23000-23027

GOVERNMENT CODE
SECTION 23000-23027




23000.  A county is the largest political division of the State
having corporate powers.



23001.  The State is divided into counties, named, bounded, and
constituted as provided in this title.



23002.  The several existing counties of the State and such other
counties as are hereafter organized are legal subdivisions of the
State.


23003.  A county is a body corporate and politic, has the powers
specified in this title and such others necessarily implied from
those expressed.


23004.  A county may:
   (a) Sue and be sued.
   (b) Purchase, receive by gift or bequest, and hold land within its
limits, or elsewhere when permitted by law.
   (c) Make contracts and purchase and hold personal property
necessary to the exercise of its powers.
   (d) Manage, sell, lease, or otherwise dispose of its property as
the interests of its inhabitants require.
   (e) Levy and collect taxes authorized by law.



23004.1.  (a) Subject to the provisions of Section 23004.3, in any
case in which the county is authorized or required by law to furnish
hospital, medical, surgical, or dental care and treatment, including
prostheses and medical appliances, to a person who is injured or
suffers a disease, under circumstances creating a tort liability upon
some third person to pay damages therefor, the county shall have a
right to recover from said third person the reasonable value of the
care and treatment so furnished or to be furnished, or shall, as to
this right, be subrogated to any right or claim that the injured or
diseased person, his guardian, personal representative, estate, or
survivors has against such third person to the extent of the
reasonable value of the care and treatment so furnished or to be
furnished.
   (b) The county may, to enforce such rights, institute and
prosecute legal proceedings against the third person who is liable
for the injury or disease in the appropriate court, either in its own
name or in the name of the injured person, his guardian, personal
representative, estate, or survivors. Such action shall be commenced
within the period prescribed in Section 340 of the Code of Civil
Procedure. In the event that the injured person, his guardian,
personal representative, estate, survivors, or either of them brings
an action for damages against the third person who is liable for the
injury or disease, the county's right of action shall abate during
the pendency of such action, and continue as a first lien against any
judgment recovered by the injured or diseased person, his guardian,
personal representative, estate, or survivors, against the third
person who is liable for the injury or disease, to the extent of the
reasonable value of the care and treatment so furnished or to be
furnished. When the third person who is liable is insured, the county
shall notify the third person's insurer, when known to the county,
in writing of the lien within 30 days following the filing of the
action by the injured or diseased person, his guardian, personal
representative, estate, or survivors, against the third person who is
liable for the injury or disease; provided, however, that failure to
so notify the insurer shall not prejudice the claim or cause of
action of the injured or diseased person, his guardian, personal
representative, estate, or survivors, or the county.




23004.2.  (a) The county may (1) compromise, or settle and execute a
release of, any claim which the county has by virtue of the rights
established by Section 23004.1; or (2) waive any such claim, in whole
or in part, for the convenience of the county, or if the governing
body of the county determines that collection would result in undue
hardship upon the person who suffered the injury or disease resulting
in care or treatment described in Section 23004.1.
   (b) No action taken by the county in connection with the rights
afforded under Section 23004.1 or this section shall be a bar to any
action upon the claim or cause of action of the injured or diseased
person, his guardian, personal representative, estate, or survivors
against the third person who is liable for the injury or disease, or
shall operate to deny to the injured person the recovery for that
portion of his damage not covered hereunder.



23004.3.  Sections 23004.1 and 23004.2 shall become operative in a
county only if the board of supervisors of that county, by
resolution, elects to be governed by the provisions of such sections.



23004.4.  A county may provide insurance coverage for persons
operating foster home facilities licensed pursuant to Chapter 1
(commencing with Section 16000) of Part 4 of Division 9 of the
Welfare and Institutions Code against any third-party liability for
injuries or damages resulting from the acts or omissions of any child
placed in such facility by the county.



23004.5.  Health care facilities, including, but not limited to,
hospitals and clinics licensed under Division 2 (commencing with
Section 1200) of the Health and Safety Code, that are owned or
operated by counties may establish, maintain, and carry on their
activities through one or more corporations, joint ventures, or
partnerships for the direct benefit of those health care facilities
and the health services that they provide. Nothing in this section
shall be construed to exempt facilities conducting their activities
in accordance with this section from the licensure requirements set
forth in Division 2 (commencing with Section 1200) of the Health and
Safety Code, when those requirements are applicable. Nothing in this
section shall be construed to eliminate the necessity of prior
approval by the county's board of supervisors, at a noticed public
hearing, of any transfer of the assets of a county health system and
the consideration therefor.


