2014 North Dakota Century Code Title 11 Counties Chapter 11-09.1 Home Rule Counties
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CHAPTER 11-09.1
HOME RULE COUNTIES
11-09.1-01. Methods of proposing home rule charter.
The board of county commissioners 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 of
charter - 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. Actual expenses incurred by charter commission
members may be reimbursed at the official reimbursement rates of the appointing authority. 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 than two 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 and
conflicting 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
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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 provisions of
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; or
c. 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 charter commission 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; and
g. 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
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7.
multicounty area on the first day of January following the election or other effective
date specified in the charter.
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 in reasonable 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, for its
public and proprietary functions, 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 use taxes, 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 fuel used to power motor vehicles,
aircraft, locomotives, or watercraft, or to electricity, piped natural or artificial gas,
or other 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 a
calendar 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.
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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 not diminish
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.
The 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 as
applicable, 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. Sales tax revenue transfer to school districts prohibited.
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 may be 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
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home rule charter once in the official newspaper of the county. At least sixty days after
publication, the proposed amendment or repeal must be submitted 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 county commissioners 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, § 53.
11-09.1-09. Manner of calling and holding elections.
The elections provided for in this chapter are subject to the laws applicable to other
elections of the county. All qualified electors of the county are eligible to vote at the election. The
charter commission, for proposals to adopt a home rule charter, or the governing body of the
county, for proposals to amend or repeal a home rule charter, shall prescribe the form of ballot
so that the voter may signify whether the voter is for or against the proposed home rule charter
or the amendment or repeal.
11-09.1-10. Effect of amendment or repeal on salary or term of office.
On the first day of January following repeal of a home rule charter, the county reverts to the
form of government of the county immediately preceding adoption of the home rule charter. If
positions to which officials were elected under the home rule charter are substantially the same
as positions under the form of government to which the county reverts upon repeal, the elected
officials shall continue to exercise the authority of their positions for the salary prescribed by the
home rule charter until expiration of their terms of office as prescribed by the home rule charter.
No amendment of a home rule charter may shorten the term for which any official was elected
or reduce the salary of the official's office for that term.
11-09.1-11. General powers preserved.
All powers granted counties by general law are powers of home rule counties.
11-09.1-12. Vested property - Rights of action - Actions saved.
The adoption of any charter or amendment does not destroy any property, action, right of
action, claim, or demand of any nature vested in the county. All rights of action, claims, or
demands are preserved to the county and to any persons asserting any claims against the
county as completely as though the charter or amendment had not been adopted. The adoption
of any charter or amendment affects neither the right of the county to collect special
assessments previously levied under any law or charter for the purpose of public improvements,
nor impairs the obligation of any existing contract to which the county is a party.
11-09.1-13. Enforcement of criminal penalties.
A county that has adopted a home rule charter may impose a penalty for a violation of an
ordinance through a citation, a criminal complaint, or an information through the district court in
the county where the offense occurred. The penalty for a violation of an ordinance may be an
infraction or a class B misdemeanor.
11-09.1-14. Payment of expenses for indigent defense services.
The home rule county must pay for an attorney and those expenses necessary for the
adequate defense of an indigent person prosecuted for violation of a home rule county
ordinance.
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