SB 973, as introduced, Committee on Governance and Finance. Validations.
This bill would enact the Third Validating Act of 2016, which would validate the organization, boundaries, acts, proceedings, and bonds of the state and counties, cities, and specified districts, agencies, and entities.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
This act shall be known, and may be cited, as the
2Third Validating Act of 2016.
As used in this act:
4(a) “Public body” means all of the following:
5(1) The state and all departments, agencies, boards,
6commissions, and authorities of the state. Except as provided in
7paragraph (2), “public body” also means all cities, counties, cities
8and counties, districts, authorities, agencies, boards, commissions,
P2 1and other entities, whether created by a general statute or a special
2act, including, but not limited to, the following:
3Agencies, boards, commissions, or entities constituted or
4provided for under or pursuant to the Joint Exercise of Powers Act
5(Chapter 5 (commencing with Section 6500) of Division 7 of Title
61 of
the Government Code).
7Air pollution control districts of any kind.
8Air quality management districts.
9Airport districts.
10Assessment districts, benefit assessment districts, and special
11assessment districts of any public body.
12Bridge and highway districts.
13California water districts.
14Citrus pest control districts.
15City maintenance districts.
16Community college districts.
17Community development commissions in their capacity to act
18as a housing authority for other community development purposes
19of the jurisdiction in which the commission operates, except for
20any action taken with respect to
the commission’s authority to act
21as a community redevelopment agency.
22Community facilities districts.
23Community rehabilitation districts.
24Community revitalization and investment authorities.
25Community services districts.
26Conservancy districts.
27Cotton pest abatement districts.
28County boards of education.
29County drainage districts.
30County flood control and water districts.
31County free library systems.
32County maintenance districts.
33County sanitation districts.
34County service areas.
35County transportation commissions.
36County water agencies.
37County water authorities.
38County water districts.
39County 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.
6Enhanced infrastructure financing districts.
7Fire protection districts.
8Flood control and water conservation districts.
9Flood control districts.
10Garbage and refuse disposal districts.
11Garbage disposal districts.
12Geologic hazard abatement districts.
13Harbor districts.
14Harbor improvement districts.
15Harbor, recreation, and conservation districts.
16Health care authorities.
17Highway districts.
18Highway interchange districts.
19Highway lighting districts.
20Housing authorities.
21Improvement districts or improvement areas of any public body.
22Industrial development authorities.
23Infrastructure financing districts.
24Integrated financing districts.
25Irrigation districts.
26Joint highway districts.
27Levee districts.
28Library districts.
29Library districts in unincorporated towns and villages.
30Local agency formation commissions.
31Local health care districts.
32Local health districts.
33Local hospital districts.
34Local transportation authorities or commissions.
35Maintenance districts.
36Memorial districts.
37Metropolitan transportation commissions.
38Metropolitan water districts.
39Mosquito abatement and vector control districts.
40Multifamily improvement districts.
P4 1Municipal improvement districts.
2Municipal utility districts.
3Municipal water districts.
4Nonprofit corporations.
5Nonprofit public benefit corporations.
6Open-space maintenance districts.
7Parking and business improvement areas.
8Parking authorities.
9Parking districts.
10Permanent road divisions.
11Pest abatement districts.
12Police protection districts.
13Port districts.
14Property and business improvement areas.
15Protection districts.
16Public cemetery districts.
17Public utility districts.
18Rapid transit districts.
19Reclamation districts.
20Recreation and park districts.
21Regional justice facility financing agencies.
22Regional park and open-space districts.
23Regional planning districts.
24Regional transportation commissions.
25Resort improvement districts.
26Resource conservation districts.
27River port districts.
28Road maintenance districts.
29Sanitary districts.
30School districts of any kind or class.
31School facilities improvement districts.
32Separation of grade districts.
33Service authorities for freeway emergencies.
34Sewer districts.
35Sewer maintenance districts.
36Small craft harbor districts.
37Special municipal tax districts.
38Stone and pome fruit pest control districts.
39Storm drain maintenance districts.
40Storm drainage districts.
P5 1Storm drainage maintenance districts.
2Storm water districts.
3Toll tunnel authorities.
4Traffic authorities.
5Transit development boards.
6Transit districts.
7Unified and union school districts’ public libraries.
8Vehicle parking districts.
9Water agencies.
10Water authorities.
11Water conservation districts.
12Water districts.
13Water replenishment districts.
14Water storage districts.
15Watermaster districts.
16Wine grape pest and disease control districts.
17Zones, improvement zones, or service zones of any public body.
18(2) Notwithstanding paragraph (1), a “public body” does not
19include any of the following:
20(A) A community redevelopment agency formed pursuant to
21the Community Redevelopment Law (Part 1 (commencing with
22Section 33000) of Division 24 of the Health and Safety Code).
23(B) A
community development commission, with respect to its
24exercise of the powers of a community redevelopment agency.
25(C) A joint powers authority that includes a community
26redevelopment agency or a community development commission
27as a member, with respect to its exercise of the powers of a
28community redevelopment agency.
29(3) “Public body” includes both of the following:
30(A) The successor agency to the Redevelopment Agency of the
31City and County of San Francisco, solely for the purpose of issuing
32bonds or incurring other indebtedness pursuant to the provisions
33of Section 34177.7 of the Health and Safety Code.
34(B) A successor agency, as defined in subdivision (j) of Section
3534171 of the Health and Safety Code, solely for the purpose of
36issuing bonds or
incurring other indebtedness pursuant to the
37provisions of Section 34177.5 of the Health and Safety Code.
