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.
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 transportation purposes. The government agencies shall maintain their existing commitment of local funds for street, highway, and public transit purposes pursuant to an ordinance adopted by the commission to enforce this section.
transportation funding local revenues street maintenance highway funding public transit support government agencies supplementing funds enforcement of funding commitments local funds commitment transportation purposes funding ordinance commission enforcement supplemental transportation funds
(Added by Stats. 1987, Ch. 270, Sec. 2. Effective July 28, 1987.)
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.
The commission may levy a retail transactions and use tax applicable in the incorporated and unincorporated territory of the county in accordance with this chapter and Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code. The ordinance shall only become effective if adopted by a two-thirds vote of the commission and subsequently approved by two-thirds of the electors voting on the measure at a special election called for the purpose by the board of supervisors or at any regular election. The commission shall specify in the ordinance that not more than 1 percent of the annual net amount of revenues raised by the tax may be used to fund the salaries and benefits of the staff of the commission in administering the programs funded from that tax. The ordinance shall take effect at the close of the polls on the day of election at which the proposition is adopted. The initial collection of the transactions and use tax shall take place in accordance with Section 240304.
If the voters do not approve the ordinance, the board of supervisors may, at any time thereafter, submit the same, or a different, measure, if adopted by a two-thirds vote of the commission, to the voters in accordance with this division.
retail transactions tax use tax two-thirds vote commission approval election approval voter approval special election board of supervisors staff salaries cap revenue use limitation tax ordinance county-wide tax tax implementation tax election election procedures
(Amended by Stats. 2007, Ch. 343, Sec. 28.10. Effective January 1, 2008.)
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.
(a)CA Public Utilities Code § 240302(a) The commission, in the 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 shall set a term during which the tax will be imposed.
(b)CA Public Utilities Code § 240302(b) The purposes for which the tax revenues may 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, highways, including state highways, and public transit systems. These purposes include expenditures for the planning, environmental reviews, engineering and design costs, and related right-of-way acquisition.
(c)CA Public Utilities Code § 240302(c) The ordinance shall contain an expenditure plan which shall include the allocation of revenues for the purposes authorized by this section and shall include, at a minimum, the following provisions:
(1)CA Public Utilities Code § 240302(c)(1) The proportional distribution of the revenues among various purposes.
(2)CA Public Utilities Code § 240302(c)(2) The specific projects to be funded under the state highway and freeway portion.
(3)CA Public Utilities Code § 240302(c)(3) The formula for distribution of the city and county portion, which may be amended by voter approval.
(d)CA Public Utilities Code § 240302(d) Following adoption of the ordinance by the voters, the expenditure plan may only be amended, if required, by the following process:
(1)CA Public Utilities Code § 240302(d)(1) Initiation of amendment by the commission, reciting findings of necessity.
(2)CA Public Utilities Code § 240302(d)(2) Approval by the board of supervisors.
(3)CA Public Utilities Code § 240302(d)(3) Approval by a majority of the cities constituting a majority of the incorporated population.
tax ordinance tax rate tax revenue purposes road maintenance public transit funding expenditure plan tax distribution specific projects highway funding voter approval city and county funding road construction capital acquisition environmental reviews right-of-way acquisition
(Added by Stats. 1987, Ch. 270, Sec. 2. Effective July 28, 1987.)
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.
(a)CA Public Utilities Code § 240303(a) The county shall conduct an election called by the board of supervisors pursuant to Section 240301.
(b)CA Public Utilities Code § 240303(b) The election shall be called and conducted in the same manner as provided by law for the conduct of elections by a county.
county election responsibility board of supervisors election procedures organizing elections county-run elections election conduct election laws electoral process Section 240301 election county duties elections
(Added by Stats. 1987, Ch. 270, Sec. 2. Effective July 28, 1987.)
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.
(a)CA Public Utilities Code § 240304(a) Any 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 § 240304(b) Prior to the operative date of the ordinance, the commission shall contract with the State Board of Equalization to perform all functions incident to the administration and operation of the ordinance.
transaction and use tax operative date calendar quarter 120 days after adoption State Board of Equalization administration tax ordinance commission responsibilities tax collection implementation timeline contract with board administrative functions
(Added by Stats. 1987, Ch. 270, Sec. 2. Effective July 28, 1987.)
