Counties GenerallyGeneral
Section § 23000
In California, a county is the biggest administrative area within the state that has its own governing abilities like a corporation.
Section § 23001
This section establishes that California is divided into areas called counties, and these counties are defined in terms of their names, boundaries, and formation as detailed in this specific title of the law.
Section § 23002
This law states that all current counties in California, as well as any future counties that may be created, are officially recognized as parts of the state.
Section § 23003
A county is a type of organization that has the authority and responsibilities outlined in this specific section of the law, as well as additional powers that are indirectly suggested by what's explicitly stated.
Section § 23004
This law outlines several key abilities that a county in California has. It can file lawsuits or be sued by others. Counties can buy, receive as gifts, and own land and personal property, as long as it's needed for county functions. They can also create contracts, and manage or sell their property based on the needs of the local community. Lastly, counties have the authority to impose and collect taxes that are allowed by law.
Section § 23004.1
This law allows a county, when it provides medical care to someone injured due to someone else's fault (like in accidents), to recover the cost of that care from the person responsible for the injury. The county can sue the responsible party directly or as part of the injured person's own lawsuit against them.
If an injured person starts legal action against the person responsible for their injury, the county's right to sue pauses but becomes a priority claim against any damages the injured person wins. The county must inform any of the responsible party's insurers about this claim but failing to do so won't affect the injured person's right to seek damages.
Section § 23004.2
This law allows a county in California to settle or forgive claims related to compensating costs for injuries or diseases based on certain rights. The county can compromise, settle, or waive these claims if it's deemed convenient or if collecting the claim would cause undue hardship to the injured person. Importantly, settling or waiving a claim does not stop the injured person or their representatives from taking legal action against those responsible for the injury or illness. Additionally, it does not restrict the injured person from seeking damages not covered by the county's claim.
Section § 23004.3
This law states that certain sections, specifically Sections 23004.1 and 23004.2, will only take effect in a county if the county's board of supervisors decides through a resolution to follow these rules.
Section § 23004.4
This law allows counties to offer insurance coverage to people running foster homes. The insurance helps protect them from being held responsible for any harm or damage caused by children placed in their care by the county. This means if a child accidentally hurts someone or causes damage, the foster home operator won't have to pay out of pocket for any claims made by third parties.
Section § 23004.5
This law allows county-owned health care facilities, like hospitals and clinics, to operate through corporations, joint ventures, or partnerships to enhance their services. However, they still need to meet state licensing requirements and must get county board approval before transferring assets at a public hearing.
Section § 23005
This law states that a county can only use its powers through its board of supervisors or through individuals who have been given authority by the board or by law.
Section § 23006
This law states that any financial agreements or commitments entered into illegally cannot be upheld. These include contracts, payments, or promises to pay. Such transactions are considered invalid and cannot be used to claim money from a county's treasury.
Section § 23007
This law states that counties in California cannot support or financially back individuals or corporations unless they are public banks as defined by law. If a county does so, any debts or responsibilities created are considered invalid and unenforceable.
Section § 23007.5
This law states that counties in California cannot grant or pay for service credit to elected officials, like members of the board of supervisors, for work they haven't actually performed. Even if these officials want to pay for extra service credit themselves, the county isn't allowed to pay for this unless the service has been completed.
However, if the retirement system has rules allowing officers to buy extra service credit by paying out of their own pocket, they can still choose to do so.
Section § 23008
This law allows counties to lease equipment, do work, or supply goods to a local district or city within the county, as long as it's economical and satisfactory. Before starting the work or ordering the goods, the district or city must set aside money equal to the cost, or 10% more than the estimated cost, to pay the county once the work is done or goods are delivered.
Section § 23009
This law explains how payments for work or goods provided to a district or municipal corporation can be made. Instead of using traditional claims and warrants, payments can be processed through approved bills in a format directed by the auditor. Funds can then be transferred between accounts by the auditor and treasurer's books upon the board of supervisors' order, simplifying the payment process without requiring formal claims and warrants.
Section § 23010
This law allows counties in California to lend their available funds to local districts like fire protection or waterworks to help them carry out their responsibilities and meet financial obligations. Loans can't exceed 85% of the district's expected revenue for the fiscal year and must be repaid before other debts. The county's board needs to approve these loans via resolution.
