Amended in Assembly May 28, 2013

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.


SB 182, as amended, 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: begin deleteyes end deletebegin insertnoend insert. State-mandated local program: no.

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

P1    1


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


SEC. 2.  

As used in this act:

4(a) “Public body” meansbegin insert all ofend insert the following:

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

7Agencies, boards, commissions, or entities constituted or
8provided for under or pursuant to the Joint Exercise of Powers Act
9(Chapter 5 (commencing with Section 6500) of Division 7 of Title
101 of the Government Code).

11Air pollution control districts of any kind.

12Air quality management districts.

13Airport districts.

14Assessment districts, benefit assessment districts, and special
15assessment districts of any public body.

16Bridge and highway districts.

17California water districts.

18Citrus pest control districts.

19City maintenance districts.

20Community college districts.

21Community development commissions in their capacity to act
22as a housing authority for other community development purposes
23of the jurisdiction in which the commission operates, except for
24any action taken with respect to the commission’s authority to act
25as a community redevelopment agency.

26Community facilities districts.

27Community rehabilitation districts.

28Community services districts.

29Conservancy districts.

30Cotton pest abatement districts.

31County boards of education.

32County drainage districts.

33County flood control and water districts.

34County free library systems.

35County maintenance districts.

36County sanitation districts.

37County service areas.

38County transportation commissions.

39County water agencies.

40County water authorities.

P3    1County water districts.

2County waterworks districts.

3Department of Water Resources and other agencies acting
4pursuant to Part 3 (commencing with Section 11100) of Division
56 of the Water Code.

6Distribution districts of any public body.

7Drainage districts.

8Fire protection districts.

9Flood control and water conservation districts.

10Flood control districts.

11Garbage and refuse disposal districts.

12Garbage disposal districts.

13Geologic hazard abatement districts.

14Harbor districts.

15Harbor improvement districts.

16Harbor, recreation, and conservation districts.

17Health care authorities.

18Highway districts.

19Highway interchange districts.

20Highway lighting districts.

21Housing authorities.

22Improvement districts or improvement areas of any public body.

23Industrial development authorities.

24Infrastructure financing districts.

25Integrated financing districts.

26Irrigation districts.

27Joint highway districts.

28Levee districts.

29Library districts.

30Library districts in unincorporated towns and villages.

31Local agency formation commissions.

32Local health care districts.

33Local health districts.

34Local hospital districts.

35Local transportation authorities or commissions.

36Maintenance districts.

37Memorial districts.

38Metropolitan transportation commissions.

39Metropolitan water districts.

40Mosquito abatement and vector control districts.

P4    1Multifamily improvement districts.

2Municipal improvement districts.

3Municipal utility districts.

4Municipal water districts.

5Nonprofit corporations.

6Nonprofit public benefit corporations.

7Open-space maintenance districts.

8Parking and business improvement areas.

9Parking authorities.

10Parking districts.

11Permanent road divisions.

12Pest abatement districts.

13Police protection districts.

14Port districts.

15Property and business improvement areas.

16Protection districts.

17Public cemetery districts.

18Public utility districts.

19Rapid transit districts.

20Reclamation districts.

21Recreation and park districts.

22Regional justice facility financing agencies.

23Regional park and open-space districts.

24Regional planning districts.

25Regional transportation commissions.

26Resort improvement districts.

27Resource conservation districts.

28River port districts.

29Road maintenance districts.

30Sanitary districts.

31School districts of any kind or class.

32School facilities improvement districts.

33Separation of grade districts.

34Service authorities for freeway emergencies.

35Sewer districts.

36Sewer maintenance districts.

37Small craft harbor districts.

38Special municipal tax districts.

39Stone and pome fruit pest control districts.

40Storm drain maintenance districts.

P5    1Storm drainage districts.

2Storm drainage maintenance districts.

3Storm water districts.

4Toll tunnel authorities.

5Traffic authorities.

6Transit development boards.

7Transit districts.

8Unified and union school districts’ public libraries.

9Vehicle parking districts.

10Water agencies.

11Water authorities.

12Water conservation districts.

13Water districts.

14Water replenishment districts.

15Water storage districts.

16Watermaster districts.

17Wine grape pest and disease control districts.

18Zones, improvement zones, or service zones of any public body.

19(2) Notwithstanding paragraph (1), a “public body” does not
20include any of the following:

21(A) A community redevelopment agency formed pursuant to
22the Community Redevelopment Law (Part 1 (commencing with
23Section 33000) of Division 24 of the Health and Safety Code).

24(B) A community development commission, with respect to its
25exercise of the powers of a community redevelopment agency.

26(C) A joint powers authority that includes a community
27redevelopment agency or a community development commission
28as a member, with respect to its exercise of the powers of a
29community redevelopment agency.

30(b) “Bonds” means all instruments evidencing an indebtedness
31of a public body incurred or to be incurred for any public purpose,
32all leases, installment purchase agreements, or similar agreements
33wherein the obligor is one or more public bodies, all instruments
34evidencing the borrowing of money in anticipation of taxes,
35revenues, or other income of that body, all instruments payable
36from revenues or special funds of those public bodies, all
37certificates of participation evidencing interests in the leases,
38installment purchase agreements, or similar agreements, and all
39instruments funding, refunding, replacing, or amending any thereof
40or any indebtedness.

P6    1(c) “Hereafter” means any time subsequent to the effective date
2of this act.

3(d) “Heretofore” means any time prior to the effective date of
4this act.

