North Dakota was done by Heather Jacobsen It is ready to go JW 5/30/06 *** CSTART ND 01/01/1981 01/01/2000 *** CONSTITUTION OF NORTH DAKOTA, as revised and renumbered in 1981 *** ASTART 9001.0 ND 1981 *** PREAMBLE *** SSTART 001.0 9001.0 0 ND 1981 *** We, the people of North Dakota, grateful to Almighty God for the blessings of civil and religious liberty, do ordain and establish this constitution. *** SEND *** *** AEND *** *** ASTART 001.0 ND 1981 *** ARTICLE I DECLARATION OF RIGHTS *** SSTART 001.0 001.0 0 ND 1981 *** SECTION 1. All men are by nature equally free and independent and have certain inalienable rights, among which are those of enjoying and defending life and liberty; acquiring, possessing and protecting property and reputation; and pursuing and obtaining safety and happiness. *** SEND *** *** SSTART 002.0 001.0 0 ND 1981 *** SEC. 2. All political power is inherent in the people. Government is instituted for the protection, security and benefit of the people, and they have a right to alter or reform the same whenever the public good may require. *** SEND *** *** SSTART 003.0 001.0 0 ND 1981 *** SEC. 3. The free exercise and enjoyment of religious profession and worship, without discrimination or preference shall be forever guaranteed in this state, and no person shall be rendered incompetent to be a witness or juror on account of his opinion on matters of religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this state. *** SEND *** *** SSTART 004.0 001.0 0 ND 1981 *** SEC. 4. Every man may freely write, speak and publish his opinions on all subjects, being responsible for the abuse of that privilege. In all civil and criminal trials for libel the truth may be given in evidence, and shall be a sufficient defense when the matter is published with good motives and for justifiable ends; and the jury shall have the same power of giving a general verdict as in other cases; and in all indictments or informations for libels the jury shall have the right to determine the law and the facts under the direction of the court as in other cases. *** SEND *** *** SSTART 005.0 001.0 0 ND 1981 *** SEC. 5. The citizens have a right, in a peaceable manner, to assemble together for the common good, and to apply to those invested with the powers of government for the redress of grievances, or for other proper purposes, by petition, address or remonstrance. *** SEND *** *** SSTART 006.0 001.0 0 ND 1981 *** SEC. 6. Neither slavery nor involuntary servitude, unless for the punishment of crime, shall ever be tolerated in this state. *** SEND *** *** SSTART 007.0 001.0 0 ND 1981 *** SEC. 7. Every citizen of this state shall be free to obtain employment wherever possible, and any person, corporation, or agent thereof, maliciously interfering or hindering in any way, any citizen from obtaining or enjoying employment already obtained, from any other corporation or person, shall be deemed guilty of a misdemeanor. *** SEND *** *** SSTART 008.0 001.0 0 ND 1981 *** SEC. 8. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures shall not be violated; and no warrant shall issue but upon probable cause, supported by oath or affirmation, particularly describing the place to be searched and the persons and things to be seized. *** SEND *** *** SSTART 009.0 001.0 0 ND 1981 *** SEC. 9. All courts shall be open, and every man for any injury done him in his lands, goods, person or reputation shall have remedy by due process of law, and right and justice administered without sale, denial or delay. Suits may be brought against the state in such manner, in such courts, and in such cases, as the legislative assembly may, by law, direct. *** SEND *** *** SSTART 010.0 001.0 0 ND 1981 *** SEC. 10. Until otherwise provided by law, no person shall, for a felony, be proceeded against criminally, otherwise than by indictment, except in cases arising in the land or naval forces, or in the militia when in actual service in time of war or public danger. In all other cases, offenses shall be prosecuted criminally by indictment or information. The legislative assembly may change, regulate or abolish the grand jury system. *** SEND *** *** SSTART 011.0 001.0 0 ND 1981 *** SEC. 11. All persons shall be bailable by sufficient sureties, unless for capital offenses when the proof is evident or the presumption great. Excessive bail shall not be required, nor excessive fines imposed, nor shall cruel or unusual punishments be inflicted. Witnesses shall not be unreasonably detained, nor be confined in any room where criminals are actually imprisoned. *** SEND *** *** SSTART 012.0 001.0 0 ND 1981 *** SEC. 12. In criminal prosecutions in any court whatever, the party accused shall have the right to a speedy and public trial; to have the process of the court to compel the attendance of witnesses in his behalf; and to appear and defend in person and with counsel. No person shall be twice put in jeopardy for the same offense, nor be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty or property without due process of law. *** SEND *** *** SSTART 013.0 001.0 0 ND 1981 *** SEC. 13. The right of trial by jury shall be secured to all, and remain inviolate. A person accused of a crime for which he may be confined for a period of more than one year has the right of trial by a jury of twelve. The legislative assembly may determine the size of the jury for all other cases, provided that the jury consists of at least six members. All verdicts must be unanimous. *** SEND *** *** SSTART 014.0 001.0 0 ND 1981 *** SEC. 14. The privilege of the writ of habeas corpus shall not be suspended unless, when in case of rebellion or invasion, the public safety may require. *** SEND *** *** SSTART 015.0 001.0 0 ND 1981 *** SEC. 15. No person shall be imprisoned for debt unless upon refusal to deliver up his estate for the benefit of his creditors, in such manner as shall be prescribed by law; or in cases of tort; or where there is strong presumption of fraud. *** SEND *** *** SSTART 016.0 001.0 0 ND 1981 *** SEC 16. Private property shall not be taken or damaged for public use without just compensation having been first made to, or paid into court for the owner. No right of way shall be appropriated to the use of any corporation until full compensation therefor be first made in money or ascertained and paid into court for the owner, irrespective of any benefit from any improvement proposed by such corporation, which compensation shall be ascertained by a jury, unless a jury be waived, provided however, when the state or any of its departments, agencies or political subdivisions seeks to acquire right of way, it may take possession upon making an offer to purchase and by depositing the amount of such offer with the clerk of the district court of the county wherein the right of way is located. The clerk shall immediately notify the owner of such deposit. The owner may thereupon appeal to the court in the manner provided by law, and may have a jury trial, unless a jury be waived, to determine the damages. *** SEND *** *** SSTART 017.0 001.0 0 ND 1981 *** SEC. 17. Treason against the state shall consist only in levying war against it, adhering to its enemies or giving them aid and comfort. No person shall be convicted of treason unless on the evidence of two witnesses to the same overt act, or confession in open court. *** SEND *** *** SSTART 018.0 001.0 0 ND 1981 *** SEC. 18. No bill of attainder, ex post facto law, or law impairing the obligations of contracts shall ever be passed. *** SEND *** *** SSTART 019.0 001.0 0 ND 1981 *** SEC. 19. The military shall be subordinate to the civil power. No standing army shall be maintained by this state in time of peace, and no soldiers shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, except in the manner prescribed by law. *** SEND *** *** SSTART 020.0 001.0 0 ND 1981 *** SEC. 20. To guard against transgressions of the high powers which we have delegated, we declare that everything in this article is excepted out of the general powers of government and shall forever remain inviolate. *** SEND *** *** SSTART 021.0 001.0 0 ND 1981 *** SEC. 21. No special privileges or immunities shall ever be granted which may not be altered, revoked or repealed by the legislative assembly; nor shall any citizen or class of citizens be granted privileges or immunities which upon the same terms shall not be granted to all citizens. *** SEND *** *** SSTART 022.0 001.0 0 ND 1981 *** SEC. 22. All laws of a general nature shall have a uniform operation. *** SEND *** *** SSTART 023.0 001.0 0 ND 1981 *** SEC. 23. The state of North Dakota is an inseparable part of the American union and the Constitution of the United States is the supreme law of the land. *** SEND *** *** SSTART 024.0 001.0 0 ND 1981 *** SEC. 24. The provisions of this constitution are mandatory and prohibitory unless, by express words, they are declared to be otherwise. *** SEND *** *** AEND *** *** ASTART 002.0 ND 1981 *** ARTICLE II ELECTIVE FRANCHISE *** SSTART 001.0 002.0 0 ND 1981 *** SECTION 1. The general election of the state shall be held biennially as provided by law. Every citizen of the United States, who has attained the age of eighteen years and who is a North Dakota resident, shall be a qualified elector. When an elector moves within the state, he shall be entitled to vote in the precinct from which he moves until he establishes voting residence in another precinct. The legislative assembly shall provide by law for the determination of residence for voting eligibility, other than physical presence. No elector shall lose his residency for voting eligibility solely by reason of his absence from the state. The legislative assembly shall provide by law for secrecy in voting, for absentee voting, for administration of elections and for the nomination of candidates. *** SEND *** *** SSTART 002.0 002.0 0 ND 1981 *** SEC. 2. No person who has been declared mentally incompetent by order of a court or other authority having jurisdiction, which order has not been rescinded, shall be qualified to vote. No person convicted of a felony shall be qualified to vote until his or her civil rights are restored. *** SEND *** *** AEND *** *** ASTART 003.0 ND 1981 *** ARTICLE III POWERS RESERVED TO THE PEOPLE *** SSTART 001.0 003.0 0 ND 1981 *** SECTION 1. While the legislative power of this state shall be vested in a legislative assembly consisting of a senate and a house of representatives, the people reserve the power to propose and enact laws by the initiative, including the call for a constitutional convention; to approve or reject legislative Acts, or parts thereof, by the referendum; to propose and adopt constitutional amendments by the initiative; and to recall certain elected officials. This article is self-executing and all of its provisions are mandatory. Laws may be enacted to facilitate and safeguard, but not to hamper, restrict, or impair these powers. *** SEND *** *** SSTART 002.0 003.0 0 ND 1981 *** SEC. 2. A petition to initiate or to refer a measure shall be presented to the secretary of state for approval as to form. A request for approval shall be presented over the names and signatures of twenty-five or more electors as sponsors, one of whom shall be designated as chairman of the sponsoring committee. The secretary of state shall approve the petition for circulation if it is in proper form and contains the names and addresses of the sponsors and the full text of the measure. *** SEND *** *** SSTART 003.0 003.0 0 ND 1981 *** SEC. 3. The petition shall be circulated only by electors. They shall swear thereon that the electors who have signed the petition did so in their presence. Each elector signing a petition shall also write in the date of signing and his post-office address. No law shall be enacted limiting the number of copies of a petition. The copies shall become part of the original petition when filed. *** SEND *** *** SSTART 004.0 003.0 0 ND 1981 *** SEC. 4. The petition may be submitted to the secretary of state if signed by electors equal in number to two percent of the resident population of the state at the last federal decennial census. *** SEND *** *** SSTART 005.0 003.0 0 ND 1981 *** SEC. 5. An initiative petition shall be submitted not less than ninety days before the statewide election at which the measure is to be voted upon. A referendum petition may be submitted only within ninety days after the filing of the measure with the secretary of state. The submission of a petition shall suspend the operation of any measure enacted by the legislative assembly except emergency measures and appropriation measures for the support and maintenance of state departments and institutions. The submission of a petition against one or more items or parts of any measure shall not prevent the remainder from going into effect. A referred measure may be voted upon at a statewide election or at a special election called by the governor. *** SEND *** *** SSTART 006.0 003.0 0 ND 1981 *** SEC. 6. The secretary of state shall pass upon each petition, and if he finds it insufficient, he shall notify the "committee for the petitioners" and allow twenty days for correction or amendment. All decisions of the secretary of state in regard to any such petition shall be subject to review by the supreme court. But if the sufficiency of such petition is being reviewed at the time the ballot is prepared, the secretary of state shall place the measure on the ballot and no subsequent decision shall invalidate such measure if it is at such election approved by a majority of the votes cast thereon. If proceedings are brought against any petition upon any ground, the burden of proof shall be upon the party attacking it. *** SEND *** *** SSTART 007.0 003.0 0 ND 1981 *** SEC. 7. All decisions of the secretary of state in the petition process are subject to review by the supreme court in the exercise of original jurisdiction. If his decision is being reviewed at the time the ballot is prepared, he shall place the measure on the ballot and no court action shall invalidate the measure if it is approved at the election by a majority of the votes cast thereon. *** SEND *** *** SSTART 008.0 003.0 0 ND 1981 *** SEC. 8. If a majority of votes cast upon an initiated or a referred measure are affirmative, it shall be deemed enacted. An initiated or referred measure which is approved shall become law thirty days after the election, and a referred measure which is rejected shall be void immediately. If conflicting measures are approved, the one receiving the highest number of affirmative votes shall be law. A measure approved by the electors may not be repealed or amended by the legislative assembly for seven years from its effective date, except by a two-thirds vote of the members elected to each house. *** SEND *** *** SSTART 009.0 003.0 0 ND 1981 *** SEC. 9. A constitutional amendment may be proposed by initiative petition. If signed by electors equal in number to four percent of the resident population of the state at the last federal decennial census, the petition may be submitted to the secretary of state. All other provisions relating to initiative measures apply hereto. *** SEND *** *** SSTART 010.0 003.0 0 ND 1981 *** SEC. 10. Any elected official of the state, of any county or of any legislative or county commissioner district shall be subject to recall by petition of electors equal in number to twenty-five percent of those who voted at the preceding general election for the office of governor in the state, county, or district in which the official is to be recalled. The petition shall be filed with the official with whom a petition for nomination to the office in question is filed, who shall call a special election if he finds the petition valid and sufficient. No elector may remove his name from a recall petition. The name of the official to be recalled shall be placed on the ballot unless he resigns within ten days after the filing of the petition. Other candidates for the office may be nominated in a manner provided by law. When the election results have been officially declared, the candidate receiving the highest number of votes shall be deemed elected for the remainder of the term. No official shall be subject twice to recall during the term for which he was elected. *** SEND *** *** AEND *** *** ASTART 004.0 ND 1981 *** ARTICLE IV LEGISLATIVE BRANCH *** SSTART 001.0 004.0 0 ND 1981 *** SECTION. 1. The senate and house of representatives jointly shall be designated as the legislative assembly of the state of North Dakota. *** SEND *** *** SSTART 002.0 004.0 0 ND 1981 *** SEC. 2. [Unconstitutional] [Note: The 1960 amendment of this section, formerly Article II, section 26 of the 1889 Constitution, was held unconstitutional.] *** SEND *** *** SSTART 003.0 004.0 0 ND 1981 *** SEC. 3. Senators shall be elected for the term of four years, except as hereinafter provided. *** SEND *** *** SSTART 004.0 004.0 0 ND 1981 *** SEC. 4. Each person elected as a senator must be, on the day of his election, a qualified elector in the district from which he is chosen and have been a resident of the state for one year next preceding his election. *** SEND *** *** SSTART 005.0 004.0 0 ND 1981 *** SEC. 5. [Unconstitutional] [Note: The 1960 amendment of this section, formerly Article II, section 29 of the 1889 Constitution, was held unconstitutional.] *** SEND *** *** SSTART 006.0 004.0 0 ND 1981 *** SEC. 6. The senatorial districts shall be numbered consecutively from one upwards, according to the number of districts prescribed, and the senators shall be divided into two classes. Those elected in the districts designated by even numbers shall constitute one class, and those elected in districts designated by odd numbers shall constitute the other class. The senators of one class elected in the year 1890 shall hold their office for two years, those of the other class shall hold their office four years, and the determination of the two classes shall be by lot, so that one-half of the senators, as nearly as practicable, may be elected be biennially. *** SEND *** *** SSTART 007.0 004.0 0 ND 1981 *** SEC. 7. The senate, at the beginning and close of each regular session, and at such other times as may be necessary, shall elect one of its members president pro tempore, who may take the pace of the lieutenant governor under rules prescribed by law. *** SEND *** *** SSTART 008.0 004.0 0 ND 1981 *** SEC. 8. The house of representatives shall be composed of not less than sixty, nor more than one hundred forty members. *** SEND *** *** SSTART 009.0 004.0 0 ND 1981 *** SEC. 9. Representative shall be elected for the term of two years. *** SEND *** *** SSTART 010.0 004.0 0 ND 1981 *** SEC. 10. Each person elected as a representative must be, on the day of his election, a qualified elector in the district from which he is chosen and have been a resident of the state for one year next preceding his election. *** SEND *** *** SSTART 011.0 004.0 0 ND 1981 *** SEC. 11. [Unconstitutional] [Note: The 1960 amendment of this section, formerly Article II, section 35 of the 1889 Constitution, was held unconstitutional.] *** SEND *** *** SSTART 012.0 004.0 0 ND 1981 *** SEC. 12. The house of representatives shall elect one of its members as speaker. *** SEND *** *** SSTART 013.0 004.0 0 ND 1981 *** SEC. 13. No judge or clerk of any court, secretary of state, attorney general, register of deeds, sheriff or person holding any office of profit under this state, except in the militia or the office of attorney at law, notary public or justice of the peace, and no person holding any office of profit or honor under any foreign government, or under the government of the United States, except postmasters whose annual compensation does not exceed the sum of $300, shall hold any office in either branch of the legislative assembly or become a member thereof. *** SEND *** *** SSTART 014.0 004.0 0 ND 1981 *** SEC. 14. If any person elected to either house of the legislative assembly shall offer or promise to give his vote or influence, in favor of, or against any measure or proposition pending or proposed to be introduced into the legislative assembly, in consideration, or upon conditions, that any other person elected to the same legislative assembly will give, or will promise or assent to give, his vote or influence in favor of or against any other measure or proposition, pending or proposed to be introduced into such legislative assembly, the person making such offer or promise shall be deemed guilty of solicitation of bribery. If any member of the legislative assembly, shall give his vote or influence for or against any measure or proposition pending or proposed to be introduced into the legislative assembly, or offer, promise or assent so to do upon condition that any other member will give, promise or assent to give his vote or influence in favor of or against any measure or proposition pending or proposed to be introduced into such legislative assembly, or in consideration that any other member hath given his vote or influence, for or against any other measure or proposition in such legislative assembly, he shall be deemed guilty of bribery. And any person, member of legislative assembly or person elected thereto, who shall be guilty of either such offenses, shall be expelled, and shall not thereafter be eligible to the legislative assembly, and, on the conviction thereof in the civil courts, shall be liable to such further penalty as may be prescribed by law. *** SEND *** *** SSTART 015.0 004.0 0 ND 1981 *** SEC. 15. No member of the legislative assembly, expelled for corruption, and no person convicted of bribery, perjury or other infamous crime shall be eligible to the legislative assembly, or to any office in either branch thereof. *** SEND *** *** SSTART 016.0 004.0 0 ND 1981 *** SEC. 16. The term of service of the members of the legislative assembly shall begin on the first day of December following their election, or at such other time as may be prescribed by law. *** SEND *** *** SSTART 017.0 004.0 0 ND 1981 *** SEC. 17. No member of the legislative assembly shall, during the term for which he was elected, be appointed or elected to any civil office in this state, which shall have been created, or the emoluments of which shall have been increased, during the term for which he was elected; nor shall any member receive any civil appointment from the governor, or governor and senate, during the term form which he shall have been elected. *** SEND *** *** SSTART 018.0 004.0 0 ND 1981 *** SEC. 18. The governor or any officer of this state, or any manager or executive head, or other person employed either directly or indirectly in any department, bureau, commission, institution, or industry of this state, or any member of any state board shall not appoint a member of the legislative assembly to any civil office or employment of any nature whatsoever, during the term for which said member of the legislative assembly shall have been elected. No member of the legislative assembly shall accept any such appointment to civil office or other employment during the term for which he was elected. *** SEND *** *** SSTART 019.0 004.0 0 ND 1981 *** SEC. 19. The governor shall issue writs of election to fill such vacancies as may occur in either house of the legislative assembly. *** SEND *** *** SSTART 020.0 004.0 0 ND 1981 *** SEC. 20. The members of the legislative assembly shall in all cases except treason, felony and breach of the peace, be privileged from arrest during their attendance at the sessions of their respective houses, and in going to or returning from the same. For words used in any speech or debate in either house, they shall not be questioned in any other place. *** SEND *** *** SSTART 021.0 004.0 0 ND 1981 *** SEC. 21. Any member who has a personal or private interest in any measure or bill proposed or pending before the legislative assembly, shall disclose the fact to the house of which he is a member, and shall not vote thereon without the consent of the house. *** SEND *** *** SSTART 022.0 004.0 0 ND 1981 *** SEC. 22. The legislative assembly shall meet at the seat of government in the month of December following the election of the members thereof for organizational and orientation purposes as provided by law and shall thereafter recess until twelve o'clock noon on the first Tuesday after the third day in January or at such other time as may be prescribed by law but not later than the eleventh day of January. *** SEND *** *** SSTART 023.0 004.0 0 ND 1981 *** SEC. 23. Each regular session of the legislative assembly shall not exceed eighty natural days during the biennium. The organizational meeting of the legislative assembly as provided in article IV, section 22, shall not be counted as part of such eighty natural days, nor shall days spent in session at the call of the governor pursuant to article V, section 5, or while engaged in impeachment proceedings, be counted. Days spent in regular session need not be consecutive, and the legislative assembly may authorize its committees to meet at any time during the biennium. As used in this section, a "natural day" means a period of twenty-four consecutive hours. *** SEND *** *** SSTART 024.0 004.0 0 ND 1981 *** SEC. 24. Neither house shall, without the consent of the other, adjourn for more than three days nor to any other place than that in which the two houses shall be sitting, except in case of epidemic, pestilence or other great danger. *** SEND *** *** SSTART 025.0 004.0 0 ND 1981 *** SEC. 25. A majority of the members of each house shall constitute a quorum, but a smaller number may adjourn from day to day, and may compel the attendance of absent members, in such a manner, and under such a penalty, as may be prescribed by law. *** SEND *** *** SSTART 026.0 004.0 0 ND 1981 *** SEC. 26. Each house shall be the judge of the election returns and qualifications of its own members. *** SEND *** *** SSTART 027.0 004.0 0 ND 1981 *** SEC. 27. Each house shall have the power to determine the rules of proceeding, and punish its members or other persons for contempt or disorderly behavior in its presence; to protect its members against violence or offers of bribes or private solicitation, and with the concurrence of two-thirds, to expel a member; and shall have all other powers necessary and usual in the legislative assembly of a free state. But no imprisonment by either house shall continue beyond thirty days. Punishment for contempt or disorderly behavior shall not bar a criminal prosecution for the same offense. *** SEND *** *** SSTART 028.0 004.0 0 ND 1981 *** SEC. 28. All sessions of the legislative assembly, including the committee of the whole and meetings of legislative committees, shall be open to the public. *** SEND *** *** SSTART 029.0 004.0 0 ND 1981 *** SEC. 29. Each house shall keep a journal of its proceedings, and the yeas and nays on any question shall be taken and entered on the journal at the request of one-sixth of those present. *** SEND *** *** SSTART 030.0 004.0 0 ND 1981 *** SEC. 30. In all elections to be made by the legislative assembly, or either house thereof, the members shall vote viva voce, and their votes shall be entered in the journal. *** SEND *** *** SSTART 031.0 004.0 0 ND 1981 *** SEC. 31. Any bill may originate in either house of the legislative assembly, and a bill passed by one house may be amended by the other. *** SEND *** *** SSTART 032.0 004.0 0 ND 1981 *** SEC. 32. No law shall be passed, except by a bill adopted by both houses, and no bill shall be so altered and amended on its passage through either house as to change its original purpose. *** SEND *** *** SSTART 033.0 004.0 0 ND 1981 *** SEC. 33. No bill shall embrace more than one subject, which shall be expressed in its title, but a bill which violates this provision shall be invalidated thereby only as to so much thereof as shall not be so expressed. *** SEND *** *** SSTART 034.0 004.0 0 ND 1981 *** SEC. 34. The enacting clause of every law shall be as follows: Be it enacted by the Legislative Assembly of the State of North Dakota. *** SEND *** *** SSTART 035.0 004.0 0 ND 1981 *** SEC. 35. No bill for the appropriation of money, except for the expenses of the government, shall be introduced after the fortieth day of the session, except by unanimous consent of the house in which it is sought to be introduced. *** SEND *** *** SSTART 036.0 004.0 0 ND 1981 *** SEC. 36. The general appropriation bill shall embrace nothing but appropriations for the expenses of the executive, legislative and judicial departments of the state, interest on the public debt, and for public schools. All other appropriations shall be made by separate bills, each embracing but one subject. *** SEND *** *** SSTART 037.0 004.0 0 ND 1981 *** SEC. 37. Every bill shall be read two separate times, but the first and second readings may not be upon the same day; and the first reading may be by title of the bill only, unless upon such first reading, a reading at length is demanded. The second reading shall be at length. No legislative day shall be shorter than the natural day. *** SEND *** *** SSTART 038.0 004.0 0 ND 1981 *** SEC. 38. No bill shall be revised or amended, nor the provisions thereof extended or incorporated in any other bill by reference to its title only, but so much thereof as is revised, amended or extended or so incorporated shall be reenacted and published at length. *** SEND *** *** SSTART 039.0 004.0 0 ND 1981 *** SEC. 39. No bill shall become a law: except by a vote of a majority of all the members-elect in the house of representatives, and a vote of the majority of the members-elect in the senate, however the lieutenant governor may vote as provided in article V, section 7, in the event the senate is equally divided nor unless, on its final passage, the vote taken by yeas and nays, and the names of those voting be entered on the journal. *** SEND *** *** SSTART 040.0 004.0 0 ND 1981 *** SEC. 40. The presiding officer of each house shall, in the presence of the house over which he presides, sign all bills and joint resolutions passed by the legislative assembly; immediately before such signing their title shall be publicly read and the fact of signing shall be at once entered on the journal. *** SEND *** *** SSTART 041.0 004.0 0 ND 1981 *** SEC. 41. No act of the legislative assembly shall take effect until July first after the close of the session, unless the legislature by a vote of two-thirds of all the members present and voting, in each house, shall declare it an emergency measure, which declaration shall be set forth in the Act, provided, however, that no Act granting a franchise or special privilege, or Act creating any vested right or interest other than in the state, shall be declared an emergency measure. An emergency measure shall take effect and be in force from and after its passage and approval by the governor. *** SEND *** *** SSTART 042.0 004.0 0 ND 1981 *** SEC. 42. The legislative assembly shall pass all laws necessary to carry into effect the provisions of this constitution. *** SEND *** *** SSTART 043.0 004.0 0 ND 1981 *** SEC. 43. The legislative assembly shall not pass local or special laws in any of the following enumerated cases, that is to say: 1. For granting divorces. 