Title 203 · ORS Chapter 203

203.121] �� 203.148 Public Land Corner Preservation Fund; fees for recording. (1) The county governing body may establish by ordinance a fund to be known as the Public Land Corner Preservation

Citation: ORS 203.121

Section: 203.121

203.121]

�� 203.148 Public Land Corner Preservation Fund; fees for recording. (1) The county governing body may establish by ordinance a fund to be known as the Public Land Corner Preservation Fund. Moneys in the Public Land Corner Preservation Fund shall be used only to pay expenses incurred and authorized by the county surveyor in the establishment, reestablishment and maintenance of corners of government surveys under ORS 209.070 (5) and (6).

�� (2) After providing public notice of its intended action and holding a public hearing at which the residents of the county may appear and be heard on the issue of establishing or changing the fee, the county governing body may establish by resolution or order a fee for recording all instruments under ORS 205.130 (2) in addition to any other fee charged by the county clerk.

�� (3) All moneys collected under this section shall be deposited with the county treasurer at least once a month to be credited to the Public Land Corner Preservation Fund. [1985 c.582 �5; 1987 c.469 �1; 1991 c.621 �1; 2025 c.98 �1]

�� Note: 203.148 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 203 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 203.150 [Repealed by 1981 c.41 �3]

�� 203.160 [Repealed by 1981 c.41 �3]

�� 203.170 [Amended by 1953 c.477 �7; 1957 c.49 �1; repealed by 1981 c.41 �3]

�� 203.180 [Repealed by 1953 c.306 �18]

�� 203.190 [Repealed by 1981 c.41 �3]

�� 203.200 [Repealed by 1979 c.772 �17]

�� 203.210 [Amended by 1953 c.306 �17; repealed by 1971 c.88 �8]

�� 203.219 [1953 c.477 �1; repealed by 1971 c.88 �8]

�� 203.220 [1953 c.477 �3; repealed by 1971 c.88 �8]

�� 203.223 [1959 c.174 �1; repealed by 1971 c.88 �8]

�� 203.224 [1959 c.174 �4; repealed by 1981 c.41 �3]

�� 203.226 [1963 c.386 �1; repealed by 1971 c.88 �8]

�� 203.228 [1963 c.386 �3; repealed by 1981 c.41 �3]

BOARDS OF COUNTY COMMISSIONERS

�� 203.230 Abolishing office of county judge and establishing board of county commissioners in noncharter county; referral of order; operative date. (1) The county court of any county which has not adopted a county charter pursuant to ORS 203.710 to 203.770, and in which the county judge has no judicial function, may order the office of county judge abolished and create in lieu thereof a third county commissioner. The order shall transfer all powers and duties of the county court and county judge to the board of county commissioners and, unless referred to the people, shall be effective on the date specified therein. The order made under this subsection may be referred to the people of the county for their approval or rejection and, if approved, shall become operative on the date specified in the order referred. The people of the county shall vote on such order at a primary election or general election.

�� (2) If, in a year in which a county judge is to be elected in the county, the order made under subsection (1) of this section is to become operative:

�� (a) On or subsequent to the date of the primary election but prior to the general election, then those persons nominated at the primary election for the office of county judge shall be candidates for the office of county commissioner created in the order.

�� (b) On or subsequent to the date of the regular general election, then the person elected to the office of county judge shall, upon the expiration of the term of office of the county judge holding office at the time the order was approved, take office as the county commissioner created in the order if the order has become operative.

�� (3) When the order issued under subsection (1) of this section becomes operative, the county judge shall, until the expiration of the term of office of the county judge, serve as the third county commissioner. At the general election next preceding the expiration of the term of office of the county judge there shall be elected, in addition to the two county commissioners provided by law for each county, one county commissioner who shall possess the same qualifications and be subject to the same provisions of law as the other county commissioners.

�� (4) The order issued under subsection (1) of this section may specify any or all of the following relating to the third commissioner:

�� (a) Compensation that is different from the other commissioners;

�� (b) Powers and duties that are different from the other commissioners; and

�� (c) Service as chairperson of the board of commissioners.

�� (5) The person serving as county judge on the date the office is abolished shall serve as chairperson of the board of county commissioners until the expiration of the term of office of that person and shall be subject to the same provisions of law as the other county commissioners. [1961 c.571 �1; 1987 c.267 �65; 1995 c.712 �88; 1997 c.277 �1]

�� 203.240 Organization, powers and duties of board. (1) A board of county commissioners shall:

�� (a) Have the powers and duties and be otherwise subject to the laws applicable to county courts sitting for the transaction of county business.

