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-Section 6.
-. 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.
-. 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.
-. 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.
-. 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.
-. The  legislature  shall  provide  adequate  funds  for  the  proper  carrying  out  of  the
-functions and duties of the state board of higher education.
-. 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.
-. 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.
-. This  constitutional  provision  shall  be  self-executing  and  shall  become  effective
-without the necessity of legislative action.