Abolish Property Taxes

STATEMENT OF INTENT

This measure prohibits imposition of property taxes, poll taxes, and acreage taxes in the state effective

January 1, 2012.

BE IT RESOLVED BY THE PEOPLE OF NORTH DAKOTA:

That the following proposed amendments to sections 1, 4, 14, 15, and 16 of article X and repeal of

sections 5, 6, 7, 9, and 10 of article X of the Constitution of North Dakota are agreed to and must be

submitted to the qualified electors of North Dakota at the general election to be held in 2010, in

accordance with Section 9 article III of the Constitution of North Dakota.

SECTION 1. AMENDMENT. Section 1 of article X of the Constitution of North Dakota is amended and

reenacted as follows:

Section 1. The legislative assembly shall be and all political subdivisions are prohibited from

raising revenue to defray the expenses of the state or political subdivisions through the levying of a tax on

the assessed value of real or personal property.

SECTION 2. AMENDMENT. Section 4 of article X of the Constitution of North Dakota is amended and

reenacted as follows:

Section 4. All taxable property except as hereinafter in this section provided, shall be assessed

in the county, city, township, village or district in which it is situated, in the manner prescribed by law. The

property, including franchises of all railroads operated in this state, and of all express companies, freight

line companies, dining car companies, sleeping car companies, care equipment companies, or private

care line companies, telegraph or telephone companies, the property of any person, firm or corporation

used for the propose of furnishing electric light, heat or power, or in distributing the same for public use,

and the property of any other corporation, firm or individual now or hereafter operating in this state, and

used directly or indirectly in the carrying of persons, property or messages, shall be assessed by the state

board of equalization in a manner prescribed by such state board or commission as may be provided by

law. But should any railroad allow any portion of its railway to be used for any purpose other than the

operation of a railroad thereon, such portion of its railway, while so used shall be assessed in a manner

provided for the assessment of other real property.

1.

2.

Taxes upon real property which were used before 2012 to fund the operations of counties,

cities, townships, school districts, park districts, water districts, irrigation districts, fire

protection districts, soil conservation districts, and other political subdivisions with authority to

levy property taxes must be replaced with revenues from the proceeds of state sales taxes,

individual and corporate income taxes, oil and gas production and extraction taxes, tobacco

taxes, lottery revenues, financial institutions taxes, and other state resources.

The legislative assembly shall direct as much oil and gas production and extraction tax,

tobacco tax, lottery revenue, and financial institutions tax as necessary to fund the share of

elementary and secondary education not funded through state revenue sources before 2012.

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The state cannot condition the expenditure of this portion of elementary and secondary

education funding in any manner and school boards have sole discretion in how to allocate

the expenditure of this portion of the elementary and secondary funding provided.

3.

SECTION 3. AMENDMENT. Section 14 of article X of the Constitution of North Dakota is

amended and reenacted as follows:

The legislative assembly shall direct a share of sales taxes, individual and corporate income

taxes, insurance premium taxes, alcoholic beverage taxes, mineral leasing fees, and gaming

taxes and any oil and gas production and extraction taxes, tobacco taxes, lottery revenues,

and financial institutions taxes not allocated to elementary and secondary schools to

counties, cities, and other political subdivisions according to a formula devised by the

legislative assembly to fully and properly fund the legally imposed obligations of the counties,

cities, townships and other political subdivisions. The allocation of the amount determined by

the legislative assembly must be provided to the governing bodies of counties, cities,

townships, and other political subdivisions. How counties, cities, townships, and other

political subdivisions choose to allocate the expenditures of this revenue is at the sole

direction of the governing bodies of counties, cities, townships, and other political

subdivisions.

Section 14.

  1. Notwithstanding any other provision in the constitution, and for the purpose of

promoting the economic growth of the state, the development of its natural resources,

and the prosperity and welfare of its people, the state may issue bonds and use the

proceeds thereof to make loans to privately or cooperatively owned enterprises to

plan, construct, acquire, equip, improve, and extend facilities for converting natural

resources into power and generating and transmitting such power, and to acquire

real and personal property and water and mineral rights needed for such facilities.

