An act to create and enact a new section to chapter 11-09.1 and a new section to chapter 40-05.1 of the North Dakota Century Code, relating to a county home rule charter and city home rule charter conforming with statute, the official text

Sixty-ninth Legislative Assembly of North Dakota In Regular Session Commencing Tuesday, January 7, 2025
SENATE BILL NO. 2324 (Senators Bekkedahl, Davison, Lee, Patten)
(Representatives Bosch, Grindberg)
AN ACT to create and enact a new section to chapter 11-09.1 and a new section to chapter 40-05.1 of the North Dakota Century Code, relating to a county home rule charter and city home rule charter conforming with statute or court order; and to amend and reenact sections 11-09.1-06 and 40-05.1-07 of the North Dakota Century Code, relating to the amendment or repeal of a county and city home rule charter.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA: SECTION 1. AMENDMENT. Section 11-09.1-06 of the North Dakota Century Code is amended and
reenacted as follows: 11-09.1-06. Amendment or repeal. TheExcept as provided in section 2 of this Act, the home rule charter adopted by anya 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be amended or repealed by a proposal by the governing body of the county or by petition of the number of electors provided in section 11-09.1-01, submitted to and ratified by the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 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.
SECTION 2. A new section to chapter 11-09.1 of the North Dakota Century Code is created and enacted as follows:
Conformance with statute or court order - Amendment. 1. When a portion of a home rule charter is preempted, superseded, or invalidated by a
legislative act or a court order, the county may amend portions of the home rule charter by a resolution adopted by the governing body of the county. The resolution must reference the authority supporting the amendment. 2. A resolution passed under subsection 1 is effective after adoption by the governing body of the county. A petition, approval, or vote by the electors of the county is not required to amend a county's home rule charter under this section. Within thirty days after adoption of the resolution, the county shall publish the resolution once in the official newspaper of the county or on the official county website. 3. An amendment to a charter of a home rule county intended to add any power enumerated in section 11-09.1-05, which was not included in the county's original home rule charter, may not be amended under this section and must be amended under section 11-09.1-06. The county auditor shall file a copy of an amendment to a charter of a home rule county with the secretary of state. SECTION 3. AMENDMENT. Section 40-05.1-07 of the North Dakota Century Code is amended and reenacted as follows:

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40-05.1-07. Amendment or repeal. TheExcept as provided in section 4 of this Act, the home rule charter adopted by any city may be amended or repealed by proposals submitted to and ratified by the qualified electors of the city in the same general manner provided in sections 40-05.1-02 and 40-05.1-04 for the adoption of the charter. Amendments may be proposed by the governing body of the city or by petition of the number of electors provided in section 40-05.1-02 and submitted to the voters at the same election. The voters may at their option accept or reject any or all of the amendments by a majority vote of qualified electors voting on the question at the election. A proposal to repeal a home rule charter that has been adopted must likewise be submitted to the electors of the city as set forth in this section. One copy of a ratified amendment or a repeal of a home rule charter must be filed with the secretary of state and one with the city auditor. Upon proper filing of the amendment or repeal, the courts shall take judicial notice of the amendment or repeal. SECTION 4. A new section to chapter 40-05.1 of the North Dakota Century Code is created and enacted as follows: Conformance with statute or court order - Amendment. 1. When a portion of a home rule charter is preempted, superseded, or invalidated by a
legislative act or a court order, the city may amend portions of the home rule charter by a resolution adopted by the governing body of the city. The resolution must reference the authority supporting the amendment. 2. A resolution passed under subsection 1 is effective after adoption by the governing body of the city. A petition, approval, or vote by the electors of the city is not required to amend a city's home rule charter under this section. Within thirty days after adoption of the resolution, the city shall publish the resolution once in the official newspaper of the city or on the website of the city. 3. An amendment to a charter of a home rule city intended to add any power enumerated in section 40-05.1-06, which was not included in the city's original home rule charter, may not be amended under this section and must be amended under section 40-05.1-07. The city auditor shall file a copy of an amendment to a charter of a home rule city with the secretary of state.

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____________________________ President of the Senate

____________________________ Speaker of the House

____________________________ Secretary of the Senate

____________________________ Chief Clerk of the House

This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North Dakota and is known on the records of that body as Senate Bill No. 2324.

Senate Vote: House Vote:

Yeas 45 Yeas 85

Nays 1 Nays 6

Absent 1 Absent 3

____________________________ Secretary of the Senate
Received by the Governor at ________M. on _____________________________________, 2025. Approved at ________M. on __________________________________________________, 2025.

____________________________ Governor
Filed in this office this ___________day of _______________________________________, 2025, at ________ o’clock ________M.

____________________________ Secretary of State