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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
Maricopa County; division; new counties
Purpose
Effective January 1, 2025, prescribes new boundaries to Maricopa County and establishes the formation of Hohokam, Mogollon and O'odham counties. Outlines procedural requirements relating to the division of Maricopa County.
Background
Arizona consists of 15 counties and statute prescribes the boundaries that encapsulate each county. Counties may be formed or divided by a legislative enactment, statewide initiative or county initiative (A.R.S. Title 11, Chapter 1). According to the 2020 U.S. decennial census, the population of Maricopa County is estimated to be 4,420,568 persons (U.S. Census Bureau).
If the new counties qualify for state assistance not currently received by Maricopa County, SB 1292 would potentially generate a cost to the state General Fund.
Provisions
County Transition
1. Modifies the boundaries of Maricopa County and establishes Hohokam County, Mogollon County and O'odham County, as prescribed.
2. Requires Maricopa County to continue in its existing form through a transition period and under the supervision of the Intercounty Oversight and Accountability Board (Board) for up to three years after January 1, 2025.
3. Requires the current Maricopa County Board of Supervisors to retain authority over the operation of Maricopa County during the transition until the board of supervisors of Hohokam, Mogollon and O'odham counties are sworn into office and requires the swearing in to take place by June 15, 2024.
4. Requires the currently elected Maricopa County Board of Supervisors to continue their elected capacity for the remainder of the supervisors' terms and stipulates that if an elected Maricopa County supervisor's supervisory district is located with Hohokam, Mogollon or O'odham county, the supervisor must complete the term in the new county in which the supervisory district is located.
5. Requires the county board of supervisors to approve supervisorial districts within 180 days after being sworn in.
6. Requires the chairperson of each county's board of supervisors to serve on a Board during the three-year transition period.
7. Requires the board to make intercounty decisions and enter into mutually beneficial shared use or intergovernmental agreements for the continuation of services for Hohokam, Maricopa, Mogollon and O'odham counties and terminates the board after three years.
8. Allows the Board to continue past the transition period if approved by a majority of the county board of supervisors of Hohokam, Maricopa, Mogollon and O'odham counties.
9. Requires the control of existing special districts to be assumed by the county in which the special district is located.
10. Requires, for a special district located in more than one county, the counties to enter into an intergovernmental agreement regarding control of the special district within one year after the election of the county board of supervisors.
11. Allows Hohokam, Maricopa, Mogollon and O'odham counties to enter into a 10-year shared use agreement for the use of existing shared capital assets.
12. Requires Hohokam, Maricopa, Mogollon and O'odham counties to divide furniture, fixtures and equipment on a pro-rata basis based on the furniture, fixtures and equipment located in each county.
13. Requires, beginning January 1, 2025, Hohokam, Maricopa, Mogollon and O'odham counties to enter into an intergovernmental agreement for the continued operation for community colleges for a period of at least 10 years.
County Elections
14. Requires the elected board of supervisors in Hohokam, Maricopa, Mogollon and O'odham counties to determine an application process for municipalities to apply to be the county seat.
15. Requires a special election for the county seat to take place within 120 days after the election of the board of supervisors in Hohokam, Maricopa, Mogollon and O'odham counties.
16. Requires the board of supervisors for Hohokam, Maricopa, Mogollon and O'odham counties to be elected in a special election within 120 days after January 1, 2025, and requires the supervisors to be elected to staggered, abbreviated terms in which they will serve until the next Presidential election.
17. Requires supervisors to be elected by the entire county for an initial term and by the supervisorial district for subsequent elections.
18. Requires, for the election of the unfilled elected county seats, Hohokam, Maricopa, Mogollon and O'odham counties to hold the election at the same time as the election for the county board of supervisors and requires current elected officials to finish their terms in the county that they reside in.
Miscellaneous
19. Requires the Legislative Council staff to prepare proposed legislation conforming the Arizona Revised Statutes to the formation of the new counties for consideration in the Fifty-seventh Legislature, First Regular Session.
20. Makes conforming changes.
21. Becomes effective on the January 1, 2025.
Prepared by Senate Research
February 12, 2024
JT/slp