reglab/statecodes huggingface dataset:
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 2 - Boundaries › ARTICLE 4.5 - Alteration of Boundaries › Section 23292.

23292. The auditor of the transferring county shall draw a warrant on the treasurer of that county in favor of the treasurer of the accepting county for all money that is or may be due from the transferring county by apportionment or otherwise to the different road and supervisorial or district funds in the territory which is transferred. The amounts shall be properly credited in both counties.
(Added by Stats. 1974, Ch. 1393.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 2 - Boundaries › ARTICLE 4.5 - Alteration of Boundaries › Section 23293.

23293. The treasurer of the transferring county shall immediately cause to be transferred to the county treasurer of the accepting county all money standing to the credit of or belonging to any road or school district, the territory comprising which is included within the boundaries of the territory which is transferred.
(Added by Stats. 1974, Ch. 1393.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 2 - Boundaries › ARTICLE 4.5 - Alteration of Boundaries › Section 23294.

23294. Where the county accepting territory is located in a different district court of appeals district than the transferring county, the district court of appeals district which includes the transferring county shall retain jurisdiction in all cases pending in a session of such court, within the boundaries of the transferred territory immediately prior to its transfer.
(Added by Stats. 1974, Ch. 1393.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 2 - Boundaries › ARTICLE 4.5 - Alteration of Boundaries › Section 23295.

23295. On and after the date the boundary change is effected, the superior court in the transferring county shall retain jurisdiction in all cases pending in a session of such court which is located within the boundaries of the territory which is transferred immediately prior to its transfer.
(Added by Stats. 1974, Ch. 1393.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 2 - Boundaries › ARTICLE 4.5 - Alteration of Boundaries › Section 23296.

23296. Any action to determine the validity of any change, alteration, or reformation to the boundaries of a county pursuant to this article shall be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.
(Added by Stats. 2010, Ch. 699, Sec. 4.3. (SB 894) Effective January 1, 2011.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 1 - General Provisions › Section 23300.

23300. New counties may be formed and created from portions of one or more existing counties solely pursuant to the provisions of this chapter.
(Repealed and added by Stats. 1974, Ch. 1392.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 1 - General Provisions › Section 23301.

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 county” means the territory to be included in a new county after the registered voters in the affected county or counties have approved the creation of such a new county at a primary election, pursuant to Article 4 (commencing with Section 23350), but before an election is held for purposes of determining the location of the county seat and the selection of county officers for such new county, pursuant to Article 4.5 (commencing with Section 23374.1).
(c) “Clerk” means the clerk of a county board of supervisors. Where the office of clerk of the board is separate from the office of registrar of voters, “clerk” means the registrar of voters with respect to all duties pertaining to the conduct of elections and the certification of petitions and clerk of the board with respect to all other duties specified in this chapter.
(d) “Commission” means the County Formation Review Commission.
(e) “Indebtedness” means the net obligations of a county arising from contract or through the operation of law, other than short-term operational expenses, but including and not limited to obligations arising under general obligation bonds, leases, joint powers agreements, and similar obligations or contracts entered into by the county prior to the date on which a petition is filed. Net obligation shall be deemed to mean the gross obligation outstanding after deduction of offsetting revenues, other than tax revenues.
(f) “Principal county” means the county from which it is proposed that territory with the greatest proportion of assessed value, as shown on the last equalized assessment roll, relative to the total amount of taxable property within the boundaries of a proposed county, is to be transferred to create, in part, that proposed county.
(g) “Contiguous” means territory which adjoins the boundary line of the proposed county.
(Amended by Stats. 1985, Ch. 702, Sec. 3.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 1 - General Provisions › Section 23302.

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) of Title 10 of Part 2 of the Code of Civil Procedure.
(Added by Stats. 2010, Ch. 699, Sec. 4.5. (SB 894) Effective January 1, 2011.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 1 - General Provisions › Section 23306.

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 county shall be less than 10,000.
(c) The area of any affected county will be reduced to less than 1,200 square miles.
The most recent federal decennial census shall be used for purposes of determining population.
(Repealed and added by Stats. 1974, Ch. 1392.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 1 - General Provisions › Section 23306.5.

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 which is proposed to be transferred from such county does not exceed 25 percent of the total territory of such county.
(Added by Stats. 1976, Ch. 1143.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 1 - General Provisions › Section 23310.

