12 | | - | SECTION 1. LEGISLATIVE MANAGEMENT STUDY - PROPERTY TAX REFORM FOR |
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13 | | - | RESIDENTIAL PROPERTY. |
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14 | | - | 1.During the 2025-26 interim, the legislative management shall consider studying |
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15 | | - | property tax reform for residential property, including the feasibility of imposing |
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16 | | - | limitations on taxable valuation increases and of replacing the current property tax |
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17 | | - | structure for residential property with a price per square foot taxation method. The |
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18 | | - | study must include: |
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19 | | - | a.A review of the current property tax system for residential property, including |
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20 | | - | procedures for property assessment, the function of the equalization and |
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21 | | - | abatement process, and the process for determining taxing district budgets. |
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22 | | - | b.Consideration of methods to limit the growth of residential property values, |
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23 | | - | including potential advantages and disadvantages for property owners and taxing |
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24 | | - | districts. |
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25 | | - | c.Consideration of implementation and administration of a new taxation method |
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26 | | - | based on a price per square foot, the potential impact of the new taxation method |
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27 | | - | on taxpayers and taxing districts, potential unintended consequences related to a |
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28 | | - | transition from the current ad valorem taxation system to a new taxation method, |
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29 | | - | Page No. 1 25.1184.02000 |
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30 | | - | ENGROSSED HOUSE BILL NO. 1474 |
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31 | | - | FIRST ENGROSSMENT |
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51 | | - | 20 Sixty-ninth |
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52 | | - | Legislative Assembly |
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53 | | - | and potential approaches to mitigate unintended consequences related to the |
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54 | | - | transition to a new taxation method. |
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55 | | - | 2.The legislative management shall report its findings and recommendations, together |
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56 | | - | with any legislation required to implement the recommendations, to the seventieth |
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57 | | - | legislative assembly. |
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58 | | - | Page No. 2 25.1184.02000 |
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| 32 | + | Page No. 1 25.1184.01000 |
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| 33 | + | HOUSE BILL NO. 1474 |
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| 57 | + | 23 Sixty-ninth |
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| 58 | + | Legislative Assembly |
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| 59 | + | SECTION 1. AMENDMENT. Section 11-23-05 of the North Dakota Century Code is |
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| 60 | + | amended and reenacted as follows: |
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| 61 | + | 11-23-05. Computing amount of levy. |
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| 62 | + | 1.The amount which the board of county commissioners shall levy as the county |
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| 63 | + | ad valorem tax shall be computed by adding together the amounts of the annual |
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| 64 | + | appropriation and of that part of any special appropriation which is to be raised by |
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| 65 | + | taxation and deducting therefrom so much of the probable receipts from all sources, |
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| 66 | + | including square footage tax levied under section 18 of this Act, except loans, and so |
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| 67 | + | much of the unappropriated balance in the county treasury at the close of the auditor's |
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| 68 | + | books for the previous year as the board deems advisable. |
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| 69 | + | 2.The board, on or before the October meeting required by section 11-11-05, shall |
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| 70 | + | determine the amount of ad valorem taxes that shall be levied for county purposes and |
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| 71 | + | the square footage tax rate for purposes of the tax under section 18 of this Act and |
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| 72 | + | shall levy all such taxes in specific amounts. |
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| 73 | + | SECTION 2. AMENDMENT. Section 11-28.3-03 of the North Dakota Century Code is |
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| 74 | + | amended and reenacted as follows: |
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| 75 | + | 11-28.3-03. Notice of election. |
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| 76 | + | In addition to the usual requirements of notices of election, the notice for an election at |
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| 77 | + | which the question provided for in this chapter will be voted upon must include a statement |
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| 78 | + | describing the boundaries of the proposed rural ambulance service district, expressed, |
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| 79 | + | wherever possible, in terms of the government survey, a statement setting forth a maximum |
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| 80 | + | allowed mill levy and square footage tax rate for the proposed district, which levy may not |
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| 81 | + | exceed the limitation in section 11-28.3-09. The notice of election also must state the voting |
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| 82 | + | areas in which the question provided by this chapter will be on the ballot. |
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| 83 | + | SECTION 3. AMENDMENT. Section 11-28.3-04 of the North Dakota Century Code is |
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| 84 | + | amended and reenacted as follows: |
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| 85 | + | 11-28.3-04. Form of ballot - Vote required to approve. |
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| 86 | + | 1.The ballot on the question of forming a rural ambulance service district must be in |
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| 87 | + | substantially the following form: |
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| 88 | + | Shall (name of taxing district or districts) levy a tax for the purpose of forming a |
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| 89 | + | rural ambulance district of not to exceed _______ mills for the purpose of forming |
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| 90 | + | Page No. 2 25.1184.01000 |
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| 121 | + | 31 Sixty-ninth |
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| 122 | + | Legislative Assembly |
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| 123 | + | a rural ambulance districtcommercial, agricultural, and centrally assessed |
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| 124 | + | property, $_______ per residential land square foot, and $_______ per |
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| 125 | + | residential structure square foot? |
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| 126 | + | Yes ☐ |
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| 127 | + | No ☐ |
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| 128 | + | 2.The square footage tax rates must be determined in accordance with the requirements |
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| 129 | + | of section 18 of this Act. |
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| 130 | + | 3.If a majority of all the votes cast on the question of levying a tax and forming a rural |
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| 131 | + | ambulance service district are in favor of such athe tax levy, then the formation of the |
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| 132 | + | district is approved. |
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| 133 | + | SECTION 4. AMENDMENT. Section 11-28.3-09 of the North Dakota Century Code is |
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| 134 | + | amended and reenacted as follows: |
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| 135 | + | 11-28.3-09. Emergency medical service policy - Levy - Financial report. |
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| 136 | + | 1.The board of directors shall establish a general emergency medical service policy for |
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| 137 | + | the district and annually shall estimate the probable expense for carrying out that |
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| 138 | + | policy. The estimate must be certified by the president and secretary to the proper |
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| 139 | + | county auditor or county auditors, on or before August tenth of each year. In the year |
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| 140 | + | for which the levy is sought, a board of directors of a rural ambulance service district |
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| 141 | + | seeking approval of a property tax levy under this chapter shall file with the county |
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| 142 | + | auditor of the counties within the rural ambulance service district, at a time and in a |
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| 143 | + | format prescribed by the county auditors, a financial report for the preceding calendar |
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| 144 | + | year showing the ending balances of each fund held by the rural ambulance service |
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| 145 | + | district during that year. The board or boards of county commissioners may levy a tax |
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| 146 | + | not to exceed the mill rate and square footage rates approved by the electors of the |
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| 147 | + | district under section 11-28.3-04. If the board wishes to levy a tax in excess of that |
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| 148 | + | approved by the electors, the board, upon its own motion, may place the question of |
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| 149 | + | increasing the maximum allowable mill levy and square footage rates for the electors |
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| 150 | + | to approve at a regular or special election. The amount of ad valorem tax levied under |
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| 151 | + | this section may not exceed a mill rate of fifteen mills upon the taxable property within |
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| 152 | + | the district for the maintenance of the rural ambulance service district for the fiscal |
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| 153 | + | year as provided by law. |
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| 185 | + | 31 Sixty-ninth |
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| 186 | + | Legislative Assembly |
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| 187 | + | 2.The tax levied for a rural ambulance service district must be: |
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| 188 | + | a.Collected as other taxes are collected in the county. |
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| 189 | + | b.Deposited by the secretary-treasurer in a bank or credit union account. |
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| 190 | + | c.Paid out upon warrants drawn upon the district account by authority of the board |
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| 191 | + | of directors of the district, bearing the signature of the secretary-treasurer and the |
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| 192 | + | countersignature of the president. |
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| 193 | + | 3.The amount of the tax levy, including ad valorem taxes and square footage taxes |
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| 194 | + | authorized under section 18 of this Act, may not exceed the amount of funds required |
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| 195 | + | to defray the expenses of the district for a period of one year as embraced in the |
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| 196 | + | annual estimate of expense, including the amount of principal and interest upon the |
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| 197 | + | indebtedness of the district for the ensuing year. The district may include in its |
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| 198 | + | operating budget no more than ten percent of its annual operating budget as a |
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| 199 | + | depreciation expense to be set aside in a dedicated emergency medical services |
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| 200 | + | sinking fund deposited with the treasurer for the replacement of equipment and |
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| 201 | + | ambulances. The ten percent emergency medical services sinking fund may be in |
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| 202 | + | addition to the actual annual operating budget, but the total of the annual operating |
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| 203 | + | budget and the annual ten percent emergency medical services sinking fund shall not |
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| 204 | + | exceed the amount of revenue that would be generated by application of the |
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| 205 | + | maximum mill levy and square footage rates approved by the electors. |
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| 206 | + | 4.If an ambulance operations area identified by the department of health and human |
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| 207 | + | services under section 23-27-01 is situated, in whole or in part, within the boundaries |
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| 208 | + | of a rural ambulance service district formed under this chapter, and the district does |
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| 209 | + | not provide emergency medical services to the territory in the ambulance operations |
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| 210 | + | area, whether directly or through a contract under section 11-28.3-12, the property |
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| 211 | + | situated in the ambulance operations area which does not receive emergency medical |
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| 212 | + | services from the district is exempt from the district's tax levy under this section. |
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| 213 | + | Changes to the ambulance operations area will not impact the district under this |
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| 214 | + | section until the subsequent tax year. The excluded territory remains responsible and |
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| 215 | + | must discharge its proportionate share of outstanding obligations pursuant to the |
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| 216 | + | procedure under section 11-28.3-17. |
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| 217 | + | Page No. 4 25.1184.01000 |
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| 247 | + | 30 Sixty-ninth |
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| 248 | + | Legislative Assembly |
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| 249 | + | SECTION 5. AMENDMENT. Subsection 2 of section 11-28.3-17 of the North Dakota |
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| 250 | + | Century Code is amended and reenacted as follows: |
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| 251 | + | 2.Mill leviesLevies imposed under section 11-28.3-09 remain in effect until the |
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| 252 | + | proportionate share of outstanding obligations are paid. |
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| 253 | + | SECTION 6. AMENDMENT. Subsection 4 of section 15.1-27-04.1 of the North Dakota |
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| 254 | + | Century Code, as effective after June 30, 2025, is amended and reenacted as follows: |
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| 255 | + | 4.After determining the product in accordance with subsection 3, the superintendent of |
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| 256 | + | public instruction shall: |
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| 257 | + | a.Subtract an amount equal to sixty mills multiplied by the taxable valuation of all |
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| 258 | + | property classifications in the school district in taxable year 2025; and |
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| 259 | + | b.Subtract an amount equal to seventy-five percent of all revenue types listed in |
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| 260 | + | subdivisions c and d of subsection 1. Before determining the deduction for |
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| 261 | + | seventy-five percent of all revenue types, the superintendent of public instruction |
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| 262 | + | shall adjust revenues as follows: |
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| 263 | + | (1)Tuition revenue shall be adjusted as follows: |
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| 264 | + | (a)In addition to deducting tuition revenue received specifically for the |
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| 265 | + | operation of an educational program provided at a residential |
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| 266 | + | treatment facility, tuition revenue received for the provision of an adult |
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| 267 | + | farm management program, tuition received for the education of |
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| 268 | + | high-cost and special education students, and tuition received under |
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| 269 | + | an agreement to educate students from a school district on an |
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| 270 | + | air force base with funding received through federal impact aid as |
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| 271 | + | directed each school year in paragraph 3 of subdivision c of |
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| 272 | + | subsection 1, the superintendent of public instruction also shall reduce |
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| 273 | + | the total tuition reported by the school district by the amount of tuition |
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| 274 | + | revenue received for the education of students not residing in the |
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| 275 | + | state and for which the state has not entered a cross-border education |
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| 276 | + | contract; and |
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| 277 | + | (b)The superintendent of public instruction also shall reduce the total |
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| 278 | + | tuition reported by admitting school districts meeting the requirements |
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| 279 | + | of subdivision e of subsection 2 of section 15.1-29-12 by the amount |
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| 311 | + | 31 Sixty-ninth |
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| 312 | + | Legislative Assembly |
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| 313 | + | of tuition revenue received for the education of students residing in an |
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| 314 | + | adjacent school district. |
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| 315 | + | (2)After adjusting tuition revenue as provided in paragraph 1, the |
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| 316 | + | superintendent shall reduce all remaining revenues from all revenue types |
