Chapter 3. Fiscal Provisions of California Health And Safety Code >> Division 1. >> Part 6.1. >> Chapter 3.
Bonds in the total amount of nine hundred eighty million
dollars ($980,000,000), not including the amount of any refunding
bonds, may be issued and sold to provide a fund to be used for
carrying out the purposes expressed in this part and to reimburse the
General Obligation Bond Expense Revolving Fund pursuant to Section
16724.5 of the Government Code. The bonds, when sold, shall 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 the principal of, and interest
on, the bonds as the principal and interest become due and payable.
The bonds authorized by this part 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
part and are hereby incorporated in this part as though set forth in
full in this part.
(a) Solely for the purpose of authorizing the issuance and
sale pursuant to the State General Obligation Bond Law of the bonds
authorized by this part, the Children's Hospital Bond Act Finance
Committee is hereby created. For purposes of this part, the Children'
s Hospital Bond Act Finance Committee is "the committee" as that term
is used in the State General Obligation Bond Law. The committee
consists of the Controller, Director of Finance, and the Treasurer,
or their designated representatives. The Treasurer shall serve as
chairperson of the committee. A majority of the committee may act for
(b) The authority is designated the "board" for purposes of the
State General Obligation Bond Law, and shall administer the program
pursuant to this part.
The committee shall determine whether or not it is
necessary or desirable to issue bonds authorized pursuant to this
part in order to carry out the actions specified in Section 1179.54
and, if so, the amount of bonds to be issued and sold. Successive
issues of bonds may be authorized and sold to carry out those actions
progressively, and it is not necessary that all of the bonds be
issued or sold at any one time.
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 each year. 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
that is necessary to collect that additional sum.
Notwithstanding Section 13340 of the Government Code,
there is hereby appropriated continuously from the General Fund in
the State Treasury, for the purposes of this part, an amount that
will equal the total of the following:
(a) The sum annually necessary to pay the principal of, and
interest on, bonds issued and sold pursuant to this part, as the
principal and interest become due and payable.
(b) The sum necessary to carry out Section 1179.65, appropriated
without regard to fiscal years.
For the purposes of carrying out this part, the Director
of Finance may authorize the withdrawal from the General Fund of an
amount not to exceed the amount of the unsold bonds that have been
authorized by the committee to be sold for the purpose of carrying
out this part. Any amounts withdrawn shall be deposited in the fund.
Any money made available under this section shall be returned to the
General Fund from proceeds received from the sale of bonds for the
purpose of carrying out this part.
All money deposited in the fund that 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.
Pursuant to Chapter 4 (commencing with Section 16720) of
Part 3 of Division 4 of Title 2 of the Government Code, the cost of
bond issuance shall be paid out of the bond proceeds. These costs
shall be shared proportionally by each children's hospital funded
through this bond act.
The authority may request the Pooled Money Investment
Board to make a loan from the Pooled Money Investment Account,
including other authorized forms of interim financing that include,
but are not limited to, commercial paper, in accordance with Section
16312 of the Government Code, for purposes of carrying out this part.
The amount of the request shall not exceed the amount of the unsold
bonds that the committee, by resolution, has authorized to be sold
for the purpose of carrying out this part. The authority shall
execute any documents required by the Pooled Money Investment Board
to obtain and repay the loan. Any amounts loaned shall be deposited
in the fund to be allocated by the board in accordance with this
The bonds may be refunded in accordance with Article 6
(commencing with Section 16780) of Chapter 4 of Part 3 of Division 4
of Title 2 of the Government Code, which is a part of the State
General Obligation Bond Law. Approval by the voters of the state for
the issuance of the bonds described in this part includes the
approval of the issuance of any bonds issued to refund any bonds
originally issued under this part or any previously issued refunding
Notwithstanding any other provision of this part, or of
the State General Obligation Bond Law, if the Treasurer sells bonds
pursuant to this part that include a bond counsel opinion to the
effect that the interest on the bonds is excluded from gross income
for federal tax purposes, subject to designated conditions, the
Treasurer may maintain separate accounts for the investment of bond
proceeds and for the investment of earnings on those proceeds. The
Treasurer 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 required or desirable under federal law 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.
The people hereby find and declare that, inasmuch as the
proceeds from the sale of bonds authorized by this part 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 part.
Notwithstanding any other provision of this part, the
provisions of this part are severable. If any provision of this part
or its application is held invalid, that invalidity shall not affect
other provisions or applications that can be given effect without the
invalid provision or application.