11-09.1 Home Rule Counties - North Dakota Statutes

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CHAPTER 11-09.1HOME RULE COUNTIES11-09.1-01.Methods of proposing home rule charter.The board of countycommissioners may on its own motion cause a home rule charter to be drafted and submitted for
adoption to the electors of the county in the manner provided in this chapter. A home rule
proposal may be initiated in a petition filed with the board of county commissioners and signed by
qualified electors of the county not fewer in number than two percent of the population of the
county.11-09.1-02. Charter commission - Membership - Preparation and submission ofcharter - Compensation and expenses - Publication. Within sixty days after proceedings
have been initiated for a home rule charter, the board of county commissioners shall appoint a
charter commission, comprised of at least five members, to draft the charter, unless a petition
proposing a charter pursuant to section 11-09.1-01 prescribes the composition of the commission
or the manner by which the composition of the commission is to be determined. The board shall
designate one of the charter commission members as chairman of the charter commission. The
board shall set the compensation and expenses of charter commission members. The board,
from its general funds, may furnish the charter commission with office space, clerical help,
supplies, and legal and other assistance. The charter commission shall hold at least one public
hearing on the proposed charter and may use other suitable means to disseminate information,
receive suggestions and comments, and encourage public discussion of the proposed charter.
The commission shall prepare and submit the charter to the board of county commissioners
within one year after appointment, unless the board allows additional time for submission of the
charter. The charter must contain a list of county offices to be elected and any elected offices
that will be eliminated or combined if the charter is adopted. The board of county commissioners
shall publish the proposed charter once in the official newspaper of the county.11-09.1-03. Submission of charter to electors. At least sixty days, but no more thantwo years, after submission of the charter to the board of county commissioners, the proposed
charter must be submitted to a vote of the qualified electors of the county at a primary or general
election. If the proposed charter has been submitted to a vote of the qualified electors of the
county, the board of county commissioners may call a special election to resubmit the proposed
charter to a vote of the qualified electors of the county, and the special election must take place
at least sixty days after the call for the special election. The board may amend the proposed
charter prior to its resubmission to the electors.11-09.1-04.Ratification by majority vote - Supersession of existing charter andconflicting state laws - Filing of copies of new charter. If a majority of the qualified electors
voting on the charter at the election vote in favor of the home rule charter, it is ratified and
becomes the organic law of the county on the first day of January or July next following the
election, and extends to all its county matters. The charter and the ordinances made pursuant to
the charter in county matters must be liberally construed to supersede within the territorial limits
and jurisdiction of the county any conflicting state law except for any state law as it applies to
cities or any power of a city to govern its own affairs, without the consent of the governing body of
the city. The charter may not authorize the enactment of ordinances to diminish the authority of
a board of supervisors of a township or to change the structure of township government in any
organized civil township, without the consent of the board of supervisors of the township. No
ordinance of a home rule county shall supersede section 49-22-16. One copy of the charter as
ratified and approved must be filed with the secretary of state; one with the recorder for the
county, unless the board of county commissioners designates a different official; and one with the
auditor of the county to remain as a part of its permanent records. Courts shall take judicial
notice of the charter.11-09.1-04.1. Multicounty home rule.1.Two or more counties may draft and submit for adoption a multicounty home rule
charter to the electors of each county pursuant to this section. The other provisionsPage No. 1of this chapter apply to a multicounty home rule charter, except as otherwise
provided by this section.2.The process for drafting and submitting a multicounty home rule charter may be
initiated by:a.Separate motions by the boards of county commissioners of the participating
counties;b.The execution of a joint powers agreement between participating counties; orc.A petition filed with each board of county commissioners of two or more
counties and signed by ten percent or more of the total number of qualified
electors of each county voting for governor at the most recent gubernatorial
election.3.Within sixty days after proceedings are initiated for a multicounty home rule charter,
the boards of county commissioners shall enter into a joint powers agreement
specifying the procedure for framing the charter, which may include the
establishment of a single cooperative charter commission with membership
representing each county. As an alternative, the boards of county commissioners in
each affected county may establish a separate charter commission pursuant to
section 11-09.1-02 to frame the charter in cooperative study with the charter
