This bill amends and reenacts sections of the North Dakota Century Code related to the amendment or repeal of county and city home rule charters. Specifically, it modifies sections 11-09.1-06 and 40-05.1-07 to clarify that home rule charters may be amended or repealed by proposals from the governing bodies or through petitions from electors, which must then be ratified by a majority vote. The bill introduces new provisions that allow counties and cities to amend their home rule charters without requiring a vote from the electors when a portion of the charter is preempted, superseded, or invalidated by a legislative act or court order.
The new sections stipulate that such amendments can be made through a resolution adopted by the governing body, which must reference the authority for the amendment. This resolution becomes effective immediately upon adoption and must be published within thirty days. However, any amendments intended to add powers not included in the original charter must still follow the traditional amendment process requiring voter approval. The bill aims to streamline the process for local governments to ensure their charters remain compliant with state law and court rulings.
Statutes affected: INTRODUCED: 11-09.1-06
Adopted by the Senate State and Local Government Committee: 11-09.1-06, 40-05.1-07
FIRST ENGROSSMENT: 11-09.1-06, 40-05.1-07
Adopted by the House Political Subdivisions Committee: 11-09.1-06, 40-05.1-07
Enrollment: 11-09.1-06, 40-05.1-07