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, relating to local agency formation commissions.
(Added by Stats. 1974, Ch. 1392.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 2 - Initiation of Proceedings › Section 23320.

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 the boundaries of the proposed county.
(b) A statement that such boundaries do not pass through or divide the territory of any incorporated city other than a city with a population greater than that of the proposed new county.
(c) A statement of the population of the proposed county, as near as may be determined.
(d) A statement of the population which will remain in the affected county or counties if the territory of the proposed county is detached therefrom, as near as may be determined.
(e) A statement of the area in square miles which will remain in the affected county or counties if the territory of the proposed county is detached therefrom.
(f) The name of the proposed county.
(g) The name of the affected county or counties.
(h) A request that proceedings for creation of the proposed county be initiated.
(Amended by Stats. 1977, Ch. 1175.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 2 - Initiation of Proceedings › Section 23321.

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 shall be signed by qualified electors residing within the territory of the proposed county as described in the petition equaling in number not less than 25 percent of the number of electors of the territory of the proposed county registered within the territory on the date of the last preceding gubernatorial election and by not less than 10 percent of the electors registered within the balance of the affected counties on the date of the last preceding gubernatorial election.
(b) Where the population of the proposed county is 5 percent or more of the total population of the affected counties, a petition initiating proceedings shall be signed by qualified electors residing within the territory of the proposed county as described in the petition equaling in number not less than 25 percent of the number of electors of the territory of the proposed county registered within the territory on the date of the last preceding gubernatorial election.
Each elector, after signing a petition, shall add the name of the county in which the elector resides, the elector’s place of residence, giving a street and number or a designation sufficient to enable the place of residence to be readily ascertained, and the date the elector signed the petition.
(Amended by Stats. 1977, Ch. 1175.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 2 - Initiation of Proceedings › Section 23322.

23322. A petition may consist of a single instrument or several counterparts.
(Repealed and added by Stats. 1974, Ch. 1392.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 2 - Initiation of Proceedings › Section 23323.

23323. A petition may designate not more than three persons as chief petitioners setting forth their names and mailing addresses.
(Repealed and added by Stats. 1974, Ch. 1392.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 2 - Initiation of Proceedings › Section 23324.

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 do so. The notice shall be accompanied by a printed statement not exceeding 500 words in length, stating the objectives to be achieved by creating the new county. The notice shall also specify the date of a public hearing, which shall be set not less than 30 days nor more than 60 days after filing of the notice, to be held in an appropriate place, as determined by the clerk of the county from which the new county is to be formed or the clerk of the principal county, as the case may be, for purposes of discussing the placement of the boundaries of the proposed county.
(b) The notice of intention required pursuant to subdivision (a) shall be published by the clerk at least once in a newspaper of general circulation in each affected county. It shall also be posted by the clerk in such appropriate public places as determined by the clerk.
(c) The clerk shall also act as an impartial moderator of the public hearing required by this section.
(d) No petition shall be accepted for filing pursuant to this article unless the signatures thereon shall have been secured within six months of the date on which the first signature on the petition was affixed and such petition is submitted for filing as provided in Section 23325 within 60 days after the last signature is affixed. If the time between the date on which the last signature is affixed and the date on which the petition is submitted for filing exceeds 60 days, or, if any signature on the petition has been secured more than six months from the date on which the first signature was affixed, the petition shall be considered insufficient and shall be filed by the clerk as a public record without prejudice to the filing of a new petition.
(e) No petition shall be circulated pursuant to this article until 60 days after the filing of the notice of intention pursuant to this section.
(Amended by Stats. 1979, Ch. 370.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 2 - Initiation of Proceedings › Section 23325.

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 clerk of the principal county if it is to be formed from portions of two or more counties. All counterparts of a petition shall be filed at the same time.
(Repealed and added by Stats. 1974, Ch. 1392.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 2 - Initiation of Proceedings › Section 23326.

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 requisite number of signers. When the clerk has completed his examination, he shall certify the results of his examination.
(Repealed and added by Stats. 1974, Ch. 1392.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 2 - Initiation of Proceedings › Section 23327.

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 public record without prejudice to the filing of a new petition.
(Added by Stats. 1974, Ch. 1392.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 2 - Initiation of Proceedings › Section 23328.

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 county and to each of the chief petitioners, if any.
(Added by Stats. 1974, Ch. 1392.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 2 - Initiation of Proceedings › Section 23329.

