MINNESOTA

 

CONSTITUTION OF THE STATE OF MINNESOTA

 

 

                   Adopted October 13, 1857

               Generally Revised November 5, 1974

 

 

Article 1.     Bill of rights.

Article 2.     Name and boundaries.

Article 3.     Distribution of the powers of government.

Article 4.     Legislative department.

Article 5.     Executive department.

Article 6.     Judiciary.

Article 7.     Elective franchise.

Article 8.     Impeachment and removal from office.

Article 9.     Amendments to the constitution.

Article 10.    Taxation.

Article 11.    Appropriations and finances.

Article 12.    Special legislation; local government.

Article 13.    Miscellaneous subjects.

Article 14.    Public highway system.

 

                          Preamble

   We, the people of the state of Minnesota, grateful to God

for our civil and religious liberty, and desiring to perpetuate

its blessings and secure the same to ourselves and our

posterity, do ordain and establish this Constitution

                           ARTICLE I

                         BILL OF RIGHTS

   Section 1.  Object of government. Government is

instituted for the security, benefit and protection of the

people, in whom all political power is inherent, together with

the right to alter, modify or reform government whenever

required by the public good.

   Sec. 2.  Rights and privileges. No member of this

state shall be disfranchised or deprived of any of the rights or

privileges secured to any citizen thereof, unless by the law of

the land or the judgment of his peers.  There shall be neither

slavery nor involuntary servitude in the state otherwise than as

punishment for a crime of which the party has been convicted.

   Sec. 3.  Liberty of the press.  The liberty of the

press shall forever remain inviolate, and all persons may freely

speak, write and publish their sentiments on all subjects, being

responsible for the abuse of such right.

   Sec. 4.  Trial by jury. The right of trial by jury

shall remain inviolate, and shall extend to all cases at law

without regard to the amount in controversy.  A jury trial may

be waived by the parties in all cases in the manner prescribed

by law.  The legislature may provide that the agreement of

five‑sixths of a jury in a civil action or proceeding, after not

less than six hours' deliberation, is a sufficient verdict.  The

legislature may provide for the number of jurors in a civil

action or proceeding, provided that a jury have at least six

members.  Amended, November 8, 1988

   Sec. 5.  No excessive bail or unusual punishments.

Excessive bail shall not be required, nor excessive fines

imposed, nor cruel or unusual punishments inflicted.

   Sec. 6.  Rights of accused in criminal prosecutions.

In all criminal prosecutions the accused shall enjoy the right

to a speedy and public trial by an impartial jury of the county

or district wherein the crime shall have been committed, which

county or district shall have been previously ascertained by

law.  In all prosecutions of crimes defined by law as felonies,

the accused has the right to a jury of 12 members.  In all other

criminal prosecutions, the legislature may provide for the

number of jurors, provided that a jury have at least six

members.  The accused shall enjoy the right to be informed of

the nature and cause of the accusation, to be confronted with

the witnesses against him, to have compulsory process for

obtaining witnesses in his favor and to have the assistance of

counsel in his defense.  Amended, November 8, 1988

   Sec. 7.  Due process; prosecutions; double jeopardy;

self‑incrimination; bail; habeas corpus.  No person shall be

held to answer for a criminal offense without due process of

law, and no person shall be put twice in jeopardy of punishment

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.  All persons before

conviction shall be bailable by sufficient sureties, except for

capital offenses when the proof is evident or the presumption

great.  The privilege of the writ of habeas corpus shall not be

suspended unless the public safety requires it in case of

rebellion or invasion.

   Sec. 8.  Redress of injuries or wrongs.  Every person

is entitled to a certain remedy in the laws for all injuries or

wrongs which he may receive to his person, property or

character, and to obtain justice freely and without purchase,

completely and without denial, promptly and without delay,

conformable to the laws.

   Sec. 9.  Treason defined.  Treason against the state

consists only in levying war against the state, or in adhering

to its enemies, giving them aid and comfort.  No person shall be

convicted of treason unless on the testimony of two witnesses to

the same overt act or on confession in open court.

   Sec. 10.  Unreasonable searches and seizures

prohibited.  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, and particularly describing the place to be

searched and the person or things to be seized.