23005.  A county may exercise its powers only through the board of
supervisors or through agents and officers acting under authority of
the board or authority conferred by law.



23006.  Any contract, authorization, allowance, payment, or
liability to pay, made or attempted to be made in violation of law,
is void, and shall not be the foundation or basis of a claim against
the treasury of any county.


23007.  Except as specified in this chapter, a county shall not, in
any manner, give or loan its credit to or in aid of any person or
corporation. An indebtedness or liability incurred contrary to this
chapter is void.


23007.5.  (a) Notwithstanding any other provision of law:
   (1) A county shall not grant credit for service to an elective
officer or member of the board of supervisors for service that the
elective officer or member has not performed.
   (2) A county shall not pay contributions for credit for service if
an elective officer or member has not performed the service,
regardless of the fact that the elective officer or member of the
board of supervisors may personally elect to contribute for
additional credit for service.
   (b) The prohibition provided by this section does not preclude an
elective officer or member of the board of supervisors from choosing
to receive credit for service in a retirement system by paying his or
her own contributions for that purpose pursuant to the applicable
provisions of the retirement system.



23008.  Whenever it is economical and satisfactory to do so, a
county may lease equipment, perform work, or furnish goods for any
district or municipal corporation within the county, if before the
work is done or the goods are ordered or furnished by the county, an
amount equal to the cost, or an amount 10 percent in excess of the
estimated cost, is so reserved from the funds of the district or
municipal corporation to be charged that it may be transferred to the
county, when the work is completed or the goods are supplied.



23009.  In such event, charges for work done or goods supplied may
be made by claims and warrants upon the district or municipal
corporation or by properly approved bill, in such form and manner as
the auditor directs, from the department, division, or account
supplying the goods or service to the district or municipal
corporation supplied, and payment may be made by transfer of funds
upon the books of the auditor and treasurer, on order of the board of
supervisors, without the formality of claim and warrant.



23010.  (a) Pursuant to a resolution adopted by its board of
supervisors, a county may lend any of its available funds to any
community services district, county waterworks district, mosquito
abatement district, pest abatement district, fire protection
district, flood control and water conservation district, recreation
and park district, regional park district, regional park and
open-space district, regional open-space district, resort improvement
district, or public cemetery district located wholly within the
county, if its funds are or when available will be in the custody of
the county or any officer of the county, in order to enable the
district to perform its functions and meet its obligations. The loan
shall not exceed 85 percent of the district's anticipated revenue for
the fiscal year in which it is made or for the next ensuing fiscal
year, and shall be repaid out of that revenue prior to the payment of
any other obligation of the district.
   (b) Pursuant to a resolution adopted by its board of supervisors,
a county may loan any of its available funds to a special district,
in order to enable the district to perform its functions and meet its
obligations. The loan shall not exceed 85 percent of the special
district's anticipated property tax revenue projected to be generated
for the fiscal year in which it is made or for the next ensuing
fiscal year within that portion of the district's territory which is
located within the county. The loan shall be repaid out of any
available revenue of the special district prior to the payment of any
other obligation of the district.
   For purposes of this subdivision, "special district" means a
special district, as defined in Section 54775, which is located in
more than one county.
   (c) The board of supervisors may borrow funds from the county or
from other garbage disposal districts, not to exceed 85 percent of
the district's anticipated revenue for the fiscal year in which they
are borrowed or for the next ensuing fiscal year. In levying taxes or
prescribing and collecting fees or charges as authorized by this
division, the board of supervisors may raise sufficient revenues to
repay the loans.
   The board of supervisors may lend available district funds to
another garbage disposal district, subject to the terms and
conditions set forth in this section.
   Nothing contained in this section shall prohibit the board of
supervisors from borrowing funds from banks or other financial
institutions when the best interests of the district are served
thereby.
   (d) Notwithstanding any other provisions of law, funds, when
borrowed by a garbage disposal district pursuant to subdivision (c),
shall forthwith increase the appropriations of the district for which
they are needed. The governing body of the entity from which the
funds are borrowed may specify the date and manner in which the funds
shall be repaid. The loan shall not exceed 85 percent of the
district's anticipated revenue for the fiscal year in which it is
made or for the next ensuing fiscal year, and shall be repaid out of
that revenue prior to the payment of any other obligation of the
district.
   (e) The district shall pay interest on all funds borrowed from the
county at the same rate that the county applies to funds of the
district on deposit with the county.



