HB 1389 North Dakota House · 69th Legislative Assembly (2025-26)

A BILL for an Act to amend and reenact sections 11-11-55.1, 40-22-01.3, and 57-15-41 of the North Dakota Century Code, relating to infrastructure fees levied by cities and counties, and the exemption of infrastructure fees from levy limitations.

This bill exempts infrastructure fees collected by North Dakota cities and counties from local tax spending limits. It ensures fees for projects like roads, sewers, or utilities won't count toward the maximum taxes a city or county can levy under state law. The law applies to fees defined in specific sections of the North Dakota Century Code (including sections 11-11-55.1 and 40-22-01.3). This change directly affects how local governments fund infrastructure projects without triggering budget restrictions.

Bill status passed 3 of 5 stages cleared

Introduction

Jan 2025

Committee Review

Mar 2025

House Passage

Feb 2025

Senate Failed

Mar 2025

Governor

Introduced Jan 13, 2025 Last action Mar 26, 2025

Maddy AI version diff · 1 comparison

What changed between versions

INTRODUCED → FIRST ENGROSSMENT · 5 edits

MODERATE

The bill was amended to expand its scope from only amending one section of the North Dakota Century Code to amending three sections, adding new provisions for infrastructure fees in both counties and municipalities. The changes clarify how infrastructure fees can replace special assessments, establish public notice and protest procedures, and define key terms like 'general' and 'green field' special assessments.

Scope change

The bill now applies to both counties and municipalities, whereas the original version only addressed counties. It also adds new statutory sections covering infrastructure fees for municipalities.

SCOPE

Added amendments to section 40-22-01.3 to authorize municipalities to levy infrastructure fees, expanding the bill's applicability beyond just counties.

REQUIREMENT

Established new requirements for public notice, public hearings, and protest procedures before infrastructure fees can be levied.

DEFINITION

Added definitions for 'general special assessments' and 'green field special assessments' to clarify what types of fees and assessments are covered.

ELIGIBILITY

Modified the original section to include both counties and municipalities as eligible entities that can levy infrastructure fees.

FISCAL

Clarified that infrastructure fees must replace general special assessments and can only be used for infrastructure maintenance costs.

Floor votes · Senate Mar 26, 2025 · House Feb 13, 2025

How they voted

3–44

Failed

Total votes 47

Mar 26, 2025

D Democratic5

5 Nay

100% Nay

R Republican42

3 Yea 39 Nay

92% Nay

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Mar 26, 2025

Vote failed

Senate Vote: fail (3-44)

senate

Mar 25, 2025

Upper · Passed

Reported back, do not pass, placed on calendar 5 1 0

upper

Mar 12, 2025

Upper · Passed

Committee Hearing 09:00

upper

Feb 17, 2025

Introduced

Introduced, first reading, referred Finance and Taxation Committee

upper

Feb 13, 2025

House · Passed

House Vote: pass (89-0-3)

house

Feb 12, 2025

Lower · Passed

Second reading, passed, yeas 91 nays 0

lower

Feb 11, 2025

Lower · Passed

Amendment adopted, placed on calendar

lower

Feb 10, 2025

Lower · Passed

Reported back amended, do pass, amendment placed on calendar 11 2 1

lower

Jan 29, 2025

Lower · Passed

Committee Hearing 09:30

lower

Jan 13, 2025

Introduced

Introduced, first reading, referred Finance and Taxation Committee

lower

1 primary · 3 co-sponsors