2. Laying out, opening, altering, or working roads or highways, vacating roads, town plats, streets, alleys or public grounds. 3. Locating or changing county seats. 4. Regulating county or township affairs. 5. Regulating the practice of courts of justice. 6. [Repealed] 7. Changing the rules of evidence in any trial or inquiry. 8. Providing for changes of venue in civil or criminal cases. 9. Declaring any person of age. 10. For limitation of civil actions, or giving effect to informal or invalid deeds. 11. Summoning or impaneling grand or petit juries. 12. Providing for the management of common schools. 13. Regulating the rate of interest on money. 14. The opening or conducting of any election or designating the place of voting. 15. The sale or mortgage of real estate belonging to minors or others under disability. 16. Chartering or licensing ferries, toll bridges or toll roads. 17. Remitting fines, penalties or forfeitures. 18. Creating, increasing or decreasing fees, percentages or allowances of public officers. 19. Changing the law of descent. 20. Granting to any corporation, association or individual the right to lay down railroad tracks, or any special or exclusive privilege, immunity or franchise whatever. 21. For the punishment of crimes. 22. Changing the names of persons or places. 23. For the assessment or collection of taxes. 24. Affecting estates of deceased persons, minors or others under legal disabilities. 25. Extending the time for the collection of taxes. 26. Refunding money into the state treasury. 27. Relinquishing or extinguishing in whole or in part the indebtedness, liability or obligation of any corporation or person to this state, or to any municipal corporation therein. 28. Legalizing, except as against the state, the unauthorized or invalid act of any officer. 29. Exempting property from taxation. 30. Restoring to citizenship persons convicted of infamous crimes. 31. Authorizing the creation, extension or impairing of liens. 32. Creating offices, or prescribing the powers or duties of officers in counties, cities, townships, election or school districts, or authorizing the adoption or legitimation of children. 33. Incorporation of cities, towns or villages, or changing or amending the charter of any town, city or village. 34. Providing for the election of members of the board of supervisors in townships, incorporated towns or cities. 35. The protection of game or fish. *** SEND *** *** SSTART 044.0 004.0 0 ND 1981 *** SEC. 44. In all other cases where a general law can be made applicable, no special law shall be enacted; nor shall the legislative assembly indirectly enact such special or local law by the partial repeal of a general law; but laws repealing local or special Acts may be passed. *** SEND *** *** SSTART 045.0 004.0 0 ND 1981 *** SEC. 45. Any amendment or amendments to the constitution of the state may be proposed in either house of the legislature, and if the same shall be agreed to upon roll call by a majority of the members elected to each house, it shall be submitted to the electors and if a majority of the votes cast thereon are affirmative, such amendment shall be a part of this constitution. *** SEND *** *** SSTART 046.0 004.0 0 ND 1981 *** SEC. 46. Each member of the legislative assembly shall receive as a compensation for his services for each session, five dollars per day, and ten cents for every mile of necessary travel in going to and returning from the place of the meeting of the legislative assembly, on the most usual route. *** SEND *** *** AEND *** *** ASTART 005.0 ND 1981 *** ARTICLE V EXECUTIVE BRANCH *** SSTART 001.0 005.0 0 ND 1981 *** SECTION 1. The executive power shall be vested in a governor, who shall reside at the seat of government and shall hold his office for the term of four years beginning in the year 1965, and until his successor is elected and duly qualified. *** SEND *** *** SSTART 002.0 005.0 0 ND 1981 *** SEC. 2. A lieutenant governor shall be elected at the same time and for the same term as the governor. In case of the death, impeachment, resignation, failure to qualify, absence from the state, removal from office, or the disability of the governor, the powers and duties of the office for the residue of the term, or until he shall be acquitted or the disability be removed, shall devolve upon the lieutenant governor. *** SEND *** *** SSTART 003.0 005.0 0 ND 1981 *** SEC. 3. No person shall be eligible to the office of governor or lieutenant governor unless he be a citizen of the United States, and a qualified elector of the state, who shall have attained the age of thirty years, and who shall have resided five years next preceding the election within the state or territory, nor shall he be eligible to any other office during the term for which he shall have been elected. *** SEND *** *** SSTART 004.0 005.0 0 ND 1981 *** SEC. 4. The governor and lieutenant governor shall be elected upon a joint ballot by the qualified electors of the state beginning with elections held in 1976. A single vote shall be cast upon a joint ballot by each qualified elector for the joint candidates representing the political party or affiliation of his choice. The joint candidates having the highest number of votes shall be declared elected, but if two or more joint candidates shall have an equal and highest number of votes for governor or lieutenant governor, the two houses of the legislative assembly at its next regular session shall forthwith in joint session choose one pair of such joint candidates for said offices. The returns of the election for governor and lieutenant governor shall be made in such manner as shall be prescribed by law. *** SEND *** *** SSTART 005.0 005.0 0 ND 1981 *** SEC. 5. The governor shall be commander-in-chief of the military and naval forces of the state, except when they shall be called into the service of the United States, and may call out the same to execute the laws, suppress insurrection and repel invasion. He shall have power to convene the legislative assembly on extraordinary occasions. He shall at the commencement of each session communicate to the legislative assembly by message, information of the condition of the state, and recommend such measures as he shall deem expedient. He shall transact all necessary business with the officers of the government, civil and military. He shall expedite all such measures as may be resolved upon by the legislative assembly and shall take care that the laws be faithfully executed. *** SEND *** *** SSTART 006.0 005.0 0 ND 1981 *** SEC. 6. The governor shall have power in conjunction with the board of pardon of which the governor shall be ex officio a member and the other members of which shall consist of the attorney general of the state of North Dakota, the chief justice of the supreme court of the state of North Dakota, and two qualified electors who shall be appointed by the governor, to remit fines and forfeitures, to grant reprieves, commutations and pardons after conviction, for all offenses except treason and cases of impeachment; but the legislative assembly may by law regulate the manner in which the remission of fines, pardons, commutations and reprieves maybe applied for. Upon conviction for treason he shall have power to suspend the execution of sentence until the case shall be reported to the legislative assembly at its next regular session, when the legislative assembly shall either pardon or commute the sentence, direct the execution of the sentence or grant further reprieve. The governor shall communicate to the legislative assembly at each regular session each case of remission of fine, reprieve, commutation or pardon granted by the board of pardon, stating the name of the convict, the crime for which he is convicted, the sentence and its date, and the date of the remission, commutation, pardon or reprieve, with their reasons for granting the same. *** SEND *** *** SSTART 007.0 005.0 0 ND 1981 *** SEC. 7. The powers and duties of the lieutenant governor shall be to serve as president of the senate, and he may, when the senate is equally divided, vote on procedural matters, and on substantive matters if his vote would be decisive. Additional duties shall be prescribed by the governor. If, during a vacancy in the office of governor, the lieutenant governor shall be impeached, displaced, resign or die, or from mental or physical disease, or otherwise become incapable of performing the duties of his office, the secretary of state shall act as governor until the vacancy shall be filled or the disability removed. *** SEND *** *** SSTART 008.0 005.0 0 ND 1981 *** SEC. 8. When any office shall from any cause become vacant, and no mode is provided by the constitution or law for filling such vacancy, the governor shall have power to fill such vacancy by appointment. *** SEND *** *** SSTART 009.0 005.0 0 ND 1981 *** SEC. 9. Every bill which shall have passed the legislative assembly shall, before it becomes a law, be presented to the governor. If he approve, he shall sign, but if not, he shall return it with his objections to the house in which it originated, which shall enter the objections at large upon the journal, and proceed to reconsider it. If, after such reconsideration, two-thirds of the members-elect shall agree to pass the bill, it shall be sent, together with objections, to the other house, by which it shall likewise be reconsidered, and if it be approved by two-thirds of the members-elect, it shall become a law; but in all such cases the vote of both houses shall be determined by the yeas and nays, and the names of the members voting for and against the bill shall be entered upon the journal of each house respectively. If any bill shall not be returned by the governor within three days (Sundays excepted) after it shall have been presented to him, the same shall be a law unless the legislative assembly, by its adjournment, prevent its return, in which case it shall be a law unless he shall file the same with his objections, in the office of the secretary of state, within fifteen days after such adjournment. *** SEND *** *** SSTART 010.0 005.0 0 ND 1981 *** SEC. 10. The governor shall have power to disapprove of any item or items, or part or parts of any bill making appropriations of money or property embracing distinct items, and the part or parts of bill approved shall be the law, and the item or item, and part or parts disapproved shall be void, unless enacted in the following manner: if the legislative assembly be in session he shall transmit to the house in which the bill originated a copy of the item or items, or part or parts thereof disapproved, together with his objections thereto and the items or parts objected to shall be separately reconsidered, and each item or part shall then take the same course as is prescribed for the passage bills over the executive veto. *** SEND *** *** SSTART 011.0 005.0 0 ND 1981 *** SEC. 11. Any governor of this state who asks, receives or agrees to receive any bribe upon any understanding that his official opinion, judgment or action shall be influenced thereby, or who gives or offers, or promises his official influence in consideration that any member of the legislative assembly shall give his official vote or influence on any particular side of any question or matter upon which he may be required to act in his official capacity, or who menaces any member by the threatened use of his veto power, or who offers or promises any member that he, the said governor, will appoint any particular person or persons to any office created or thereafter to be created, in consideration that any member shall give his official vote or influence on any matter pending or thereafter to be introduced into either house of said legislative assembly, or who threatens any member that he, the said governor, will remove any person or persons from office or position with intent in any manner to influence the action of said member, shall be punished in the manner now, or that may hereafter, be provided by law, and upon conviction thereof shall forfeit all right to hold or exercise any office of trust or honor in this state. *** SEND *** *** SSTART 012.0 005.0 0 ND 1981 *** SEC. 12. There shall be chosen by the qualified electors of the state at the times and places of choosing members of the legislative assembly, a secretary of state, auditor, treasurer, superintendent of public instruction, commissioner of insurance, an attorney general, a commissioner of agriculture and labor, and a tax commissioner, who shall have attained the age of twenty-five years and shall have the qualifications of state electors. They shall severally hold their offices at the seat of government for the term of four years beginning with the year 1965, and until their successors are elected and duly qualified; but no person shall be eligible to the office of treasurer for more than two consecutive terms. The tax commissioner shall be elected on a no-party ballot and he shall be nominated and elected in the manner now provided for the nomination and election of the superintendent of public instruction. The board of railroad commissioners shall hereafter be known as the public service commission and the members of the board of railroad commissioners as public service commissioners and the powers and duties now or hereafter granted to and conferred upon the board of railroad commissioners are hereby transferred to the public service commission. The public service commissioners shall have the qualifications of the state electors, have attained the age of twenty-five years, be chosen by the qualified electors of the state at the times and places of choosing members of the legislative assembly, hold office at the seat of government and until their successors are elected and duly qualified. As each of the three public service commissioners now holding office completes his term, his successor shall be elected for a term of six years. The legislative assembly may by law provide for a department of labor, which, if provided for, shall be separate and distinct from the department of agriculture, and shall be administered by a public official who may be either elected or appointed, whichever the legislative assembly shall declare; and if such a department is established the commissioner of agriculture and labor provided for above shall become the commissioner of agriculture. *** SEND *** *** SSTART 013.0 005.0 0 ND 1981 *** SEC. 13. The powers and duties of the secretary of state, auditor, treasurer, superintendent of public instruction, commissioner of insurance, commissioners of railroads, attorney general, and commissioner of agriculture and labor, shall be as prescribed by law. In the event that the legislative assembly shall establish a separate and distinct department of labor, the powers and duties of the officer administering such department of labor shall be prescribed by law. *** SEND *** *** SSTART 014.0 005.0 0 ND 1981 *** SEC. 14. Salaries of public officers shall be as prescribed by law, but the salaries of any of the said officers shall not be increased or diminished during the period for which they shall have been elected, and all fees and profits arising from any of the said offices shall be covered into the state treasury. *** SEND *** *** AEND *** *** ASTART 006.0 ND 1981 *** ARTICLE VI JUDICIAL BRANCH *** SSTART 001.0 006.0 0 ND 1981 *** SECTION 1. The judicial power of the state is vested in unified judicial system consisting of a supreme court, a district court, and such other courts as may be provided by law. *** SEND *** *** SSTART 002.0 006.0 0 ND 1981 *** SEC. 2. The supreme court shall be the highest court of the state. It shall have appellate jurisdiction, and shall also have original jurisdiction with authority to issue, hear, and determine such original and remedial writs as may be necessary to properly exercise its jurisdiction. The supreme court shall consist of five justices, one of whom shall be designated chief justice in the manner provided by law. *** SEND *** *** SSTART 003.0 006.0 0 ND 1981 *** SEC. 3. The supreme court shall have authority to promulgate rule of procedure, including appellate procedure, to be followed by all the courts of this state, and unless otherwise provided by law, to promulgate rules and regulations for the admission to practice , conduct, disciplining, and disbarment of attorneys at law. The chief justice shall be the administrative head of the unified judicial system. He may assign judges, including retired judges, for temporary duty in any court or district under such rules and regulations as may be promulgated by the supreme court. The chief justice shall appoint a court administrator for the unified judicial system. Unless otherwise provided by law, the powers, duties, qualifications, and terms of office of the court administrator, and other court officials, shall be as provided by rules of the court. *** SEND *** *** SSTART 004.0 006.0 0 ND 1981 *** SEC. 4. The majority of the supreme court shall be necessary to constitute a quorum or to pronounce a decision, provided that the supreme court shall not declare a legislative enactment unconstitutional unless at least four of the members of the court so decide. *** SEND *** *** SSTART 005.0 006.0 0 ND 1981 *** SEC. 5. When a judgment or order is reversed, modified or confirmed by the supreme court, the reasons shall be concisely state in writing, signed by the justices concurring, filed in the office of the clerk of the supreme court, and preserved with a record of the case. Any justice dissenting may give the reason for his dissent in writing over his signature. *** SEND *** *** SSTART 006.0 006.0 0 ND 1981 *** SEC. 6. Appeals shall be allowed from decisions of lower courts to the supreme court as may be provided by law. *** SEND *** *** SSTART 007.0 006.0 0 ND 1981 *** SEC. 7. The justices of the supreme court shall be chosen by the electors of the state for ten-year terms, so arranged that one justice is elected every two years. They shall hold office until their successors are duly qualified, and shall receive compensation as provided by law, but the compensation of any justice shall not be diminished during his term of office. *** SEND *** *** SSTART 008.0 006.0 0 ND 1981 *** SEC. 8. The district court shall have original jurisdiction of all causes, except as otherwise provided by law, and such appellate jurisdiction as may be provided by law or by rule of the supreme court. The district court shall have authority to issue such writs as are necessary to the proper exercise of its jurisdiction. *** SEND *** *** SSTART 009.0 006.0 0 ND 1981 *** SEC. 9. The state shall be divided into judicial districts by order of the supreme court. In each district, one or more judges, as provided by law, shall be chosen by the electors of the district. The term of office shall be six years, and a district judge shall hold office until his successor is duly qualified. The compensation of district judges shall be fixed by law, but the compensation of any district judge shall not be diminished during his term of office. *** SEND *** *** SSTART 010.0 006.0 0 ND 1981 *** SEC. 10. Supreme court justices and district court judges shall be citizens of the United States and residents of this state, shall be learned in the law, and shall possess any additional qualifications prescribed by law. Judges of other courts shall be selected for such terms and shall have such qualification as may be prescribed by law. No justice of the supreme court or judge of the district court of this state shall engage in the practice of law, or hold any public office, elective or appointive, not judicial in nature. No duties shall be imposed by law upon the supreme court or any of the justices thereof, except such as are judicial, nor shall any of the justices exercise any power of appointment except as herein provided. No judge of any court of this state shall be paid from the fees of his office, nor shall the amount of his compensation be measured by fees, other moneys received, or the amount of judicial activity of his office. *** SEND *** *** SSTART 011.0 006.0 0 ND 1981 *** SEC. 11. When any justice or judge has a conflict of interest in a pending cause or is unable to sit in court because he is physically or mentally incapacitated, the chief justice, or a justice acting in his stead, shall assign a judge, or retired justice or judge, to hear the cause. *** SEND *** *** SSTART 012.0 006.0 0 ND 1981 *** SEC. 12. The legislative assembly may provide for the retirement, discipline, and removal of judges. The removal procedure provided for herein may be used in addition to the impeachment proceedings provided for in article XI, sections 8, 9, and 10, and removal provided for in article XI, section 11. *** SEND *** *** SSTART 012.1 006.0 0 ND 1981 *** SEC. 12.1. The legislative assembly may provide for the retirement, discipline and removal of judges of the supreme court and district court. The removal procedure for herein may be used in addition to the impeachment proceedings provided for in article XI, sections 8, 9, and 10. *** SEND *** *** SSTART 013.0 006.0 0 ND 1981 *** SEC. 13. A judicial nominating committee shall be established by law. Any vacancy in the office of supreme court justice or district court judge shall be filled by appointment by the governor from a list of candidates nominated by the committee, unless the governor calls a special election to fill the vacancy for the remainder of the term. An appointment shall continue until the next general election, when the office shall be filled by election for the remainder of the term. *** SEND *** *** AEND *** *** ASTART 007.0 ND 1981 *** ARTICLE VII POLITICAL SUBDIVISIONS *** SSTART 001.0 007.0 0 ND 1981 *** SECTION 1. Except in the case of home rule cities and villages as provided in this section the legislative assembly shall provide by general law for the organization of municipal corporations, restricting their powers as to levying taxes and assessments, borrowing money, and contracting debts. Money raised by taxation, loan or assessment for any purpose shall not be diverted to any other purpose except by authority of law. The legislative assembly shall provide by law for the establishment of home rule in cities and villages. It may authorize such cities and villages to exercise all or a portion of any power or function which the legislative assembly has power to devolve upon a nonhome rule city or village, not denied to such city or village by its own home rule charter and which is not denied to all home rule cities and villages by statute. The legislative assembly shall not be restricted in granting of home rule powers to home rule cities and villages by article X, section 15, of this constitution. *** SEND *** *** SSTART 002.0 007.0 0 ND 1981 *** SEC. 2. The several counties in the territory of Dakota lying north of the seventh standard parallel as they now exist, are hereby declared to be counties of the state of North Dakota. *** SEND *** *** SSTART 003.0 007.0 0 ND 1981 *** SEC. 3. The legislative assembly shall provide by general law for organizing new counties, locating county seats thereof temporarily, and changing the county lines; but no new county shall be organized, nor shall any organized county be so reduced as to include an area of less than twenty-four congressional townships, and containing a population of less than five thousand bona fide inhabitants. And in the organization of new counties and in changing the lines of organized counties and boundaries of congressional townships the natural boundaries shall be observed as nearly as may be. The legislative assembly shall also provide by general law for the consolidation of counties, and for their dissolution, but no counties shall be consolidated without a fifty-five percent vote of those voting on the question in each county affected, and no county shall be dissolved without a fifty-five percent vote of the electors of such county voting on such question. *** SEND *** *** SSTART 004.0 007.0 0 ND 1981 *** SEC. 4. All changes in the boundaries of organized counties before taking effect shall be submitted to the electors of the county or counties, to be affected thereby at a general election and be adopted by a majority of all the legal votes cast in each county at such election; and in case any portion of an organized county is stricken off and added to another, the county to which such portion is added shall assume and beholden for an equitable proportion of the indebtedness of the county so reduced. *** SEND *** *** SSTART 005.0 007.0 0 ND 1981 *** SEC. 5. The legislative assembly shall provide by general law for changing county seats in organized counties, but it shall have no power to remove the county seat of any organized county. *** SEND *** *** SSTART 006.0 007.0 0 ND 1981 *** SEC. 6. The legislative assembly shall provide by law for optional forms of government for counties, which forms shall be, in addition to that form provided by article VII, sections 7 and 8, of the constitution, and which forms shall specify the number, function, and manner of selection of county officers, but no such optional form of government shall become operative in any county until submitted to the electors thereof at a special election or a general election, and approved by fifty-five percent of those voting thereon. The manner of exercising the powers herein granted shall be by general laws, but such laws shall provide that the initiative for the submission of the question of the adoption of one of the optional forms of county government may be had either by a vote of not less than two-thirds of the county legislative body or upon petition of electors of the county equal to at least fifteen per centum of the total number of voters of the county who voted for governor at the last general election. Among the optional forms of county government to be provided by the legislative assembly under this provision, at least one form shall provide for a county manager. *** SEND *** *** SSTART 007.0 007.0 0 ND 1981 *** SEC. 7. Until one of the optional forms of county government provided by the legislative assembly under article VII, section 6, of the constitution, as amended, be adopted by any county, the fiscal affairs of said county shall be transacted by a board of county commissioners. Said board shall consist of not less than three and not more than five members whose terms of office shall be prescribed by law. Said board shall hold sessions for the transaction of county business, as shall be provided by law. *** SEND *** *** SSTART 008.0 007.0 0 ND 1981 *** SEC. 8. There shall be elected in each county, organized under the provision of article VII, section 7, of the constitution of the State of North Dakota, a register of deeds, county auditor, treasurer, sheriff, state's attorney, and a clerk of the district court, who shall be electors in the county in which they are elected and who shall hold their office for a term of four years and until their successors are elected and qualified; provided in counties having population of six thousand or less the register of deeds shall also be clerk of the district court. This amendment shall be self- executing, but legislation may be enacted to facilitate its operation. *** SEND *** *** SSTART 009.0 007.0 0 ND 1981 *** SEC. 9. A superintendent of schools for each county shall be elected every four years beginning in the year 1964, whose qualifications, duties, powers and compensation shall be fixed by law. Provided, however, a superintendent of schools may be elected by and serve two or more counties or parts of counties as provided by law. *** SEND *** *** AEND *** *** ASTART 008.0 ND 1981 *** ARTICLE VIII EDUCATION *** SSTART 001.0 008.0 0 ND 1981 *** SECTION 1. A high degree of intelligence, patriotism, integrity and morality on the part of every voter in a government by the people being necessary in order to insure the continuance of that government and the prosperity and happiness of the people, the legislative assembly shall make provision for the establishment and maintenance of a system of public schools which shall be open to all children of the state of North Dakota and free from sectarian control. This legislative requirement shall be irrevocable without the consent of the United States and the people of North Dakota. *** SEND *** *** SSTART 002.0 008.0 0 ND 1981 *** SEC. 2. The legislative assembly shall provide for a uniform system of free public schools throughout the state, beginning with the primary and extending through all grades up to and including schools of higher education, except that the legislative assembly may authorize tuition, fees and service charges to assist in the financing of public schools of higher education. *** SEND *** *** SSTART 003.0 008.0 0 ND 1981 *** SEC. 3. In all schools instruction shall be given as far as practicable in those branches of knowledge that tend to impress upon the mind the vital importance of truthfulness, temperance, purity, public spirit, and respect for honest labor of every kind. *** SEND *** *** SSTART 004.0 008.0 0 ND 1981 *** SEC. 4. The legislative assembly shall take such other steps as may be necessary to prevent illiteracy, secure a reasonable degree of uniformity in course of study, and to promote industrial, scientific, and agricultural improvements. *** SEND *** *** SSTART 005.0 008.0 0 ND 1981 *** SEC. 5. All colleges, universities, and other educational institutions, for the support of which lands have been granted to this state, or which are supported by a public tax, shall remain under the absolute and exclusive control of the state. No money raised for the support of the public schools of the state shall be appropriated to or used for the support of any sectarian school. *** SEND *** *** SSTART 006.0 008.0 0 ND 1981 *** SEC. 6. 