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.
The revenues from the taxes imposed pursuant to this chapter shall be allocated by the commission for transportation purposes consistent with the adopted regional transportation improvement program and the regional transportation plan.
transportation funding tax revenue allocation regional transportation improvement program regional transportation plan transportation projects commission taxes for transportation fund allocation transportation purposes local transportation projects transportation planning revenue use public transportation infrastructure development regional planning
(Added by Stats. 1987, Ch. 270, Sec. 2. Effective July 28, 1987.)
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.
(a)CA Public Utilities Code § 240306(a) The commission, subject to the approval of the voters, may impose a maximum tax rate of 1.5 percent under this division and the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code). The commission shall only levy a tax or multiple taxes at a rate
that is a multiple of 0.25 percent, unless a different rate is
specifically authorized by statute. Neither this division nor the ordinance shall affect any tax otherwise authorized.
(b)CA Public Utilities Code § 240306(b) Notwithstanding Section 7251.1 of the Revenue and Taxation Code, the tax rate authorized pursuant to this section shall not be considered for purposes of the combined rate limit established by that section.
(c)CA Public Utilities Code § 240306(c) The tax rate adopted pursuant to this chapter, unless otherwise prohibited, may be increased by the commission by ordinance adopted in the manner and by the vote stated in Section 240301 and approved by two-thirds of the electors voting on the measure at an election called for that purpose by the commission.
maximum tax rate voter approval 1.5% tax rate 0.25% increments increase tax rate two-thirds voter approval commission tax levy Transactions and Use Tax Law Section 7251.1 revenue and taxation multiple taxes ordinance adoption elector approval election for tax increase tax rate limit exemption
(Amended by Stats. 2023, Ch. 578, Sec. 1. (AB 1385) Effective January 1, 2024.)
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.
Any increase or reduction in the tax rate adopted pursuant to Section 240306 or 240307 shall become effective on the first day of the calendar quarter which commences at least 120 days following the date of the commission’s vote approving the increased or reduced rate.
tax rate change increase or decrease effective date calendar quarter commission vote 120 days tax approval process tax rate timing tax implementation rate adjustment period tax commission decision quarterly schedule timing of tax changes tax initiation date commission approval
(Added by Stats. 1987, Ch. 270, Sec. 2. Effective July 28, 1987.)
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.
(a)CA Public Utilities Code § 240308(a) If requested to do so by the commission in its resolution calling for an election, the board of supervisors, as part of the ballot proposition to approve the imposition of a retail transactions and use tax, may seek authorization to issue bonds for capital outlay expenditures as may be provided for in the ordinance expenditure plan payable from the proceeds of the tax.
(b)CA Public Utilities Code § 240308(b) The maximum bonded indebtedness that 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, as determined by the plan. The amount of bonds outstanding at any one time does not include the amount of bonds, refunding bonds, or bond
anticipation notes for which funds necessary for the payment thereof have been set aside for that purpose in a trust or escrow account.
(c)CA Public Utilities Code § 240308(c) The proposition shall set forth each of the following:
(1)CA Public Utilities Code § 240308(c)(1) The actual percent of the tax.
(2)CA Public Utilities Code § 240308(c)(2) The duration of the tax if the plan specifies a time limit.
(3)CA Public Utilities Code § 240308(c)(3) The amount of bonds, if any, payable from the proceeds of the tax.
(4)CA Public Utilities Code § 240308(c)(4) The commission as the agency imposing the tax.
(5)CA Public Utilities Code § 240308(c)(5) The appropriations limit of the commission, pursuant to Section 4 of Article XIII B of the California Constitution.
(d)CA Public Utilities Code § 240308(d) The
sample ballot to be mailed to the voters, pursuant to Section 13303 of the Elections Code, shall be the full proposition, as set forth in the ordinance calling the election, and the voter information handbook shall include the entire ordinance expenditure plan.
retail transactions tax use tax bonds authorization capital outlay expenditure bonded indebtedness ballot proposition details tax percentage tax duration commission as taxing agency appropriations limit voter information sample ballot ordinance expenditure plan election resolution tax proceeds
(Amended by Stats. 2009, Ch. 140, Sec. 170. (AB 1164) Effective January 1, 2010.)
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.