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| 317 | + | by the percentage of mills levied in 2022 by the school district for sinking |
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| 318 | + | and interest relative to the total mills levied in 2022 by the school district for |
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| 319 | + | all purposes. |
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| 320 | + | SECTION 7. AMENDMENT. Section 18-10-07 of the North Dakota Century Code is |
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| 321 | + | amended and reenacted as follows: |
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| 322 | + | 18-10-07. Fire protection policy to be determined - Financial report - Tax levy limit - |
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| 323 | + | Vote-approved ad valorem levy authority. |
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| 324 | + | 1.The board of directors shall determine a general fire protection policy for the district |
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| 325 | + | and shall annually estimate the probable expense for carrying out the contemplated |
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| 326 | + | program. The annual estimate of probable expense may include an amount |
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| 327 | + | determined by the board of directors to be necessary to be carried over to a future |
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| 328 | + | year for purchase of firefighting equipment, ambulances, or other emergency vehicles. |
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| 329 | + | The estimate must be certified by the president and secretary to the proper county |
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| 330 | + | auditor or county auditors, on or before June thirtieth of each year, who shall levy a |
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| 331 | + | tax, including ad valorem tax and square footage tax as authorized under section 18 of |
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| 332 | + | this Act, upon the taxable property within the district for the maintenance of the fire |
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| 333 | + | protection district for the fiscal year as provided by law. |
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| 334 | + | 2.In the year for which the levy is sought, a board of directors of a rural fire protection |
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| 335 | + | district seeking approval of a property tax levy under this chapter must file with the |
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| 336 | + | county auditor of the counties within the rural fire district, at a time and in a format |
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| 337 | + | prescribed by the county auditors, a financial report for the preceding calendar year |
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| 338 | + | showing the ending balances of each fund held by the rural fire protection district |
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| 339 | + | during that year. |
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| 340 | + | 3.The ad valorem tax may not exceed a tax rate of five mills per dollar of the taxable |
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| 341 | + | valuation of property in the district except upon resolution adopted by the board of |
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| 342 | + | directors and approval by a majority of the qualified electors voting on the question at |
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| 343 | + | an annual or special meeting of electors called by the board of directors, the |
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| 375 | + | 31 Sixty-ninth |
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| 376 | + | Legislative Assembly |
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| 377 | + | ad valorem levy may be made in an amount not exceeding thirteen mills. If an election |
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| 378 | + | to approve or reauthorize an excess ad valorem tax levy will be held at an annual or |
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| 379 | + | special meeting of electors of the district called by the board of directors, notice of the |
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| 380 | + | meeting and the proposed excess ad valorem levy election must be provided by at |
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| 381 | + | least one publication in the official newspaper of each county in which the district is |
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| 382 | + | located at least seven days, but not more than fourteen days, before the date of the |
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| 383 | + | public meeting. The published notice must include the amount of the proposed |
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| 384 | + | ad valorem tax rate increase in mills and the duration for which elector approval of the |
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| 385 | + | increase is sought and must include the location where, and hours during which, |
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| 386 | + | ballots may be cast. |
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| 387 | + | 4.Votes to approve or disapprove the ad valorem levy increase must be cast on the date |
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| 388 | + | of the meeting. The polling place must remain open for at least six hours on the date |
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| 389 | + | of the meeting. The secretary-treasurer of the district shall prepare and distribute to |
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| 390 | + | qualified electors at the polling place paper ballots to conduct the election on the |
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| 391 | + | question of increased ad valorem levy authority. Three election judges to receive and |
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| 392 | + | count the ballots, who are qualified electors of the district but not members of the |
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| 393 | + | board, must be selected at least seven days before the meeting by approval of a |
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| 394 | + | majority of the members of the board. A marked ballot must be delivered to one of the |
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| 395 | + | judges, folded to conceal its contents, the judge shall deposit it in the ballot box, and |
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| 396 | + | another judge shall enter the name of the elector who cast the ballot in the pollbook. |
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| 397 | + | When the election is closed, the judges shall count the ballots and announce the |
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| 398 | + | result. Results of the election must be certified by the secretary-treasurer of the district |
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| 399 | + | and each of the election judges to the tax commissioner and to the county auditor of |
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| 400 | + | each county in which the district is located within ten days after the election. The |
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| 401 | + | certificate must include a statement of the question as it appeared on the ballot, |
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| 402 | + | together with the total number of votes cast in favor, and the number of votes cast |
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| 403 | + | against, authorizing the excess ad valorem levy. |
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| 404 | + | 5.After July 31, 2015, approval or reauthorization by electors of increased ad valorem |
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| 405 | + | levy authority under this section may not be effective for more than ten taxable years |
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| 406 | + | or the period of time necessary for repayment of indebtedness incurred which was |
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| 407 | + | intended to be repaid from the increased ad valorem levy, whichever expires later. |
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| 439 | + | 31 Sixty-ninth |
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| 440 | + | Legislative Assembly |
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| 441 | + | Additional ad valorem levy authority authorized by the board of directors after petition |
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| 442 | + | of electors before August 1, 2015, remains in effect under the provisions of law at the |
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| 443 | + | time the levy was authorized for the time period authorized by the electors but not |
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| 444 | + | exceeding ten taxable years or the period of time necessary for repayment of |
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| 445 | + | indebtedness incurred which was intended to be repaid from the increased levy, |
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| 446 | + | whichever expires later. |
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| 447 | + | 6.The ad valorem tax and square footage tax levied under section 18 of this Act must |
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| 448 | + | be: |
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| 449 | + | 1.a.Collected as other taxes are collected in the county. |
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| 450 | + | 2.b.Turned over to the secretary-treasurer of the rural fire protection district, who |
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| 451 | + | shall have a surety bond in the amount of at least five thousand dollars. |
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| 452 | + | 3.c.Placed to the credit of the rural fire protection district so authorizing the same by |
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| 453 | + | its secretary-treasurer in a state or national bank, except amounts to be carried |
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| 454 | + | over to a future year for purchase of firefighting equipment, ambulances, or other |
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| 455 | + | emergency vehicles may be invested to earn the maximum return available. |
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| 456 | + | 4.d.Paid out upon warrants drawn upon the fund by authority of the board of directors |
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| 457 | + | of the district, bearing the signature of the secretary-treasurer and the |
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| 458 | + | countersignature of the president of the rural fire protection district. |
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| 459 | + | 7.The amount of tax levy, including ad valorem taxes and square footage taxes, may not |
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| 460 | + | exceed the amount of funds required to defray the expenses of the district for a period |
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| 461 | + | of one year as embraced in the annual estimate of expense, including the amount of |
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| 462 | + | principal and interest upon the indebtedness of the district for the ensuing year and |
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| 463 | + | including any amount determined by the board of directors to be necessary to be |
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| 464 | + | carried over to a future year for purchase of firefighting equipment, ambulances, or |
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| 465 | + | other emergency vehicles. |
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| 466 | + | SECTION 8. AMENDMENT. Section 18-10-12.1 of the North Dakota Century Code is |
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| 467 | + | amended and reenacted as follows: |
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| 468 | + | 18-10-12.1. Withdrawal from rural fire protection district. |
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| 469 | + | Any person having an ownership interest in property subject to a millan ad valorem or |
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| 470 | + | square footage tax levy as provided for in section 18-10-07 and wishing to withdraw such |
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| 471 | + | Page No. 8 25.1184.01000 |
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| 501 | + | 30 Sixty-ninth |
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| 502 | + | Legislative Assembly |
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| 503 | + | property from the rural fire protection district may do so as provided in this section, subject to |
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| 504 | + | the following restrictions: |
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| 505 | + | 1.The territory to be withdrawn from the district must border on the outer boundary of the |
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| 506 | + | district. |
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| 507 | + | 2.The territory to be withdrawn from the district remains subject to and chargeable for |
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| 508 | + | the payment and discharge of the proportion of obligations outstanding at the time of |
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| 509 | + | filing the petition for the withdrawal of the territory that the taxable valuation of property |
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| 510 | + | in the territory to be withdrawn bears to the taxable valuation of all property within the |
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| 511 | + | district prior to withdrawal. |
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| 512 | + | 3.Mill leviesLevies imposed under section 18-10-07 remain in effect until the |
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| 513 | + | proportionate share of outstanding obligations are paid. |
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| 514 | + | 4.The proceedings for withdrawal must be initiated by the filing of a petition with the |
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| 515 | + | appropriate county auditor or auditors signed by the fee title holders of sixty percent of |
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| 516 | + | the surface acreage in the territory sought to be withdrawn and contain a description of |
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| 517 | + | the boundaries of the territory sought to be withdrawn and a map or plat illustrating |
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| 518 | + | such area. |
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| 519 | + | 5.The county auditor shall verify from the tax schedules and determine whether the |
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| 520 | + | petition complies with the requirements of subsection 4. |
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| 521 | + | 6.The county auditor shall determine and certify the respective percentage proportions |
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| 522 | + | of the taxable valuation of the territory petitioned to be withdrawn to the taxable |
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| 523 | + | valuation of all property in the district prior to withdrawal to the board of directors of the |
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| 524 | + | district concerned. |
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| 525 | + | 7.Within twenty days after receipt of the petition, verification, and computation of |
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| 526 | + | respective percentage proportions, the board of directors of the district concerned |
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| 527 | + | shall attach to the petition a statement of outstanding obligations of the district and |
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| 528 | + | shall forward the petition to the appropriate board or boards of county commissioners. |
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| 529 | + | 8.The board or boards of county commissioners shall, at a regular meeting, compute the |
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| 530 | + | indebtedness proportionately assignable to the territory sought to be withdrawn, and |
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| 531 | + | shall, by written order, describe the boundaries of the territory withdrawn and the |
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| 532 | + | indebtedness of the district assigned to the territory and subject to continued levy |
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| 533 | + | Page No. 9 25.1184.01000 |
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| 563 | + | 30 Sixty-ninth |
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| 564 | + | Legislative Assembly |
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| 565 | + | under section 18-10-07. The order and computation must be filed in the office of the |
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| 566 | + | county auditor or auditors. |
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| 567 | + | 9.The annual estimate required under section 18-10-07 must reflect the annual expense |
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| 568 | + | of retiring principal and interest upon the proportionate share of district indebtedness |
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| 569 | + | assigned to withdrawn territory. |
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| 570 | + | SECTION 9. AMENDMENT. Section 40-40-06 of the North Dakota Century Code is |
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| 571 | + | amended and reenacted as follows: |
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| 572 | + | 40-40-06. Notice of preliminary budget statement - Contents - How given. |
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| 573 | + | 1.On or before August tenth of each year, after the governing body has prepared the |
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| 574 | + | preliminary budget statement, the auditor of the municipality shall: |
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| 575 | + | a.Provide the county auditor with a copy of the preliminary budget statement. |
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| 576 | + | b.Set a public budget hearing date no earlier than September seventh and no later |
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| 577 | + | than October seventh for the purpose of adopting the final budget and square |
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| 578 | + | footage tax rates for purposes of the tax authorized under section 18 of this Act |
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| 579 | + | and making the annual ad valorem and square footage tax levy. |
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| 580 | + | c.Provide notice of the public budget and proposed square footage tax rate hearing |
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| 581 | + | date to the county auditor. |
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| 582 | + | 2.For municipalities anticipating levying a square footage tax or less than one hundred |
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| 583 | + | thousand dollars in ad valorem tax levies in the current year, the notice must: |
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| 584 | + | a.Contain a statement of the proposed square footage tax rate and the total |
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| 585 | + | proposed expenditures for each fund in the preliminary budget, but need not |
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| 586 | + | contain any detailed statement of the proposed expenditures; |
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| 587 | + | b.Be published at least once, not less than six days prior to the budget hearing, in a |
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| 588 | + | newspaper published in the municipality, if there is one, and if no newspaper is |
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| 589 | + | published in the municipality, the notice must be published not less than six days |
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| 590 | + | prior to the meeting in the official city newspaper as provided by section |
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| 591 | + | 40-01-09; and |
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| 592 | + | c.Provide that any taxpayer may appear and discuss with the governing body the |
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| 593 | + | proposed square footage tax rates or any item of proposed expenditures, or may |
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| 594 | + | object to any item or, amount, or rate. |
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| 595 | + | Page No. 10 25.1184.01000 |
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| 625 | + | 30 Sixty-ninth |
