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HomeEducation CodeDiv. 14Pt. 70Ch. 2Art. 2§ 101140 Bond Refunding Authorization

§ 101140 Bond Refunding Authorization

Education Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 101140 Bond Refunding Authorization

This law says that bonds sold under this chapter can be paid off early (refunded) using the rules in the State General Obligation Bond Law, and that voters who approved the original bonds also approved any new bonds used to pay them off.

Key Takeaways

  • •Refunding bonds must follow the State General Obligation Bond Law (Article 6, § 16780 and up).
  • •Voter approval for the original bonds also covers any bonds used later to refund them.
  • •Refunded bonds can be removed (defeased) only if the law and the original resolution allow it.

Example

A city sells bonds to build a new park. A few years later, the city wants to replace those bonds with new ones that have a lower interest rate.

Because voters already said yes to the original park bonds, they also said yes to any new bonds that will be used to pay off the old ones. The city can then use the new bonds to refund the old ones, and if the law allows, it can also remove the old bonds from the books (defease) as described in the original resolution.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 101140 Bond Refunding Authorization

The bonds issued and sold pursuant to this chapter 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 chapter includes the approval of the issuance of any bonds issued to refund any bonds originally issued under this chapter or any previously issued refunding bonds. Any bond refunded with the proceeds of refunding bonds as authorized by this section may be legally defeased to the extent permitted by law in the manner and to the extent set forth in the resolution, as amended from time to time, authorizing such refunded bond. (Added November 8, 2016, by initiative Proposition 51, Sec. 3.)

Last verified: January 10, 2026

Key Terms

bondsrefundedState General Obligation Bond Lawlegally defeased

Related Statutes

  • § 101430 Bond Refunding Authorization
  • § 100555 Bond Refunding Approval
  • § 101149 Bond Refunding Authorization
  • § 101451 Bond Refunding Authorization
  • § 100425 State Health Facility Bonds

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 101140.
View Official Source