BILL ANALYSIS                                                                                                                                                                                                    �



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          ASSEMBLY THIRD READING
          AB 506 (Wieckowski)
          As Amended  May 27, 2011
          Majority vote 

           LOCAL GOVERNMENT    5-3         APPROPRIATIONS      12-5        
           
           ----------------------------------------------------------------- 
          |Ayes:|Alejo, Bradford, Campos,  |Ayes:|Fuentes, Blumenfield,     |
          |     |Davis, Hueso              |     |Bradford, Charles         |
          |     |                          |     |Calderon, Campos, Davis,  |
          |     |                          |     |Gatto, Hall, Hill, Lara,  |
          |     |                          |     |Mitchell, Solorio         |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Smyth, Knight, Norby      |Nays:|Harkey, Donnelly,         |
          |     |                          |     |Nielsen, Norby, Wagner    |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Prohibits a local public entity from exercising powers 
          pursuant to applicable federal bankruptcy law unless the local 
          public entity has participated in a neutral evaluation process, 
          as specified, and certain criteria have been met through that 
          process.  Specifically,  this bill  :  

          1)Prohibits a local public entity, as defined, from filing a 
            petition and exercising powers applicable to federal 
            bankruptcy law unless the local public entity has participated 
            in a neutral evaluation process and received a good faith 
            certification from the neutral evaluator, and requires one of 
            the following to apply:

             a)   The local public entity has reached an out-of-court 
               agreement with all interested parties regarding a plan of 
               adjustment pursuant to provisions of this bill; 

             b)   The local public entity and the interested parties were 
               unable to reach an out-of-court agreement and the neutral 
               evaluator has certified in writing that the parties have 
               participated in the neutral evaluation process in good 
               faith pursuant to provisions of this bill; or,

             c)   The local public entity initiated the neutral evaluation 
               process and interested parties did not participate in the 








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               neutral evaluation process as specified in provisions of 
               this bill, and has disclosed documents arising from the 
               neutral evaluation process as specified.

          2)Prohibits the local public entity from filing a petition and 
            exercising powers under 1) above 
          if the neutral evaluator determines a local entity has failed to 
            participate in the neutral evaluation process in good faith.

          3)Specifies that a failure to participate in good faith 
            includes, but is not limited to, the failure to provide 
            accurate and essential financial information, the failure to 
            attempt to reach settlement with all interested parties to 
            avert bankruptcy, or evidence of manipulation to delay and 
            obstruct a timely agreement.

          4)Provides that the California Debt and Investment Advisory 
            Commission (CDIAC), when requested by a local public entity or 
            a neutral evaluator, shall serve as a neutral third party to 
            provide technical assistance in any neutral evaluation process 
            conducted pursuant to provisions of the bill.


          5)Allows a local public entity to initiate the neutral 
            evaluation process and provides that a neutral evaluator shall 
            oversee the neutral evaluation process and shall facilitate 
            all of the following requirements:

             a)   The local public entity shall make complete disclosure 
               of all documentation necessary to clearly demonstrate 
               whether the local public entity is solvent, including, but 
               not limited to, financial reports, expenditures, assets, 
               and any other relevant documentation; 

             b)   The local public entity and any interested party shall 
               make present information to each other, which shall 
               include, but is not limited to, the status of funds of the 
               local public agency that clearly distinguishes between 
               general funds and special funds; 

             c)   The local public entity and any interested party shall 
               present its proposed plan of readjustment; and,

             d)   The local public entity and any interested party shall 








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               negotiate in good faith.

          6)Provides that the neutral evaluation process shall be 
            confidential and is subject to specified provisions contained 
            in the Evidence Code. 

          7)Allows a local public entity to initiate a neutral evaluation 
            process when the local public entity is or is likely to become 
            unable to meet its financial obligations when those 
            obligations are due or become due and owing.

          8)Provides that the neutral evaluation process will be conducted 
            through an alternative dispute resolution program within the 
            state and in accordance with provisions of the bill.

          9)Provides that the role of the neutral evaluator shall be to 
            assist all interested parties in reaching an equitable 
            settlement to avert a Chapter 9 filing.

