§ 23-35-05 — Health districts - Expansion - Merger

1. Upon adoption of a resolution, a county that is not included in any public health unit
may request inclusion as a part of an existing health district. Upon receipt of a request
to become part of an existing health district, the district board of health shall consider
the request and, if the board approves the request by a majority vote, shall submit the
matter to each county in the health district. If a majority of the counties approve the
request by a majority vote, the requesting county becomes a part of the health district.
2. Upon expansion of a health district under this section, the number of board of health
members must be adjusted to allow the added county the same proportion of
members allowed to member cities and counties of the existing health district as
determined under this chapter.
3. Any two or more health districts may merge into a single health district upon a majority
vote of the respective boards of health and a majority vote of the governing body of
each county. The assets of each merging health district become the property of the
newly created health district. Board of health membership of a new health district must
be determined under section 23-35-03, unless otherwise decided by the board. The
new health district maintains the same authority and powers of the previous health
districts. The mill levy of the newly created health district is not limited by the old mill
levy but may not exceed the amount allowed under section 23-35-07, unless one or
more of the combining entities was previously levying more than five mills, in which
case the mill levy for property within the former entity that was levying more than five
mills may not exceed the cap, expressed in mills, as previously authorized for that
entity.
4. Upon adoption of a health district plan by two or more counties, the joint board of
county commissioners shall appoint a district board of health.