# Title 11 — Counties

## Chapter 11-11.1 — Job Development Authorities

### § 11-11.1-01. Job development authority - Board of directors' members qualifications.

1. The board of county commissioners, by resolution, may create a job development
authority for the county, or may discontinue a job development authority which has
been created for the county.
a. If the authority is created, the question of discontinuing the authority may be
placed on the ballot at the next regular election by petition filed with the county
auditor at least ninety days before any countywide election and signed by
electors of the county who are residents of the area subject to taxation under
section 11-11.1-04 equal in number to ten percent of the votes cast in the county
in the area subject to taxation under section 11-11.1-04 for the office of governor
in the last general election.
b. The question to be voted on at the election must be submitted by ballot in
substantially the following form:
Should the (insert name of job development authority) Yes ☐
be terminated? No ☐
c. Only electors of the county who are residents of the area subject to taxation
under section 11-11.1-04 may vote on the question to discontinue the authority.
The question to discontinue the authority requires a majority of the electors voting
on the question for passage.
2. If the authority is created, a board of directors of not fewer than ten nor more than
twenty members must be appointed by the county commissioners and must consist of
representatives from the following groups, as they may exist:
a. Two members from the county commission.
b. One member from the city council or commission of each city within the county
which has a population of five hundred or more.
c. One member selected from among the city governments of the remaining cities of
the county.
d. If a majority of the townships in the county are organized townships, two
members selected from the township governments of the organized townships in
the county.
e. The remaining members must be selected from a list of candidates from the
following fields:
(1) A representative of the local job service office nearest the county seat.
(2) A member of the local airport authority.
(3) A member of a local institution of higher education.
(4) A member from among the school boards of the county.
(5) A member from a local industrial development organization.
(6) A member of the regional planning council serving the county.
(7) A member of the legislative assembly representing a district within the
county.
(8) Members at large from the county.
3. The county commissioners shall make appointments to the board from a slate of
candidates submitted by the chambers of commerce within the county. If no chamber
of commerce exists in the county, the nominations may be submitted by any civic or
patriotic organization within the county. If names submitted are unacceptable, the
county commission may request additional nominees. The members must be
appointed without regard to political affiliation and upon their fitness to serve as
members by reason of character, experience, and training. All members of the board
who do not reside in the area subject to taxation under section 11-11.1-04 are
nonvoting members of the board.
4. The board of county commissioners in a county where an active industrial
development organization exists may enter a contract with the industrial development
organization for performance of the functions of a job development authority or joint

job development authority as provided in this chapter and may use the proceeds of the
levy authority under section 11-11.1-04 for that purpose.
5. Notwithstanding any provision in this chapter, if a board of county commissioners
elects to contract with an active economic development organization to perform the
functions of a job development authority:
a. The board of county commissioners, as an alternative to subsections 2 and 3,
may authorize the board of directors of an active economic development
organization to serve as the board of directors for the job development authority
authorized under this chapter.
b. The board of directors of the active economic development organization may
elect to seat some or all of the organization's board of directors on the board of
directors of the job development authority. The board of directors of the
job development authority must be approved by the board of county
commissioners.
### § 11-11.1-01.1. Joint job development authority - Board of directors.

The boards of county commissioners of two or more counties, by resolution, may create a
joint job development authority for the counties. If the authority is created, boards of county
commissioners shall appoint a board of directors in the size and manner established in the
resolution. The resolution must include provision for discontinuing the authority by the boards of
county commissioners. If the authority is created, the question of discontinuing the authority
may be placed on the ballot at the next regular election by petition signed by electors, who are
residents of the area subject to taxation under section 11-11.1-04, of any county creating the
authority equal in number to ten percent of the votes cast in that county for the office of
governor in the last general election. The question to discontinue the authority requires a
majority of the electors voting on the question in that county for passage. Only electors of the
county who are residents of the area subject to taxation under section 11-11.1-04 may vote on
the question to discontinue the authority. If the question to discontinue in any county creating
the authority is passed, the authority is discontinued.
### § 11-11.1-02. Members of the job development authority board of directors - Term of