   Sec. 11.  Attainders, ex post facto laws and laws

impairing contracts prohibited.  No bill of attainder, ex

post facto law, or any law impairing the obligation of contracts

shall be passed, and no conviction shall work corruption of

blood or forfeiture of estate.

   Sec. 12.  Imprisonment for debt; property exemption.

No person shall be imprisoned for debt in this state, but this

shall not prevent the legislature from providing for

imprisonment, or holding to bail, persons charged with fraud in

contracting said debt.  A reasonable amount of property shall be

exempt from seizure or sale for the payment of any debt or

liability.  The amount of such exemption shall be determined by

law.  Provided, however, that all property so exempted shall be

liable to seizure and sale for any debts incurred to any person

for work done or materials furnished in the construction, repair

or improvement of the same, and provided further, that such

liability to seizure and sale shall also extend to all real

property for any debt to any laborer or servant for labor or

service performed.

   Sec. 13.  Private property for public use.  Private

property shall not be taken, destroyed or damaged for public use

without just compensation therefor, first paid or secured.

   Sec. 14.  Military power subordinate.  The military

shall be subordinate to the civil power and no standing army

shall be maintained in this state in times of peace.

   Sec. 15.  Lands allodial; void agricultural leases.

All lands within the state are allodial and feudal tenures of

every description with all their incidents are prohibited. 

Leases and grants of agricultural lands for a longer period than

21 years reserving rent or service of any kind shall be void.

   Sec. 16.  Freedom of conscience; no preference to be

given to any religious establishment or mode of worship.  The

enumeration of rights in this constitution shall not deny or

impair others retained by and inherent in the people.  The right

of every man to worship God according to the dictates of his own

conscience shall never be infringed; nor shall any man be

compelled to attend, erect or support any place of worship, or

to maintain any religious or ecclesiastical ministry, against

his consent; nor shall any control of or interference with the

rights of conscience be permitted, or any preference be given by

law to any religious establishment or mode of worship; 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 the state, nor shall

any money be drawn from the treasury for the benefit of any

religious societies or religious or theological seminaries.

   Sec. 17.  Religious tests and property qualifications

prohibited.  No religious test or amount of property shall be

required as a qualification for any office of public trust in

the state.  No religious test or amount of property shall be

required as a qualification of any voter at any election in this

state; nor shall any person be rendered incompetent to give

evidence in any court of law or equity in consequence of his

opinion upon the subject of religion.

                           ARTICLE II

                      NAME AND BOUNDARIES

   Section 1.  Name and boundaries; acceptance of organic

act.  This state shall be called the state of Minnesota and

shall consist of and have jurisdiction over the territory

embraced in the act of Congress entitled, "An act to authorize

the people of the Territory of Minnesota to form a constitution

and state government, preparatory to their admission into the

Union on equal footing with the original states," and the

propositions contained in that act are hereby accepted, ratified

and confirmed, and remain irrevocable without the consent of the

United States.

   Sec. 2.  Jurisdiction on boundary waters.  The state

of Minnesota has concurrent jurisdiction on the Mississippi and

on all other rivers and waters forming a common boundary with

any other state or states.  Navigable waters leading into the

same, shall be common highways and forever free to citizens of

the United States without any tax, duty, impost or toll therefor.

                          ARTICLE III

            DISTRIBUTION OF THE POWERS OF GOVERNMENT

   Section 1.  Division of powers.  The powers of

government shall be divided into three distinct departments:

legislative, executive and judicial.  No person or persons

belonging to or constituting one of these departments shall

exercise any of the powers properly belonging to either of the

others except in the instances expressly provided in this

constitution.

                           ARTICLE IV

                     LEGISLATIVE DEPARTMENT

   Section 1.  Composition of legislature.  The

legislature consists of the senate and house of representatives.

   Sec. 2.  Apportionment of members.  The number of

members who compose the senate and house of representatives

shall be prescribed by law.  The representation in both houses

shall be apportioned equally throughout the different sections

of the state in proportion to the population thereof.

   Sec. 3.  Census enumeration apportionment; congressional

and legislative district boundaries; senate districts.  At

its first session after each enumeration of the inhabitants of

this state made by the authority of the United States, the

legislature shall have the power to prescribe the bounds of

congressional and legislative districts.  Senators shall be

chosen by single districts of convenient contiguous territory. 

