Senate BillNo. 182


Introduced by Committee on Governance and Finance (Senators Wolk (Chair), Beall, DeSaulnier, Emmerson, Hernandez, Knight, and Liu)

February 6, 2013


An act to validate the organization, boundaries, acts, proceedings, and bonds of public bodies, and to provide limitations of time in which actions may be commenced, relating to validations, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

SB 182, as introduced, Committee on Governance and Finance. Validations.

This bill would enact the Second Validating Act of 2013, which would validate the organization, boundaries, acts, proceedings, and bonds of the state and counties, cities, and specified districts, agencies, and entities.

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 23. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

This act shall be known, and may be cited, as the
2Second Validating Act of 2013.

3

SEC. 2.  

As used in this act:

4(a) “Public body” means the following:

5(1) The state and all departments, agencies, boards,
6commissions, and authorities of the state. Except as provided in
P2    1paragraph (2), “public body” also means all cities, counties, cities
2and counties, districts, authorities, agencies, boards, commissions,
3and other entities, whether created by a general statute or a special
4act, including, but not limited to, the following:

5Agencies, boards, commissions, or entities constituted or
6provided for under or pursuant to the Joint Exercise of Powers Act
7(Chapter 5 (commencing with Section 6500) of Division 7 of Title
81 of the Government Code).

9Air pollution control districts of any kind.

10Air quality management districts.

11Airport districts.

12Assessment districts, benefit assessment districts, and special
13assessment districts of any public body.

14Bridge and highway districts.

15California water districts.

16Citrus pest control districts.

17City maintenance districts.

18Community college districts.

19Community development commissions in their capacity to act
20as a housing authority for other community development purposes
21of the jurisdiction in which the commission operates, except for
22any action taken with respect to the commission’s authority to act
23as a community redevelopment agency.

24Community facilities districts.

25Community rehabilitation districts.

26Community services districts.

27Conservancy districts.

28Cotton pest abatement districts.

29County boards of education.

30County drainage districts.

31County flood control and water districts.

32County free library systems.

33County maintenance districts.

34County sanitation districts.

35County service areas.

36County transportation commissions.

37County water agencies.

38County water authorities.

39County water districts.

40County waterworks districts.

P3    1Department of Water Resources and other agencies acting
2pursuant to Part 3 (commencing with Section 11100) of Division
36 of the Water Code.

4Distribution districts of any public body.

5Drainage districts.

6Fire protection districts.

7Flood control and water conservation districts.

8Flood control districts.

9Garbage and refuse disposal districts.

10Garbage disposal districts.

11Geologic hazard abatement districts.

12Harbor districts.

13Harbor improvement districts.

14Harbor, recreation, and conservation districts.

15Health care authorities.

16Highway districts.

17Highway interchange districts.

18Highway lighting districts.

19Housing authorities.

20Improvement districts or improvement areas of any public body.

21Industrial development authorities.

22Infrastructure financing districts.

23Integrated financing districts.

24Irrigation districts.

25Joint highway districts.

26Levee districts.

27Library districts.

28Library districts in unincorporated towns and villages.

29Local agency formation commissions.

30Local health care districts.

31Local health districts.

32Local hospital districts.

33Local transportation authorities or commissions.

34Maintenance districts.

35Memorial districts.

36Metropolitan transportation commissions.

37Metropolitan water districts.

38Mosquito abatement and vector control districts.

39Multifamily improvement districts.

40Municipal improvement districts.

P4    1Municipal utility districts.

2Municipal water districts.

3Nonprofit corporations.

4Nonprofit public benefit corporations.

5Open-space maintenance districts.

6Parking and business improvement areas.

7Parking authorities.

8Parking districts.

9Permanent road divisions.

10Pest abatement districts.

11Police protection districts.

12Port districts.

13Property and business improvement areas.

14Protection districts.

15Public cemetery districts.

16Public utility districts.

17Rapid transit districts.

18Reclamation districts.

19Recreation and park districts.

