CHAPTER 3. Creation of New Counties [23300. - 23397.]
Chapter 3 repealed and added by Stats. 1974, Ch. 1392.
§§ 23300–23397 · 93 sections
ARTICLE 1. General Provisions §§ 23300–23310 · 7 sections
- § 23300 New counties may be formed and created from portions of one or more existing counties solely pursuant to the provisions of this chapter.
- § 23301 As used in this chapter: (a) “Affected county” means each county from which territory is proposed to be transferred to create a new county. (b) “Approved…
- § 23302 Any action to determine the validity of the formation of a county pursuant to this chapter shall be brought pursuant to Chapter 9 (commencing with Section 860)…
- § 23306 A proposed county shall not be created if: (a) The population of any affected county shall be reduced to less than 20,000. (b) The population of the proposed…
- § 23306.5 Notwithstanding the provisions of subdivision (c) of Section 23306, a county may be created from the territory of Nevada County provided that the territory…
- § 23309 No boundary line of a proposed county shall pass through or divide the territory of any incorporated city.
- § 23310 Proceedings under this chapter shall not be subject to the provisions of Chapter 6.6 (commencing with Section 54773) of Part 1 of Division 2 of Title 5,…
ARTICLE 2. Initiation of Proceedings §§ 23320–23330.5 · 12 sections
- § 23320 Proceedings for the creation of a proposed county shall be initiated by petition. Any such petition shall contain the following: (a) An accurate description of…
- § 23321 (a) Where the population of the proposed county is less than 5 percent of the total population of the affected counties, a petition initiating proceedings…
- § 23322 A petition may consist of a single instrument or several counterparts.
- § 23323 A petition may designate not more than three persons as chief petitioners setting forth their names and mailing addresses.
- § 23324 (a) Before circulating any petition pursuant to this article, the proponents shall file with the clerk as provided in Section 23325, a notice of intention to…
- § 23325 All petitions shall be filed with (a) the clerk of the county from which the new county is to be formed if it is to be formed from but one county, or (b) the…
- § 23326 Within 30 days after the date of filing of a petition, the clerk of the principal county shall examine the petition and determine whether it is signed by the…
- § 23327 If the clerk certifies a petition to be insufficient he shall give mailed notice thereof to each of the chief petitioners, if any, and file the petition as a…
- § 23328 If the clerk certifies a petition to be sufficient, he shall immediately transmit a copy of his certification to the board of supervisors of each affected…
- § 23329 In certifying the sufficiency of a petition, the clerk shall compare the name of each person signing the petition with the registration records of the county…
- § 23330 Upon certification of a petition, the board of the principal county shall forthwith transmit a copy of the petition certification to the Governor.
- § 23330.5 No person shall file a petition pursuant to this article within five years of the date of certification, pursuant to Section 23328, of a prior petition which…
ARTICLE 3. County Formation Review Commission §§ 23331–23344 · 16 sections
- § 23331 Upon receipt of notice pursuant to Section 23330, the Governor shall create a County Formation Review Commission to review the proposed county creation, and…
- § 23332 The commission shall determine all of the following: (a) A fair, just, and equitable distribution, as between each affected county and the proposed county, of…
- § 23333 In determining the fiscal impact of the creation of the proposed county on the affected county or counties and the economic viability of the proposed county,…
- § 23334 Except as otherwise provided in this article, the commission may, in determining a fair, just and equitable distribution of the indebtedness of each affected…
- § 23335 Within 10 days after notice and acceptance of their appointment, the members of the commission shall meet at the principal administrative office of the…
- § 23336 The commission shall hear any protests and objections to and any support for the creation of the proposed county. Notices of the hearing shall be given…
- § 23337 On the date and at the time fixed for hearing, the commission shall hear all protests and objections to and all support for the creation of the proposed…
- § 23337.5 At any time prior to the final hearing on the creation of the new county, any owner of real property contiguous to the boundary line of the proposed county may…
- § 23338 Written requests for exclusion from, or inclusion in, the proposed county of any territory contiguous to the boundary of the proposed county may be filed with…
- § 23339 By citation or subpoena signed by its chairman and secretary, the commission may compel the attendance of such persons and the production of such books, papers…
- § 23340 All officers and employees of any state agency, board, or commission and any affected county shall cooperate with, perform any functions required by, and…
- § 23340.5 Anything in a county or city and county charter to the contrary notwithstanding, the commission, in lieu of using the county counsel of the affected county,…
- § 23341 The commission shall adopt a resolution making its determination and transmit its report in writing to the board of supervisors of each affected county, within…