          10)Provides that the neutral evaluator may consult with 
            alternate dispute resolution service providers, CDIAC, the 
            Executive Office for U.S. Trustees, retired bankruptcy judges, 
            or other appropriate entities in establishing and 
            administering the neutral evaluation regarding issues that are 
            not confidential.

          11)Requires a neutral evaluator to meet all of the following 
            qualifications:

             a)   At least 10 years of high level business or legal 
               practice involving bankruptcy;

             b)   Experience and training in conflict resolution and 
               alternative dispute resolution; and,

             c)   Completion of a mandatory training program in municipal 
               organization, municipal debt restructuring, Chapter 9 
               bankruptcy, public finance, taxation, California 
               constitutional law, California labor law, federal labor 
               law, and municipal finance dispute resolution, provided 
               through an alternative dispute resolution program within 
               the state.

          12)States that the neutral evaluator shall be impartial, 








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            objective, independent, and free from prejudice, and shall not 
            act with partiality or prejudice based on any participant's 
            personal characteristic, background, values or beliefs, or 
            performance during the neutral evaluation process.

          13)Requires the neutral evaluator to avoid a conflict of 
            interest or the appearance of a conflict of interest during 
            and after a neutral evaluation and requires the neutral 
            evaluator to make a reasonable inquiry to determine whether 
            there are any facts that a reasonable individual would 
            consider likely to create a potential or actual conflict of 
            interest.

          14)Requires, prior to neutral evaluation, that the neutral 
            evaluator shall not establish another relationship with any of 
            the parties in a manner that would raise questions about the 
            integrity of the neutral evaluation, except that the neutral 
            evaluator may conduct further neutral evaluations regarding 
            other potential local public entities that may involve some of 
            the same or similar constituents to a prior neutral 
            evaluation.

          15)Requires the neutral evaluator to conduct the neutral 
            evaluation in a manner that promotes voluntary, uncoerced 
            decisionmaking in which each party makes free and informed 
            choices regarding the process and outcome.

          16)Prohibits the neutral evaluator from imposing a settlement on 
            the parties and requires the neutral evaluator to use his or 
            her best efforts to assist the parties to reach a satisfactory 
            resolution of their disputes.

          17)Allows, subject to the discretion of the neutral evaluator, 
            the neutral evaluator may make oral or written recommendations 
            for settlement or plan of readjustment to a party privately or 
            to all parties jointly.


          18)Specifies that the neutral evaluator has a duty to instruct 
            and inform the local public entity and all parties of the 
            limitations of Chapter 9 relative to other chapters of the 
            bankruptcy codes and requires that this instruction highlight 
            the limited authority of United States bankruptcy judges in 
            Chapter 9 such as the lack of flexibility available to judges 








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            to reduce or cram down debt repayments and similar efforts not 
            available to reorganize the operations of the city, that may 
            be available to a corporate entity.


          19)Requires the neutral evaluator to request from the parties 
            documentation and other information that the neutral evaluator 
            believes may be helpful in assisting the parties to address 
            the obligations between them.


          20)Allows, in the event a complete settlement of all or some 
            issues in dispute is not achieved within the scheduled neutral 
            evaluation session or sessions, the neutral evaluator, at the 
            neutral evaluator's discretion, to continue to communicate 
            with the parties in an ongoing effort to facilitate a complete 
            settlement in order to avoid a Chapter 9 filing.


          21)Requires the neutral evaluator to provide counsel and 
            guidance to all parties and specifies that the neutral 
            evaluator shall not be a legal representative of any party and 
            shall not have a fiduciary duty to any party.


          22)Allows, in the event of a settlement with all interested 
            parties, the neutral evaluator to assist the parties in 
            negotiating a prepetition, preagreed plan of readjustment in 
            connection with a potential Chapter 9 filing.


          23)Requires the neutral evaluator to maintain the 
            confidentiality of all the information obtained by the neutral 
            evaluator in the neutral evaluation process, unless otherwise 
            agreed to by the parties.