1. A board of higher education, to be officially known as the state board of higher education, is hereby created for the control and administration of the following state educational institutions, to wit: a. The state university and school of mines, at Grand Forks, with their substations. b. The state agricultural college and experiment station, at Fargo, with their substations. c. The school of science, at Wahpeton. d. The state normal schools and teachers colleges, at Valley City, Mayville, Minot, and Dickinson. e. The school of forestry, at Bottineau. f. And such other state institutions of higher education as may hereafter be established. 2. a. The state board of higher education shall consist of seven members, all of whom shall be qualified electors and taxpayers of the state, and who shall have resided in this state for not less than five years immediately preceding their appointment, to be appointed by the governor, by and with the consent of the senate, from a list of names selected as hereinafter provided. There shall not be on said board more than one graduate of any one of the institutions under the jurisdiction of the state board of higher education at any one time. No person employed by any institution under the control of the board shall serve as a member of the board, nor shall any employee of any such institution be eligible for membership on the state board of higher education for a period of two years following the termination of his employment. On or before the first day of February, 1939, the governor shall nominate from a list of three names for each position, selected by the unanimous action of the president of the North Dakota education association, the chief justice of the supreme court, and the superintendent of public instruction, and, with the consent of a majority of the members-elect of the senate, shall appoint from such list as such state board of higher education seven members, whose terms shall commence on the first day of July, 1939, one of which terms shall expire on the thirtieth day of June in each of the years 1941, 1942, 1943, 1944, 1945, and 1946. The term of office of members appointed to fill vacancies at the expiration of said terms shall be for seven years, and in the case of vacancies otherwise arising, appointments shall be made only for the balance of the term of the members whose places are to be filled. b. In the event any nomination made by the governor is not consented to and confirmed by the senate as hereinbefore provided, the governor shall again nominate a candidate for such office, selected from a new list, prepared in the manner hereinbefore provided, which nomination shall be submitted to the senate for confirmation, and said proceedings shall be continued until such appointments have been confirmed by the senate, or the session of the legislature shall have adjourned. c. When any term expires or a vacancy occurs when the legislature is not in session, the governor may appoint from a list selected as hereinbefore provided, a member who shall serve until the opening of the next session of the legislature, at which time his appointment shall be certified to the senate for confirmation, as above provided; and if the appointment be not confirmed by the thirtieth legislative day of such session, his office shall be deemed vacant and the governor shall nominate from a list selected as hereinbefore provided, another candidate for such office and the same proceedings shall be followed as are above set forth; provided further, that when the legislature shall be in session at any time within six months prior to the date of the expiration of the term of any member, the governor shall nominate his successor from a list selected as above set forth, within the first thirty days of such session, and upon confirmation by the senate such successor shall take office at the expiration of the term of the incumbent. No person who has been nominated and whose nomination the senate has failed to confirm is eligible for an interim appointment. 3. The members of the state board of higher education may only be removed by impeachment for the offenses and in the manner and according to the procedure provided for the removal of the governor by impeachment proceedings. 4. Each appointive member of the state board of higher education shall receive such compensation as may be determined by the legislative assembly for the time actually spent devoted to the duties of his office, and in addition, shall receive his necessary expenses in the same manner and amounts as other state officials for attending meetings and performing other functions of his office. 5. The legislature shall provide adequate funds for the proper carrying out of the functions and duties of the state board of higher education. 6. a. The state board of higher education shall hold its first meeting at the office of the state board of administration at Bismarck, on the 6th day of July, 1939, and shall organize and elect one of its members as president of such board for a term of one year. It shall also at said meeting, or as soon thereafter as may be practicable, elect a competent person as secretary, who shall reside during his term of office in the city of Bismarck, North Dakota. Said secretary shall hold office at the will of the board. As soon as said board is established and organized, it shall assume all the powers and perform all the duties now conferred by law upon the board of administration in connection with the several institutions hereinbefore mentioned, and the said board of administration shall immediately upon the organization of said state board of higher education, surrender and transfer to said state board of higher education all duties, rights, and powers granted to it under the existing laws of this state concerning the institutions hereinbefore mentioned, together with all property, deeds, records, reports, and appurtenances of every kind belonging or appertaining to said institutions. b. The said state board of higher education shall have full authority over the institutions under its control with the right, among its other powers, to prescribe, limit, or modify the courses offered at the several institutions. In furtherance of its powers, the state board of higher education shall have the power to delegate to its employees details of the administration of the institutions under its control. The said state board of higher education shall have full authority to organize or reorganize within constitutional and statutory limitations, the work of each institution under its control, and do each and everything necessary and proper for the efficient and economic administration of said state educational institutions. c. Said board shall prescribe for all of said institutions standard systems of accounts and records and shall biennially, and within six (6) months immediately preceding the regular session of the legislature, make a report to the governor, covering in detail the operations of the educational institutions under its control. d. It shall be the duty of the heads of the several state institutions hereinbefore mentioned, to submit the budget requests for the biennial appropriations for said institutions to said state board of higher education; and said state board of higher education shall consider said budgets and shall revise the same as in its judgment shall be for the best interests of the educational system of the state; and thereafter the state board of higher education shall prepare and present to the state budget board and to the legislature a single unified budget covering the needs of all the institutions under its control. "Said budget shall be prepared and presented by the board of administration until the state board of higher education organizes as provided in subsection 6a." The appropriations for all of said institutions shall be contained in one legislative measure. The budgets and appropriation measures for the agricultural experiment stations and their substations and the extension division of the North Dakota state university of agriculture and applied science may be separate from those of state educational institutions. e. The said state board of higher education shall have the control of the expenditure of the funds belonging to, and allocated to such institutions and also those appropriated by the legislature, for the institutions of higher education in this state; provided, however, that funds appropriated by the legislature and specifically designated for any one or more of such institutions, shall not be used for any other institution. 7. a. The state board of higher education shall, as soon as practicable, appoint for a term of not to exceed three (3) years, a state commissioner of higher education, whose principal office shall be at the state capitol, in the city of Bismarck. Said commissioner of higher education shall be responsible to the state board of higher education and shall be removable by said board for cause. b. The state commissioner of higher education shall be a graduate of some reputable college or university, and who by training and experience is familiar with the problems peculiar to higher education. c. Such commissioner of higher education shall be the chief executive officer of said state board of higher education, and shall perform such duties as shall be prescribed by the board. 8. This constitutional provision shall be self-executing and shall become effective without the necessity of legislative action. *** SEND *** *** AEND *** *** ASTART 009.0 ND 1981 *** ARTICLE IX TRUST LANDS *** SSTART 001.0 009.0 0 ND 1981 *** SECTION 1. All proceeds of the public lands that have heretofore been, or may hereafter be granted by the United States for the support of the common schools in this state; all such per centum as may be granted by the United States on the sale of public lands; the proceeds of property that shall fall to the state by escheat; all gifts, donations, or the proceeds thereof that come to the state for support of the common schools, or not otherwise appropriated by the terms of the gift, and all other property otherwise acquired for common schools, shall be and remain a perpetual trust fund for the maintenance of the common schools of the state. Only the interest and income of the fund may be expended and the principal shall be retained and devoted to the trust purpose. All property, real or personal, received by the state from whatever source, for any specific educational or charitable institution, unless otherwise designated by the donor, shall be and remain a perpetual trust fund for the creation and maintenance of such institution, and may be commingled only with similar funds for the same institution. Should a gift be made to an institution for a specific purpose, without designating a trustee, such gift may be placed in the institution's fund; provided that such a donation may be expended as the terms of the gift provide. The interest and income of each institutional trust fund held by the state shall, unless otherwise specified by the donor, be appropriated by the legislative assembly to the exclusive use of the institution for which the funds were given. *** SEND *** *** SSTART 002.0 009.0 0 ND 1981 *** SEC. 2. The interest and income of this fund together with the net proceeds of all fines for violation of state laws and all other sums which may be added thereto by law, shall be faithfully used and applied each year for the benefit of the common schools of the state, and shall be for this purpose apportioned among and between all the several common school corporations of the state in proportion to the number of children in each school age, as may be fixed by law, and no part of the fund shall ever be diverted, even temporarily, from this purpose or used for any other purpose whatever than the maintenance of common schools for the equal benefit of all the people of the state; provided however, that if any portion of the interest or income aforesaid be not expended during any year, said portion shall be added to and become a part of the school fund. *** SEND *** *** SSTART 003.0 009.0 0 ND 1981 *** SEC. 3. The superintendent of public instruction, governor, attorney general, secretary of state and state auditor shall constitute a board of commissioners, to be denominated the "board of university and school lands," and subject to the provisions of this article and any law that may be passed by the legislative assembly, said board shall have control of the appraisement, sale, rental, and disposal of all school and university lands, and the proceeds from the sale of such lands shall be invested as provided by law. *** SEND *** *** SSTART 004.0 009.0 0 ND 1981 *** SEC. 4. The county superintendent of common schools, the chairman of the county board, and the county auditor shall constitute boards of appraisal and under the authority of the state board of university and school lands shall appraise all school lands within their respective counties which they may from time to time recommend for sale at their actual value under the prescribed terms and shall first select and designate for sale the most valuable lands. *** SEND *** *** SSTART 005.0 009.0 0 ND 1981 *** SEC. 5. After one year from the assembling of the first legislative assembly the lands granted to the state from the United States for the support of the common schools, may be sold upon the following conditions and no other: No more than one-fourth of all such lands shall be sold within the first five years after the same become salable by virtue of this section. No more than one-half of the remainder within ten years after the same become salable as aforesaid. The residue may be sold at any time after the expiration of said ten years. The legislative assembly shall provide for the sale of all school lands subject to the provisions of this article. In all sales of lands subject to the provisions of this article all minerals therein, including but not limited to oil, gas, coal, cement materials, sodium sulphate, sand and gravel, road material, building stone, chemical substances, metallic ores, uranium ores, or colloidal or other clays, shall be reserved and excepted to the state of North Dakota, except that leases may be executed for the extraction and sale of such materials in such manner and upon such terms as the legislative assembly may provide. *** SEND *** *** SSTART 006.0 009.0 0 ND 1981 *** SEC. 6. No original grant school or institutional land shall be sold for less than the fair market value thereof, and in no case for less than ten dollars ($10.00) per acre, provided that when lands have been sold on contract and the contract has been canceled, such lands may be resold without reappraisement by the board of appraisal. The purchaser shall pay twenty (20) percent of the purchase price at the time the contract is executed; thereafter annual payments shall be made of not less than six (6) percent of the original purchase price. An amount equal to not less than three (3) percent per annum of the unpaid principal shall be credited to interest and the balance shall be applied as payment on principal as credit on purchase price. The purchaser may pay all or any installment or installments not yet due to any interest paying date. If the purchaser so desires, he may pay the entire balance due on his contract with interest to date of payment at any time and he will then be entitled to proper conveyance. All sales shall be held at the county seat of the county in which the land to be sold is situated, and shall be at public auction and to the highest bidder, and notice of such sale shall be published once each week for a period of three weeks prior to the day of sale in a legal newspaper published nearest the land and in the newspaper designated for the publication of the official proceedings and legal notices within the county in which said land is situated. No grant or patent for such lands shall issue until payment is made for the same; provided that the land contracted to be sold by the state shall be subject to taxation from the date of the contract. In case the taxes assessed against any of said lands for any year remain unpaid until the first Monday in October of the following year, the contract of sale for such land shall, if the board of university and school lands so determine, by it, be declared null and void. No contract of sale heretofore made under the provisions of this section of the constitution as then providing shall be affected by this amendment, except prepayment of principal may be made as herein provided. Any of said lands that may be required for townsite purposes, schoolhouse sites, church sites, cemetery sites, sites for other educational or charitable institutions, public parks, airplane landing fields, fairgrounds, public highways, railroad right of way, or other railroad uses and purposes, reservoirs for the storage of water for irrigation, irrigation canals, and ditches, drainage ditches, or for any of the purposes for which private lands may be taken under the right of eminent domain under the constitution and laws of this state, may be sold under the provisions of this article, and shall be paid for in full at the time of sale, or at any time thereafter as herein provided. Any of said lands and any other lands controlled by the board of university and school lands, may, with the approval of said board, be exchanged for lands of the United States, the state of North Dakota or any county or municipality thereof as the legislature may provide, and the lands so acquired shall be subject to the trust to which the lands exchanged therefor were subject, and the state shall reserve all mineral and water power rights in land so transferred. When any of said lands have been heretofore or may be hereafter sold on contract, and the purchaser or his heirs or assigns is unable to pay in full for the land purchased within twenty years after the date of purchase and such contract is in default and subject to being declared null and void as by law provided, the board of university and school lands may, after declaring such contract null and void, resell the land described in such contract to such purchaser, his heirs or assigns, for the amount of the unpaid principal, together with interest thereon reckoned to the date of such resale at the rate of not less than three (3%) percent, but in no case shall the resale price be more than the original sale price; such contract of resale shall be upon the terms herein provided, provided this section shall be deemed self-executing insofar as the provisions for resale herein made are concerned. *** SEND *** *** SSTART 007.0 009.0 0 ND 1981 *** SEC. 7. All lands mentioned in the preceding section shall be appraised and sold in the same manner and under the same limitations and subject to all the conditions as to price and sale as provided above for the appraisal and sale of lands for the benefit of common schools; but a distinct and separate account shall be kept by the proper officers of each of said funds; provided, that the limitations as to the time in which school land may be sold shall apply only to lands granted for the support of common schools. *** SEND *** *** SSTART 008.0 009.0 0 ND 1981 *** SEC. 8. The legislative assembly shall have authority to provide by law for the leasing of lands granted to the state for educational and charitable purposes; but no such law shall authorize the leasing of said lands for a longer period than five years. Said lands shall only be leased for pasturage and meadow purposes and at a public auction after notice as heretofore provided in case of sale; provided, that all of said school lands now under cultivation may be leased, at the discretion and under the control of the board of university and school lands, for other than pasturage and meadow purposes until sold. All rents shall be paid in advance. Provided, further, that coal lands may also be leased for agricultural cultivation upon such terms and conditions and for such a period, not exceeding five years, as the legislature may provide. *** SEND *** *** SSTART 009.0 009.0 0 ND 1981 *** SEC. 9. No law shall ever be passed by the legislative assembly granting to any person, corporation or association any privileges by reason of the occupation, cultivation or improvement of any public lands by said person, corporation or association subsequent to the survey thereof by the general government. No claim for the occupation, cultivation or improvement of any public lands shall ever be recognized, nor shall such occupation, cultivation or improvement of any public lands ever be used to diminish either directly or indirectly, the purchase price of said lands. *** SEND *** *** SSTART 010.0 009.0 0 ND 1981 *** SEC. 10. The legislative assembly shall have authority to provide by law for the sale or disposal of all public lands that have been heretofore, or may hereafter be granted by the United States to the state for purposes other than set forth and named in article IX, section 1, and section 159. And the legislative assembly in providing for the appraisment, sale, rental, and disposal of the same shall not be subject to the provisions and limitations of this article. *** SEND *** *** SSTART 011.0 009.0 0 ND 1981 *** SEC. 11. The legislative assembly shall pass suitable laws for the safekeeping, transfer and disbursement of the state school funds; and shall require all officers charged with the same or the safekeeping thereof to give ample bonds for all moneys and funds received by them, and if any of said officers shall convert to his own use in any manner or form, or shall loan with or without interest or shall deposit in his own name, or otherwise than in the name of the state of North Dakota, or shall deposit in any banks or with any person or persons, or exchange for other funds or property any portion of the school funds aforesaid or purposely allow any portion of the same to remain in his own hands uninvested, except in the manner prescribed by law, every such act shall constitute an embezzlement of so much of the aforesaid school funds as shall be thus taken or loaned, or deposited, or exchanged, or withheld and shall be a felony; and any failure to pay over, produce or account for, the state school funds or any part of the same entrusted to any such officer, as by law required or demanded, shall be held and be taken to be prima facie evidence of such embezzlement. *** SEND *** *** SSTART 012.0 009.0 0 ND 1981 *** SEC. 12. The following public institutions of the state are permanently located at the places hereinafter named, each to have the lands specifically granted to it by the United States in the Act of Congress approved February 22, 1889, to be disposed of and used in such manner as the legislative assembly may prescribe subject to the limitations provided in the article on school and public lands contained in this constitution. 1. The seat of government at the city of Bismarck in the county of Burleigh. 2. The state university and the school of mines at the city of Grand Forks, in the county of Grand Forks. 3. The North Dakota state university of agriculture and applied science at the city of Fargo, in the county of Cass. 4. A state normal school at the city of Valley City, in the county of Barnes, and the legislative assembly, in apportioning the grant of eighty thousand acres of land for normal schools made in the Act of Congress referred to shall grant to the said normal school at Valley City, as aforementioned, fifty thousand (50,000) acres, and said lands are hereby appropriated to said institution for that purpose. 5. The school for the deaf and dumb of North Dakota at the city of Devils Lake, in the county of Ramsey. 6. A state training school at the city of Mandan, in the county of Morton. 7. A state normal school at the city of Mayville, in the county of Traill, and the legislative assembly in apportioning the grant of lands made by Congress in the Act aforesaid for state normal schools shall assign thirty thousand (30,000) acres to the institution hereby located at Mayville, and said lands are hereby appropriated for said purpose. 8. A state hospital for the insane at the city of Jamestown, in the county of Stutsman. And the legislative assembly shall appropriate twenty thousand acres of the grant of lands made by the Act of Congress aforesaid for other educational and charitable institutions to the benefit and for the endowment of said institution, and there shall be located at or near the city of Grafton, in the county of Walsh, an institution for the feebleminded, on the grounds purchased by the secretary of the interior for a penitentiary building. *** SEND *** *** SSTART 013.0 009.0 0 ND 1981 *** SEC. 13. The following public institutions are hereby permanently located as hereinafter provided, each to have so much of the remaining grant of one hundred seventy thousand acres of land made by the United States for "other educational and charitable institutions" as is allotted by law, namely: 1. A soldiers' home, when located, or such other charitable institution as the legislative assembly may determine, at Lisbon, in the county of Ransom, with a grant of forty thousand acres of land. 2. The blind asylum shall be known as the North Dakota school for the blind and may be removed from the county of Pembina to such other location as may be determined by the board of administration to be in the best interests of the students of such institution and the state of North Dakota. 