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| 626 | + | Legislative Assembly |
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| 627 | + | SECTION 10. AMENDMENT. Section 40-40-10 of the North Dakota Century Code is |
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| 628 | + | amended and reenacted as follows: |
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| 629 | + | 40-40-10. Certified copies of levy and final budget sent to county auditor. |
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| 630 | + | Immediately after the completion of the final budget, square footage tax rates for purposes |
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| 631 | + | of the tax under section 18 of this Act, and the adoption of the annual ad valorem and square |
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| 632 | + | footage tax levy by the governing body of a municipality in accordance with the provisions of |
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| 633 | + | this chapter, and in no case later than October tenth, the auditor of the municipality shall send to |
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| 634 | + | the county auditor a certified copy of the levy and square footage tax rates for purposes of the |
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| 635 | + | tax under section 18 of this Act as adopted and a certified copy of the final budget. |
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| 636 | + | SECTION 11. AMENDMENT. Section 40-58-20 of the North Dakota Century Code is |
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| 637 | + | amended and reenacted as follows: |
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| 638 | + | 40-58-20. Tax increment financing. |
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| 639 | + | 1.At any time after the governing body of a municipality has approved a development or |
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| 640 | + | renewal plan for any development or renewal area and has filed that plan with the |
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| 641 | + | department of commerce division of community services, it may request the county |
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| 642 | + | auditor and treasurer to compute, certify, and remit tax increments resulting from the |
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| 643 | + | development or renewal of the area in accordance with the plan and any modifications |
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| 644 | + | thereof, and the county auditor and treasurer shall do so in accordance with this |
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| 645 | + | section. |
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| 646 | + | a.For a tax increment district established before July 1, 2011, the base year for tax |
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| 647 | + | increments computed for a development or renewal area under this section or |
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| 648 | + | section 40-58-20.1 may not be used for more than twenty-five taxable years |
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| 649 | + | without the governing body of the municipality establishing a new base year |
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| 650 | + | using taxable values, established as of February first of the following year, or |
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| 651 | + | square footage taxes levied in the following taxable year, which are not more |
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| 652 | + | than fifteen years old. Regardless of length of the initial district, the new base |
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| 653 | + | year may be used to compute tax increments for up to an additional fifteen years |
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| 654 | + | after which time the tax increment district must be closed, except that the original |
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| 655 | + | base year for tax increments pledged for an indebtedness incurred before July 1, |
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| 656 | + | 2011, may continue until the indebtedness is paid. |
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| 657 | + | Page No. 11 25.1184.01000 |
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| 687 | + | 30 Sixty-ninth |
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| 688 | + | Legislative Assembly |
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| 689 | + | b.For a tax increment district established after July 1, 2011, the base year for tax |
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| 690 | + | increments computed for a development or renewal area under this section or |
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| 691 | + | section 40-58-20.1 may not be used for more than twenty-five taxable years |
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| 692 | + | without the governing body of the municipality establishing a new base year |
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| 693 | + | using taxable values, established as of February first of the following year, or |
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| 694 | + | square footage taxes levied in the following taxable year, which are not more |
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| 695 | + | than fifteen years old. The new base year may be used to compute tax |
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| 696 | + | increments for up to an additional five years after which time the tax increment |
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| 697 | + | district must be closed. |
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| 698 | + | 2.Notwithstanding any other provision in this section, for a tax increment district |
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| 699 | + | established before January 1, 2026, the tax increment or tax losses must be |
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| 700 | + | calculated as the difference between the square footage tax and ad valorem tax levied |
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| 701 | + | in dollars against the lots and parcels of real estate in the district in the current taxable |
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| 702 | + | year and the amount of ad valorem property tax levied in dollars against the original |
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| 703 | + | taxable value of the lots and parcels of real estate in the district in taxable year 2025. |
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| 704 | + | For purposes of this subsection, "original taxable value" means the taxable value of |
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| 705 | + | the lots and parcels of real estate in the year the tax increment district was |
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| 706 | + | established. |
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| 707 | + | 3.For a tax increment district established on or after January 1, 2026: |
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| 708 | + | a.The auditor shall compute and certify the original taxable value ofsquare footage |
---|
| 709 | + | tax or ad valorem tax levied in dollars against each lot and parcel of real estate in |
---|
| 710 | + | the area, as last assessed and equalizedlevied before the date of the request, |
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| 711 | + | including the taxable value oftax levied against any lot or parcel previously |
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| 712 | + | acquired by the municipality or its urban renewal agency, as last assessed and |
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| 713 | + | equalizedtaxed before it was acquired. However, any real property acquired by |
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| 714 | + | the city or the city's urban renewal agency prior to July 1, 1973, or more than five |
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| 715 | + | years prior to the approval of a development or renewal plan for any development |
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| 716 | + | or renewal area, whichever is later, is deemed to have an original taxable value |
---|
| 717 | + | of a zero tax levy and the county auditor shall so certify. |
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| 718 | + | 3.b.In each subsequent year, the auditor shall compute and certify the net amount by |
---|
| 719 | + | which the original taxable value of square footage tax and ad valorem tax levied |
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| 720 | + | Page No. 12 25.1184.01000 |
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| 751 | + | 31 Sixty-ninth |
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| 752 | + | Legislative Assembly |
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| 753 | + | in dollars against all lots and parcels of real estate in the area, as then assessed |
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| 754 | + | and equalizedlevied, including real estate then held by the municipality or urban |
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| 755 | + | renewal agency valuedtaxed at zero, has increased or decreased in comparison |
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| 756 | + | with the original taxable value of all suchsquare footage tax and ad valorem tax |
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| 757 | + | levied in dollars against the real estate. The net amount of the increase or |
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| 758 | + | decrease is referred to in this section as the incremental valuetax increment or |
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| 759 | + | the lost valuetax losses for that year, as the case may berespectively. |
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| 760 | + | 4.In any year when there is an incremental value, the auditor shall exclude it from the |
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| 761 | + | taxable value upon which the auditor computes the mill rates of taxes levied in that |
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| 762 | + | year by the state, the county, the municipality, the school district, and every other |
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| 763 | + | political subdivision having power to tax the development or renewal area, until the |
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| 764 | + | cost of development or renewal of the area has been reimbursed in accordance with |
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| 765 | + | this section. However, the auditor shall extend the aggregate mill rate of those taxes |
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| 766 | + | against the incremental value as well as the original taxable value, and the amount of |
---|
| 767 | + | taxes received from that extension against the incremental value is referred to in this |
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| 768 | + | section as the tax increment for that year. |
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| 769 | + | 5.In any year when there is a lost value, the auditor shall compute and certify the |
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| 770 | + | amounts of taxes which would have resulted from the extension against the lost value |
---|
| 771 | + | of the mill rate of taxes levied that year by the state and each political subdivision |
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| 772 | + | having power to tax the development or renewal area. The amounts so computed are |
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| 773 | + | referred to in this section as the tax losses for that year. |
---|
| 774 | + | 6.The county auditor shall segregate all tax increments from the development or renewal |
---|
| 775 | + | area in a special fund, crediting to the fund an amount equal to the tax increment, in |
---|
| 776 | + | each year when there is an incremental value, that proportion of each collection of |
---|
| 777 | + | taxes on real estate within the area which the incremental value bears to the total |
---|
| 778 | + | taxable value in that yeara tax increment. |
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| 779 | + | 7.5.Upon receipt of any tax increments in the fund, the county treasurer, at the times when |
---|
| 780 | + | the county treasurer distributes collected taxes to the state and to each political |
---|
| 781 | + | subdivision for which a tax loss has previously been recorded, shall also remit to each |
---|
| 782 | + | of them from the tax increment fund an amount proportionate to the amount of that tax |
---|
| 783 | + | loss, until all those tax losses have been reimbursed. Thereafter, at the time of each |
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| 784 | + | Page No. 13 25.1184.01000 |
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| 816 | + | Legislative Assembly |
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| 817 | + | distribution, the county treasurer shall remit the entire balance then on hand in the |
---|
| 818 | + | fund to the municipality, until the cost of development or renewal of the area has been |
---|
| 819 | + | reimbursed to the municipality as provided in this section. |
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| 820 | + | 8.6.The cost of development or renewal subject to reimbursement from the tax increment |
---|
| 821 | + | fund for each development or renewal area must include all expenditures incident to |
---|
| 822 | + | carrying out the development or renewal plan for the area and any modifications |
---|
| 823 | + | thereof, not otherwise reimbursed in one of the ways referred to below, including all |
---|
| 824 | + | expenses of the clearance, development, redevelopment, rehabilitation, and |
---|
| 825 | + | conservation of the area, and all interest and redemption premiums paid on bonds, |
---|
| 826 | + | notes, or other obligations issued by the municipality or urban renewal agency to |
---|
| 827 | + | provide funds for payment of those expenses, subject to section 40-58-20.1 for the |
---|
| 828 | + | purpose of determining eligible cost of development of industrial or commercial |
---|
| 829 | + | property. From the total cost to be reimbursed there must be deducted, except as |
---|
| 830 | + | provided below, all amounts received from the federal government or others, and all |
---|
| 831 | + | special assessments, revenues, and other receipts except property taxes, which are |
---|
| 832 | + | actually collected and applied to the payment of the cost or the bonds, notes, or other |
---|
| 833 | + | obligations, at the times when those payments are due. However, if the proceeds of |
---|
| 834 | + | tax increments or of bonds, notes, or other obligations are loaned to finance part or all |
---|
| 835 | + | of the cost of a project comprising the restoration, reconstruction, and improvement of |
---|
| 836 | + | a privately owned state historical site situated within the development or renewal area |
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| 837 | + | or any buildings or structures thereon, as contemplated in section 55-10-08, or of a |
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| 838 | + | property listed in the national register of historic places, as contemplated in section |
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| 839 | + | 55-10-11, in consideration of the grant to the city of a historic easement with respect |
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| 840 | + | thereto, repayments of the loan may not be deducted from the cost of development or |
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| 841 | + | renewal subject to reimbursement. |
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| 842 | + | 9.7.The tax increments from any development or renewal area may be appropriated by |
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| 843 | + | the governing body of the municipality for the payment of any general obligation |
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| 844 | + | bonds, special improvement warrants, or refunding improvement bonds issued by the |
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| 845 | + | municipality to provide funds for payment of the cost of development or renewal, |
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| 846 | + | together with interest and redemption premiums thereon, other than that portion, if |
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| 847 | + | any, of such principal, interest, and redemption premiums which can be paid when due |
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| 848 | + | Page No. 14 25.1184.01000 |
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| 879 | + | 31 Sixty-ninth |
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| 880 | + | Legislative Assembly |
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| 881 | + | from collections of special assessments, revenues, or other funds, excluding property |
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| 882 | + | taxes, which are pledged for the payment thereof. When special improvement |
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| 883 | + | warrants or refunding improvement bonds are issued to pay the cost of public |
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| 884 | + | improvements of special benefit to properties within the development or renewal area, |
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| 885 | + | the governing body may cause those special benefits to be computed, together with |
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| 886 | + | the cost properly assessable against those properties, and may appropriate the tax |
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| 887 | + | increments from the area to the payment of that cost, in lieu of levying special |
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| 888 | + | assessments upon the property. In this event, the amount so appropriated, divided into |
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| 889 | + | the same number of installments as the special assessments and with interest at the |
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| 890 | + | same rate on the declining balance thereof, is deemed a part of the special |
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| 891 | + | assessments appropriated for payment of the cost, within the meaning of section |
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| 892 | + | 40-26-08. |
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| 893 | + | 10.8.When the cost of development or renewal of any development or renewal area has |
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| 894 | + | been fully paid and all bonds, notes, or other obligations issued by the municipality to |
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| 895 | + | pay that cost have been retired, or funds sufficient for the retirement thereof have |
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| 896 | + | been received by the municipality, the governing body shall cause this to be reported |
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| 897 | + | to the county auditor, who shall thereafter compute the mill rates oflevy all taxes upon |
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| 898 | + | the total taxable value, for property subject to ad valorem tax, or the total square |
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| 899 | + | footage, for property subject to the tax under section 18 of this Act, of the development |
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| 900 | + | or renewal area. Any balance then on hand in the tax increment fund must be |
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| 901 | + | distributed by the county treasurer to the state and all political subdivisions having |
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| 902 | + | power to tax property, including by ad valorem and square footage tax, in the area, in |
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| 903 | + | amounts proportionate to the amounts of the tax losses previously reimbursed to |
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| 904 | + | them. |
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| 905 | + | 11.9.As an alternative to the sale of bonds to be amortized with tax increments as provided |
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| 906 | + | in this section, the governing body of a municipality may, in its discretion, grant a total |
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| 907 | + | or partial tax exemption for the project in order to provide assistance to a project |
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| 908 | + | developer in a development or renewal area, pursuant to agreement with the |
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| 909 | + | municipality. However, if a developer of a development or renewal project receives a |
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| 910 | + | tax exemption for that project pursuant to this subsection, that project developer may |
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| 911 | + | not receive a tax exemption for that project under section 40-57.1-03, 40-57.1-04, |
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| 912 | + | Page No. 15 25.1184.01000 |
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| 943 | + | 31 Sixty-ninth |