          24)Requires parties to exchange all documents including current 
            financial information and projections addressing future 
            financial obligations affecting the local public entity or 
            that may hinder a resolution of the issues before the neutral 
            evaluator, and allows the neutral evaluator to request the 
            submission or exchange of memoranda on issues, including the 
            underlying interests, and the history of the parties' prior 
            negotiations.








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          25)Allows information that a party wishes to keep confidential 
            to be sent to the neutral evaluator in a separate 
            communication clearly marked "CONFIDENTIAL."

          26)Requires each interested party to provide at least one 
            representative to attend all neutral evaluation conferences, 
            and states that each party's representative shall have 
            authority to settle and resolve disputes or shall be in a 
            position to present any proposed settlement or plan of 
            readjustment to the governing body or membership for approval 
            and implementation.

          27)Requires the local public entity to provide a representative 
            who shall represent the local public entity's interest in the 
            neutral evaluation and who shall be in a position to propose 
            any settlement or plan of readjustment to the governing body 
            of the local public entity.

          28)Allows an interested party to be represented by legal 
            counsel, but must inform all parties of the representation.

          29)Requires the parties to maintain the confidentiality of the 
            neutral evaluation process and prohibits the parties from 
            disclosing statements made, information disclosed, or 
            documents prepared or produced during the neutral evaluation 
            process as specified in provisions of the Evidence Code 
            related to mediation, unless all parties consent in writing to 
            the disclosure.

          30)Requires the neutral evaluation process to end if any of the 
            following occur:

             a)   The parties execute an agreement of settlement;

             b)   The parties reach an agreement or proposed plan of 
               readjustment that requires the approval of a bankruptcy 
               judge;

             c)   The neutral evaluator certifies in writing that one or 
               more of the parties has not participated in good faith, 
               that no resolution has been reached, and that further 
               efforts at the neutral evaluation process would not 
               contribute a resolution of the parties' dispute;








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             d)   The neutral evaluator certifies in writing that the 
               parties have participated in good faith but the parties 
               have reached an impasse and further efforts at the neutral 
               evaluation process would not contribute to a resolution of 
               disputes; or,

             e)   The neutral evaluator certifies in writing that a 
               neutral evaluation was initiated by the local public 
               entity, but that no interested parties participated.

          31)Adds a new section that defines terms related to provisions 
            of the bill.

          32)States that the Legislature finds and declares that certain 
            sections contained in the bill impose a limitation on the 
            public's right of access to the meetings of public bodies or 
            the writings of public officials and agencies pursuant to the 
            California Constitution Article I, Section 3 and provides that 
            the reason to demonstrate the interest protected by this 
            limitation and the need for protecting that interest is to 
            facilitate the process to avoid municipal bankruptcy; 
            therefore, it is necessary to provide for secure documents.

          33)Makes other legislative findings and declarations.

           EXISTING LAW  :
           
           1)Allows a local public entity in California to file a petition 
            and exercise powers pursuant to applicable federal bankruptcy 
            law, without any statewide approval or pre-conditions.

          2)Defines a "local public entity" as a county, city, district, 
            public authority, public agency, or other entity, without 
            limitation, that is a municipality as defined in paragraph 
            (40) of Section 101 of Title 11 of the United States Code, or 
            that qualifies as a debtor under any other federal bankruptcy 
            law applicable to local public entities.

          3)Allows a legislative body authorized to conduct a proceeding 
            pursuant to this chapter (Government Code Section 59125) to 
            file a petition and exercise powers under applicable federal 
            bankruptcy law as provided by Section 53760.









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          4)Defines the term "municipality" as a political subdivision or 
            public agency or instrumentality of a state, in federal law 
            (11 U.S.C. � 101 (40)).

          5)Allows the Superintendent of Public Instruction to assume 
            control of a school district that becomes insolvent to ensure 
            the district's return to fiscal solvency.
               
           FISCAL EFFECT  :  According to the Assembly Appropriations 
          Committee:

          1)Costs to the California Debt and Investment Advisory 
            Commission of approximately $100,000 to develop program 
            guidelines, develop qualifications for neutral evaluators and 
            carry out other duties related to the neutral evaluation 
            process.