No representative district shall be divided in the formation of

a senate district.  The senate districts shall be numbered in a

regular series.

   Sec. 4.  Terms of office of senators and

representatives; vacancies.  Representatives shall be chosen

for a term of two years, except to fill a vacancy.  Senators

shall be chosen for a term of four years, except to fill a

vacancy and except there shall be an entire new election of all

the senators at the first election of representatives after each

new legislative apportionment provided for in this article.  The

governor shall call elections to fill vacancies in either house

of the legislature.

   Sec. 5.  Restriction on holding office.  No senator

or representative shall hold any other office under the

authority of the United States or the state of Minnesota, except

that of postmaster or of notary public. If elected or appointed

to another office, a legislator may resign from the legislature

by tendering his resignation to the governor.

   Sec. 6.  Qualification of legislators; judging election

returns and eligibility.  Senators and representatives shall

be qualified voters of the state, and shall have resided one

year in the state and six months immediately preceding the

election in the district from which elected.  Each house shall

be the judge of the election returns and eligibility of its own

members.  The legislature shall prescribe by law the manner for

taking evidence in cases of contested seats in either house.

   Sec. 7.  Rules of government.  Each house may

determine the rules of its proceedings, sit upon its own

adjournment, punish its members for disorderly behavior, and

with the concurrence of two‑thirds expel a member; but no member

shall be expelled a second time for the same offense.

   Sec. 8.  Oath of office.  Each member and officer of

the legislature before entering upon his duties shall take an

oath or affirmation to support the Constitution of the United

States, the constitution of this state, and to discharge

faithfully the duties of his office to the best of his judgment

and ability.

   Sec. 9.  Compensation.  The compensation of senators

and representatives shall be prescribed by law.  No increase of

compensation shall take effect during the period for which the

members of the existing house of representatives may have been

elected.

   Sec. 10.  Privilege from arrest.  The members of each

house in all cases except treason, felony and breach of the

peace, shall be privileged from arrest during the session of

their respective houses and in going to or returning from the

same.  For any speech or debate in either house they shall not

be questioned in any other place.

   Sec. 11.  Protest and dissent of members.  Two or

more members of either house may dissent and protest against any

act or resolution which they think injurious to the public or to

any individual and have the reason of their dissent entered in

the journal.

   Sec. 12.  Biennial meetings; length of session; special

sessions; length of adjournments.  The legislature shall meet

at the seat of government in regular session in each biennium at

the times prescribed by law for not exceeding a total of 120

legislative days.  The legislature shall not meet in regular

session, nor in any adjournment thereof, after the first Monday

following the third Saturday in May of any year.  After meeting

at a time prescribed by law, the legislature may adjourn to

another time.  "Legislative day" shall be defined by law.  A

special session of the legislature may be called by the governor

on extraordinary occasions.

   Neither house during a session of the legislature shall

adjourn for more than three days (Sundays excepted) nor to any

other place than that in which the two houses shall be assembled

without the consent of the other house.

   Sec. 13.  Quorum.  A majority of each house

constitutes a quorum to transact business, but a smaller number

may adjourn from day to day and compel the attendance of absent

members in the manner and under the penalties it may provide.

   Sec. 14.  Open sessions.  Each house shall be open to

the public during its sessions except in cases which in its

opinion require secrecy.

   Sec. 15.  Officers; journals.  Each house shall elect

its presiding officer and other officers as may be provided by

law.  Both houses shall keep journals of their proceedings, and

from time to time publish the same, and the yeas and nays, when

taken on any question, shall be entered in the journals.

   Sec. 16.  Elections viva voce.  In all elections by

the legislature members shall vote viva voce and their votes

shall be entered in the journal.

   Sec. 17.  Laws to embrace only one subject.  No law

shall embrace more than one subject, which shall be expressed in

its title.

   Sec. 18.  Revenue bills to originate in house.  All

bills for raising revenue shall originate in the house of

representatives, but the senate may propose and concur with the

amendments as on other bills.

   Sec. 19.  Reporting of bills.  Every bill shall be

reported on three different days in each house, unless, in case

of urgency, two‑thirds of the house where the bill is pending

deem it expedient to dispense with this rule.