office - Oath - Expenses.
The members of the job development authority board of directors and the joint job
development authority board of directors shall serve for a term of three years or until their
successors are duly qualified. Terms of office begin on January first and must be arranged so
that the terms of office of approximately one-third of the members expire on December
thirty-first of each year. Each member of the board shall qualify by taking the oath provided for
civil officers. The oath must be filed with the county auditor.
The board of directors shall annually elect members to serve as chairman, vice chairman,
secretary, and treasurer. The board shall also select an executive committee with such powers
and duties as may be delegated by the board. The appointing authority shall establish the rate
of compensation for the board members and actual expenses incurred by the members may be
reimbursed at the official reimbursement rates of the appointing authority.
### § 11-11.1-03. Powers and duties of job development authorities.

The job development authority or joint job development authority shall use its financial and
other resources to encourage and assist in the development of employment and promotion of
tourism within the county or counties. In fulfilling this objective, the authority may exercise the
following powers:
1. To sue and be sued.
2. To make and execute contracts and other instruments necessary or convenient to the
exercise of the powers of the authority.
3. To hire professional personnel skilled in seeking and promoting new or expanded
opportunities within the county or counties.

4. To make, amend, and repeal resolutions consistent with the provisions of this chapter
as necessary to carry into effect the powers and purposes of the authority.
5. To acquire by gift, trade, or purchase, and to hold, improve, and dispose of property.
6. To certify a tax levy as provided in section 11-11.1-04 and to expend moneys raised by
the tax for the purposes provided in this chapter. A job development authority may
accept and expend moneys from any other source.
7. To insure or provide for insurance of any property in which the authority has an
insurable interest.
8. To invest any funds held by the authority.
9. To cooperate with political subdivisions in exercising any of the powers granted by this
section, including enabling agreements permitted under chapter 54-40.
10. To loan, grant, or convey any funds or other property held by the authority for any
purpose necessary or convenient to carry into effect the objective of the authority
established by this chapter.
11. To use existing uncommitted funds held by the authority to guarantee loans or make
other financial commitments to enhance economic development.
12. To take equity positions in, provide loans to, or use other innovative financing
mechanisms to provide capital for new or expanding businesses in this state or for
businesses relocating to this state.
13. To exercise any other powers necessary to carry out the purposes and provisions of
this chapter.
### § 11-11.1-04. Tax levy for job development authorities - Financial report.

The board of county commissioners of a county which has a job development authority or
joint job development authority shall establish a job development authority fund and may levy a
tax not exceeding the limitations in subsection 14 of section 57-15-06.7. In the year for which
the levy is sought, a job development authority or joint job development authority seeking
approval of a property tax levy under this chapter must file with the county auditor, at a time and
in a format prescribed by the county auditor, a financial report for the preceding calendar year
showing the ending balances of each fund held by the job development authority or joint job
development authority during that year. The county treasurer shall keep the job development
authority fund separate from other money of the county. The county treasurer shall transmit all
funds received pursuant to this section within thirty days to the board of directors of the
authority. The funds when paid to the authority must be deposited in a special account, or
special accounts if the authority chooses to maintain a separate account for promotion of
tourism, in which other revenues of the authority are deposited. Moneys received by the job
development authority from any other source must also be deposited in the special accounts.
The moneys in the special accounts may be expended by the authority as provided in sections
### § 11-11.1-05. Organization of authorities - Temporary mill levy.

Repealed by S.L. 2015, ch. 62, § 18.
### § 11-11.1-06. Alternative levy for industrial development organizations.

Repealed by S.L. 2015, ch. 439, § 104.
### § 11-11.1-07. Dedication of tax revenues.

The governing body of a county may dedicate any portion of revenues from the tax
authorized under this chapter or moneys received from any other source to payment of any loan
entered or grant awarded for any purpose necessary or convenient to carry into effect the
objective of the authority established by this chapter.