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| 944 | + | Legislative Assembly |
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| 945 | + | 40-57.1-04.1, or 40-57.1-04.3. The amount of annual tax exemption under this |
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| 946 | + | subsection is limited to the tax increment as defined in this section as it applies to the |
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| 947 | + | development or renewal project and may extend for a period not to exceed fifteen |
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| 948 | + | years. In determining the total amount of the tax exemption to be authorized, the |
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| 949 | + | municipality shall give due consideration to the same elements as are involved in the |
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| 950 | + | sale of bonds to be amortized by tax increments. The amount to be reimbursed, by tax |
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| 951 | + | exemption, to the project developer must be all or a portion of eligible public costs |
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| 952 | + | which have been paid by the project developer, plus interest on those costs at a rate |
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| 953 | + | not to exceed ten percent per annum. The amount of tax exemption must be an |
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| 954 | + | amount sufficient to reimburse the project operator for those eligible costs, amortized |
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| 955 | + | pursuant to the agreement between the project developer and the municipality. If an |
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| 956 | + | exemption has been granted under this subdivision before taxable year 2026 for |
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| 957 | + | property that is subject to the square footage tax under section 18 of this Act in taxable |
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| 958 | + | year 2026 or later, the governing body of a municipality shall convert the exemption as |
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| 959 | + | necessary to allow the same tax benefit to be realized by the property owner under the |
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| 960 | + | square footage taxation system under section 18 of this Act as would have been |
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| 961 | + | realized under the ad valorem taxation system before taxable year 2026. |
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| 962 | + | 12.10.The governing body of a municipality with an active tax increment financing district |
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| 963 | + | may at any time identify funds on hand that are in excess of the costs it determines |
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| 964 | + | necessary to complete the activities included in the last approved urban renewal plan |
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| 965 | + | for that district. The governing body shall cause the identified surplus to be transferred |
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| 966 | + | to the county treasurer to be distributed to the state and all political subdivisions |
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| 967 | + | having power to tax property in the area, in amounts proportionate to the most recent |
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| 968 | + | five-year average of the ad valorem property tax or square footage tax levy within the |
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| 969 | + | district. |
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| 970 | + | SECTION 12. AMENDMENT. Subsection 2 of section 40-58-20.2 of the North Dakota |
---|
| 971 | + | Century Code is amended and reenacted as follows: |
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| 972 | + | 2.Before granting a property tax incentive, including an ad valorem tax or square footage |
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| 973 | + | tax incentive, on any parcel of property that is anticipated to receive a property tax |
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| 974 | + | incentive for more than five years, the governing body of the municipality must comply |
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| 975 | + | with the requirements in section 40-05-24. |
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| 976 | + | Page No. 16 25.1184.01000 |
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| 1007 | + | 31 Sixty-ninth |
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| 1008 | + | Legislative Assembly |
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| 1009 | + | SECTION 13. AMENDMENT. Section 57-02-11 of the North Dakota Century Code is |
---|
| 1010 | + | amended and reenacted as follows: |
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| 1011 | + | 57-02-11. Listing of property - Assessment thereof - Determination of square footage . |
---|
| 1012 | + | Certified assessment officials must list and assess property as follows: |
---|
| 1013 | + | 1.All real property subject to taxation must be listed and assessed every year with |
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| 1014 | + | reference to its value, on February first of that year. |
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| 1015 | + | 2.An individual property record must be kept by the appropriate assessment official for |
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| 1016 | + | each parcel of taxable property. The record may be in electronic or paper form and |
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| 1017 | + | must include identifying information as prescribed by the state supervisor of |
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| 1018 | + | assessments. Assessors shall prepare the records and provide copies of all property |
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| 1019 | + | records prepared by the assessor to the county director of tax equalization. The |
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| 1020 | + | county director of tax equalization shall maintain those records for ten years from the |
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| 1021 | + | date the records were received from the assessors. A city with an assessor who holds |
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| 1022 | + | a current certification as a class I assessor under section 57-02-01.1, and which has |
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| 1023 | + | been determined by the state supervisor of assessments to have enough sales for an |
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| 1024 | + | adequate sales ratio study, may elect to maintain the records required under this |
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| 1025 | + | subsection on behalf of the county. A city that makes this election must include these |
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| 1026 | + | records in a city database of taxable property to be maintained in the office of city |
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| 1027 | + | assessor for ten years from the assessment date. |
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| 1028 | + | 3.Whenever after the first day of February and before the first day of April in any year, it |
---|
| 1029 | + | is made to appear to the assessor by the oath of the owner that any building, |
---|
| 1030 | + | structure, or other improvement, or tangible personal property, which is listed for |
---|
| 1031 | + | taxation for the current year has been destroyed or damaged by fire, flood, tornado, or |
---|
| 1032 | + | other natural disaster, the assessor shall investigate the matter and deduct from the |
---|
| 1033 | + | valuation of the property of the owner of such destroyed property an amount which in |
---|
| 1034 | + | the assessor's judgment fairly represents such deduction as should be made. |
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| 1035 | + | 4.By December 31, 2025, the assessor shall determine the land square footage and |
---|
| 1036 | + | structure square footage of each parcel of residential property in the assessor's |
---|
| 1037 | + | assessment district and record the land square footage and structure square footage |
---|
| 1038 | + | in the individual property record for each parcel. For purposes of this subsection: |
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| 1039 | + | Page No. 17 25.1184.01000 |
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| 1069 | + | 30 Sixty-ninth |
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| 1070 | + | Legislative Assembly |
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| 1071 | + | a."Land square foot" or "land square footage" means the square footage |
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| 1072 | + | measurement of the land area of a parcel of property, excluding the square |
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| 1073 | + | footage of any structure or building situated on the land. |
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| 1074 | + | b."Structure square foot" or "structure square footage" means the square footage |
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| 1075 | + | measurement of structures and buildings situated on a parcel of property above |
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| 1076 | + | ground level, exclusive of the land on which the structures or buildings are |
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| 1077 | + | situated. The term excludes any areas of a building or structure considered below |
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| 1078 | + | grade. |
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| 1079 | + | SECTION 14. AMENDMENT. Section 57-02-11 of the North Dakota Century Code is |
---|
| 1080 | + | amended and reenacted as follows: |
---|
| 1081 | + | 57-02-11. Listing of property - Assessment thereof - Determination of square footage. |
---|
| 1082 | + | Certified assessment officials must list and assess property as follows: |
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| 1083 | + | 1.On February first of each year: |
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| 1084 | + | a.All real property subject to ad valorem taxation must be listed and assessed |
---|
| 1085 | + | every year with reference to its value, on February first of for that year. |
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| 1086 | + | b.The land square footage and structure square footage of real property subject to |
---|
| 1087 | + | the square footage tax under section 18 of this Act must be listed for that year. |
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| 1088 | + | 2.An individual property record must be kept by the appropriate assessment official for |
---|
| 1089 | + | each parcel of taxable property. The record may be in electronic or paper form and |
---|
| 1090 | + | must include identifying information as prescribed by the state supervisor of |
---|
| 1091 | + | assessments. Assessors shall prepare the records and provide copies of all property |
---|
| 1092 | + | records prepared by the assessor to the county director of tax equalization. The |
---|
| 1093 | + | county director of tax equalization shall maintain those records for ten years from the |
---|
| 1094 | + | date the records were received from the assessors. A city with an assessor who holds |
---|
| 1095 | + | a current certification as a class I assessor under section 57-02-01.1, and which has |
---|
| 1096 | + | been determined by the state supervisor of assessments to have enough sales for an |
---|
| 1097 | + | adequate sales ratio study, may elect to maintain the records required under this |
---|
| 1098 | + | subsection on behalf of the county. A city that makes this election must include these |
---|
| 1099 | + | records in a city database of taxable property to be maintained in the office of city |
---|
| 1100 | + | assessor for ten years from the assessment date. |
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| 1101 | + | Page No. 18 25.1184.01000 |
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| 1131 | + | 30 Sixty-ninth |
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| 1132 | + | Legislative Assembly |
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| 1133 | + | 3.Whenever after the first day of February and before the first day of April in any year, it |
---|
| 1134 | + | is made to appear to the assessor by the oath of the owner that any building, |
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| 1135 | + | structure, or other improvement, or tangible personal property, which is listed for |
---|
| 1136 | + | taxation for the current year has been destroyed or damaged by fire, flood, tornado, or |
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| 1137 | + | other natural disaster, the assessor shall investigate the matter and deduct from the |
---|
| 1138 | + | valuation or square footage of the property of the owner of such destroyed property an |
---|
| 1139 | + | amount which in the assessor's judgment fairly represents such deduction as should |
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| 1140 | + | be made. |
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| 1141 | + | 4.By December 31, 2025, the assessor shall determine the land square footage and |
---|
| 1142 | + | structure square footage of each parcel of residential property in the assessor's |
---|
| 1143 | + | assessment district and record the land square footage and structure square footage |
---|
| 1144 | + | in the individual property record for each parcel. For purposes of this subsection: |
---|
| 1145 | + | a."Land square foot" or "land square footage" means the square footage |
---|
| 1146 | + | measurement of the land area of a parcel of property, excluding the square |
---|
| 1147 | + | footage of any structure or building situated on the land. |
---|
| 1148 | + | b."Structure square foot" or "structure square footage" means the square footage |
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| 1149 | + | measurement of structures and buildings situated on a parcel of property above |
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| 1150 | + | ground level, exclusive of the land on which the structures or buildings are |
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| 1151 | + | situated. The term excludes any areas of a building or structure considered below |
---|
| 1152 | + | grade. |
---|
| 1153 | + | SECTION 15. AMENDMENT. Section 57-02-51 of the North Dakota Century Code is |
---|
| 1154 | + | amended and reenacted as follows: |
---|
| 1155 | + | 57-02-51. Notice of township and city equalization meetings to be published - Date of |
---|
| 1156 | + | equalization meeting. |
---|
| 1157 | + | 1.Each year the county auditor shall publish in the official county newspaper for two |
---|
| 1158 | + | successive weeks, a notice that proceedings for the equalization of assessments will |
---|
| 1159 | + | be held by the several local equalization boards. |
---|
| 1160 | + | 2.The first publication of the notice may not be more than forty-five days before the date |
---|
| 1161 | + | of the equalization proceedings and the second publication may not be less than |
---|
| 1162 | + | fourteen days before the equalization proceedings. |
---|
| 1163 | + | 3.The notice must contain a statement that the: |
---|
| 1164 | + | Page No. 19 25.1184.01000 |
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| 1195 | + | 31 Sixty-ninth |
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| 1196 | + | Legislative Assembly |
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| 1197 | + | a.The proceedings will be held at the regular meeting place of the governing board |
---|
| 1198 | + | or other place designated by that board of the township or city, as the case may |
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| 1199 | + | be. The notice must also contain a statement that each; and |
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| 1200 | + | b.Each taxpayer has the right to appear before the appropriate board of review or |
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| 1201 | + | equalization and petition for correction of the taxpayer's assessment of property |
---|
| 1202 | + | valuation or square footage determination under section 18 of this Act . |
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| 1203 | + | 4.The equalization proceedings in a city must be held within the first fifteen days of April |
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| 1204 | + | and the equalization proceedings in an organized township must be held in the month |
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| 1205 | + | of April. |
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| 1206 | + | SECTION 16. AMENDMENT. Section 57-02-52 of the North Dakota Century Code is |
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| 1207 | + | amended and reenacted as follows: |
---|
| 1208 | + | 57-02-52. Notice of county equalization meetings to be published - Date of |
---|
| 1209 | + | equalization meeting. |
---|
| 1210 | + | 1.Each year the county auditor shall publish in the official county newspaper for two |
---|
| 1211 | + | successive weeks, a notice that proceedings for the equalization of assessments for |
---|
| 1212 | + | all real property in the county will be held by the county board of equalization. |
---|
| 1213 | + | 2.The first publication of the notice may not be earlier than May first and the second |
---|
| 1214 | + | publication may not be later than May twentieth, however, the second notice must be |
---|
| 1215 | + | published more than ten days prior to the date of the meeting. |
---|
| 1216 | + | 3.The notice must contain the: |
---|
| 1217 | + | a.The date, time, and location of the meeting. The notice must also contain a; and |
---|
| 1218 | + | b.A statement that each taxpayer has the right to appear before the appropriate |
---|
| 1219 | + | board of review or equalization and petition for correction of the taxpayer's |
---|
| 1220 | + | assessment of property valuation or square footage determination under |
---|
| 1221 | + | section 18 of this Act . |
---|
| 1222 | + | 4.The county equalization proceedings must be held no later than June tenth. |
---|
| 1223 | + | SECTION 17. A new section to chapter 57-02 of the North Dakota Century Code is created |
---|
| 1224 | + | and enacted as follows: |
---|
| 1225 | + | Valuation of property subject to square footage tax - Exemption. |
---|
| 1226 | + | Notwithstanding any other provision of law: |
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| 1227 | + | Page No. 20 25.1184.01000 |
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| 1257 | + | 30 Sixty-ninth |
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| 1258 | + | Legislative Assembly |
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| 1259 | + | 1.Except as provided in subsection 2, property subject to the square footage tax under |
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| 1260 | + | section 18 of this Act is exempt from the valuation requirements under this chapter. |
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| 1261 | + | 2.For purposes of calculating the debt limits under sections 15 and 16 of article X of the |
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| 1262 | + | Constitution of North Dakota: |
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| 1263 | + | a.The true and full value of a property subject to the square footage tax under |
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| 1264 | + | section 18 of this Act must be calculated as the sum of: |
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| 1265 | + | (1)The land square footage of the property multiplied by the average price per |
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| 1266 | + | square foot of similarly situated land in the county based on real estate |
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| 1267 | + | sales; and |
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| 1268 | + | (2)The structure square footage of the property multiplied by the average price |
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| 1269 | + | per square foot of a similarly situated structure in the county based on real |
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| 1270 | + | estate sales. |
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| 1271 | + | b.The assessed value of a property subject to the square footage tax under |
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| 1272 | + | section 18 of this Act is fifty percent of the amount calculated in subdivision a. |
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| 1273 | + | SECTION 18. A new chapter to title 57 of the North Dakota Century Code is created and |
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| 1274 | + | enacted as follows: |
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| 1275 | + | Definitions. |
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| 1276 | + | For purposes of this chapter: |
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| 1277 | + | 1."Land square foot" or "land square footage" means the square footage measurement |
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| 1278 | + | of the land area of a parcel of property, excluding the square footage of any structure |
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| 1279 | + | or building situated on the land. |