          2)State exposure to legal challenges and related fiscal 
            pressures, potentially in the hundreds of millions of dollars.

           COMMENTS  :

           MUNICIPAL BANKRUPTCY UNDER FEDERAL LAW
           
          1)The list of eligibility requirements for a "municipal debtor" 
            in federal law under chapter 9 is contained in 11 U.S.C � 
            Section 109(c) and specifies the following:

            First, an entity may be a debtor under Chapter 9 only if such 
          entity:

             a)   Is a municipality;

             b)   Is specifically authorized, in its capacity as a 
               municipality or by name, to be a debtor under such chapter 
               by state law, or by a governmental officer or organization 
               empowered by state law to authorize such entity to be a 
               debtor;

             c)   Is insolvent;

             d)   Desires to effect a plan to adjust such debts; and,

             e)   Has obtained the agreement of creditors holding at least 








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               a majority in amount of the claims of each class that such 
               entity intends to impair under a plan in case under such 
               chapter:

               i)     Has negotiated in good faith with creditors and it 
                 has obtained the agreement of creditors holding at least 
                 a majority in amount of the claims of each class that the 
                 municipality intends to impair under a plan of adjustment 
                 of claims;

               ii)    Is unable to negotiate with creditors because such 
                 negotiation is impracticable; or,

               iii)   Reasonably believes that a creditor may attempt to 
                 obtain a transfer that is avoidable under section 547 of 
                 this title.

            A municipality must meet all of these conditions for the 
            bankruptcy petition to be accepted by the court.

          1)According to the U.S. Courts, "the purpose of Chapter 9 is to 
            provide a financially-distressed municipality protection from 
            its creditors while it develops and negotiates a plan for 
            adjusting its debts.  Reorganization of the debts of a 
            municipality is typically accomplished either by extending 
            debt maturities, reducing the amount of principal or interest, 
            or refinancing the debt by obtaining a new loan."

            Chapter 9 provides a municipal debtor with two primary 
            benefits:  a) a breathing spell with the automatic stay; and, 
            b) the power to readjust debts through a bankruptcy plan 
            process. The process enables municipalities to continue to 
            provide essential public services while allowing them to 
            adjust their debts.

          2)Federal law regarding municipal bankruptcy rose out of the 
            financial crises of the 1930s. 
          Chapter 9 federal law was created in 1934 and after several 
            revisions, was made a permanent part of the Bankruptcy Act in 
            1946, and incorporated into the new Bankruptcy Code in 1978.  
            In 1994, Congress amended the Bankruptcy Code to require that 
            municipalities be "specifically authorized" under state law to 
            file a petition under chapter 9 - this was an express 
            invitation to the states to revisit the types of local 








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            agencies that could seek federal relief.  SB 1323 (Ackerman), 
            Chapter 94, Statutes of 2002, sponsored by the California Law 
            Revision Commission (CLRC), accomplished this by bringing 
            state law in line with the "specific authorization" as 
            required under federal law.
           CALIFORNIA'S RESPONSE TO CHAPTER 9  
           
           3)In response to the federal creation of Chapter 9, the 
            California Legislature enacted bankruptcy authorization for 
            municipalities in 1934.  The general state statutes 
            authorizing bankruptcy filings by local governments were 
            codified in 1949 and those provisions were not amended until 
            SB 1323 (Ackerman) became law in 2002.

            There were several attempts in the 1990s to streamline 
            California law with federal law requiring specific 
            authorization:

             a)   SB 1274 (Killea) of 1995 and AB 2 X2 (Caldera) of 1995 
               would have granted the broadest authority permissible under 
               federal law by adopting the federal definition of 
               "municipality;"

             b)   AB 29 X 2(Archie-Hudson) of 1995 would have provided 
               authority for a municipality as defined by federal law to 
               file "with specific statutory approval of the Legislature" 
               and required the plan for adjustment of debts under 
               Bankruptcy Code Section 941 to be "submitted to the 
               appropriate policy committees of the Legislature prior to 
               being submitted to the United States Bankruptcy Code;" and,

             c)   SB 349 (Kopp) of 1995 would have modernized the obsolete 
               references and adopted the "municipality" definition 
               language in federal law.  The bill would have established a 
               Local Agency Bankruptcy Committee to determine whether to 
               permit a municipality to file a Chapter 9 petition, and the 
               Committee would have contained the State Treasurer, State 
               Controller and Director of the Department of Finance.  The 
               bill passed the Legislature, but was vetoed by 
               then-Governor Wilson.