3. A school of forestry, or such other institution as the legislative assembly may determine, at such place in one of the counties of McHenry, Ward, Bottineau, or Rolette, as the electors of said counties may determine by an election for that purpose, to be held as provided by the legislative assembly. 4. A scientific school or such other educational or charitable institution as the legislative assembly may prescribe, at the city of Wahpeton in the county of Richland, with a grant of forty thousand acres. 5. A state normal school at the city of Minot in the county of Ward. 6. a. A state normal school at the city of Dickinson in the county of Stark. b. A state hospital for the insane at such place within this state as shall be selected by the legislative assembly, provided, that no other institution of a character similar to any one of those located by this article shall be established or maintained without a revision of this constitution. *** SEND *** *** AEND *** *** ASTART 010.0 ND 1981 *** ARTICLE X FINANCE AND PUBLIC DEBT *** SSTART 001.0 010.0 0 ND 1981 *** SECTION 1. The legislative assembly shall be prohibited from raising revenue to defray the expenses of the state through the levying of a tax on the assessed value of real or personal property. *** SEND *** *** SSTART 002.0 010.0 0 ND 1981 *** SEC. 2. The power of taxation shall never be surrendered or suspended by any grant or contract to which the state or any county or other municipal corporation shall be a party. *** SEND *** *** SSTART 003.0 010.0 0 ND 1981 *** SEC. 3. No tax shall be levied except in pursuance of law, and every law imposing a tax shall state distinctly the object of the same, to which only it shall be applied. Notwithstanding the foregoing or any other provisions of this constitution, the legislative assembly, in any law imposing a tax or taxes on, in respect to or measured by income, may define the income on, in respect to or by which such tax or taxes are imposed or measured or may define the tax itself by reference to any provision of the laws of the United States as the same may be or become effective at any time or from time to time, and may prescribe exceptions or modifications to any such provision. *** SEND *** *** SSTART 004.0 010.0 0 ND 1981 *** SEC. 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, car equipment companies, or private car line companies, telegraph or telephone companies, the property of any person, firm or corporation used for the purpose 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. *** SEND *** *** SSTART 005.0 010.0 0 ND 1981 *** SEC. 5. Taxes shall be uniform upon the same class of property including franchises within the territorial limits of the authority levying the tax. The legislative assembly may by law exempt any or all classes of personal property from taxation and within the meaning of this section, fixtures, buildings and improvements of every character, whatsoever, upon land shall be deemed personal property. The property of the United States and of the state, county and municipal corporations and property used exclusively for schools, religious, cemetery, charitable or other public purposes shall be exempt from taxation. Except as restricted by this article, the legislature may provide for raising revenue and fixing situs of all property for the purpose of taxation. Provided that all taxes and exemptions in force when this amendment is adopted shall remain in force until otherwise provided by statute. *** SEND *** *** SSTART 006.0 010.0 0 ND 1981 *** SEC. 6. The legislative assembly may provide for the levy, collection and disposition of an annual poll tax of not more than one dollar and fifty cents on every male inhabitant of this state over twenty-one and under fifty years of age, except paupers, idiots, insane persons and Indians not taxed. *** SEND *** *** SSTART 007.0 010.0 0 ND 1981 *** SEC. 7. The legislature may by law provide for the levy and collection of an acreage tax on lands within the state in addition to the limitations specified in article X, section 1, of the constitution. The proceeds of such tax shall be used to indemnify the owners of growing crops against damages by hail, provided that lands used exclusively for public roads, rights of way of common carriers, mining, manufacturing or pasturage may be exempt from such tax. *** SEND *** *** SSTART 008.0 010.0 0 ND 1981 *** SEC. 8. The legislative assembly shall pass all laws necessary to carry out the provisions of this article. *** SEND *** *** SSTART 009.0 010.0 0 ND 1981 *** SEC. 9. The legislative assembly may provide for the levy of a tax upon such lands as may be provided by law of the state for the purpose of creating a fund to insure the owners of growing crops against losses by hail; provided, that such tax shall not affect the tax of four mills levied by the constitution. The legislative assembly may classify such lands of the state as may be provided by law, and divide the state into districts on such basis as shall seem just and necessary, and may vary the tax rates in such districts in accordance with the risk, in order to secure an equitable distribution of the burden of the tax among the owners of such lands as may be provided by law. *** SEND *** *** SSTART 010.0 010.0 0 ND 1981 *** SEC.10. 1. Upon the adoption of this amendment to the Constitution of the State of North Dakota there shall be annually levied by the state of North Dakota one mill upon all of the taxable property within the state of North Dakota which, when collected, shall be covered into the state treasury of the state of North Dakota and placed to the credit of the North Dakota state medical center at the university of North Dakota; said fund shall be expended as the legislature shall direct for the development and maintenance necessary to the efficient operation of the said North Dakota state medical center. 2. This amendment shall be self-executing, but legislation may be enacted to facilitate its operation. *** SEND *** *** SSTART 011.0 010.0 0 ND 1981 *** SEC. 11. Revenue from gasoline and other motor fuel excise and license taxation, motor vehicle registration and license taxes, except revenue from aviation gasoline and unclaimed aviation motor fuel refunds and other aviation motor fuel excise and license taxation used by aircraft, after deduction of cost of administration and collection authorized by legislative appropriation only, and statutory refunds, shall be appropriated and used solely for construction, reconstruction, repair and maintenance of public highways, and the payment of obligations incurred in the construction, reconstruction, repair and maintenance of public highways. *** SEND *** *** SSTART 012.0 010.0 0 ND 1981 *** SEC. 12. 1. All public moneys, from whatever source derived, shall be paid over monthly by the public official, employee, agent, director, manager, board, bureau, or institution of the state receiving the same, to the state treasurer, and deposited by him to the credit of the state, and shall be paid out and disbursed only pursuant to appropriation first made by the legislature; provided, however, that there is hereby appropriated the necessary funds required in the financial transactions of the Bank of North Dakota, and required for the payment of losses, duly approved, payable from the state hail insurance fund, state bonding fund, and state fire and tornado fund, and required for the payment of compensation to injured employees or death claims, duly approved, payable from the workmen's compensation fund, and required for authorized investments made by the board of university and school lands, and required for the financial operations of the state mill and elevator association, and required for the payment of interest and principal of bonds and other fixed obligations of the state, and required for payments required by law to be paid to beneficiaries of the teachers' insurance and retirement fund, and required for refunds made under the provisions of the Retail Sales Tax Act, and the State Income Tax Law, and the State Gasoline Tax Law, and the Estate and Succession Tax Law, and the income of any state institution derived from permanent trust funds, and the funds allocated under the law to the state highway department and the various counties for the construction, reconstruction, and maintenance of public roads. This constitutional amendment shall not be construed to apply to fees and moneys received in connection with the licensing and organization of physicians and surgeons, pharmacists, dentists, osteopaths, optometrists, embalmers, barbers, lawyers, veterinarians, nurses, chiropractors, accountants, architects, hairdressers, chiropodists, and other similarly organized, licensed trades and professions; and this constitutional amendment shall not be construed to amend or repeal existing laws or Acts amendatory thereof concerning such fees and moneys. 2. No bills, claims, accounts, or demands against the state or any county or other political subdivision shall be audited, allowed, or paid until a full itemized statement in writing shall be filed with the officer or officers whose duty it may be to audit the same, and then only upon warrant drawn upon the treasurer of such funds by the proper officer or officers. 3. This amendment shall become effective on July 1, 1939. *** SEND *** *** SSTART 013.0 010.0 0 ND 1981 *** SEC. 13. The state may issue or guarantee the payment of bonds, provided that all bonds in excess of two million dollars shall be secured by first mortgage upon real estate in amounts not to exceed sixty-five percent of its value; or upon real and personal property of state-owned utilities, enterprises, or industries, in amounts not exceeding its value, and provided further, that the state shall not issue or guarantee bonds upon property of state-owned utilities, enterprises, or industries in excess of ten million dollars. No further indebtedness shall be incurred by the state unless evidenced by a bond issue, which shall be authorized by law for certain purposes, to be clearly defined. Every law authorizing a bond issue shall provide for levying an annual tax, or make other provision, sufficient to pay the interest semiannually, and the principal within thirty years from the date of the issue of such bonds and shall specially appropriate the proceeds of such tax, or of such other provisions to the payment of said principal and interest, and such appropriation shall not be repealed nor the tax or other provisions discontinued until such debt, both principal and interest, shall have been paid. No debt in excess of the limit named herein shall be incurred except for the purpose of repelling invasion, suppressing insurrection, defending the state in time of war or to provide for the public defense in case of threatened hostilities. *** SEND *** *** SSTART 014.0 010.0 0 ND 1981 *** SEC. 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. 2. 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 value of all of the taxable property in the state, to be ascertained by the last assessment made for state and county purposes: but nothing herein shall increase or diminish the limitations established by other provisions of the constitution on the amount of bonds therein authorized to be issued. 3. 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, and from the liquidation of security given for such payments. Revenue bonds issued 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. 4. 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 may authorize to be made respecting the enforcing of the provisions of underlying loan agreements and the segregation, accounting, and application of bond proceeds and of loan payments 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 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 or 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 from time to time in conformity with any provisions made for the security of outstanding bonds. 5. The legislature shall pass such laws as are appropriate to implement this amendment. 6. 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. *** SEND *** *** SSTART 015.0 010.0 0 ND 1981 *** SEC. 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 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 value beyond said five per centum limit, and a school district, by a majority vote may increase such indebtedness five percent on such assessed 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 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 become indebted in any amount not exceeding four per centum of such assessed value without regard to the existing indebtedness of such city for the purpose 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 bond s 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. *** SEND *** *** SSTART 016.0 010.0 0 ND 1981 *** SEC. 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 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 be paid. *** SEND *** *** SSTART 017.0 010.0 0 ND 1981 *** SEC. 17. No bond or evidence of indebtedness of the state shall be valid unless the same shall have endorsed thereon a certificate, signed by the auditor and secretary of state showing that the bond or evidence of debt is issued pursuant to law and is within the debt limit. No bond or evidence of debt of any county, or bond of any township or other political subdivision is valid unless the same have endorsed thereon a certificate signed by the county auditor, or other officer authorized by law to sign such certificate, stating that said bond or evidence of debt, is issued pursuant to law and is within the debt limit. *** SEND *** *** SSTART 018.0 010.0 0 ND 1981 *** SEC. 18. The state, any county or city may make internal improvements and may engage in any industry, enterprise or business, not prohibited by article XX of the constitution, but neither the state nor any political subdivision thereof shall otherwise loan or give its credit or make donations to or in aid of any individual, association or corporation except for reasonable support of the poor, nor subscribe to or become the owner of capital stock in any association or corporation. *** SEND *** *** SSTART 019.0 010.0 0 ND 1981 *** SEC. 19. The legislative assembly is hereby authorized and empowered to provide by law for the erection, purchasing or leasing and operation of one or more terminal grain elevators in the states of Minnesota or Wisconsin, or both, to be maintained and operated in such manner as the legislative assembly shall prescribe, and provide for inspection, weighing and grading of all grain received in such elevator or elevators. *** SEND *** *** SSTART 020.0 010.0 0 ND 1981 *** SEC. 20. The legislative assembly is hereby authorized and empowered to provide by law for the erection, purchasing or leasing and operation of one or more terminal grain elevators in the state of North Dakota, to be maintained and operated in such manner as the legislative assembly shall prescribe, and provide for inspection, weighing and grading of all grain received in such elevator or elevators. *** SEND *** *** SSTART 021.0 010.0 0 ND 1981 *** SEC. 21. Not less than fifteen percent of the tax imposed for severing coal shall be placed into a permanent trust fund in the state treasury to be held in trust and administered by the board of university and school lands, which shall have full authority to invest said trust funds as provided by law, and may loan moneys from the fund to political subdivisions as provided by law. The interest earned on the moneys in said trust fund shall be used first to replace uncollectable loans made from the fund, and the balance shall be credited to the general fund of the state. *** SEND *** *** AEND *** *** ASTART 011.0 ND 1981 *** ARTICLE XI GENERAL PROVISIONS *** SSTART 001.0 011.0 0 ND 1981 *** SECTION 1. The name of this state shall be "North Dakota." The state of North Dakota shall consist of all the territory included within the following boundary, to wit: Commencing at a point in the main channel of the Red River of the North, where the forty-ninth degree of north latitude crosses the same; thence south up the main channel of the same and along the boundary line of the state of Minnesota to a point where the seventh standard parallel intersects the same; thence west along said seventh standard parallel produced due west to a point where it intersects the twenty-seventh meridian of longitude west from Washington; thence north on said meridian to a point where it intersects the forty-ninth degree of north latitude; thence east along said line to place of beginning. *** SEND *** *** SSTART 002.0 011.0 0 ND 1981 *** SEC. 2. The following described seal is hereby declared to be and hereby constituted the great seal of the state of North Dakota, to wit: A tree in the open field, the trunk of which is surrounded by three bundles of wheat; on the right a plow, anvil and sledge; on the left, a bow crossed with three arrows, and an Indian on horseback pursuing a buffalo toward the setting sun; the foliage of the tree arched by a half circle of forty-two stars, surrounded by the motto "Liberty and Union Now and Forever, One and Inseparable;" the words "Great Seal" at the top; the words "State of North Dakota" at the bottom; "October 1st" on the left and "1889" on the right. The seal to be two and one-half inches in diameter. *** SEND *** *** SSTART 003.0 011.0 0 ND 1981 *** SEC. 3. All flowing streams and natural watercourses shall forever remain the property of the state for mining, irrigating and manufacturing purposes. *** SEND *** *** SSTART 004.0 011.0 0 ND 1981 *** SEC. 4. Members of the legislative assembly and judicial department, except such inferior officers as may be by law exempted shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm as the case may be) that I will support the Constitution of the United States and the Constitution of the State of North Dakota; and that I will faithfully discharge the duties of the office of _________ according to the best of my ability, so help me God" (if an oath), (under pains and penalties of perjury) if an affirmation, and no other oath, declaration, or test shall be required as a qualification for any office or public trust. *** SEND *** *** SSTART 005.0 011.0 0 ND 1981 *** SEC. 5. Unless otherwise provided by law, all meetings of public or governmental bodies, boards, bureaus, commissions, or agencies of the state or any political subdivision of the state, or organizations or agencies supported in whole or in part by public funds, or expending public funds, shall be open to the public. *** SEND *** *** SSTART 006.0 011.0 0 ND 1981 *** SEC. 6. Unless otherwise provided by law, all records of public or governmental bodies, boards, bureaus, commissions, or agencies of the state or any political subdivision of the state, or organizations or agencies supported in whole or in part by public funds, or expending public funds, shall be public records, open and accessible for inspection during reasonable office hours. *** SEND *** *** SSTART 007.0 011.0 0 ND 1981 *** SEC. 7. The legislative assembly, in order to ensure continuity of state and local governmental operations in periods of emergency resulting from disasters caused by enemy attack, shall have the power and immediate duty (1) to provide for prompt and temporary succession to the powers and duties of public offices, of whatever nature and whether filled by election or appointment, the incumbents of which may become unavailable for carrying on the powers and duties of such offices, and (2) to adopt such other measures as may be necessary and proper for ensuring the continuity of governmental operations including, but not limited to, waiver of constitutional restrictions upon the place of transaction of governmental business, upon the calling of sessions of the legislative assembly, length of sessions, quorum and voting requirements, subjects of legislation and appropriation bill requirements, upon eligibility of legislators to hold other offices, residence requirements for legislators, and upon expenditures, loans or donations of public moneys. In the exercise of the powers hereby conferred the legislative assembly shall in all respects conform to the requirements of this constitution except to the extent that in the judgment of the legislative assembly so to do would be impracticable or would admit of undue delay. *** SEND *** *** SSTART 008.0 011.0 0 ND 1981 *** SEC. 8. The house of representatives shall have the sole power of impeachment. The concurrence of a majority of all members elected shall be necessary to an impeachment. *** SEND *** *** SSTART 009.0 011.0 0 ND 1981 *** SEC. 9. All impeachments shall be tried by the senate. When sitting for that purpose the senators shall be upon oath or affirmation to do justice according to the law and evidence. No person shall be convicted without the concurrence of two-thirds of the members elected. When the governor or lieutenant governor is on trial, the presiding judge of the supreme court shall preside. *** SEND *** *** SSTART 010.0 011.0 0 ND 1981 *** SEC. 10. The governor and other state and judicial officers, except county judges, justices of the peace and police magistrates, shall be liable to impeachment for habitual drunkenness, crimes, corrupt conduct, or malfeasance or misdemeanor in office, but judgment in such cases shall not extend further than removal from office and disqualification to hold any office of trust or profit under the state. The person accused, whether convicted or acquitted, shall nevertheless be liable to indictment, trial, judgment and punishment according to law. *** SEND *** *** SSTART 011.0 011.0 0 ND 1981 *** SEC. 11. All officers not liable to impeachment shall be subject to removal for misconduct, malfeasance, crime or misdemeanor in office, or for habitual drunkenness or gross incompetency in such manner as may be provided by law. *** SEND *** *** SSTART 012.0 011.0 0 ND 1981 *** SEC. 12. No officer shall exercise the duties of his office after he shall have been impeached and before his acquittal. *** SEND *** *** SSTART 013.0 011.0 0 ND 1981 *** SEC. 13. On trial of impeachment against the governor, the lieutenant governor shall not act as a member of the court. *** SEND *** *** SSTART 014.0 011.0 0 ND 1981 *** SEC. 14. No person shall be tried on impeachment before he shall have been served with a copy thereof, at least twenty days previous to the day set for trial. *** SEND *** *** SSTART 015.0 011.0 0 ND 1981 *** SEC. 15. No person shall be liable to impeachment twice for the same offense. *** SEND *** *** SSTART 016.0 011.0 0 ND 1981 *** SEC. 16. The militia of this state shall consist of all able-bodied male persons residing in the state, between the ages of eighteen and forty-five years, except such as may be exempted by the laws of the United States or of this state. Persons whose religious tenets or conscientious scruples forbid them to bear arms shall not be compelled to do so in times of peace, but shall pay an equivalent for a personal service. *** SEND *** *** SSTART 017.0 011.0 0 ND 1981 *** SEC. 17. The militia shall be enrolled, organized, uniformed, armed and disciplined in such a manner as shall be provided by law, not incompatible with the constitution or laws of the United States. *** SEND *** *** SSTART 018.0 011.0 0 ND 1981 *** SEC. 18. The legislative assembly shall provide by law for the establishment of volunteer organizations of the several arms of the service, which shall be classed as active militia; and no other organized body of armed men shall be permitted to perform military duty in this state except the army of the United States, without the proclamation of the governor of the state. *** SEND *** *** SSTART 019.0 011.0 0 ND 1981 *** SEC. 19. All militia officers shall be appointed or elected in such a manner as the legislative assembly shall provide. *** SEND *** *** SSTART 020.0 011.0 0 ND 1981 *** SEC. 20. The commissioned officers of the militia shall be commissioned by the governor, and no commissioned officer shall be removed from office except by sentence of court-martial, pursuant to law. *** SEND *** *** SSTART 021.0 011.0 0 ND 1981 *** SEC. 21. The militia forces shall in all cases, except treason, felony or breach of the peace, be privileged from arrest during their attendance at musters, parades and elections of officers, and in going to and returning from the same. *** SEND *** *** SSTART 022.0 011.0 0 ND 1981 *** SEC. 22. The right of the debtor to enjoy the comforts and necessaries of life shall be recognized by wholesome laws, exempting from forced sale to all heads of families a homestead, the value of which shall be limited and defined by law; and a reasonable amount of personal property; the kind and value shall be fixed by law. This section shall not be construed to prevent liens against the homestead for labor done and materials furnished in the improvement thereof, in such manner as may be prescribed by law. *** SEND *** *** SSTART 023.0 011.0 0 ND 1981 *** SEC. 23. The real and personal property of any woman in this state, acquired before marriage, and all property to which she may, after marriage become in any manner rightfully entitled, shall be her separate property, and shall not be liable for the debts of her husband. *** SEND *** *** SSTART 024.0 011.0 0 ND 1981 *** SEC. 24. The labor of children under twelve years of age, shall be prohibited in mines, factories and workshops in this state. *** SEND *** *** SSTART 025.0 011.0 0 ND 1981 *** SEC. 25. The legislative assembly shall not authorize any game of chance, lottery, or gift enterprises, under any pretense, or for any purpose whatever. However, the legislative assembly may authorize by law bona fide nonprofit veterans', charitable, educational, religious, or fraternal organizations, civic and service clubs, or such other public-spirited organizations as it may recognize, to conduct games of chance when the entire net proceeds of such games of chance are to be devoted to educational, charitable, patriotic, fraternal, religious, or other public-spirited uses. *** SEND *** *** AEND *** *** ASTART 012.0 ND 1981 *** ARTICLE XII CORPORATIONS OTHER THAN MUNICIPAL *** SSTART 001.0 012.0 0 ND 1981 *** SECTION 1. The term "corporation," as used in this article, shall not be understood as embracing municipalities or political divisions of the state unless otherwise expressly stated, but it shall be held and construed to include all associations and joint stock companies having any of the powers or privileges of corporations not possessed by individuals or partnerships. *** SEND *** *** SSTART 002.0 012.0 0 ND 1981 *** SEC. 2. No charter of incorporation shall be granted, changed or amended by special law, except in the case of such municipal, charitable, educational, penal or reformatory corporations as may be under the control of the state; but the legislative assembly shall provide by general laws for the organization of all corporations hereafter to be created, and any such law, so passed, shall be subject to future repeal or alteration. *** SEND *** *** SSTART 003.0 012.0 0 ND 1981 *** SEC. 3. All existing charters or grants of special or exclusive privileges, under which a bona fide organization shall not have taken place and business been commenced in good faith at the time this constitution takes effect, shall thereafter have no validity. *** SEND *** *** SSTART 004.0 012.0 0 ND 1981 *** SEC. 4. The legislative assembly shall not remit the forfeiture of the charter to any corporation now existing, nor alter or amend the same, nor pass any other general or special law for the benefit of such corporation, except upon the condition that such corporation shall thereafter hold its charter subject to the provisions of this constitution. *** SEND *** *** SSTART 005.0 012.0 0 ND 1981 *** SEC. 5. The exercise of the right of eminent domain shall never be abridged, or so construed as to prevent the legislative assembly from taking the property and franchises of incorporated companies and subjecting them to public use; the same as the property of individuals; and the exercise of the police power of this state shall never be abridged, or so construed as to permit corporations to conduct their business in such a manner as to infringe the equal rights of individuals or the general well-being of the state. *** SEND *** *** SSTART 006.0 012.0 0 ND 1981 *** SEC. 6. In all