BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 222


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          Date of Hearing:  June 17, 2015 


                       ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT


                              Brian Maienschein, Chair


          SB  
          222 (Block) - As Amended May 19, 2015


          SENATE VOTE:  38-0


          SUBJECT:  Local agencies: school bonds: general obligation  
          bonds: statutory lien.


          SUMMARY:  Enacts a statutory lien to secure general obligation  
          (G.O.) bonds issued or sold 


          by a city, county, city and county, school district, community  
          college district, authority, or special district.  Specifically,  
          this bill:   
          1)Requires all GO bonds issued and sold by or on behalf of a  
            local agency to be secured by a statutory lien on all revenues  
            received, pursuant to the levy and collection of the tax.  


          2)Requires the lien to automatically arise without any further  
            action or authorization by the local agency or its governing  
            board 


          3)Requires the lien to be valid and binding from the time the  
            bonds are executed and delivered.  








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          4)Requires the revenue received, pursuant to the levy and  
            collection of the tax, to be immediately subject to the lien  
            and requires the lien to immediately attach to the revenues  
            and be effective, binding, and enforceable against the local  
            agency, its successors, transfers, and creditors, irrespective  
            of whether those parties have notice of the lien and without  
            the need for any physical delivery, recordation, filing or  
            further act.  


          5)Specifies that this section is not intended to supplement or  
            limit a local agency's power to issue GO bonds conferred by  
            any other law.  


          6)Defines local agency to mean any city, county, city and  
            county, school district, community college district,  
            authority, or special district.  


          7)Defines GO bonds to mean bonds, warrants, notes, or other  
            evidence of indebtedness of a local agency payable from the  
            proceeds of ad valorem taxes that may be lived, pursuant to  
            paragraphs 2 and 3 of subdivision (b) of Section 1 of Article  
            XIII A of the California Constitution.  


          FISCAL EFFECT:  None


          COMMENTS:  


          1)General Obligation Bonds.  The Legislature has granted cities,  
            counties, school districts and several types of special  
            districts the authority to issue GO bonds.  These GO bonds  
            issued by local agencies are secured by the legal obligation  








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            to levy an ad valorem property tax on taxable property in an  
            amount sufficient to pay the debt service.  The rate of the  
            annual ad valorem taxes levied by the local agency to repay GO  
            bonds is determined by the relationship between the assessed  
            valuation of taxable property in the local agency and the  
            amount of debt service due on the GO bonds in any year.   
            Two-thirds of voters must approve the issuance of a GO bond,  
            and in doing so, approve the levy of an ad valorem tax to pay  
            the bond.  Proposition 39 (2000) enables school districts to  
            issue GO bonds upon a 55% voter approval, subject to specified  
            conditions.  Because GO bonds are backed by such a broad and  
            reliable security pledge, they typically obtain the highest  
            bond ratings and widest investor acceptance, which results in  
            the lowest borrowing costs among various types of long-term  
            bonds.  


          2)Bankruptcy.  Recent bankruptcy cases across the country  
            (Jefferson County, Alabama and City of Detroit, Michigan) have  
            raised new questions about the security and treatment of GO  
            bonds after the filing of Chapter 9 (municipal bankruptcy).   
            It is difficult to conclude the treatment of GO bonds in all  
            Chapter 9 cases due to the differences in state law.  However,  
            California is listed as one of the five states that have GO  
            bonds backed by a statutory lien, pursuant to the requirements  
            under state law which require local agencies to secure GO  
            bonds with a broad pledge of voter approved ad valorem tax  
            revenues.  A statutory lien is one type of lien recognized by  
            the Bankruptcy Code that arises by statute, and does not  
            require any consent between parties (security interests) or  
            judicial action (judicial lien).  In Bankruptcy Court, GO  
            bonds backed by statutory liens are secured claims meaning  
            they cannot be altered.  