            These bills were introduced mainly in response to the Orange 
            County bankruptcy filing in 1994.  According to a study done 
            by the Public Policy Institute of California on the Orange 








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            County bankruptcy, "the financial difficulties leading to the 
            bankruptcy were the direct result of an enormous gamble with 
            public funds taken by a county treasurer who was seriously 
            under-qualified to deal in the kinds of investments he chose." 
             At that time, Orange County and its investment pool - which 
            suffered nearly $1.7 billion in investment losses - filed for 
            bankruptcy protection on December 6 in two separate cases.  
            The bankruptcy judge ruled that only the County, and not the 
            investment pool, could file for bankruptcy.

            The California Law Revision Commission (CLRC) studied 
            California's municipal bankruptcy statute and released their 
            report in 2001.  CLRC recommended that the Legislature revise 
            the state law to conform to the federal provisions and what 
            resulted was SB 1323 by Senator Ackerman.  However, the CLRC's 
            report only suggested that California law be updated to 
            provide explicit authority for municipalities, per the federal 
            statute requiring states to have explicit authorization.  The 
            report did not recommend any other substantive policy changes 
            or pre-conditions, or "gate-keeping" in order to access the 
            federal bankruptcy process, and instead, the report noted that 
            "there does not appear to be any general agreement on the best 
            approach to reform, or even as to the need for additional 
                                     protections or controls."

            The California State Legislature has a long history, dating 
            back to the Orange County bankruptcy filing in 1994, of 
            debating access to federal municipal bankruptcy laws every few 
            years (see Comments under 3) and 4) above, and ultimately in 
            2002, made the decision to seek the broadest authority for 
            municipal bankruptcies that exists under federal law.

          4)Currently, California state law authorizes federal bankruptcy 
            filing by a "local public entity" - "a county, city, district, 
            public authority, public agency, or other entity, without 
            limitation, that is a municipality as defined in paragraph 
            (40) of Section 101 of Title 11 of the United States Code, or 
            that qualifies as a debtor under any other federal bankruptcy 
            law applicable to local public entities".  As referenced, 
            federal law defines "municipality" as a political subdivision 
            or public agency or instrumentality of a state (11 U.S.C. � 
            101 (40)).  However, the California Law Revision Commission 
            notes that the definitions in state and federal law create 
            some ambiguity as to what exactly falls under the definition 








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            of "municipality" and can therefore seek financial relief 
            through the Chapter 9 bankruptcy process.

            There is some debate about how broad the definition of 
            "municipality" and "local public entity" is - it may be that 
            the definition includes anything from library districts, 
            parking districts, public cemetery districts, community 
            service districts and the like.  The Legislature may wish to 
            discuss whether there is a legitimate statewide interest in 
            preventing these small local government entities from filing 
            for bankruptcy.

           BANKRUPTCY PRACTICES IN OTHER STATES 

          5)The 10th amendment to the United States Constitution says that 
             "the powers not delegated to the United States by the 
            Constitution, nor prohibited by it to the states, are reserved 
            to the states respectively, or to the people," otherwise known 
            as the sovereign rights of the states.  In the context of 
            municipal bankruptcy filing, it is up to each state to decide 
            whether to empower its municipalities to utilize federal 
            bankruptcy laws.

            Other states approach authorization for municipalities in 
            various ways - some explicitly authorize municipalities and 
            provide unlimited access, or explicitly authorize certain 
            types of municipalities, some states are silent, one state 
            expressly prohibits municipalities from filing, and yet others 
            have their own state pre-conditions, processes or 
            "gate-keeping" requirements.

