North Dakota 69th Legislative Assembly (2025-26) Status: Passed Senate 6 R cosponsors

SB 2208 — A BILL for an Act to amend and reenact subsection 9 of section 57-51.1-07.5 and sections 57-51.1-07.7 and 57-51.1-07.8 of the North Dakota Century Code, relating to the state share of oil and gas tax revenue allocations, the municipal infrastructure fund, and the county and township infrastructure fund.

Last action — Second reading, failed to pass, yeas 19 nays 27

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 69th Legislative Assembly (2025-26). It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Relating to the state share of oil and gas tax revenue allocations, the municipal infrastructure fund, and the county and township infrastructure fund.

Bill Text

What changed in the latest version

164 added · 111 removed

Plain-language change summary

The latest version of Senate Bill 2208 includes a new provision that mandates the allocation of $59.75 million in oil and gas tax revenue to support infrastructure development specifically in non-oil-producing counties. This money will be split evenly between a municipal infrastructure fund and a county and township infrastructure fund. The changes matter because they enhance financial support for local infrastructure projects in areas that may not benefit directly from oil production, ensuring that all regions have opportunities for development and improvement of essential services.

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25.1104.01000 Sixty-ninth Legislative Assembly SENATE BILL NO.
25.1104.02000 Sixty-ninth Legislative Assembly of North Dakota FIRST ENGROSSMENT ENGROSSED SENATE BILL NO.
2208 of North Dakota Introduced by Senators Patten, Bekkedahl, Erbele, Kessel Representatives Brandenburg, Porter A BILL for an Act to amend and reenact sections 57-51.1-07.7 and 57-51.1-07.8 of the North Dakota Century Code, relating to the municipal infrastructure fund and the county and township infrastructure fund.
2208 Introduced by Senators Patten, Bekkedahl, Erbele, Kessel Representatives Brandenburg, Porter A BILL for an Act to amend and reenact subsection 9 of section 57-51.1-07.5 and sections 57-51.1-07.7 and 57-51.1-07.8 of the North Dakota Century Code, relating to the state share of oil and gas tax revenue allocations, the municipal infrastructure fund, and the county and township infrastructure fund.
Subsection 9 of section 57-51.1-07.5 of the North Dakota Century Code is amended and reenacted as follows:
9.
The next fifty-nine million seven hundred fifty thousand dollars, or the amount necessary to provide for twice the amount of the distributions under subsection 24 of section 57-51.1-07.7, into the funds designated for infrastructure development in non-oil-producing counties under sections 57-51.1-07.7 and 57-51.1-07.8 with fifty percent deposited into the municipal infrastructure fund and fifty percent deposited into the county and township infrastructure fund;
SECTION 2.
AMENDMENT.
The grant funding may be distributed only to cities located in non-oil-producing counties, excluding hub cities, and may be used only for essential infrastructure projects.
The grant funding Page No.
1 25.1104.02000 Sixty-ninth Legislative Assembly may be distributed only to cities located in non-oil-producing counties, excluding hub cities, and may be used only for essential infrastructure projects.
Page No.
3.
1 25.1104.01000 Sixty-ninth Legislative Assembly 3.
If a city adopts an ordinance or policy that interferes or conflicts with an energy infrastructure project permitted or approved by a state agency, the city is not eligible to receive any grants from the fund beginning on the later of the date on which the city adopted the ordinance or policy, or the date on which the state agency permits or approves the project.
If a city adopts an ordinance or policy that exceeds state statute, administrative rule, or policy or interferes, unreasonably restricts, or conflicts with an agriculture or energy infrastructure project that is required to be permitted or approved by a state agency, as reported under this subdivision, the city is not eligible to receive any grants from the fund beginning on the date on which the state treasurer is notified by the board of university and school lands of a determination of a violation under this subdivision.
(1) For purposes of this subdivision, an agriculture or energy infrastructure project includes a project permitted or approved under chapter 4.1-25, 23.1-06, 38-08, 38-22, 49-22, 49-22.1, or 61-28 or under administrative rules related to the implementation of those chapters but excludes wind and solar projects approved or permitted under chapter 49-22.
Page No.
2 25.1104.02000 Sixty-ninth Legislative Assembly (2) A person may report a suspected violation under this subdivision to the board of university and school lands in the form and manner prescribed by the board.