(a)CA Public Utilities Code § 240309(a) The bonds authorized by the voters concurrently with the approval of the retail transactions and use tax may be issued at any time by the commission and shall be 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 § 240309(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 tax for “pay-as-you-go” financing, except to the extent that that priority is expressly restricted in the resolution authorizing the issuance of the bonds.
limited tax bonds bond issuance tax proceeds retail transactions tax use tax commission authority pledge of revenues priority over financing pay-as-you-go financing bond security voter-approved tax bond resolution restrictions financial instruments tax-related borrowing debt priority
(Added by Stats. 1987, Ch. 270, Sec. 2. Effective July 28, 1987.)
This law specifies that limited tax bonds can be issued by the commission through a resolution that requires a two-thirds majority approval. The resolution can authorize the bonds to be issued in several series with different payment dates, and the bonds do not need to mature exactly on their anniversary dates.
Limited tax bonds shall be issued pursuant to a resolution adopted at any time by a two-thirds vote of the commission. Each resolution shall provide for the issuance of bonds in the amounts as may be necessary, until the full amount of bonds authorized have been issued. The full amount of bonds may be divided into two or more series and different dates of payment fixed for the bonds of each series. A bond need not mature on its anniversary date.
limited tax bonds bond issuance two-thirds vote commission resolution series of bonds payment dates bond maturity anniversary date financial instruments public utilities funding authorization bond series structure
(Added by Stats. 1987, Ch. 270, Sec. 2. Effective July 28, 1987.)
This part of the California Public Utilities Code explains what a resolution must include when authorizing the issuance of bonds. It needs to detail why the debt is being incurred, including all related costs like engineering, legal, and financial consulting fees. The resolution should state the estimated total cost, principal amount, bond maturity term, maximum interest rate, bond denominations, which must be at least $5,000, and the form the bonds will take, like registered or coupon bonds. It can also include any other relevant details authorized by law.
(a)CA Public Utilities Code § 240311(a) A resolution authorizing the issuance of bonds shall state all of the following:
(1)CA Public Utilities Code § 240311(a)(1) The purposes for which the proposed debt is to be incurred, which may include all costs and estimated costs incidental to, or connected with, the accomplishment of those purposes, including, without limitation, engineering, inspection, legal, fiscal agents, financial consultant and other fees, bond and other reserve funds, working capital, bond interest estimated to accrue during the construction period and for a period not to exceed three years thereafter, and expenses of all proceedings for the authorization, issuance, and sale of the bonds.
(2)CA Public Utilities Code § 240311(a)(2) The estimated cost of accomplishing those purposes.
(3)CA Public Utilities Code § 240311(a)(3) The amount of the principal of the indebtedness.
(4)CA Public Utilities Code § 240311(a)(4) The maximum term the bonds proposed to be issued shall run before maturity, which shall not be beyond the date of termination of the imposition of the retail transactions and use tax.
(5)CA Public Utilities Code § 240311(a)(5) The maximum rate of interest to be paid, which shall not exceed the maximum allowable by law.
(6)CA Public Utilities Code § 240311(a)(6) The denomination or denominations of the bonds, which shall not be less than five thousand dollars ($5,000).
(7)CA Public Utilities Code § 240311(a)(7) The form of the bonds, including, without limitation, registered bonds and coupon bonds, to the extent permitted by federal law, and the form of any coupons to be attached thereto, the registration, conversion, and exchange privileges, if any, pertaining thereto, and the time when all of, or any part of, the principal becomes due and payable.
(b)CA Public Utilities Code § 240311(b) The resolution may also contain any other matters authorized by this chapter or any other law.
bond issuance resolution requirements debt purposes estimated costs principal amount bond maturity term interest rate bond denominations registered bonds coupon bonds fiscal agents financial consultant fees bond reserve funds issuance costs retail transactions and use tax
(Added by Stats. 1987, Ch. 270, Sec. 2. Effective July 28, 1987.)
This section states that bonds can have interest rates, but they cannot exceed the legal maximum. The interest payments will be made at times decided by the commission. The first interest payment on the bonds can cover a period of up to one year as determined by the commission.