20Regional justice facility financing agencies.

21Regional park and open-space districts.

22Regional planning districts.

23Regional transportation commissions.

24Resort improvement districts.

25Resource conservation districts.

26River port districts.

27Road maintenance districts.

28Sanitary districts.

29School districts of any kind or class.

30School facilities improvement districts.

31Separation of grade districts.

32Service authorities for freeway emergencies.

33Sewer districts.

34Sewer maintenance districts.

35Small craft harbor districts.

36Special municipal tax districts.

37Stone and pome fruit pest control districts.

38Storm drain maintenance districts.

39Storm drainage districts.

40Storm drainage maintenance districts.

P5    1Storm water districts.

2Toll tunnel authorities.

3Traffic authorities.

4Transit development boards.

5Transit districts.

6Unified and union school districts’ public libraries.

7Vehicle parking districts.

8Water agencies.

9Water authorities.

10Water conservation districts.

11Water districts.

12Water replenishment districts.

13Water storage districts.

14Watermaster districts.

15Wine grape pest and disease control districts.

16Zones, improvement zones, or service zones of any public body.

17(2) Notwithstanding paragraph (1), a “public body” does not
18include any of the following:

19(A) A community redevelopment agency formed pursuant to
20the Community Redevelopment Law (Part 1 (commencing with
21Section 33000) of Division 24 of the Health and Safety Code).

22(B) A community development commission, with respect to its
23exercise of the powers of a community redevelopment agency.

24(C) A joint powers authority that includes a community
25redevelopment agency or a community development commission
26as a member, with respect to its exercise of the powers of a
27community redevelopment agency.

28(b) “Bonds” means all instruments evidencing an indebtedness
29of a public body incurred or to be incurred for any public purpose,
30all leases, installment purchase agreements, or similar agreements
31wherein the obligor is one or more public bodies, all instruments
32evidencing the borrowing of money in anticipation of taxes,
33revenues, or other income of that body, all instruments payable
34from revenues or special funds of those public bodies, all
35certificates of participation evidencing interests in the leases,
36installment purchase agreements, or similar agreements, and all
37instruments funding, refunding, replacing, or amending any thereof
38or any indebtedness.

39(c) “Hereafter” means any time subsequent to the effective date
40of this act.

P6    1(d) “Heretofore” means any time prior to the effective date of
2this act.

3(e) “Now” means the effective date of this act.

4

SEC. 3.  

All public bodies heretofore organized or existing
5under any law, or under color of any law, are hereby declared to
6have been legally organized and to be legally functioning as those
7public bodies. Every public body, heretofore described, shall have
8all the rights, powers, and privileges, and be subject to all the duties
9and obligations, of those public bodies regularly formed pursuant
10to law.

11

SEC. 4.  

The boundaries of every public body as heretofore
12established, defined, or recorded, or as heretofore actually shown
13on maps or plats used by the assessor, are hereby confirmed,
14validated, and declared legally established.

15

SEC. 5.  

All acts and proceedings heretofore taken by any public
16body or bodies under any law, or under color of any law, for the
17annexation or inclusion of territory into those public bodies or for
18the annexation of those public bodies to any other public body or
19for the detachment, withdrawal, or exclusion of territory from any
20public body or for the consolidation, merger, or dissolution of any
21public bodies are hereby confirmed, validated, and declared legally
22effective. This shall include all acts and proceedings of the
23governing board of any public body and of any person, public
24officer, board, or agency heretofore done or taken upon the question
25of the annexation or inclusion or of the withdrawal or exclusion
26of territory or the consolidation, merger, or dissolution of those
27public bodies.

28

SEC. 6.  

(a) All acts and proceedings heretofore taken by or
29on behalf of any public body under any law, or under color of any
30law, for, or in connection with, the authorization, issuance, sale,
31execution, delivery, or exchange of bonds of any public body for
32any public purpose are hereby authorized, confirmed, validated,
33and declared legally effective. This shall include all acts and
34proceedings of the governing board of public bodies and of any
35person, public officer, board, or agency heretofore done or taken
36upon the question of the authorization, issuance, sale, execution,
37delivery, or exchange of bonds.

