ORS 368.705¹
County road fund
  • use of fund

(1) As used in this section and ORS 368.710 (Apportionment of local option taxes), "county road fund" means a separate fund in the county treasury designated to receive deposit of revenues that are dedicated to roads or road improvements.

(2) The county road fund must be used in establishing, laying out, opening, surveying, altering, improving, constructing, maintaining and repairing county roads and bridges on county roads.

(3) County funds derived from any ad valorem tax levy may not be used or expended by the county governing body upon any roads or bridges except:

(a) Funds derived from a levy within the permanent rate limit of section 11 (3), Article XI of the Oregon Constitution, or the statutory rate as provided in ORS 310.236 (Determination of taxing district 1997-1998 operating taxes and permanent and statutory rate limits for tax years after 1997-1998) (4) or 310.237 (Reallocation of Measure 47 comparison taxes and adjustment of rate limits for certain districts for 2000-2001 and later tax years), if a voter-approved county serial levy dedicated to road improvements was used in determining the rate limit; or

(b) Local option taxes levied under ORS 280.040 (Definitions for ORS 280.040 to 280.145) to 280.145 (Serial levy under former law). [Amended by 1963 c.9 §18; 1967 c.203 §1; 1973 c.240 §3; 1983 c.582 §1; 1987 c.667 §5; 1991 c.459 §388; 1999 c.21 §73; 2007 c.679 §1]

Note: Section 4, chapter 894, Oregon Laws 2007, provides:

Sec. 4. (1) Notwithstanding ORS 294.060 (Apportionment of moneys received by counties from federal forest reserves to road and school funds) and 368.705 (County road fund), moneys described in ORS 294.060 (Apportionment of moneys received by counties from federal forest reserves to road and school funds) (1) that are received by Douglas County and deposited into its road fund may be expended for the patrolling of Douglas County roads by Douglas County law enforcement officials.

(2) Notwithstanding ORS 294.060 (Apportionment of moneys received by counties from federal forest reserves to road and school funds) and 368.705 (County road fund), moneys described in ORS 294.060 (Apportionment of moneys received by counties from federal forest reserves to road and school funds) (1) that are received by Lane County and deposited into its road fund may be expended for the patrolling of Lane County roads by Lane County law enforcement officials.

(3) This section is repealed on January 2, 2014.

(4) This section applies to moneys described in subsections (1) and (2) of this section that are received before, on or after the effective date of this 2007 Act [September 27, 2007]. [2007 c.894 §4]

Atty. Gen. Opinions

Use of county road funds for snow removal except on county roads, (1971) Vol 35, p 1015

1 Legislative Counsel Committee, CHAPTER 368—County Roads, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors368.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 368, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­368ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information