North Dakota 2026 1st Special Session

North Dakota House Bill HB1353

Caption

A BILL for an Act to create and enact a new section to chapter 57-15 of the North Dakota Century Code, relating to limitations on property tax levies by taxing districts without voter approval; and to provide an effective date.

Summary

HB 1353 would place a statewide cap on how much property taxes levied in dollars by a taxing district could increase from one year to the next without voter approval. In general, a district’s levy could not rise by more than the consumer price index, capped at 3 percent, with adjustments required for changes in taxable property, changes in exemptions, and the expiration or reduction of temporary levies. If a district increases less than the allowed amount in one year, it could carry forward the unused increase for up to three succeeding taxable years, subject to limits in the bill. The bill also specifies several categories of levies that are exempt from the cap, including new or increased levy authority not available in the prior year, bonded indebtedness, the state medical center levy, the Garrison Diversion Conservancy District levy, certain special assessments and improvement-related taxes, and other levies authorized under specified statutes. Any levy above the cap would require approval by at least 60 percent of voting electors at a statewide primary or general election, and only for one taxable year at a time. Cities and counties would be prohibited from using home rule authority to override or modify the cap.

Impact

HB 1353 would add a new section to chapter 57-15 of the North Dakota Century Code and would broadly constrain the annual growth of property tax levies by taxing districts unless voters approve a higher increase. It would apply to all political subdivisions empowered to levy taxes, override other unused levy authority to the extent inconsistent with the bill, and take effect for taxable years beginning after December 31, 2024. The measure would affect local governments, special districts, and other taxing entities by limiting levy growth and creating a voter-approval mechanism for exceptions.

Sentiment

The available record shows no committee transcript or vote details, but the bill’s introduction by a group of Republican legislators suggests support from lawmakers favoring property tax restraint and taxpayer protections. The bill ultimately failed on February 11, 2025, indicating it did not secure enough legislative support to advance. Overall, the measure appears to have been framed as a property-tax limitation proposal rather than a revenue-expansion measure, which typically draws support from tax-limitation advocates and resistance from local government interests.

Contention

The main point of contention is likely the bill’s broad restriction on local taxing authority, especially the requirement that levy increases above inflation be approved by 60 percent of voters and the prohibition on cities and counties using home rule to bypass the cap. Local governments and special districts would likely object that the measure reduces flexibility to respond to rising costs, changing service demands, or temporary revenue needs. Another likely issue is the bill’s treatment of existing levy authority: it supersedes other provisions and limits growth even where a district may otherwise have unused authority, while still carving out multiple exemptions for certain debt service and statutorily authorized levies.

Companion Bills

No companion bills found.

Previously Filed As

ND HB1353

Limitations on property tax levies by taxing districts without voter approval; and to provide an effective date.

ND SB2378

Limitations on taxing district budgets without voter approval; and to provide an effective date.

ND HB1534

Limitations on taxable valuation increases without voter approval; and to provide an effective date.

ND HB1559

Limitations on taxable valuation of residential property; and to provide an effective date.

ND SB2295

Adjustments to state aid payments and a property tax levy for tuition payments; and to provide an effective date.

ND HB1168

Legacy fund definitions and the legacy earnings fund; to provide a statement of legislative intent; to provide for a legislative management study, to provide an appropriation; to provide an effective date; to provide an expiration date; and to declare an emergency.

ND HB1572

Park district bonding authority without a vote, reporting of legislative tax relief information, and delivery and contents of the real estate tax statement; to provide for a legislative management study; and to provide for a legislative management report.

ND SB2363

The determination of state aid payments, state aid minimum local effort, the protection of taxpayers and taxing districts, voter approval of excess levies in school districts, school district levies, and contents of the property tax statement; and to provide an effective date.

ND HB1176

Legacy fund definitions and the legacy earnings fund; to provide for a legislative management study; to provide for a legislative management report; to provide an appropriation; to provide an exemption; to provide an effective date; to provide an expiration date; and to declare an emergency.

ND SB2279

Adjustments to state aid payments, isolated school district transition payments, and taxable valuation impact on state aid; and to provide an effective date.

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