maximum bonded indebtedness which may be outstanding at any one time shall be an amount equal to the sum of the principal of, and interest on, the bonds, but not to exceed the estimated proceeds of the tax for a period of not more than the number of years for which the tax authorized by this chapter is to be imposed.
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(Added by Stats. 1986, Ch. 1521, Sec. 1.)
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.
(a)CA Public Utilities Code § 150209(a) The bonds authorized by the voters concurrently with the approval of the retail transactions and use tax may be issued by the authority at any time, and from time to time, payable from the proceeds of the tax. The bonds shall be referred to as “limited tax bonds.” The bonds may be secured by a pledge of revenues from the proceeds of the tax.
(b)CA Public Utilities Code § 150209(b) The pledge of the tax to the limited tax bonds authorized under this chapter shall have priority over the use of any of the taxes for “pay-as-you-go” financing, except to the extent that the priority is expressly restricted in the resolution authorizing the issuance of the bonds.
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(Added by Stats. 1986, Ch. 1521, Sec. 1.)
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.
The authority may provide for the bonds to bear a variable interest rate, for the manner and intervals in which the rate shall vary, and for the dates on which the interest shall be payable.
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(Added by Stats. 1986, Ch. 1521, Sec. 1.)
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.
Limited tax bonds shall be issued pursuant to a resolution adopted at any time, and from time to time, by the authority by a four-fifths vote of all of its members.
The authority may, from time to time, issue bonds in accordance with the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5 of the Government Code), for the purposes set forth in the ordinance adopted pursuant to Section 150202, which shall constitute an “enterprise” within the meaning of Section 54309 of the Government Code. Article 3 (commencing with Section 54380) of Chapter 6 of Part 1 of Division 2 of Title 5 of the Government Code and the limitations on the rate of interest set forth in subdivision (b) of Section 54402 of the Government Code do not apply to the issuance of the sale of bonds pursuant to this division. Instead, the authority shall authorize the issuance of bonds by resolution, which shall specify all of the following:
(a)CA Public Utilities Code § 150211(a) The purposes for which the bonds are to be issued.
(b)CA Public Utilities Code § 150211(b) The maximum principal amount of the bonds.
(c)CA Public Utilities Code § 150211(c) The maximum term for the bonds.
(d)CA Public Utilities Code § 150211(d) The maximum rate of interest to be payable upon the bonds shall not exceed the maximum rate permitted by Section 53531 of the Government Code or any other applicable provisions of law. In the case of bonds bearing a variable interest rate, the variable rate shall on no day exceed the maximum rate permitted on that day by Section 53531 of the Government Code or any other applicable provisions of law.
(e)CA Public Utilities Code § 150211(e) The maximum discount on the sale of the bonds. However, the bonds shall not be sold at less than 95 percent of the principal amount in the manner determined by the authority. Each resolution shall provide for the issuance of bonds in the amounts as may be necessary, until the full amount of the bonds authorized has been issued. The full amount of bonds may be divided into two or more series with different dates of payment fixed for the bonds of each series. A bond need not mature on its anniversary date.
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(Added by Stats. 1986, Ch. 1521, Sec. 1.)
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.
Any bonds issued pursuant to this chapter are a legal investment for all trust funds; for the funds of insurance companies, commercial and savings banks, and trust companies; and for state school funds. Whenever any money or funds may, by any law now or hereafter enacted, be invested in bonds of cities, counties, school districts, or other districts within this state, that money or funds may be invested in the bonds issued under this chapter, and whenever bonds of cities, counties, school districts, or other districts within this state may, by any law now or hereafter enacted, be used as security for the performance of any act or the deposit of any public money, the bonds issued pursuant to this chapter may be so used. The provisions of this chapter are in addition to all other laws relating to legal investment and shall be controlling as the latest expression of the Legislature with respect thereto.
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(Added by Stats. 1986, Ch. 1521, Sec. 1.)
If you want to challenge the adoption of a sales tax ordinance or the issuance of bonds under that ordinance, you need to start your legal action within six months of the election that approved it. Otherwise, the tax ordinance and bonds will be considered absolutely valid and cannot be legally questioned.
Any action or proceeding wherein the validity of the adoption of the retail transactions and use tax ordinance provided for in this chapter or the issuance of any bonds thereunder or any of the proceedings in relation thereto is contested, questioned, or denied, shall be commenced within six months from the date of the election at which the ordinance is approved; otherwise, the bonds and all proceedings in relation thereto, including the adoption and approval of the ordinance, shall be held to be valid and in every respect legal and incontestable.
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(Added by Stats. 1986, Ch. 1521, Sec. 1.)
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.
The commission may not impose any tax other than the retail transactions and use tax imposed upon approval of the voters in accordance with this division.
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(Added by Stats. 1986, Ch. 1521, Sec. 1.)