Article 5. Payment, Cancellation, And Redemption Of Bonds of California Government Code >> Division 4. >> Title 2. >> Part 3. >> Chapter 4. >> Article 5.
The State Treasurer, directly or through state fiscal
agents, or other duly authorized agents, shall, on the respective
dates of maturity of all bonds, or on the date fixed for the prior
redemption of any thereof which may be duly called for redemption,
and on the respective due dates of all coupons pertaining to any of
said bonds, other than coupons canceled because of the redemption of
any of said bonds prior to maturity, or as soon thereafter as said
bonds or coupons respectively are surrendered to him, or to any such
state fiscal agent, or other duly authorized agent, pay the same.
Upon the payment of any such bond or coupon, the State
Treasurer, or the state fiscal agent, or other duly authorized agent,
shall cancel the same in a manner to indicate the payment. The State
Treasurer, or state fiscal agents, or other duly authorized agents,
shall also on the respective dates of maturity of any such bonds that
have been executed but remain unsold, cancel the same in a manner to
indicate cancellation and on the respective due dates of all coupons
attached to any such bond remaining unsold, shall detach all coupons
the due date of which has been reached, and cancel them in the same
manner as provided for the cancellation of bonds remaining unsold.
The State Treasurer, or state fiscal agents, or other duly
authorized agents, may destroy or cremate any or all bonds and any or
all coupons pertaining thereto which have been previously paid or
canceled as provided herein.
(a) Whenever any payment of principal of any bonds shall
become due, either upon the maturity of any of the bonds or upon the
redemption thereof prior to maturity, and whenever any interest on
any of the bonds shall fall due, warrants shall be drawn against the
appropriation made by the bond act from the General Fund by the
Controller in favor of the Treasurer, or state fiscal agents, or
other duly authorized agents, pursuant to claims filed with the
Controller by the Treasurer, in the amounts so falling due.
(b) For any payments of debt service, as defined in subdivision
(c) of Section 998.404 of the Military and Veterans Code, with
respect to any bonds issued pursuant to a veterans' farm and home
purchase bond act adopted pursuant to Chapter 6 (commencing with
Section 980) of Division 4 of the Military and Veterans Code, the
Controller shall first draw warrants against the appropriation from
the Veterans' Bonds Payment Fund in Section 988.6 of the Military and
Veterans Code, and, to the extent moneys in that fund are
insufficient to pay the amount of debt service then due, shall draw
warrants against the appropriation made by the bond act from the
General Fund for payment of any remaining amount then due.
(c) (1) For any payments of debt service, as defined in paragraph
(4) of subdivision (a) of Section 16965, with respect to any
designated bonds issued pursuant to Proposition 1B, the Controller
shall first draw warrants against the appropriation from the
Transportation Bond Direct Payment Account of the Transportation Debt
Service Fund created by subdivision (a) of Section 16965, and, to
the extent moneys in that account are insufficient to pay the amount
of debt service then due, shall draw warrants from the General Fund
for payment of any remaining amount then due against such
appropriation as may be available therefor, including the
appropriation made by Proposition 1B.
(2) (A) For purposes of this subdivision and Section 16965,
"Proposition 1B" means the Highway Safety, Traffic Reduction, Air
Quality, and Port Security Bond Act of 2006 (Chapter 12.49
(commencing with Section 8879.20) of Division 1).
(B) For purposes of this subdivision, Section 16965, and Section
9400.4 of the Vehicle Code, the term "designated bond" means any
designated bond under Proposition 1B, and the term "nondesignated
bond" means any bond issued under Proposition 1B, whether issued
before or after the enactment of the act adding this subdivision,
that is not a designated bond. For purposes of this subdivision, a
"designated bond" is an issue of bonds (including refunding bonds)
under Proposition 1B that has been designated by the Treasurer upon
or prior to its issuance, with the approval of the related finance
committee, to be paid pursuant to paragraph (1).
(a) If the committee determines that any bonds then
outstanding, including bonds that by their terms are subject to
redemption prior to maturity, should be redeemed or retired prior to
maturity, and that money sufficient for that redemption or retirement
will be available in the fund or the General Fund at the time
proposed for the redemption or retirement, it may, by resolution,
direct the Treasurer to call and redeem or retire any of these bonds,
at a time specified in the resolution, and the Treasurer shall
thereupon either give notice of the proposed redemption and redeem
the bonds in accordance with the provisions for redemption provided
for in the resolution adopted under Section 16731 pursuant to which
the bonds were issued or arrange for the purchase and retirement of
the bonds.
(b) Money sufficient for the redemption or retirement shall be
determined to be available in the General Fund if the Treasurer
certifies that either the issuance of refunding bonds under Article 6
(commencing with Section 16780) or the deferral of the planned
payment of principal on outstanding bonds has reduced the principal
payments required to be made from the General Fund on outstanding
bonds during the current fiscal year by an amount equal to, or in
excess of, the money required for the redemption or retirement.
(c) Money so determined to be sufficient for the redemption or
retirement of bonds and available for that purpose shall be
transferred from the General Fund to a separate account within the
Refunding Escrow Fund created by Section 16784. Notwithstanding
Section 13340, money in that account is continuously appropriated
without regard to fiscal years for the purposes of this section.
Funds in that account shall be held in trust for the benefit of the
holders of the bonds which are to be redeemed or retired and used
only for the payment of the principal of, and interest and any
redemption premium on, or the purchase price of, the bonds which are
to be redeemed or retired. Money in the account shall be invested by
the Treasurer and any income from that investment shall be credited
to the account. Any funds remaining in the account after all of the
bonds are redeemed or retired shall be transferred to the General
Fund.