The bonds shall bear interest at a rate or rates not exceeding the maximum allowable by law, payable at intervals determined by the commission, except that the first interest payable on the bonds, or any series thereof, may be for any period not exceeding one year, as determined by the commission.
bonds interest rates maximum allowable interest interest payments commission decisions first interest period payment intervals interest rate cap bond series commission authority financial regulations public utilities bond issuance interest period determination legal interest limits
(Added by Stats. 1987, Ch. 270, Sec. 2. Effective July 28, 1987.)
This law states that when bonds are issued, the commission can decide if those bonds can be called or redeemed before they mature. However, for a bond to be eligible for early call or redemption, it must clearly state this possibility either in a recital or printed statement on the bond itself.
In the resolution authorizing the issuance of the bonds, the commission may also provide for the call and redemption of the bonds prior to maturity at the times and prices and upon other terms as specified. However, no bond is subject to call or redemption prior to maturity, unless it contains a recital to that effect or unless a statement to that effect is printed.
bond issuance call and redemption prior to maturity commission authorization bond terms bond recital printed statement early redemption conditions financial securities redemption price bond maturity commission resolution financial regulation bond agreements redeemable bonds
(Added by Stats. 1987, Ch. 270, Sec. 2. Effective July 28, 1987.)
This law states that the main amount (principal) and the interest owed on certain bonds must be paid in U.S. dollars. These payments can be made at the office of the commission's treasurer or at other specified locations, depending on what the bondholders prefer.
The principal of, and interest on, the bonds shall be payable in lawful money of the United States at the office of the treasurer of the commission, or at other places as may be designated, or at both the office and other places at the option of the holders of the bonds.
bond payments U.S. dollars commission treasurer bond principal bond interest lawful money payment locations bondholders payment options financial obligations designated locations treasurer's office bond redemption public utilities United States currency
(Added by Stats. 1987, Ch. 270, Sec. 2. Effective July 28, 1987.)
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.
The bonds, or each series thereof, shall be dated and numbered consecutively and shall be signed by the chairperson or vice chairperson of the commission and the auditor-controller of the commission, and the official seal, if any, of the commission shall be attached.
The interest coupons of the bonds shall be signed by the auditor-controller of the commission. All of the signatures and seal may be printed, lithographed, or mechanically reproduced.
If any officer whose signature appears on the bonds or coupons ceases to be that officer before the delivery of the bonds, the officer’s signature is as effective as if the officer had remained in office.
bonds issuance commission bonds serial numbering chairperson signature vice chairperson signature auditor-controller official seal interest coupons mechanically reproduced signatures officer signature validity bond delivery commission financial operations signature efficacity dated bonds numbered bonds
(Added by Stats. 1987, Ch. 270, Sec. 2. Effective July 28, 1987.)
This law section allows the commission to decide how to sell bonds, either through negotiation or a public sale. The bonds can even be sold for less than their face value, known as below par.
The bonds may be sold as the commission determines by resolution, and the bonds may be sold at a price below par, whether by negotiated or public sale.
bond sales below par pricing negotiated sale public sale commission resolution bond pricing bond issuance financial instruments price determination par value sale of bonds commission authority bond market bond selling strategies market pricing
(Added by Stats. 1987, Ch. 270, Sec. 2. Effective July 28, 1987.)
This law states that bonds can be delivered anywhere, whether inside or outside of California. Additionally, the payment for these bonds can be made in cash or through bank credits.
Delivery of any bonds may be made at any place either inside or outside the state, and the purchase price may be received in cash or bank credits.
bond delivery out of state delivery bond purchase bank credits payment bond payment methods cash payment financial transactions bond sales bond location state boundaries bond issuance payment flexibility financial instruments transaction location bond logistics
(Added by Stats. 1987, Ch. 270, Sec. 2. Effective July 28, 1987.)
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.
All accrued interest and premiums received on the sale of the bonds shall be placed in the fund to be used for the payment of the principal of, and interest on, the bonds, and the remainder of the proceeds of the bonds shall be placed in the treasury of the commission and applied to secure the bonds or for the purposes for which the debt was incurred. However, when the purposes have been accomplished, any money remaining shall be either (a) transferred to the fund to be used for the payment of principal of, and interest on, the bonds or (b) placed in a fund to be used for the purchase of the outstanding bonds in the open market at prices and in the manner, either at public or private sale or otherwise, as determined by the commission. Bonds so purchased shall be canceled immediately.
bond sale proceeds accrued interest bond premiums fund allocation debt payment bond principal interest payment treasury management security for bonds debt purposes surplus funds bond repurchase market buyback commission decisions bond cancellation
(Added by Stats. 1987, Ch. 270, Sec. 2. Effective July 28, 1987.)
