Bill Summary – FastDemocracy

0849.01000
     Sixty-eighth
     Legislative Assembly                   HOUSE BILL NO. 1293
     of North Dakota
     Introduced by
       Representatives Pyle, Nathe, Roers Jones, Schreiber-Beck, Warrey
       Senators Cleary, Dever, Lee, Sorvaag
  A BILL for an Act to amend and reenact sections 40-04.1-01, 40-04.1-05, 40-08-06, 40-08-10,
  40-09-04, 40-09-09, 40-14-03, 40-15-03, 40-49-05, 40-49-07, and 40-49-08 of the North Dakota
  Century Code, relating to election of city commissioners, city council members, and park district
  commissioners.
  BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
      SECTION 1. AMENDMENT. Section 40-04.1-01 of the North Dakota Century Code is
  amended and reenacted as follows:
      40-04.1-01. City council - Membership - Terms.
      The governing body of a city operating under the modern council form of government is the
 city council, which is composed of not less than four members, one of whom is the mayor, all
 elected at large or by wards. Candidates for the council shall run for either mayor or council
 member but not both at the same time. The terms of members of the council shall beis four
 years, orcommencing on the first of July of the year in which the member was elected and until
 their successors are elected and qualified. However, the council shall establish by ordinance a
 procedure whereby one-half of all council members, as nearly as is practicable, are elected
 biennially. The number of council members may be increased or decreased pursuant to section
 40-06-09.
     SECTION 2. AMENDMENT. Section 40-04.1-05 of the North Dakota Century Code is
 amended and reenacted as follows:
     40-04.1-05. Meetings - Regular, special, and for organization.
     The city council shall hold its regular meetings at least once a month and may prescribe by
 ordinance the manner in which special meetings may be called. The city council shall establish
 by resolution or ordinance the date of its regular meetings. The first meeting for the organization
                                              Page No. 1                         23.0849.01000
     Sixty-eighth
     Legislative Assembly
  of the city council must be held on the fourth Tuesday in Junein conjunction with the first
  meeting in July of each even-numbered year.
      SECTION 3. AMENDMENT. Section 40-08-06 of the North Dakota Century Code is
  amended and reenacted as follows:
      40-08-06. Term of office of council members - Staggered terms provided for in cities
  where other than ten council members elected.
      Council members shall hold office for four years and until their successors are elected and
  qualified. Terms of council members must be arranged so that one-half of the council members
  in any city, as nearly as practicable, are elected in any one election. When a city first adopts the
 council form of government or changes the number of council members, or when a city that has
 adopted the commission system of government returns to the city council form of government
 as provided by section 40-04-08, the alternation of the terms of the council members must be
 perfected as follows: of the council members elected in each ward, the one receiving the
 greater number of votes shall serve until the fourth Tuesday in Junefirst day of July following the
 second succeeding biennial election and the one receiving the lesser number of votes shall
 serve until the fourth Tuesday in Junefirst day of July following the biennial election succeeding
 the council member's election; if the city is not divided into wards, the one-half of the council
 members elected in the entire city receiving the greater number of votes shall serve until the
 fourth Tuesday in Junefirst day of July following the second succeeding biennial election and
 the one-half of the council members elected in the entire city receiving the lesser number of
 votes shall serve until the fourth Tuesday in Junefirst day of July following the biennial election
 succeeding their election. Whenever, for any reason, vacancies exist on the council which
 require an unexpired term to be filled by election, the unexpired term must be designated on the
 ballot separate from any other regular term or terms that may also appear on the ballot.
 Candidates seeking nomination to an unexpired term are required to indicate whether or not
 they are seeking a regular term of office or an unexpired term of office on their nominating
 petitions as set forth in section 40-21-07.
     SECTION 4. AMENDMENT. Section 40-08-10 of the North Dakota Century Code is
 amended and reenacted as follows:
                                               Page No. 2                          23.0849.01000
     Sixty-eighth
     Legislative Assembly
      40-08-10. Meetings of council - Regular, special, and for organization.
      The city council shall hold its regular meetings at least once a month on a date certain
  established by resolution or ordinance of the council, and may prescribe by ordinance the
  manner in which special meetings may be called as well as the establishment of any additional
  regular meetings desired. If a regular meeting falls upon a holiday, the meeting must be held
  upon the next business day with the same effect as if conducted upon the day appointed. All
  regular and special meetings must be held at a time and place designated by the city council.
  The first meeting for the organization of the city council must be held on the fourthfirst Tuesday
  in JuneJuly of each even-numbered year.
     SECTION 5. AMENDMENT. Section 40-09-04 of the North Dakota Century Code is
 amended and reenacted as follows:
     40-09-04. Commissioners - Terms - Resignations.
     Each commissioner and the president of the board of city commissioners shall hold office
 for four years commencing on the fourth Tuesday in Junefirst day of July of the year in which
 the officer was elected and until a successor has been duly elected and qualified. The
 commission shall establish by ordinance a procedure whereby one-half of all commissioners, as
 nearly as practicable, are elected biennially. The president or any other member of the board
 may resign from office by filing a written resignation with the city auditor, who shall submit the
 resignation to the board of city commissioners at its next regular meeting or at a special
 meeting called for consideration of the resignation. The resignation is effective upon its
 acceptance by the board.