elections for directors or managers of a corporation, each member or shareholder may cast the whole number of his votes for one candidate, or distribute them upon two or more candidates, as he may prefer, provided, any cooperative corporation may adopt bylaws limiting the voting power of its stockholders. *** SEND *** *** SSTART 007.0 012.0 0 ND 1981 *** SEC. 7. No foreign corporation shall do business in this state without having one or more places of business and an authorized agent or agents in the same, upon whom process may be served. *** SEND *** *** SSTART 008.0 012.0 0 ND 1981 *** SEC. 8. No corporation shall engage in any business other than that expressly authorized in its charter. *** SEND *** *** SSTART 009.0 012.0 0 ND 1981 *** SEC. 9. No corporation shall issue stock or bonds except for money, labor done, or money or property actually received; and all fictitious increase of stock or indebtedness shall be void. The stock and indebtedness of corporations shall not be increased except in pursuance of general law, nor without the consent of the persons holding the larger amount in value of the stock first obtained. *** SEND *** *** SSTART 010.0 012.0 0 ND 1981 *** SEC. 10. No law shall be passed by the legislative assembly granting the right to construct and operate a street railroad, telegraph, telephone or electric light plant within any city, town or incorporated village, without requiring the consent of the local authorities having the control of the street or highway proposed to be occupied for such purposes. *** SEND *** *** SSTART 011.0 012.0 0 ND 1981 *** SEC. 11. Every railroad corporation organized and doing business in this state, under the laws or authority thereof, shall have and maintain a public office or place in the state for the transaction of its business, where transfers of its stock shall be made and in which shall be kept for public inspection, books in which shall be recorded the amount of capital stock subscribed, and by whom, the names of the owners of its stock and the amount owned by them respectively; the amount of stock paid in and by whom, and the transfers of said stock; the amount of its assets and liabilities and the names and place of residence of its officers. The directors of every railroad corporation shall annually make a report, under oath, to the auditor of public accounts, or some officer or officers to be designated by law, of all their acts and doings, which report shall include such matters relating to railroads as may be prescribed by law, and the legislative assembly shall pass laws enforcing by suitable penalties the provisions of this section; provided, the provisions of this section shall not be so construed as to apply to foreign corporations. *** SEND *** *** SSTART 012.0 012.0 0 ND 1981 *** SEC. 12. No railroad corporation shall consolidate its stock, property or franchises with any other railroad corporation owning a parallel or competing line; and in no case shall any consolidation take place except upon public notice given at least sixty days to all stockholders, in such manner as may be provided by law. Any attempt to evade the provisions of this section, by any railroad corporation, by lease or otherwise, shall work a forfeiture of its charter. *** SEND *** *** SSTART 013.0 012.0 0 ND 1981 *** SEC. 13. Railways heretofore constructed or that may hereafter be constructed in this state are hereby declared public highways, and all railroad, sleeping car, telegraph, telephone and transportation companies of passengers, intelligence and freight, are declared to be common carriers and subject to legislative control; and the legislative assembly shall have power to enact laws regulating and controlling the rates of charges for the transportation of passengers, intelligence and freight, as such common carriers from one point to another in this state; provided, that appeal may be had to the courts of this state from the rates so fixed; but the rates fixed by the legislative assembly or board of railroad commissioners shall remain in force pending the decision of the courts. *** SEND *** *** SSTART 014.0 012.0 0 ND 1981 *** SEC. 14. Any association or corporation organized for the purpose shall have the right to construct and operate a railroad between any points within this state, and to connect at the state line with the railroads of other states. Every railroad company shall have the right with its road to intersect, connect with or cross any other, and shall receive and transport each other's passengers, tonnage and cars, loaded or empty, without delay or discrimination. *** SEND *** *** SSTART 015.0 012.0 0 ND 1981 *** SEC. 15. If a general banking law be enacted, it shall provide for the registry and countersigning by an officer of the state, of all notes or bills designed for circulation, and that ample security to the full amount thereof shall be deposited with the state treasurer for the redemption of such notes or bills. *** SEND *** *** SSTART 016.0 012.0 0 ND 1981 *** SEC. 16. Any combination between individuals, corporations, associations, or either having for its object or effect the controlling of the price of any product of the soil or any article of manufacture of commerce, or the cost of exchange or transportation, is prohibited and hereby declared unlawful and against public policy; and any and all franchises heretofore granted or extended, or that may hereafter be granted or extended in this state, whenever the owner or owners thereof violate this article shall be deemed annulled and become void. *** SEND *** *** SSTART 017.0 012.0 0 ND 1981 *** SEC. 17. The exchange of "black lists" between corporations shall be prohibited. *** SEND *** *** AEND *** *** ASTART 013.0 ND 1981 *** ARTICLE XIII COMPACT WITH THE UNITED STATES The following article shall be irrevocable without the consent of the United States and the people of this state: *** SSTART 001.0 013.0 0 ND 1981 *** SECTION 1. 1. Perfect toleration of religious sentiment shall be secured, and no inhabitant of this state shall ever be molested in person or property on account of his or her mode of religious worship. 2. The people inhabiting this state do agree and declare that they forever disclaim all right and title to the unappropriated public lands, lying within the boundaries thereof, and to all lands lying within said limits owned or held by any Indian or Indian tribes, and that until the title thereto shall have extinguished by the United States, the same shall be and remain subject to the disposition of the United States, and that said Indian lands shall remain under the absolute jurisdiction and control of the congress of the United States, provided, however, that the Legislative Assembly of the state of North Dakota may, upon such terms and conditions as it shall adopt, provide for the acceptance of such jurisdiction as may be delegated to the state by act of Congress; that the lands belonging to citizens of the United States residing without this state shall never be taxed at a higher rate than the lands belonging to residents of this state; that no taxes shall be imposed by this state on lands or property therein belonging to, or which may here after be purchased by the United States, or reserved for its use. But nothing in this article shall preclude this state from taxing as other lands are taxed, any lands owned or held by any Indian who has severed his tribal relations, and has obtained from the United States or from any person, a title thereto, by patent or other grant, save and except such lands as have been or may be granted to any Indian or Indians under any acts of congress containing a provision exempting the lands thus granted from taxation, which last mentioned lands shall be exempt from taxation so long, and to such an extent, as is, or may be provided in the act of congress granting the same. 3. In order that payment of the debts and liabilities contracted or incurred by and on behalf of the Territory of Dakota may be justly and equitably provided for and made, and in pursuance of the requirements of an act of congress approved February 22, 1889, entitled "An act to provide for the division of Dakota into two states and to enable the people of North Dakota, South Dakota, Montana and Washington to form constitutions and state governments and to be admitted into the union on an equal footing with the original states, and to make donations of public lands to such states," the states of North Dakota and South Dakota, by proceedings of a joint commission, duly appointed under said act the sessions whereof were held at Bismarck in said State of North Dakota, from July 16, 1889, to July 31, 1889, inclusive, have agreed to the following adjustment of the amounts of the debts and liabilities of the Territory of Dakota which shall be assumed and paid by each of the States of North Dakota and South Dakota, respectively, to wit: This agreement shall take effect and be in force from and after the admission into the union, as one of the United States of America, of either the State of North Dakota or the State of South Dakota. The words "State of North Dakota," wherever used in this agreement, shall be taken to mean the Territory of North Dakota in case the State of South Dakota shall be admitted into the union prior to the admission into the union of the State of North Dakota; and the words "State of South Dakota," wherever used in this agreement, shall be taken to mean the Territory of South Dakota in case the State of North Dakota shall be admitted into the union prior to the admission into the union of the State of South Dakota. The said State of North Dakota shall assume and pay all bonds issued by the Territory of Dakota to provide funds for the purchase, constitution, repairs or maintenance of such public institutions, grounds or buildings as are located within the boundaries of North Dakota, and shall pay all warrants issued under and by virtue of that certain act of the legislative assembly of the Territory of Dakota, approved March 8, 1889, entitled "An act to provide for the refunding of outstanding warrants drawn on the capitol building fund." The said State of South Dakota shall assume and pay all bonds issued by the Territory of Dakota to provide funds for the purchase, construction, repairs or maintenance of such public institutions, grounds or buildings as are located within the boundaries of South Dakota. That is to say: the State of North Dakota shall assume and pay the following bonds and indebtedness, to wit: Bonds issued on account of the hospital for insane at Jamestown, North Dakota, the face aggregate of which is $266,000; also, bonds issued on account of the North Dakota university at Grand Forks, North Dakota, the face aggregate of which is $96,700; also, bonds issued on account of the penitentiary at Bismarck, North Dakota, the face aggregate of which is $93,600; also, refunding capitol building warrants dated April 1, 1889, $83,507.46. And the State of South Dakota shall assume and pay the following bonds and indebtedness, to wit: Bonds issued on account of the hospital for the insane at Yankton, South Dakota, the face aggregate of which is $210,000; also, bonds issued on account of the school for deaf mutes, at Sioux Falls, South Dakota, the face aggregate of which is $51,000; also, bonds issued on account of the university at Vermillion, South Dakota, the face aggregate of which is $75,600, also, bonds issued on account of the penitentiary at Sioux Falls, South Dakota, the face aggregate of which is $94,306; also, bonds issued on account of the agricultural college at Brookings, South Dakota, the face aggregate of which is $97,500; also, bonds issued on account of the normal school at Madison, South Dakota, the face aggregate of which is $49,400; also, bonds issued on account of the school of mines at Rapid City, South Dakota, the face aggregate of which is $33,000; also, bonds issued on account of the reform school at Plankinton, South Dakota, the face aggregate of which is $30,000; also, bonds issued on account of the normal school at Spearfish, South Dakota, the face aggregate of which is $25,000; also, bonds issued on account of the soldiers' home at Hot Springs, South Dakota, the face aggregate of which is $45,000. The states of North Dakota and South Dakota shall pay one-half each of all liabilities now existing or hereafter and prior to the taking effect of this agreement incurred, except those heretofore or hereafter incurred, on account of public institutions, grounds or buildings, except as otherwise herein specifically provided. The State of South Dakota shall pay to the State of North Dakota $46,500, on account of the excess of territorial appropriations for the permanent improvement of territorial institutions which under this agreement will go to South Dakota, and in full of the undivided one-half interest of North Dakota in the territorial library, and in full settlement of unbalanced accounts, and of all claims against the territory, of whatever nature, legal or equitable, arising out of the alleged erroneous or unlawful taxation of Northern Pacific railroad lands, and the payment of said amount shall discharge and exempt the State of South Dakota from all liability for or on account of the several matters hereinbefore referred to; nor shall either state be called upon to pay or answer to any portion of liability hereafter arising or accruing on account of transactions heretofore had, which liability would be a liability of the Territory of Dakota had such territory remained in existence, and which liability shall grow out of matters connected with any public institutions, grounds or buildings of the territory situated or located within the boundaries of the other state. A final adjustment adjustment of accounts shall be made upon the following basis: North Dakota shall be charged with all sums paid on account of the public institutions, grounds or buildings located within its boundaries on account of the current appropriations since March 9, 1889; and South Dakota shall be charged with all sums paid on account of public institutions, grounds or buildings located within its boundaries on the same account and during the same time. Each state shall be charged with one-half of all other expenses of the territorial government during the same time. All moneys paid into the treasury during the period from March 8, 1889, to the time of taking effect of this agreement by any county, municipality or person within the limits of the proposed State of North Dakota, shall be credited to the State of North Dakota; and all sums paid into said treasury within the same time by any county, municipality or person within the limits of the proposed State of South Dakota shall be credited to the State of South Dakota; except that any and all taxes on gross earnings paid into said treasury by railroad corporations, since the 8th day of March, 1889, based upon earnings of years prior to 1888, under and by virtue of the act of the legislative assembly of the Territory of Dakota, approved March 7, 1889, and entitled "An act providing for the levy and collection of taxes upon property of railroad companies in this Territory," being chapter 107 of the session laws of 1889 (that is, the part of such sums going to the territory), shall be equally divided between the states of North Dakota and South Dakota, and all taxes heretofore or hereafter paid into said treasury under and by virtue of the act last mentioned, based on the gross earning of the year 1888, shall be distributed as already provided by laws except that so much thereof as goes to the territorial treasury shall be divided as follows: North Dakota shall have so much thereof as shall be or has been paid by railroads within the limits of the proposed State of North Dakota, and South Dakota so much thereof as shall be or has been paid by railroads within the limits of the proposed State of South Dakota; each state shall be credited also with all balances of appropriations made by the seventeenth legislative assembly of the Territory of Dakota for the account of the public institutions, grounds or buildings situated within its limits, remaining unexpended on March 8, 1889. If there shall be any indebtedness except the indebtedness represented by the bonds and refunding warrants hereinbefore mentioned, each state shall at the time of such final adjustment of accounts, assume its share of said indebtedness as determined by the amount paid on account of the public institutions, grounds or buildings of such state in excess of the receipts from counties, municipalities, railroad corporations or persons within the limits of said state, as provided in this article; and if there should be a surplus at the time of such final adjustment, each state shall be entitled to the amounts received from counties, municipalities, railroad corporations or persons within its limits over and above the amount charged it. And the State of North Dakota hereby obligates itself to pay such part of the debts and liabilities of the Territory of Dakota as is declared by the foregoing agreement to be its proportion thereof, the same as if such proportion had been originally created by said State of North Dakota as its own debt or liability. *** SEND *** *** SSTART 002.0 013.0 0 ND 1981 *** SEC. 2. Jurisdiction is ceded to the United States over the military reservations of Fort Abraham Lincoln, Fort Buford, Fort Pembina, and Fort Totten, heretofore declared by the president of the United States; provided, legal process, civil and criminal, of this state, shall extend over such reservations in all cases in which exclusive jurisdiction is not vested in the United States, or of crimes not committed within the limits of those reservations. *** SEND *** *** SSTART 003.0 013.0 0 ND 1981 *** SEC. 3. The state of North Dakota hereby accepts the several grants of land granted by the United States to the state of North Dakota by an Act of Congress entitled "An act to provide for the division of Dakota into two states, and to enable the people of North Dakota, South Dakota, Montana and Washington to form constitutions and state governments, and to be admitted into the union on equal footing with the original states, and to make donations of public lands to such states," under the conditions and limitations therein mentioned; reserving the right, however, to apply to Congress for modification of said conditions and limitations in case of necessity. *** SEND *** *** AEND *** *** ASTART 9003.0 ND 1981 *** TRANSITION SCHEDULE *** SSTART 001.0 9003.0 0 ND 1981 *** SECTION 1. [Repealed] *** SEND *** *** SSTART 002.0 9003.0 0 ND 1981 *** SEC. 2. [Repealed] *** SEND *** *** SSTART 003.0 9003.0 0 ND 1981 *** SEC. 3. [Repealed] *** SEND *** *** SSTART 004.0 9003.0 0 ND 1981 *** SEC. 4. [Repealed] *** SEND *** *** SSTART 005.0 9003.0 0 ND 1981 *** SEC. 5. [Repealed] *** SEND *** *** SSTART 006.0 9003.0 0 ND 1981 *** SEC. 6. [Repealed] *** SEND *** *** SSTART 007.0 9003.0 0 ND 1981 *** SEC. 7. [Repealed] *** SEND *** *** SSTART 008.0 9003.0 0 ND 1981 *** SEC. 8. [Repealed] *** SEND *** *** SSTART 009.0 9003.0 0 ND 1981 *** SEC. 2. [Repealed] *** SEND *** *** SSTART 010.0 9003.0 0 ND 1981 *** SEC. 10. [Repealed] *** SEND *** *** SSTART 011.0 9003.0 0 ND 1981 *** SEC. 11. [Repealed] *** SEND *** *** SSTART 012.0 9003.0 0 ND 1981 *** SEC. 12. [Repealed] *** SEND *** *** SSTART 013.0 9003.0 0 ND 1981 *** SEC. 13. [Repealed] *** SEND *** *** SSTART 014.0 9003.0 0 ND 1981 *** SEC. 14. [Repealed] *** SEND *** *** SSTART 015.0 9003.0 0 ND 1981 *** SEC. 15. [Repealed] *** SEND *** *** SSTART 016.0 9003.0 0 ND 1981 *** SEC. 16. [Repealed] *** SEND *** *** SSTART 017.0 9003.0 0 ND 1981 *** SEC. 17. [Repealed] *** SEND *** *** SSTART 018.0 9003.0 0 ND 1981 *** SEC. 18. [Repealed] *** SEND *** *** SSTART 019.0 9003.0 0 ND 1981 *** SEC. 19. [Repealed] *** SEND *** *** SSTART 020.0 9003.0 0 ND 1981 *** SEC. 20. [Repealed] *** SEND *** *** SSTART 021.0 9003.0 0 ND 1981 *** SEC. 21. [Repealed] *** SEND *** *** SSTART 022.0 9003.0 0 ND 1981 *** SEC. 22. [Repealed] *** SEND *** *** SSTART 023.0 9003.0 0 ND 1981 *** SEC. 23. [Repealed] *** SEND *** *** SSTART 024.0 9003.0 0 ND 1981 *** SEC. 24. [Repealed] *** SEND *** *** SSTART 025.0 9003.0 0 ND 1981 *** SEC. 25. [Repealed] *** SEND *** *** SSTART 026.0 9003.0 0 ND 1981 *** SEC. 26. The legislative assembly shall provide for the editing, and for the publication in an independent volume, of this constitution as soon as it shall take effect, and whenever it shall be altered or amended, and shall cause to be published in the same volume the Declaration of Independence, the Constitution of the United States and the Enabling Act. *** SEND *** *** AEND *** *** MSTART 001 001.0 001.0 0 ND 1981 1984 *** SECTION 1. All individuals are by nature equally free and independent and have certain inalienable rights, among which are those of enjoying and defending life and liberty; acquiring, possessing and protecting property and reputation; pursuing and obtaining safety and happiness; and to keep and bear arms for the defense of their person, family, property, and the state, and for lawful hunting, recreational, and other lawful purposes, which shall not be infringed. [Approved November 6, 1984] *** MEND *** *** MSTART 002 016.0 001.0 0 ND 1981 1982 *** SEC. 16. Private property shall not be taken or damaged for public use without just compensation having been first made to, or paid into court for the owner, unless the owner chooses to accept annual payments as may be provided for by law. No right of way shall be appropriated to the use of any corporation until full compensation therefor be first made in money or ascertained and paid into court for the owner, unless the owner chooses annual payments as may be provided by law, irrespective of any benefit from any improvement proposed by such corporation. Compensation shall be ascertained by a jury, unless a jury be waived. When the state or any of its departments, agencies or political subdivisions seeks to acquire right of way, it may take possession upon making an offer to purchase and by depositing the amount of such offer with the clerk of the district court of the county wherein the right of way is located. The clerk shall immediately notify the owner of such deposit. The owner may thereupon appeal to the court in the manner provided by law, and may have a jury trial, unless a jury be waived, to determine the damages, which damages the owner may choose to accept in annual payments as may be provided for by law. Annual payments shall not be subject to escalator clauses but may be supplemented by interest earned. [Approved November 2, 1982] *** MEND *** *** MSTART 003 002.0 003.0 0 ND 1981 2004 *** SEC. 2. A petition to initiate or to refer a measure must be presented to the secretary of state for approval as to form. A request for approval must be presented over the names and signatures of twenty-five or more electors as sponsors, one of whom must be designated as chairman of the sponsoring committee. The secretary of state shall approve the petition for circulation if it is in proper form and contains the names and addresses of the sponsors and the full text of the measure. The legislative assembly may provide by law for a procedure through which the legislative council may establish an appropriate method for determining the fiscal impact of an initiative measure and for making the information regarding the fiscal impact of the measure available to the public. [Approved 2004] *** MEND *** *** MSTART 004 001.0 004.0 0 ND 1981 1984 *** SECTION 1. The senate must be composed of not less than forty nor more than fifty-four members, and the house of representatives must be composed of not less than eighty nor more than one hundred eight members. These houses are jointly designated as the legislative assembly of the state of North Dakota. [Approved June 12, 1984; effective December 1, 1986] *** MEND *** *** MSTART 005 002.0 004.0 0 ND 1981 1984 *** SEC. 2. The legislative assembly shall fix the number of senators and representatives and divide the state into as many senatorial districts of compact and contiguous territory as there are senators. The districts thus ascertained and determined after the 1990 federal decennial census shall continue until the adjournment of the first regular session after each federal decennial census, or until changed by law. The legislative assembly shall guarantee, as nearly as is practicable, that every elector is equal to every other elector in the state in the power to cast ballots for legislative candidates. A senator and at least two representatives must be apportioned to each senatorial district and be elected at large or from subdistricts from those districts. The legislative assembly may combine two senatorial districts only when a single member senatorial district includes a federal facility or federal installation, containing over two-thirds of the population of a single member senatorial district, and may provide for the election of senators at large and representatives at large or from subdistricts from those districts. [Approved June 12, 1984; effective December 1, 1986] *** MEND *** *** MSTART 006 003.0 004.0 0 ND 1981 1984 *** SEC. 3. The legislative assembly shall establish by law a procedure whereby one-half of the members of the senate, as nearly as is practicable, are elected biennially. [Approved June 12, 1984; effective December 1, 1986] *** MEND *** *** MSTART 007 003.0 004.0 0 ND 1981 1996 *** SEC. 3. The legislative assembly shall establish by law a procedure whereby one-half of the members of the senate and one-half of the members of the house of representatives, as nearly as is practicable, are elected biennially. [Approved November 5, 1996; effective July 1, 1997] *** MEND *** *** MSTART 008 004.0 004.0 0 ND 1981 1984 *** SEC. 4. Senators must be elected for terms of four years and representatives for terms of two years. [Approved June 12, 1984; effective December 1, 1986] *** MEND *** *** MSTART 009 004.0 004.0 0 ND 1981 1996 *** SEC. 4. Senators and representatives must be elected for terms of four years. [Approved November 5, 1996; effective July 1, 1997] *** MEND *** *** MSTART 010 005.0 004.0 0 ND 1981 1984 *** SEC. 5. Each person elected to the legislative assembly must be, on the day of the election, a qualified elector in the district from which the member was chosen and must have been a resident of the state for one year immediately prior to that election. [Approved June 12, 1984; effective December 1, 1986] *** MEND *** *** MSTART 011 006.0 004.0 0 ND 1981 1984 *** SEC. 6. While serving in the legislative assembly, no member may hold any full-time appointive state office established by this constitution or designated by law. During the term for which elected, no member of the legislative assembly may be appointed to any full-time office which has been created, or to any office for which the compensation has been increased, by the legislative assembly during that term. [Approved June 12, 1984; effective December 1, 1986] *** MEND *** *** MSTART 012 007.0 004.0 0 ND 1981 1984 *** SEC. 7. The terms of members of the legislative assembly begin on the first day of December following their election. The legislative assembly shall meet at the seat of government in the month of December following the election of the members thereof for organizational and orientation purposes as provided by law and shall thereafter recess until twelve noon on the first Tuesday after the third day in January or at such other time as may be prescribed by law but not later than the eleventh day of January. No regular session of the legislative assembly may exceed eighty natural days during the biennium. The organizational meeting of the legislative assembly may not be counted as part of those eighty natural days, nor may days spent in session at the call of the governor or while engaged in impeachment proceedings, be counted. Days spent in regular session need not be consecutive, and the legislative assembly may authorize its committees to meet at any time during the biennium. As used in this section, a "natural day" means a period of twenty-four consecutive hours. Neither house may recess nor adjourn for more than three days without consent of the other house. [Approved June 12, 1984; effective December 1, 1986] *** MEND *** *** MSTART 013 008.0 004.0 0 ND 1981 1984 *** SEC. 8. The house of representatives shall elect one of its members to act as presiding officer at the beginning of each organizational session. [Approved June 12, 1984; effective December 1, 1986] *** MEND *** *** MSTART 014 009.0 004.0 0 ND 1981 1984 *** SEC. 9. If any person elected to either house of the legislative assembly shall offer or promise to give his