21.0739.03000
Sixty-seventh
Legislative Assembly HOUSE BILL NO. 1419
of North Dakota
Introduced by
Representatives Dockter, Bosch, Heinert, Klemin, Meier, Nathe
Senators Dever, Poolman
1 A BILL for an Act to create and enact a new subsection to section 40-05-01 and a new section
2 to chapter 40-22 of the North Dakota Century Code, relating to the authority of a county or city
3 to levy an infrastructure fee in lieu of special assessments; and to amend and reenact sections
4 11-09.1-05, 11-11-55.1, 40-05.1-06, 40-12-02, and 40-23-21 of the North Dakota Century Code,
5 relating to the authority of cities and counties to levy an infrastructure fee in lieu of special
6 assessments and special assessment fund balances.
7 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
8 SECTION 1. AMENDMENT. Section 11-09.1-05 of the North Dakota Century Code is
9 amended and reenacted as follows:
10 11-09.1-05. Powers.
11 After the filing with the secretary of state of a charter approved in reasonable conformity
12 with this chapter, the county and its citizens may, if included in the charter and implemented
13 through ordinances:
14 1. Acquire, hold, operate, and dispose of property within or without the county limits, and,
15 subject to chapter 32-15, exercise the right of eminent domain for those purposes.
16 2. Control its finances and fiscal affairs; appropriate money for its purposes, and make
17 payments of its debts and expenses; contract debts, borrow money, issue bonds,
18 warrants, and other evidences of indebtedness; establish charges for any county or
19 other services to the extent authorized by state law; and establish debt limitations.
20 3. To levyLevy and collect property taxes and special assessments for benefits
21 conferred, for its public and proprietary functions, activities, operations, undertakings,
22 and improvements, and establish mill levy limitations. Notwithstanding any authority
23 granted under this chapter, all property must be assessed in a uniform manner as
24 prescribed by the state board of equalization and the state supervisor of assessments
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1 and all taxable property must be taxed by the county at the same rate unless
2 otherwise provided by law. A charter or ordinance or act of a governing body of a
3 home rule county may not supersede any state law that determines what property or
4 acts are subject to, or exempt from, ad valorem taxes. A charter or ordinance or act of
5 the governing body of a home rule county may not supersede section 11-11-55.1
6 relating to the sixty percent petition requirement for improvements and of section
7 40-22-18 relating to the barring proceeding for improvement projects.
8 4. To levyLevy and collect an infrastructure fee in lieu of general special assessments on
9 all residential and commercial property for payment of infrastructure maintenance
10 costs through a utility bill issued by the county. If a home rule county levies an
11 infrastructure fee, the home rule county also may levy and collect green field special
12 assessments. As used in this subsection:
13 a. "General special assessments" means special assessments levied for the
14 purpose of maintaining existing roads and infrastructure and special
15 assessments levied for the construction or repair of arterial roads and
16 infrastructure that provide a benefit to the entire community.
17 b. "Green field special assessments" means special assessments levied for
18 infrastructure costs associated with the development of agricultural or
19 undeveloped property.
20 5. Levy and collect sales and use taxes, farm machinery gross receipts taxes, alcoholic
21 beverage gross receipts taxes, a county lodging tax, and a county restaurant tax.
22 Sales and use taxes and gross receipts taxes levied under this chapter:
23 a. Must conform in all respects with regard to the taxable or exempt status of items
24 under chapters 57-39.2, 57-39.5, 57-39.6, and 57-40.2 and may not be imposed
25 at multiple rates with the exception of sales of manufactured homes or mobile
26 homes.
27 b. May not be newly imposed or changed except to be effective on the first day of a
28 calendar quarterly period after a minimum of ninety days' notice to the tax
29 commissioner or, for purchases from printed catalogs, on the first day of a
30 calendar quarter after a minimum of one hundred twenty days' notice to the
31 seller.
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1 c. May not be limited to apply to less than the full value of the transaction or item as
2 determined for state sales and use tax, except for farm machinery gross receipts
3 tax purposes.
4 d. Must be subject to collection by the tax commissioner under an agreement under
5 section 57-01-02.1, with the exception of a county lodging or county restaurant
6 tax, and must be administered by the tax commissioner in accordance with the
7 relevant provisions of chapter 57-39.2, including reporting and paying
8 requirements, correction of errors, payment of refunds, and application of penalty
9 and interest.