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| 1280 | + | 2."Structure square foot" or "structure square footage" means the square footage |
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| 1281 | + | measurement of structures and buildings situated on a parcel of property above |
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| 1282 | + | ground level, exclusive of the land on which the structures or buildings are situated. |
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| 1283 | + | The term excludes any areas of a building or structure considered below grade. |
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| 1284 | + | Residential square footage tax - Imposition. |
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| 1285 | + | Property classified as residential property, which is not otherwise subject to a payment in |
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| 1286 | + | lieu of tax , is subject to a tax at a rate equal to a price per land square foot and a price per |
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| 1287 | + | structure square foot as approved by each taxing district as provided in this chapter. |
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| 1288 | + | Page No. 21 25.1184.01000 |
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| 1317 | + | 29 Sixty-ninth |
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| 1318 | + | Legislative Assembly |
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| 1319 | + | Taxes in lieu of ad valorem property taxes. |
---|
| 1320 | + | Taxes imposed under this chapter are in lieu of all ad valorem property taxes levied by the |
---|
| 1321 | + | state or any of its political subdivisions upon property subject to the tax under this chapter. |
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| 1322 | + | Exemptions. |
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| 1323 | + | 1.Property subject to tax under this chapter which meets the criteria of the exemptions |
---|
| 1324 | + | listed in section 57 - 02 - 08, except subsection 27 of section 57 - 02 - 08 , are exempt from |
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| 1325 | + | the tax under this chapter to the extent provided in section 57 - 02 - 08. |
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| 1326 | + | 2.Notwithstanding any other provision of law: |
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| 1327 | + | a.If an exemption or payment in lieu of tax was calculated based on the valuation of |
---|
| 1328 | + | residential property and the applicable mill rate before taxable year 2026, and a |
---|
| 1329 | + | conversion method is not provided under law, the county auditor shall convert the |
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| 1330 | + | exemption or payment in lieu of tax as necessary to allow the same tax benefit to |
---|
| 1331 | + | be realized by the property owner under this chapter as would have been |
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| 1332 | + | realized by the property owner under the ad valorem taxation system before |
---|
| 1333 | + | taxable year 2026. |
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| 1334 | + | b.If a specific exemption or payment in lieu of tax was granted by a taxing district |
---|
| 1335 | + | for a parcel of residential property for a specified number of taxable years under |
---|
| 1336 | + | the ad valorem taxation system before taxable year 2026, the county auditor shall |
---|
| 1337 | + | apply the exemption or payment in lieu of tax to the tax levied under this chapter |
---|
| 1338 | + | for the remaining taxable years. If a conversion method is not provided under law, |
---|
| 1339 | + | the county auditor shall convert the exemption or payment in lieu of tax as |
---|
| 1340 | + | necessary to allow the same tax benefit to be realized by the property owner |
---|
| 1341 | + | under this chapter as would have been realized under the ad valorem taxation |
---|
| 1342 | + | system before taxable year 2026. |
---|
| 1343 | + | Tax exemption certificate for real property to be filed - Exceptions. |
---|
| 1344 | + | 1.A person owning residential property located within a taxing district which claims that |
---|
| 1345 | + | the real property is exempt from taxation under this chapter shall file with the assessor |
---|
| 1346 | + | and with the county auditor a certificate setting out the facts on which the claim for |
---|
| 1347 | + | exemption is based, including the names of owners, the date the property was |
---|
| 1348 | + | acquired, the legal description, the use to which the property was put during the twelve |
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| 1349 | + | Page No. 22 25.1184.01000 |
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| 1379 | + | 30 Sixty-ninth |
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| 1380 | + | Legislative Assembly |
---|
| 1381 | + | months preceding the assessment date, and any other information which the assessor |
---|
| 1382 | + | may request. |
---|
| 1383 | + | 2.Unless otherwise provided by law, the certificate shall be filed with the assessor and |
---|
| 1384 | + | the county auditor each year before February first. |
---|
| 1385 | + | 3.If the certificate is not filed as provided in this section, the assessor shall regard the |
---|
| 1386 | + | property as nonexempt property. |
---|
| 1387 | + | 4.The provisions of this section do not apply in any case when the real property is |
---|
| 1388 | + | owned by the United States or the state of North Dakota or any of its departments, |
---|
| 1389 | + | institutions, agencies, or political subdivisions. |
---|
| 1390 | + | Solar, wind, or geothermal energy device credit. |
---|
| 1391 | + | 1.An owner is entitled to a credit of five percent of the taxes levied under this chapter |
---|
| 1392 | + | against the structure square footage of a new or existing building in which a solar or |
---|
| 1393 | + | wind energy device or geothermal energy device is installed. The credit may be |
---|
| 1394 | + | applied for up to five taxable years following the installation of the system. |
---|
| 1395 | + | 2.To qualify for the credit under subsection 1, an applicant shall sign and file with the |
---|
| 1396 | + | county assessor , by April first of each year, an application containing a verified |
---|
| 1397 | + | statement of facts establishing the applicant's eligibility as of the date of the claim on a |
---|
| 1398 | + | form and in the manner prescribed by the tax commissioner. |
---|
| 1399 | + | 3.For the purposes of this subsection: |
---|
| 1400 | + | a."Geothermal energy device" has the meaning provided in section 57 - 38 - 01.8. |
---|
| 1401 | + | b."Solar or wind energy device" has the meaning provided in section 57 - 38 - 01.8. |
---|
| 1402 | + | New single-family, condominium, and townhouse residential property credit. |
---|
| 1403 | + | 1.An owner is entitled to a credit equal to thirty percent of the taxes levied under this |
---|
| 1404 | + | chapter against the structure square footage of a new single-family, condominium, and |
---|
| 1405 | + | townhouse residential property if the following conditions are met: |
---|
| 1406 | + | a.The governing body of the city, for property within city limits, or the governing |
---|
| 1407 | + | body of the county, for property outside city limits, has approved the credit under |
---|
| 1408 | + | this section by resolution. A resolution adopted under this subdivision may be |
---|
| 1409 | + | rescinded or amended at any time. The governing body of the city or county may |
---|
| 1410 | + | limit or impose conditions upon a credit under this section, including limitations on |
---|
| 1411 | + | the time during which a credit is allowed. |
---|
| 1412 | + | Page No. 23 25.1184.01000 |
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| 1443 | + | 31 Sixty-ninth |
---|
| 1444 | + | Legislative Assembly |
---|
| 1445 | + | b.Special assessments and taxes on the property upon which the residence is |
---|
| 1446 | + | situated are not delinquent. |
---|
| 1447 | + | 2.The credit may be applied for up to two taxable years after the taxable year in which |
---|
| 1448 | + | construction is completed and the residence is owned and occupied for the first time. |
---|
| 1449 | + | Land and structure square footage - Determination - Certification. |
---|
| 1450 | + | 1.On or before February first of each year, certified assessment officials shall determine |
---|
| 1451 | + | the land square footage and structure square footage of residential property subject to |
---|
| 1452 | + | the tax under this chapter. The assessment official shall record the information in the |
---|
| 1453 | + | individual property record for each parcel of property subject to the tax under this |
---|
| 1454 | + | chapter. |
---|
| 1455 | + | 2.For purposes of determining structure square footage of a townhouse, the structure |
---|
| 1456 | + | square footage of the townhouse property must be increased by the square footage |
---|
| 1457 | + | added by the right to use any common areas in connection with the townhouse |
---|
| 1458 | + | development. The common areas of the development may not be separately taxed. |
---|
| 1459 | + | The square footage of a common area of the townhouse development must be |
---|
| 1460 | + | apportioned in an equal amount to each townhouse in the development unless a |
---|
| 1461 | + | declaration setting out a different apportionment is recorded in the office of the county |
---|
| 1462 | + | recorder. The total structure square footage of the townhouse property, including the |
---|
| 1463 | + | square footage added as provided in this subsection, must have the benefit of any |
---|
| 1464 | + | credit, exemption, or other special classification if the townhouse otherwise qualifies. |
---|
| 1465 | + | 3.The assessor shall certify the land square footage and structure square footage of |
---|
| 1466 | + | each parcel of real property subject to the tax under this chapter to the: |
---|
| 1467 | + | a.Governing board of each taxing district in which the parcel is situated; |
---|
| 1468 | + | b.County director of tax equalization; and |
---|
| 1469 | + | c.County auditor. |
---|
| 1470 | + | 4.The assessor shall deliver written notice of the certified land square footage and |
---|
| 1471 | + | structure square footage to the property owner of each parcel of real property subject |
---|
| 1472 | + | to the tax under this chapter at least fifteen days before the meeting of the local board |
---|
| 1473 | + | of equalization. |
---|
| 1474 | + | a.The tax commissioner shall prescribe suitable forms for written notices under this |
---|
| 1475 | + | subsection. The written notice must include the date prescribed by law for the |
---|
| 1476 | + | Page No. 24 25.1184.01000 |
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| 1507 | + | 31 Sixty-ninth |
---|
| 1508 | + | Legislative Assembly |
---|
| 1509 | + | meeting of the local board of equalization of the assessment district in which the |
---|
| 1510 | + | property is located and the meeting date of the county board of equalization. |
---|
| 1511 | + | b.Delivery of written notice under this subdivision must be by personal delivery to |
---|
| 1512 | + | the property owner, mail addressed to the property owner at the property owner's |
---|
| 1513 | + | last-known address, or electronic mail to the property owner directed with |
---|
| 1514 | + | verification of receipt to an electronic mail address at which the property owner |
---|
| 1515 | + | has consented to receive notice. |
---|
| 1516 | + | 5.The determination of taxable land square footage and structure square footage may |
---|
| 1517 | + | be appealed through the equalization or abatement process. |
---|
| 1518 | + | Square footage determination of real property exempt from taxation. |
---|
| 1519 | + | 1.At the time of making the determination of land square footage and structure square |
---|
| 1520 | + | footage, the assessor shall enter in a separate list each description of property exempt |
---|
| 1521 | + | from taxation under this chapter and shall determine the land square footage and |
---|
| 1522 | + | structure square footage of the property in the same manner as other property subject |
---|
| 1523 | + | to taxation under this chapter, designating in each case to whom the property belongs |
---|
| 1524 | + | and for what purpose used. |
---|
| 1525 | + | 2.This section does not apply to property of the United States, this state, or a political |
---|
| 1526 | + | subdivision of this state or farm buildings or farm residences exempt from property |
---|
| 1527 | + | taxes by law. |
---|
| 1528 | + | Square footage tax rate - Determination - Limitation - Hearing. |
---|
| 1529 | + | 1.A taxing district shall: |
---|
| 1530 | + | a.Propose square footage tax rates in an amount per structure square foot and an |
---|
| 1531 | + | amount per land square foot, calculated as follows: |
---|
| 1532 | + | (1)Subject to the requirements and limitations in subsections 4 and 5, for |
---|
| 1533 | + | taxable year 2026: |
---|
| 1534 | + | (a)The proposed price per structure square foot of residential property is |
---|
| 1535 | + | equal to the ad valorem property tax levied in dollars in taxable year |
---|
| 1536 | + | 2025 attributable to residential structures situated in the taxing district |
---|
| 1537 | + | divided by the total residential structure square footage in the taxing |
---|
| 1538 | + | district. |
---|
| 1539 | + | Page No. 25 25.1184.01000 |
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| 1569 | + | 30 Sixty-ninth |
---|
| 1570 | + | Legislative Assembly |
---|
| 1571 | + | (b)The proposed price per land square foot of residential property is |
---|
| 1572 | + | equal to the ad valorem property tax levied in dollars in taxable year |
---|
| 1573 | + | 2025 attributable to residential land situated in the taxing district |
---|
| 1574 | + | divided by the total residential land square footage in the taxing |
---|
| 1575 | + | district. |
---|
| 1576 | + | (2)Subject to the requirements and limitations in subsections 4 and 5, for |
---|
| 1577 | + | taxable years after 2026: |
---|
| 1578 | + | (a)The proposed price per structure square foot of residential property is |
---|
| 1579 | + | equal to the price per structure square foot imposed in the preceding |
---|
| 1580 | + | taxable year multiplied by the percentage increase or decrease of the |
---|
| 1581 | + | taxing district's proposed budget for the current taxable year |
---|
| 1582 | + | compared to the preceding taxable year. |
---|
| 1583 | + | (b)The proposed price per land square foot of residential property is |
---|
| 1584 | + | equal to the price per land square foot imposed in the preceding |
---|
| 1585 | + | taxable year multiplied by the percentage increase or decrease of the |
---|
| 1586 | + | taxing district's proposed budget for the current taxable year |
---|
| 1587 | + | compared to the preceding taxable year. |
---|
| 1588 | + | b.Notify the county auditor of the proposed square footage tax rates under |
---|
| 1589 | + | subdivision a according to the procedures in section 57 - 15 - 02.2 on or before |
---|
| 1590 | + | August tenth of each year. |
---|
| 1591 | + | c.Notify members of the taxing district of the proposed square footage tax rates |
---|
| 1592 | + | under subdivision a according to the procedures in section 57 - 15 - 02.2 on or |
---|
| 1593 | + | before August thirty-first of each year. |
---|
| 1594 | + | 2.The taxing district shall consider the proposed square footage tax rates under |
---|
| 1595 | + | subsection 1 during the taxing district's budget and proposed square footage tax rate |
---|
| 1596 | + | hearing required under section 57 - 15 - 02.2. |
---|
| 1597 | + | 3.Subject to the requirements and limitations in subsections 4 and 5, after the taxing |
---|
| 1598 | + | district's budget and proposed square footage tax rate hearing required under section |
---|
| 1599 | + | 57 - 15 - 02.2, the taxing district shall approve the following square footage tax rates by a |
---|
| 1600 | + | resolution approved by the governing body of the taxing district: |
---|
| 1601 | + | a.Price per structure square foot of residential property. |
---|
| 1602 | + | Page No. 26 25.1184.01000 |
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| 1633 | + | 31 Sixty-ninth |
---|
| 1634 | + | Legislative Assembly |
---|
| 1635 | + | b.Price per land square foot of residential property. |
---|
| 1636 | + | 4.For purposes of the square footage tax rates under this chapter, a taxing district shall |
---|
| 1637 | + | impose a square footage tax rate at a rate which will generate sufficient revenue, |
---|
| 1638 | + | together with the ad valorem tax assessed against commercial, agricultural, and |
---|
| 1639 | + | centrally assessed property, to pay outstanding bonded indebtedness secured with ad |
---|
| 1640 | + | valorem property tax in taxable years before 2026. |
---|
| 1641 | + | 5.The governing board of a taxing district, in levying taxes, including ad valorem taxes |
---|
| 1642 | + | and square footage taxes under this chapter, is limited by the amount necessary to |
---|
| 1643 | + | meet the appropriations included in the taxing district's budget for the ensuing fiscal |
---|
| 1644 | + | year, and to provide a reserve fund as limited by law, together with a tax sufficient in |
---|
| 1645 | + | amount to pay the interest on the bonded debt of the taxing district and to provide a |
---|
| 1646 | + | sinking fund to pay the principal at maturity. |
---|
| 1647 | + | Certification of square footage tax rates. |
---|
| 1648 | + | The square footage tax rates approved by the governing board of a taxing district to be |
---|
| 1649 | + | applied to a parcel subject to the tax under this chapter must be certified by the officer acting as |
---|
| 1650 | + | business manager or clerk of the governing body of the taxing district to the county auditor of |
---|
| 1651 | + | the county in which the parcel is situated immediately following the action of the governing body, |
---|
| 1652 | + | or within ten days thereafter. |
---|
| 1653 | + | Duty of county auditor upon certification of square footage tax rate. |
---|
| 1654 | + | The county auditor of each county, upon receipt of the square footage tax rates certified to |
---|
| 1655 | + | the county auditor by the proper authorities of a taxing district, shall acknowledge receipt of the |
---|
| 1656 | + | certification to the official so certifying them immediately upon receiving the certification. |
---|
| 1657 | + | Square footage tax levy - Calculation. |
---|
| 1658 | + | The county auditor shall compute the amount of square footage tax to be levied against a |
---|
| 1659 | + | parcel of residential property as the sum of: |
---|
| 1660 | + | 1.The combined land square footage tax rates for each taxing district in which the parcel |
---|
| 1661 | + | is situated multiplied by the land square footage of the parcel; and |
---|
| 1662 | + | 2.The combined structure square footage rates for each taxing district in which the |
---|
| 1663 | + | parcel is situated multiplied by the structure square footage of the parcel. |
---|
| 1664 | + | Page No. 27 25.1184.01000 |
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| 1693 | + | 29 Sixty-ninth |
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| 1694 | + | Legislative Assembly |
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| 1695 | + | Enforcement - Administration - Collection - Penalties - Delinquency. |
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| 1696 | + | Provisions of law relating to enforcement, administration, collection, penalties, and |
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| 1697 | + | delinquency proceedings for ad valorem taxes apply to taxes levied under this chapter. |
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| 1698 | + | Abatement procedure. |
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| 1699 | + | The procedures for abatement under chapter 57 - 23 apply to the tax levied under this |
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| 1700 | + | chapter. |
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| 1701 | + | SECTION 19. AMENDMENT. Section 57-09-04 of the North Dakota Century Code is |
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| 1702 | + | amended and reenacted as follows: |
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| 1703 | + | 57-09-04. Duties of board - Limitation on increase - Notice - Review of square footage |
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| 1704 | + | determination. |
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| 1705 | + | 1.The township board of equalization shall ascertain whether all taxable property subject |
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| 1706 | + | to ad valorem taxation in its township has been properly placed upon the assessment |
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| 1707 | + | list and duly valued by the assessor. In case any real property has been omitted by |
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| 1708 | + | inadvertence or otherwise, the board shall place the same upon the list with the true |
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| 1709 | + | value thereof. The board shall proceed to correct the assessment so that each tract or |
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| 1710 | + | lot of real property is entered on the assessment list at the true value thereof. The |
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| 1711 | + | board may not increase the valuation returned by the assessor to an amount that |
