N.D. Cent. Code § 57-39.2-26.1

Current through the 2023 Legislative Sessions

Section 57-39.2-26.1 - State aid distribution fund - State treasurer - Continuing appropriation

Notwithstanding any other provision of law, a portion of sales, gross receipts, use, and motor vehicle excise tax collections, equal to forty-three and one-half percent of an amount determined by multiplying the quotient of one percent divided by the general sales tax rate, that was in effect when the taxes were collected, times the net sales, gross receipts, use, and motor vehicle excise tax collections under chapters 57-39.2, 57-39.5, 57-39.6, 57-40.2, and 57-40.3 must be deposited by the state treasurer in the state aid distribution fund. The state tax commissioner shall certify to the state treasurer the portion of sales, gross receipts, use, and motor vehicle excise tax net revenues that must be deposited in the state aid distribution fund as determined under this section. Revenues deposited in the state aid distribution fund are appropriated to the state treasurer on a continuing basis and must be allocated monthly as follows:

1. Fifty-three and seven-tenths percent of the revenues must be allocated to counties as provided in this subsection.

a. Sixty-four percent of the amount must be allocated among the seventeen counties with the greatest population, in the following manner:

(1) Thirty-two percent of the amount must be allocated equally among the counties; and

(2) The remaining amount must be allocated based upon the proportion each such county's population bears to the total population of all such counties.

b. Thirty-six percent of the amount must be allocated among all counties, excluding the seventeen counties with the greatest population, in the following manner:

(1) Forty percent of the amount must be allocated equally among the counties; and

(2) The remaining amount must be allocated based upon the proportion each such county's population bears to the total population of all such counties.

A county shall deposit all revenues received under this subsection in the county general fund. Each county shall reserve a portion of its allocation under this subsection for further distribution to, or expenditure on behalf of, townships, rural fire protection districts, rural ambulance districts, soil conservation districts, county recreation service districts, county hospital districts, the Garrison Diversion Conservancy District, the southwest water authority, and other taxing districts within the county, excluding school districts, cities, and taxing districts within cities. The share of the county allocation under this subsection to be distributed to a township must be equal to the percentage of the county share of state aid distribution fund allocations that township received during calendar year 1996. The governing boards of the county and township may agree to a different distribution.

2. Forty-six and three-tenths percent of the revenues must be allocated to cities based upon the proportion each city's population bears to the total population of all cities.

A city shall deposit all revenues received under this subsection in the city general fund. Each city shall reserve a portion of its allocation under this subsection for further distribution to, or expenditure on behalf of, park districts and other taxing districts within the city, excluding school districts. The share of the city allocation under this subsection to be distributed to a park district must be equal to the percentage of the city share of state aid distribution fund allocations that park district received during calendar year 1996, up to a maximum of thirty percent. The governing boards of the city and park district may agree to a different distribution.

3. The state treasurer, for the purpose of making revenue allocations to counties and cities for each month of the fiscal year under this section, shall determine the population of counties and cities before the first day of the fiscal year using the most recent actual or estimated census data published by the United States census bureau.

N.D.C.C. § 57-39.2-26.1

Amended by S.L. 2021 , ch. 475( HB 1379 ), § 1, eff. 7/1/2021.

Amended by S.L. 2015, ch. 455 (HB 1067),§ 2, eff. 7/1/2021.

Amended by S.L. 2015, ch. 455 (HB 1067),§ 1, eff. 7/1/2015.

Amended by S.L. 2013 , ch. 449( SB 2325 ), § 16, eff. 7/1/2014.

Amended by S.L. 2011 , ch. 472( SB 2253 ), § 1, eff. 7/1/2011.

See S.L. 2021 , ch. 475( HB 1379 ), § 2.