23.0370.02000
Sixty-eighth
Legislative Assembly SENATE BILL NO. 2144
of North Dakota
Introduced by
Senators Weber, Erbele, Wanzek, Wobbema
Representatives Pyle, Schreiber-Beck
1 A BILL for an Act to create and enact a new subdivision to subsection 1 of section 57-15-14 and
2 a new section to chapter 21-03 of the North Dakota Century Code, relating to ballots in school
3 district bond elections; and to amend and reenact subsection 4 of section 21-03-06, sections
4 21-03-09 and 21-03-10.1, and subsection 2 of section 57-15-16 of the North Dakota Century
5 Code, relating to future maintenance and repair expenditures for school districts.
6 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
7 SECTION 1. AMENDMENT. Subsection 4 of section 21-03-06 of the North Dakota Century
8 Code is amended and reenacted as follows:
9 4. By any public school district, or the school district of the city of Fargo, to purchase,
10 erect, enlarge, repair, maintain, and improve school buildings and teacherages, to
11 acquire sites therefor and for playgrounds, to furnish and equip the same with heat,
12 light, and ventilation or other necessary apparatus, to pay advance rentals to the state
13 school construction fund, and also to purchase schoolbus equipment which must meet
14 the standards set up by the state superintendent of public instruction and the director
15 of the department of transportation.
16 SECTION 2. AMENDMENT. Section 21-03-09 of the North Dakota Century Code is
17 amended and reenacted as follows:
18 21-03-09. Initial resolution - Form.
19 Proceedings for the issuance of bonds under the authority of this chapter must be instituted
20 by the adoption of an initial resolution therefor. SuchThe initial resolution must state:
21 1. The maximum amount of bonds proposed to be issued.
22 2. The purpose for which theythe bonds are proposed to be issued.
23 3. The assessed valuation of all taxable property in the municipality as defined in section
24 21-03-01.
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1 4. The total amount of bonded indebtedness of the municipality.
2 5. The amount of outstanding bonds of the municipality issued for a similar purpose.
3 6. Any other statement of fact deemed advisable by the governing body or voters
4 proposing the same.
5 7. For bonds issued pursuant to subsection 4 of section 21-03-06, the total funds
6 allocated for future repair and maintenance and the total dollar amount expended by
7 the municipality from general obligation bond proceeds for repairs and maintenance
8 during the previous fifteen years.
9 SECTION 3. AMENDMENT. Section 21-03-10.1 of the North Dakota Century Code is
10 amended and reenacted as follows:
11 21-03-10.1. School districts - Use of bond funds.
12 1. The initial resolution or petition providing for the issuance of bonds, whether adopted
13 by a majority vote of the school board of a school district or proposed by the qualified
14 electors of the school district as provided for in section 21-03-10, may, within the
15 discretion of those proposing suchthe initial resolution or petition, provide for a specific
16 school plan for which the proceeds of the bond issue must be exclusively used except
17 as otherwise provided in section 21-03-42. SuchThe plan must designate the general
18 area to be served by expenditure of bond proceeds for school purposes and the total
19 funds allocated for future repair and maintenance for all projects subject to the
20 issuance of the bond. The area intended to be served must be described in the plan,
21 but need not be described in the bond election ballot.
22 2. A bond election ballot form in substantially the form prescribed in section 21-03-13
23 must be used in a school district bond election. After approval of the initial resolution
24 by the number of qualified electors required by section 21-03-07, the proceeds of the
25 bond issue may be used only for the purpose and in the manner designated by the
26 school plan except as herein provided.
27 3. After approval of the bond issue, no change may be made in the purpose of
28 expenditure of the bond proceeds except that, upon a favorable vote of sixty percent
29 of the qualified electors residing in any specific area intended to be served as provided
30 in subsection 1, material changes may be made in suchthe plan as it affects saidthe
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1 area to the extent suchthe changes do not conflict with contractual obligations
2 incurred.
3 SECTION 4. A new section to chapter 21-03 of the North Dakota Century Code is created
4 and enacted as follows:
5 Ballot - Contents - School district bond elections.
6 The ballot for a school district bond election must be separate from other ballots used on
7 the same day for other elections, and must be written or printed, and must state the question in
8 substantially the following form:
9 Shall the ________ (here inserting the name of the school district) issue its bonds in
10 the amount of not to exceed $________ (here inserting the amount), with $________
11 allocated for future repair and maintenance, provided that $ ________ (here inserting
12 the amount) has been previously allocated for repair and maintenance since
13 __________ (here inserting the year that is fifteen years prior), with the proposed
14 bonds maturing within a maximum of __________ (here inserting the duration),
15 resulting in an estimated additional millage of _______ (here inserting the number of
16 mills) mills, equal to $______ (here inserting the equivalent in dollars) on each $1,000
17 of taxable valuation for the first taxable year, for the purpose of
18 ______________________ (here inserting the purpose)?
19 Yes ☐
20 No ☐
21 Spoiled or blank ballots cast at such election may not be counted for or against the
22 proposed issue.
23 SECTION 5. A new subdivision to subsection 1 of section 57-15-14 of the North Dakota
24 Century Code is created and enacted as follows:
25 After June 30, 2023, in any school district election for approval by electors of
26 increased levy authority under subsection 1 or 2, the ballot must specify the items
27 required under section 4 of this Act.
28 SECTION 6. AMENDMENT. Subsection 2 of section 57-15-16 of the North Dakota Century
29 Code is amended and reenacted as follows:
30 2. The school board of any school district, in levying taxes for a school building fund as
31 provided for in subsection 1, shall specify on the ballot the number of mills to be
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1 levieditems required under section 4 of this Act, and may in its discretion submit a
2 specific plan for which suchthe fund shall be used. The plan shallmust designate the
3 general area intended to be served by use of suchthe fund. The area intended to be
4 served shallmust be described in the plan but need not be described in the building
5 fund ballot. After approval of the levy and the plan no change shallmay be made in the
6 purpose of expenditure of the building fund except that upon a favorable vote of sixty
7 percent of the qualified electors residing in any specific area intended to be served,
8 material changes may be made in suchto the plan as it affects suchthe area to the
9 extent suchthe changes do not conflict with contractual obligations incurred. The
10 provisions of thisThis section and of subsection 1 of section 57-15-17, in regard to the
11 purpose for which the building fund may be expended shall, do not apply to
12 expenditures for major repairs.
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Statutes affected: INTRODUCED: 21-03-06, 21-03-09, 21-03-10.1, 57-15-16