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date:1984-07-12

Constitution of North Dakota.

PREAMBLE.

We, the people of North Dakota, grateful to Almighty God for the blessings of civil and religious liberty, do ordain and establish this Constitution.

ARTICLE I. DECLARATION OF RIGHTS.

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.

Section 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.

Section 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.

[Renumbered. Formerly Sec. 4]

Section 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.

[Renumbered. Formerly Sec. 9]

Section 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.

[Renumbered. Formerly Sec. 10]

Section 6.

Neither slavery nor involuntary servitude, unless for the punishment of crime, shall ever be tolerated in this state.

[Renumbered. Formerly Sec. 17]

Section 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.

[Renumbered. Formerly Sec. 23]

Section 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.

[Renumbered. Formerly Sec. 18]

Section 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.

[Renumbered. Formerly Sec. 22]

Section 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.

[Renumbered. Formerly Sec. 8]

Section 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.

[Renumbered. Formerly Sec. 6]

Section 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.

[Renumbered. Formerly Sec. 13]

Section 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.

[ Amended Sep. 3, 1974, effective Jul. 1, 1975 ]

[Renumbered. Formerly Sec. 7]

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.

[Renumbered. Formerly Sec. 5]

Section 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.

Section 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.

[ Amended Jun. 26, 1956, effective Jul. 26, 1956]

[Renumbered. Formerly Sec. 14]

[ Amended Nov. 2, 1982, effective Dec. 2, 1982 ]

Section 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.

[Renumbered. Formerly Sec. 19]

Section 18.

No bill of attainder, ex post facto law, or law impairing the obligations of contracts shall ever be passed.

[Renumbered. Formerly Sec. 16]

Section 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.

[Renumbered. Formerly Sec. 12]

Section 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.

[Renumbered. Formerly Sec. 24]

Section 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.

[Renumbered. Formerly Sec. 20]

Section 22.

All laws of a general nature shall have a uniform operation.

[Renumbered. Formerly Sec. 22]

Section 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.

[Renumbered. Formerly Sec. 3]

Section 24.

The provisions of this constitution are mandatory and prohibitory unless, by express words, they are declared to be otherwise.

[Renumbered. Formerly Sec. 21]

ARTICLE II. ELECTIVE FRANCHISE.

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.

[ Amended Nov. 8, 1898, effective Dec. 8, 1898 ]

[ Approved Nov. 2, 1920, effective Dec. 2, 1920 ]

[ S.B. 57, 1921, Approved Jun. 28, 1922, effective Jul. 28, 1922 ]

Amended Jun. 24, 1958, effective Jul. 24, 1958]

[ Amended Nov. 7, 1978, effective Dec. 7, 1978]] ]

[Renumbered. Formerly Sec. 121]

Section 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.

[ Amended Nov. 7, 1978, effective Dec. 7, 1978]] ]

[Renumbered. Formerly Sec. 122]

ARTICLE III. POWERS RESERVED TO THE PEOPLE.

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.

[ Approved Nov. 7, 1978, effective Jan. 1, 1979]] ]

Section 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.

[ Approved Nov. 7, 1978, effective Jan. 1, 1979]] ]

Section 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.

[ Approved Nov. 7, 1978, effective Jan. 1, 1979]] ]

Section 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.

[ Approved Nov. 7, 1978, effective Jan. 1, 1979]] ]

Section 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.

[ Approved Nov. 7, 1978, effective Jan. 1, 1979]] ]

Section 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.

[ Approved Nov. 7, 1978, effective Jan. 1, 1979]] ]

Section 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.

[ Approved Nov. 7, 1978, effective Jan. 1, 1979]] ]

Section 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.

[ Approved Nov. 7, 1978, effective Jan. 1, 1979]] ]

Section 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.

[ Approved Nov. 7, 1978, effective Jan. 1, 1979]] ]

Section 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.

[ Approved Nov. 7, 1978, effective Jan. 1, 1979]] ]

ARTICLE IV. LEGISLATIVE BRANCH.

