North Dakota 2025-2026 Regular Session

North Dakota Senate Bill SB2142 Compare Versions

Version 1 (Old)

Version 2 (New)

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	1	+	25.0818.01000
2	2		Sixty-ninth
3	3		Legislative Assembly
4	4		of North Dakota
5	5		Introduced by
6	6		Senators Wanzek, Thomas, Weber
7	7		Representatives Brandenburg, Headland, Schreiber-Beck
8		-	A BILL for an Act to amend and reenact section 57-40.3-10 of the North Dakota Century Code,
9		-	relating to motor vehicle excise tax allocations; and to provide an effective date.
	8	+	A BILL for an Act to create and enact a new section to chapter 54-27 of the North Dakota
	9	+	Century Code, relating to a township road and bridge sustainability fund; to amend and reenact
	10	+	section 57-40.3-10 of the North Dakota Century Code, relating to motor vehicle excise tax
	11	+	allocations; to provide a continuing appropriation; and to provide an effective date.
10	12		BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
11		-	SECTION 1. AMENDMENT. Section 57-40.3-10 of the North Dakota Century Code is
12		-	amended and reenacted as follows:
13		-	57-40.3-10. Transfer of revenue.
14		-	After the deposits under sections 57-39.2-26.1, 57-39.2-26.2, and 57-39.2-26.3, moneys
15		-	collected and received under this chapter must be deposited monthly in the state treasury and
16		-	allocated as follows:
17		-	1.Fifty percent to the general fund ; and
18		-	2.The remaining fifty percent to the flexible transportation fund under section
19		-	24 - 02 - 37.3 .
20		-	SECTION 2. EFFECTIVE DATE. Section 1 of this Act is effective for motor vehicle excise
21		-	tax collections transmitted to the state treasurer after July 31, 2025.
22		-	Page No. 1 25.0818.02000
23		-	ENGROSSED SENATE BILL NO. 2142
24		-	FIRST ENGROSSMENT
	13	+	SECTION 1. A new section to chapter 54-27 of the North Dakota Century Code is created
	14	+	and enacted as follows:
	15	+	Township road and bridge sustainability fund - State treasurer - Continuing
	16	+	appropriation.
	17	+	1.There is created a township road and bridge sustainability fund in the state treasury.
	18	+	The fund consists of all revenue deposited in the fund under section 57 - 40.3 - 10. All
	19	+	moneys in the fund are appropriated to the state treasurer on a continuing basis for
	20	+	allocations to townships located in non - oil - producing counties for road and bridge
	21	+	infrastructure projects under this section.
	22	+	2.To be eligible for an allocation under this section:
	23	+	a.An organized township located in a non - oil - producing county shall submit an
	24	+	annual certification to the state treasurer in the form and manner prescribed by
	25	+	the state treasurer regarding the number of township road miles in the township
	26	+	as of December thirty-first of the prior year, the balance of the township's general
	27	+	fund as of December thirty-first of the prior year, and the total number of mills
	28	+	levied by the township under section 57 - 15 - 20 in the prior taxable year.
	29	+	b.A non - oil - producing county with unorganized townships shall submit an annual
	30	+	certification to the state treasurer in the form and manner prescribed by the state
	31	+	Page No. 1 25.0818.01000
	32	+	SENATE BILL NO. 2142
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	58	+	treasurer regarding the number of township road miles in all the unorganized
	59	+	townships within the county as of December thirty-first of the prior year.
	60	+	3.At least quarterly, the state treasurer shall distribute the moneys in the fund to
	61	+	non - oil - producing counties for the benefit of eligible organized and unorganized
	62	+	townships located within each non - oil - producing county for road and bridge
	63	+	infrastructure projects.
	64	+	a.The distribution to each non - oil - producing county is the sum of the allocations for
	65	+	each eligible organized or unorganized township within the county.
	66	+	b.The allocation to each eligible organized or unorganized township located in a
	67	+	non - oil - producing county must be proportional to the township's road miles
	68	+	relative to the total township road miles of all the eligible townships. When
	69	+	processing the allocations during each fiscal year, the state treasurer shall
	70	+	exclude the following from the allocation:
	71	+	(1)An organized township that did not maintain any township roads as of
	72	+	December thirty-first of the prior year, had a general fund balance exceeding
	73	+	one hundred thousand dollars as of December thirty-first of the prior year,
	74	+	was not levying at least eighteen mills under section 57 - 15 - 20 in the prior
	75	+	taxable year, or did not properly submit the annual certification required
	76	+	under subsection 2.
	77	+	(2)An unorganized township for which a non - oil - producing county did not
	78	+	maintain any township roads as of December thirty-first of the prior year or
	79	+	did not properly submit the annual certification required under subsection 2.
	80	+	c.The amount allocated to organized townships under this subsection must be paid
	81	+	by the county treasurer to each organized township, and the amount allocated to
	82	+	unorganized townships under this subsection must be credited by the county
	83	+	treasurer to a special fund for unorganized township roads.
	84	+	d.The allocations under this section must be used for road and bridge infrastructure
	85	+	projects.
	86	+	4.For purposes of this section:
	87	+	a."Non - oil - producing county" means a county that received no allocation of funding
	88	+	or a total allocation of less than five million dollars under subsection 2 of section
	89	+	Page No. 2 25.0818.01000
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	122	+	57 - 51 - 15 in the most recently completed even-numbered fiscal year before the
	123	+	start of each biennium.
	124	+	b."Road and bridge infrastructure projects" means projects associated with the
	125	+	construction of new unpaved and paved road and bridge infrastructure or
	126	+	associated with the maintenance, repair, or replacement of existing unpaved and
	127	+	paved road and bridge infrastructure.
	128	+	SECTION 2. AMENDMENT. Section 57-40.3-10 of the North Dakota Century Code is
	129	+	amended and reenacted as follows:
	130	+	57-40.3-10. Transfer of revenue.
	131	+	After the deposits under sections 57-39.2-26.1, 57-39.2-26.2, and 57-39.2-26.3, moneys
	132	+	collected and received under this chapter must be deposited monthly in the state treasury and
	133	+	allocated as follows:
	134	+	1.FiftyTwenty-five percent to the generaltownship road and bridge sustainability fund
	135	+	under section 2 of this Act ; and
	136	+	2.The remaining fiftyseventy-five percent to the flexible transportation fund under section
	137	+	24 - 02 - 37.3 .
	138	+	SECTION 3. EFFECTIVE DATE. Section 2 of this Act is effective for motor vehicle excise
	139	+	tax collections transmitted to the state treasurer after July 31, 2025.
	140	+	Page No. 3 25.0818.01000
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