            Those states comparable to California in terms of population, 
            like Texas and Florida, provide explicit authorization for 
            municipalities in their state statutes.  The state of New York 
            allows a municipality or its emergency financial control board 
            to file any petition within any United States district court 
            or court of bankruptcy and explicitly notes in the statute 
            that "nothing contained in this title shall be construed to 
            limit the authorization granted by this section �for 
            municipalities to file a petition under federal bankruptcy 
            law]."
           
          RECENT LEGISLATION
           








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          6)The Legislature saw two municipal bankruptcy bills in the 
            2009-10 legislative session, 
          AB 155 (Mendoza) and SB 88 (DeSaulnier) Chapter 304, Statutes of 
            2000 following on the heels of the City of Vallejo bankruptcy 
            filing in May of 2008.  Both bills would have prohibited a 
            local public entity from exercising its rights under 
            applicable federal bankruptcy law unless granted approval by 
            CDIAC, and would have specified procedures in which the local 
            public entity could override a decision of denial by CDIAC.  
            AB 155 died on the Senate Third Reading File and SB 88 was 
            chaptered but no longer included provisions relating to 
            municipal bankruptcy.

          7)For both AB 155 and SB 88, the authors argued that a municipal 
            bankruptcy filing has repercussions in terms of credit rating 
            and spillover effects that will raise borrowing costs for 
            other California municipalities and the state.  Arguably, a 
            municipal bankruptcy, depending on the size of the entity, 
            could potentially affect other local agencies and the state as 
            a whole.  
           
          PROPOSED LAW  
           
           8)AB 506 (Wieckowski) places conditions on how and when a 
            municipality could seek Chapter 9 relief under federal 
            bankruptcy law.  Current law authorizes municipalities to file 
            a petition under the federal bankruptcy process without any 
            prior state approval or pre-conditions to filing.  Instead of 
            full and unfettered access, this bill requires a local 
            government go through a neutral evaluation process first, and 
            then that local government can only file a petition for 
            Chapter 9 if certain conditions are met.  First, the local 
            public entity would need to participate in the neutral process 
            and receive a good faith certification from the neutral 
            evaluator.  Second, the local public entity would need to have 
            one of the following happen:  a) reach an out-of-court 
            agreement with all interested parties regarding a plan of 
            adjustment; b) be unable to reach an out-of-court agreement 
            but have the neutral evaluator certify that all parties acted 
            in good faith; or, c) the local public entity would need to 
            initiate the neutral evaluation process but have interested 
            parties not participate in the neutral evaluation.

            The bill also prohibits a local public entity from filing a 








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            petition for Chapter 9 if the neutral evaluator determines 
            that a local entity has failed to participate in the neutral 
            evaluation process in good faith.  The bill defines the 
            failure to participate in good faith to include, but not be 
            limited to, the failure to provide accurate and essential 
            financial information, the failure to attempt to reach 
            settlement with all interested parties to avert bankruptcy, or 
            evidence of manipulation to delay and obstruct a timely 
            agreement.

            The provisions of the bill allow a local public entity to 
            initiate the neutral evaluation process when the local public 
            entity is or is likely to become unable to meet its financial 
            obligations.  The bill provides that the neutral evaluation 
            must be conducted through an alternative dispute resolution 
            program within the state and in accordance with the provisions 
            of the bill that allow CDIAC to serve as a neutral third party 
            and provide technical assistance in any neutral evaluation 
            process.

          9)The author argues that the state has a vested interest in 
            protecting taxpayers from the effects of an ill-advised 
            bankruptcy and believes that this bill will help local public 
            entities and elected officials make the most responsible 
            decisions for the communities they represent.  Additionally, 
            the author notes that "in the absence of clear standards or 
            oversight, local elected officials considering bankruptcy and 
            the communities impacted by such a bankruptcy have little 
            guidance about whether �the bankruptcy] is merited or 
            necessary."  The author argues that under current law, there 
            is nothing to prevent a frivolous bankruptcy petition or one 
            that is politically motivated. 

