BILL NUMBER: SB 2022 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 13, 1998
INTRODUCED BY Senator Knight
FEBRUARY 20, 1998
An act to add Section 23305 to amend
Sections 23345, 23346, 23347, 23348, and 23349 of, and to amend the
heading of Article 3.5 (commencing with Section 23345) of Chapter 3
of Division 1 of Title 3 of, the Government Code, relating to
counties.
LEGISLATIVE COUNSEL'S DIGEST
SB 2022, as amended, Knight. High Desert County :
formation Commission .
Existing law authorizes the creation of the Los Angeles County
Division Commission pursuant to the adoption of resolutions by the
governing bodies of one or more local agencies that have an aggregate
population of 2,000,000 or more within and including the County of
Los Angeles on or before January 1, 1999. The commission is required
to issue a report with recommendations to the Board of Supervisors
of the County of Los Angeles, the Governor, and the Legislature by
January 1, 2001. The report is required to include analyses
respecting the division of the County of Los Angeles into 2 or more
smaller counties on the territories affected by the division. These
provisions are repealed on January 1, 2001.
This bill would expand these provisions to include the Counties of
Kern and San Bernardino, and rename the commission the High Desert
County Commission. It would authorize the creation of the commission
pursuant to the adoption of resolutions from one or more local
agencies that represent, in the aggregate, a population of 2,500,000
or more people on or before January 1, 2000. It would require the
commission to issue a report to the boards of supervisors of the
Counties of Kern, Los Angeles, and San Bernardino, the Governor, and
the Legislature by January 1, 2002, and expand the scope of the
report to include analyses respecting the division of the existing
counties and formation of the new High Desert County on the
territories affected by the division and formation and the voting
requirements applicable to the formation of the new county. It would
extend the repeal date of these provisions to January 1, 2002.
(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 no . State-mandated local program:
yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 23305 is added to the
SECTION 1. The heading of Article 3.5 (commencing with Section
23345) of Chapter 3 of Division 1 of Title 3 of the Government Code
is amended to read:
Article 3.5. Los Angeles High Desert
County Division Commission
SEC. 2. Section 23345 of the Government Code is amended to read:
23345. (a) The Legislature finds and declares the necessity to
study the fiscal health of the Counties of Kern, Los
Angeles County , and San Bernardino,
and the capability and efficiency of service delivery by Los
Angeles County those counties .
(b) As used in this section, "local agency" means any city within
the boundaries of the Counties of Kern, Los Angeles
County , or San Bernardino , or the
County Counties of Kern, Los
Angeles , or San Bernardino .
SEC. 3. Section 23346 of the Government Code is amended to read:
23346. (a) There may be created a commission called the
Los Angeles High Desert County Division
Commission.
(b) On or before January 1, 1999 2000
, the governing body of any local agency within and including
the Counties of Kern, Los Angeles County
, and San Bernardino may adopt a resolution
declaring its intent to form the commission. The governing body of
each local agency shall immediately transmit a copy of its resolution
to the county clerk of the County of Los Angeles
county of jurisdiction . As soon as feasible after
one or more county clerk has receiving
received resolutions from one or more local agencies that
have an represent, in the aggregate,
aggregate a population of
2,000,000 2,500,000 or more people, the county
clerk clerks shall jointly
declare the commission duly formed pursuant to this article.
(c) Each local agency that has adopted a resolution declaring its
intent to form the commission shall contribute funding to the
commission in proportion to the number of its representatives on the
commission board.
SEC. 4. Section 23347 of the Government Code is amended to read:
23347. (a) The governing body of each local agency that adopted a
resolution pursuant to Section 23346 shall appoint, by resolution,
one representative to the commission board and shall appoint, by
resolution, an additional representative for each 100,000 citizens
within its territory. In the case of Los Angeles County
a county , for the purpose of determining the
number of representatives, the population shall be the total
population of the unincorporated areas of the county.
Representatives shall serve at the pleasure of the local agency the
person represents. Each appointing authority shall endeavor to
appoint members who reflect the geographic, ethnic, racial, gender,
an cultural diversity of its territory. Each appointing authority
shall appoint members who have demonstrated an interest and have
proven academic or professional ability in one or more of the fields
of demography, urban economics, land use planning, public finance,
and the legal aspects of local agency organization and boundaries.
(b) The commission shall select a chair and vice chair from among
its own respective membership.
(c) The commission shall conduct public meetings to solicit the
views and advice of the public, including elected and appointed
officials, regarding the fiscal health and service delivery
capabilities of the Counties of Kern, Los Angeles
County , and San Bernardino .
(d) The members of the commission may be reimbursed for their
actual and necessary expenses for attending the meetings of the
commission, except for members of the commission who are elected
officials, officers, or employees of a local agency. The commission
may authorize a payment of a per diem not to exceed one hundred
dollars ($100) to the members of the commission for each day while
they are in attendance at meetings of the commission. The per diem
may be in addition to the reimbursement for actual and necessary
expenses. Notwithstanding any other provision of law, the cost of
the quarters, equipment, supplies, and operating expenses incurred by
the commission shall not be a county charge but shall be paid from
the funding made by the act which that
added this section. The commission shall not charge fees.
(e) The commission may appoint employees, including counsel,
define their qualifications and duties, and provide compensation for
the performance of their duties.
(f) The commission may contract with any other public or private
agency for any services necessary to carry out the purposes of this
section.
SEC. 5. Section 23348 of the Government Code is amended to read:
23348. Notwithstanding Section 7550.5 of the Government Code, the
commission shall issue a report with recommendations to the
Board of Supervisors of the County boards of
supervisors of the Counties of Kern, Los Angeles,
and San Bernardino, the Governor, and the Legislature by
January 1, 2001 2002 . The report
shall include, but not be limited to:
(a) A comprehensive analysis of the fiscal health of the
Counties of Kern, Los Angeles County ,
and San Bernardino .
(b) A comprehensive analysis of the capability and efficiency of
service delivery by the County Counties
of Kern, Los Angeles , and San Bernardino .
(c) Whether or not a division of the County
Counties of Kern, Los Angeles into two
or more smaller counties , and San Bernardino to form
a fourth county known as High Desert County would result in
enhanced fiscal health of the county affected
counties and increased capability and efficiency in the
delivery of services, and whether or not such a division and the
subsequent formation of a new county would be detrimental to
the fiscal health or capability and efficiency of service delivery of
any territory that would be affected by the division and
formation .
(d) As part of its determination in subdivision (c), the
commission may prescribe boundaries for any proposed division
and subsequent formation of a new county .
(e) An analysis of voting requirements applicable to the
formation of the new county. Specifically, the commission shall
determine whether the entire populations of the affected counties are
required to vote on the issue, or whether formation may be completed
pursuant to a vote of the population of only the territory to be
included in the new county.
(f) Any other matters that the special commission deems
relevant.
SEC. 6. Section 23349 of the Government Code is amended to read:
23349. This article shall remain in effect only until January 1,
2001 2002 , and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2001 2002 , deletes or
extends that date. 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.