Section 1.

The senate and house of representatives jointly shall be designated as the legislative assembly of the state of North Dakota.

[Renumbered. Formerly Sec. 52]

Section 2.

[Unconstitutional.]

Section 3.

Senators shall be elected for the term of four years, except as hereinafter provided.

[Renumbered. Formerly Sec. 27]

Section 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.

[ Amended Sep. 7, 1976, effective Oct. 7, 1976 ]

[Renumbered. Formerly Sec. 28]

Section 5.

[Unconstitutional.]

Section 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 biennially.

[Renumbered. Formerly Sec. 30]

Section 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 place of the lieutenant governor under rules prescribed by law.

[Renumbered. Formerly Sec. 31]

Section 8.

The house of representatives shall be composed of not less than sixty, nor more than one hundred and forty members.

[Renumbered. Formerly Sec. 32]

Section 9.

representatives shall be elected for the term of two years.

[Renumbered. Formerly Sec. 33]

Section 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.

[ Amended Sep. 7, 1976, effective Oct. 7, 1976 ]

[Renumbered. Formerly Sec. 34]

Section 11.

[Unconstitutional.]

Section 12.

The house of representatives shall elect one of its members as Speaker.

[Renumbered. Formerly Sec. 36]

Section 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.

[Renumbered. Formerly Sec. 37]

Section 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 iufluence 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 pro posed 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 propositiau 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.

[Renumbered. Formerly Sec. 40]

Section 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.

[Renumbered. Formerly Sec. 38]

Section 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.

[ Amended Sep. 3, 1968, effective Oct. 3, 1968 ]

[Renumbered. Formerly Sec. 41]

Section 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 for which he shall have been elected.

[Renumbered. Formerly Sec. 39]

Section 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.

[ Approved Jun. 28, 1938, effective Jul. 28, 1938]

[Renumbered. Formerly Amendment 51]

Section 19.

The governor shall issue writs of election to fill such vacancies as may occur in either house of the legislative assembly.

[Renumbered. Formerly Sec. 44]

Section 20.

The members of the legislative assembly shall in all eases 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 wprds used in any speech or debate in either house, they shall not be questioned in any other place.

[Renumbered. Formerly Sec. 42]

Section 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.

[Renumbered. Formerly Sec. 43]

Section 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.

[ Amended Sep. 3, 1968, effective Oct. 3, 1968 ]

[ Amended Sep. 7, 1976, effective Oct. 7, 1976 ]

[Renumbered. Formerly Sec. 53]

Section 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 section 53 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 section 75, 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.

[ Amended Sep. 3, 1968, effective Oct. 3, 1968 ]

[ Amended Sep. 7, 1976, effective Oct. 7, 1976 ]

[Renumbered. Formerly Sec. 56]

Section 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.

[Renumbered. Formerly Sec. 51]

Section 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.

[Renumbered. Formerly Sec. 46]

Section 26.

Each house shall be the judge of the election returns and qualifications of its own members.

[Renumbered. Formerly Sec. 47]

Section 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.

[Renumbered. Formerly Sec. 48]

Section 28.

All sessions of the legislative assembly, including the committee of the whole and meetings of legislative committees, shall be open to the public.

[ Amended Sep. 3, 1974, effective Jul. 1, 1975 ]

[Renumbered. Formerly Sec. 50]

Section 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.

[Renumbered. Formerly Sec. 49]

Section 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.

[Renumbered. Formerly Sec. 54]

Section 31.

Any bill may originate in either house of tho legislative assembly, and a bill passed by one house may be amended by the other.

[Renumbered. Formerly Sec. 57]

Section 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.

[Renumbered. Formerly Sec. 58]

Section 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.

[Renumbered. Formerly Sec. 61]

Section 34.

The enacting clause of every law shall be as follows: Be it enacted by the legislative assembly of the state of North Dakota.

[Renumbered. Formerly Sec. 59]

Section 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.