23010.1.  Pursuant to a resolution adopted by its board of
supervisors, a county may lend any of its available funds to any fire
protection district located wholly within the county if the funds of
the fire protection district are or, when available, will be in the
custody of the county treasurer, for the acquisition of real or
personal property and the construction of structures needed for
district purposes.
   The board of supervisors in the resolution shall specify the date
and manner in which the funds shall be repaid. The resolution may
require the repayment of the loan in equal annual installments. The
loan shall be repaid within the time specified in the resolution
which shall not in any event exceed 10 years.




23010.2.  The board of supervisors may loan to any city within its
limits which has been incorporated for less than one year an amount
not exceeding eighty-five percent (85%) of the city's anticipated
revenues for the fiscal year in which such loan is made. Such loans
shall be repaid within the fiscal year in which made.




23010.3.  Upon adoption of an authorizing resolution by the board of
supervisors, in connection with the construction of any sanitary
sewer, storm sewer, or drainage improvements, a county may expend any
of its available funds for any additional cost of construction of
any conveyance works in excess of the construction required for the
current project, or for a portion of the cost of conveyance works
directly benefiting properties in an area outside the area to be
served by the current project, if the board of supervisors first
finds and declares in that resolution, that there is an area outside
the area to be served by the current project which may in the future
utilize the conveyance works; that additional construction of
conveyance works for the current project is necessary to serve the
outside area in the future; and that the board of supervisors will
have the right in the future to use, or to permit the use of, the
conveyance works and the additional construction which will benefit
the outside area. In lieu of a county contribution of funds for
additional construction or for a portion of the cost of the
conveyance works where an outside area is directly benefited, the
board of supervisors may agree to reimburse, from future connection
fees, any entity or person described in subdivisions (a) to (g),
inclusive.
   The provisions of this section shall be applicable in cases in
which improvements are to be constructed by any of the following:
   (a) A county pursuant to the "The Improvement Act of 1911,"
Division 7 (commencing with Section 5000) of the Streets and Highways
Code.
   (b) A county pursuant to the "Municipal Improvement Act of 1913,"
Division 12 (commencing with Section 10000) of the Streets and
Highways Code.
   (c) A county in any other manner.
   (d) Any district which is governed by the board of supervisors of
the county in which the work is to be performed.
   (e) Any district, not governed by the board of supervisors of the
county in which the work is to be performed, with which the board of
supervisors has contracted so as to assure the right of the county to
use the conveyance works and the additional construction, for the
future benefit of the outside area.
   (f) Any incorporated city with which the board of supervisors has
contracted so as to assure the right of the county to use the
conveyance works and the additional construction, for the future
benefit of the outside area.
   (g) Any person, if the works when completed are to be dedicated or
conveyed to the county or to a district governed by the board of
supervisors of the county in which the work is to be performed.
   The board of supervisors may impose a connection fee upon any
person or district in the outside area to be paid to the county as a
condition to connecting to any conveyance works which have been
augmented by additional construction, or which have been found by the
board of supervisors to directly benefit the outside area, pursuant
to this section. The connection fee shall be a prorated share of the
total cost of the additional construction, or of the portion of the
costs of the conveyance works where an outside area is directly
benefited. The fee may include a reasonable amount for administrative
costs associated with the collection of the fee and to provide
reimbursement to an entity or person described in subdivisions (a) to
(g), inclusive. In computing the total cost of the additional
construction, or of the portion of the costs of the conveyance works
where an outside area is directly benefited, the board of supervisors
shall include an amount attributable to interest from the date of
completion of the construction to the date of connection and, in the
event the board of supervisors agrees to reimburse, from future
connection fees, any entity or person described in subdivisions (a)
to (g), inclusive, all accrued interest shall be payable to that
entity or person.
   This section shall not decrease or limit any other power vested in
counties or boards of supervisors.



23010.4.  Upon receipt of an application from the governing body of
any school district maintaining a school within a county, requesting
to borrow funds from the county for the purpose of removing or
replacing asbestos-derived materials used in constructing,
insulating, or furnishing one or more of those schools, and declaring
the existence of such asbestos-derived material to be potentially
detrimental to the health of pupils, teachers, and others using the
school, the county board of supervisors may loan, and the school
district may borrow, the requested county funds upon such terms and
conditions as are mutually agreed upon by the respective governing
bodies, provided that the loan shall be repaid only from the school
district's deferred maintenance fund established pursuant to Section
39618 of the Education Code.



23011.  The name of a county designated in this chapter is its
corporate name, and it shall be designated thereby in any action or
proceeding touching its corporate rights, property, and duties.