   Sec. 20.  Enrollment of bills.  Every bill passed by

both houses shall be enrolled and signed by the presiding

officer of each house.  Any presiding officer refusing to sign a

bill passed by both houses shall thereafter be disqualified from

any office of honor or profit in the state.  Each house by rule

shall provide the manner in which a bill shall be certified for

presentation to the governor in case of such refusal.

   Sec. 21.  Passage of bills on last day of session

prohibited.  No bill shall be passed by either house upon the

day prescribed for adjournment.  This section shall not preclude

the enrollment of a bill or its transmittal from one house to

the other or to the executive for his signature.

   Sec. 22.  Majority vote of all members to pass a law. 

The style of all laws of this state shall be:  "Be it enacted

by the legislature of the state of Minnesota." No law shall be

passed unless voted for by a majority of all the members elected

to each house of the legislature, and the vote entered in the

journal of each house.

   Sec. 23.  Approval of bills by governor; action on

veto.  Every bill passed in conformity to the rules of each

house and the joint rules of the two houses shall be presented

to the governor.  If he approves a bill, he shall sign it,

deposit it in the office of the secretary of state and notify

the house in which it originated of that fact.  If he vetoes a

bill, he shall return it with his objections to the house in

which it originated.  His objections shall be entered in the

journal.  If, after reconsideration, two‑thirds of that house

agree to pass the bill, it shall be sent, together with the

governor's objections, to the other house, which shall likewise

reconsider it.  If approved by two‑thirds of that house it

becomes a law and shall be deposited in the office of the

secretary of state.  In such cases the votes of both houses

shall be determined by yeas and nays, and the names of the

persons voting for or against the bill shall be entered in the

journal of each house.  Any bill not returned by the governor

within three days (Sundays excepted) after it is presented to

him becomes a law as if he had signed it, unless the legislature

by adjournment within that time prevents its return.  Any bill

passed during the last three days of a session may be presented

to the governor during the three days following the day of final

adjournment and becomes law if the governor signs and deposits

it in the office of the secretary of state within 14 days after

the adjournment of the legislature.  Any bill passed during the

last three days of the session which is not signed and deposited

within 14 days after adjournment does not become a law.

   If a bill presented to the governor contains several items

of appropriation of money, he may veto one or more of the items

while approving the bill.  At the time he signs the bill the

governor shall append to it a statement of the items he vetoes

and the vetoed items shall not take effect. If the legislature

is in session, he shall transmit to the house in which the bill

originated a copy of the statement, and the items vetoed shall

be separately reconsidered.  If on reconsideration any item is

approved by two‑thirds of the members elected to each house, it

is a part of the law notwithstanding the objections of the

governor.

   Sec. 24.  Presentation of orders, resolutions, and votes

to governor.  Each order, resolution or vote requiring the

concurrence of the two houses except such as relate to the

business or adjournment of the legislature shall be presented to

the governor and is subject to his veto as prescribed in case of

a bill.

   Sec. 25.  Disorderly conduct.  During a session each

house may punish by imprisonment for not more than 24 hours any

person not a member who is guilty of any disorderly or

contemptuous behavior in its presence.

   Sec. 26.  Banking laws; two‑thirds votes.  Passage of

a general banking law requires the vote of two‑thirds of the

members of each house of the legislature.

                           ARTICLE V

                      EXECUTIVE DEPARTMENT

   Section 1.  Executive officers. The executive

department consists of a governor, lieutenant governor,

secretary of state, auditor, and attorney general, who shall be

chosen by the electors of the state.  The governor and

lieutenant governor shall be chosen jointly by a single vote

applying to both offices in a manner prescribed by law.

Amended, November 3, 1998

   Sec. 2.  Term of governor and lieutenant governor;

qualifications.  The term of office for the governor and

lieutenant governor is four years and until a successor is

chosen and qualified.  Each shall have attained the age of 25

years and, shall have been a bona fide resident of the state for

one year next preceding his election, and shall be a citizen of

the United States.