[Renumbered. Formerly Sec. 60]

Section 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.

[Renumbered. Formerly Sec. 62]

Section 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.

[ Amended Sep. 22, 1933, effective Oct. 22, 1933]

[Renumbered. Formerly Sec. 63]

Section 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 re-enacted and published at length.

[Renumbered. Formerly Sec. 64]

Section 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 section 77 in the event the senate is equally divided, nor unless, on its final passage, the vote be taken by yeas and nays, and the names of those voting be entered on the journal.

[ Amended Sep. 5, 1978, effective Oct. 5, 1978]] ]

[Renumbered. Formerly Sec. 65]

Section 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.

[Renumbered. Formerly Sec. 66]

Section 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 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.

[ Amended Nov. 5, 1918, effective Dec. 5, 1918 ]

[Renumbered. Formerly Sec. 67]

Section 42.

The legislative assembly shall pass all laws necessary to carry into effect the provisions of this Constitution.

[Renumbered. Formerly Sec. 68]

Section 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 Sep. 2, 1980, effective Oct. 2, 1980 ]

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 impanneling 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 othere 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.

[Renumbered. Formerly Sec. 69]

Section 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.

[Renumbered. Formerly Sec. 70]

Section 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.

[ Amended Nov. 3, 1914, effective Dec. 3, 1914]

[ Amended Nov. 5, 1918, effective Dec. 5, 1918 ]

[ Amended Nov. 7, 1978, effective Jan. 1, 1979]] ]

[Renumbered. Formerly Sec. 202]

Section 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.

[Renumbered. Formerly Sec. 45]

ARTICLE V. EXECUTIVE BRANCH.

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.

[ Amended Jun. 30, 1964, effective Jul. 30, 1964]

[Renumbered. Formerly Sec. 71]

Section 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.

[Renumbered. Formerly Sec. 72]

Section 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.

[Renumbered. Formerly Sec. 73]

Section 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 and 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.

[ Amended Nov. 5, 1974, effective Dec. 5, 1975 ]

[Renumbered. Formerly Sec. 74]

Section 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 ex traordinary occasions. He shall at the commencement of each session communicate to the legislative assembly by message, in formation 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.

[Renumbered. Formerly Sec. 75]

Section 6.

The governor shall have power in conjunction with the board of pardons, 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, comumutations 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 may be applied for. Upon conviction of treason the governor shall have the 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 pardons, stating the name of the convict, the crime for which he is convicted, the sentence and its date and the date of remission, commutation, pardon or reprieve, with their reasons for granting the same.

[ Amended Nov. 6, 1900, effective Dec. 6, 1900 ]

[Renumbered. Formerly Sec. 76]

Section 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 the 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.

[ Amended Nov. 5, 1974, effective Dec. 5, 1975 ]

[ Amended Sep. 5, 1978, effective Oct. 5, 1978]] ]

[Renumbered. Formerly Sec. 77]

Section 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.

[Renumbered. Formerly Sec. 78]

Section 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 the 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.

[Renumbered. Formerly Sec. 79]

Section 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 the bill approved shall be the law, and the item or items, 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 of bills over the executive veto.

[Renumbered. Formerly Sec. 80]

Section 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 here after 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.

[Renumbered. Formerly Sec. 81]

Section 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 for 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 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.

[ Amended Jun. 30, 1926, effective Jul. 30, 1926 ]

[ Amended Jun. 28, 1938, effective Jul. 28, 1938]

[ Amended Jun. 25, 1940, effective Jul. 25, 1940 ]

[ Amended Jun. 28, 1960, effective Jul. 28, 1960]

[ Amended Jun. 30, 1964, effective Jul. 30, 1964]

[Renumbered. Formerly Sec. 82]

Section 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 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.

[ Amended Jun. 28, 1960, effective Jul. 28, 1960]

[Renumbered. Formerly Sec. 83]

Section 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.