The law also applies to special districts spanning multiple counties and garbage disposal districts, allowing them to borrow funds. Garbage disposal districts can also seek loans from banks if it benefits them.
All loans need to be repaid with priority and interest on loans will be charged at the same rate the county applies to the district’s deposited funds.
Section § 23010.1
This law allows a county, through a resolution by its board of supervisors, to lend money to a fire protection district within the county. The purpose of the loan is for buying property and building structures the district needs. The county's board of supervisors must specify how and when the loan will be repaid, which could include annual payments. The entire loan must be paid back within 10 years.
Section § 23010.2
This law allows the board of supervisors to lend money to a newly incorporated city (less than a year old) within its boundaries. The amount of the loan can't be more than 85% of what the city expects to make in revenue for that fiscal year. The city must repay the loan within the same fiscal year.
Section § 23010.3
This law allows a county in California to spend extra funds on sewer or drainage projects to accommodate future needs of areas outside the current project. The county board of supervisors must find and declare that extending the project is necessary for future use by the outside area. The county can use future connection fees to reimburse those who contribute to the extra construction. This statute applies to projects carried out by a county, district, city, or person on behalf of the county, with the board of supervisors having rights over the use of the works. They can charge a connection fee to those in the outside area that benefits from the extended construction, including administrative and interest costs.
The law ensures that counties have the authority to include future areas in their project plans, while also keeping their existing powers intact.
Section § 23010.4
This law says that if a school district in a county wants to borrow money specifically to remove or replace asbestos in its schools, it can apply to borrow those funds from the county. The presence of asbestos is considered harmful to the people using the school. The county can agree to lend the money to the school district, and they will decide together on the terms of the loan. However, the school district must pay back the loan from its deferred maintenance fund.
Section § 23011
This law states that the name given to a county in this chapter is its official corporate name. This name should be used in any legal action or process involving the county's rights, property, or responsibilities.
Section § 23012
This section lists all the counties in the State of California. It's essentially a comprehensive directory starting from Alameda to Yuba. Each county's name is mentioned for identification and reference purposes.
Section § 23013
This law allows a county's board of supervisors to create a department of corrections. This department would handle all tasks related to punishing, caring for, and rehabilitating prisoners, including managing the county jail and other facilities like industrial farms and road camps.
Additionally, this law permits multiple counties to collaborate by forming a joint department of corrections, which would serve all involved counties and be managed by a leader whom the boards of supervisors appoint together.
Section § 23014
This law section allows a county's board of supervisors, with a four-fifths majority vote, to set aside up to $500,000 in a revolving fund. This fund helps county sanitation, flood control, or maintenance districts within the county. The money can be used for property purchases, studies, analyses, or construction for district needs.
The districts must pay back this fund within 10 years, using fees, taxes, or other available money. Any payback from tax revenue can't exceed $25,000 or the revenue from a $0.01 tax rate per year, whichever is less. The repayment will include interest at the current county investment rate.
Section § 23015
This law allows counties to create or join programs aimed at training, educating, or rehabilitating people who have been convicted of crimes. These programs can use state or federal money. Counties can also work with various organizations, whether public or private, to run these programs and can use county funds to support them.
Section § 23025
This law suggests that counties in California, regardless of their specific governance structure, should have special teletype equipment available to assist deaf individuals in accessing emergency services, in order to meet the requirements of the Americans with Disabilities Act and related federal laws.
Section § 23026
If a county in California has a retirement system for its employees, the board of supervisors must publicly announce any salary or benefit increases that affect all employees at a regular board meeting. This announcement must be listed on the meeting's agenda, and it should explain how the changes will impact the retirement system's funding.
Additionally, a retirement or investment board can have an actuary estimate the financial impact of these changes and report it to the supervisors. This law doesn't change the existing requirement that the costs of any public retirement benefit increase have to be calculated by an actuary and shared with the public two weeks before the change is approved.
Section § 23027
This law allows county supervisors to impose special taxes within their county. These taxes must be applied evenly to all taxpayers or properties, but there is an exception. Unimproved properties, such as vacant land, can be taxed at a lower rate compared to properties with buildings or developments.