ORS 203.035
Power of county governing body or electors over matters of county concern


(1)

Subject to subsection (3) of this section, the governing body or the electors of a county may by ordinance exercise authority within the county over matters of county concern, to the fullest extent allowed by Constitutions and laws of the United States and of this state, as fully as if each particular power comprised in that general authority were specifically listed in ORS 203.030 (Definition for ORS 203.030 to 203.075) to 203.075 (Applicable law for local improvement assessments).

(2)

The power granted by this section is in addition to other grants of power to counties, shall not be construed to limit or qualify any such grant and shall be liberally construed, to the end that counties have all powers over matters of county concern that it is possible for them to have under the Constitutions and laws of the United States and of this state.

(3)

An ordinance adopted by a county governing body that changes the number or mode of selection of elective county officers shall not take effect unless the ordinance is submitted to and approved by the electors of the county at a primary election, general election or election held on the first Tuesday after the first Monday in November of an odd-numbered year. However, an ordinance adopted under this section may not change the mode of selection of a county assessor.

(4)

Nothing in this section shall be construed to limit the rights of the electors of a county to propose county ordinances through exercise of the initiative power. [1973 c.282 §2; 1981 c.140 §1; 1985 c.756 §1; 1995 c.712 § 87; 2007 c.155 §12]

Source: Section 203.035 — Power of county governing body or electors over matters of county concern, https://www.­oregonlegislature.­gov/bills_laws/ors/ors203.­html.

Notes of Decisions

Where ordinance required car rental companies to collect and remit tax on motor vehicle rentals, tax was not invalid on ground of improper adoption procedures, improper use of tax funds, or unconstitutional impact on interstate commerce. Budget Rent-A-Car v. Multnomah County, 287 Or 93, 597 P2d 1232 (1979)

County government may offer services that compete with private enterprise. GTE Northwest, Inc. v. Public Utility Commission, 179 Or App 46, 39 P3d 201 (2002), Sup Ct review denied

Where proposed action is predominantly concern of county’s residents, action is “matter of county concern” notwithstanding that action may result in services being offered to areas outside county. GTE Northwest, Inc. v. Public Utility Commission, 179 Or App 46, 39 P3d 201 (2002), Sup Ct review denied

Attorney General Opinions

Non “home rule” county courts or commissions general legislative powers, (1974) Vol 36, p 1070; authority for counties to purchase medical insurance for dependents and disability insurance for officers and employes, (1974) Vol 36, p 1115; initiative question of advisory nature on ballot, (1974) Vol 37, p 14; power of home rule county to provide method of filling vacancy in county office, (1974) Vol 37, p 280; reimbursement of county commissioners for travel expenses, (1975) Vol 37, p 543; county regulation of activities resulting in soil erosion, (1975) Vol 37, p 819; deleting administrative position from county staffing plan and assigning its duties to one or more commissioners, (1977) Vol 38, p 304; authority to establish revenue sharing programs with cities, (1978) Vol 38, p 2045; effect of initiative proposal in general law county to prohibit construction and operation of nuclear power plants, (1978) Vol 39, p 81; local government authority to force evacuation of fire-threatened areas, (1996) Vol 48, p 27

Law Review Citations

61 OLR 13 (1982)

203.010
General powers of county as body politic and corporate
203.015
Power of county to contract for purchase or lease of real or personal property
203.030
Definition for ORS 203.030 to 203.075
203.035
Power of county governing body or electors over matters of county concern
203.040
Inapplicability of ordinances inside incorporated city
203.045
Procedure for adopting ordinance
203.055
Referral of taxation related ordinance
203.060
Judicial review and invalidation of ordinances
203.065
Violation of county ordinances
203.075
Applicable law for local improvement assessments
203.085
County election dates
203.105
Program in Governor’s office to assist counties in fiscal distress
203.111
County governing body
203.115
County power to change fees
203.132
Inclusion of property outside county or in city in county assessment for local improvement
203.135
Eminent domain power of county
203.145
Appointment of legal counsel for county governing body
203.148
Public Land Corner Preservation Fund
203.230
Abolishing office of county judge and establishing board of county commissioners in noncharter county
203.240
Organization, powers and duties of board
203.710
Performance of functions by officers designated by county law
203.720
Electors of county may adopt, amend, revise or repeal county charter
203.725
County charter amendment
203.730
Charter committee appointed after filing of resolution or petition
203.740
Charter committee and members
203.750
County funds for charter committee
203.760
Submission of proposed charter to electors after public hearing
203.770
Copies of charters and amendments, revisions and repeals
203.810
Offenses under county law
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