[ Amended Jun. 28, 1960, effective Jul. 28, 1960]

[Renumbered. Formerly Sec. 84]

ARTICLE VI. JUDICIAL BRANCH.

Section 1.

The judicial power of the state is vested in a unified judicial system consisting of a supreme court, a district court, and such other courts as may be provided by law.

[ Amended Sep. 7, 1976, effective Oct. 7, 1976 ]

[Renumbered. Formerly Sec. 85]

Section 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.

[ Amended Sep. 7, 1976, effective Oct. 7, 1976 ]

[Renumbered. Formerly Sec. 86]

Section 3.

The supreme court shall have authority to promulgate rules 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 oy 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.

[ Amended Sep. 7, 1976, effective Oct. 7, 1976 ]

[Renumbered. Formerly Sec. 87]

Section 4.

A 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.

[ Amended Sep. 7, 1976, effective Oct. 7, 1976 ]

[Renumbered. Formerly Sec. 88]

Section 5.

When a judgment or order is reversed, modified, or confirmed by the supreme court, the reasons shall be concisely stated 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.

[ Amended Sep. 7, 1976, effective Oct. 7, 1976 ]

[Renumbered. Formerly Sec. 89]

Section 6.

Appeals shall be allowed from decisions of lower courts to the supreme court as may be provided by law.

[ Amended Sep. 7, 1976, effective Oct. 7, 1976 ]

[Renumbered. Formerly Sec. 90]

Section 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.

[ Amended Sep. 7, 1976, effective Oct. 7, 1976 ]

[Renumbered. Formerly Sec. 91]

Section 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.

[ Amended Sep. 7, 1976, effective Oct. 7, 1976 ]

[Renumbered. Formerly Sec. 92]

Section 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.

[ Amended Sep. 7, 1976, effective Oct. 7, 1976 ]

[Renumbered. Formerly Sec. 93]

Section 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 qualifications 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.

[ Amended Sep. 7, 1976, effective Oct. 7, 1976 ]

[Renumbered. Formerly Sec. 94]

Section 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.

[ Amended Sep. 7, 1976, effective Oct. 7, 1976 ]

[Renumbered. Formerly Sec. 95]

Section 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 sections 194, 195, and 196 and removal provided for in section 197.

[ Amended Sep. 7, 1976, effective Oct. 7, 1976 ]

[Renumbered. Formerly Sec. 96]

Section 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 provided for herein may be used in addition to the impeachment proceedings provided for in sections 194, 195, and 196.

[ Approved Nov. 5, 1974, effective Dec. 5, 1975 ]

[Renumbered. Formerly Amendment XCIV]

Section 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.

[ Amended Sep. 7, 1976, effective Oct. 7, 1976 ]

[Renumbered. Formerly Sec. 97]

ARTICLE VII. POLITICAL SUBDIVISIONS.

Section l.

The purpose of this article is to provide for maximum local self-government by all political subdivisions with a minimum duplication of functions.

[ Adopted Jun. 8, 1982, effective Jul. 8, 1982 ]

Section 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.

[ Adopted Jun. 8, 1982, effective Jul. 8, 1982 ]

Section 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.

[ Adopted Jun. 8, 1982, effective Jul. 8, 1982 ]

Section 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.

[ Adopted Jun. 8, 1982, effective Jul. 8, 1982 ]

Section 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.

[ Adopted Jun. 8, 1982, effective Jul. 8, 1982 ]

Section 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.

[ Adopted Jun. 8, 1982, effective Jul. 8, 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.

[ Adopted Jun. 8, 1982, effective Jul. 8, 1982 ]

Section 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.

[ Adopted Jun. 8, 1982, effective Jul. 8, 1982 ]

Section 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.

[ Adopted Jun. 8, 1982, effective Jul. 8, 1982 ]

Section 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.

[ Adopted Jun. 8, 1982, effective Jul. 8, 1982 ]

Section 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.

[ Adopted Jun. 8, 1982, effective Jul. 8, 1982 ]

ARTICLE VIII. EDUCATION.

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.