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 in which the person signing the petition resides.
(Added by Stats. 1974, Ch. 1392.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 2 - Initiation of Proceedings › Section 23330.

23330. Upon certification of a petition, the board of the principal county shall forthwith transmit a copy of the petition certification to the Governor.
(Added by Stats. 1974, Ch. 1392.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 2 - Initiation of Proceedings › Section 23330.5.

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 included in its description of boundaries for the proposed county any territory which is the subject of the new petition. The provisions of this section shall not apply to any new petition where the population of any affected county exceeds 5,000,000; however, the provisions of Section 23373 shall be applicable to such a new petition.
(Added by Stats. 1979, Ch. 370.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 3 - County Formation Review Commission › Section 23331.

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 appoint five persons to be members of the commission. Of the five persons appointed to the commission, two shall reside within the territory of the proposed county, two shall reside within the territory remaining in the affected county or counties should the proposed county be created; and one shall not be a resident of either the territory of the proposed county or the affected county or counties. The Governor shall appoint the members of the commission within 120 days following his receipt of the petition certification pursuant to Section 23330.
(Amended by Stats. 1975, Ch. 1247.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 3 - County Formation Review Commission › Section 23332.

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 the indebtedness of each affected county.
(b) The fiscal impact of the proposed county creation on each affected county.
(c) The economic viability of the proposed county.
(d) The final boundaries of the proposed county, pursuant to Sections 23337, 23337.5, and 23338.
(e) A procedure for the orderly and timely transition of service functions and responsibilities from the affected county or counties to the proposed county.
(f) The division of the proposed county into five supervisorial districts. The boundaries of the districts shall be established in a manner which results in a population in each district which is as equal as possible to the population in each of the other districts within the county.
(g) The division of the proposed county into a convenient and necessary number of road and school districts, the territory of which shall be defined. To the extent possible, existing road and school districts located within the territory of the proposed county shall be maintained.
(h) Which county offices shall be filled by election at the subsequent election of officials for an approved county conducted pursuant to Article 4.5 (commencing with Section 23374.1), and which of the offices shall be filled by appointments made by the board of supervisors of the approved county. At a minimum, the county offices to be filled by election shall be those which by law, are required to be filled by election.
(i) That the boundaries of the proposed county do not create a territory completely surrounded by any affected county.
(j) The location of the county seat of the proposed county.
(k) The appropriations limit for the proposed county in accordance with Section 4 of Article XIII B of the California Constitution.
The commission shall not be required to make any other determinations.
(Amended by Stats. 2012, Ch. 470, Sec. 26. (AB 1529) Effective January 1, 2013.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 3 - County Formation Review Commission › Section 23333.

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, the commission shall consider:
(a) The cost of providing services in the proposed county and in each affected county.
(b) Projected revenues available to the proposed county and each affected county.
(Amended by Stats. 1979, Ch. 370.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 3 - County Formation Review Commission › Section 23334.

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 county, as between each affected county and the proposed county, provide for one or more of the following:
(a) The payment of a fixed or determinable amount of money by the proposed county either as a lump sum or in installments, for the acquisition, transfer, use or right of use of any part of the property, real or personal, owned by an affected county at the time a petition was filed pursuant to Section 23325.
(b) The levying or fixing and the collection in the proposed county of (1) special, extraordinary or additional taxes or assessments, or (2) special, extraordinary or additional service charges, rentals or rates, or (3) both; or the issuance and sale of bonds for purposes of providing for any payment required pursuant to subdivision (a) of this section.
(c) The imposition, exemption, transfer, division or apportionment, as between any affected county and the proposed county, of liability for payment of all or any part of principal, interest or any other amounts which shall become due on account of all or any part of any bonds, including revenue bonds, of an affected county which are outstanding or authorized, at the time a petition is filed pursuant to Section 23325, or other contracts or obligations of an affected county; and the levying or fixing and the collection in the proposed county of any (1) taxes or assessments, or (2) service charges, rentals or rates, or, (3) both, as may be necessary to provide for such payment.
In making its determinations, the commission shall ascertain the current indebtedness of each affected county. It shall also ascertain (a) the total assessed value of all property located in each affected county; and (b) the assessed value of the territory of the proposed county. The assessed values used by the commission shall be those shown on the last equalized assessment roll of each affected county.
The commission shall also identify and determine the location and value of all real and personal property owned by each county and located within the boundaries of the proposed county. Any real and personal property identified by the commission pursuant to this section shall become property of the proposed county, should it be established as provided in this chapter, upon settlement of the indebtedness in the manner specified by the commission.
(d) For purposes of this section, the unfunded liability of a county retirement system shall be deemed an indebtedness.
(Amended by Stats. 1979, Ch. 370.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 3 - County Formation Review Commission › Section 23335.