            In past bankruptcy cases in California (San Jose Unified in  
            1983, Orange County in 1994, and Sierra Kings Health Care  
            District in 2009), GO bond debt was preserved and the local  
            agencies continued to make payments to bondholders.  While  








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            there have been more recent cases of bankruptcy in California  
            among cities and special districts, financially struggling  
            school districts take a different path.  As a result of court  
            decisions (Butt v. State of California, 1992) placing the  
            ultimate responsibility for ensuring the equitable provision  
            of public education to all students, including those in  
            financially failing school districts, and the resulting early  
            experiences with districts on the verge of insolvency, the  
            state developed a process for providing financial oversight to  
            school districts, and for providing financial assistance and  
            financial recovery to school districts in financial trouble  
            [AB 1200 (Eastin), Chapter 1213, Statutes of 1991].  As a  
            result, the AB 1200 process has been sufficient to pull nine  
            school districts out of immediate financial trouble and return  
            them to a more stable fiscal condition.  


          3)Bill Summary.  This bill enacts a statutory lien to secure GO  
            bonds issued by a city, county, city and county, special  
            district, authority, school district, and community college  
            district.  This bill requires the statutory lien arise  
            automatically without the need for any action or authorization  
            by the local agency or its governing body.  Under this bill,  
            the lien will be valid and binding from the time the bonds are  
            executed and delivered.  Additionally, this bill requires that  
            the lien must immediately attach to the GO bond revenues and  
            be effective, binding, and enforceable against the local  
            agency, its successors, purchasers of those revenues,  
            creditors, and all other asserting rights therein,  
            irrespective of whether those parties have notice of the lien  
            and without the need for any physical delivery, recordation,  
            filing, or further act.  School districts have the authority  
            to issue GO bonds under both the Government Code and the  
            Education Code, therefore, the author and sponsor want to  
            amend both codes to emphasize the statutory lien for school  
            districts.  


            This bill is sponsored by San Diego Unified School District.  








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          4)Author's Statement.  According to the author, "[This bill]  
            clarifies that GO bonds issued and sold by school districts,  
            community college districts, and local governments are secured  
            by a statutory lien on the taxes collected for their payment.   
            Current practice among bond rating agencies is to analyze the  
            fiscal strength of the issuing district or region when giving  
            the bonds a rating because they are concerned that if the  
            district or local government were to declare bankruptcy, the  
            taxes levied for payment of their general obligation bonds  
            could be diverted by the bankruptcy court reducing or  
            suspending payments to the bondholders.  In the case of school  
            districts with less financial stability, it can result in a  
            lower rating on the bond issuance which results in taxpayers  
            paying more for improvements to their schools than their  
            counterparts in districts with more financial stability, even  
            though the risk is the same.  


            "[This bill] clarifies that the statutory liens protect GO  
            bonds thus eliminating the risk of non-repayment.  In the  
            event credit ratings were improved, it could result in savings  
            to a school district, community college district, or local  
            government."  


          5)Policy Consideration.  Supporters of the bill contend that  
            current practice among bond rating agencies is to analyze the  
            financial strength of the issuing local agency as opposed to  
            the actual security for repayment of the GO bond debt, the  
            property tax base.  Proponents argue that this causes school  
            districts with less financial stability to get a lower rating  
            on bond issuance causing some districts to pay more for school  
            improvements than other districts with greater financial  
            stability.  While equity is a good public policy goal, the  
            Committee may wish to consider if this bill will achieve that  
            equity and if bond rating agencies will still analyze the  
            overall financial strength of a local agency despite the  








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            pledged security of a statutory lien on the revenue that will  
            be used to repay the bond debt.  


          6)Arguments in Support.  Supporters argue that this bill  
            clarifies existing law to secure 


          GO bonds by way of a statutory lien on the taxes collected for  
            their repayment.  By clarifying in statute that these are  
            statutory liens, it would reduce bankruptcy risks on GO bonds  
            and local agencies would potentially benefit from higher  
            credit ratings, improved interest rates, and savings to their  
            bond costs.  
          7)Arguments in Opposition.  None on file.


          REGISTERED SUPPORT / OPPOSITION:




          Support                              Opposition


          California Association of School Business OfficialsNone on file


          California School Boards Association


          California Public Securities Association


          Coalition for Adequate School Housing


          Lemon Grove School District









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          Los Angeles Unified School District


          Riverside County Superintendent of Schools


          Santee School District


          San Diego Unified School District


          San Marcos Unified School District


          Vista Unified School District







          Analysis Prepared by:Misa Lennox / L. GOV. / (916)  
          319-3958