[Renumbered. Formerly Sec. 147]

Section 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.

[ Amended Sep. 3, 1968, effective Oct. 3, 1968 ]

[Renumbered. Formerly Sec. 148]

Section 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.

[Renumbered. Formerly Sec. 149]

Section 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 improvement.

[Renumbered. Formerly Sec. 151]

Section 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.

[Renumbered. Formerly Sec. 152]

Section 6.

Sec. 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:

(1) The state University and School of Mines, at Grand Forks, with their substations.

(2) The state Agricultural College and Experiment Station, at Fargo, with their substations.

(3) The School of Science, at Wahpeton.

(4) The state Normal Schools and Teachers Colleges, at Valley City, Mayville, Minot, and Dickinson.

(5) The School of Forestry, at Bottineau.

(6) 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 Educational 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, 1940, and one 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 shall be eligible for an interim appointment.

Sec 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.

Sec. 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.

Sec. 5. The legislature shall provide adequate funds for the proper carrying out of the functions and duties of the state Board of Higher Education.

Sec. 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 re-organize 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 section 6 (a).” 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.

Sec. 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 ofiice 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 why 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.

Sec. 8. This constitutional provision shall be self-executing and shall become effective without the necessity of legislative action.

[ Approved Jun. 28, 1938, effective Jul. 28, 1938]

[ Amended Jun. 30, 1964, effective Jul. 30, 1964]

[ Amended Sep. 5, 1972, effective Oct. 5, 1972 ]

[ Amended Nov. 2, 1976, effective Dec. 2, 1976 ]

[Renumbered. Formerly Amendment LIV]

ARTICLE IX. TRUST LANDS.

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 Sep. 1, 1970, effective Oct. 1, 1970 ]

[Renumbered. Formerly Sec. 153]

[ Amended Jun. 8, 1982, effective Jul. 8, 1982 ]

Section 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.

[Renumbered. Formerly Sec. 154]

[ Amended Jun. 8, 1982, effective Jul. 8, 1982 ]

Section 3.

The superintendent of public instruction, governor, attorney general, secretary of state and state auditor shall constitute a board of commissioners, which shall 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.

[ Approved Sep. 1, 1970, effective Oct. 1, 1970 ]

[Renumbered. Formerly Sec. 156]

Section 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.

[Renumbered. Formerly Sec. 157]

[ Amended Jun. 12, 1984, effective Jul. 12, 1984 ]

Section 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.

[ Amended Jun. 28, 1960, effective Jul. 28, 1960]

[Renumbered. Formerly Sec. 155]

Section 6.

No original grant school or institutional land shall he 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 cancelled, such lands may be resold without reappraisement by the board of appraisal. The purchaser shall pay twenty (20) per cent of the purchase price at the time the contract is executed; thereafter annual payments shall be made of not less than six (6) per cent of the original purchase price. An amount equal to not less than three (3) per cent 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 said Section 158 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, school house sites, church sites, cemetery sites, sites for other educational or charitable institutions, public parks, air plane landing fields, fair grounds, 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 lands 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%) per cent, but in no case shall the resale price he more than the original sale price; such contract of resale shall be upon the terms herein provided, provided this seetion shall be deemed self-executing insofar as the provisions for resale herein made are concerned.

[ Approved and ratified Nov. 3, 1908, effective Dec. 3, 1908 ]

[ Amended Nov. 8, 1910, effective Dec. 8, 1910.]

[ Amended Nov. 5, 1912, effective Dec. 5, 1912.]

[ Amended Jun. 28, 1938, effective Jul. 28, 1938]

[ Approved Jun. 27, 1944, effective Jul. 27, 1944]

[Renumbered. Formerly Sec. 158]

Section 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.

[Renumbered. Formerly Sec. 160]

[ Amended Nov. 2, 1982, effective Dec. 2, 1982 ]

Section 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.

[ Amended Mar. 16, 1920, effective Apr. 15, 1920]

[Renumbered. Formerly Sec. 161]

Section 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.

