Committee approves mechanism to let cities, counties clean up home rule charters after state law or court changes

The Political Subdivisions Committee approved Senate Bill 23‑24 as amended, a bill that lets cities and counties adopt resolutions to update home rule charter language after state law changes or court rulings make portions of a charter nonconforming.

Senator Brad Beckettall, the bill sponsor, said the measure responds to housekeeping conflicts that arise when the Century Code or court interpretations change after voters adopt a home rule charter. "Since these are housekeeping language revisions to conform to code and remove the nonconforming portions, it made sense to me that the revisions could occur by a commission resolution," Beckettall said. He stressed the bill would not let a charter be expanded to add powers that were not included in the original charter; those actions would still require a public vote under the cited statute.

Stephanie Ingebretsen, appearing for the North Dakota League of Cities, supported the bill as a tool to keep charters current when legislative or judicial changes make charter language obsolete. She told the committee the draft requires an explanatory resolution identifying the legal authority prompting a change and a requirement that the resolution be posted on the city or county website and filed with the Secretary of State. Ingebretsen said the change would reduce confusion when voters see language in a charter that no longer reflects current law.

Committee members asked whether the change would strip voter prerogatives; Ingebretsen said the measure is intended only to conform charter text to current law and specifically prohibits using the process to add any power not included in the original charter. Representative Hager raised a constitutional concern about perceived erosion of home rule; supporters replied that the bill conforms charters to existing state law or court orders and does not itself alter the substantive powers voters have previously granted.

An amendment to correct a typographical reference (changing a mistaken reference from "county" to "city" on page 3, line 12) was offered by Representative Vosley, seconded by Representative Clamine, and passed 11 yea, 0 nay, 2 absent. Representative Moschenbacher moved passage as amended; Representative Bosley seconded. The committee passed Senate Bill 23‑24 as amended, 10 yea, 1 nay, 2 absent not voting.

The bill requires the political subdivision to post the resolution and file it with the Secretary of State; it does not require a public hearing or a second public vote when used only to conform charter language to statute or court decisions.