     SECTION 6. AMENDMENT. Section 40-09-09 of the North Dakota Century Code is
 amended and reenacted as follows:
     40-09-09. Vice president and acting president of board - Powers to act.
     At the first meeting of the board after each biennial electionthe newly elected
 commissioners take office, one of its own members shallmust be elected vice president. The
 vice president shall perform all the duties of the office of president in the absence or disability of
 the president to act. In the absence or disability to act of both the president and the vice
 president, the board shall elect one of its members as acting president, who shall havehas all
 the powers and performperforms all the duties of the president during the absence or disability.
                                                Page No. 3                          23.0849.01000
     Sixty-eighth
     Legislative Assembly
      SECTION 7. AMENDMENT. Section 40-14-03 of the North Dakota Century Code is
  amended and reenacted as follows:
      40-14-03. When term of elective officer begins.
      Under the city council form of government, the term of each elective officer commences on
  the fourth Tuesday of Junefirst day of July of the year in which the officer is elected.
      SECTION 8. AMENDMENT. Section 40-15-03 of the North Dakota Century Code is
  amended and reenacted as follows:
      40-15-03. When term of elective officers begins.
      The term of each elective officer in a city operating under the commission system of
 government commences on the fourth Tuesday in Junefirst day of July of the year in which the
 officer is elected.
     SECTION 9. AMENDMENT. Section 40-49-05 of the North Dakota Century Code is
 amended and reenacted as follows:
     40-49-05. Board of park commissioners in city - Terms.
     1.    The powers of a park district in a city must be exercised by a board of park
           commissioners consisting of five or three members, as determined by the governing
           body of the city in creating the park district or pursuant to sections 40-49-07.1 and
           40-49-07.2. Except as provided in subsection 2, each commissioner shall hold office
           for a term of four years and until a successor is elected and qualified. The term of
           office of a commissioner begins two weeks after the regular biennial city election at
           which the commissioner is electedon the first day of July.
     2.    Members of a newly created five-member board shall hold office as follows:
           a.    Three members until two weeksthe first day of July after the next regular biennial
                 city election.
           b.    Two members until two years from the time mentioned in subdivision a.
     3.    Members of boards of park commissioners which existed before July 1, 1987, shall
           hold office on the staggered basis in effect on June 30, 1986.
     4.    Members of a newly created three-member board shall hold office as follows:
           a.    Two members until two weeksthe first day of July after the next regular biennial
                 city election.
                                               Page No. 4                          23.0849.01000
     Sixty-eighth
     Legislative Assembly
            b.   One member until two yearsthe first day of July after the next regular biennial city
                 election.
      SECTION 10. AMENDMENT. Section 40-49-07 of the North Dakota Century Code is
  amended and reenacted as follows:
      40-49-07. Election and qualification of members of board of park commissioners.
      The members of the board of park commissioners shall possess the qualifications of
  electors of the city and must be elected by the qualified electors of the park district. The
  members of the first board may be elected at any regular city election or at a special election
  called for that purpose by the governing body of the city. Thereafter, members of the board must
 be elected at the regular city elections. Such members shall qualify within two weeks afterby the
 first day of July following their election by taking and filing with the city auditor the oath
 prescribed for civil officers. The board of park commissioners may enter into an agreement with
 the governing body of the city concerning sharing of election personnel, printing of election
 materials, and apportioning of election expenses.
     SECTION 11. AMENDMENT. Section 40-49-08 of the North Dakota Century Code is
 amended and reenacted as follows:
     40-49-08. Organization of board of park commissioners - City auditor to act as
 treasurer of board or board to appoint clerk.
     Two weeks after their electionAt the first meeting of the board of park commissioners in July
 after the regular biennial city election, the members of the board of park commissioners shall
 organize the board by selecting a president and a vice president. The city auditor shall be ex
 officio treasurer of the park district or the board may appoint a clerk and such other employees
 as shall be deemed needed for the efficient conduct of the district's business and shall fix their
 compensation. The clerk shall take the oath prescribed for civil officers and shall obtain such
 bond as may be required by the board.
                                                 Page No. 5                          23.0849.01000
Statutes affected: 
INTRODUCED: 40-04.1-01, 40-04.1-05, 40-08-06, 40-08-10, 40-09-04, 40-09-09, 40-14-03, 40-15-03, 40-49-05, 40-49-07, 40-49-08
FIRST ENGROSSMENT: 40-04.1-01, 40-04.1-05, 40-08-06, 40-08-10, 40-09-04, 40-09-09, 40-14-03, 40-15-03, 40-49-05, 40-49-07, 40-49-08
Enrollment: 40-04.1-01, 40-04.1-05, 40-08-06, 40-08-10, 40-09-04, 40-09-09, 40-14-03, 40-15-03, 40-49-05, 40-49-07, 40-49-08