   Sec. 3.  Powers and duties of governor. The governor

shall communicate by message to each session of the legislature

information touching the state and country.  He is

commander‑in‑chief of the military and naval forces and may call

them out to execute the laws, suppress insurrection and repel

invasion.  He may require the opinion in writing of the

principal officer in each of the executive departments upon any

subject relating to his duties.  With the advice and consent of

the senate he may appoint notaries public and other officers

provided by law.  He may appoint commissioners to take the

acknowledgment of deeds or other instruments in writing to be

used in the state.  He shall take care that the laws be

faithfully executed.  He shall fill any vacancy that may occur

in the offices of secretary of state, auditor, attorney general

and the other state and district offices hereafter created by

law until the end of the term for which the person who had

vacated the office was elected or the first Monday in January

following the next general election, whichever is sooner, and

until a successor is chosen and qualified.  Amended, November

3, 1998

   Sec. 4.  Terms and salaries of executive officers.

The term of office of the secretary of state, attorney general

and state auditor is four years and until a successor is chosen

and qualified.  The duties and salaries of the executive

officers shall be prescribed by law.  Amended, November 3,

1998

   Sec. 5.  Succession to offices of governor and

lieutenant governor.  In case a vacancy occurs from any cause

whatever in the office of governor, the lieutenant governor

shall be governor during such vacancy.  The compensation of the

lieutenant governor shall be prescribed by law.  The last

elected presiding officer of the senate shall become lieutenant

governor in case a vacancy occurs in that office.  In case the

governor is unable to discharge the powers and duties of his

office, the same devolves on the lieutenant governor.  The

legislature may provide by law for the case of the removal,

death, resignation, or inability both of the governor and

lieutenant governor to discharge the duties of governor and may

provide by law for continuity of government in periods of

emergency resulting from disasters caused by enemy attack in

this state, including but not limited to, succession to the

powers and duties of public office and change of the seat of

government.

   Sec. 6.  Oath of office of state officers.  Each

officer created by this article before entering upon his duties

shall take an oath or affirmation to support the constitution of

the United States and of this state and to discharge faithfully

the duties of his office to the best of his judgment and ability.

   Sec. 7.  Board of pardons.  The governor, the

attorney general and the chief justice of the supreme court

constitute a board of pardons.  Its powers and duties shall be

defined and regulated by law.  The governor in conjunction with

the board of pardons has power to grant reprieves and pardons

after conviction for an offense against the state except in

cases of impeachment.

                           ARTICLE VI

                           JUDICIARY

   Section 1.  Judicial power.  The judicial power of

the state is vested in a supreme court, a court of appeals, if

established by the legislature, a district court and such other

courts, judicial officers and commissioners with jurisdiction

inferior to the district court as the legislature may

establish.  Amended, November 2, 1982

   Sec. 2.  Supreme court.  The supreme court consists

of one chief judge and not less than six nor more than eight

associate judges as the legislature may establish.  It shall

have original jurisdiction in such remedial cases as are

prescribed by law, and appellate jurisdiction in all cases, but

there shall be no trial by jury in the supreme court.

   The legislature may establish a court of appeals and

provide by law for the number of its judges, who shall not be

judges of any other court, and its organization and for the

review of its decisions by the supreme court.  The court of

appeals shall have appellate jurisdiction over all courts,

except the supreme court, and other appellate jurisdiction as

prescribed by law.

   As provided by law judges of the court of appeals or of the

district court may be assigned temporarily to act as judges of

the supreme court upon its request and judges of the district

court may be assigned temporarily by the supreme court to act as

judges of the court of appeals.

   The supreme court shall appoint to serve at its pleasure a

clerk, a reporter, a state law librarian and other necessary

employees.  Amended, November 2, 1982

   Sec. 3.  Jurisdiction of district court.  The

district court has original jurisdiction in all civil and

criminal cases and shall have appellate jurisdiction as

prescribed by law.

   Sec. 4.  Judicial districts; district judges.  The

number and boundaries of judicial districts shall be established

in the manner provided by law but the office of a district judge

shall not be abolished during his term.  There shall be two or

more district judges in each district.  Each judge of the

district court in any district shall be a resident of that

district at the time of his selection and during his continuance

in office.

   Sec. 5.  Qualifications; compensation.  Judges of the

supreme court, the court of appeals and the district court shall

be learned in the law.  The qualifications of all other judges

and judicial officers shall be prescribed by law.  The

compensation of all judges shall be prescribed by the

legislature and shall not be diminished during their term of

office.  Amended, November 2, 1982

   Sec. 6.  Holding other office.  A judge of the

supreme court, the court of appeals or the district court shall

not hold any office under the United States except a commission

in a reserve component of the military forces of the United

States and shall not hold any other office under this state. 