The report must include the name of the city, the city's ordinance or policy suspected of violating state statute, administrative rule, or policy, and the state statute, administrative rule, or policy which the person suspects is violated by the city's ordinance or policy.
Within thirty days after receiving the report, the board shall investigate the suspected violation, in consultation with a state agency having jurisdiction over the relevant state statute, administrative rule, or policy, and shall provide a written determination to the person who submitted the report and to the city named in the report.
The board shall notify the state treasurer if the determination identifies a violation.
Any person aggrieved by the determination may appeal the determination using the procedure under chapter 28-32.
2 25.1104.01000 Sixty-ninth Legislative Assembly 3.5.
3 25.1104.02000 Sixty-ninth Legislative Assembly 3.5.
3 25.1104.01000 Sixty-ninth Legislative Assembly f.
4 25.1104.02000 Sixty-ninth Legislative Assembly f.
SECTION 2.
SECTION 3.
4 25.1104.01000 Sixty-ninth Legislative Assembly 57-51.1-07.8.
5 25.1104.02000 Sixty-ninth Legislative Assembly 57-51.1-07.8.
If a county or township adopts an ordinance or policy that interferes or conflicts with an energy infrastructure project permitted or approved by a state agency, the county or township is not eligible to receive any grants from the fund beginning Page No.
If a county or township adopts an ordinance or policy that exceeds state statute, administrative rule, or policy or interferes, unreasonably restricts, or conflicts with an agriculture or energy infrastructure project that is required to be permitted or approved by a state agency, as reported under this subdivision, the county or Page No.
5 25.1104.01000 Sixty-ninth Legislative Assembly on the later of the date on which the city adopted the ordinance or policy, or the date on which the state agency permits or approves the project.
6 25.1104.02000 Sixty-ninth Legislative Assembly township is not eligible to receive any grants from the fund beginning on the date on which the state treasurer is notified by the board of university and school lands of a determination of a violation under this subdivision.
(1) For purposes of this subdivision, an agriculture or energy infrastructure project includes a project permitted or approved under chapter 4.1-25, 23.1-06, 38-08, 38-22, 49-22, 49-22.1, or 61-28 or under administrative rules related to the implementation of those chapters but excludes wind and solar projects approved or permitted under chapter 49-22.
(2) A person may report a suspected violation under this subdivision to the board of university and school lands in the form and manner prescribed by the board.
The report must include the name of the county or township, the county's or township's ordinance or policy suspected of violating state statute, administrative rule, or policy, and the state statute, administrative rule, or policy which the person suspects is violated by the county's or township's ordinance or policy.
Within thirty days after receiving the report, the board shall investigate the suspected violation, in consultation with any state agency having jurisdiction over the relevant state statute, administrative rule, or policy, and shall provide a written determination to the person who submitted the report and to the county or township named in the report.
The board shall notify the state treasurer if the determination identifies a violation.
Any person aggrieved by the determination may appeal the determination using the procedure under chapter 28-32.
The state treasurer shall distribute the lesser of thirteen percent of the balance of the fund or sixteen million one hundred thousand dollars to non-oil-producing counties for the benefit of the organized and unorganized townships within each non-oil-producing county.
The state treasurer shall distribute the lesser of thirteen percent of the balance of the fund or sixteen million one hundred thousand dollars to non-oil-producing counties for the benefit of the organized and unorganized townships within each non-oil-producing Page No.
7 25.1104.02000 Sixty-ninth Legislative Assembly county.
Page No.
5.7.
6 25.1104.01000 Sixty-ninth Legislative Assembly 5.7.
"Road and bridge infrastructure projects" means the projects associated with the construction of new unpaved and paved road and bridge infrastructure or associated with the maintenance, repair, or replacement of existing unpaved and paved road and bridge infrastructure.
"Road and bridge infrastructure projects" means the projects associated with the construction of new unpaved and paved road and bridge infrastructure or Page No.
8 25.1104.02000 Sixty-ninth Legislative Assembly associated with the maintenance, repair, or replacement of existing unpaved and paved road and bridge infrastructure.
7 25.1104.01000
9 25.1104.02000
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How this bill changes current law