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.
(a)CA Public Utilities Code § 240319(a) The commission may provide for the issuance, sale, or exchange of refunding bonds to redeem or retire any bonds issued by the commission upon the terms, at the times and in the manner which it determines.
(b)CA Public Utilities Code § 240319(b) Refunding bonds may be issued in a principal amount sufficient to pay all, or any part of, the principal of the outstanding bonds, the premiums, if any, due upon call and redemption thereof prior to maturity, all expenses of the refunding, and either of the following:
(1)CA Public Utilities Code § 240319(b)(1) The interest upon the refunding bonds from the date of sale thereof to the date of payment of the bonds to be refunded out of the proceeds of the sale of the refunding bonds or to the date upon which the bonds to be refunded will be paid pursuant to call or agreement with the holders of the bonds.
(2)CA Public Utilities Code § 240319(b)(2) The interest upon the bonds to be refunded from the date of sale of the refunding bonds to the date of payment of the bonds to be refunded or to the date upon which the bonds to be refunded will be paid pursuant to call or agreement with the holder of the bonds.
(c)CA Public Utilities Code § 240319(c) The provisions of this chapter for the issuance and sale of bonds apply to the issuance and sale of refunding bonds.
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(Added by Stats. 1987, Ch. 270, Sec. 2. Effective July 28, 1987.)
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.
(a)CA Public Utilities Code § 240320(a) The commission may borrow money in anticipation of the sale of bonds which have been authorized pursuant to this chapter, but which have not been sold or delivered, and may issue negotiable bond anticipation notes therefor and may renew the bond anticipation notes from time to time. However, the maximum maturity of any bond anticipation notes, including the renewals thereof, shall not exceed five years from the date of delivery of the original bond anticipation notes.
(b)CA Public Utilities Code § 240320(b) The bond anticipation notes, and the interest thereon, may be paid from any money of the commission available therefor, including the revenues from the tax. If not previously otherwise paid, the bond anticipation notes, or any portion thereof, or the interest thereon, shall be paid from the proceeds of the next sale of the bonds of the commission in anticipation of which the notes were issued.
(c)CA Public Utilities Code § 240320(c) The bond anticipation notes shall not be issued in any amount in excess of the aggregate amount of the bonds which the commission has been authorized to issue, less the amount of any bonds of the authorized issue previously sold, and also less the amount of other bond anticipation notes therefor issued and then outstanding. The bond anticipation notes shall be issued and sold in the same manner as the bonds.
(d)CA Public Utilities Code § 240320(d) The bond anticipation notes and the resolutions authorizing them may contain any provisions, conditions, or limitations which a resolution of the commission may contain.
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(Added by Stats. 1987, Ch. 270, Sec. 2. Effective July 28, 1987.)
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.
Any bonds issued under this chapter are legal investment for all trust funds; for the funds of insurance companies, commercial and savings banks, and trust companies; and for state school funds; and 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 the state, that money or those funds may be invested in the bonds issued under this chapter, and whenever bonds of cities, counties, school districts, or other districts within the 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 under this chapter may be so used. The provisions of this chapter are in addition to all other laws relating to legal investments and shall be controlling as the latest expression of the Legislature with respect thereto.
legal investment trust funds insurance funds savings banks trust companies state school funds investment bonds security for performance deposit of public money financial securities investment legislation public finance bond issuance legislative intent latest expression of the Legislature
(Added by Stats. 1987, Ch. 270, Sec. 2. Effective July 28, 1987.)
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.
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. 1987, Ch. 270, Sec. 2. Effective July 28, 1987.)
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.
The commission has no power to impose any tax other than the transactions and use tax imposed upon approval of the voters in accordance with this division.
transaction and use tax voter approval tax authority tax limitations tax imposition power commission's tax power voter-approved taxes taxation rules commission tax restrictions tax imposition restrictions transactions tax use tax voter-governed taxation commission authority tax legislation conditions
(Added by Stats. 1987, Ch. 270, Sec. 2. Effective July 28, 1987.)