[Renumbered. Formerly Sec. 163]

Section 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.

[Renumbered. Formerly Sec. 164]

[ Amended Nov. 2, 1982, effective Dec. 2, 1982 ]

Section 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 safe keeping 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.

[Renumbered. Formerly Sec. 165]

Section 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.

First: The seat of government at the City of Bismarck in the County of Burleigh.

Second: The state University and the School of Mines at the city of Grand Forks, in the County of Grand Forks.

Third: The North Dakota state University of Agriculture and Applied Science at the City of Fargo, in the County of Cass.

Fourth: 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.

Fifth: The School for the Deaf and Dumb of North Dakota at the City of Devils Lake, in the County of Ramsey.

Sixth: A state Training School at the City of Mandan, in the County of Morton.

Seventh: 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.

Eighth: 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 Feeble Minded, on the grounds purchased by the Secretary of the Interior for a Penitentiary building.

[ Amended Nov. 8, 1904., effective Dec. 8, 1904 ]

[ Amended Nov. 2, 1920, effective Dec. 2, 1920 ]

[ Amended Nov. 8, 1960, effective Dec. 8, 1960]

[Renumbered. Formerly Sec. 215]

Section 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 and ratified Nov. 8, 1910, effective Dec. 8, 1910.]

[ Amended Nov. 3, 1914, effective Dec. 3, 1914]

[ Amendment art. XXI approved Nov. 7, 1916, effective Dec. 7, 1916 ]

[ Amendment art. XXII approved Nov. 7, 1916, effective Dec. 7, 1916 ]

[ Amended Jun. 24, 1952, effective Jul. 24, 1952]

[ Amended Sep. 5, 1972, effective Oct. 5, 1972 ]

[Renumbered. Formerly Sec. 216]

[ Amended Nov. 2, 1982, effective Dec. 2, 1982 ]

ARTICLE X. FINANCE AND PUBLIC DEBT.

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.

[ Amended Sep. 2, 1980, effective Oct. 2, 1980 ]

[Renumbered. Formerly Sec. 174]

Section 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.

[Renumbered. Formerly Sec. 178]

Section 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.

[ Amended Sep. 6, 1966, effective Oct. 6, 1966 ]

[Renumbered. Formerly Sec. 175]

Section 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.

[ Amended Nov. 6, 1900, effective Dec. 6, 1900 ]

[ Amended Nov. 3, 1914, effective Dec. 3, 1914]

[ Amended Mar. 20, 1928, effective Apr. 20, 1928]

[Renumbered. Formerly Sec. 179]

Section 5.

Taxes shall be uniform upon the same class of property; including franchises within the territorial limits of the authority levying the tax. The legislature 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 school, 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 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.

[ Amended Nov. 8, 1904., effective Dec. 8, 1904 ]

[ Amended Nov. 3, 1914, effective Dec. 3, 1914]

[ Amended Nov. 5, 1918, effective Dec. 5, 1918 ]

[Renumbered. Formerly Sec. 176]

Section 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.

[Renumbered. Formerly Sec. 180]

Section 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 Section 174 in Article 11 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.

[ Amended Nov. 5, 1918, effective Dec. 5, 1918 ]

[Renumbered. Formerly Sec. 177]

Section 8.

The legislative assembly shall pass all laws necessary to carry out the provisions of this article.

[Renumbered. Formerly Sec. 181]

Section 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 such 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 Nov. 5, 1918, effective Dec. 5, 1918 ]

[Renumbered. Formerly Amendment XXIV.]

[ Amended Nov. 2, 1982, effective Dec. 2, 1982 ]

Section 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.

[ Approved Nov. 2, 1948, effective Dec. 2, 1948]

[Renumbered. Formerly Amendment LX.]

Section 11.

Revenue from gasoline and other motor fuel excise and license taxation, motor vehicle registration and license taxes, 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.

[ Approved Jun. 25, 1940, effective Jul. 25, 1940 ]

[Renumbered. Formerly Amendment LVI.]

