1 | 1 | | 25.0369.01000 |
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2 | 2 | | Sixty-ninth |
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3 | 3 | | Legislative Assembly |
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4 | 4 | | of North Dakota |
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5 | 5 | | Introduced by |
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6 | 6 | | Senator Weber |
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7 | 7 | | A BILL for an Act to create and enact a new section to chapter 57-15 of the North Dakota |
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8 | 8 | | Century Code, relating to limitations on taxing district budgets without voter approval; and to |
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9 | 9 | | provide an effective date. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA: |
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11 | 11 | | SECTION 1. A new section to chapter 57-15 of the North Dakota Century Code is created |
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12 | 12 | | and enacted as follows: |
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13 | 13 | | Limitation on taxing district budgets without voter approval. |
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14 | 14 | | 1.Notwithstanding that a taxing district may have unused or excess levy authority under |
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15 | 15 | | any other provision of law, this section supersedes and limits that authority. This |
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16 | 16 | | section may not be interpreted as authority to increase any property tax levy authority |
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17 | 17 | | otherwise provided by law and must be applied to limit the growth of a taxing district's |
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18 | 18 | | budget . The governing body of a taxing district may not exceed the final budget of that |
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19 | 19 | | taxing district in the preceding taxable year by more than the consumer price index, |
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20 | 20 | | subject to the following: |
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21 | 21 | | a.When property and improvements to property which were not taxable in the |
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22 | 22 | | preceding taxable year are taxable in the current taxable year, the final budget of |
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23 | 23 | | the taxing district in the previous taxable year must be increased for purposes of |
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24 | 24 | | this section to reflect the taxes that would have been imposed against the |
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25 | 25 | | additional taxable valuation attributable to that property at the mill rate applied to |
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26 | 26 | | all property in the preceding taxable year. |
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27 | 27 | | b.When a property tax exemption existed in the preceding taxable year which has |
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28 | 28 | | been reduced or no longer exists for the current taxable year, the final budget of |
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29 | 29 | | the taxing district in the preceding taxable year must be increased for purposes of |
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30 | 30 | | this section to reflect the taxes that would have been imposed against the portion |
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31 | 31 | | Page No. 1 25.0369.01000 |
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32 | 32 | | SENATE BILL NO. 2378 |
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57 | 57 | | 24 Sixty-ninth |
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58 | 58 | | Legislative Assembly |
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59 | 59 | | of the taxable valuation of the property which is no longer exempt at the mill rate |
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60 | 60 | | applied to all property in the preceding taxable year. |
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61 | 61 | | c.When property that was taxable in the preceding taxable year is not taxable for |
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62 | 62 | | the current taxable year, the final budget of the taxing district in the preceding |
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63 | 63 | | taxable year must be reduced for purposes of this section by the amount of taxes |
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64 | 64 | | that were imposed against the taxable valuation of that property in the preceding |
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65 | 65 | | taxable year. |
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66 | 66 | | d.When a temporary mill levy increase, excluding an increase under this section, |
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67 | 67 | | authorized by the electors of the taxing district or mill levy imposition authority |
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68 | 68 | | under state law existed in the previous taxable year but is no longer applicable or |
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69 | 69 | | has been reduced, the final budget of the taxing district in the previous year for |
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70 | 70 | | purposes of this section must be adjusted to reflect the expired temporary mill |
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71 | 71 | | levy increase and the eliminated or reduced mill levy under state law before the |
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72 | 72 | | percentage increase allowable under this subsection is applied. |
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73 | 73 | | 2.A taxing district budget exceeding the percentage increase limitation under |
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74 | 74 | | subsection 1 may be adopted by the taxing district upon approval of a ballot measure, |
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75 | 75 | | stating the proposed budget increase percentage compared to the percentage |
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76 | 76 | | limitation under subsection 1, by at least two - thirds of the qualified electors of the |
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77 | 77 | | taxing district voting on the question at a statewide primary or general election. A |
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78 | 78 | | budget exceeding the percentage increase limitation under subsection 1 may be |
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79 | 79 | | approved by electors for not more than one taxable year at a time. |
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80 | 80 | | 3.For purposes of this section: |
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81 | 81 | | a."Consumer price index" means the percentage change in the consumer price |
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82 | 82 | | index for all urban consumers in the midwest region as determined by the United |
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83 | 83 | | States department of labor, bureau of labor statistics, for the most recent year |
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84 | 84 | | ending December thirty-first. |
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85 | 85 | | b."Taxing district" means any political subdivision empowered to levy taxes. |
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86 | 86 | | 4.A city or county may not supersede or modify the application of the provisions of this |
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87 | 87 | | section under home rule authority. |
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88 | 88 | | SECTION 2. EFFECTIVE DATE. This Act is effective for taxable years beginning after |
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89 | 89 | | December 31, 2024. |
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