commission of any other affected county. The charter commissions must submit a
single joint report and proposed charter.4.A charter commission, during its deliberation, may hold public hearings and
community forums and use other suitable means to disseminate information, receive
suggestions and comments, and encourage public discussion on the subject of the
proposed multicounty home rule charter, and may report periodically to the affected
governing bodies on their progress.In preparing the charter, the chartercommission may:a.Include any, or all, of the available powers enumerated in section 11-09.1-05,
subject to the limitations of that section;b.Provide for adjustment of existing bonded indebtedness and other obligations in
a manner that will provide for a fair and equitable burden of taxation for debt
service;c.Provide for the transfer or other disposition of property and other rights, claims,
assets, and franchises of the counties;d.Provide for the reorganization, abolition, or adjustment of boundaries of any
existing boards, commissions, agencies, and special districts of the county
government;e.Include provisions for transition in implementing the charter, including elements
that consider the reasonable expectations of current officeholders such as
delayed effective dates for implementation at the end of a current term or a
future term, upon the occurrence of a vacancy, or on a date certain;f.Include provision for the limited application or temporary implementation of the
charter, including provisions that permit implementation on an experimental or
pilot basis such as the expiration of the charter on a date certain in the future,
required reapproval of the charter by the electors at a future date, or a
phased-in implementation of various components of the charter; andPage No. 2g.Include other provisions that the charter commission elects to include and
which are consistent with state law.5.The proposed charter or accurate summary of the charter must be published in the
official newspaper of each affected county, at least once during two different weeks
within the thirty-day period immediately preceding the date of election.6.If a majority of the qualified electors voting in each county on the charter votes in
favor of the multicounty home rule charter, it is ratified and becomes the organic law
of the multicounty area on the first day of January following the election or other
effective date specified in the charter.7.The amendment or repeal of a multicounty home rule charter may proceed pursuant
to the amendment and repeal provisions of section 11-09.1-06 on a multicounty
basis. A majority vote of the qualified electors voting in each county in the election is
required to adopt any amendment of a multicounty charter. A majority vote of the
qualified electors of only one or more participating counties is required to repeal a
multicounty charter.11-09.1-05. Powers. After the filing with the secretary of state of a charter approved inreasonable conformity with this chapter, the county and its citizens may, if included in the charter
and implemented through ordinances:1.Acquire, hold, operate, and dispose of property within or without the county limits,
and, subject to chapter 32-15, exercise the right of eminent domain for those
purposes.2.Control its finances and fiscal affairs; appropriate money for its purposes, and make
payments of its debts and expenses; subject to the limitations of this section levy
and collect property taxes, sales and use taxes, farm machinery gross receipts
taxes, alcoholic beverage gross receipts taxes, motor vehicle fuels and special fuels
taxes, motor vehicle registration fees, and special assessments for benefits
conferred,foritspublicandproprietaryfunctions,activities,operations,undertakings, and improvements; contract debts, borrow money, issue bonds,
warrants, and other evidences of indebtedness; establish charges for any county or
other services to the extent authorized by state law; and establish debt and mill levy
limitations. Notwithstanding any authority granted under this chapter, all property
must be assessed in a uniform manner as prescribed by the state board of
equalization and the state supervisor of assessments and all taxable property must
be taxed by the county at the same rate unless otherwise provided by law. A charter
or ordinance or act of a governing body of a home rule county may not supersede
any state law that determines what property or acts are subject to, or exempt from,
ad valorem taxes. A charter or ordinance or act of the governing body of a home
rule county may not supersede section 11-11-55.1 relating to the sixty percent
petition requirement for improvements and of section 40-22-18 relating to the barring
proceeding for improvement projects.After December 31, 2005, sales and usetaxes, farm machinery gross receipts taxes, and alcoholic beverage gross receipts
taxes levied under this chapter:a.Must conform in all respects with regard to the taxable or exempt status of
items under chapters 57-39.2, 57-39.5, 57-39.6, and 57-40.2 and may not be
imposed at multiple rates with the exception of sales of electricity, piped natural
or artificial gas, or other heating fuels delivered by the seller or the retail sale or
transfer of motor vehicles, aircraft, watercraft, modular homes, manufactured
homes, or mobile homes.b.May not be newly imposed or changed except to be effective on the first day of
a calendar quarterly period after a minimum of ninety days' notice to the tax
commissioner or, for purchases from printed catalogs, on the first day of aPage No. 3calendar quarter after a minimum of one hundred twenty days' notice to the
