The House has defeated a resolution that would prohibit the use of property taxes in funding for K-12 education.
The resolution claims the language of North Dakota's constitution is clear in its wording that the use of property taxes to fund education is unconstitutional. The resolution came to the floor with a 7 to 7 vote from the Finance and Taxation committee, which was deadlocked on what to recommend for the resolution. Republican Representative Ben Koppelman says he supports the resolution.
"I think it's a little bit difficult for us to take the position, when confronted by all these portions of our Constitution that seem to be clear - and then say, because this is expensive, and for years it's been our policies to help fund K-12 education through property tax, that we don't really want to listen to the Constitution in its plain reading."
Republican Representative Mark Owens did not support the resolution. He says this question of the constitutionality of property taxes has come up before - and it was ruled in favor of by the Supreme Court. He says the way North Dakota uses property taxes to pay for public education is not a requirement, and therefore is not unconstitutional.
"Yes, the per pupil payment deducts 60 mills if you're doing 60 mills. We have a number of school districts out there that currently do not levy 60 mills, they levy less than 60 mills. But not only then do we not charge them the 60 mills, we make up for the difference - which personally I'm against, because there's no incentive for them to get on the formula. But nevertheless, that's what we do. If they charge 29 mills, we cover the difference and we only deduct 29 mills, is my understanding."
The resolution failed on a vote of 20 to 73.