38(b) “Bonds” means all instruments evidencing an indebtedness
39of a public body incurred or to be incurred for any public purpose,
40all leases, installment purchase agreements, or similar agreements
P6 1wherein the obligor is one or more public bodies, all instruments
2evidencing the borrowing of money in anticipation of taxes,
3revenues, or other income of that body, all instruments payable
4from revenues or special funds of those public bodies, all
5certificates of participation evidencing interests in the leases,
6installment purchase agreements, or similar agreements, and all
7instruments funding, refunding, replacing, or amending any thereof
8or any indebtedness.
9(c) “Hereafter” means any time subsequent to the effective date
10of this act.
11(d) “Heretofore” means any time prior to the effective date of
12this act.
13(e) “Now” means the effective date of this act.
All public bodies heretofore organized or existing
15under any law, or under color of any law, are hereby declared to
16have been legally organized and to be legally functioning as those
17public bodies. Every public body, heretofore described, shall have
18all the rights, powers, and privileges, and be subject to all the duties
19and obligations, of those public bodies regularly formed pursuant
20to law.
The boundaries of every public body as heretofore
22established, defined, or recorded, or as heretofore actually shown
23on maps or plats used by the assessor, are hereby confirmed,
24validated, and declared legally established.
All acts and proceedings heretofore taken by any public
26body or bodies under any law, or under color of any law, for the
27annexation or inclusion of territory into those public bodies or for
28the annexation of those public bodies to any other public body or
29for the detachment, withdrawal, or exclusion of territory from any
30public body or for the consolidation, merger, or dissolution of any
31public bodies are hereby confirmed, validated, and declared legally
32effective. This shall include all acts and proceedings of the
33governing board of any public body and of any person, public
34officer, board, or agency heretofore done or taken upon the question
35of the annexation or inclusion or of the withdrawal or exclusion
36of territory or the consolidation, merger, or dissolution of those
37public
bodies.
(a) All acts and proceedings heretofore taken by or
39on behalf of any public body under any law, or under color of any
40law, for, or in connection with, the authorization, issuance, sale,
P7 1execution, delivery, or exchange of bonds of any public body for
2any public purpose are hereby authorized, confirmed, validated,
3and declared legally effective. This shall include all acts and
4proceedings of the governing board of public bodies and of any
5person, public officer, board, or agency heretofore done or taken
6upon the question of the authorization, issuance, sale, execution,
7delivery, or exchange of bonds.
8(b) All bonds of, or relating to, any public body heretofore issued
9shall be, in the form and manner issued and
delivered, the legal,
10valid, and binding obligations of the public body. All bonds of, or
11relating to, any public body heretofore awarded and sold to a
12purchaser and hereafter issued and delivered in accordance with
13the contract of sale and other proceedings for the award and sale
14shall be the legal, valid, and binding obligations of the public body.
15All bonds of, or relating to, any public body heretofore authorized
16to be issued by ordinance, resolution, order, or other action adopted
17or taken by or on behalf of the public body and hereafter issued
18and delivered in accordance with that authorization shall be the
19legal, valid, and binding obligations of the public body. All bonds
20of, or relating to, any public body heretofore authorized to be issued
21at an election and hereafter issued and delivered in accordance
22with that authorization shall be the legal, valid, and binding
23obligations of the public body. Whenever an election has heretofore
24been called for the purpose of submitting to the voters of any
public
25body the question of issuing bonds for any public purpose, those
26bonds, if hereafter authorized by the required vote and in
27accordance with the proceedings heretofore taken, and issued and
28delivered in accordance with that authorization, shall be the legal,
29valid, and binding obligations of the public body.
(a) This act shall operate to supply legislative
31authorization as may be necessary to authorize, confirm, and
32validate any acts and proceedings heretofore taken pursuant to
33authority the Legislature could have supplied or provided for in
34the law under which those acts or proceedings were taken.
35(b) This act shall be limited to the validation of acts and
36proceedings to the extent that the same can be effectuated under
37the California Constitution and the United States Constitution.
38(c) This act shall not operate to authorize, confirm, validate, or
39legalize any act, proceeding, or other matter being legally contested
40or inquired into in any legal proceeding
now pending and
P8 1undetermined or that is pending and undetermined during the
2period of 30 days from and after the effective date of this act.
3(d) This act shall not operate to authorize, confirm, validate, or
4legalize any act, proceeding, or other matter that has heretofore
5been determined in any legal proceeding to be illegal, void, or
6ineffective.
7(e) This act shall not operate to authorize, confirm, validate, or
8legalize a contract between any public body and the United States.
Any action or proceeding contesting the validity of
10any action or proceeding heretofore taken under any law, or under
11color of any law, for the formation, organization, or incorporation
12of any public body, or for any annexation thereto, detachment or
13exclusion therefrom, or other change of boundaries thereof, or for
14the consolidation, merger, or dissolution of any public bodies, or
15for, or in connection with, the authorization, issuance, sale,
16execution, delivery, or exchange of bonds thereof upon any ground
17involving any alleged defect or illegality not effectively validated
18by the prior provisions of this act and not otherwise barred by any
19statute of limitations or by laches shall be commenced within six
20months of the effective date of this act, otherwise each and all of
21those matters shall be held
to be valid and in every respect legal
22and incontestable. This act shall not extend the period allowed for
23legal action beyond the period that it would be barred by any
24presently existing valid statute of limitations.
Nothing contained in this act shall be construed to
26render the creation of any public body, or any change in the
27boundaries of any public body, effective for purposes of assessment
28or taxation unless the statement, together with the map or plat,
29required to be filed pursuant to Chapter 8 (commencing with
30Section 54900) of Part 1 of Division 2 of Title 5 of the Government
31Code, is filed within the time and substantially in the manner
32required by those sections.
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