3 changes Share ↗

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill modifies the allocation and reporting requirements for oil and gas tax revenue to enhance funding for infrastructure development in non-oil-producing counties.

  • 57-51.1-07.5

    the next fifty-nine million seven hundred fifty thousand dollars, or the amount necessary to provide for twice the amount of the distributions under subsection 24 of section 57-51.1-07.7, into the funds designated for infrastructure development in non-oil-producing counties under sections 57-51.1-07.7 and 57-51.1-07.8 with fifty percent deposited into the municipal infrastructure fund and fifty percent deposited into the county and township infrastructure fund; → the next fifty-nine million seven hundred fifty thousand dollars, or the amount necessary to provide for twice the amount of the distributions under subsection 24 of section 57-51.1-07.7, into the funds designated for infrastructure development in non-oil-producing counties under sections 57-51.1-07.7 and 57-51.1-07.8 with fifty percent deposited into the municipal infrastructure fund and fifty percent deposited into the county and township infrastructure fund;

    This change establishes a structured allocation for infrastructure development funding.

  • 57-51.1-07.7

    There is created in the state treasury the municipal infrastructure fund. The fund consists of all moneys deposited in the fund under section 57-51.1-07.5. All moneys in the fund are appropriated to the state treasurer on a continuing basis for the purpose of providing grants to cities located in non-oil-producing counties. The grant funding may be distributed only to cities located in non-oil-producing counties, excluding hub cities, and may be used only for essential infrastructure projects. → There is created in the state treasury the municipal infrastructure fund. The fund consists of all moneys deposited in the fund under section 57-51.1-07.5. All moneys in the fund are appropriated to the state treasurer on a continuing basis for the purpose of providing grants to cities located in non-oil-producing counties. The grant funding may be distributed only to cities located in non-oil-producing counties, excluding hub cities, and may be used only for essential infrastructure projects.

    This change maintains the fund's purpose while ensuring allocations specifically support cities in non-oil-producing counties.

  • 57-51.1-07.8

    There is created in the state treasury the county and township infrastructure fund. The fund consists of all moneys deposited in the fund under section 57-51.1-07.5. All moneys in the fund are appropriated to the state treasurer on a continuing basis for the purpose of providing grants to non-oil-producing counties and townships located in non-oil-producing counties. The grant funding may be distributed only to non-oil-producing counties and townships located in non-oil-producing counties and may be used only for road and bridge infrastructure projects. → There is created in the state treasury the county and township infrastructure fund. The fund consists of all moneys deposited in the fund under section 57-51.1-07.5. All moneys in the fund are appropriated to the state treasurer on a continuing basis for the purpose of providing grants to non-oil-producing counties and townships located in non-oil-producing counties. The grant funding may be distributed only to non-oil-producing counties and townships located in non-oil-producing counties and may be used only for road and bridge infrastructure projects.

    This modification confirms that funding is allocated specifically for infrastructure projects in non-oil-producing counties and townships.

Action History

  1. Second reading, failed to pass, yeas 19 nays 27

  2. Amendment adopted, placed on calendar

  3. Reported back amended, do not pass, placed on calendar 5 2 0

  4. Committee Hearing 02:30

  5. Introduced, first reading, referred Energy and Natural Resources Committee

Sponsors

Sponsorship breakdown

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1 sponsors · 5 co-sponsors · 142 not signed on · 27 voted No

Sponsors (1)

Co-sponsors (5)

Not signed on (142)

142 members have not signed on to this bill.

Show all 142 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Motion for Final Passage on SB 2208

Failed 19 Yea · 27 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 192300
Democratic 0401
Total 192701
% of votes cast 40%57%0%2%
How each member voted (47)
Member Party Vote
Boschee, Josh Democratic Nay
Braunberger, Ryan Democratic Nay
Hogan, Kathy Democratic Not Voting
Marcellais, Richard Democratic Nay
Mathern, Tim Democratic Nay
Axtman, Michelle Republican Yea
Barta, Jeff Republican Yea
Beard, Todd Republican Nay
Bekkedahl, Brad Republican Yea
Boehm, Keith Republican Nay
Burckhard, Randy A. Republican Yea
Castaneda, Jose L. Republican Nay
Cleary, Sean Republican Yea
Clemens, David A. Republican Nay
Conley, Cole Republican Yea
Cory, Claire Republican Nay
Davison, Kyle Republican Nay
Dever, Dick Republican Yea
Dwyer, Michael Republican Nay
Enget, Mark Republican Nay
Erbele, Robert Republican Yea
Gerhardt, Justin Republican Nay
Hogue, David Republican Yea
Kessel, Greg Republican Yea
Klein, Jerry Republican Yea
Larson, Diane Republican Yea
Lee, Judy Republican Yea
Lemm, Randy D. Republican Nay
Luick, Larry Republican Nay
Magrum, Jeffery J. Republican Nay
Meyer, Scott Republican Yea
Myrdal, Janne Republican Nay
Patten, Dale Republican Yea
Paulson, Bob Republican Nay
Powers, Michelle Republican Nay
Roers, Kristin Republican Yea
Rummel, Dean Republican Yea
Schaible, Donald Republican Yea
Sickler, Jonathan Republican Nay
Sorvaag, Ronald Republican Nay
Thomas, Paul J. Republican Nay
Walen, Chuck Republican Nay
Wanzek, Terry M. Republican Yea
Weber, Mark F. Republican Nay
Weston, Kent Republican Nay
Wobbema, Mike Republican Nay
van Oosting, Desiree Republican Nay

Official roll call →

Subjects

taxation transportation
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 2208 do?
Relating to the state share of oil and gas tax revenue allocations, the municipal infrastructure fund, and the county and township infrastructure fund.
Who sponsors SB 2208?
SB 2208 is sponsored by Porter, Todd (Republican), Kessel, Greg (Republican), Erbele, Robert (Republican), Brandenburg, Mike (Republican), Bekkedahl, Brad (Republican), and Patten, Dale (Republican).
What is the current status of SB 2208?
This bill died with 69th Legislative Assembly (2025-26). It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 2208?
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