38(b) All bonds of, or relating to, any public body heretofore issued
39shall be, in the form and manner issued and delivered, the legal,
40valid, and binding obligations of the public body. All bonds of, or
P7    1relating to, any public body heretofore awarded and sold to a
2purchaser and hereafter issued and delivered in accordance with
3the contract of sale and other proceedings for the award and sale
4shall be the legal, valid, and binding obligations of the public body.
5All bonds of, or relating to, any public body heretofore authorized
6to be issued by ordinance, resolution, order, or other action adopted
7or taken by or on behalf of the public body and hereafter issued
8and delivered in accordance with that authorization shall be the
9legal, valid, and binding obligations of the public body. All bonds
10of, or relating to, any public body heretofore authorized to be issued
11at an election and hereafter issued and delivered in accordance
12with that authorization shall be the legal, valid, and binding
13obligations of the public body. Whenever an election has heretofore
14been called for the purpose of submitting to the voters of any public
15body the question of issuing bonds for any public purpose, those
16bonds, if hereafter authorized by the required vote and in
17accordance with the proceedings heretofore taken, and issued and
18delivered in accordance with that authorization, shall be the legal,
19valid, and binding obligations of the public body.

20

SEC. 7.  

(a) This act shall operate to supply legislative
21authorization as may be necessary to authorize, confirm, and
22validate any acts and proceedings heretofore taken pursuant to
23authority the Legislature could have supplied or provided for in
24the law under which those acts or proceedings were taken.

25(b) This act shall be limited to the validation of acts and
26proceedings to the extent that the same can be effectuated under
27the California Constitution and the United States Constitution.

28(c) This act shall not operate to authorize, confirm, validate, or
29legalize any act, proceeding, or other matter being legally contested
30or inquired into in any legal proceeding now pending and
31undetermined or that is pending and undetermined during the
32period of 30 days from and after the effective date of this act.

33(d) This act shall not operate to authorize, confirm, validate, or
34legalize any act, proceeding, or other matter that has heretofore
35been determined in any legal proceeding to be illegal, void, or
36ineffective.

37(e) This act shall not operate to authorize, confirm, validate, or
38legalize a contract between any public body and the United States.

39

SEC. 8.  

Any action or proceeding contesting the validity of
40any action or proceeding heretofore taken under any law, or under
P8    1color of any law, for the formation, organization, or incorporation
2of any public body, or for any annexation thereto, detachment or
3exclusion therefrom, or other change of boundaries thereof, or for
4the consolidation, merger, or dissolution of any public bodies, or
5for, or in connection with, the authorization, issuance, sale,
6execution, delivery, or exchange of bonds thereof upon any ground
7involving any alleged defect or illegality not effectively validated
8by the prior provisions of this act and not otherwise barred by any
9statute of limitations or by laches shall be commenced within six
10months of the effective date of this act, otherwise each and all of
11those matters shall be held to be valid and in every respect legal
12and incontestable. This act shall not extend the period allowed for
13legal action beyond the period that it would be barred by any
14presently existing valid statute of limitations.

15

SEC. 9.  

This act shall not be construed to render the creation
16of any public body, or any change in the boundaries of any public
17body, effective for purposes of assessment or taxation unless the
18statement, together with the map or plat, required to be filed
19pursuant to Chapter 8 (commencing with Section 54900) of Part
201 of Division 2 of Title 5 of the Government Code, is filed within
21the time and substantially in the manner required by those sections.

22

SEC. 10.  

This act is an urgency statute necessary for the
23immediate preservation of the public peace, health, or safety within
24the meaning of Article IV of the Constitution and shall go into
25immediate effect. The facts constituting the necessity are:

26In order to validate the organization, boundaries, acts,
27proceedings, and bonds of public bodies as soon as possible, it is
28necessary that this act take immediate effect.



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