25.0990.03000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Senators Paulson, Castaneda, Luick
Representatives D. Ruby, VanWinkle, Wolff
A BILL for an Act to amend and reenact subsection 1 of section 54-10-14, subsection 1 of
section 54-10-15, and sections 61-35-09 and 61-35-10 of the North Dakota Century Code,
relating to oversight of water districts.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Subsection 1 of section 54-10-14 of the North Dakota Century
Code is amended and reenacted as follows:
1.The state auditor shall audit the following political subdivisions once every two years,
except as provided in this section or otherwise by law:
a.Counties.
b.Cities, and when a city is audited, to include any political subdivision that was
created by the city and has bonding authority.
c.Park districts.
d.School districts.
e.Firefighters relief associations.
f.Airport authorities.
g.Public libraries.
h.Water resource districts, created under chapter 61 - 16 and operating under
chapter 61 - 16.1 .
i.Garrison Diversion Conservancy District.
j.Rural fire protection districts.
k.Special education districts.
l.Area career and technology centers.
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ENGROSSED SENATE BILL NO. 2299
FIRST ENGROSSMENT
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m.Correction centers.
n.Recreation service districts.
o.Weed boards.
p.Irrigation districts.
q.Rural ambulance service districts.
r.Southwest water authority.
s.Regional planning councils.
t.Soil conservation districts.
u.Western area water supply authority industrial water sales on an annual basis.
v.Water districts subject to chapter 61 - 35.
SECTION 2. AMENDMENT. Subsection 1 of section 54-10-15 of the North Dakota Century
Code is amended and reenacted as follows:
1.The state auditor, by duly appointed deputy auditors or other authorized agents, shall
audit or review the books, records, and financial accounts of any political subdivision
when ordered by the legislative audit and fiscal review committee. The state auditor,
by duly appointed auditors or other authorized agents, may audit or review the books,
records, and financial accounts of any political subdivisions when requested by the
governor, requested by the governing board, or upon petition of at least thirty-five
percent of the qualified electors of any political subdivision enumerated in section
54-10-14 voting for the office of governor at the preceding general election or, in the
case ofregarding school districts, upon petition of at least thirty-five percent of the
qualified electors voting at the preceding school board election, regarding water
districts subject to chapter 61 - 35, upon a petition of at least ten percent or three
hundred participating members, whichever is fewer, or upon the request of the state
court administrator with respect to clerk of district court services provided by a county
in accordance with chapter 27-05.2. Fees for the audits must be paid in accordance
with the provisions of section 54-10-14.
SECTION 3. AMENDMENT. Section 61-35-09 of the North Dakota Century Code is
amended and reenacted as follows:
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61-35-09. Bylaws submitted at special meeting.
Within thirty days after election of the original board, proposed bylaws must be submitted
for adoption at a special meeting of members of the district, written notice of which must be
mailed to each member. Members present at the special meeting may adopt or amend any of
the proposed bylaws, and may propose and adopt alternative or additional bylaws by a majority
vote. The bylaws may subsequently be amended at any annual or special meeting of the
participating members of the district. However, the bylaws of each district must provide:
1.For an annual meeting of participating members each year after the year of
organization of the district and for mailing of written notice of the time and place of
each annual meeting to each participating member and publication of the notice in the
official newspaper of the county or counties served by the district not less than ten nor
more than thirty days before each meeting.
2.That each participating member of the district is entitled to one vote at all annual and
special meetings of the district for each benefit unit to which the member has
subscribed.
3.That each participating member seeking election to the board shall present a petition
containing signatures of ten participating members. All petitions must be submitted to
the secretary of the board or nominating committee at least forty - five days before the
election or by the mail election deadline established under the district's bylaws. Any
participating member who submits a petition must be added to the ballot, provided
they reside in the appropriate district and qualify to serve as a director under the
district's bylaws.
SECTION 4. AMENDMENT. Section 61-35-10 of the North Dakota Century Code is
amended and reenacted as follows:
61-35-10. Directors divided into classes - Terms - Vacancies.
1.The initial board of each district shall divide its members by lot into three classes of as
nearly equal size as possible. The terms of the directors in the first, second, and third
classes expire on dates of the annual meetings in the first, second, and third years,
respectively, following the year in which the district is organized, or as soon thereafter
as their successors are elected and have qualified.
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2.At the annual meeting in each year after the year in which the district is organized, a
director must be elected to succeed each director whose term of office expires on that
date, and each director so elected holds office for a term of three years and until a
successor is elected and has qualified.
3.Vacancies must be filled for the unexpired term by appointment by the remaining
directors until the next annual meeting of participating members, at which the
participating members shall elect a director for the unexpired term.
4.All elections held under this chapter must be conducted to allow participating members
to access all stages of the election process, including voting and vote tabulation in a
uniform and nondiscriminatory manner. Each meeting must be arranged in a manner
that permits each participating member to plainly observe the election process.
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