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| 1712 | + | results in a cumulative increase of more than fifteen percent from the amount of the |
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| 1713 | + | previous year's assessment without giving the owner or the owner's agent reasonable |
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| 1714 | + | notice and opportunity to be heard regarding the intention of the board to increase it. |
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| 1715 | + | All complaints and grievances of residents of the township must be heard and decided |
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| 1716 | + | by the board and it may make corrections as appear to be just. Complaints by |
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| 1717 | + | nonresidents with reference to the assessment of any real property and complaints by |
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| 1718 | + | others with reference to any assessment made after the meeting of the township |
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| 1719 | + | board of equalization must be heard and determined by the county board of |
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| 1720 | + | equalization. The board must comply with any requirement for notice of an |
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| 1721 | + | assessment increase under section 57-02-53. |
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| 1722 | + | 2.The township board of equalization shall hear complaints and grievances of residents |
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| 1723 | + | of the township regarding the determination of land square footage and structure |
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| 1724 | + | square footage for purpose of taxation under section 18 of this Act. The board shall |
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| 1725 | + | Page No. 28 25.1184.01000 |
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| 1755 | + | 30 Sixty-ninth |
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| 1756 | + | Legislative Assembly |
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| 1757 | + | resolve the complaints and grievances and may make corrections to the square |
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| 1758 | + | footage determinations as appear to be just. |
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| 1759 | + | SECTION 20. A new section to chapter 57-09 of the North Dakota Century Code is created |
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| 1760 | + | and enacted as follows: |
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| 1761 | + | Equalization of valuation of property subject to square footage tax - Exemption. |
---|
| 1762 | + | Notwithstanding any other provision of law, property subject to the square footage tax under |
---|
| 1763 | + | section 18 of this Act is exempt from the equalization requirements under this chapter pertaining |
---|
| 1764 | + | to the valuation of the property. |
---|
| 1765 | + | SECTION 21. AMENDMENT. Section 57-11-03 of the North Dakota Century Code is |
---|
| 1766 | + | amended and reenacted as follows: |
---|
| 1767 | + | 57-11-03. Duties of board - Limitation on increase - Notice - Review of square footage |
---|
| 1768 | + | determination. |
---|
| 1769 | + | 1.At its meeting, the board of equalization shall proceed to equalize and correct the |
---|
| 1770 | + | assessment roll. It may change the valuation and assessment of any real property |
---|
| 1771 | + | subject to ad valorem taxation upon the roll by increasing or diminishing the true and |
---|
| 1772 | + | full valuation thereof as is reasonable and just to render taxation uniform, except that |
---|
| 1773 | + | the board may not increase the valuation of any property returned by the assessor to |
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| 1774 | + | an amount that results in a cumulative increase of more than fifteen percent from the |
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| 1775 | + | amount of the previous year's assessment without first giving the owner or the owner's |
---|
| 1776 | + | agent reasonable notice and opportunity to be heard regarding the intention of the |
---|
| 1777 | + | board to increase it. All complaints and grievances of residents of the city must be |
---|
| 1778 | + | heard and decided by the board and it may make corrections as appear to be just. |
---|
| 1779 | + | Complaints by nonresidents with reference to the assessment of any real property and |
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| 1780 | + | complaints by others with reference to any assessment made after the meeting of the |
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| 1781 | + | city board of equalization must be heard and determined by the county board of |
---|
| 1782 | + | equalization. The board shall comply with any requirement for notice of an assessment |
---|
| 1783 | + | increase under section 57-02-53. |
---|
| 1784 | + | 2.The board of equalization shall hear complaints and grievances of residents of the city |
---|
| 1785 | + | regarding the determination of land square footage and structure square footage for |
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| 1786 | + | purpose of taxation under section 18 of this Act. The board shall resolve the |
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| 1787 | + | Page No. 29 25.1184.01000 |
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| 1817 | + | 30 Sixty-ninth |
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| 1818 | + | Legislative Assembly |
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| 1819 | + | complaints and grievances and may make corrections to the square footage |
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| 1820 | + | determinations as appear to be just. |
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| 1821 | + | SECTION 22. A new section to chapter 57-11 of the North Dakota Century Code is created |
---|
| 1822 | + | and enacted as follows: |
---|
| 1823 | + | Equalization of valuation of property subject to square footage tax - Exemption. |
---|
| 1824 | + | Notwithstanding any other provision of law, property subject to the square footage tax under |
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| 1825 | + | section 18 of this Act is exempt from the equalization requirements under this chapter pertaining |
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| 1826 | + | to the valuation of the property. |
---|
| 1827 | + | SECTION 23. A new section to chapter 57-12 of the North Dakota Century Code is created |
---|
| 1828 | + | and enacted as follows: |
---|
| 1829 | + | Review and correction of taxable square footage determination. |
---|
| 1830 | + | 1.The county board of equalization shall hear complaints and grievances of residents of |
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| 1831 | + | the county regarding the determination of land square footage and structure square |
---|
| 1832 | + | footage for purpose of taxation under section 18 of this Act. The board shall resolve |
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| 1833 | + | the complaints and grievances and may make corrections to the square footage |
---|
| 1834 | + | determinations as appear to be just. |
---|
| 1835 | + | 2.The owner of a parcel of real estate for which the square footage for purposes of |
---|
| 1836 | + | taxation under section 18 of this Act has been calculated may appeal the square |
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| 1837 | + | footage determination to the state board of equalization as provided in section 25 of |
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| 1838 | + | this Act; provided that the owner has first appealed the assessment to the local |
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| 1839 | + | equalization board of the taxing district in which the property is situated and to the |
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| 1840 | + | county board of equalization of the county in which the property is situated. |
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| 1841 | + | SECTION 24. A new section to chapter 57-12 of the North Dakota Century Code is created |
---|
| 1842 | + | and enacted as follows: |
---|
| 1843 | + | Equalization of valuation of property subject to square footage tax - Exemption. |
---|
| 1844 | + | Notwithstanding any other provision of law, property subject to the square footage tax under |
---|
| 1845 | + | section 18 of this Act is exempt from the equalization requirements under this chapter pertaining |
---|
| 1846 | + | to the valuation of the property. |
---|
| 1847 | + | SECTION 25. A new section to chapter 57-13 of the North Dakota Century Code is created |
---|
| 1848 | + | and enacted as follows: |
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| 1849 | + | Page No. 30 25.1184.01000 |
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| 1879 | + | 30 Sixty-ninth |
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| 1880 | + | Legislative Assembly |
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| 1881 | + | Review of appeals regarding taxable square footage determination. |
---|
| 1882 | + | 1.If a property owner has properly appealed the property's square footage |
---|
| 1883 | + | determination, the board may hear and resolve the appeal and may make corrections |
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| 1884 | + | to the square footage determination as appear to be just. |
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| 1885 | + | 2.In the case of an appeal, the owner of the property must establish to the satisfaction of |
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| 1886 | + | the board that the owner of the property had first appealed the square footage |
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| 1887 | + | determination to the local equalization board of the taxing district in which the property |
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| 1888 | + | is situated and to the county board of equalization of the county in which the property |
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| 1889 | + | is situated. |
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| 1890 | + | SECTION 26. A new section to chapter 57-13 of the North Dakota Century Code is created |
---|
| 1891 | + | and enacted as follows: |
---|
| 1892 | + | Equalization of valuation of property subject to square footage tax - Exemption. |
---|
| 1893 | + | Notwithstanding any other provision of law, property subject to the square footage tax under |
---|
| 1894 | + | section 18 of this Act is exempt from the equalization requirements under this chapter pertaining |
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| 1895 | + | to the valuation of the property. |
---|
| 1896 | + | SECTION 27. AMENDMENT. Section 57-15-02 of the North Dakota Century Code is |
---|
| 1897 | + | amended and reenacted as follows: |
---|
| 1898 | + | 57-15-02. Determination of rate. |
---|
| 1899 | + | The tax rate of all taxes, except taxes the rate of which is fixed by law and the square |
---|
| 1900 | + | footage tax under section 18 of this Act , must be calculated and fixed by the county auditor |
---|
| 1901 | + | within the limitations prescribed by statute. If any municipality levies a greater amount than the |
---|
| 1902 | + | prescribed maximum legal rate of levy will produce, the county auditor shall extend only such |
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| 1903 | + | amount of tax as the prescribed maximum legal rate of levy will produce. The rate must be |
---|
| 1904 | + | based and computed on the taxable valuation of taxable property in the municipality or district |
---|
| 1905 | + | levying the tax. The rate of all taxes must be calculated by the county auditor in mills, tenths, |
---|
| 1906 | + | and hundredths of mills. |
---|
| 1907 | + | SECTION 28. AMENDMENT. Section 57-15-02.2 of the North Dakota Century Code is |
---|
| 1908 | + | amended and reenacted as follows: |
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| 1909 | + | Page No. 31 25.1184.01000 |
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| 1937 | + | 28 Sixty-ninth |
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| 1938 | + | Legislative Assembly |
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| 1939 | + | 57-15-02.2. Estimated property tax, square footage tax, and budget and proposed |
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| 1940 | + | square footage tax rate hearing notice. |
---|
| 1941 | + | 1.On or before August tenth of each year the governing body of a taxing district shall |
---|
| 1942 | + | provide to the county auditor in each county in which the taxing district has taxable |
---|
| 1943 | + | property a preliminary budget statement, proposed square footage tax rates for |
---|
| 1944 | + | property subject to the tax under section 18 of this Act, and the date, time, and |
---|
| 1945 | + | location of the taxing district's public hearing on its property tax levy and square |
---|
| 1946 | + | footage tax rates, which may be no earlier than September seventh. A taxing district |
---|
| 1947 | + | that fails to provide the information required under this subsection on or before August |
---|
| 1948 | + | tenth may not impose a property tax levy or square footage tax in a greater amount of |
---|
| 1949 | + | dollars than was imposed by the taxing district in the prior year. |
---|
| 1950 | + | 2.By August thirty-first of each year the county treasurer shall provide a written notice to |
---|
| 1951 | + | the owner of each parcel of taxable property subject to ad valorem taxation with a total |
---|
| 1952 | + | estimated property tax of at least one hundred dollars and the owner of each parcel of |
---|
| 1953 | + | taxable property subject to the square footage tax under section 18 of this Act . The |
---|
| 1954 | + | text of the notice must contain the following information: |
---|
| 1955 | + | a.For property subject to ad valorem taxation: |
---|
| 1956 | + | (1)The date, time, and location of the public budget hearing for each of the |
---|
| 1957 | + | taxing districts in which the property owner's parcel is located, which |
---|
| 1958 | + | anticipate levying in excess of one hundred thousand dollars in the current |
---|
| 1959 | + | year, and the location at which the taxing district's budget is available for |
---|
| 1960 | + | review;. |
---|
| 1961 | + | b.(2)The true and full value of the property based on the best information |
---|
| 1962 | + | available;. |
---|
| 1963 | + | c.(3)A column showing the actual property tax levy in dollars against the parcel |
---|
| 1964 | + | by the taxing district that levied taxes against the parcel in the immediately |
---|
| 1965 | + | preceding taxable year and a column showing the estimated property tax |
---|
| 1966 | + | levy in dollars against the parcel by the taxing district levying tax in the |
---|
| 1967 | + | taxable year for which the notice applies based on the preliminary budget |
---|
| 1968 | + | statements of all taxing jurisdictions;. |
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| 1969 | + | Page No. 32 25.1184.01000 |
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| 1998 | + | 29 |
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| 1999 | + | 30 Sixty-ninth |
---|
| 2000 | + | Legislative Assembly |
---|
| 2001 | + | d.(4)A column indicating the difference between the taxing district's total levy |
---|
| 2002 | + | from the previous year and the taxing district's estimated levy with the word |
---|
| 2003 | + | "INCREASE" printed in boldface type if the proposed tax levy is larger in |
---|
| 2004 | + | dollars than the levy in dollars in the previous year;. |
---|
| 2005 | + | e.(5)Information identifying the estimated property tax savings that will be |
---|
| 2006 | + | provided pursuant to section 57-20-07.1 based on the best information |
---|
| 2007 | + | available;. |
---|
| 2008 | + | b.For property subject to the square footage tax under section 18 of this Act: |
---|
| 2009 | + | (1)The date, time, and location of the public budget and square footage tax |
---|
| 2010 | + | rate hearing for each of the taxing districts in which the property owner's |
---|
| 2011 | + | parcel is located and the location at which the taxing district's budget is |
---|
| 2012 | + | available for review. |
---|
| 2013 | + | (2)The preliminary land square footage and structure square footage tax rates |
---|
| 2014 | + | for residential property under section 18 of this Act. |
---|
| 2015 | + | (3)The total land square footage and structure square footage for each parcel |
---|
| 2016 | + | of land. |
---|
| 2017 | + | (4)Beginning in taxable year 2027: |
---|
| 2018 | + | (a)A column showing the actual land square footage and structure |
---|
| 2019 | + | square footage tax rates to be applied against the square footage of |
---|
| 2020 | + | the parcel by the taxing district that levied taxes against the parcel in |
---|
| 2021 | + | the immediately preceding taxable year and a column showing the |
---|
| 2022 | + | proposed land square footage and structure square footage tax rates |
---|
| 2023 | + | to be applied against the square footage of the parcel by the taxing |
---|
| 2024 | + | district levying tax in the taxable year for which the notice applies. |
---|
| 2025 | + | (b)A column indicating the difference between the taxing district's actual |
---|
| 2026 | + | land square footage and structure square footage tax rates in the |
---|
| 2027 | + | previous year and the taxing district's proposed land square footage |
---|
| 2028 | + | and structure square footage tax rates with the word "INCREASE" |
---|
| 2029 | + | printed in boldface type if the proposed square footage rate is larger |
---|
| 2030 | + | than the actual square footage rate in the previous year. |
---|
| 2031 | + | Page No. 33 25.1184.01000 |
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| 2061 | + | 30 Sixty-ninth |
---|
| 2062 | + | Legislative Assembly |
---|
| 2063 | + | f.c.A statement that there will be an opportunity for citizens to present oral or written |
---|
| 2064 | + | comments regarding each taxing district's property tax levy; and proposed square |
---|
| 2065 | + | footage tax rates. |
---|
| 2066 | + | g.d.The actual amount of the special assessment installment payable against the |
---|
| 2067 | + | parcel in the immediately preceding taxable year. |
---|
| 2068 | + | 3.Delivery of written notice under this section must be by personal delivery to the |
---|
| 2069 | + | property owner, mail addressed to the property owner at the property owner's |
---|
| 2070 | + | last-known address, or electronic mail to the property owner directed with verification |
---|
| 2071 | + | of receipt to an electronic mail address at which the property owner has consented to |
---|
| 2072 | + | receive notice. If a parcel of taxable property is owned by more than one owner, notice |
---|
| 2073 | + | must be sent to only one owner of the property. Failure of an owner to receive a notice |
---|
| 2074 | + | under this section will not relieve the owner of ad valorem property tax or square |
---|
| 2075 | + | footage tax liability or modify the qualifying date under section 57-20-09 for which an |
---|
| 2076 | + | owner may receive a discount for early payment of tax. |
---|
| 2077 | + | 4.The tax commissioner shall prescribe suitable forms for written notices under this |
---|
| 2078 | + | section. |
---|
| 2079 | + | 5.The direct cost of providing taxpayer notices under this section may be allocated in a |
---|
| 2080 | + | manner proportionate to the number of notices mailed on behalf of each taxing district |
---|
| 2081 | + | that intends to levy in excess of one hundred thousand dollars in property taxes in the |
---|
| 2082 | + | current yearunder this section. |
---|
| 2083 | + | SECTION 29. A new section to chapter 57-15 of the North Dakota Century Code is created |
---|
| 2084 | + | and enacted as follows: |
---|
| 2085 | + | Application of mill levy limitation and levy authority provisions. |
---|
| 2086 | + | Provisions of this chapter which provide mill levy limitations or mill levy authority calculated |
---|
| 2087 | + | as a specific number of mills of taxable valuation of property in a taxing district are applicable to |
---|
| 2088 | + | ad valorem tax levies and do not apply to the square footage tax levied by the governing board |
---|
| 2089 | + | of a taxing district pursuant to section 18 of this Act. |
---|
| 2090 | + | SECTION 30. AMENDMENT. Section 57-15-05 of the North Dakota Century Code is |
---|
| 2091 | + | amended and reenacted as follows: |
---|
| 2092 | + | Page No. 34 25.1184.01000 |
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| 2093 | + | 1 |
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| 2094 | + | 2 |
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| 2095 | + | 3 |
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| 2096 | + | 4 |
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| 2097 | + | 5 |
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| 2121 | + | 29 Sixty-ninth |
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| 2122 | + | Legislative Assembly |
---|
| 2123 | + | 57-15-05. County tax levy. |
---|
| 2124 | + | 1.The board of county commissioners, in levying county taxes, including square footage |
---|
| 2125 | + | taxes levied by the board of county commissioners under section 18 of this Act and |
---|
| 2126 | + | ad valorem taxes, is limited to the amount necessary to meet the appropriations |
---|
| 2127 | + | included in the county budget for the ensuing fiscal year, and to provide a reserve fund |
