BILL NUMBER: SB 2022	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Knight

                        FEBRUARY 20, 1998

   An act to add Section 23305 to the Government Code, relating to
counties.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 2022, as introduced, Knight.  High Desert County:  formation.
   (1) Existing law sets forth the provisions pursuant to which a new
county may be created, and generally requires that the proceedings
be initiated by petition signed by qualified electors residing within
the territory of the proposed county, the creation of a County
Formation Review Commission by the Governor to make specified
determinations in regard to the creation of the county, an election
on the creation of the proposed new county by the electorate of each
affected county, and various other procedures for transfers of
functions to the new county.
   This bill instead would provide that High Desert County, with
specified boundaries within the existing Counties of Kern, Los
Angeles, and San Bernardino, shall be created pursuant to its
provisions.  It would require the Governor to create a County
Formation Review Commission no later than May 1, 1999, to review the
creation of High Desert County pursuant to, and require the
commission to make the determinations required by, existing law.  It
would require a vote by the electorate of each affected county on the
creation of the county pursuant to existing law.  It would further
provide that, if the county's creation is approved by the electorate,
further matters related to the creation of the county shall be
governed by existing law.
   By requiring the affected counties to vote on and implement its
provisions, this bill would impose a state-mandated local program.
  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 23305 is added to the Government Code, to read:

   23305.  (a) (1) Notwithstanding Section 23300, High Desert County
shall be created pursuant to this section.
   (2) (A) The boundaries of High Desert County shall be as follows:

   The westernmost boundary shall begin at the intersection of
Interstate 5 and Highway 138 and proceed south on Interstate 5 until
it meets Highway 14 where it continues in a northerly direction until
it meets the northern edge of the Angeles National Forest at the
City of Newhall where it continues in an easterly direction until it
meets the northern edge of the San Bernardino National Forest where
it continues until it meets Highway 18 in San Bernardino County where
it continues in a northerly direction until it meets Highway 247
where it continues in a northerly direction until it meets Interstate
15 where it continues in an easterly direction until it meets
Interstate 40 where it continues in an easterly direction and
includes the city limits of Needles and where it continues in an
easterly direction until it meets the Arizona state line where it
continues in a northerly direction until it meets the Nevada state
line where it continues in a northerly direction until it meets the
current northern boundary of San Bernardino County where it continues
in a westerly direction until it meets the current northern boundary
of Kern County where it continues in a westerly direction until it
meets Highway 14 where it continues in a southerly direction until it
meets Highway 58 where it continues in a westerly direction along
the southern edge of the Tehachapi Mountains until it meets Highway
138 where it intersects with Interstate 5 or the place of beginning.

   (B) As used in this paragraph, the terms "northerly," "southerly,"
"easterly," or "westerly," when describing the direction of a
highway, shall be construed to refer not to true compass directions,
but rather to the general direction of the highway.
   (C) The boundary lines specified in this paragraph shall not be
construed to pass through or divide the territory of any school
district or incorporated city.  Any school district or incorporated
city whose territory would otherwise be divided by a boundary line
shall be wholly included within the new county.
   (b) The Governor shall create a County Formation Review Commission
no later than May 1, 1999, to review the creation of High Desert
County pursuant to, and the commission shall make the determinations
required by, Article 3 (commencing with Section 23331).
   (c) The electorate of each affected county shall vote on the
creation of the county pursuant to  Article 4 (commencing with
Section 23350).
   (d) If the county's creation is approved by the electorate,
further matters related to the creation of the county shall be
governed by Article 4.5 (commencing with Section 23374.1) to Article
7 (commencing with Section 23394), inclusive.
  SEC. 2.  The Legislature finds and declares that, due to the unique
circumstances concerning the areas affected by the creation of High
Desert County, a general statute cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution.

  SEC. 3.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
   Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.