          10)In order for a bankruptcy petition to be accepted by the 
            court for a Chapter 9 filing, certain conditions must be met 
            by the local public entity (see Comment 1) above).  The local 
            public entity must be insolvent, have the desire to effect a 
            plan to adjust debts, and must attempt to negotiate in good 
            faith with creditors, as long as such negotiation is not 
            impracticable.  In situations where the local public entity 
            has not met these conditions, the court can reject the 
            bankruptcy petition.

            The Legislature may wish to consider whether the bill's 








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            neutral evaluation process is duplicative of what is already 
            required for local governments before they can file a 
            bankruptcy petition for Chapter 9 protection.

          11)This bill treats all forms of local governments - cities, 
            counties, and special districts - the same, even though there 
            is wide variation among these entities and how they are 
            funded, the services they provide, and the different ways that 
            they function and are governed.  

            According to the Urban Counties Caucus (UCC), in opposition to 
            the bill, counties provide many mandated programs on behalf of 
            the state or federal government.  UCC raises the point that 
            counties often have fiscal issues related to payment deferrals 
            or a lack of payments from the state or federal government.  
            In a situation where there is a court case, run on the bank, 
            or decreased payments from the state or federal government, 
            the provisions of the bill do not allow for the types of 
            emergency situations that could occur for counties.

            According to the California Special Districts Association 
            (CSDA) and the Association of California Healthcare Districts 
            (ACHD), in opposition, special districts have never entered 
            Chapter 9 because of a disputed labor contract.  Rather, 
            certain types of special districts, like healthcare districts, 
            have typically used Chapter 9 because of low Medi-Cal 
            reimbursements or a court judgment that the district could not 
            afford.  In these situations, going through an evaluation 
            process does not make sense and prohibits districts from being 
            granted the automatic stay protection under Chapter 9.

            The Legislature may wish to consider whether these types of 
            situations for local governments warrant the inclusion of 
            emergency process provisions in the bill to allow local 
            governments to have access to the automatic stay of protection 
            under Chapter 9 in cases where the neutral evaluation process 
            will have little to no impact.
             
          12)As noted in Governor Wilson's veto of SB 349 (Kopp) of 1996, 
            state interference in municipal bankruptcy "could raise 
            questions of the liability of the state to creditors of the 
            public agency if eligibility for bankruptcy is denied.  State 
            denial of access to Chapter 9 may create the implication that 
            the state has assumed responsibility for the debts of the 








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            distressed municipality."  The Legislature may wish to 
            consider whether this bill creates some sort of unintended 
            state liability.  

          13)The California Professional Firefighters, writes that the 
            "2008 bankruptcy filing by the City of Vallejo has only 
            serviced to further devastate a struggling community, 
            including local businesses that were already feeling the 
            adverse impact of a stagnant economy."  As well, "Upon 
            �Vallejo's bankruptcy filing] the city's bond interest rates 
            converted to their maximums and the city's filing claimed a 
            deficit of approximately $12 million, and Vallejo's litigation 
            costs have escalated to over $9.5 million, thereby further 
            encumbering an already dried-up general fund budget."

          14)Support arguments:  According to the California Labor 
            Federation, in support, "in the absence of clear standards or 
            oversight, local elected officials considering bankruptcy and 
            the communities impacted by such a bankruptcy have little 
            guidance about whether it is merited or necessary."  
            Additionally, "the state has a vested interest in protecting 
            taxpayers from the effects of an ill-advised bankruptcy, and 
            all major creditors, workers, retirees, and investors have a 
            stake in reaching a fair resolution without resorting to 
            bankruptcy, as do local elected officials."

            Opposition arguments:  The California Chamber of Commerce, in 
            opposition, writes that the "business community's concern is 
            three-fold:  Debts and contracts remain unpaid as the local 
            government entity simply will not function or is dissolved; 
            the local entity will raise fees, assessments and taxes on the 
            community's residents and businesses at a time when jobs need 
            to be created and the economy stimulated; the state - already 
            facing a cash crisis and budget deficit - steps in to take 
            over the provision of services, putting further strain on the 
            budget that other Californians and businesses will have to pay 
            for."

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

                                                                FN: 0001135









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