10 After December 31, 2005, any portion of a charter or any portion of an ordinance or
11 act of a governing body of a home rule county passed pursuant to a charter which
12 does not conform to the requirements of this subsection is invalid to the extent that it
13 does not conform. The invalidity of a portion of a charter or ordinance or act of a
14 governing body of a home rule county because it does not conform to this subsection
15 does not affect the validity of any other portion of the charter or ordinance or act of a
16 governing body of a home rule county or the eligibility for a refund under section
17 57-01-02.1. Any taxes imposed under this chapter on farm machinery, farm irrigation
18 equipment, and farm machinery repair parts used exclusively for agricultural purposes,
19 or on alcoholic beverages, which were in effect on December 31, 2005, become gross
20 receipts taxes after December 31, 2005. Ordinances enacted after August 1, 2017,
21 may not allow for the collection and levy of any tax not otherwise specified under this
22 section.
23 5.6. Provide for county elected and appointed officers and employees, their selection,
24 powers, duties, qualifications, and compensation, and the terms of county appointed
25 officers and employees. However, after adoption of a home rule charter, a county
26 elected office may not be eliminated or combined with another office except upon
27 approval of a majority of the electors of the county voting upon the question at a
28 primary or general election or pursuant to the county officer combination, separation,
29 or redesignation procedures of chapter 11-10.2. A home rule charter may not diminish
30 the term of office for which a current county officer was elected, redesignate that
31 elected office during that term as appointed, or reduce the salary of the office for that
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1 term. This subsection does not authorize a county to redesignate the elected offices of
2 sheriff and state's attorney as appointed, except as provided in section 11-10-02.3.
3 6.7. Provide for all matters pertaining to county elections, except as to qualifications of
4 electors.
5 7.8. Provide for the adoption, amendment, repeal, initiative, referral, enforcement, and civil
6 and criminal penalties for violation of ordinances, resolutions, and regulations to carry
7 out its governmental and proprietary powers and to provide for public health, safety,
8 morals, and welfare. However, this subsection does not confer any authority to
9 regulate any industry or activity which is regulated by state law or by rules adopted by
10 a state agency.
11 8.9. Lay out or vacate public grounds, and provide through its governing body for the
12 construction, use, operation, designation, and regulation of a county road system.
13 9.10. Provide for zoning, planning, and subdivision of public or private property within the
14 county limits but outside the zoning authority of any city or organized township.
15 10.11. Exercise in the conduct of its affairs all powers usually exercised by a corporation.
16 11.12. Contract with and receive grants from any other governmental entity or agency, with
17 respect to any local, state, or federal program, project, or works.
18 The people of all counties coming within this chapter have the full right of
19 self-government in all matters within the powers enumerated in this chapter. The statutes of this
20 state, so far as applicable, continue to apply to counties, except as superseded by the charters
21 of the counties or by ordinances passed pursuant to the charters.
22 SECTION 2. AMENDMENT. Section 11-11-55.1 of the North Dakota Century Code is
23 amended and reenacted as follows:
24 11-11-55.1. Petition or resolution for improvements - Levy of special assessments -
25 Levy of infrastructure fee.
26 1. The board of county commissioners of any county, by resolution or upon receipt of a
27 petition of sixty percent of the landowners in a defined area, outside of the limits of any
28 incorporated city, may install the petitioned improvements as benefit the defined area,
29 provide for the financing of the improvements, and levy special assessments for the
30 payment of all or part of the improvements within the defined area.
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1 2. The board of county commissioners, by resolution or upon petition of sixty percent of
2 the qualified electors who voted in the last general election in a defined area, may levy
3 and collect an infrastructure fee in lieu of general special assessments on all
4 residential and commercial county utility bills for payment of infrastructure
5 maintenance costs. If a home rule county levies an infrastructure fee, the home rule
6 county also may levy and collect green field special assessments.
7 3. In providing for the improvements, the county shall have the authority granted to
8 municipalities in chapters 40-22, 40-23, 40-23.1, 40-24, 40-25, 40-26, 40-27, and
9 40-28, and the county shall comply with the provisions of those chapters in making the
10 improvements. Whenever action is required of city officials in those chapters, the
11 comparable county officials shall take the action.
