11-136

11-136. County formation commission

A. Within fifteen days of receipt of certification of the petition pursuant to
section 11-135, subsection D, the governor shall appoint a county formation commission of
three members, none of whom may reside in an affected county and no more than two of whom
may be members of the same political party. At least one of the appointees must be a
member of the state bar of Arizona, at least one of the appointees must be a certified
public accountant and at least one of the appointees must have experience in property
valuation and appraisal procedures. The governor shall designate one member to act as
chairman. Members of the commission are entitled to receive compensation of one hundred
dollars for each day engaged in the service of the commission plus reimbursement for
travel and subsistence expenses pursuant to title 38, chapter 4, article 2. The
commission may employ or contract for such clerical and professional staff services as
may be necessary to perform its functions. The initial meeting of the commission shall
be held at the call of the chairman within ten days after notice and acceptance of the
members' appointment. No member, employee, agent or representative of the commission may
use or promise to use any official authority or influence for the purpose of influencing
the outcome of the proposed formation of new counties.

B. The commission shall consider and determine:

1. The fiscal impact of the proposed county formation and the economic viability of
the proposed counties, including the costs of the proceedings to form the counties and
potential disruptions and delays in delivery of federal and state aid and payments to the
proposed counties.

2. The comparative costs of providing services in the affected county or counties
and each proposed county.

3. The projected revenues available to the affected county or counties and each
proposed county.

4. The final boundaries of the proposed counties.

5. A procedure for the orderly and timely transfer of service functions and
responsibilities from the affected county or counties to each proposed county.

6. The division of each proposed county into supervisorial districts.

7. The proposed transfer, division and apportionment between the proposed counties
of all real and personal property, valued at replacement cost less depreciation, and cash
accounts owned by the affected county or counties.

8. Bonds and other indebtedness of the affected county or counties which are
outstanding or authorized and other contracts and obligations of the affected county or
counties which would be divided, apportioned and assumed by the proposed county or
counties.

9. Estimated taxes, assessments or other authorized charges necessary in each
proposed county to meet these liabilities in the first full fiscal year after the
proposed county or counties are formed.

10. Each community college district, school district and special taxing district
within the affected county or counties.

11. The indigent population of the proposed county or counties, determined as of the
commission's initial meeting, for purposes of the Arizona health care cost containment
system.

C. At any time before the final commission hearing the commission shall receive
written requests to modify the boundaries of the proposed counties from any real property
owner or registered voter in a proposed county. Such a request must contain sufficient
information to identify the property or territory affected by a proposed modification and
state the reasons for the request. The commission shall not change the boundaries
described in the petition filed with the secretary of state unless modification is
necessary in the interest of public convenience and necessity or to maintain an existing
community of interest. The boundaries of a proposed county shall not pass through or
divide an incorporated city or town or, if practicable, a special taxing district
established under title 48 which receives financial assistance from the county. If
possible, the boundaries shall be set along existing survey lines or political or
administrative boundaries. The requirements of section 11-132, subsection B apply to
proposed counties formed by the final boundaries prescribed by the commission.

D. In the case of a countywide district, a district which receives financial
assistance from the county or which is governed by the affected county's board of
supervisors, the auditor general shall audit and inventory the district's assets and
liabilities and, if necessary, determine a fair and equitable division of them between
the proposed counties.

E. All officers and employees of an affected county and all state agencies shall
cooperate with, perform any functions required by and produce any books, records or other
documents of the county requested by and necessary for the commission to perform its
duties.

F. Within one hundred eighty days after notice and acceptance of the members'
appointments the commission shall adopt a report and summary of its findings and its
determination of the final boundaries of each proposed county. The commission shall
transmit copies of the report to the person or organization proposing the county boundary
changes, the secretary of state, the governor, the attorney general, the clerk of the
board of supervisors of each affected county, the president of the senate, the speaker of
the house of representatives and each legislator whose district is in an affected county.

G. The findings and determinations of the commission are the terms and conditions
of the formation of the proposed counties. Except as otherwise authorized by this
article, those terms and conditions are final and binding in each affected county and in
each new county if the new counties are established pursuant to this article.