N.D. Cent. Code § 11-09.1-04.1

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

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
lection.

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.