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 principal county and organize by electing from their number a chairman. They shall also appoint a secretary who shall not be a member of the commission. Thereafter the members of the commission may meet at such times and places as they select.
A majority of the commissioners shall constitute a quorum for purposes of transacting business and making the “determinations” required pursuant to this article.
(Added by Stats. 1974, Ch. 1392.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 3 - County Formation Review Commission › Section 23336.

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 pursuant to Section 6061 in a newspaper of general circulation published in each affected county. In addition, the board shall cause mailed notice of the hearing to be given to each of the chief petitioners, if any, at least two weeks prior to the date of hearing.
(Amended by Stats. 1979, Ch. 370.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 3 - County Formation Review Commission › Section 23337.

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 county, and may grant or deny any requests for exclusion from, or inclusion in, the proposed county filed pursuant to Sections 23337.5 and 23338. The hearing may be continued from time to time during the course of the commission’s determinations.
(Amended by Stats. 1979, Ch. 370.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 3 - County Formation Review Commission › Section 23337.5.

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 make a written request, filed with the commission, for exclusion of such person’s property from, or inclusion of such person’s property in, the proposed county. Such a request shall contain sufficient information to identify the property for which the exclusion or inclusion is sought.
(Amended by Stats. 1979, Ch. 370.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 3 - County Formation Review Commission › Section 23338.

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 the commission by any registered elector of the territory. Such a request shall contain sufficient information to identify the territory for which the exclusion or inclusion is sought.
(Amended by Stats. 1979, Ch. 370.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 3 - County Formation Review Commission › Section 23339.

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 and other documents before it as it deems necessary for the performance of its duties.
(Added by Stats. 1974, Ch. 1392.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 3 - County Formation Review Commission › Section 23340.

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 produce any books, records or other documents requested by the commission and necessary for the performance of the commission’s functions.
(Amended by Stats. 1985, Ch. 702, Sec. 5.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 3 - County Formation Review Commission › Section 23340.5.

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, may appoint a counsel and fix and order paid such counsel’s compensation to provide legal assistance to the commission in the performance of any functions requested by the commission and necessary for the performance of its duties.
(Added by Stats. 1978, Ch. 465.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 3 - County Formation Review Commission › Section 23341.

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 180 days of the date of notice and acceptance by the last appointed member and shall be signed and attested to by all the members of the commission. The commission may be granted up to 180 additional days to comply with the provisions of this section, upon a majority vote of the commission and the approval of the Governor.
(Amended by Stats. 1975, Ch. 1247.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 3 - County Formation Review Commission › Section 23342.

23342. The determinations of the commission shall become the terms and conditions for creation of the proposed county. Further, the commission may impose additional terms and conditions as it deems necessary to ensure an efficient and effective transition. All terms and conditions shall be final and binding in each affected county and the proposed county should the proposed county be legally established as provided in this chapter.
(Amended by Stats. 1985, Ch. 702, Sec. 6.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 3 - County Formation Review Commission › Section 23343.

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 with their actual expenses incurred in performing their duties. If the proposed county is created, all expenses of the commission, together with the reasonable costs of stationery, postage, and incidental expenses shall be borne by the new county, or, if the proposed county is not created, by each affected county, in equal shares.
(Repealed and added by Stats. 1974, Ch. 1392.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 3 - County Formation Review Commission › Section 23344.

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 23343.
(b) As an alternative to the procedure authorized by subdivision (a), the Controller, upon appropriation by the Legislature from the General Fund, shall loan those moneys as the commission shall determine necessary to meet its expenses until the costs have been determined pursuant to Section 23343. The loan shall be at an interest rate equal to that of the Pooled Money Investment Fund at the time the loan is made.
(c) Loans made pursuant to this section may not exceed a total of four hundred thousand dollars ($400,000) for each commission, and shall be repaid within one year of the date on which the issue of county formation was voted on by the people.
(d)  Any repayments on loans made pursuant to this section, including interest, received by the Controller shall be deposited in the General Fund.
(e) If the loans made pursuant to this section are not repaid, the Controller is authorized to reduce the moneys allocated to the county to which the loan was made by an amount equal to the amount that is owed to the state. This reduction shall be made from the subventions made pursuant to Sections 16100 and 16120.
(Amended by Stats. 2004, Ch. 227, Sec. 53. Effective August 16, 2004.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 4 - Election on Creation of the Proposed County › Section 23350.

