BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 192
                                                                  Page  1

          SENATE THIRD READING
          SB 192 (Governance and Finance Committee)
          As Amended  August 16, 2012
          Majority vote

           SENATE VOTE  :36-0  
           
           LOCAL GOVERNMENT    8-1                                         
           
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          |Ayes:|Smyth, Alejo, Bradford,   |     |                          |
          |     |Campos, Davis, Gordon,    |     |                          |
          |     |Hueso, Norby              |     |                          |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Knight                    |     |                          |
          |     |                          |     |                          |
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           SUMMARY  :  Enacts the Validating Act of 2012, which would 
          validate the organization, boundaries, acts, proceedings, and 
          bonds of the state government, counties, cities, special 
          districts, school districts, and other public bodies, excluding 
          redevelopment agencies.

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

           FISCAL EFFECT  :  None

           COMMENTS  :  According to the Senate Governance and Finance 
          Committee, the Legislature has adopted Validating Acts for over 
          70 years that retroactively fix public officials' inadvertent 
          procedural errors or omissions.  The annual bills have affected 
          the state government as well as counties, cities, special 
          districts, school districts, and other agencies.

          The Validating Acts are intended to save taxpayers' money.  Such 
          bills allow bond counsel to issue stronger legal opinions on the 
          health of the local agency, which result in higher credit 
          ratings.  Higher credit ratings result in lower interest rates, 
          leading to lower borrowing costs for the local agencies 
          themselves.  Lower borrowing costs in turn save money for state 








                                                                  SB 192
                                                                  Page  2

          and local taxpayers.  The Validating Acts cannot be used to 
          forgive fraud, corruption, or unconstitutional actions.

          It has been customary practice for members of the former Senate 
          Local Government Committee to jointly author annual Validating 
          Acts.  Following this established tradition, the Senate 
          Governance and Finance Committee is authoring this year's 
          Validating Act.   

          Support arguments:  Supporters argue that the annual Validating 
          Acts are a cost effective way of correcting inadvertent 
          procedural errors or omissions of the state and local 
          governments without having to have thousands of entities go to 
          the superior court to get their actions validated. 

          Opposition arguments:  None on file. 


           Analysis Prepared by  :    Hank Dempsey / L. GOV. / (916) 
          319-3958FN: 0004750