�� (b) Unless provided otherwise by county charter or ordinance, consist of three county commissioners. A majority of the board is required to transact county business.

�� (c) Except as otherwise provided in ORS 203.230 (5) or an order issued under ORS 203.230 (1), appoint a chairperson from among their number who shall serve until the first Monday in January next following appointment. If two members of the board cannot agree on the appointment of a chairperson, the member of the board who is longest in length of service shall act as chairperson.

�� (2) When a county has established a board of county commissioners any reference in the statutes to the county court of that county shall be considered a reference to the board of county commissioners of the county. [1961 c.571 �2; 1971 c.88 �7; 1981 c.140 �4; 1985 c.756 �2; 1997 c.277 �2]

�� 203.310 [Repealed by 1959 c.527 �11]

�� 203.320 [Repealed by 1959 c.527 �11]

�� 203.330 [Repealed by 1959 c.527 �11]

�� 203.340 [Repealed by 1959 c.527 �11]

�� 203.350 [Repealed by 1959 c.527 �11]

�� 203.360 [Repealed by 1959 c.527 �11]

�� 203.370 [Repealed by 1959 c.527 �11]

�� 203.380 [Repealed by 1959 c.527 �11]

�� 203.390 [Repealed by 1959 c.527 �11]

�� 203.400 [Repealed by 1959 c.527 �11]

�� 203.410 [Repealed by 1959 c.527 �11]

�� 203.420 [Repealed by 1959 c.527 �11]

�� 203.430 [Repealed by 1959 c.527 �11]

�� 203.440 [Repealed by 1959 c.527 �11]

�� 203.450 [Repealed by 1959 c.527 �11]

�� 203.460 [Repealed by 1959 c.527 �11]

�� 203.470 [Repealed by 1959 c.527 �11]

�� 203.480 [Repealed by 1959 c.527 �11]

�� 203.490 [Repealed by 1959 c.527 �11]

�� 203.500 [Repealed by 1959 c.527 �11]

�� 203.510 [Repealed by 1959 c.527 �11]

�� 203.520 [Repealed by 1959 c.527 �11]

�� 203.530 [Repealed by 1959 c.527 �11]

�� 203.540 [Repealed by 1959 c.527 �11]

�� 203.550 [Repealed by 1959 c.527 �11]

COUNTY HOME RULE

�� 203.710 Performance of functions by officers designated by county law; definition. (1) The designation of county officers to perform functions under ORS 203.710 to 203.770 extends to those officers who, under a county charter or legislation enacted pursuant thereto, may be designated to perform the same functions.

�� (2) References to the county court in ORS 203.710 to 203.770 include the board of county commissioners.

�� (3) As used in ORS 203.710 to 203.770, unless the context requires otherwise, �legally called election� means any primary election or general election held throughout the county. [1959 c.527 �1; 1961 c.339 �1; 1995 c.712 �89]

�� 203.720 Electors of county may adopt, amend, revise or repeal county charter by simple majority; certain provisions, deemed matters of county concern, to prevail over state law. (1) The electors of the county, by majority vote of such electors voting on the question at any legally called election, may adopt, amend, revise or repeal a county charter.

�� (2) The charter, or legislation passed by the county pursuant to the charter, shall provide a method whereby the electors of the county, by majority vote of such electors voting on the question at any legally called election, may amend, revise or repeal the charter.

�� (3) The county charter and legislative provisions relating to the amendment, revision or repeal of the charter are deemed to be matters of county concern and shall prevail over any conflicting provisions of ORS 203.710 to 203.770 and other state statutes unless otherwise specifically provided by conflicting state statutes first effective after January 1, 1961.

�� (4)(a) Notwithstanding the charter of the county or any other provision of law, the adoption, amendment, revision or repeal of a county charter shall be decided by simple majority vote.

�� (b) Nothing in this subsection is intended to prevent a county from amending its charter to provide for the adoption by a supermajority or double majority vote or by any other heightened vote requirement of measures imposing or increasing fees, taxes, assessments, fines, penalties, charges or any other revenue-generating mechanisms of any kind. [1959 c.527 �2; 2025 c.511 �1]

�� 203.725 County charter amendment; single subject; separate submission to electors. (1) A proposed amendment to a county charter, whether proposed by the county governing body or by the people of the county in the exercise of the initiative power, shall embrace but one subject and matters properly connected therewith.

�� (2) When two or more amendments to a county charter are submitted to the electors of the county for their approval or rejection at the same election, they shall be so submitted that each amendment shall be voted on separately.

