Counties' Power: Rejecting State Laws

In the United States, local governments are generally divided into two tiers: counties and municipalities. Counties themselves lack broad powers of self-government, and legislative control over them is more complete than over cities. Counties derive their powers from the state and can make and enforce local ordinances that do not conflict with general laws. In some states, known as home rule states, the state's constitution grants counties the ability to pass various types of laws to govern themselves as long as they do not conflict with federal and state constitutions. In other states, known as Dillon's Rule states, local governments have only limited authority, and counties must obtain permission from the state legislature to pass laws not specifically permitted under existing state legislation. Counties can also be subject to preemption, where the federal or state government can override local laws if they conflict with federal or state laws.

Can Counties Reject State Laws?

Counties can make and enforce local laws

In the United States, the ability of counties to make and enforce local laws depends on the state in which they are located. Some states, known as home rule states, allow counties to pass various types of laws to govern themselves, as long as these laws do not conflict with state and federal constitutions. In other states, known as Dillon's Rule states, local governments have only limited authority, and counties must obtain permission from the state legislature to pass laws or ordinances that are not specifically permitted under existing state legislation.

The California Constitution, for example, authorizes counties to make and enforce local ordinances, provided they do not conflict with general laws. The Constitution recognizes two types of counties: general law counties and charter counties. General law counties adhere to state law regarding the number and duties of county elected officials. In contrast, charter counties, like charter cities, have more flexibility in their governing systems and can choose different types of government structures.

The powers of a county in California are exercised by the Board of Supervisors or officers acting under the Board's authority or conferred by law. The Board of Supervisors is both the legislative and executive authority of the county and has quasi-judicial authorities. It can supervise the official conduct of county officers and ensure they faithfully discharge their duties, but it cannot add to or relieve them from these obligations. Additionally, the Board cannot direct or control the day-to-day operations of a county department or limit the discretion of a particular officer.

While counties in home rule states like California have the ability to make and enforce local laws, their powers are still subject to certain limitations. The Legislature may delegate functions to the counties, but it can also resume these functions if necessary. Counties do not have broad powers of self-government and lack revenue-generating authority. Therefore, while counties may have some autonomy in creating and enforcing local laws, their powers are ultimately derived from and constrained by the state.

Counties have powers like suing, buying land, and levying taxes

Counties are subject to the laws of the state in which they are located. However, they do possess some powers that allow them a degree of autonomy. Counties have the power to sue and be sued, purchase and hold land, manage or dispose of properties, and levy and collect taxes authorised by law. These powers are typically exercised by a Board of Supervisors, which acts as both the legislative and executive authority for the county, with quasi-judicial functions.

The Board of Supervisors is responsible for supervising the official conduct of county officers, ensuring they faithfully discharge their duties. However, the Board cannot add to or relieve these duties. The Board does not have direct control over the day-to-day operations of county departments or the district attorney's prosecutorial duties.

The powers of counties can vary depending on the state they are in. In the United States, there are home rule states, where the state's constitution allows counties to pass laws to govern themselves, as long as they do not conflict with federal and state constitutions. Dillon's Rule states, on the other hand, only grant limited authority to counties, requiring them to obtain permission from the state legislature to pass laws not covered by existing state legislation. Most states have a mix of these systems.

Counties can raise local revenue by imposing or increasing taxes, assessments, or fees, within the boundaries set by the state legislature and constitution. For example, a Board of Supervisors may impose a utility users tax, a business license tax, or a transient occupancy tax with majority voter approval. Property taxes, in particular, are the primary tool for financing local governments, including counties, and are levied on the value of real property (land and buildings) and personal property.

Counties have legislative and executive authority

In the United States, local governments are generally divided into two tiers: counties (also known as boroughs in Alaska and parishes in Louisiana) and municipalities or cities/towns. Counties have legislative and executive authority, which is vested in the Board of Supervisors. The Board of Supervisors is responsible for supervising the official conduct of county officers and ensuring they faithfully discharge their duties. However, it cannot add to or relieve officers from their obligations. The Board also has the power to direct and control litigation involving the county or any public entity it governs and may employ outside attorneys by a two-thirds vote.

The Board of Supervisors is the legislative and executive authority of the county, and its members are both registered voters and residents of the district from which they are elected. The Board must follow statutory procedures for its actions to be valid. For example, if the Legislature prescribes a method for a county to abandon a road, the county must follow that method. Counties can adopt any reasonably suitable means to accomplish tasks not specifically prescribed by law. The Board also has quasi-judicial authorities.

The powers of a county are exercised by the Board of Supervisors or through officers acting under the Board's authority or conferred by law. The Board's official acts can only be performed in regularly or specially convened meetings, and individual members cannot act on behalf of the county solely due to their membership on the Board. The Board must keep records of its decisions and proceedings for all regular and special meetings.

Counties lack broad powers of self-government compared to cities, which have broader revenue-generating authority. The Legislature may delegate to counties any functions belonging to the state unless restricted by specific provisions of the state Constitution. Conversely, the state can resume functions it has delegated to counties, such as state funding of trial courts. The California Constitution, for example, recognises two types of counties: general law counties and charter counties. General law counties adhere to state law regarding the number and duties of county elected officials.

Counties can reject state laws if they conflict with county laws

Counties are generally part of local governments, which are granted power by the state. In the United States, there are two types of states in terms of the rules that counties follow: home rule states and Dillon's Rule states.

In home rule states, counties are granted the ability to pass laws to govern themselves, as long as they do not conflict with state and federal constitutions. In Dillon's Rule states, local governments have only been granted limited authority by the state legislature, and cities or counties must obtain permission from the state legislature to pass a law that is not explicitly permitted under existing state legislation. Most states have a mix of these two systems.

The California Constitution, for example, recognizes two types of counties: general law counties and charter counties. General law counties adhere to state law as to the number and duties of county elected officials. The Board of Supervisors is both the legislative and executive authority of the county and has quasi-judicial authorities. The Board of Supervisors may supervise the official conduct of county officers and require them to discharge their duties, but they cannot add to or relieve these duties.

Therefore, counties can reject state laws if they conflict with county laws, as long as they are in a state that follows the home rule system.

Counties can be granted power by the state

In the United States, local governments are granted power by the state. Counties, which are a type of local government, can be delegated any functions belonging to the state itself, unless restricted by a specific provision of the state constitution.

The California Constitution, for example, recognises two types of counties: general law counties and charter counties. General law counties adhere to state law regarding the number and duties of county elected officials. Charter counties, on the other hand, have a limited degree of "home rule" authority, which provides for the election, compensation, terms, and removal of governing board members and county officers. They can also decide on the powers and duties of county officers.

In some states, known as home rule states, the state constitution grants counties the ability to pass various types of laws to govern themselves, as long as they do not conflict with federal and state constitutions. In other states, known as Dillon's Rule states, local governments have only been granted limited authority by the state legislature. Here, counties must obtain permission from the state legislature if they want to pass a law or ordinance not covered by existing state legislation.

The Board of Supervisors is both the legislative and executive authority of the county and has quasi-judicial authorities. The Board can supervise the official conduct of county officers and require them to discharge their duties, but it cannot add to or relieve these duties. The Board can also raise local revenue by imposing or increasing taxes, assessments, or fees.

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