vote or influence, in favor of, or against any measure or proposition pending or proposed to be introduced into the legislative assembly, in consideration, or upon conditions, that any other person elected to the same legislative assembly will give, or will promise or assent to give, his vote or influence in favor of or against any other measure or proposition, pending or proposed to be introduced into such legislative assembly, the person making such offer or promise shall be deemed guilty of solicitation of bribery. If any member of the legislative assembly, shall give his vote or influence for or against any measure or proposition, pending or proposed to be introduced into such legislative assembly, or offer, promise or assent so to do upon condition that any other member will give, promise or assent to give his vote or influence in favor of or against any other such measure or proposition pending or proposed to be introduced into such legislative assembly, or in consideration that any other member hath given his vote or influence, for or against any other measure or proposition in such legislative assembly, he shall be deemed guilty of bribery. And any person, member of the legislative assembly or person elected thereto, who shall be guilty of either such offenses, shall be expelled, and shall not thereafter be eligible to the legislative assembly, and, on the conviction thereof in the civil courts, shall be liable to such further penalty as may be prescribed by law. [Approved June 12, 1984; effective December 1, 1986] [Note: Former Article IV, Section 14] *** MEND *** *** MSTART 015 010.0 004.0 0 ND 1981 1984 *** SEC. 10. No member of the legislative assembly, expelled for corruption, and no person convicted of bribery, perjury or other infamous crime shall be eligible to the legislative assembly, or to any office in either branch thereof. [Approved June 12, 1984; effective December 1, 1986] [Note: Former Article IV, Section 15] *** MEND *** *** MSTART 016 011.0 004.0 0 ND 1981 1984 *** SEC. 11. The governor shall issue writs of election to fill such vacancies as may occur in either house of the legislative assembly. [Approved June 12, 1984; effective December 1, 1986] [Note: Former Article IV, Section 19] *** MEND *** *** MSTART 017 011.0 004.0 0 ND 1981 2000 *** SEC. 11. The legislative assembly may provide by law a procedure to fill vacancies occurring in either house of the legislative assembly. [Approved June 13, 2000] *** MEND *** *** MSTART 018 012.0 004.0 0 ND 1981 1984 *** SEC. 12. A majority of the members elected to each house constitutes a quorum. A smaller number may adjourn from day to day and may compel attendance of absent members in a manner, and under a penalty, as may be provided by law. Each house is the judge of the qualifications of its members, but election contests are subject to judicial review as provided by law. If two or more candidates for the same office receive an equal and highest number of votes, the secretary of state shall choose one of them by the toss of a coin. Each house shall determine its rules of procedure, and may punish its members or other persons for contempt or disorderly behavior in its presence. With the concurrence of two-thirds of its elected members, either house may expel a member. [Approved June 12, 1984; effective December 1, 1986] *** MEND *** *** MSTART 019 013.0 004.0 0 ND 1981 1984 *** SEC. 13. Each house shall keep a journal of its proceedings, and a recorded vote on any question shall be taken at the request of one-sixth of those members present. No bill may become law except by a recorded vote of a majority of the members elected to each house, and the lieutenant governor is considered a member-elect of the senate when the lieutenant governor votes. No law may be enacted except by a bill passed by both houses, and no bill may be amended on its passage through either house in a manner which changes its general subject matter. No bill may embrace more than one subject, which must be expressed in its title; but a law violating this provision is invalid only to the extent the subject is not so expressed. Every bill must be read on two separate natural days, and the readings may be by title only unless a reading at length is demanded by one-fifth of the members present. No bill may be amended, extended, or incorporated in any other bill by reference to its title only, except in the case of definitions and procedural provisions. The presiding officer of each house shall sign all bills passed and resolutions adopted by the legislative assembly, and the fact of signing shall be entered at once in the journal. Every law enacted by the legislative assembly takes effect on July first after its filing with the secretary of state, or ninety days after its filing, whichever comes later, or on a subsequent date if specified in the law unless, by a vote of two-thirds of the members elected to each house, the legislative assembly declares it an emergency measure and includes the declaration in the Act. An emergency measure takes effect upon its filing with the secretary of state or on a date specified in the measure. Every law enacted by a special session of the legislative assembly takes effect on a date specified in the Act. [Approved June 12, 1984; effective December 1, 1986] *** MEND *** *** MSTART 020 013.0 004.0 0 ND 1981 1987 *** SEC. 13. Each house shall keep a journal of its proceedings, and a recorded vote on any question shall be taken at the request of one-sixth of those members present. No bill may become law except by a recorded vote of a majority of the members elected to each house, and the lieutenant governor is considered a member-elect of the senate when the lieutenant governor votes. No law may be enacted except by a bill passed by both houses, and no bill may be amended on its passage through either house in a manner which changes its general subject matter. No bill may embrace more than one subject, which must be expressed in its title; but a law violating this provision is invalid only to the extent the subject is not so expressed. Every bill must be read on two separate natural days, and the readings may be by title only unless a reading at length is demanded by one-fifth of the members present. No bill may be amended, extended, or incorporated in any other bill by reference to its title only, except in the case of definitions and procedural provisions. The presiding officer of each house shall sign all bills passed and resolutions adopted by the legislative assembly, and the fact of signing shall be entered at once in the journal. Every law, except as otherwise provided in this section, enacted by the legislative assembly takes effect on July first after its filing with the secretary of state, or ninety days after its filing, whichever comes later, or on a subsequent date if specified in the law unless, by a vote of two-thirds of the members elected to each house, the legislative assembly declares it an emergency measure and includes the declaration in the Act. Every appropriation measure for support and maintenance of state departments and institutions and every tax measure that changes tax rates enacted by the legislative assembly take effect on July first after its filing with the secretary of state or on a subsequent date if specified in the law unless, by a vote of two- thirds of the members elected to each house, the legislative assembly declares it an emergency measure and includes the declaration in the Act. An emergency measure takes effect upon its filing with the secretary of state or on a date specified in the measure. Every law enacted by a special session of the legislative assembly takes effect on a date specified in the Act. The legislative assembly shall enact all laws necessary to carry into effect the provisions of this constitution. Except as otherwise provided in this constitution, no local or special laws may be enacted, nor may the legislative assembly indirectly enact special or local laws by the partial repeal of a general law but laws repealing local or special laws may be enacted. [Approved March 18, 1987] *** MEND *** *** MSTART 021 013.0 004.0 0 ND 1981 1992 *** SEC. 13. Each house shall keep a journal of its proceedings, and a recorded vote on any question shall be taken at the request of one-sixth of those members present. No bill may become law except by a recorded vote of a majority of the members elected to each house, and the lieutenant governor is considered a member-elect of the senate when the lieutenant governor votes. No law may be enacted except by a bill passed by both houses, and no bill may be amended on its passage through either house in a manner which changes its general subject matter. No bill may embrace more than one subject, which must be expressed in its title; but a law violating this provision is invalid only to the extent the subject is not so expressed. Every bill must be read on two separate natural days, and the readings may be by title only unless a reading at length is demanded by one-fifth of the members present. No bill may be amended, extended, or incorporated in any other bill by reference to its title only, except in the case of definitions and procedural provisions. The presiding officer of each house shall sign all bills passed and resolutions adopted by the legislative assembly, and the fact of signing shall be entered at once in the journal. Every law, except as otherwise provided in this section, enacted by the legislative assembly during its eighty natural meeting days takes effect on August first after its filing with the secretary of state, or if filed on or after August first and before January first of the following year ninety days after its filing, or on a subsequent date if specified in the law unless, by a vote of two-thirds of the members elected to each house, the legislative assembly declares it an emergency measure and includes the declaration in the Act. Every appropriation measure for support and maintenance of state departments and institutions and every tax measure that changes tax rates enacted by the legislative assembly take effect on July first after its filing with the secretary of state or on a subsequent date if specified in the law unless, by a vote of two- thirds of the members elected to each house, the legislative assembly declares it an emergency measure and includes the declaration in the Act. An emergency measure takes effect upon its filing with the secretary of state or on a date specified in the measure. Every law enacted by a special session of the legislative assembly takes effect on a date specified in the Act. The legislative assembly shall enact all laws necessary to carry into effect the provisions of this constitution. Except as otherwise provided in this constitution, no local or special laws may be enacted, nor may the legislative assembly indirectly enact special or local laws by the partial repeal of a general law but laws repealing local or special laws may be enacted. *** MEND *** *** MSTART 022 014.0 004.0 0 ND 1981 1984 *** SEC. 14. All sessions of the legislative assembly, including the committee of the whole and meetings of legislative committees, must be open and public. [Approved June 12, 1984; effective December 1, 1986] *** MEND *** *** MSTART 023 015.0 004.0 0 ND 1981 1984 *** SEC. 15. Members of the legislative assembly are immune from arrest during their attendance at the sessions, and in going to or returning from the sessions, except in cases of felony. Members of the legislative assembly may not be questioned in any other place for any words used in any speech or debate in legislative proceedings. [Approved June 12, 1984; effective December 1, 1986] *** MEND *** *** MSTART 024 016.0 004.0 0 ND 1981 1984 *** SEC. 16. Any amendment to this constitution may be proposed in either house of the legislative assembly, and if agreed to upon a roll call by a majority of the members elected to each house, must be submitted to the electors and if a majority of the votes cast thereon are in the affirmative, the amendment is a part of this constitution. [Approved June 12, 1984; effective December 1, 1986] *** MEND *** *** MSTART 025 017.0 004.0 0 ND 1981 1984 *** SEC. 17. [Repealed] [Approved June 12, 1984; effective December 1, 1986] *** MEND *** *** MSTART 026 018.0 004.0 0 ND 1981 1984 *** SEC. 18. [Repealed] [Approved June 12, 1984; effective December 1, 1986] *** MEND *** *** MSTART 027 019.0 004.0 0 ND 1981 1984 *** SEC. 19. [Renumbered Article IV, Section 11] [Approved June 12, 1984; effective December 1, 1986] *** MEND *** *** MSTART 028 020.0 004.0 0 ND 1981 1984 *** SEC. 20. [Repealed] [Approved June 12, 1984; effective December 1, 1986] *** MEND *** *** MSTART 029 021.0 004.0 0 ND 1981 1984 *** SEC. 21. [Repealed] [Approved June 12, 1984; effective December 1, 1986] *** MEND *** *** MSTART 030 022.0 004.0 0 ND 1981 1984 *** SEC. 22. [Repealed] [Approved June 12, 1984; effective December 1, 1986] *** MEND *** *** MSTART 031 023.0 004.0 0 ND 1981 1984 *** SEC. 23. [Repealed] [Approved June 12, 1984; effective December 1, 1986] *** MEND *** *** MSTART 032 024.0 004.0 0 ND 1981 1984 *** SEC. 24. [Repealed] [Approved June 12, 1984; effective December 1, 1986] *** MEND *** *** MSTART 033 025.0 004.0 0 ND 1981 1984 *** SEC. 25. [Repealed] [Approved June 12, 1984; effective December 1, 1986] *** MEND *** *** MSTART 034 026.0 004.0 0 ND 1981 1984 *** SEC. 26. [Repealed] [Approved June 12, 1984; effective December 1, 1986] *** MEND *** *** MSTART 035 027.0 004.0 0 ND 1981 1984 *** SEC. 27. [Repealed] [Approved June 12, 1984; effective December 1, 1986] *** MEND *** *** MSTART 036 028.0 004.0 0 ND 1981 1984 *** SEC. 28. [Repealed] [Approved June 12, 1984; effective December 1, 1986] *** MEND *** *** MSTART 037 029.0 004.0 0 ND 1981 1984 *** SEC. 29. [Repealed] [Approved June 12, 1984; effective December 1, 1986] *** MEND *** *** MSTART 038 030.0 004.0 0 ND 1981 1984 *** SEC. 30. [Repealed] [Approved June 12, 1984; effective December 1, 1986] *** MEND *** *** MSTART 039 031.0 004.0 0 ND 1981 1984 *** SEC. 31. [Repealed] [Approved June 12, 1984; effective December 1, 1986] *** MEND *** *** MSTART 040 032.0 004.0 0 ND 1981 1984 *** SEC. 32. [Repealed] [Approved June 12, 1984; effective December 1, 1986] *** MEND *** *** MSTART 041 033.0 004.0 0 ND 1981 1984 *** SEC. 33. [Repealed] [Approved June 12, 1984; effective December 1, 1986] *** MEND *** *** MSTART 042 034.0 004.0 0 ND 1981 1984 *** SEC. 34. [Repealed] [Approved June 12, 1984; effective December 1, 1986] *** MEND *** *** MSTART 043 035.0 004.0 0 ND 1981 1984 *** SEC. 35. [Repealed] [Approved June 12, 1984; effective December 1, 1986] *** MEND *** *** MSTART 044 036.0 004.0 0 ND 1981 1984 *** SEC. 36. [Repealed] [Approved June 12, 1984; effective December 1, 1986] *** MEND *** *** MSTART 045 037.0 004.0 0 ND 1981 1984 *** SEC. 37. [Repealed] [Approved June 12, 1984; effective December 1, 1986] *** MEND *** *** MSTART 046 038.0 004.0 0 ND 1981 1984 *** SEC. 38. [Repealed] [Approved June 12, 1984; effective December 1, 1986] *** MEND *** *** MSTART 047 039.0 004.0 0 ND 1981 1984 *** SEC. 39. [Repealed] [Approved June 12, 1984; effective December 1, 1986] *** MEND *** *** MSTART 048 040.0 004.0 0 ND 1981 1984 *** SEC. 40. [Repealed] [Approved June 12, 1984; effective December 1, 1986] *** MEND *** *** MSTART 049 041.0 004.0 0 ND 1981 1984 *** SEC. 41. [Repealed] [Approved June 12, 1984; effective December 1, 1986] *** MEND *** *** MSTART 050 042.0 004.0 0 ND 1981 1984 *** SEC. 42. [Repealed] [Approved June 12, 1984; effective December 1, 1986] *** MEND *** *** MSTART 051 043.0 004.0 0 ND 1981 1984 *** SEC. 43. [Repealed] [Approved June 12, 1984; effective December 1, 1986] *** MEND *** *** MSTART 052 044.0 004.0 0 ND 1981 1984 *** SEC. 44. [Repealed] [Approved June 12, 1984; effective December 1, 1986] *** MEND *** *** MSTART 053 045.0 004.0 0 ND 1981 1984 *** SEC. 45. [Repealed] [Approved June 12, 1984; effective December 1, 1986] *** MEND *** *** MSTART 054 046.0 004.0 0 ND 1981 1982 *** SEC. 46. [Repealed] [Approved June 8, 1982] *** MEND *** *** MSTART 055 001.0 005.0 0 ND 1981 1996 *** SECTION 1. The executive power is vested in the governor, who shall reside in the state capital and shall hold the office for the term of four years beginning in the year 2000, and until a successor is elected and qualified. [Approved June 11, 1996; effective July 1, 1997] *** MEND *** *** MSTART 056 002.0 005.0 0 ND 1981 1996 *** SEC. 2. The qualified electors of the state at the times and places of choosing members of the legislative assembly shall choose a governor, lieutenant governor, agriculture commissioner, attorney general, auditor, insurance commissioner, three public service commissioners, secretary of state, superintendent of public instruction, tax commissioner, and treasurer. The legislative assembly may by law provide for a department of labor to be administered by a public official who may be either elected or appointed. The powers and duties of the agriculture commissioner, attorney general, auditor, insurance commissioner, public service commissioners, secretary of state, superintendent of public instruction, tax commissioner, and treasurer must be prescribed by law. If the legislative assembly establishes a labor department, the powers and duties of the officer administering that department must be prescribed by law. [Approved June 11, 1996; effective July 1, 1997] *** MEND *** *** MSTART 057 003.0 005.0 0 ND 1981 1996 *** SEC. 3. The governor and the lieutenant governor must be elected on a joint ballot. Each vote cast for a candidate for governor is deemed cast also for the candidate for lieutenant governor running jointly with the candidate for governor. The joint candidates having the highest number of votes must be declared elected. If two or more joint candidates have an equal and highest number of votes for governor and lieutenant governor, the legislative assembly in joint session at its next regular session shall choose one pair of joint candidates for the offices. The returns of the election for governor and lieutenant governor must be made in the manner prescribed by law. [Approved June 11, 1996; effective July 1, 1997] *** MEND *** *** MSTART 058 004.0 005.0 0 ND 1981 1996 *** SEC. 4. To be eligible to hold an elective office established by this article, a person must be a qualified elector of this state, must be at least twenty-five years of age on the day of the election, and must have been a resident of this state for the five years preceding election to office. To be eligible to hold the office of governor or lieutenant governor, a person must be at least thirty years old on the day of the election. The attorney general must be licensed to practice law in this state. [Approved June 11, 1996; effective July 1, 1997] *** MEND *** *** MSTART 059 005.0 005.0 0 ND 1981 1996 *** SEC. 5. The qualified electors shall choose the elected state officials at a time designated by the legislative assembly. The elected state officials shall serve until their successors are duly qualified. Terms of office are four years, except that terms of the public service commissioners are six years, so arranged that one of them is elected every two years. The terms of the governor and lieutenant governor begin on December fifteenth following their election. If two or more candidates for any executive office other than for governor and lieutenant governor receive an equal and highest number of votes, the legislative assembly in joint session shall choose one of them for the office. [Approved June 11, 1996; effective July 1, 1997] *** MEND *** *** MSTART 060 005.0 005.0 0 ND 1981 2000 *** SEC. 5. The qualified electors shall choose the elected state officials at a time designated by the legislative assembly. The elected state officials shall serve until their successors are duly qualified. Terms of office of the elected officials except the public service commissioners are four years, except that in 2004 the agriculture commissioner, attorney general, secretary of state, and tax commissioner are elected to a term of two years. The terms of the public service commissioners are six years, so arranged that one of them is elected every two years. The terms of the governor and lieutenant governor begin on December fifteenth following their election. If two or more candidates for any executive office other than for governor and lieutenant governor receive an equal and highest number of votes, the legislative assembly in joint session shall choose one of them for the office. [Approved June 13, 2000] *** MEND *** *** MSTART 061 006.0 005.0 0 ND 1981 1996 *** SEC. 6. The elected state officials and the chief executive officers of the principal departments shall hold office in the state capital. [Approved June 11, 1996; effective July 1, 1997] *** MEND *** *** MSTART 062 007.0 005.0 0 ND 1981 1996 *** SEC. 7. The governor is the chief executive of the state. The governor shall have the responsibility to see that the state's business is well administered and that its laws are faithfully executed. The governor is commander-in-chief of the state's military forces, except when they are called into the service of the United States, and the governor may mobilize them to execute the laws and maintain order. The governor shall prescribe the duties of the lieutenant governor in addition to those prescribed in this article. The governor may call special sessions of the legislative assembly. The governor shall present information on the condition of the state, together with any recommended legislation, to every regular and special session of the legislative assembly. The governor shall transact and supervise all necessary business of the state with the United States, the other states, and the officers and officials of this state. The governor may grant reprieves, commutations, and pardons. The governor may delegate this power in a manner provided by law. [Approved June 11, 1996; effective July 1, 1997] *** MEND *** *** MSTART 063 008.0 005.0 0 ND 1981 1996 *** SEC. 8. The governor may fill a vacancy in any office by appointment if no other method is provided by this constitution or by law. If, while the senate is recessed or adjourned, a vacancy occurs in any office that is filled by appointment with senate confirmation, the governor shall make a temporary appointment to the office. When the senate reconvenes the governor shall make a nomination to fill the office. Except on request of the senate, no nominee rejected by the senate may again be nominated for that office at the same session, nor may the nominee be appointed to that office during a recess or adjournment of the senate. [Approved June 11, 1996; effective July 1, 1997] *** MEND *** *** MSTART 064 009.0 005.0 0 ND 1981 1996 *** SEC. 9. Every bill passed by the legislative assembly must be presented to the governor for the governor's signature. If the governor signs the bill, it becomes law. The governor may veto a bill passed by the legislative assembly. The governor may veto items in an appropriation bill. Portions of the bill not vetoed become law. The governor shall return for reconsideration any vetoed item or bill, with a written statement of the governor's objections, to the house in which it originated. That house shall immediately enter the governor's objections upon its journal. If, by a recorded vote, two-thirds of the members elected to that house pass a vetoed item or bill, it, along with the statement of the governor's objections, must immediately be delivered to the other house. If, by a recorded vote, two-thirds of the members elected to the other house also pass it, the vetoed item or bill becomes law. While the legislative assembly is in session, a bill becomes law if the governor neither signs nor vetoes it within three legislative days after its delivery to the governor. If the legislative assembly is not in session, a bill becomes law if the governor neither signs nor vetoes it within fifteen days, Saturdays and Sundays excepted, after its delivery to the governor. [Approved June 11, 1996; effective July 1, 1997] *** MEND *** *** MSTART 065 010.0 005.0 0 ND 1981 1996 *** SEC. 10. A governor who asks, receives, or agrees to receive any bribe upon any understanding that the governor's official opinion, judgment, or action shall be influenced thereby, or who gives or offers, or promises the governor's official influence in consideration that any member of the legislative assembly shall give the member's official vote or influence on any particular side of any question or matter upon which the member may be required to act in the member's official capacity, or who menaces any member by the threatened use of the governor's veto power, or who offers or promises any member that the governor will appoint any particular person or persons to any office created or thereafter to be created, in consideration that any member shall give the member's official vote or influence on any matter pending or thereafter to be introduced into either house of the legislative assembly, or who threatens any member that the governor will remove any person or persons from office or position with intent in any manner to influence the action of that member, must be punished in the manner now, or that may hereafter be, provided by law, and upon conviction thereof forfeits all right to hold or exercise any office of trust or honor in this state. [Approved June 11, 1996; effective July 1, 1997] *** MEND *** *** MSTART 066 011.0 005.0 0 ND 1981 1996 *** SEC. 11. The lieutenant governor shall succeed to the office of governor when a vacancy occurs in the office of governor. If, during a vacancy in the office of governor, the lieutenant governor is unable to serve because of death, impeachment, resignation, failure to qualify, removal from office, or disability, the secretary of state shall act as governor until the vacancy is filled or the disability removed. [Approved June 11, 1996; effective July 1, 1997] *** MEND *** *** MSTART 067 012.0 005.0 0 ND 1981 1996 *** SEC. 12. The lieutenant governor shall serve as president of the senate. If the senate is equally divided on a question, the lieutenant governor may vote on procedural matters and on substantive matters if the lieutenant governor's vote would be decisive. [Approved June 11, 1996; effective July 1, 1997] *** MEND *** *** MSTART 068 013.0 005.0 0 ND 1981 1996 *** SEC. 13. [Repealed] [Approved June 11, 1996] *** MEND *** *** MSTART 069 014.0 005.0 0 ND 1981 1982 *** SEC. 14. [Repealed] [Approved June 8, 1982] *** MEND *** *** MSTART 070 013.0 006.0 0 ND 1981 1998 *** SEC. 13. 1. A judicial nominating committee must be established by law. The governor shall fill any vacancy in the office of supreme court justice or district court judge by appointment from a list of candidates nominated by the committee, unless the governor calls a special election to fill the vacancy for the remainder of the term. Except as provided in subsection 2, an appointment must continue until the next general election, when the office must be filled by election for the remainder of the term. 2. An appointment must continue for at least two years. If the term of the appointed judgeship expires before the judge has served at least two years, the judge shall continue in the position until the next general election immediately following the service of at least two years. 