23.0369.02000
Sixty-eighth
Legislative Assembly SENATE BILL NO. 2220
of North Dakota
Introduced by
Senators Kreun, Barta, Hogan, Mathern
Representatives Ista, O'Brien
1 A BILL for an Act to amend and reenact subsection 4 of section 21-10-13 and subsections 3
2 and 4 of section 54-17-40 of the North Dakota Century Code, relating to an allocation from the
3 legacy earnings fund and eligible projects under the housing incentive fund; to provide an
4 effective date; and to declare an emergency.
5 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
6 SECTION 1. AMENDMENT. Subsection 4 of section 21-10-13 of the North Dakota Century
7 Code is amended and reenacted as follows:
8 4. On July first of each odd-numbered year, from the amount available for appropriation
9 or transfer from the legacy earnings fund for the biennium, the state treasurer shall
10 transfer funding in the following order:
11 a. The first one hundred fifty million dollars to the legacy sinking and interest fund
12 under section 6-09.4-10.1.
13 b. The next sixty million dollars to the highway tax distribution fund for allocations
14 under section 54-27-19.
15 c. The next fifty million dollars to the housing incentive fund for eligible housing
16 projects under section 54-17-40.
17 d. Any remaining funds for other purposes as designated by the legislative
18 assembly, including:
19 (1) Up to fifty million dollars for tax relief pursuant to appropriations or transfers
20 authorized by the legislative assembly;
21 (2) Up to thirty million dollars to the clean sustainable energy fund pursuant to
22 appropriations or transfers authorized by the legislative assembly; and
23 (3) Up to thirty million dollars for university research programs, the innovation
24 loan fund to support technology advancement, and workforce enrichment
Page No. 1 23.0369.02000
 Sixty-eighth
Legislative Assembly
1 initiatives pursuant to appropriations or transfers authorized by the
2 legislative assembly.
3 SECTION 2. AMENDMENT. Subsection 3 of section 54-17-40 of the North Dakota Century
4 Code is amended and reenacted as follows:
5 3. The housing finance agency shall adopt guidelines for the fund so as to address
6 unmet housing needs in this state. Assistance from the fund may be used solely for:
7 a. New construction, rehabilitation, preservation, or acquisition of a multifamily
8 housing project;
9 b. Gap assistance, matching funds, and accessibility improvements;
10 c. Assistance that does not exceed the amount necessary to qualify for a loan using
11 underwriting standards acceptable for secondary market financing or to make the
12 project feasible; and
13 d. Rental assistance, emergency assistance, barrier mitigation, or targeted
14 supportive services designated to prevent homelessness;
15 e. Single family housing rehabilitation; and
16 f. Rural housing projects.
17 SECTION 3. AMENDMENT. Subsection 4 of section 54-17-40 of the North Dakota Century
18 Code is amended and reenacted as follows:
19 4. Eligible recipients include units of local, state, and tribal government; local and tribal
20 housing authorities; community action agencies; regional planning councils; and
21 nonprofit organizations and for-profit developers of multifamily housing. Individuals
22 may not receive direct assistance from the fund.
23 SECTION 4. EFFECTIVE DATE. This Act becomes effective July 1, 2023.
24 SECTION 5. EMERGENCY. This Act is declared to be an emergency measure.
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Statutes affected:
INTRODUCED: 21-10-13, 54-17-40