seller.c.May not be limited to apply to less than the full value of the transaction or item
as determined for state sales and use tax, except for farm machinery gross
receipts tax purposes.d.Must be subject to collection by the tax commissioner under an agreement
under section 57-01-02.1 and must be administered by the tax commissioner in
accordance with the relevant provisions of chapter 57-39.2, including reporting
and paying requirements, correction of errors, payment of refunds, and
application of penalty and interest.After December 31, 2005, any portion of a charter or any portion of an ordinance or
act of a governing body of a home rule county passed pursuant to a charter which
does not conform to the requirements of this subsection is invalid to the extent that it
does not conform. The invalidity of a portion of a charter or ordinance or act of a
governing body of a home rule county because it does not conform to this
subsection does not affect the validity of any other portion of the charter or ordinance
or act of a governing body of a home rule county or the eligibility for a refund under
section 57-01-02.1. Any taxes imposed under this chapter on farm machinery, farm
irrigation equipment, and farm machinery repair parts used exclusively for
agricultural purposes, or on alcoholic beverages, which were in effect on
December 31, 2005, become gross receipts taxes after December 31, 2005.3.Provide for county elected and appointed officers and employees, their selection,
powers, duties, qualifications, and compensation, and the terms of county appointed
officers and employees. However, after adoption of a home rule charter, a county
elected office may not be eliminated or combined with another office except upon
approval of a majority of the electors of the county voting upon the question at a
primary or general election or pursuant to the county officer combination, separation,
or redesignation procedures of chapter 11-10.2.A home rule charter may notdiminish the term of office for which a current county officer was elected, redesignate
that elected office during that term as appointed, or reduce the salary of the office for
that term. This subsection does not authorize a county to redesignate the elected
offices of sheriff and state's attorney as appointed, except as provided in section
11-10-02.3.4.Provide for all matters pertaining to county elections, except as to qualifications of
electors.5.Provide for the adoption, amendment, repeal, initiative, referral, enforcement, and
civil and criminal penalties for violation of ordinances, resolutions, and regulations to
carry out its governmental and proprietary powers and to provide for public health,
safety, morals, and welfare. However, this subsection does not confer any authority
to regulate any industry or activity which is regulated by state law or by rules
adopted by a state agency.6.Lay out or vacate public grounds, and provide through its governing body for the
construction, use, operation, designation, and regulation of a county road system.7.Provide for zoning, planning, and subdivision of public or private property within the
county limits but outside the zoning authority of any city or organized township.8.Exercise in the conduct of its affairs all powers usually exercised by a corporation.9.Contract with and receive grants from any other governmental entity or agency, with
respect to any local, state, or federal program, project, or works.Page No. 4The people of all counties coming within this chapter have the full right of self-government in all
matters within the powers enumerated in this chapter.The statutes of this state, so far asapplicable, continue to apply to counties, except as superseded by the charters of the counties or
by ordinances passed pursuant to the charters.11-09.1-05.1.Salestaxrevenuetransfertoschooldistrictsprohibited.Notwithstanding the provisions of chapters 54-40 and 54-40.3 or any other provision of law,
revenue from sales, use, or other excise taxes levied under this chapter may not be transferred
to or for the primary benefit of a school district except for payment of bonded indebtedness
incurred before April 19, 2007, or for capital construction and associated costs approved by the
electors of the county before April 19, 2007.11-09.1-06. Amendment or repeal. The home rule charter adopted by any county maybe amended or repealed by a proposal by the governing body of the county or by petition of the
number of electors provided in section 11-09.1-01, submitted to and ratified by the qualified
electors of the county. A petition to amend or repeal a home rule charter must be submitted to
the governing body of the county. Within thirty days of receipt of a valid petition or approval of a
proposal to amend or repeal a home rule charter, the governing body of the county shall publish
any proposed amendment or repeal of a home rule charter once in the official newspaper of the
county.At least sixty days after publication, the proposed amendment or repeal must besubmitted to a vote of the qualified electors of the county at the next primary or general election.
The electors may accept or reject any amendment or a repeal by a majority vote of qualified
electors voting on the question at the election.11-09.1-07.Commission - Terms of office - Vacancies.The board of countycommissioners shall determine the term of office of the members of the charter commission at
the time the members are appointed. The board of county commissioners shall fill any vacancy
on the charter commission.11-09.1-08. Restriction on proposals to amend or repeal. Repealed by S.L. 1993,ch. 401,