- § 23342 The determinations of the commission shall become the terms and conditions for creation of the proposed county. Further, the commission may impose additional…
- § 23343 Members of the commission shall receive as compensation a per diem not to exceed fifty dollars ($50) a day for every day they are actually employed together…
- § 23344 (a) The commission may borrow those moneys as may be necessary to meet its expenses until the costs of the commission have been determined pursuant to Section…
ARTICLE 4. Election on Creation of the Proposed County §§ 23350–23374 · 21 sections
- § 23350 Upon receiving the commission’s determinations, the board of supervisors of each affected county shall order and give proclamation and notice of an election to…
- § 23351 The proclamation and notice of election provided for pursuant to this article shall be published at least once a week for three weeks commencing not less than…
- § 23352 If the election for the purpose of determining whether the proposed county shall be created results in the county being created, an election for purposes of…
- § 23353 The notice of election shall: (a) State distinctly the propositions to be submitted. (b) State the names of the affected county or counties. (c) State the date…
- § 23354 All qualified electors of each affected county who have been voters of the county 29 days prior to the date of the election are entitled to vote at the…
- § 23355 Ballots at the election shall contain the question: “Shall the new County of (insert the name of the proposed county) be formed?” To the right of or below the…
- § 23357 The election shall be governed and controlled by the general election laws of the state so far as applicable, except as otherwise provided in this article.
- § 23358 If more than one argument for or more than one argument against creation of the proposed county is filed with the clerk of the principal county the clerk shall…
- § 23359 The elections official shall cause a ballot pamphlet concerning the proposed county formation to be printed and mailed to each qualified elector of each…
- § 23360 The clerk shall also prepare and mail to the qualified electors of each affected county a sample ballot. The sample ballot shall be mailed with and at the same…
- § 23361 The law relating to the preparation, printing, and distribution of sample ballots and primary elections does not apply to any election held pursuant to this…
- § 23362 Except as otherwise provided by this article, the election shall be conducted as other elections in the principal county.
- § 23363 The board of each affected county shall appoint as election officers three representatives who reside in the affected county represented and in the boundaries…
- § 23364 If necessary for the purposes of the election, the board of each affected county shall change the boundaries of the election precincts in its county to make…
- § 23365 The elections official of the principal county shall furnish to the officers of each precinct the supplies and equipment as provided for in Sections 14105 and…
- § 23367 Immediately on the closing of the polls the election officers shall, in connection with the affected county they represent: (a) Canvass the ballots. (b) Make…
- § 23368 The clerk of each affected county shall, upon the completion of a canvass of the vote, in the county the clerk represents, forward to the board of that county…
- § 23369 If upon a canvass of the total votes cast in all the affected counties at the election, it appears that within each affected county more than 50 percent of the…
- § 23372 The board of supervisors of the principal county shall cause a copy of the resolution adopted pursuant to Section 23369 to be filed with the State Board of…
- § 23373 If upon a canvass of the votes cast at the election, it appears that the votes cast for creation of the proposed county are 50 percent or less, of the total…
- § 23374 All costs of an election shall be paid by the principal county, if the creation of the proposed county is defeated, or by the proposed county if it is created…
ARTICLE 4.5. Election to Select County Officers and Location of County Seat in the Approved County §§ 23374.1–23374.19 · 19 sections
- § 23374.1 If the election for the purpose of determining whether the proposed county shall be created results in the county’s creation being approved, an election for…
- § 23374.2 The proclamation and notice of election provided for pursuant to this article shall be published at least once a week for three weeks commencing not less than…
- § 23374.3 The content of the notice of election for the election to select the county officers for the approved county and the location of the county seat in the…
- § 23374.4 All registered voters residing in the boundaries of the approved county, who have been registered voters of the approved county 29 days prior to the election…
- § 23374.5 Ballots at the election provided for in this article shall contain the question: “Shall (insert the name of the county seat as determined by commission) be the…
- § 23374.6 Candidates for elective offices of the approved county shall file nomination papers at the same time and in the same manner as candidates for the governing…
- § 23374.7 The election shall be governed and controlled by the general election laws of the state so far as applicable, except as otherwise provided in this article.