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


SEC. 3.  

All public bodies heretofore organized or existing
7under any law, or under color of any law, are hereby declared to
8have been legally organized and to be legally functioning as those
9public bodies. Every public body, heretofore described, shall have
10all the rights, powers, and privileges, and be subject to all the duties
11and obligations, of those public bodies regularly formed pursuant
12to law.


SEC. 4.  

The boundaries of every public body as heretofore
14established, defined, or recorded, or as heretofore actually shown
15on maps or plats used by the assessor, are hereby confirmed,
16validated, and declared legally established.


SEC. 5.  

All acts and proceedings heretofore taken by any public
18body or bodies under any law, or under color of any law, for the
19annexation or inclusion of territory into those public bodies or for
20the annexation of those public bodies to any other public body or
21for the detachment, withdrawal, or exclusion of territory from any
22public body or for the consolidation, merger, or dissolution of any
23public bodies are hereby confirmed, validated, and declared legally
24effective. This shall include all acts and proceedings of the
25governing board of any public body and of any person, public
26officer, board, or agency heretofore done or taken upon the question
27of the annexation or inclusion or of the withdrawal or exclusion
28of territory or the consolidation, merger, or dissolution of those
29public bodies.


SEC. 6.  

(a) All acts and proceedings heretofore taken by or
31on behalf of any public body under any law, or under color of any
32law, for, or in connection with, the authorization, issuance, sale,
33execution, delivery, or exchange of bonds of any public body for
34any public purpose are hereby authorized, confirmed, validated,
35and declared legally effective. This shall include all acts and
36proceedings of the governing board of public bodies and of any
37person, public officer, board, or agency heretofore done or taken
38upon the question of the authorization, issuance, sale, execution,
39delivery, or exchange of bonds.

P7    1(b) All bonds of, or relating to, any public body heretofore issued
2shall be, in the form and manner issued and delivered, the legal,
3valid, and binding obligations of the public body. All bonds of, or
4relating to, any public body heretofore awarded and sold to a
5purchaser and hereafter issued and delivered in accordance with
6the contract of sale and other proceedings for the award and sale
7shall be the legal, valid, and binding obligations of the public body.
8All bonds of, or relating to, any public body heretofore authorized
9to be issued by ordinance, resolution, order, or other action adopted
10or taken by or on behalf of the public body and hereafter issued
11and delivered in accordance with that authorization shall be the
12legal, valid, and binding obligations of the public body. All bonds
13of, or relating to, any public body heretofore authorized to be issued
14at an election and hereafter issued and delivered in accordance
15with that authorization shall be the legal, valid, and binding
16obligations of the public body. Whenever an election has heretofore
17been called for the purpose of submitting to the voters of any public
18body the question of issuing bonds for any public purpose, those
19bonds, if hereafter authorized by the required vote and in
20accordance with the proceedings heretofore taken, and issued and
21delivered in accordance with that authorization, shall be the legal,
22valid, and binding obligations of the public body.


SEC. 7.  

(a) This act shall operate to supply legislative
24authorization as may be necessary to authorize, confirm, and
25validate any acts and proceedings heretofore taken pursuant to
26authority the Legislature could have supplied or provided for in
27the law under which those acts or proceedings were taken.

28(b) This act shall be limited to the validation of acts and
29proceedings to the extent that the same can be effectuated under
30the California Constitution and the United States Constitution.

31(c) This act shall not operate to authorize, confirm, validate, or
32legalize any act, proceeding, or other matter being legally contested
33or inquired into in any legal proceeding now pending and
34undetermined or that is pending and undetermined during the
35period of 30 days from and after the effective date of this act.

36(d) This act shall not operate to authorize, confirm, validate, or
37legalize any act, proceeding, or other matter that has heretofore
38been determined in any legal proceeding to be illegal, void, or

P8    1(e) This act shall not operate to authorize, confirm, validate, or
2legalize a contract between any public body and the United States.


SEC. 8.  

Any action or proceeding contesting the validity of
4any action or proceeding heretofore taken under any law, or under
5color of any law, for the formation, organization, or incorporation
6of any public body, or for any annexation thereto, detachment or
7exclusion therefrom, or other change of boundaries thereof, or for
8the consolidation, merger, or dissolution of any public bodies, or
9for, or in connection with, the authorization, issuance, sale,
10execution, delivery, or exchange of bonds thereof upon any ground
11involving any alleged defect or illegality not effectively validated
12by the prior provisions of this act and not otherwise barred by any
13statute of limitations or by laches shall be commenced within six
14months of the effective date of this act, otherwise each and all of
15those matters shall be held to be valid and in every respect legal
16and incontestable. This act shall not extend the period allowed for
17legal action beyond the period that it would be barred by any
18presently existing valid statute of limitations.


SEC. 9.  

This act shall not be construed to render the creation
20of any public body, or any change in the boundaries of any public
21body, effective for purposes of assessment or taxation unless the
22statement, together with the map or plat, required to be filed
23pursuant to Chapter 8 (commencing with Section 54900) of Part
241 of Division 2 of Title 5 of the Government Code, is filed within
25the time and substantially in the manner required by those sections.


SEC. 10.  

This act is an urgency statute necessary for the
27immediate preservation of the public peace, health, or safety within
28the meaning of Article IV of the Constitution and shall go into
29immediate effect. The facts constituting the necessity are:

30In order to validate the organization, boundaries, acts,
31proceedings, and bonds of public bodies as soon as possible, it is
32necessary that this act take immediate effect.