3. Notwithstanding sections 7 and 9 of this article, the term of the judge elected at the subsequent general election provided for in subsection 2 is reduced to the number of years remaining in the subsequent term after the appointee has served at least two years. [Approved June 9, 1998] *** MEND *** *** MSTART 071 001.0 007.0 0 ND 1981 1982 *** SECTION 1. The purpose of this article is to provide for maximum local self-government by all political subdivisions with a minimum duplication of functions. [Approved June 8, 1982] *** MEND *** *** MSTART 072 002.0 007.0 0 ND 1981 1982 *** SEC. 2. The legislative assembly shall provide by law for the establishment and the government of all political subdivisions. Each political subdivision shall have and exercise such powers as provided by law. [Approved June 8, 1982] *** MEND *** *** MSTART 073 003.0 007.0 0 ND 1981 1982 *** SEC. 3. The several counties of the state of North Dakota as they now exist are hereby declared to be counties of the state of North Dakota. [Approved June 8, 1982] *** MEND *** *** MSTART 074 004.0 007.0 0 ND 1981 1982 *** SEC. 4. The legislative assembly shall provide by law for relocating county seats within counties, but it shall have no power to remove the county seat of any county. [Approved June 8, 1982] *** MEND *** *** MSTART 075 005.0 007.0 0 ND 1981 1982 *** SEC. 5. Methods and standards by which all or any portion of a county or counties may be annexed, merged, consolidated, reclassified, or dissolved shall be as provided by law. No portion of any county or counties shall be annexed, merged, consolidated, or dissolved unless a majority of the electors of each affected county voting on the question so approve. [Approved June 8, 1982] *** MEND *** *** MSTART 076 006.0 007.0 0 ND 1981 1982 *** SEC. 6. The legislative assembly shall provide by law for the establishment and exercise of home rule in counties and cities. No home rule charter shall become operative in any county or city until submitted to the electors thereof and approved by a majority of those voting thereon. In granting home rule powers to cities, the legislative assembly shall not be restricted by city debt limitations contained in this constitution. [Approved June 8, 1982] *** MEND *** *** MSTART 077 007.0 007.0 0 ND 1981 1982 *** Section 7. The legislative assembly shall also provide by law for optional forms of government for counties, but no optional form of government shall become operative in any county until submitted to the electors thereof at a special or general election, and approved by a majority of those voting thereon. Until one of the optional forms of county government is adopted by any county, the fiscal and administrative affairs of the county shall be governed by a board of county commissioners as provided by law. [Approved June 8, 1982] *** MEND *** *** MSTART 078 008.0 007.0 0 ND 1981 1982 *** SEC. 8. Each county shall provide for law enforcement, administrative and fiscal services, recording and registration services, educational services, and any other governmental services or functions as may be provided by law. Any elective county office shall be for a term of four years. [Approved June 8, 1982] *** MEND *** *** MSTART 079 008.0 007.0 0 ND 1981 1998 *** SEC. 8. Each county shall provide for law enforcement, administrative and fiscal services, recording and registration services, educational services, and any other governmental services or functions as may be provided by law. Any elective office provided for by the counties shall be for a term of four years. Elective officers shall be elected by the electors in the jurisdiction in which the elected officer is to serve. A candidate for election must be a resident in the jurisdiction in which they are to serve at the time of the election. The office of sheriff shall be elected. [Approved November 3, 1998] *** MEND *** *** MSTART 080 008.0 007.0 0 ND 1981 2002 *** SEC. 8. Each county shall provide for law enforcement, administrative and fiscal services, recording and registration services, educational services, and any other governmental services or functions as may be provided by law. Any elective office provided for by the counties shall be for a term of four years. Elective officers shall be elected by the electors in the jurisdiction in which the elected officer is to serve. A candidate for election for sheriff must be a resident in the jurisdiction in which the candidate is to serve at the time of the election. The office of sheriff shall be elected. The legislative assembly may provide by law for the election of any county elective officer, other than the sheriff, to serve one or more counties provided the affected counties agree to the arrangement and any candidate elected to the office is a qualified elector of one of the affected counties. [Approved June 11, 2002] *** MEND *** *** MSTART 081 009.0 007.0 0 ND 1981 1982 *** SEC. 9. Questions of the form of government to be adopted by any county or on the elimination or reinstatement of elective county offices may be placed upon the ballot by petition of electors of the county equal in number to twenty-five percent of the votes cast in the county for the office of governor at the preceding gubernatorial election. [Approved June 8, 1982] *** MEND *** *** MSTART 082 010.0 007.0 0 ND 1981 1982 *** SEC. 10. Agreements, including those for cooperative or joint administration of any powers or functions, may be made by any political subdivision with any other political subdivision, with the state, or with the United States, unless otherwise provided by law or home rule charter. A political subdivision may by mutual agreement transfer to the county in which it is located any of its powers or functions as provided by law or home rule charter, and may in like manner revoke the transfer. [Approved June 8, 1982] *** MEND *** *** MSTART 083 011.0 007.0 0 ND 1981 1982 *** SEC. 11. The power of the governing board of a city to franchise the construction and operation of any public utility or similar service within the city shall not be abridged by the legislative assembly. [Approved June 8, 1982] *** MEND *** *** MSTART 084 006.0 008.0 0 ND 1981 1994 *** SEC. 6. 1. A board of higher education, to be officially known as the state board of higher education, is hereby created for the control and administration of the following state educational institutions, to wit: a. The state university and school of mines, at Grand Forks, with their substations. b. The state agricultural college and experiment station, at Fargo, with their substations. c. The school of science, at Wahpeton. d. The state normal schools and teachers colleges, at Valley City, Mayville, Minot, and Dickinson. e. The school of forestry, at Bottineau. f. And such other state institutions of higher education as may hereafter be established. 2. a. The state board of higher education consists of eight members. The governor shall appoint seven members who are qualified electors and taxpayers of the state, and who have resided in this state for not less than five years immediately preceding their appointments. These seven appointments are subject to confirmation by the senate. The governor shall appoint as the eighth member of the board a full-time resident student in good academic standing at an institution under the jurisdiction of the state board. Except for the student member, no more than one graduate of any institution under the jurisdiction of the state board of higher education may serve on the board at any one time. Except for the student member, no person employed by any institution under the control of the board shall serve as a member of the board, and no employee of any such institution may be eligible for membership on the state board of higher education for a period of two years following the termination of employment. The governor shall nominate from a list of three names for each position, selected by the unanimous action of the president of the North Dakota education association, the chief justice of the supreme court, and the superintendent of public instruction, and, with the consent of a majority of the members- elect of the senate, shall appoint from the list to the state board of higher education seven members. The term of office of members appointed to fill vacancies at the expiration of said terms shall be for seven years, and in the case of vacancies otherwise arising, appointments shall be made only for the balance of the term of the members whose places are to be filled. b. In the event any nomination made by the governor is not consented to and confirmed by the senate, the governor shall again nominate a candidate, selected from a new list. The nomination shall be submitted to the senate for confirmation, and the proceedings shall continue until an appointee has been confirmed by the senate, or the session of the legislature has adjourned. c. If a term expires or a vacancy occurs when the legislature is not in session, the governor may appoint from a list selected as provided, a member who shall serve until the opening of the next session of the legislature, at which time the appointment must be certified to the senate for confirmation. If the appointee is not confirmed by the thirtieth legislative day of the session, the office shall be deemed vacant and the governor shall nominate another candidate for the office. The same proceedings shall be followed as are set forth in this section. If the legislature is in session at any time within six months prior to the date of the expiration of the term of any member, the governor shall nominate a successor from a list selected as above set forth, within the first thirty days of the session, and upon confirmation by the senate the successor shall take office at the expiration of the incumbent's term. No person who has been nominated and whose nomination the senate has failed to confirm is eligible for an interim appointment. On or before July first of each year, beginning in 1995, the governor shall appoint a student member from a list of names recommended by the executive board of the North Dakota student association for a term of one year, beginning on July first. A student member may not serve more than two consecutive terms. 3. The members of the state board of higher education may only be removed by impeachment for the offenses and in the manner and according to the procedure provided for the removal of the governor by impeachment proceedings. 4. Each appointive member of the state board of higher education, except the student member, shall receive compensation set by the legislative assembly for the time actually spent devoted to the duties of the member's office. All members shall receive necessary expenses in the same manner and amounts as other state officials for attending meetings and performing other functions of their office. 5. The legislature shall provide adequate funds for the proper carrying out of the functions and duties of the state board of higher education. 6. a. The state board of higher education shall hold its first meeting at the office of the state board of administration at Bismarck, on the 6th day of July, 1939, and shall organize and elect one of its members as president of such board for a term of one year. It shall also at said meeting, or as soon thereafter as may be practicable, elect a competent person as secretary, who shall reside during his term of office in the city of Bismarck, North Dakota. Said secretary shall hold office at the will of the board. As soon as said board is established and organized, it shall assume all the powers and perform all the duties now conferred by law upon the board of administration in connection with the several institutions hereinbefore mentioned, and the said board of administration shall immediately upon the organization of said state board of higher education, surrender and transfer to said state board of higher education all duties, rights, and powers granted to it under the existing laws of this state concerning the institutions hereinbefore mentioned, together with all property, deeds, records, reports, and appurtenances of every kind belonging or appertaining to said institutions. b. The said state board of higher education shall have full authority over the institutions under its control with the right, among its other powers, to prescribe, limit, or modify the courses offered at the several institutions. In furtherance of its powers, the state board of higher education shall have the power to delegate to its employees details of the administration of the institutions under its control. The said state board of higher education shall have full authority to organize or reorganize within constitutional and statutory limitations, the work of each institution under its control, and do each and everything necessary and proper for the efficient and economic administration of said state educational institutions. c. Said board shall prescribe for all of said institutions standard systems of accounts and records and shall biennially, and within six (6) months immediately preceding the regular session of the legislature, make a report to the governor, covering in detail the operations of the educational institutions under its control. d. It shall be the duty of the heads of the several state institutions hereinbefore mentioned, to submit the budget requests for the biennial appropriations for said institutions to said state board of higher education; and said state board of higher education shall consider said budgets and shall revise the same as in its judgment shall be for the best interests of the educational system of the state; and thereafter the state board of higher education shall prepare and present to the state budget board and to the legislature a single unified budget covering the needs of all the institutions under its control. "Said budget shall be prepared and presented by the board of administration until the state board of higher education organizes as provided in subsection 6a." The appropriations for all of said institutions shall be contained in one legislative measure. The budgets and appropriation measures for the agricultural experiment stations and their substations and the extension division of the North Dakota state university of agriculture and applied science may be separate from those of state educational institutions. e. The said state board of higher education shall have the control of the expenditure of the funds belonging to, and allocated to such institutions and also those appropriated by the legislature, for the institutions of higher education in this state; provided, however, that funds appropriated by the legislature and specifically designated for any one or more of such institutions, shall not be used for any other institution. 7. a. The state board of higher education shall, as soon as practicable, appoint for a term of not to exceed three (3) years, a state commissioner of higher education, whose principal office shall be at the state capitol, in the city of Bismarck. Said commissioner of higher education shall be responsible to the state board of higher education and shall be removable by said board for cause. b. The state commissioner of higher education shall be a graduate of some reputable college or university, and who by training and experience is familiar with the problems peculiar to higher education. c. Such commissioner of higher education shall be the chief executive officer of said state board of higher education, and shall perform such duties as shall be prescribed by the board. 8. This constitutional provision shall be self-executing and shall become effective without the necessity of legislative action. [Approved November 8, 1994] *** MEND *** *** MSTART 085 006.0 008.0 0 ND 1981 1996 *** SEC. 6. 1. A board of higher education, to be officially known as the state board of higher education, is hereby created for the control and administration of the following state educational institutions, to wit: a. The state university and school of mines, at Grand Forks, with their substations. b. The state agricultural college and experiment station, at Fargo, with their substations. c. The school of science, at Wahpeton. d. The state normal schools and teachers colleges, at Valley City, Mayville, Minot, and Dickinson. e. The school of forestry, at Bottineau. f. And such other state institutions of higher education as may hereafter be established. 2. a. The state board of higher education consists of eight members. The governor shall appoint seven members who are qualified electors and taxpayers of the state, and who have resided in this state for not less than five years immediately preceding their appointments. These seven appointments are subject to confirmation by the senate. The governor shall appoint as the eighth member of the board a full-time resident student in good academic standing at an institution under the jurisdiction of the state board. Except for the student member, no more than two persons holding a bachelor's degree from a particular institution under the jurisdiction of the state board of higher education may serve on the board at any one time. Except for the student member, no person employed by any institution under the control of the board shall serve as a member of the board and no employee of any such institution may be eligible for membership on the state board of higher education for a period of two years following the termination of employment. The governor shall nominate from a list of three names for each position, selected by action of four of the following five persons: the president of the North Dakota education association, the chief justice of the supreme court, the superintendent of public instruction, the president pro tempore of the senate, and the speaker of the house of representatives and, with the consent of a majority of the members-elect of the senate, shall appoint from the list to the state board of higher education seven members. The governor shall ensure that the board membership is maintained in a balanced and representative manner. The term of office of members appointed to fill vacancies at the expiration of said terms shall be for four years, and in the case of vacancies otherwise arising, appointments shall be made only for the balance of the term of the members whose places are to be filled. A member may not be appointed to serve for more than two terms. If a member is appointed to fill a vacancy and serves two or more years of that term, the member is deemed to have served one full term. b. In the event any nomination made by the governor is not consented to and confirmed by the senate, the governor shall again nominate a candidate selected from a new list. The nomination shall be submitted to the senate for confirmation and the proceedings shall continue until an appointee has been confirmed by the senate or the session of the legislature has adjourned. c. If a term expires or a vacancy occurs when the legislature is not in session, the governor may appoint from a list selected as provided, a member who shall serve until the opening of the next session of the legislature, at which time the appointment must be certified to the senate for confirmation. If the appointee is not confirmed by the thirtieth legislative day of the session, the office shall be deemed vacant and the governor shall nominate another candidate for the office. The same proceedings shall be followed as are set forth in this section. If the legislature is in session at any time within six months prior to the date of the expiration of the term of any member, the governor shall nominate a successor from a list selected as above set forth, within the first thirty days of the session and upon confirmation by the senate the successor shall take office at the expiration of the incumbent's term. No person who has been nominated and whose nomination the senate has failed to confirm is eligible for an interim appointment. On or before July first of each year, beginning in 1995, the governor shall appoint a student member from a list of names recommended by the executive board of the North Dakota student association for a term of one year, beginning on July first. A student member may not serve more than two consecutive terms. 3. The members of the state board of higher education may only be removed by impeachment for the offenses and in the manner and according to the procedure provided for the removal of the governor by impeachment proceedings. 4. Each appointive member of the state board of higher education, except the student member, shall receive compensation set by the legislative assembly for the time actually spent devoted to the duties of the member's office. All members shall receive necessary expenses in the same manner and amounts as other state officials for attending meetings and performing other functions of their office. 5. The legislature shall provide adequate funds for the proper carrying out of the functions and duties of the state board of higher education. 6. a. The state board of higher education shall hold its first meeting at the office of the state board of administration at Bismarck, on the 6th day of July, 1939, and shall organize and elect one of its members as president of such board for a term of one year. It shall also at said meeting, or as soon thereafter as may be practicable, elect a competent person as secretary, who shall reside during his term of office in the city of Bismarck, North Dakota. Said secretary shall hold office at the will of the board. As soon as said board is established and organized, it shall assume all the powers and perform all the duties now conferred by law upon the board of administration in connection with the several institutions hereinbefore mentioned, and the said board of administration shall immediately upon the organization of said state board of higher education, surrender and transfer to said state board of higher education all duties, rights, and powers granted to it under the existing laws of this state concerning the institutions hereinbefore mentioned, together with all property, deeds, records, reports, and appurtenances of every kind belonging or appertaining to said institutions. b. The said state board of higher education shall have full authority over the institutions under its control with the right, among its other powers, to prescribe, limit, or modify the courses offered at the several institutions. In furtherance of its powers, the state board of higher education shall have the power to delegate to its employees details of the administration of the institutions under its control. The said state board of higher education shall have full authority to organize or reorganize within constitutional and statutory limitations, the work of each institution under its control, and do each and everything necessary and proper for the efficient and economic administration of said state educational institutions. c. Said board shall prescribe for all of said institutions standard systems of accounts and records and shall biennially, and within six (6) months immediately preceding the regular session of the legislature, make a report to the governor, covering in detail the operations of the educational institutions under its control. d. It shall be the duty of the heads of the several state institutions hereinbefore mentioned, to submit the budget requests for the biennial appropriations for said institutions to said state board of higher education; and said state board of higher education shall consider said budgets and shall revise the same as in its judgment shall be for the best interests of the educational system of the state; and thereafter the state board of higher education shall prepare and present to the state budget board and to the legislature a single unified budget covering the needs of all the institutions under its control. "Said budget shall be prepared and presented by the board of administration until the state board of higher education organizes as provided in subsection 6a." The appropriations for all of said institutions shall be contained in one legislative measure. The budgets and appropriation measures for the agricultural experiment stations and their substations and the extension division of the North Dakota state university of agriculture and applied science may be separate from those of state educational institutions. e. The said state board of higher education shall have the control of the expenditure of the funds belonging to, and allocated to such institutions and also those appropriated by the legislature, for the institutions of higher education in this state; provided, however, that funds appropriated by the legislature and specifically designated for any one or more of such institutions, shall not be used for any other institution. 7. a. The state board of higher education shall, as soon as practicable, appoint for a term of not to exceed three (3) years, a state commissioner of higher education, whose principal office shall be at the state capitol, in the city of Bismarck. Said commissioner of higher education shall be responsible to the state board of higher education and shall be removable by said board for cause. b. The state commissioner of higher education shall be a graduate of some reputable college or university, and who by training and experience is familiar with the problems peculiar to higher education. c. Such commissioner of higher education shall be the chief executive officer of said state board of higher education, and shall perform such duties as shall be prescribed by the board. 8. This constitutional provision shall be self-executing and shall become effective without the necessity of legislative action. [Approved November 5, 1996] *** MEND *** *** MSTART 086 006.0 008.0 0 ND 1981 2000 *** SEC. 6. 1. A board of higher education, to be officially known as the state board of higher education, is hereby created for the control and administration of the following state educational institutions, to wit: a. The state university and school of mines, at Grand Forks, with their substations. b. The state agricultural college and experiment station, at Fargo, with their substations. c. The school of science, at Wahpeton. d. The state normal schools and teachers colleges, at Valley City, Mayville, Minot, and Dickinson. e. The school of forestry, at Bottineau. f. And such other state institutions of higher education as may hereafter be established. 2. a. The state board of higher education consists of eight members. The governor shall appoint seven members who are qualified electors and taxpayers of the state, and who have resided in this state for not less than five years immediately preceding their appointments. These seven appointments are subject to confirmation by the senate. The governor shall appoint as the eighth member of the board a full-time resident student in good academic standing at an institution under the jurisdiction of the state board. Except for the student member, no more than two persons holding a bachelor's degree from a particular institution under the jurisdiction of the state board of higher education may serve on the board at any one time. Except for the student member, no person employed by any institution under the control of the board shall serve as a member of the board and no employee of any such institution may be eligible for membership on the state board of higher education for a period of two years following the termination of employment. The governor shall nominate from a list of three names for each position, selected by action of four of the following five persons: the president of the North Dakota education association, the chief justice of the supreme court, the superintendent of public instruction, the president pro tempore of the senate, and the speaker of the house of representatives and, with the consent of a majority of the members-elect of the senate, shall appoint from the list to the state board of higher education seven members. The governor shall ensure that the board membership is maintained in a balanced and representative manner. The term of office of members appointed to fill vacancies at the expiration of said terms shall be for four years, and in the case of vacancies otherwise arising, appointments shall be made only for the balance of the term of the members whose places are to be filled. A member may not be appointed to serve for more than two terms. If a member is appointed to fill a vacancy and serves two or more years of that term, the member is deemed to have served one full term. b. In the event any nomination made by the governor is not consented to and confirmed by the senate, the governor shall again nominate a candidate selected from a new list. The nomination shall be submitted to the senate for confirmation and the proceedings shall continue until an appointee has been confirmed by the senate or the session of the legislature has adjourned. c. If a term expires or a vacancy occurs when the legislature is not in session, the governor may appoint from a list selected as provided, a member who shall serve until the opening of the next session of the legislature, at which time the appointment must be certified to the senate for confirmation. If the appointee is not confirmed by the thirtieth legislative day of the session, the office shall be deemed vacant and the governor shall nominate another candidate for the office. The same proceedings shall be followed as are set forth in this section. If the legislature is in session at any time within six months prior to the date of the expiration of the term of any member, the governor shall nominate a successor from a list selected as above set forth, within the first thirty days of the session and upon confirmation by the senate the successor shall take office at the expiration of the incumbent's term. No person who has been nominated and whose nomination the senate has failed to confirm is eligible for an interim appointment. On or before July first of each year, beginning in 1995, the governor shall appoint a student member from a list of names recommended by the executive board of the North Dakota student association for a term of one year, beginning on July first. A student member may not serve more than two consecutive terms. 