North Dakota 2025-2026 Regular Session

North Dakota Senate Bill SB2378 Compare Versions

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11 25.0369.01000
22 Sixty-ninth
33 Legislative Assembly
44 of North Dakota
55 Introduced by
66 Senator Weber
77 A BILL for an Act to create and enact a new section to chapter 57-15 of the North Dakota
88 Century Code, relating to limitations on taxing district budgets without voter approval; and to
99 provide an effective date.
1010 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
1111 SECTION 1. A new section to chapter 57-15 of the North Dakota Century Code is created
1212 and enacted as follows:
1313 Limitation on taxing district budgets without voter approval.
1414 1.Notwithstanding that a taxing district may have unused or excess levy authority under
1515 any other provision of law, this section supersedes and limits that authority. This
1616 section may not be interpreted as authority to increase any property tax levy authority
1717 otherwise provided by law and must be applied to limit the growth of a taxing district's
1818 budget . The governing body of a taxing district may not exceed the final budget of that
1919 taxing district in the preceding taxable year by more than the consumer price index,
2020 subject to the following:
2121 a.When property and improvements to property which were not taxable in the
2222 preceding taxable year are taxable in the current taxable year, the final budget of
2323 the taxing district in the previous taxable year must be increased for purposes of
2424 this section to reflect the taxes that would have been imposed against the
2525 additional taxable valuation attributable to that property at the mill rate applied to
2626 all property in the preceding taxable year.
2727 b.When a property tax exemption existed in the preceding taxable year which has
2828 been reduced or no longer exists for the current taxable year, the final budget of
2929 the taxing district in the preceding taxable year must be increased for purposes of
3030 this section to reflect the taxes that would have been imposed against the portion
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5757 24 Sixty-ninth
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5959 of the taxable valuation of the property which is no longer exempt at the mill rate
6060 applied to all property in the preceding taxable year.
6161 c.When property that was taxable in the preceding taxable year is not taxable for
6262 the current taxable year, the final budget of the taxing district in the preceding
6363 taxable year must be reduced for purposes of this section by the amount of taxes
6464 that were imposed against the taxable valuation of that property in the preceding
6565 taxable year.
6666 d.When a temporary mill levy increase, excluding an increase under this section,
6767 authorized by the electors of the taxing district or mill levy imposition authority
6868 under state law existed in the previous taxable year but is no longer applicable or
6969 has been reduced, the final budget of the taxing district in the previous year for
7070 purposes of this section must be adjusted to reflect the expired temporary mill
7171 levy increase and the eliminated or reduced mill levy under state law before the
7272 percentage increase allowable under this subsection is applied.
7373 2.A taxing district budget exceeding the percentage increase limitation under
7474 subsection 1 may be adopted by the taxing district upon approval of a ballot measure,
7575 stating the proposed budget increase percentage compared to the percentage
7676 limitation under subsection 1, by at least two - thirds of the qualified electors of the
7777 taxing district voting on the question at a statewide primary or general election. A
7878 budget exceeding the percentage increase limitation under subsection 1 may be
7979 approved by electors for not more than one taxable year at a time.
8080 3.For purposes of this section:
8181 a."Consumer price index" means the percentage change in the consumer price
8282 index for all urban consumers in the midwest region as determined by the United
8383 States department of labor, bureau of labor statistics, for the most recent year
8484 ending December thirty-first.
8585 b."Taxing district" means any political subdivision empowered to levy taxes.
8686 4.A city or county may not supersede or modify the application of the provisions of this
8787 section under home rule authority.
8888 SECTION 2. EFFECTIVE DATE. This Act is effective for taxable years beginning after
8989 December 31, 2024.
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