House of Representatives

HB 2121

new counties; establishment

Sponsors: Representatives Pierce, Cooley, Anderson, Pearce, et al.

dpa	Committee on Judiciary
DPA	Committee on Counties & Municipalities
DPA	Caucus and COW
dp	Third Read
x	As Passed the House

HB 2121 repeals the existing statutes relating to the formation of new counties and outlines a new process and requirements for new county formation.

History

A.R.S. § 11-132 permits the formation of new counties by legislative enactment, statewide initiative or county initiative. Current statute specifies the requirements for forming new counties by county initiative. Both the proposed and remainder counties are required to: consist of over 100 square miles of private land; include three fourths of one per cent of the state’s total and per capita assessed valuations; include over three-fourths of one per cent of the state’s population; and possess common boundaries with at least three other existing or proposed counties or two other existing or proposed counties and the state border.

If the statutory criteria are met, then a petition must be filed with the Secretary of State signed by at least 15% of the registered voters in each affected county. Once the petition is filed, the Governor must create a formation commission to determine, within 180 days, the economic feasibility and full administrative impact of forming the new county. Finally, the voters of the affected county or counties must vote, in a special election, on whether to form a new county. Currently, a majority of the voters in each affected county must approve the proposition to create the new county.

Provisions

Establishment Requirements

· Stipulates a new county shall not be established by dividing an existing county unless:

Ø At least $5 million of taxable property and at least 1,000 electors are left in each of the counties.

Ø The new county has a common boundary with at least two other counties or one other county and the state boundary in addition to the county from which the territory is being taken.

Ø At least 50% of the total last assessed valuation of the county remains in the county from which the division is proposed.

· States that a county that has an assessed valuation of less than $12 million shall not be divided or have territory taken from it.

Petition for Establishment of New County

· Requires a petition to be signed by 15% of the qualified electors of the county from which the territory is proposed to be taken. If the territory is proposed to be taken from more than one county, the petition shall be signed by at least 20% of the electors of each county from which any part is to be taken.

· States that the petition shall be filed with the clerk of the board of supervisors of each county in which the petitioners reside and outlines what the petition must include.

· Requires the board of supervisors to meet to consider the petition and, upon verification of the petition, order a special election in the county to determine whether the new county should be established.

· Outlines petition verification procedures if the petition has been filed in more than one county.

· Requires the petition to state its purpose and contain a description of the territory for the new country.

New County Election Procedures

· Requires the board of supervisors to give notice of the new county election and outlines what the notice shall specify.

· Requires the notice of election to be posted at least twice in each of the newspapers in general circulation in each of the counties concerned.

· Requires the election to take place on the seventh Tuesday following the day the board of supervisors meets to consider the petition.

· Stipulates all qualified electors shall be entitled to vote and states any elector who is not registered to vote may register with the county recorder any time before twenty days prior to the election.

· Outlines election procedures if the election is held in more than one county or if the boundary line of a proposed new county traverses and divides a precinct or voting district.

· States that the proposition shall be carried if:

Ø 50% or more of the votes cast by persons who reside within the proposed district, and 20% or more of the votes cast by persons who reside within the county or counties from which the new county is proposed to divide, but who reside outside of the new county favor the formation of the new district; or

Ø If a majority of all votes cast at the election favors the proposition, regardless of place of residence. However, a new county shall not be established unless 20% or more of the electors in the proposed new county vote in favor of the new county.

Ø For counties having less than one million persons, retains the current requirement of a majority vote within both the new and original county to establish the new county.

· Outlines the form of the ballot.

· Requires the board of supervisors to meet on the eleventh day after the election to canvass the returns and, if the proposition carried, immediately make an order declaring the result.

· States all elections shall be governed by the general election law and all expenses of a new county election shall paid by the new county if a new county is established.

· Requires the county recorder to randomly verify 5% of the signatures on the submitted petition.

· Stipulates the specific requirements and procedures for the correct percentage of valid signatures on the petition for the petition to be placed on the ballot.

· Requires the Board of Supervisors to meet within 60 days after receiving the certified petitions from the county recorder to consider the petitions and call an election.

· Requires the Board of Supervisors in the county to be affected to conduct the election.

· Requires the County Board of Supervisors to mail an informational pamphlet to each registered voter in the county.

Election Commission

· Requires an Election Commission (Commission) to be appointed to organize the new county. Outlines the makeup of the Commission.

· Requires each commissioner to take and subscribe the official oath required of public officers before entering on the duties of the Commission. Stipulates that the commissioners shall have the powers of duties of the new county board of supervisors until the officers of the new counties are elected.

· Requires the Commission to divide the new county into precincts and voting districts and prepare for the election of county, precinct and other officers and members of the Legislature at the next general election.

· Requires the commissioners to provide a separate ballot to be voted on at the first election to decide the name of the new county and the location of the county seat. Outlines how suggestions for the county name and seat location shall be placed on the ballot.

· Stipulates the Commission shall cease when the board of supervisors has been elected and the new county shall be deemed organized.

· Outlines compensation for the commissioners.

Election of County Officers

· States that all county officers, except municipal and school district officers, shall be elected at the next general election and shall hold office as if originally elected within the county.

Division of County Property and Settlement of County Debts

· Stipulates that the right to property and revenue of the old and new counties shall be ascertained on the basis of valuation of property in the counties at the time of the last assessment of county taxes before the receipt of the initiative petition.

· Stipulates that all affected boards of supervisors may settle and adjust all questions that arise from the organization of the new county. States any settlement, promise that is given in writing and every contract that is entered into in good faith is valid and enforceable.

· States the affected counties shall be held liable for their just proportion of any outstanding bonds and interest.

New County Records

· States that all public records that would have been made in the new county, may be transcribed at the expense of the new county or persons desiring the transcript. States that the transcript, when verified shall have the same force and effect as the original.

· Allows all officers, agents and employees of every new or changed county to inspect and transcribe the records and files of the public offices from which the territory composing the new county was taken.

Salaries

· States that the class of the new county, for the purpose of fixing salaries shall be determined from the tax roll of the last assessment in the original counties of all the property in the new county.

Transfer of Territory

· Outlines a process by which persons can annex property from one county to another.

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· 45th Legislature

· Second Regular Session 3 April 10, 2002

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