§ 57-40.6-02 — Authority of counties or cities to impose fee on assessed communications service - Procedure

North Dakota § 57-40.6-02

• Jurisdiction: North Dakota
• Title 57: Taxation
• Ch. 57-40.6: Emergency Services Communication Systems

Text

communications service - Procedure.
The governing body of a county or city may impose a fee on all assessed communications
services in accordance with the following requirements:
1. The governing body shall adopt a resolution that proposes the adoption of the fee
permitted under this section. The resolution must specify an effective date for the fee
which is no more than two years before the expected implementation date of the
emergency services communication system to be funded by the fee. The resolution
must include a provision for submitting the proposed fee to the electors of the county
or city before the imposition of the fee is effective. The resolution must specify a fee
that does not exceed one dollar and fifty cents per month per communication

connection and must be applied equally upon all assessed communications services.
Prepaid wireless service is not subject to the fee imposed under this section.
2. A political subdivision shall add a fee of fifty cents to the fee imposed on assessed
communications services established under subsection 1. The additional fifty cents per
communication connection must be remitted to the state treasurer for deposit in the
statewide interoperable radio network fund in accordance with section 37-17.3-12 for
ongoing administrative and operational maintenance costs of the statewide
interoperable radio network. The funds collected under this subsection must be
expended in a manner consistent with the recommendations of the statewide
interoperability executive committee.
3. The question of the adoption of the fee must be submitted on a petition on which the
petition title of the proposition includes the maximum monthly rate of the proposed fee
authorized under subsection 1. The question of the adoption of the fee may be
submitted to electors at a general, primary, or special election or at a school district
election if the boundaries of the school district are coterminous with the boundaries of
the governing body adopting the resolution proposing the adoption of the fee. The fee
is not effective unless it is approved by a majority of the electors voting on the
proposition. The ballot must be worded so that a "yes" vote authorizes imposition of
the fee.
4. Once established by this section, the maximum fee may be increased, decreased, or
eliminated by a majority vote of the electors. The question may be placed on the ballot
of any general, primary, or special election by a resolution of the governing body, or by
a petition signed by ten percent or more of the total number of qualified electors of the
political subdivision voting for governor at the most recent gubernatorial election and
submitted to the governing body. By action of the governing body, the fee amount
collected may be adjusted, subject to the maximum approved by the voters, to meet
the costs allowed by this chapter.
5. In any geographic area, only one political subdivision may impose the fee and
imposition must be based on the subscriber service address.
6. In the interest of public safety, where the subscriber's telephone exchange access
service boundary and the boundary of the political subdivision imposing the fee do not
coincide, and where all of the political subdivisions within the subscriber's telephone
exchange access service boundary have not complied with subsection 1, and where a
majority of the subscribers within the subscriber's telephone exchange access service
boundary have voted for the fee, a telephone exchange access service subscriber
whose subscriber service address is outside the political subdivision may receive 911
services by signing a contract agreement with the political subdivision providing the
emergency services communication system. The telephone exchange access service
provider may collect an additional fee, equal in amount to the basic fee on those
subscribers within the exchange boundary. The additional fee amounts collected must
be remitted as provided in this chapter.
7. A fee imposed under this section before August 1, 2007, on telephone exchange
access service is extended to all assessed communications services and will remain in
effect until changed pursuant to subsection 4.