---|
| 2128 | + | as limited in this chapter, together with a tax sufficient in amount to pay the interest on |
---|
| 2129 | + | the bonded debt of the county and to provide a sinking fund to pay the principal at |
---|
| 2130 | + | maturity. |
---|
| 2131 | + | 2.The county budget shall show the complete expenditure program of the county for the |
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| 2132 | + | ensuing fiscal year and the sources of revenue from which it is to be financed. |
---|
| 2133 | + | SECTION 31. AMENDMENT. Section 57-15-07 of the North Dakota Century Code is |
---|
| 2134 | + | amended and reenacted as follows: |
---|
| 2135 | + | 57-15-07. City tax levies. |
---|
| 2136 | + | The governing body, in levying city taxes, including square footage taxes levied by the |
---|
| 2137 | + | governing body under section 18 of this Act and ad valorem taxes, is limited by the amount |
---|
| 2138 | + | necessary to meet the appropriations included in the city budget for the ensuing fiscal year and |
---|
| 2139 | + | to provide a reserve fund as limited in this chapter, together with a tax sufficient in amount to |
---|
| 2140 | + | pay the interest on the bonded debt of the municipality, and to provide a sinking fund to pay the |
---|
| 2141 | + | principal at maturity. |
---|
| 2142 | + | SECTION 32. AMENDMENT. Section 57-15-11 of the North Dakota Century Code is |
---|
| 2143 | + | amended and reenacted as follows: |
---|
| 2144 | + | 57-15-11. Park district tax levies. |
---|
| 2145 | + | The board of park commissioners, in levying park district taxes, including square footage |
---|
| 2146 | + | taxes levied by the governing body under section 18 of this Act and ad valorem taxes, is limited |
---|
| 2147 | + | by the amount necessary to meet the appropriations included in the park district budget for the |
---|
| 2148 | + | ensuing fiscal year, and to provide a reserve fund as limited in this chapter, together with a tax |
---|
| 2149 | + | sufficient in amount to pay the interest on the bonded debt of the municipality and to provide a |
---|
| 2150 | + | sinking fund to pay the principal at maturity. |
---|
| 2151 | + | SECTION 33. AMENDMENT. Section 57-15-13 of the North Dakota Century Code is |
---|
| 2152 | + | amended and reenacted as follows: |
---|
| 2153 | + | Page No. 35 25.1184.01000 |
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| 2183 | + | 30 Sixty-ninth |
---|
| 2184 | + | Legislative Assembly |
---|
| 2185 | + | 57-15-13. School district tax levies. |
---|
| 2186 | + | 1.School district taxes must be levied by the governing body of each school district on or |
---|
| 2187 | + | before the tenth day of August of each year. |
---|
| 2188 | + | 2.The governing body of the school district may increase or decrease its tax levy and |
---|
| 2189 | + | budget for the current fiscal year on or before the tenth day of October of each year |
---|
| 2190 | + | but the certification must be filed with the county auditor within the time limitations |
---|
| 2191 | + | under section 57-15-31.1. |
---|
| 2192 | + | 3.Taxes for school district purposes must be based upon an itemized budget statement |
---|
| 2193 | + | which must show the complete expenditure program of the district for the current fiscal |
---|
| 2194 | + | year and the sources of the revenue from which it is to be financed. |
---|
| 2195 | + | 4.The school board of each public school district, in levying taxes, including square |
---|
| 2196 | + | footage taxes levied by the school board under section 18 of this Act and ad valorem |
---|
| 2197 | + | taxes, is limited by the amount necessary to be raised for the purpose of meeting the |
---|
| 2198 | + | appropriations included in the school budget of the current fiscal year, and the sum |
---|
| 2199 | + | necessary to be provided as an interim fund, together with a tax sufficient in amount to |
---|
| 2200 | + | pay the interest on the bonded debt of the district and to provide a sinking fund to pay |
---|
| 2201 | + | and discharge the principal thereof at maturity. |
---|
| 2202 | + | SECTION 34. AMENDMENT. Section 57-15-31 of the North Dakota Century Code is |
---|
| 2203 | + | amended and reenacted as follows: |
---|
| 2204 | + | 57-15-31. Determination of ad valorem property tax levy. |
---|
| 2205 | + | 1.The amount of ad valorem property taxes to be levied by any county, city, township, |
---|
| 2206 | + | school district, park district, or other municipality authorized to levy taxes must be |
---|
| 2207 | + | computed by deducting from the amount of estimated expenditures for the current |
---|
| 2208 | + | fiscal year as finally determined, plus the required reserve fund determined upon by |
---|
| 2209 | + | the governing board from the past experience of the taxing district, the total of the |
---|
| 2210 | + | following items: |
---|
| 2211 | + | a.The available surplus consisting of the free and unencumbered cash balance; |
---|
| 2212 | + | b.Estimated revenues from sources other than direct ad valorem property taxes, |
---|
| 2213 | + | including the amount of square footage taxes levied under section 18 of this Act ; |
---|
| 2214 | + | c.The total estimated collections from tax levies for previous years; |
---|
| 2215 | + | d.Expenditures that must be made from bond sources; |
---|
| 2216 | + | Page No. 36 25.1184.01000 |
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| 2247 | + | 31 Sixty-ninth |
---|
| 2248 | + | Legislative Assembly |
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| 2249 | + | e.The amount of distributions received from an economic growth increment pool |
---|
| 2250 | + | under section 57-15-61; and |
---|
| 2251 | + | f.The estimated amount to be received from payments in lieu of taxes on a project |
---|
| 2252 | + | under section 40-57.1-03. |
---|
| 2253 | + | 2.Allowance may be made for a permanent delinquency or loss in tax collection not to |
---|
| 2254 | + | exceed five percent of the amount of the levy. |
---|
| 2255 | + | SECTION 35. AMENDMENT. Section 57-15-31.1 of the North Dakota Century Code is |
---|
| 2256 | + | amended and reenacted as follows: |
---|
| 2257 | + | 57-15-31.1. Deadline date for amending budgets and certifying taxes. |
---|
| 2258 | + | 1.No taxing district may certify any taxes, including ad valorem tax and square footage |
---|
| 2259 | + | tax levied under section 18 of this Act, or amend its current budget and no county |
---|
| 2260 | + | auditor may accept a certification of taxes, including ad valorem tax and square |
---|
| 2261 | + | footage tax levied under section 18 of this Act, or amended budget after the tenth day |
---|
| 2262 | + | of October of each year if such certification or amendment results in a change in the |
---|
| 2263 | + | amount of tax levied. |
---|
| 2264 | + | 2.The current budget, except for property taxes and square footage tax under section 18 |
---|
| 2265 | + | of this Act, may be amended during the year for any revenues and appropriations not |
---|
| 2266 | + | anticipated at the time the budget was prepared. |
---|
| 2267 | + | SECTION 36. AMENDMENT. Section 57-20-01 of the North Dakota Century Code is |
---|
| 2268 | + | amended and reenacted as follows: |
---|
| 2269 | + | 57-20-01. Real and personal property taxes - When due and delinquent - Penalties. |
---|
| 2270 | + | 1.All real andproperty taxes, including ad valorem taxes and square footage taxes levied |
---|
| 2271 | + | under section 18 of this Act, all personal property taxes, and yearly installments of |
---|
| 2272 | + | special assessment taxes become due on the first day of January following the year |
---|
| 2273 | + | for which the taxes were levied. |
---|
| 2274 | + | 2.The first installment of real estate taxes, including ad valorem taxes and square |
---|
| 2275 | + | footage taxes levied under section 18 of this Act, all personal property taxes, and |
---|
| 2276 | + | yearly installments of special taxes become delinquent after the first day of March |
---|
| 2277 | + | following and, if not paid on or before said date, are subject to a penalty of three |
---|
| 2278 | + | percent, and on May first following an additional penalty of three percent, and on July |
---|
| 2279 | + | Page No. 37 25.1184.01000 |
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| 2309 | + | 30 Sixty-ninth |
---|
| 2310 | + | Legislative Assembly |
---|
| 2311 | + | first following an additional three percent, and an additional penalty of three percent on |
---|
| 2312 | + | October fifteenth following. |
---|
| 2313 | + | 3.From and after January first of the year following the year in which the taxes become |
---|
| 2314 | + | due and payable, simple interest at the rate of twelve percent per annum upon the |
---|
| 2315 | + | principal of the unpaid taxes on personal property must be charged until the taxes and |
---|
| 2316 | + | penalties are paid, with the interest charges to be prorated to the nearest full month for |
---|
| 2317 | + | a fractional year of delinquency. |
---|
| 2318 | + | 4.The second installment of real estate taxes, including ad valorem taxes and square |
---|
| 2319 | + | footage taxes levied under section 18 of this Act, becomes delinquent after October |
---|
| 2320 | + | fifteenth, and, if not paid on or before that date becomes subject to a penalty of six |
---|
| 2321 | + | percent. |
---|
| 2322 | + | SECTION 37. AMENDMENT. Section 57-20-01.1 of the North Dakota Century Code is |
---|
| 2323 | + | amended and reenacted as follows: |
---|
| 2324 | + | 57-20-01.1. Extension of due date for property taxes when county treasurer's office is |
---|
| 2325 | + | closed. |
---|
| 2326 | + | When the due date for full or installment payment of any property taxes, including |
---|
| 2327 | + | ad valorem taxes and square footage taxes levied under section 18 of this Act, or special |
---|
| 2328 | + | assessments falls on a day on which the county treasurer's office is not open for business, the |
---|
| 2329 | + | payment may be made on the first day following on which the office is open without penalty or |
---|
| 2330 | + | loss of discount. |
---|
| 2331 | + | SECTION 38. AMENDMENT. Section 57-20-02 of the North Dakota Century Code is |
---|
| 2332 | + | amended and reenacted as follows: |
---|
| 2333 | + | 57-20-02. Tax list made out by county auditor. |
---|
| 2334 | + | 1.As soon as practicable after the taxes, including ad valorem taxes and square footage |
---|
| 2335 | + | taxes levied under section 18 o f this Act, are levied, and after the levies of the several |
---|
| 2336 | + | taxing districts within the county have been certified, the county auditor shall make out |
---|
| 2337 | + | the tax lists according to the prescribed form to correspond with the assessment |
---|
| 2338 | + | districts of the county. |
---|
| 2339 | + | 2.The ad valorem tax percentage rate necessary to raise the required amount of the |
---|
| 2340 | + | various taxes must be calculated on the taxable valuation of property after equalization |
---|
| 2341 | + | by the state board of equalization, but no ad valorem tax rate may be used which |
---|
| 2342 | + | Page No. 38 25.1184.01000 |
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| 2373 | + | 31 Sixty-ninth |
---|
| 2374 | + | Legislative Assembly |
---|
| 2375 | + | results in any fraction of less than one-half of one-tenth of a mill, and in extending any |
---|
| 2376 | + | tax, it, whenever it amounts to the fractional part of a cent, must be made one cent. |
---|
| 2377 | + | SECTION 39. AMENDMENT. Section 57-20-03 of the North Dakota Century Code is |
---|
| 2378 | + | amended and reenacted as follows: |
---|
| 2379 | + | 57-20-03. Form of tax list. |
---|
| 2380 | + | 1.The tax list must be made out to correspond with the assessment books with respect |
---|
| 2381 | + | to ownership and description of property, with columns for the valuation, square |
---|
| 2382 | + | footage, and for the various items of tax included in the total amount of all taxes set |
---|
| 2383 | + | down opposite such description of property. |
---|
| 2384 | + | 2.The amounts of special taxes must be entered in appropriate columns, but the general |
---|
| 2385 | + | taxes and square footage taxes, if appropriate, may be shown by entering the rate of |
---|
| 2386 | + | each tax at the head of the proper column without extending the same, in which case |
---|
| 2387 | + | a schedule of the rates of such taxes must be made on the first page of each tax list. |
---|
| 2388 | + | 3.The tax lists also must show, in a separate column, the years for which a tax lien has |
---|
| 2389 | + | been foreclosed upon any piece or parcel, if the same has not been redeemed or |
---|
| 2390 | + | deeded for such taxes. |
---|
| 2391 | + | SECTION 40. AMENDMENT. Section 57-20-04 of the North Dakota Century Code is |
---|
| 2392 | + | amended and reenacted as follows: |
---|
| 2393 | + | 57-20-04. Abstract of tax list to be sent to tax commissioner - Reports. |
---|
| 2394 | + | 1.The county auditor, on or before December thirty-first following the levy of the taxes, |
---|
| 2395 | + | shall prepare and transmit to the tax commissioner a complete abstract of the tax list |
---|
| 2396 | + | of the auditor's county. |
---|
| 2397 | + | 2.In addition to the tax list required in subsection 1, the county auditor, on or before |
---|
| 2398 | + | December thirty-first following the levy of the taxes, shall prepare and transmit to the |
---|
| 2399 | + | tax commissioner a report providing, for property subject to ad valorem taxation, each |
---|
| 2400 | + | taxing district's property valuation and property tax levy, for property subject to a |
---|
| 2401 | + | square footage tax under section 18 of this Act, each taxing district's square footage, |
---|
| 2402 | + | square footage tax rates, and square footage tax levy, and any other information the |
---|
| 2403 | + | tax commissioner deems necessary to prepare the report required in subsection 3. For |
---|
| 2404 | + | taxing districts with property in more than one county, information must be collected |
---|
| 2405 | + | Page No. 39 25.1184.01000 |
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| 2435 | + | 30 Sixty-ninth |
---|
| 2436 | + | Legislative Assembly |
---|
| 2437 | + | and transmitted by the county auditor of the county in which the main office of that |
---|
| 2438 | + | taxing district is located. |
---|
| 2439 | + | 3.The tax commissioner shall compile information received from the county auditors in |
---|
| 2440 | + | subsection 2 and prepare a statewide report of ad valorem property tax and square |
---|
| 2441 | + | footage tax increase. The report must include the annual increase in ad valorem |
---|
| 2442 | + | property taxes and square footage taxes levied by each taxing district of the state after |
---|
| 2443 | + | adjusting for property that was not taxable in the preceding year and property that is |
---|
| 2444 | + | no longer taxable which was taxable in the preceding year. The report must be |
---|
| 2445 | + | provided to the legislative management by April first of each year. |
---|
| 2446 | + | 4.The tax commissioner shall prescribe the form and manner of providing the reports |
---|
| 2447 | + | and certifications required under this section. |
---|
| 2448 | + | 5.On or before December 31, 2017, the county auditor shall provide a report to the tax |
---|
| 2449 | + | commissioner providing the information identified in subsection 2 for the 2015 and |
---|
| 2450 | + | 2016 tax years. |
---|
| 2451 | + | SECTION 41. AMENDMENT. Section 57-20-07.1 of the North Dakota Century Code is |
---|
| 2452 | + | amended and reenacted as follows: |
---|
| 2453 | + | 57-20-07.1. County treasurer to mail real estate tax statement - Contents of statement. |
---|
| 2454 | + | 1.On or before December twenty-sixth of each year, the county treasurer shall mail aan |
---|
| 2455 | + | ad valorem or square footage real estate tax statement to the owner of each parcel of |
---|
| 2456 | + | real property at the owner's last-known address. The form of the ad valorem or square |
---|
| 2457 | + | footage real estate tax statement to be used in every county must be prescribed and |
---|
| 2458 | + | approved for use by the tax commissioner. The statement must be provided in a |
---|
| 2459 | + | manner that allows the taxpayer to retain a printed record of the obligation for payment |
---|
| 2460 | + | of ad valorem or square footage taxes and special assessments as provided in the |
---|
| 2461 | + | statement. If a parcel of real property is owned by more than one individual, the county |
---|
| 2462 | + | treasurer shall send only one statement to one of the owners of that property. |
---|
| 2463 | + | Additional copies of the tax statement will be sent to the other owners upon their |
---|
| 2464 | + | request and the furnishing of their names and addresses to the county treasurer. The |
---|
| 2465 | + | tax statement must: |
---|
| 2466 | + | a.For property subject to ad valorem tax: |
---|
| 2467 | + | Page No. 40 25.1184.01000 |
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| 2497 | + | 30 Sixty-ninth |
---|
| 2498 | + | Legislative Assembly |
---|
| 2499 | + | (1)Include a dollar valuation of the true and full value as defined by law of the |
---|
| 2500 | + | property and the total mill levy applicable. |
---|
| 2501 | + | b.(2)Include, or be accompanied by a separate sheet, with three columns |
---|
| 2502 | + | showing, for the taxable year to which the tax statement applies and the two |
---|
| 2503 | + | immediately preceding taxable years, the property tax levy in dollars against |
---|
| 2504 | + | the parcel by the county and school district and any city or township that |
---|
| 2505 | + | levied taxes against the parcel. |
---|
| 2506 | + | c.(3)Provide information identifying the property tax savings provided by the |
---|
| 2507 | + | state of North Dakota. The tax statement must include a line item that is |
---|
| 2508 | + | entitled "legislative tax relief" and identifies the dollar amount of property tax |
---|
| 2509 | + | savings realized by the taxpayer under chapter 50-34 for taxable years |
---|
| 2510 | + | before 2019, chapter 50-35 for taxable years after 2018, and chapter |
---|
| 2511 | + | 15.1-27. |
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| 2512 | + | (1)(a)For purposes of this subdivision, legislative tax relief under chapter |
---|
| 2513 | + | 15.1-27 is determined by multiplying the taxable value for the taxable |
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| 2514 | + | year for each parcel shown on the tax statement by the number of |
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| 2515 | + | mills of mill levy reduction grant under chapter 57-64 for the 2012 |
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| 2516 | + | taxable year plus the number of mills determined by subtracting from |
---|
| 2517 | + | the 2012 taxable year mill rate of the school district in which the parcel |
---|
| 2518 | + | is located the lesser of: |
---|
| 2519 | + | (a)[1]Fifty mills; or |
---|
| 2520 | + | (b)[2]The 2012 taxable year mill rate of the school district minus sixty |
---|
| 2521 | + | mills. |
---|
| 2522 | + | (2)(b)Legislative tax relief under chapter 50-35 is determined by multiplying |
---|
| 2523 | + | the taxable value for the taxable year for each parcel shown on the |
---|
| 2524 | + | tax statement by the number of mills of relief determined by dividing |
---|
| 2525 | + | the amount calculated in subsection 1 of section 50-35-03 for a |
---|
| 2526 | + | human service zone by the taxable value of taxable property in the |
---|
| 2527 | + | zone for the taxable year. |
---|
| 2528 | + | b.For property subject to the square footage tax under section 18 of this Act: |
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| 2529 | + | Page No. 41 25.1184.01000 |
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| 2559 | + | 30 Sixty-ninth |
---|
| 2560 | + | Legislative Assembly |
---|
| 2561 | + | (1)Include the total land square footage and structure square footage for the |
---|
| 2562 | + | parcel of land and the the land square footage and structure square footage |
---|
| 2563 | + | tax rates applicable to the parcel of land. |
---|
| 2564 | + | (2)For taxable year 2027, include, or be accompanied by a separate sheet, |
---|
| 2565 | + | with two columns showing, for the taxable year to which the tax statement |
---|
| 2566 | + | applies and the immediately preceding taxable year, the square footage tax |
---|
| 2567 | + | levy in dollars against the parcel by the county and school district and any |
---|
| 2568 | + | city or township that levied taxes against the parcel. |
---|
| 2569 | + | (3)For taxable years after 2027, include, or be accompanied by a separate |
---|
| 2570 | + | sheet, with three columns showing, for the taxable year to which the tax |
---|
| 2571 | + | statement applies and the two immediately preceding taxable years, the |
---|
| 2572 | + | square footage tax levy in dollars against the parcel by the county and |
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| 2573 | + | school district and any city or township that levied taxes against the parcel. |
---|
| 2574 | + | 2.Failure of an owner to receive a statement will not relieve that owner of liability, nor |
---|
| 2575 | + | extend the discount privilege past the February fifteenth deadline. |
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| 2576 | + | SECTION 42. AMENDMENT. Section 57-20-09 of the North Dakota Century Code is |
---|
| 2577 | + | amended and reenacted as follows: |
---|
| 2578 | + | 57-20-09. Discount for early payment of tax. |
---|
| 2579 | + | 1.Except as provided in section 57-20-21.1, the county treasurer shall allow a five |
---|
| 2580 | + | percent discount to all taxpayers who shall pay all of the ad valorem or square footage |