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 be held in each affected county on the same specified day which shall be the next statewide primary or general election date not less than 74 days after receipt of the commission’s determinations, for the purpose of determining whether the proposed county shall be created. However, the election may be consolidated with the next statewide primary or general election.
(Amended by Stats. 1985, Ch. 702, Sec. 7.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 4 - Election on Creation of the Proposed County › Section 23351.

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 70 days prior to the date of the election in a newspaper of general circulation in each affected county.
(Amended by Stats. 1979, Ch. 370. Note: This text was suspended from June 21, 1984, until Jan. 1, 1985, during operation of the temporary amendment by Stats. 1984, Ch. 226.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 4 - Election on Creation of the Proposed County › Section 23352.

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 determining the location of the county seat and the selection of county officers shall be held in the approved county at the next statewide primary or general election date, as provided in Article 4.5 (commencing with Section 23374. 1).
(Amended by Stats. 1985, Ch. 702, Sec. 8.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 4 - Election on Creation of the Proposed County › Section 23353.

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 of the election.
(d) Designate the election precincts and places at which the polls will be open as established by the board of each affected county.
(e) Instruct the voters as to the methods and procedures of voting in the election.
(f) Request the submission of written arguments for and written arguments against the creation of the proposed county.
(g) Include a statement that the board of supervisors of an affected county or any member or members of such board authorized by the board, any city council of a city within an affected county or any member or members of such council authorized by the council, any qualified elector entitled to vote at the election, any bona fide association of citizens, or any combination of qualified electors and associations may submit and file written arguments with the elections official of the principal county for printing and distribution in the ballot pamphlet, in accordance with Section 9163 of the Elections Code.
(h) Include a statement that only one argument for and one argument against shall be selected and printed in the ballot.
(i) Include a statement that arguments shall not exceed 500 words in length and shall be accompanied by at least one and not more than three signatures.
(j) Include a description of the boundaries of the proposed county.
(Amended by Stats. 1994, Ch. 923, Sec. 41. Effective January 1, 1995.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 4 - Election on Creation of the Proposed County › Section 23354.

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 election. Registration and transfers of registration shall be made and shall close in the manner and at the times provided by law for registration and transfers of registration for a primary election in the state.
(Amended by Stats. 1981, Ch. 1114, Sec. 24.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 4 - Election on Creation of the Proposed County › Section 23355.

23355. Ballots at the election shall contain the statement:
“Shall the new County of (insert the name of the proposed county) be formed?”
Opposite the question, and to its right, the words “Yes” and “No” shall be printed on separate lines, with voting squares. If a voter stamps a cross (+) in the voting square after the printed word “Yes,” his or her vote shall be counted in favor of the adoption. If he or she stamps a cross (+) in the voting square after the printed word “No,” his or her vote shall be counted against the adoption.
(Amended by Stats. 1985, Ch. 702, Sec. 9.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 4 - Election on Creation of the Proposed County › Section 23357.

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.
(Added by Stats. 1974, Ch. 1392.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 4 - Election on Creation of the Proposed County › Section 23358.

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 select one of the arguments for and one of the arguments against creation of the proposed county for printing and distribution to the electors.
In selecting arguments, the clerk shall give preference and priority in the order specified to arguments submitted by the following:
(a) The board of supervisors of an affected county, or any member or members of the board authorized by it.
(b) The city council of any city located within an affected county, or any member or members of the council authorized by it.
(c) Qualified electors or bona fide associations of citizens, or combinations of electors and associations.
(Amended by Stats. 1986, Ch. 248, Sec. 82.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 4 - Election on Creation of the Proposed County › Section 23359.

