HB 1482 — Summary (North Dakota, 69th Legislative Assembly)
Status & Sponsors
- Title: An Act to amend and reenact sections 15.1‑07‑03, 15.1‑07‑04, 21‑03‑04, 21‑03‑07, 21‑03‑11, and 21‑03‑13 of the North Dakota Century Code, relating to a school district debt limit election, the requirements of a municipal bond election, and the contents of a ballot.
- Introduced: December 2, 2024. Filed with Secretary of State: April 28, 2025.
- Sponsors: Representatives Wagner, Dockter, Heinert, J. Johnson, McLeod, Meier, D. Ruby, Schreiber‑Beck, Swiontek, Warrey; Senators Sorvaag, Weber.
Purpose and intent
- To clarify and revise statutory procedures for (1) placing school district indebtedness limit questions on election ballots and related notice requirements, and (2) municipal borrowing limits, authorization thresholds for bond issues, and required ballot content for municipal bond elections.
Key provisions and changes
1. School district indebtedness elections (amends 15.1‑07‑03 and 15.1‑07‑04)
- Boards may place a question on the ballot at any regular primary, general, or special election to increase the district’s constitutional limit of indebtedness by 5% of assessed valuation.
- If a petition requesting that increase is signed by qualified electors equal to at least one‑third of those who voted at the district’s most recent annual school district election, the board must place the question on the ballot at the next regular primary, general, or special election.
- When such a question is on the ballot, the board must ensure the question is clearly stated in the election notice. If the board calls a special election for the question, the board must publish notice in the district’s official newspaper at least 14 days before the election.
Municipal borrowing limits and exceptions (amends 21‑03‑04)
- Restates the general rule that a municipality may not incur indebtedness (together with existing indebtedness) exceeding 5% of assessed taxable property value, but lists exceptions:
- An incorporated city may, by two‑thirds vote of qualified voters at a primary, general, or special election, increase its limit by 3% beyond the 5% limit.
- A school district may, by majority vote of qualified voters at a primary, general, or special election, increase its limitation by 5% beyond the 5% limit.
- Other enumerated exceptions include issuance of bonds on revenue‑producing utilities and specific authority for waterworks/sewer indebtedness (up to 4% under specified procedures).
- Retains rule that bonds issued in excess of statutory limits are void.
Municipal bond election requirements and ballot content (amends 21‑03‑07, 21‑03‑11, 21‑03‑13)
- Reaffirms that counties, cities, public school districts, and park districts generally must obtain voter authorization (a 60% affirmative vote of those voting on the question at a primary or general election) before issuing bonds, subject to the exceptions in 21‑03‑04 and other statutory carve‑outs.
- Modifies and clarifies statutory language governing exceptions, required procedures (publication and protest periods), and the circumstances under which governing bodies may issue bonds without an election.
- Amends provisions related to the required contents of bond ballots (sections 21‑03‑11 and 21‑03‑13). (Text in available excerpts is truncated; amendments appear to focus on clarifying ballot language and procedural requirements.)
Who is affected
- School district boards and electors: more prescriptive petition and notice procedures for asking voters to increase debt limits.
- Municipal governments (cities, counties, park districts) and their voters: clarifications of borrowing limits, voter approval thresholds, and procedural steps for bond authorization.
- Property owners/taxpayers: potential fiscal impact if increased limits lead to additional municipal or school district debt and associated taxes (bill itself does not appropriate funds).
Procedural / timeline aspects
- Petition threshold for school debt‑limit ballot placement: signatures from qualified electors equal to at least one‑third of those voting in the most recent annual school district election triggers mandatory placement at the next regular primary, general, or special election.
- Special election notice: publication in official district newspaper at least 14 days before the special election.
- Many municipal bond‑related provisions retain publication and protest windows (e.g., 60‑day protest filing after publication for certain highway‑related bond resolutions).
Notes and caveats
- The legislative extracts provided are sometimes truncated; where full text was not available (notably for sections 21‑03‑11 and 21‑03‑13), the summary describes the apparent scope and intent of the amendments rather than line‑by‑line changes.
- The bill organizes/modernizes election‑related language (e.g., consistent references to “primary, general, or special” elections) and clarifies procedural steps; it does not itself appropriate funds.
