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County Authority: A State by State Report December 2010 County Authority: A State by State Report A Publication of the Research Division of NACo’s County Services Department Written by Matthew Sellers Research Intern Under the Direction of Jacqueline Byers Director of Research and Outreach December 2010 25 Massachusetts Avenue, NW l Suite 500 l Washington, DC 20001 l 202.393.6226 l fax 202.393.2630 l www.naco.org About the National Association of Counties The National Association of Counties (NACo) is the only national organization that represents county governments in the United States. Founded in 1935, NACo provides essential services to the nation’s 3,068 counties. NACo advances issues with a unified voice before the federal government, improves the public’s understanding of county government, assists counties in finding and sharing innovative solutions through education and research, and provides value-added services to save counties and taxpayers money. For more information about NACo, visit www.naco.org. For more information about this publication or the programs included, please contact: National Association of Counties Research Division a Phone: 202.393-6226 � Web site: www.naco.org Foreword This publication represents a compilation of state laws governing county authority. The broad topic addresses the services counties provide to their residents, their responsibilities, and their duties as outlined by the state. The publication includes tables intended to facilitate cross-referencing between states to make conclusions about counties with similar authority. The National Association of Counties published this report to serve as a reference tool for county officials interested in some of the specific laws concerned with county authority. The information found in this guide reflects the statutes as of the date of this publication. *Connecticut and Rhode Island are omitted from this report, as neither has counties with elected governing boards. Table of Contents Introduction • 6 Frequently Used Terms • 9 Section I: Open Records State by State Alabama • 12 Louisiana • 74 North Dakota • 138 Alaska • 15 Maine • 78 Ohio • 143 Arizona • 17 Maryland • 81 Oklahoma • 146 Arkansas • 21 Massachusetts • 86 Oregon • 150 California • 24 Michigan • 88 Pennsylvania • 153 Colorado • 28 Minnesota • 91 South Carolina • 158 Delaware • 32 Mississippi • 95 South Dakota • 163 Florida • 36 Missouri • 99 Tennessee • 167 Georgia • 40 Montana • 101 Texas • 170 Hawaii • 43 Nebraska • 104 Utah • 174 Idaho • 47 Nevada • 108 Vermont • 180 Illinois • 51 New Hampshire • 114 Virginia • 181 Indiana • 55 New Jersey • 116 Washington • 186 Iowa • 60 New Mexico • 122 West Virginia • 190 Kansas • 65 New York • 126 Wisconsin • 195 Kentucky • 69 North Carolina • 131 Wyoming • 198 Section II: Tables • 201 Dillion’s Rule State & Alternative Forms of Government • 204 Zoning and Land Use • 206 Public Health, Safety, and Sanitation • 210 Roads, Bridges, and Infrastructure• 214 Recreation, Leisure, and Culture • 216 National Association of Counties • County Authority: A State by State Report •December 2010 Introduction The term “county” encompasses a wide range of All analyses follow a template to facilitate definitions depending on the state, the population comparison between states. Because each state of the county, and the authority state law allows varies so widely with its code and what counties may it exercise. County authority includes the power and may not do, the topics are as broad as possible to create budgets, levy taxes, issue bonds, create to include as much information as possible. Below public corporations, provide services, and perform is a summary of the template and what kind of multitudinous other tasks associated with the day- information can be found in each section. to-day operation of government. Some states, The Introduction lists the parts of the constitution like Vermont, offer their counties little authority and state code from where counties derive authority, beyond requesting a budget from a municipality as well as describes the structure of the county and providing fire protection. Other states, like government. It outlines any special legislation that Alabama, must write a new law each time a county allows home rule, however limited, and concludes by wishes to accomplish something for which there is telling whether the state is a Dillon’s Rule state or no precedent in state law. Still others, like Ohio, not. allow counties to exercise any authority they wish, so long as they do not irreconcilably conflict with state law. County Finance: The County Finance section describes the procedure The above examples illustrate a legal theory known for the adoption of the budget, including whether as Dillon’s Rule, a precedent set by John Forrest or not an executive official creates it or not. This Dillon, a Supreme Court Justice in Iowa. In Clinton section also describes the legal taxes and assessments v. Cedar Rapids and the Missouri River Railroad (24 the county may make in brief, ranging from Iowa 455; 1868) Justice Dillon stated that “municipal allowable property taxes to transient room taxes. In corporations owe their origin to, and derive their addition, this section describes allowable debt limits, powers and rights wholly from, the legislature. It whether or not the county may supersede those debt breathes into them the breath of life, without which limits, and the types of bonds it may issue. The they cannot exist. As it creates, so may it destroy. If it section also discusses special funds the county may may destroy, it may abridge and control.” With these create to discharge special purposes—e.g., a capital phrases, Dillon essentially eliminated any autonomy improvements fund for roads or a sinking fund to county governments had prior to his decision, discharge debt. The section concludes by listing any forcing them instead to derive all power from the licenses the county may issue and the fees it may state government, including those that are implied collect from them. from a grant of power or those that are essentially indispensible to the functioning of a municipal Contracts: government. The contrasting theory, the Cooley Doctrine, proposes a constitutionally inherent This section describes the contract authority for right to local self-governance. In People v. Hurlbut county governments, including which body is 24 Mich. 44, 108 (1871), Michigan Supreme Court responsible for making contracts and what, if any, Justice John Cooley argues that “local government is special interlocal or regional cooperatives the a matter of absolute right.” When the narrative says county may join. “This state is a Dillon’s Rule state,” then, it means that the state does not allow county governments Zoning and Land Use: to take actions which are not specifically laid out in This broad category includes county authority to the state code. When the state analysis says, “This acquire, hold, and sell public land, as well as all the state is not a Dillon’s Rule state,” it means that means by which it may acquire and sell land. In counties are allowed to take any action which does addition, it lists all public buildings which counties not conflict with state law. A summary of Dillon’s are authorized to construct and the legal methods Rule and non-Dillon’s Rule states may be found in for funding them. This section also includes the the table at the end of the book. 6 • National Association of Counties energy saving measures counties may take in public utilities the county may operate, including natural buildings, and whether or not counties may lease gas and electricity. space in public buildings to other private and public bodies. Roads, Bridges, and Transportation: It goes on to discuss zoning and platting authority, This section discusses the procedure by which including the types of things it can regulate in zones counties lay out, construct, maintain, and and whether or not the county is allowed to engage improve the county road system. This section in mixed-use zoning. This narrative also includes also discusses other transportation projects the the kinds of special zones counties can create, county may undertake, including port authorities, including special service districts, improvement airports, canals, waterways, and all forms of districts, economic development districts, and public transportation. The section also discusses industrial development districts. A brief description transportation authorities in the county, whether or of the process for creating such districts and the not the county may create them, and what kinds of powers of such districts, which differs from state to options the authorities have for generating revenue. state, is included. Recreation, Leisure, and Culture: The section concludes with special initiatives the county may take which relate to land use and This section opens by discussing the county’s powers zoning, including the county’s powers related to regarding the creation of parks and recreational providing low- and moderate-income housing, any facilities, including which facilities the state environmental conservation initiatives the county government empowers counties to create. These may take, and any regional cooperative initiatives include stadiums, convention centers, pools, sports the county may participate in. facilities, and many others. This section also discusses the creation of stadium authorities and Public Safety, Health, and Sanitation: county governments’ interaction with sports teams. This second
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