�� (3) Notwithstanding any county charter or legislation enacted thereunder, this section shall apply to every amendment of a county charter and shall take precedence and prevail over any conflicting provisions in a county charter or in legislation enacted thereunder. [1983 c.240 �2]

�� 203.730 Charter committee appointed after filing of resolution or petition; sufficiency of petition; notice to persons entitled to make appointments to committee. (1) A county charter may be proposed by a committee appointed after the filing with the county clerk of:

�� (a) A resolution requesting appointment of the committee, adopted by a majority of the county court; or

�� (b) A petition requesting appointment of the committee, signed by such number of electors of the county as is equal to at least four percent of the whole number of votes cast within the county for all candidates for Governor at the most recent election at which a candidate for Governor was elected to a full term. The petition shall be substantially in such form as the county clerk may prescribe.

�� (2) The county clerk, not later than the fifth day after the filing of the resolution of the county court, shall give written notice thereof to those persons entitled to participate in the appointment of a member of the committee.

�� (3) Upon the filing with the county clerk of a petition requesting the appointment of a committee, the county clerk, not later than the 15th day after the filing of the petition, shall verify the signatures and certify to the county court the findings as to the sufficiency of such petition. If the petition is found to be sufficient, the county clerk immediately shall give written notice thereof to those persons entitled to participate in the appointment of a member of the committee. [1959 c.527 ��3,4; 1973 c.255 �1; 1979 c.190 �403; 1989 c.174 �1]

�� 203.740 Charter committee and members; appointment, qualifications, vacancies, terms, organization, meetings. (1) Within 60 days after the county clerk finds that a petition for the appointment of a committee is sufficient, or within 60 days after the county court has filed with the county clerk its resolution requesting that a committee be appointed, a committee shall be appointed as provided in this section. Only one committee is to be in existence at any given period of time.

�� (2)(a) In all counties:

�� (A) A majority of the county court is entitled to appoint four members of the committee;

�� (B) A majority of the state Senators and state Representatives then representing the county is entitled to appoint four additional members; and

�� (C) A majority, consisting of at least five, of those persons appointed under subparagraphs (A) and (B) of this paragraph is entitled to appoint one additional member.

�� (b) If, within 45 days after the terms of committee members begin to run as provided in subsection (4) of this section, an appointing authority has not made the appointment or appointments it is entitled to make, the county clerk shall call a meeting of those persons constituting the appointing authority by giving written notice to each of them, specifying the purpose of the meeting and the time and place thereof. The time of the meeting shall be set within 15 days of the expiration of the 45-day period.

�� (3) All members of the committee must be electors of the county. No member shall be engaged, directly or indirectly, in any business with the county that is inconsistent with the conscientious performance of duties as a member of the committee. An initial appointment, or an appointment to fill a vacancy, is made by delivering to the county clerk written notice of the name and address of the person appointed, signed by the person duly authorized to act for the appointing authority. No member of an appointive authority may serve as a member of such committee. If an appointing authority fails to make such an initial appointment within 60 days after the terms of committee members begin to run as provided in subsection (4) of this section, the county court shall make the appointment within 10 days after the expiration of the 60-day period.

�� (4) The terms of committee members run either from the date the county court receives the certification from the county clerk that the petition requesting the appointment of the committee is sufficient or from the date the county court files its resolution requesting appointment of the committee, as the case may be. The terms expire on the day of the election at which the committee�s proposed charter is voted upon or within two years from the date the terms began, whichever is the sooner, unless, in the case where a proposed charter is not submitted at an election held within such two-year period, the county court by resolution filed with the county clerk before the expiration of the terms extends them until the day of the election on the proposed charter or for another two years, whichever is the sooner. Any vacancy occurring on the committee, in a position for which an initial appointment has been made, shall be filled by appointment for the unexpired term by the appointing authority that was entitled to make the initial appointment of the member whose position is vacant or, if such appointing authority fails to make the appointment within 10 days after the vacancy occurs, by the county court.

�� (5) Not later than 80 days after the terms of committee members begin to run as provided in subsection (4) of this section, the members of the committee shall meet and organize. A majority of the committee constitutes a quorum for the transaction of business. The committee may adopt such rules as it deems necessary for its operation. However, the committee may not prohibit the public from attending any of its meetings. [1959 c.527 �5; 1979 c.748 �2; 2005 c.22 �153]

�� 203.750 County funds for charter committee; committee staff; county officials to cooperate. (1) Notwithstanding ORS 294.305 to