Section 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.

[ Approved Jun. 28, 1938, effective Jul. 28, 1938]

[Renumbered. Formerly Sec. 186.]

Section 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.

[ Amended Nov. 5, 1918, effective Dec. 5, 1918 ]

[ Approved Mar. 18, 1924, effective Apr. 17, 1924 ]

[ Amended Nov. 4, 1980, effective Dec. 4, 1980 ]

[Renumbered. Formerly Sec. 182.]

Section 14.

Sec. 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.

Sec. 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.

Sec. 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 section 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.

Sec. 4. The full faith and credit of the state shall be pledged for the prompt and full payment of all bonds issued under section 2. Its obligation with respect to bonds issued under section 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 sections 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.

Sec. 5. The legislature shall pass such laws as are appropriate to implement this amendment.

Sec. 6. If any section of this amendment, or any part of a section, 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 sections and parts of sections and applications thereof are declared to be severable.

[ Approved Nov. 6, 1962, effective Dec. 6, 1962]

[Renumbered. Formerly Amendment LXXVI.]

Section 15.

The debt of any county, township, city, town, school district or any other political subdivision, shall never exceed the 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 per cent 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 purpose whatever. All bonds 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.

[ Amended Mar. 16, 1920, effective Apr. 15, 1920]

[Renumbered. Formerly Sec. 183.]

Section 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.

[Renumbered. Formerly Sec. 184.]

Section 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 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.

[Renumbered. Formerly Sec. 187.]

[ Amended Jun. 12, 1984, effective Jul. 12, 1984 ]

Section 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.

[ Amended Nov. 3, 1914, effective Dec. 3, 1914]

[ Amended Nov. 5, 1918, effective Dec. 5, 1918 ]

[Renumbered. Formerly Sec. 185.]

Section 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.

[ Approved and ratified Nov. 5, 1912, effective Dec. 5, 1912.]

[Renumbered. Formerly Amendment XIV.]

Section 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.

[ Amended Nov. 3, 1914, effective Dec. 3, 1914]

[Renumbered. Formerly Amendment XIX.]

Section 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.

[ Approved Nov. 4, 1980, effective Jan. 1, 1981 ]

[Renumbered. Formerly Amendment CIX.]

ARTICLE XI. GENERAL PROVISIONS.

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 boundaries, 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.

[Renumbered. Formerly Sec. 206.]

Section 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 towards 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 on the left and “1889” on the right. The seal to be two and one-half inches in diameter.

[Renumbered. Formerly Sec. 207.]

Section 3.

All flowing streams and natural water courses shall forever remain the property of the state for mining, irrigating and manufacturing purposes.

[Renumbered. Formerly Sec. 210.]

Section 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.

[Renumbered. Formerly Sec. 211.]

Section 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.

[ Approved Sep. 3, 1974, effective Jul. 1, 1975 ]

[Renumbered. Formerly Amendment XCII., Sec. 1.]

Section 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.

[ Approved Nov. 7, 1978, effective Dec. 7, 1978]] ]

[Renumbered. Formerly Amendment CIII.]

Section 7.

The legislative assembly, in order to insure continuity of state and local governmental operations in periods of emergency resulting from disaster 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 insuring 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.

[ Approved Jun. 26, 1962, effective Jul. 26, 1962]

[Renumbered. Formerly Amendment LXXV.]

Section 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.

[Renumbered. Formerly Sec. 194.]

Section 9.

All impeachments shall be tried by the senate. When sitting for that purposes 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.

[Renumbered. Formerly Sec. 195.]

Section 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.

[Renumbered. Formerly Sec. 196.]

Section 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.

[Renumbered. Formerly Sec. 197.]

Section 12.

No officer shall exercise the duties of his office after he shall have been impeached and before his acquittal.

[Renumbered. Formerly Sec. 198.]

Section 13.

On trial of impeachment against the governor, the lieutenant governor shall not act as a member of the court.

