BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 971


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          Date of Hearing:  May 4, 2016


                       ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT


                           Susan Talamantes Eggman, Chair


          SB  
          971 (Committee on Governance and Finance) - As Introduced  
          February 8, 2016


          SENATE VOTE:  38-0


          SUBJECT:  Validations.


          SUMMARY:  Validates the organization, boundaries, acts,  
          proceedings, and bonds of the state government, counties,  
          cities, special districts and school districts, among other  
          public bodies. 


          EXISTING LAW allows agencies to make changes to the  
          organization, boundaries, acts, proceedings, and bonds of the  
          state, cities, counties, special districts, school districts,  
          and other local agencies.


          FISCAL EFFECT:  None


          COMMENTS:  


          1)Bill Summary and Background on Validating Acts.  The annual  








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            Validating Acts protect investors from the chance that a minor  
            error might undermine the legal integrity of a public agency's  
            bond.  Banks, pension funds, and other investors will not buy  
            public agencies' securities, unless they are sound  
            investments.  Investors rely on legal opinions from bond  
            counsels to assure the bonds' credit worthiness.  Without  
            legislative action to cure technical errors, bond counsels are  
            reluctant to certify bonds as good credit risks.  SB 971 gives  
            legislative protection to public agencies and private  
            investors.

            The three Validating Acts cure typographical, grammatical, and  
            procedural errors.  They do not forgive fraud, corruption, or  
            unconstitutional acts.  A local official who makes a technical  
            error will find reassurance in the Validating Acts, while a  
            corrupt official faces prosecution regardless of the Acts.

            By insulating state and local bonds against harmless errors,  
            the Validating Acts save taxpayers' money.  Strong legal  
            opinions from bond counsels result in higher credit ratings  
            for state and local bonds.  Higher credit ratings allow state  
            and local officials to pay lower interest rates to private  
            investors.  Lower borrowing costs save money for taxpayers.

            Starting in the mid-1920s, the Legislature passed separate  
            validating acts for different types of bonds, several classes  
            of special districts, and various local boundary changes.  By  
            the late 1930s, the practice was to pass annual validating  
            acts (AB 2842, Bennett, 1939).  The current custom and  
            practice is to pass three Validating Acts that retroactively  
            cure public officials' mistakes.  The first two measures are  
            urgency bills that go into effect when they are chaptered.   
            The First Validating Act (SB 971) will probably reach Governor  
            Brown's desk this spring, validating errors made before the  
            date on which the bill is chaptered.  The Second Validating  
            Act (SB 972) will reach Governor Brown in August, validating  
            mistakes made after SB 971.  The Third Validating Act (SB 973)  
            will take effect on January 1, 2017, covering the period  
            between the chaptering of SB 972 and the end of 2016.








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          2)Urgency Clause.  This bill contains an urgency clause and  
            requires a two-thirds vote of each house.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          Alameda Local Agency Formation Commission


          American Federation of State, County and Municipal Employees  
          (AFSCME), AFL-CIO


          Association of California Healthcare Districts


          Association of California Water Agencies


          California Association of Local Agency Formation Commissions  
          (CALAFCO)


          California Special Districts Association


          California State Association of Counties


          California State Treasurer John Chiang








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          Contra Costa Local Agency Formation Commission


          East Bay Municipal Utility District


          Imperial Local Agency Formation Commission


          Local Agency Formation Commission of Napa County


          Local Agency Formation Commission of Yolo County


          Rural County Representatives of California (RCRC)


          San Mateo Local Agency Formation Commission


          Urban Counties of California (UCC)




          Opposition


          None on file




          Analysis Prepared by:Debbie Michel / L. GOV. / (916)  
          319-3958









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