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 affected county.
The ballot pamphlet shall contain the following in the order prescribed:
(a) An impartial analysis of the creation of the proposed county prepared by the commission.
(b) A summary of the commission’s report on fiscal impact and financial viability.
(c) A summary of the commission’s terms and conditions.
(d) The argument for creation of the proposed county.
(e) The argument against creation of the proposed county.
The elections official shall mail a ballot pamphlet to each qualified elector at least 10 days prior to the date of the election. The ballot pamphlet is “official matter” within the meaning of Section 13303 of the Elections Code.
(Amended by Stats. 1994, Ch. 923, Sec. 42. Effective January 1, 1995.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 4 - Election on Creation of the Proposed County › Section 23360.

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 time as the ballot pamphlet.
(Repealed and added by Stats. 1974, Ch. 1392.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 4 - Election on Creation of the Proposed County › Section 23361.

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 article.
(Repealed and added by Stats. 1974, Ch. 1392.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 4 - Election on Creation of the Proposed County › Section 23362.

23362. Except as otherwise provided by this article, the election shall be conducted as other elections in the principal county.
(Added by Stats. 1974, Ch. 1392.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 4 - Election on Creation of the Proposed County › Section 23363.

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 of the proposed new county, and each board shall pay its representatives.
(Amended by Stats. 1979, Ch. 370.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 4 - Election on Creation of the Proposed County › Section 23364.

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 them conform to the boundaries of the proposed county. The boundary lines of any precinct shall not extend beyond the boundary lines of the existing county in which it is located.
(Added by Stats. 1974, Ch. 1392.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 4 - Election on Creation of the Proposed County › Section 23365.

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 14110 of the Elections Code. The elections official of each other affected county from which territory is proposed to be taken for the proposed county shall provide to the officers of each precinct the indexes of registration for the precincts of the proposed county within their respective county. In addition, the elections official may, with the approval of the board of supervisors, furnish the original books of affidavits of registration or other material necessary to verify signatures.
(Amended by Stats. 1994, Ch. 923, Sec. 43. Effective January 1, 1995.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 4 - Election on Creation of the Proposed County › Section 23367.

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 up and certify the tally sheets of the ballots cast.
(c) Seal up the ballots.
(d) Attach a statement, signed by each election officer, to the tally sheets showing the number of votes cast and the number of votes cast for and against each of the propositions submitted to the electors.
(e) Seal up the tally sheets.
(Added by Stats. 1974, Ch. 1392.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 4 - Election on Creation of the Proposed County › Section 23368.

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 a certified copy of the results of the canvass, giving the number of votes cast in that affected county for the proposition submitted to the electors and the number of votes cast in that affected county against the proposition submitted to the electors.
(Amended by Stats. 1979, Ch. 370.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 4 - Election on Creation of the Proposed County › Section 23369.

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 total number of all votes cast in the affected county, and more than 50 percent of the total number of all votes cast in the proposed county, are in favor of creation of the proposed county, the board of supervisors of the principal county, by resolution, shall:
(a) Declare the results of the election and that the proposed county shall not be deemed created until the election of its officers at the next statewide primary or general election, as provided in Article 4.5 (commencing with Section 23374.1). At the time that the officers of the county are elected and qualified, the proposed county is deemed created, and it shall be responsible for and discharge all the duties, powers, and functions of a county as required by law, except as provided in this chapter.
(b) State the effective date or dates upon which the various service responsibilities and functions for the proposed county shall be transferred from each affected county to the proposed county. The date or dates shall be established in accordance with the terms and conditions established by the commission and in a manner to provide for the orderly and expeditious transition of responsibilities and functions, but shall in no event exceed two fiscal years from the date on which the proposed county shall be deemed legally created as provided in subdivision (a).
(Amended by Stats. 1985, Ch. 702, Sec. 10.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 4 - Election on Creation of the Proposed County › Section 23372.

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 Equalization, the Secretary of State, and the board of supervisors of each affected county.
(Added by Stats. 1974, Ch. 1392.)
2023 California Code › Government Code - GOV › TITLE 3 - GOVERNMENT OF COUNTIES › DIVISION 1 - COUNTIES GENERALLY › CHAPTER 3 - Creation of New Counties › ARTICLE 4 - Election on Creation of the Proposed County › Section 23373.

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 number of votes cast within each and every affected county, or 50 percent or less of the total number of votes cast within the proposed county, the board of supervisors of the principal county shall, by resolution, declare creation of the proposed county defeated and no further proceedings for creation of a county with substantially the same territory as the proposed county shall be initiated for a period of one year after the date of the election, except as otherwise provided in Section 23330.5.
(Amended by Stats. 1979, Ch. 370.)