3. The members of the state board of higher education may only be removed by impeachment for the offenses and in the manner and according to the procedure provided for the removal of the governor by impeachment proceedings. 4. Each appointive member of the state board of higher education, except the student member, shall receive compensation set by the legislative assembly for the time actually spent devoted to the duties of the member's office. All members shall receive necessary expenses in the same manner and amounts as other state officials for attending meetings and performing other functions of their office. 5. The legislature shall provide adequate funds for the proper carrying out of the functions and duties of the state board of higher education. 6. a. The state board of higher education shall hold its first meeting at the office of the state board of administration at Bismarck, on the 6th day of July, 1939, and shall organize and elect one of its members as president of such board for a term of one year. It shall also at said meeting, or as soon thereafter as may be practicable, elect a competent person as secretary, who shall reside during his term of office in the city of Bismarck, North Dakota. Said secretary shall hold office at the will of the board. As soon as said board is established and organized, it shall assume all the powers and perform all the duties now conferred by law upon the board of administration in connection with the several institutions hereinbefore mentioned, and the said board of administration shall immediately upon the organization of said state board of higher education, surrender and transfer to said state board of higher education all duties, rights, and powers granted to it under the existing laws of this state concerning the institutions hereinbefore mentioned, together with all property, deeds, records, reports, and appurtenances of every kind belonging or appertaining to said institutions. b. The said state board of higher education shall have full authority over the institutions under its control with the right, among its other powers, to prescribe, limit, or modify the courses offered at the several institutions. In furtherance of its powers, the state board of higher education shall have the power to delegate to its employees details of the administration of the institutions under its control. The said state board of higher education shall have full authority to organize or reorganize within constitutional and statutory limitations, the work of each institution under its control, and do each and everything necessary and proper for the efficient and economic administration of said state educational institutions. c. Said board shall prescribe for all of said institutions standard systems of accounts and records and shall biennially, and within six (6) months immediately preceding the regular session of the legislature, make a report to the governor, covering in detail the operations of the educational institutions under its control. d. It shall be the duty of the heads of the several state institutions hereinbefore mentioned, to submit the budget requests for the biennial appropriations for said institutions to said state board of higher education; and said state board of higher education shall consider said budgets and shall revise the same as in its judgment shall be for the best interests of the educational system of the state; and thereafter the state board of higher education shall prepare and present to the state budget board and to the legislature a single unified budget covering the needs of all the institutions under its control. "Said budget shall be prepared and presented by the board of administration until the state board of higher education organizes as provided in subsection 6a." The appropriations for all of said institutions shall be contained in one legislative measure. The budgets and appropriation measures for the agricultural experiment stations and their substations and the extension division of the North Dakota state university of agriculture and applied science may be separate from those of state educational institutions. e. The said state board of higher education shall have the control of the expenditure of the funds belonging to, and allocated to such institutions and also those appropriated by the legislature, for the institutions of higher education in this state; provided, however, that funds appropriated by the legislature and specifically designated for any one or more of such institutions, shall not be used for any other institution. 7. a. The state board of higher education shall, as soon as practicable, appoint for a term of not to exceed three (3) years, a state commissioner of higher education, whose principal office shall be at the state capitol, in the city of Bismarck. Said commissioner of higher education shall be responsible to the state board of higher education and shall be removable by said board for cause. b. The state commissioner of higher education shall be a graduate of some reputable college or university, and who by training and experience is familiar with the problems peculiar to higher education. c. Such commissioner of higher education shall be the chief executive officer of said state board of higher education, and shall perform such duties as shall be prescribed by the board. 8. This constitutional provision shall be self-executing and shall become effective without the necessity of legislative action. [Approved June 13, 2000] *** MEND *** *** MSTART 087 001.0 009.0 0 ND 1981 1982 *** SECTION 1. All proceeds of the public lands that have heretofore been, or may hereafter be granted by the United States for the support of the common schools in this state; all such per centum as may be granted by the United States on the sale of public lands; the proceeds of property that shall fall to the state by escheat; all gifts, donations, or the proceeds thereof that come to the state for support of the common schools, or not otherwise appropriated by the terms of the gift, and all other property otherwise acquired for common schools, shall be and remain a perpetual trust fund for the maintenance of the common schools of the state. Only the interest and income of the fund may be expended and the principal shall be retained and devoted to the trust purpose. All property, real or personal, received by the state from whatever source, for any specific educational or charitable institution, unless otherwise designated by the donor, shall be and remain a perpetual trust fund for the creation and maintenance of such institution, and may be commingled only with similar funds for the same institution. Should a gift be made to an institution for a specific purpose, without designating a trustee, such gift may be placed in the institution's fund; provided that such a donation may be expended as the terms of the gift provide. The interest and income of each institutional trust fund held by the state shall, unless otherwise specified by the donor, be appropriated by the legislative assembly to the exclusive use of the institution for which the funds were given. The proceeds of all bonuses, or similar payments, made upon the leasing of coal, gas, oil, or any other mineral interests under, or reserved after sale of, grant lands for the common schools or institutional lands shall be deposited in the appropriate permanent trust fund as created by this section. [Approved June 8, 1982] *** MEND *** *** MSTART 088 002.0 009.0 0 ND 1981 1982 *** SEC. 2. The interest and income of this fund together with the net proceeds of all fines for violation of state laws and all other sums which may be added thereto by law, shall be faithfully used and applied each year for the benefit of the common schools of the state and no part of the fund shall ever be diverted, even temporarily, from this purpose or used for any other purpose whatever than the maintenance of common schools as provided by law. [Approved June 8, 1982] *** MEND *** *** MSTART 089 003.0 009.0 0 ND 1981 1986 *** SEC. 3. The superintendent of public instruction, governor, attorney general, secretary of state and state treasurer comprise a board of commissioners, to be denominated the "board of university and school lands." Subject to the provisions of this article and any law that may be passed by the legislative assembly, the board has control of the appraisement, sale, rental, and disposal of all school and university lands, and the proceeds from the sale of such lands shall be invested as provided by law. [Approved June 10, 1986] *** MEND *** *** MSTART 090 004.0 009.0 0 ND 1981 1984 *** SEC. 4. The public officers designated by law shall constitute boards of appraisal and under the authority of the state board of university and school lands shall appraise all school lands within their respective counties which they may from time to time recommend for sale at their actual value under the prescribed terms and shall first select and designate for sale the most valuable lands. [Approved June 12, 1984] *** MEND *** *** MSTART 091 006.0 009.0 0 ND 1981 1986 *** SEC. 6. No original grant school or institutional land shall be sold for less than the fair market value thereof, and in no case for less than ten dollars ($10.00) per acre, provided that when lands have been sold on contract and the contract has been canceled, such lands may be resold without reappraisement by the board of appraisal. The purchaser shall pay twenty (20) percent of the purchase price at the time the contract is executed; thereafter annual payments shall be made of not less than six (6) percent of the original purchase price. An amount equal to not less than three (3) percent per annum of the unpaid principal shall be credited to interest and the balance shall be applied as payment on principal as credit on purchase price. The purchaser may pay all or any installment or installments not yet due to any interest paying date. If the purchaser so desires, he may pay the entire balance due on his contract with interest to date of payment at any time and he will then be entitled to proper conveyance. All sales shall be held at the county seat of the county in which the land to be sold is situated, and shall be at public auction and to the highest bidder, and notice of such sale shall be published once each week for a period of three weeks prior to the day of sale in a legal newspaper published nearest the land and in the newspaper designated for the publication of the official proceedings and legal notices within the county in which said land is situated. No grant or patent for such lands shall issue until payment is made for the same; provided that the land contracted to be sold by the state shall be subject to taxation from the date of the contract. In case the taxes assessed against any of said lands for any year remain unpaid until the first Monday in October of the following year, the contract of sale for such land shall, if the board of university and school lands so determine, by it, be declared null and void. No contract of sale heretofore made under the provisions of this section of the constitution as then providing shall be affected by this amendment, except prepayment of principal may be made as herein provided. Any of said lands that may be required for townsite purposes, schoolhouse sites, church sites, cemetery sites, sites for other educational or charitable institutions, public parks, airplane landing fields, fairgrounds, public highways, railroad right of way, or other railroad uses and purposes, reservoirs for the storage of water for irrigation, irrigation canals, and ditches, drainage ditches, or for any of the purposes for which private lands may be taken under the right of eminent domain under the constitution and laws of this state, may be sold under the provisions of this article, and shall be paid for in full at the time of sale, or at any time thereafter as herein provided. Any of said lands and any other lands controlled by the board of university and school lands, including state coal mineral interests, may, with the approval of said board, be exchanged for lands and coal mineral interests of the United States, the state of North Dakota or any county or municipality thereof as the legislature may provide, and the lands so acquired shall be subject to the trust to which the lands exchanged therefor were subject, and the state shall reserve all mineral and water power rights in land so transferred, except coal mineral interests approved for exchange by the board of university and school lands under this section. When any of said lands have been heretofore or may be hereafter sold on contract, and the purchaser or his heirs or assigns is unable to pay in full for the land purchased within twenty years after the date of purchase and such contract is in default and subject to being declared null and void as by law provided, the board of university and school lands may, after declaring such contract null and void, resell the land described in such contract to such purchaser, his heirs or assigns, for the amount of the unpaid principal, together with interest thereon reckoned to the date of such resale at the rate of not less than three (3%) percent, but in no case shall the resale price be more than the original sale price; such contract of resale shall be upon the terms herein provided, provided this section shall be deemed self-executing insofar as the provisions for resale herein made are concerned. [Approved June 10, 1986] *** MEND *** *** MSTART 092 007.0 009.0 0 ND 1981 1982 *** SEC. 7. All lands received by the state for any specific educational or charitable institution shall be appraised and sold in the same manner and under the same limitations and subject to all the conditions as to price and sale as provided in this constitution for the appraisal and sale of lands for the benefit of common schools. However, a distinct and separate account shall be kept by the proper officers of each of said funds and the limitations as to the time in which school land may be sold shall apply only to lands granted for the support of common schools. [Approved November 2, 1982] *** MEND *** *** MSTART 093 010.0 009.0 0 ND 1981 1982 *** SEC. 10. The legislative assembly may provide by law for the sale or disposal of all public lands that have been, or may hereafter be granted by the United States to the state for purposes other than set forth in article IX, section 1. The legislative assembly in providing for the appraisal, sale, rental, and disposal of the same shall not be subject to the provisions and limitations of article IX, sections 1 through 11. [Approved November 2, 1982] *** MEND *** *** MSTART 094 013.0 009.0 0 ND 1981 1982 *** SEC. 13. The following public institutions are located as provided, each to have so much of the remaining grant of one hundred seventy thousand acres of land made by the United States for "other educational and charitable institutions" as is allotted by law: 1. A soldiers' home, when located, or such other charitable institution as the legislative assembly may determine, at the city of Lisbon in the county of Ransom, with a grant of forty thousand acres of land. 2. The school for the blind at the city of Grand Forks in the county of Grand Forks or at such other location as may be determined by the legislative assembly to be in the best interests of the students of such institution and the state of North Dakota. 3. A school of forestry, or such other institution as the legislative assembly may determine, at such place in one of the counties of McHenry, Ward, Bottineau, or Rolette, as the electors of said counties may determine by an election for that purpose, to be held as provided by the legislative assembly. 4. A school of science or such other educational or charitable institution as the legislative assembly may prescribe, at the city of Wahpeton in the county of Richland, with a grant of forty thousand acres. 5. A state college at the city of Minot in the county of Ward. 6. A state college at the city of Dickinson in the county of Stark. 7. A state hospital for the mentally ill at such place within this state as shall be selected by the legislative assembly. No other institution of a character similar to any one of those located by article IX, section 12, or this section shall be established or maintained without an amendment of this constitution. [Approved November 2, 1982] *** MEND *** *** MSTART 095 005.0 010.0 0 ND 1981 1988 *** SEC. 5. Taxes shall be uniform upon the same class of property including franchises within the territorial limits of the authority levying the tax. The legislative assembly may by law exempt any or all classes of personal property from taxation and within the meaning of this section, fixtures, buildings and improvements of every character, whatsoever, upon land shall be deemed personal property. The property of the United States, to the extent immunity from taxation has not been waived by an act of Congress, property of the state, county, and municipal corporations, to the extent immunity from taxation has not been waived by an act of the legislative assembly, and property used exclusively for schools, religious, cemetery, charitable or other public purposes shall be exempt from taxation. Except as restricted by this article, the legislative assembly may provide for raising revenue and fixing the situs of all property for the purpose of taxation. Provided that all taxes and exemptions in force when this amendment is adopted shall remain in force until otherwise provided by statute. [Approved November 8, 1988] *** MEND *** *** MSTART 096 005.0 010.0 0 ND 1981 2002 *** SEC. 5. Taxes shall be uniform upon the same class of property including franchises within the territorial limits of the authority levying the tax. The legislative assembly may by law exempt any or all classes of personal property from taxation and within the meaning of this section, fixtures, buildings and improvements of every character, whatsoever, upon land shall be deemed personal property. The property of the United States, to the extent immunity from taxation has not been waived by an act of Congress, property of the state, county, and municipal corporations, to the extent immunity from taxation has not been waived by an act of the legislative assembly, and property used exclusively for schools, religious, cemetery, charitable or other public purposes shall be exempt from taxation. Real property used for conservation or wildlife purposes is not exempt from taxation unless an exemption is provided by the legislative assembly. Except as restricted by this article, the legislative assembly may provide for raising revenue and fixing the situs of all property for the purpose of taxation. Provided that all taxes and exemptions in force when this amendment is adopted shall remain in force until otherwise provided by statute. [Approved November 5, 2002] *** MEND *** *** MSTART 097 009.0 010.0 0 ND 1981 1982 *** SEC. 9. The legislative assembly may provide for the levy of a tax upon lands within the state for the purpose of creating a fund to insure the owners of growing crops against losses by hail. The legislative assembly may classify lands within the state, and divide the state into districts on such basis as shall seem just and necessary, and may vary the tax rates in such districts in accordance with the risk, in order to secure an equitable distribution of the burden of the tax among the owners of such lands. [Approved November 2, 1982] *** MEND *** *** MSTART 099 017.0 010.0 0 ND 1981 1984 *** SEC. 17. No bond or evidence of indebtedness of the state is valid unless it has endorsed thereon a certificate, signed by the auditor and secretary of state showing that the bond or evidence of debt is issued pursuant to law and is within the debt limit. No bond or evidence of debt of any county, or bond of any township or other political subdivision is valid unless it has endorsed thereon a certificate signed by the officer authorized by law to sign such certificate, stating that said bond or evidence of debt is issued pursuant to law and is within the debt limit. [Approved June 12, 1984] *** MEND *** *** MSTART 099 021.0 010.0 0 ND 1981 1990 *** SEC. 21. Not less than fifteen percent of the tax imposed for severing coal shall be placed into a permanent trust fund in the state treasury to be held in trust and administered by the board of university and school lands, which shall have full authority to invest said trust funds as provided by law, and may loan moneys from the fund to political subdivisions as provided by law. The interest earned on the moneys in said trust fund shall be used first to replace uncollectable loans made from the fund, and the balance shall be credited to the general fund of the state. Up to fifty percent of the taxes collected and deposited in the permanent trust fund during a biennium may be appropriated by the legislative assembly for lignite research, development, and marketing as provided by law. [Approved June 12, 1990; effective July 1, 1990] *** MEND *** *** MSTART 100 021.0 010.0 0 ND 1981 1994 *** SEC. 21. Not less than fifteen percent of the tax imposed for severing coal shall be placed into a permanent trust fund in the state treasury to be held in trust and administered by the board of university and school lands, which shall have full authority to invest said trust funds as provided by law, and may loan moneys from the fund to political subdivisions as provided by law. The interest earned on the moneys in said trust fund shall be used first to replace uncollectable loans made from the fund, and the balance shall be credited to the general fund of the state. Up to fifty percent of the taxes collected and deposited in the permanent trust fund during a biennium may be appropriated by the legislative assembly for lignite research, development, and marketing as provided by law. An additional twenty percent of the taxes collected and deposited in the permanent trust fund during a biennium may be appropriated by the legislative assembly for clean coal demonstration projects approved by the industrial commission. [Approved June 14, 1994] *** MEND *** *** MSTART 101 022.0 010.0 0 ND 1981 1990 *** SEC. 22. The legislative assembly may provide by law for a percentage of revenue from taxes imposed on the extraction or production of oil to be allocated and credited to a special trust fund, to be known as the resources trust fund. The principal and income of the resources trust fund may be expended only pursuant to legislative appropriation for: 1. Constructing water-related projects, including rural water systems; and 2. Funding of programs for energy conservation. [Approved June 12, 1990; effective July 1, 1991] *** MEND *** *** MSTART 102 023.0 010.0 0 ND 1981 1992 *** SEC. 23. The legislative assembly may provide for the payment of adjusted compensation to North Dakota residents who were members of the regular active duty armed forces and who served in the Persian Gulf theatre or in the Grenada, Lebanon, or Panama areas of armed conflict as designated by the President of the United States or to heirs of North Dakota residents who were members of the regular active duty armed forces and who died while on orders to or from the Persian Gulf theatre or in the Grenada, Lebanon, or Panama areas of armed conflict as designated by the President of the United States. The legislative assembly may provide a direct appropriation or provide for the issuance, sale, and delivery of bonds of the state of North Dakota in such principal amounts as determined by the legislative assembly to be necessary for the payment of adjusted compensation under this section. Adjusted compensation under this section may be paid at such rates, terms of service, and conditions as the legislative assembly provides. [Approved June 9, 1992] *** MEND *** *** MSTART 103 024.0 010.0 0 ND 1981 1994 *** SEC. 24. Twenty percent of the revenue from oil extraction taxes from taxable oil produced in this state must be allocated as follows: 1. Fifty percent must be deposited in the common schools trust fund. 2. Fifty percent must be deposited in the foundation aid stabilization fund in the state treasury, the interest income of which must be transferred to the state general fund on July first of each year. The principal of the foundation aid stabilization fund may be expended only upon order of the governor, who may direct such a transfer only to offset foundation aid reductions that were made by executive action pursuant to law due to a revenue shortage. [Approved November 8, 1994] *** MEND *** *** MSTART 104 025.0 010.0 0 ND 1981 1996 *** SEC. 25. The veterans' postwar trust fund shall be a permanent trust fund of the state of North Dakota and shall consist of moneys transferred or credited to the fund as authorized by legislative enactment. Investment of the fund shall be the responsibility of the state treasurer who shall have full authority to invest the fund only in the same manner as the state investment board is authorized to make investments. All income received from investments is to be utilized for programs which must be of benefit and service to veterans, who are defined by legislative enactment, or their dependents, and such income is hereby appropriated to the administrative committee on veterans' affairs on a continuing basis for expenditure upon those programs selected at the discretion of the administrative committee on veterans' affairs. [Approved November 5, 1996] *** MEND *** *** MSTART 105 025.0 011.0 0 ND 1981 2002 *** SEC. 25. The legislative assembly shall not authorize any game of chance, lottery, or gift enterprises, under any pretense, or for any purpose whatever. However, the legislative assembly shall authorize the state of North Dakota to join a multi-state lottery for the benefit of the state of North Dakota, and, the legislative assembly may authorize by law bona fide nonprofit veterans', charitable, educational, religious, or fraternal organizations, civic and service clubs, or such other public-spirited organizations as it may recognize, to conduct games of chance when the entire net proceeds of such games of chance are to be devoted to educational, charitable, patriotic, fraternal, religious, or other public-spirited uses. [Approved November 5, 2002] *** MEND *** *** MSTART 106 026.0 011.0 0 ND 1981 1982 *** SEC. 26. The legislative, executive, and judicial branches are coequal branches of government. Elected members and officials of each branch shall receive as compensation for their services only such amounts as may be specifically set by law. Payment for necessary expenses shall not exceed those allowed for other state employees. [Approved June 8, 1982] *** MEND *** *** MSTART 107 027.0 011.0 0 ND 1981 2000 *** SEC. 27. Hunting, trapping, and fishing and the taking of game and fish are a valued part of our heritage and will be forever preserved for the people and managed by law and regulation for the public good. [Approved November 7, 2000] *** MEND *** *** MSTART 108 001.0 013.0 0 ND 1981 1996 *** SECTION 1. Perfect toleration of religious sentiment must be secured, and no inhabitant of this state may ever be molested in person or property on account of that person's mode of religious worship. [Approved June 11, 1996] *** MEND *** *** MSTART 109 002.0 013.0 0 ND 1981 1996 *** SEC. 2. Jurisdiction is ceded to the United States over the military reservations of Fort Abraham Lincoln, Fort Buford, Fort Pembina, and Fort Totten, heretofore declared by the president of the United States; provided, legal process, civil and criminal, of this state, extends over those reservations in all cases in which exclusive jurisdiction is not vested in the United States, or of crimes not committed within the limits of those reservations. The legislative assembly may provide, upon the terms and conditions it adopts, for the acceptance of any jurisdiction as may be delegated to the state by act of Congress. [Approved June 11, 1996] *** MEND *** *** MSTART 110 004.0 013.0 0 ND 1981 1996 *** SEC. 4. All other provisions of the Enabling Act of Congress approved on February 22, 1889, 25 United States Statutes at Large 676, chapter 180, and section 1 of this article of the Constitution of North Dakota, as section 1 existed immediately before the adoption of this section, are continued in effect as though fully recited and continue to be irrevocable without the consent of the United States and the people of this state. [Approved June 11, 1996] *** MEND *** *** CEND ***