[Renumbered. Formerly Sec. 199.]

Section 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.

[Renumbered. Formerly Sec. 200.]

Section 15.

No person shall be liable to impeachment twice for the same offense.

[Renumbered. Formerly Sec. 201.]

Section 16.

The milita 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 religions 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.

[Renumbered. Formerly Sec. 188.]

Section 17.

The milita 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.

[Renumbered. Formerly Sec. 189.]

Section 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.

[Renumbered. Formerly Sec. 190.]

Section 19.

All militia officers shall be appointed or elected in such a manner as the legislative assembly shall provide.

[Renumbered. Formerly Sec. 191.]

Section 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.

[Renumbered. Formerly Sec. 192.]

Section 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.

[Renumbered. Formerly Sec. 193.]

Section 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.

[Renumbered. Formerly Sec. 208.]

Section 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.

[Renumbered. Formerly Sec. 213.]

Section 24.

The labor of children under twelve years of age, shall be prohibited in mines, factories and workshops in this state.

[Renumbered. Formerly Sec. 209.]

Section 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.

(Ratified by popular vote Nov. 6, 1894)

[ Amended Sep. 7, 1976, effective Oct. 7, 1976 ]

[Renumbered. Formerly Amendment I.]

Section 26.

The legislative, executive, and judicial branches are co-equal 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 Jun. 8, 1982, effective Jul. 8, 1982]

ARTICLE XII.

Section 1.

The term “corporation,” as used in this article, shall not be understood as embracing municipalities or political subdivisions 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.

[Renumbered. Formerly Sec. 144.]

Section 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.

[Renumbered. Formerly Sec. 131.]

Section 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.

[Renumbered. Formerly Sec. 132.]

Section 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 of 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.

[Renumbered. Formerly Sec. 133.]

Section 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.

[Renumbered. Formerly Sec. 134.]

Section 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 co-operative corporation may adopt by-laws limiting the voting power of its stockholders.

[ Approved Nov. 5, 1918, effective Dec. 5, 1918 ]

[Renumbered. Formerly Sec. 135.]

Section 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.

[Renumbered. Formerly Sec. 136.]

Section 8.

No corporation shall engage in any business other than that expressly authorized in its charter.

[Renumbered. Formerly Sec. 137.]

Section 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.

[ Amended Jun. 29, 1954, effective Jul. 29, 1954]

[Renumbered. Formerly Sec. 138.]

Section 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.

[Renumbered. Formerly Sec. 139.]

Section 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 amounts 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. Providing the provisions of this section shall not be so construed as to apply to foreign corporations.

[Renumbered. Formerly Sec. 140.]

Section 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.

[Renumbered. Formerly Sec. 141.]

Section 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 courts of this state from the rate so fixed; but the rates fixed by the legislative assembly or Board of Railroad Commissioners shall remain in full force pending the decision of the courts.

[Renumbered. Formerly Sec. 142.]

Section 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.

[Renumbered. Formerly Sec. 143.]

Section 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.

[Renumbered. Formerly Sec. 145.]

Section 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 or 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, when ever the owner or owners thereof violate this article shall be deemed annulled and become void.

[Renumbered. Formerly Sec. 146.]

Section 17.

The exchange of “black lists” between corporations shall be prohibited.

[Renumbered. Formerly Sec. 212.]

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.

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 been 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 hereafter 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 in 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, construction, 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 or 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 $75,000; also, bonds issued on account of the Penitentiary at Sioux Falls, South Dakota, the face aggregate of which is $94,300; 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 hereto fore 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 iu 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 herein before 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 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 here after paid into said treasury under and by virtue of the act last mentioned, based on the gross earnings of the year 1888, shall be distributed as already provided by law, except that so much thereof as goes to the territorial treasury shall be divided as fol lows: 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.

Amended Jun. 24, 1958, effective Jul. 24, 1958]

Section 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 such reservations.

Section 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 modifications of said conditions and limitations in case of necessity.

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