---|
| 2581 | + | real estate taxes levied on any tract or parcel of real property in any one year in full on |
---|
| 2582 | + | or before February fifteenth prior to the date of delinquency. Such |
---|
| 2583 | + | 2.The discount applies to all general real estate taxes, including ad valorem taxes and |
---|
| 2584 | + | square footage taxes levied under section 18 of this Act, levied for state, county, city, |
---|
| 2585 | + | township, school district, fire district, park district, and any other taxing districts but |
---|
| 2586 | + | does not apply to personal property taxes or special assessment installments. |
---|
| 2587 | + | 3.Whenever the board of county commissioners, by resolution, determines that an |
---|
| 2588 | + | emergency exists in the county by virtue of weather or other catastrophe, it may |
---|
| 2589 | + | extend the discount period for an additional thirty days. |
---|
| 2590 | + | SECTION 43. AMENDMENT. Section 57-20-10 of the North Dakota Century Code is |
---|
| 2591 | + | amended and reenacted as follows: |
---|
| 2592 | + | Page No. 42 25.1184.01000 |
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| 2622 | + | 30 |
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| 2623 | + | 31 Sixty-ninth |
---|
| 2624 | + | Legislative Assembly |
---|
| 2625 | + | 57-20-10. Installment payments of real estate tax. |
---|
| 2626 | + | RealAd valorem and square footage real estate taxes, either current or delinquent, may be |
---|
| 2627 | + | paid in installments of not less than ten percent of the amount of the tax, plus penalty and |
---|
| 2628 | + | interest if any, but each such installment in no event may be less than ten dollars. Credit must |
---|
| 2629 | + | be given on the tax records for the installment payments so made, and penalty and interest |
---|
| 2630 | + | must be computed only upon the balance of the tax remaining unpaid. |
---|
| 2631 | + | SECTION 44. AMENDMENT. Section 57-20-21.1 of the North Dakota Century Code is |
---|
| 2632 | + | amended and reenacted as follows: |
---|
| 2633 | + | 57-20-21.1. Priority for delinquent taxes. |
---|
| 2634 | + | 1.When payment is made for any real or personal property taxes, including ad valorem |
---|
| 2635 | + | taxes and square footage taxes levied under section 18 of this Act, or special |
---|
| 2636 | + | assessments, payments must be applied first to the oldest unpaid delinquent taxes or |
---|
| 2637 | + | special assessments due, if any, shown to exist upon the property for which the tax |
---|
| 2638 | + | payments are made, including any penalty and interest. |
---|
| 2639 | + | 2.The discounts applicable to payment of taxes set out in section 57-20-09 do not apply |
---|
| 2640 | + | to payment of taxes made on property upon which tax payments are delinquent. |
---|
| 2641 | + | SECTION 45. AMENDMENT. Subdivision a of subsection 1 of section 57-23-04 of the North |
---|
| 2642 | + | Dakota Century Code is amended and reenacted as follows: |
---|
| 2643 | + | a.When an error has been made in any identifying entry or description of the |
---|
| 2644 | + | property, in entering the valuation or square footage thereof, or in the extension |
---|
| 2645 | + | of the tax, to the injury of the complainant. |
---|
| 2646 | + | SECTION 46. AMENDMENT. Section 57-23-06 of the North Dakota Century Code is |
---|
| 2647 | + | amended and reenacted as follows: |
---|
| 2648 | + | 57-23-06. Hearing on application. |
---|
| 2649 | + | 1.Within ten days after receiving an application for abatement, the city auditor or the |
---|
| 2650 | + | township clerk shall give the applicant a notice of a hearing to be held before the |
---|
| 2651 | + | governing body of the city or township, or such other committee as it may designate, in |
---|
| 2652 | + | which the assessed property is located. Said hearing must be set for no more than |
---|
| 2653 | + | sixty days after the date of the notice of hearing, and in any event, must be held |
---|
| 2654 | + | before the recommendations provided for in subsection 2 are made. The applicant |
---|
| 2655 | + | may waive, in writing, the hearing before such governing body or designated |
---|
| 2656 | + | Page No. 43 25.1184.01000 |
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| 2686 | + | 30 |
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| 2687 | + | 31 Sixty-ninth |
---|
| 2688 | + | Legislative Assembly |
---|
| 2689 | + | committee at any time before the hearing. Any recommendations provided for in |
---|
| 2690 | + | subsection 2 must be transmitted to the county auditor no more than thirty days after |
---|
| 2691 | + | the date set for the hearing. The provisions of this subsection do not apply to |
---|
| 2692 | + | applications for abatement pursuant to section 57-02-08.2. |
---|
| 2693 | + | 2.At the next regular meeting of the board of county commissioners following the filing of |
---|
| 2694 | + | an application for abatement or, if forthcoming, at the next regular meeting of the |
---|
| 2695 | + | board of county commissioners following transmittal of the recommendations of the |
---|
| 2696 | + | governing body of the municipality, the applicant may appear, in person or by a |
---|
| 2697 | + | representative or attorney, and may present such evidence as may bear on the |
---|
| 2698 | + | application. The applicant shall furnish any additional information or evidence |
---|
| 2699 | + | requested by the board of county commissioners. The recommendations of the |
---|
| 2700 | + | governing body of the municipality in which such assessed property is located must be |
---|
| 2701 | + | endorsed upon or attached to every application for an abatement or refund, and the |
---|
| 2702 | + | board of county commissioners shall give consideration to such recommendations. |
---|
| 2703 | + | The board of county commissioners, by a majority vote, either shall approve or reject |
---|
| 2704 | + | the application, in whole or in part. If rejected, in whole or in part, a written explanation |
---|
| 2705 | + | of the rationale for the decision, signed by the chairman of the board, must be |
---|
| 2706 | + | attached to the application, and a copy thereof must be mailed by the county auditor to |
---|
| 2707 | + | the applicant at the post-office address specified in the application. |
---|
| 2708 | + | 3.At a hearing before the board of county commissioners on an application for |
---|
| 2709 | + | abatement, the applicant or the applicant's representative or attorney is limited to the |
---|
| 2710 | + | relief claimed in the application for abatement submitted to the board of county |
---|
| 2711 | + | commissioners. The applicant or applicant's representative or attorney may not submit |
---|
| 2712 | + | evidence during a hearing on an application for abatement suggesting a lower |
---|
| 2713 | + | valuation, a lower square footage determination, a lower square footage tax rate, a |
---|
| 2714 | + | lower tax levy, or a different taxable status than was requested in the application for |
---|
| 2715 | + | abatement submitted to the board of county commissioners. |
---|
| 2716 | + | SECTION 47. AMENDMENT. Subsection 2 of section 57-28-03 of the North Dakota |
---|
| 2717 | + | Century Code is amended and reenacted as follows: |
---|
| 2718 | + | Page No. 44 25.1184.01000 |
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| 2746 | + | 28 |
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| 2747 | + | 29 Sixty-ninth |
---|
| 2748 | + | Legislative Assembly |
---|
| 2749 | + | 2.The amount of delinquent ad valorem property taxes, square footage taxes levied |
---|
| 2750 | + | under section 18 of this Act, and special assessments, with penalties, interest, and |
---|
| 2751 | + | foreclosure costs, for the tax year foreclosed. |
---|
| 2752 | + | SECTION 48. AMENDMENT. Subdivision c of subsection 1 of section 57-28-20 of the North |
---|
| 2753 | + | Dakota Century Code is amended and reenacted as follows: |
---|
| 2754 | + | c.Sold for less than the total amount of the taxes due, the treasurer shall write tax |
---|
| 2755 | + | receipts beginning with the earliest year and for as many subsequent years as |
---|
| 2756 | + | the proceeds realized from the sale will satisfy, and the remainder of any unpaid |
---|
| 2757 | + | general taxes, including ad valorem taxes and square footage taxes levied under |
---|
| 2758 | + | section 18 of this Act, or special assessments must be canceled by the board of |
---|
| 2759 | + | county commissioners. |
---|
| 2760 | + | SECTION 49. AMENDMENT. Section 57-28-26 of the North Dakota Century Code is |
---|
| 2761 | + | amended and reenacted as follows: |
---|
| 2762 | + | 57-28-26. Disposition of rental revenue. |
---|
| 2763 | + | 1.All the net revenue from leases of property under this chapter and all federal payments |
---|
| 2764 | + | for property acquired by the county by tax deed must be paid into the county treasury. |
---|
| 2765 | + | 2.On or before January tenth in each year, the county treasurer shall apportion these |
---|
| 2766 | + | amounts received in the previous calendar year to the county, city, school district, |
---|
| 2767 | + | township, or other taxing districts in which the property is located in the proportion that |
---|
| 2768 | + | the previous year's general fund and square footage tax levy in the taxing district |
---|
| 2769 | + | bears to the total of general fund and square footage tax levies of all taxing districts in |
---|
| 2770 | + | which the property is located. |
---|
| 2771 | + | SECTION 50. AMENDMENT. Section 57-55-01.2 of the North Dakota Century Code is |
---|
| 2772 | + | amended and reenacted as follows: |
---|
| 2773 | + | 57-55-01.2. Statements of full consideration and square footage to be filed with |
---|
| 2774 | + | application for title to mobile homes - Sales ratio study - Penalty. |
---|
| 2775 | + | 1.Any person who has purchased a mobile home and is applying for a title under section |
---|
| 2776 | + | 39-18-03 shall present, with the application, a certified statement of the full |
---|
| 2777 | + | consideration paid for the mobile home and the square footage of the mobile home. |
---|
| 2778 | + | 2.The director of the department of transportation may not issue a certificate of title to |
---|
| 2779 | + | the mobile home until the certified statement is received. The director of the |
---|
| 2780 | + | Page No. 45 25.1184.01000 |
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| 2811 | + | 31 Sixty-ninth |
---|
| 2812 | + | Legislative Assembly |
---|
| 2813 | + | department of transportation shall accumulate and at least monthly forward to the |
---|
| 2814 | + | state board of equalization a report containing the information filed in the director's |
---|
| 2815 | + | office pursuant to this section. |
---|
| 2816 | + | 3.The state board of equalization shall prescribe the necessary forms for the statements |
---|
| 2817 | + | and reports to be used in carrying out the purposes of this section, and the forms must |
---|
| 2818 | + | contain a space for the explanation of special circumstances which may have |
---|
| 2819 | + | contributed to the amount of the consideration or square footage. The state board of |
---|
| 2820 | + | equalization shall furnish this information to the state tax commissioner who shall |
---|
| 2821 | + | conduct a sales ratio study to determine the proper assessment values of mobile |
---|
| 2822 | + | homes under this chapter. |
---|
| 2823 | + | 4.Any person who, in the statement provided for in this section, willfully falsifies the |
---|
| 2824 | + | consideration paid for or square footage of the transferred mobile home is guilty of a |
---|
| 2825 | + | class B misdemeanor. |
---|
| 2826 | + | SECTION 51. AMENDMENT. Section 57-55-04 of the North Dakota Century Code is |
---|
| 2827 | + | amended and reenacted as follows: |
---|
| 2828 | + | 57-55-04. Taxes - How determined - Disbursement. |
---|
| 2829 | + | 1.The director of tax equalization shall determine the tax for each mobile home by |
---|
| 2830 | + | placing an evaluation ondetermining the square footage of the mobile home based |
---|
| 2831 | + | upon its assessed value and by adjusting the valuation of the mobile home by the |
---|
| 2832 | + | percentage provided in section 57-02-27 to determine its taxable valuation under |
---|
| 2833 | + | standards and guides determined by the state tax commissioner and applying that |
---|
| 2834 | + | evaluationthe square footage to the preceding year's total mill levies |
---|
| 2835 | + | applyingresidential structure square footage tax rates determined under section 18 of |
---|
| 2836 | + | this Act which apply to property within the taxing district in which the mobile home is |
---|
| 2837 | + | located. The director of tax equalization may refer to the statement required under |
---|
| 2838 | + | section 57 - 55 - 01.2 to determine the square footage of the mobile home. |
---|
| 2839 | + | 2.The county treasurer shall provide a tax statement for each mobile home subject to |
---|
| 2840 | + | taxation under this chapter, including. |
---|
| 2841 | + | a.For taxable year 2028, the tax statement must include two columns showing, for |
---|
| 2842 | + | the taxable year to which the tax statement applies and the immediately |
---|
| 2843 | + | preceding taxable year, the square footage tax levy in dollars against the mobile |
---|
| 2844 | + | Page No. 46 25.1184.01000 |
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| 2875 | + | 31 Sixty-ninth |
---|
| 2876 | + | Legislative Assembly |
---|
| 2877 | + | home by the county and school district and any city or township that levied taxes |
---|
| 2878 | + | against the mobile home. |
---|
| 2879 | + | b.For taxable years after 2028, the tax statement must include three columns |
---|
| 2880 | + | showing, for the taxable year to which the tax statement applies and the two |
---|
| 2881 | + | immediately preceding taxable years, the propertysquare footage tax levy in |
---|
| 2882 | + | dollars against the mobile home by the county and school district and any city or |
---|
| 2883 | + | township that levied taxes against the mobile home. |
---|
| 2884 | + | 3.If a mobile home is acquired or moved into this state during the calendar year and a |
---|
| 2885 | + | tax permit has not been previously issued for such mobile home in this state for such |
---|
| 2886 | + | year, the tax is determined by computing the remaining number of months of the |
---|
| 2887 | + | current year to the nearest full month and multiplying that number by one-twelfth of the |
---|
| 2888 | + | amount which would be due for the full year. |
---|
| 2889 | + | 4.The taxes collected under this chapter must be disbursed in the same year they are |
---|
| 2890 | + | collected and in the same manner as real estatesquare footage taxes for the |
---|
| 2891 | + | preceding year are disbursed. |
---|
| 2892 | + | SECTION 52. AMENDMENT. Section 57-55-04.1 of the North Dakota Century Code is |
---|
| 2893 | + | amended and reenacted as follows: |
---|
| 2894 | + | 57-55-04.1. Procedure for abatement, refund, or compromise of tax. |
---|
| 2895 | + | 1.Any person having any estate, right, title, or interest in or lien upon any mobile home |
---|
| 2896 | + | which has been assessed for taxation purposes pursuant to this chapter may apply for |
---|
| 2897 | + | abatement, refund, or compromise, as the case may be, pursuant to chapter 57-23. |
---|
| 2898 | + | 2.The application must be made in writing on the form prescribed by the tax |
---|
| 2899 | + | commissioner and must be filed in triplicate with the county auditor of the county |
---|
| 2900 | + | where the mobile home was assessed. |
---|
| 2901 | + | 3.The county auditor shall promptly serve the county director of tax equalization with one |
---|
| 2902 | + | copy of the application. |
---|
| 2903 | + | 4.The abatement or compromise must be granted by the county commissioners if the |
---|
| 2904 | + | facts upon which the application is based establish that the assessment contains error, |
---|
| 2905 | + | or that the value placed uponsquare footage determination of the mobile home by the |
---|
| 2906 | + | county director of tax equalization was excessive, or that the mobile home is exempt |
---|
| 2907 | + | from taxation pursuant to section 57-55-10. |
---|
| 2908 | + | Page No. 47 25.1184.01000 |
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| 2939 | + | 31 Sixty-ninth |
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| 2940 | + | Legislative Assembly |
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| 2941 | + | 5.The decision of the county commissioners may be appealed in the manner provided |
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| 2942 | + | by law. |
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| 2943 | + | SECTION 53. AMENDMENT. Section 57-55-05 of the North Dakota Century Code is |
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| 2944 | + | amended and reenacted as follows: |
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| 2945 | + | 57-55-05. Taxes in lieu of other property taxes. |
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| 2946 | + | The taxes provided for in this chapter are in lieu of all property taxes, including ad valorem |
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| 2947 | + | taxes and square footage taxes levied under section 18 of this Act, upon such mobile homes for |
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| 2948 | + | the calendar year for which the tax permit is valid. However, such taxes may in no way be |
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| 2949 | + | construed as exempting any mobile home owner from the requirements of registering such |
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| 2950 | + | mobile home with the director of the department of transportation or securing license plates |
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| 2951 | + | entitling such mobile home to be hauled upon the state's highways pursuant to section |
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| 2952 | + | 39-18-03. |
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| 2953 | + | SECTION 54. AMENDMENT. Section 61-24-09 of the North Dakota Century Code is |
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| 2954 | + | amended and reenacted as follows: |
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| 2955 | + | 61-24-09. District budget - Determination of amount to be levied - Adoption of levy - |
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| 2956 | + | Limitation. |
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| 2957 | + | 1.In July of each year, the board of directors shall estimate and itemize all the expenses |
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| 2958 | + | and obligations of the district, including expenses of directors, expenses of operating |
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| 2959 | + | the office, debt service and retirement, and obligations and liabilities to the United |
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| 2960 | + | States for which provision must be made. |
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| 2961 | + | 2.The board of directors may include in such budget funds deemed necessary to create |
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| 2962 | + | reserve funds to meet future payments under district contracts. |
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| 2963 | + | 3.Upon the completion and adoption of such budget, the board of directors shall make a |
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| 2964 | + | tax levy, including ad valorem taxes and square footage taxes under section 18 of this |
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| 2965 | + | Act, in an amount sufficient to meet such budget. Such |
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| 2966 | + | 4.The levy shall be in the form of a resolution, adopted by a majority vote of the |
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| 2967 | + | members of the board of directors of the district. Such |
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| 2968 | + | 5.The resolution shallmust include an ad valorem levy in mills, but not exceeding one |
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| 2969 | + | mill, and a square footage tax levy sufficient to meet all the expenses, obligations, and |
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| 2970 | + | liabilities of the district as provided in the budget. |
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| 2971 | + | Page No. 48 25.1184.01000 |
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| 3001 | + | 30 Sixty-ninth |
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| 3002 | + | Legislative Assembly |
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| 3003 | + | SECTION 55. REPEAL. Subsection 35 of section 57-02-08 of the North Dakota Century |
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| 3004 | + | Code is repealed. |
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| 3005 | + | SECTION 56. EFFECTIVE DATE. Sections 1 through 5, 7 through 12, 14 through 49, and |
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| 3006 | + | 54 and 55 of this Act are effective for taxable years beginning after December 31, 2025. |
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| 3007 | + | Section 6 of this Act is effective July 1, 2026. Sections 51, 52, and 53 of this Act are effective for |
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| 3008 | + | taxable years beginning after December 31, 2026. |
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| 3009 | + | Page No. 49 25.1184.01000 |
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