BILL ANALYSIS
SENATE LOCAL GOVERNMENT COMMITTEE
Senator William A. Craven, Chairman
BILL NO: SB 2022 HEARING: 04/15/98
AUTHOR: Knight FISCAL: Yes
AMENDED: 04/13/98 CONSULTANT: Grinnell
HIGH DESERT COUNTY DIVISION COMMISSION
Background and Existing Law
California is divided into 58 counties. To form a new
county, state law sets up a three step procedure: petition,
review commission, and election. To initiate a new county
formation, a petition must be signed by 25% of the voters
in the proposed county; if the proposed county is less than
5% of the counties' total population, then the petition
must be signed by 25% of the voters in the proposed county
and 10% in the affected county. After certification of the
signatures, the Governor creates a five-member county
formation review commission comprised of two residents of
the proposed new county, two residents that live in the
affected county, and one resident of neither area.
The commission studies the economic viability, fiscal
impact, and final boundaries of the proposed county, and
then establishes a schedule for transferring services and
responsibilities. The commission must hear protests to the
new county and can alter its boundaries. The commission
then makes findings and can impose terms and conditions for
the formation. The new county must then be approved by 50%
of the voters in each affected county and the proposed
county. The California Constitution guarantees that the
voters of each affected county may vote on the formation.
The formation does not become official until the next
statewide general election, when county officials are
elected.
In 1978, voters defeated the creation of Canyon Country
County out of Los Angeles County. The measure, widely
supported in the proposed county, failed due to a lack of
support in the areas that were not included. In 1988, a
measure to create Mojave County out of the eastern section
of San Bernardino County qualified for the ballot, but
failed for the same reason. The last county formed was
Imperial County in 1907.
Last year, the Legislature created the Los Angeles County
Division Commission to analyze the fiscal health and
service quality of Los Angeles County (AB 33, Runner). The
Commission's goal is to determine whether dividing Los
Angeles County into two or more counties would enhance
service capabilities and fiscal health. The Commission is
required to report their findings to the Legislature by
January 1, 2001.
Before the Commission can be created, cities and counties
must pass resolutions declaring their intent to form the
Commission. The Commission must have at least two
participating local agencies representing jurisdictions
with an aggregate population of two million people. So
far, only the city council of the City of Santa Clarita
(pop. 147,228) has passed a resolution. The city council
of the City of Palmdale (pop. 111,980) will vote on April
8th.
The high desert area consists of the Antelope and Victor
Valleys, which are predominantly located in Los Angeles and
San Bernardino counties, respectively. Some residents of
the high desert area have complained about a lack of
service quality due to their demographic and geographic
separation from the urban centers where the counties are
based. Some of the area's approximately 800,000 residents
argue that a new county could provide better local control
of revenues and service quality.
The author wants to help the high desert area by changing
the name of the Los Angeles County Division Commission and
broadening the scope of its analysis to include San
Bernardino and Kern counties. The author also wants the
Commission to study the Constitutional requirement that
allows voters in all affected counties to vote on a new
county.
Proposed Law
Senate Bill 2022 changes the name of the Los Angeles County
Division Commission to the High Desert County Division
Commission. SB 2022 requires the Commission to add Kern
and San Bernardino counties to their analysis requirements,
raises the aggregate population requirement to form the
Commission from two million to 2,500,000 people, and
extends all deadlines by one year. SB 2022 directs the
Commission to consider options to the Constitutional
requirement that voters in all counties with affected
territories are eligible to vote in a new county formation
election.
Comments
1. A high desert discussion . SB 2022 instructs the Los
Angeles County Division Commission to study three counties
and their service capabilities and fiscal strength. SB
2022 changes the commission's name and gives local agencies
outside of Los Angeles County the opportunity to
participate in the debate. Given the area's previous
attempts to form a new county, SB 2022 provides a forum for
local agencies to study regional issues and to consider
whether a new county would better meet the region's
demands.
2. Fighting the percentages . According to state law, most
petitions must have the signatures of 25% of the proposed
county's registered voters before a Commission can be
formed. This requirement may be stifling potentially
interested groups from organizing on the local level.
While SB 2022 adds a new study requirement onto the front
end of the county formation procedure, an alternate
solution would be to lower the 25% requirement to 15%, or
even 10%.
3. Raise the bar . State law requires cities and counties
representing two million people to pass resolutions before
the Commission can be created. SB 2022 raises that
aggregate amount to 2,500,000. The high desert area
contains little more than 800,000 people. Reaching the
threshold will be extremely difficult to obtain without the
participation of either the city or county of Los Angeles.
If the author wants to facilitate the formation of a new
county, why raise the aggregate population limit? How will
the Commission to be formed with such a high limit?
Support and Opposition (04/09/)
Support : 40 individuals.
Opposition : The Town of Apple Valley, Gary Penrod, Sheriff
of San Bernardino County, 7 individuals.