23012.  The names of the counties of the State are:

  Alameda          Marin             San Luis Obispo
  Alpine           Mariposa          San Mateo
  Amador           Mendocino         Santa Barbara
  Butte            Merced            Santa Clara
  Calaveras        Modoc             Santa Cruz
  Colusa           Mono              Shasta
  Contra Costa     Monterey          Sierra
  Del Norte        Napa              Siskiyou
  El Dorado        Nevada            Solano
  Fresno           Orange            Sonoma
  Glenn            Placer            Stanislaus
  Humboldt         Plumas            Sutter
  Imperial         Riverside         Tehama
  Inyo             Sacramento        Trinity
  Kern             San Benito        Tulare
  Kings            San Bernardino    Tuolumne
  Lake             San Diego         Ventura
  Lassen           San Francisco     Yolo
  Los Angeles      San Joaquin       Yuba
  Madera



23013.  The board of supervisors of any county may, by resolution,
establish a department of corrections, to be headed by an officer
appointed by the board, which shall have jurisdiction over all county
functions, personnel, and facilities, or so many as the board names
in its resolution, relating to institutional punishment, care,
treatment, and rehabilitation of prisoners, including, but not
limited to, the county jail and industrial farms and road camps,
their functions and personnel.
   The boards of supervisors of two or more counties may, by
agreement and the enactment of ordinances in conformity thereto,
establish a joint department of corrections to serve all the counties
included in the agreement, to be headed by an officer appointed by
the boards jointly.


23014.  Pursuant to a resolution adopted by its board of supervisors
by a four-fifths vote of all of the members of the board of
supervisors, a county may appropriate any of its available moneys to
a revolving fund not to exceed five hundred thousand dollars
($500,000) to be used by any county sanitation district, county flood
control district, or county maintenance district, located wholly
within the county for the acquisition of real or personal property,
environmental impact studies, fiscal analysis, engineering services,
or the construction of structures or improvements needed in whole or
in part for district purposes. The revolving fund shall be reimbursed
from service fees, connection charges, tax revenues or other moneys
available to the district, and no sums shall be disbursed from the
fund until an agreement with a term not exceeding 10 years has been
made between the board of supervisors and the governing board of the
district encompassing the method by, and the time within, which the
district is to reimburse the fund. Reimbursement of the fund from tax
revenue shall not exceed in any one fiscal year an amount equal to
one cent ($0.01) on the tax rate or twenty-five thousand dollars
($25,000), whichever is less. The district shall reimburse the fund
for any amount disbursed to the district within 10 years after
disbursement, together with interest at the current rate per annum
received on similar types of investments by the county as determined
by the county treasurer.


23015.  A county may conduct or participate in programs for the
training, education or rehabilitation of wards or offenders,
including, but not limited to, programs in which state or federal
funds are granted or reimbursable. In connection therewith, a county
may contract with federal, state or local public agencies, private
persons, corporations and other business entities, and may make such
expenditures of county funds as may be required for the conduct of,
or participation in, such programs.



23025.  A county, whether general law or chartered, which provides
any emergency services, shall provide deaf teletype equipment at a
central location within the county to relay requests for such
emergency services.


23026.  In any county which has established a county employees'
retirement system pursuant to the County Employees Retirement Law of
1937 (Chapter 3 (commencing with Section 31450) of Part 3 of Division
4), the board of supervisors shall make public, at a regularly
scheduled meeting of the board, all salary and benefit increases that
affect either or both represented employees and nonrepresented
employees. Notice of any salary or benefit increase shall be included
on the agenda for the meeting as an item of business in compliance
with the requirements of Section 54954.2. Notice shall occur prior to
the adoption of the salary or benefit increase, and shall include an
explanation of the financial impact that the proposed benefit change
or salary increase will have on the funding status of the county
employees' retirement system.
   The board of retirement, or board of investments in a county in
which a board of investments has been established pursuant to Section
31520.2, is authorized, consistent with its fiduciary duties, to
have an enrolled actuary prepare an estimate of the actuarial impact
of the salary or benefit increase. The actuarial data shall be
reported to the board of supervisors.
   Nothing in this section shall be construed to limit or lessen the
requirement imposed by Section 7507 that the costs associated with
increases in public retirement plan benefits be determined by an
enrolled actuary and publicly disclosed two weeks prior to an
adoption of the increase in public retirement plan benefits.




23027.  The board of supervisors of any county may impose a special
tax pursuant to Article 3.5 (commencing with Section 50075) of
Chapter 1 of Part 1 of Division 1 of Title 5 and any other procedures
as may be applicable. The special taxes shall be applied uniformly
to all taxpayers or all real property within the county, or any
involved portion thereof, except that unimproved property may be
taxed at a lower rate than improved property.