- § 23374.8 The clerk of the principal county shall cause a ballot pamphlet concerning the election of county officers for the approved county and the location of the…
- § 23374.9 The clerk shall also prepare and mail to the registered voters of the approved county a sample ballot. The sample ballot shall be mailed with and at the same…
- § 23374.10 The law relating to the preparation, printing, and distribution of sample ballots and general elections does not apply to any election held pursuant to this…
- § 23374.11 Except as otherwise provided by this article, the election shall be conducted as other elections in the principal county.
- § 23374.12 The election officers appointed pursuant to Section 23363 for purposes of the election held to determine whether the proposed county shall be created shall…
- § 23374.13 The elections official of the principal county shall furnish to the officers of each precinct in the approved county the supplies and equipment as provided for…
- § 23374.14 Immediately on the closing of the polls, the election officers shall, in connection with the affected county they represent: (a) Canvass the ballots. (b) Make…
- § 23374.15 The clerk of the principal county shall, upon the completion of a canvass of the vote, forward to the board of the principal county a certified copy of the…
- § 23374.16 Upon receiving a certified copy of the results of the canvass, the board of supervisors of the principal county, by resolution, shall: (a) Declare the results…
- § 23374.17 The clerk of the principal county shall immediately make out and deliver to each person elected a certificate of election, authenticated by his signature and…
- § 23374.18 All the officers elected at the election shall hold their offices until the times provided by general law for the election and qualification of such officers,…
- § 23374.19 All costs of an election shall first be paid by the principal county. The new county shall then reimburse the principal county for all costs of the election…
ARTICLE 5. Transfers §§ 23375–23386 · 13 sections
- § 23375 After the creation of the proposed county its officers shall proceed to complete all proceedings necessary for the assessment or collection of the state and…
- § 23376 The officers of each affected county shall immediately execute and deliver to the board of supervisors of the proposed county copies of all assessments or…
- § 23377 The county superintendent of schools of each affected county shall furnish the county superintendent of schools of the proposed county with a certified copy of…
- § 23378 The auditor of each affected county shall draw his warrant on the treasurer of his county in favor of the treasurer of the proposed county for all money that…
- § 23379 The treasurer of each affected county shall immediately cause to be transferred to the county treasurer of the proposed county all money standing to the credit…
- § 23380 Whenever in the formation of a proposed county, a road, supervisorial, or school district has been divided the board of each affected county shall by…
- § 23381 The board of supervisors of any proposed county shall provide suitable books and have transcribed from the records of the affected county or counties all parts…
- § 23382 All actions pending in the superior court of an affected county for the recovery of the possession of, quieting the title to, or for the enforcement of liens…
- § 23383 The affected county or counties shall continue to provide necessary services from the date of creation of the proposed county until service responsibilities…
- § 23383.5 The maximum tax rate for the new county shall be established in accordance with Chapter 3 (commencing with Section 2201) of Part 4 of Division 1 of the Revenue…
- § 23384 Except as provided by the commission, upon creation of the proposed county the territory located within the proposed county shall be relieved of annual tax…
- § 23385 When the proposed county is deemed created, all funds, records and the title to any property owned or held by, or in trust for any of the affected counties, or…
- § 23386 Except as otherwise provided in this chapter, creation of the proposed county does not affect any debts, demands, liabilities or obligations of any kind…
ARTICLE 6. Districts § 23390 · 1 section
- § 23390 Notwithstanding any other provision of law, no special district, which is organized within the affected county or counties and governed by the board of…
ARTICLE 7. Courts §§ 23394–23397 · 4 sections
- § 23394 On and after the date of creation of the proposed county, the county shall be included in that district court of appeals district which included the largest…
- § 23395 In a proposed county there is one judge of the superior court who shall be selected as provided by law.
- § 23396 The Trial Court Employment Protection and Governance Act (Chapter 7 (commencing with Section 71600) of Title 8) applies to the superior court and superior…
- § 23397 On and after the date of creation of the proposed county, the superior court in the affected county or counties shall retain jurisdiction in all cases pending…