HB 1065 — County and Township Infrastructure Fund (North Dakota)
Status & Procedural History
- Introduced: November 12, 2024 (Political Subdivisions Committee, at the request of the State Treasurer).
- Passed both chambers (House vote: 90–3; Senate vote: 47–0).
- Engrossed/enrolled documents present; filed with the Secretary of State on March 14, 2025.
- Bill amends subsection 3 of NDCC § 57‑51.1‑07.8 (county and township infrastructure fund).
Purpose and intent
- To specify the annual distribution formula from the state’s county and township infrastructure fund to benefit townships in non‑oil‑producing counties, and to clarify how allocations are calculated, paid, and administered.
Key provisions
- Distribution amount: The state treasurer must distribute the lesser of (a) 13% of the fund balance or (b) $16,100,000 to non‑oil‑producing counties for the benefit of organized and unorganized townships.
- Allocation method: The distribution to each non‑oil‑producing county is to provide for an allocation to each organized and unorganized township that is proportional to that township’s number of township road miles relative to the combined township road miles across all organized and unorganized townships in all non‑oil‑producing counties.
- Mileage basis: “Township road miles” are to be based on certifications provided to the state treasurer under the roadway mileage criteria in NDCC § 54‑27‑19.1 (i.e., using Department of Transportation mileage certifications).
- Payment mechanics:
- Amounts allocated to organized townships: county treasurer must pay those amounts to each organized township.
- Amounts allocated to unorganized townships: county treasurer must credit amounts to a special fund designated for unorganized township roads.
- Eligibility: A township that does not maintain any township roads is ineligible to receive an allocation under this section.
Who is affected
- Primary: Organized and unorganized townships in non‑oil‑producing counties (and their county treasurers).
- Secondary: State Treasurer (distribution duty) and North Dakota Department of Transportation (provides mileage certifications used for allocation).
Implementation / administrative notes
- Requires coordination between DOT (for certified mileage), the State Treasurer (for calculating/disbursing distributions), and county treasurers (for making payments/crediting special funds).
- The bill does not specify an effective date in the posted text; consult enrolled bill or Secretary of State filing for any effective date or transition provisions.
Potential fiscal/operational impacts
- Directs a fixed ceiling ($16.1M) or percentage (13%) of the fund each distribution cycle; therefore it affects how much the county & township infrastructure fund reserves are applied to township road maintenance across non‑oil counties.
- Administrative burden is limited to certification, calculation, and payment/crediting duties for existing state and county offices.