  1. The state may issue general obligation bonds for this purpose to an amount which,

with all outstanding general obligation bonds, less the amount of all money on hand

and taxes in process of collection which are appropriated for their payment, will not

exceed five percent of the full and true

This may be done only if the privately and cooperatively owned enterprises can

demonstrate they are unable to acquire such funding on their own, through the

private market.

market value of all the taxable property in the

state, to be ascertained by the last assessment made for state and county purposes:

but nothing therein shall. The provision does not

  1. The state may also issue revenue bonds for the purpose of providing part or all of the

funds required for any project undertaken under subsection 1, payable solely from

sums realized from payments of principal and interest on money loaned for such

project, and from other similar projects if so determined by the legislature

increase or diminish the limitations

established by other provision of the constitution on the amount of bonds therein

authorized to be issued.

legislative

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assembly

  1. The full faith and credit of the state shall be pledged for the prompt and full payment

of all bonds issued under subsection 2. Its obligation with respect to bonds issued

under subsection 3 shall be limited to the prompt and full performance of such

covenants as the legislature

, and from the liquidation of security given for such payments. Revenue

bonds issues for any project shall not exceed the cost thereof, including all expenses

reasonably incurred to complete and finance the project, but shall not be subject to

any other limitation of amount.

legislative assembly may authorize to be made

respecting the enforcing of the provisions of the underlying loan agreements and the

segregation, accounting, and application of bind proceeds and of loan payment and

other security pledged for the payment of the bonds. All bonds authorized by

subsections 1 to 3, inclusive, shall mature within forty years from their respective

dates of issue, but may be refunded at or before maturity in such manner and for

such term and upon such conditions as the legislature legislative assembly may

direct. Any such bonds may, but need not be, secured by mortgage upon real or

personal property acquired with the proceeds of the same or any other issue of

general obligation or revenue bonds, or upon other property mortgaged by the

debtor. Pledges of revenues and mortgages of property securing bonds of any issue

may be prior to subordinate to or on a parity with pledges and mortgages securing

any other issue of general obligation or revenue bonds, as determined by the

legislature legislative assembly

  1. The legislature

from time to time in conformity with any provisions

made for the security of outstanding bonds.

legislative assembly

  1. If any subsection of this amendment, or any part of a subsection, or any application

thereof to particular circumstances should be held invalid for any reason, such

invalidity shall not affect the validity of all remaining provisions of this amendment

which may be given effect without that which is declared invalid, as applied to any

circumstances and for this purpose all subsections and parts of subsections and

applications thereof are declared to be severable.

shall pass such laws as are appropriate to

implement this amendment.

SECTION 4. AMENDMENT. Section 15 of article X of the Constitution of North Dakota is

amended and reenacted as follows:

Section 15. The debt of any county, township, city, town, school district, or any other political

subdivision, shall never exceed five per centum upon the assessed market value of the taxable property

therein; provided that any incorporated city may, by a two-thirds vote, increase such indebtedness three

per centum on such assessed market value beyond said five per centum limit, and a school district, by a

majority vote may increase such indebtedness five percent on such assessed market value beyond said

five per centum limit; provided also that any county or city by a majority vote may issue bonds upon any

revenue-producing utility owned by such county or city, or for the purchasing or acquiring the same or

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building or establishment thereof, in amounts not exceeding the physical value of such utility, industry or

enterprise.

In estimating the indebtedness which a city, county, township, school district, or any other political

subdivision may incur, the entire amount, exclusive of the bonds upon said revenue-producing utilities,

whether contracted prior or subsequent to the adoption of this constitution, shall be included; provided

further that any incorporated city may be indebted in any amount not exceeding four per centum of such

assessed market

SECTION 5. AMENDMENT. Section 16 of article X of the Constitution of North Dakota is

amended and reenacted as follows:

value without regard to the existing indebtedness of such city for the purposes of

constructing or purchasing waterworks for furnishing a supply of water to the inhabitants of such city, or

for the purpose of constructing sewers, and for no other purposes whatever. All bonds and obligations in

excess of the amount of indebtedness permitted by this constitution, given by any city, county, township,

town, school district, or any other political subdivision shall be void.

Section 16. Any city, county, township, town, school district, or any other political subdivision

incurring indebtedness shall, at or before the time of so doing, provide for the collection of an annual tax

revenues

SECTION 6. REPEAL. Sections 5, 6, 7, 9, and 10 of article X of the Constitution of North Dakota

are repealed.

sufficient to pay the interest and also the principal thereof when due, and all laws or ordinances

providing for the payment of the interest or principal of any debt shall be irrepealable until such debt is

paid.

SECTION 7. EFFECTIVE DATE. If approved by the voters, this measure becomes effective on

January 1, 2012.