12 4. As used in this section:
13 a. "General special assessments" means special assessments levied for the
14 purpose of maintaining existing roads and infrastructure and special
15 assessments levied for the construction or repair of arterial roads and
16 infrastructure that provide a benefit to the entire community.
17 b. "Green field special assessments" means special assessments levied for
18 infrastructure costs associated with the development of agricultural or
19 undeveloped property.
20 SECTION 3. A new subsection to section 40-05-01 of the North Dakota Century Code is
21 created and enacted as follows:
22 Levy and collect an infrastructure fee in lieu of general special assessments on all
23 residential and commercial property for payment of infrastructure maintenance costs
24 through a utility bill issued by a municipality. If a municipality levies an infrastructure
25 fee, the municipality also may levy and collect green field special assessments.
26 As used in this section:
27 a. "General special assessments" means special assessments levied for the
28 purpose of maintaining existing roads and infrastructure and special
29 assessments levied for the construction or repair of arterial roads and
30 infrastructure that provide a benefit to the entire community.
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1 b. "Green field special assessments" means special assessments levied for
2 infrastructure costs associated with the development of agricultural or
3 undeveloped property.
4 SECTION 4. AMENDMENT. Section 40-05.1-06 of the North Dakota Century Code is
5 amended and reenacted as follows:
6 40-05.1-06. Powers.
7 From and after the filing with the secretary of state of a charter framed and approved in
8 reasonable conformity with the provisions of this chapter, such city, and the citizens thereof,
9 shall, if included in the charter and implemented through ordinances, have the following powers
10 set out in this chapter:
11 1. To acquire, hold, operate, and dispose of property within or without the corporate
12 limits, and, subject to chapter 32-15, exercise the right of eminent domain for such
13 purposes.
14 2. To control its finances and fiscal affairs; to appropriate money for its purposes, and
15 make payment of its debts and expenses; to contract debts, borrow money, issue
16 bonds, warrants, and other evidences of indebtedness; to establish charges for any
17 city or other services; and to establish debt limitations.
18 3. To levy and collect property taxes and special assessments for benefits conferred, for
19 its public and proprietary functions, activities, operations, undertakings, and
20 improvements, and establish mill levy limitations. Notwithstanding any authority
21 granted under this chapter, all property must be assessed in a uniform manner as
22 prescribed by the state board of equalization and the state supervisor of assessments
23 and all taxable property must be taxed by the city at the same rate unless otherwise
24 provided by law.
25 4. To levy and collect an infrastructure fee in lieu of general special assessments on all
26 residential and commercial property for payment of infrastructure maintenance costs
27 through a utility bill issued by a municipality. If a home rule city levies an infrastructure
28 fee, the home rule city also may levy and collect green field special assessments. As
29 used in this subsection:
30 a. "General special assessments" means special assessments levied for the
31 purpose of maintaining existing roads and infrastructure and special
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1 assessments levied for the construction or repair of arterial roads and
2 infrastructure that provide a benefit to the entire community.
3 b. "Green field special assessments" means special assessments levied for
4 infrastructure costs associated with the development of agricultural or
5 undeveloped property.
6 5. To levy and collect excises, fees, charges, franchise and license taxes, sales and use
7 taxes, farm machinery gross receipts taxes, alcoholic beverage gross receipts taxes, a
8 city lodging tax, and a city restaurant tax. For purposes of this section, any taxes
9 imposed under this section on farm machinery, farm irrigation equipment, and farm
10 machinery repair parts used exclusively for agricultural purposes, or on alcoholic
11 beverages, which were in effect on December 31, 2005, become gross receipts taxes
12 after December 31, 2005. After December 31, 2005, any portion of a charter or any
13 portion of an ordinance passed pursuant to a charter which does not conform to the
14 requirements of this section is invalid to the extent it does not conform. The invalidity
15 of a portion of a charter or ordinance because it does not conform with this subsection
16 does not affect the validity of any other portion of the charter or ordinance of the
17 eligibility for a refund under section 57-01-02.1. Ordinances enacted after August 1,
18 2017, may not allow for the collection and levy of any tax not otherwise specified
19 under this section. Sales and use taxes and gross receipts taxes levied under this
20 section:
21 a. Must conform in all respects with regard to the taxable or exempt status of items
22 under chapters 57-39.2, 57-39.5, 57-39.6, and 57-40.2 and may not be imposed
23 at multiple rates with the exception of sales of manufactured homes or mobile
24 homes.