His term of office shall terminate at the time he files as a

candidate for an elective office of the United States or for a

nonjudicial office of this state.  Amended, November 2, 1982

   Sec. 7.  Term of office; election.  The term of

office of all judges shall be six years and until their

successors are qualified.  They shall be elected by the voters

from the area which they are to serve in the manner provided by

law.

   Sec. 8.  Vacancy.  Whenever there is a vacancy in the

office of judge the governor shall appoint in the manner

provided by law a qualified person to fill the vacancy until a

successor is elected and qualified.  The successor shall be

elected for a six year term at the next general election

occurring more than one year after the appointment.

   Sec. 9.  Retirement, removal and discipline.  The

legislature may provide by law for retirement of all judges and

for the extension of the term of any judge who becomes eligible

for retirement within three years after expiration of the term

for which he is selected.  The legislature may also provide for

the retirement, removal or other discipline of any judge who is

disabled, incompetent or guilty of conduct prejudicial to the

administration of justice.

   Sec. 10.  Retired judges.  As provided by law a

retired judge may be assigned to hear and decide any cause over

which the court to which he is assigned has jurisdiction.

   Sec. 11.  Probate jurisdiction.  Original

jurisdiction in law and equity for the administration of the

estates of deceased persons and all guardianship and

incompetency proceedings, including jurisdiction over the

administration of trust estates and for the determination of

taxes contingent upon death, shall be provided by law.

   Sec. 12.  Abolition of probate court; status of judges. 

If the probate court is abolished by law, judges of that

court who are learned in the law shall become judges of the

court that assumes jurisdiction of matters described in section

11.

   Sec. 13.  District court clerks.  There shall be in

each county one clerk of the district court whose

qualifications, duties and compensation shall be prescribed by

law.  He shall serve at the pleasure of a majority of the judges

of the district court in each district.

                          ARTICLE VII

                       ELECTIVE FRANCHISE

   Section 1.  Eligibility; place of voting; ineligible

persons.  Every person 18 years of age or more who has been a

citizen of the United States for three months and who has

resided in the precinct for 30 days next preceding an election

shall be entitled to vote in that precinct.  The place of voting

by one otherwise qualified who has changed his residence within

30 days preceding the election shall be prescribed by law.  The

following persons shall not be entitled or permitted to vote at

any election in this state:  A person not meeting the above

requirements; a person who has been convicted of treason or

felony, unless restored to civil rights; a person under

guardianship, or a person who is insane or not mentally

competent.

   Sec. 2.  Residence.  For the purpose of voting no

person loses residence solely by reason of his absence while

employed in the service of the United States; nor while engaged

upon the waters of this state or of the United States; nor while

a student in any institution of learning; nor while kept at any

almshouse or asylum; nor while confined in any public prison. 

No soldier, seaman or marine in the army or navy of the United

States is a resident of this state solely in consequence of

being stationed within the state.

   Sec. 3.  Uniform oath at elections.  The legislature

shall provide for a uniform oath or affirmation to be

administered at elections and no person shall be compelled to

take any other or different form of oath to entitle him to vote.

   Sec. 4.  Civil process suspended on election day.

During the day on which an election is held no person shall be

arrested by virtue of any civil process.

   Sec. 5.  Elections by ballot.  All elections shall be

by ballot except for such town officers as may be directed by

law to be otherwise chosen.

   Sec. 6.  Eligibility to hold office.  Every person

who by the provisions of this article is entitled to vote at any

election and is 21 years of age is eligible for any office

elective by the people in the district wherein he has resided 30

days previous to the election, except as otherwise provided in

this constitution, or the constitution and law of the United

States.

   Sec. 7.  Official year of state.  The official year

for the state of Minnesota commences on the first Monday in

January in each year and all terms of office terminate at that

time.  The general election shall be held on the first Tuesday

after the first Monday in November in each even numbered year.

   Sec. 8.  Election returns to secretary of state; board

of canvassers.  The returns of every election for

officeholders elected statewide shall be made to the secretary

of state who shall call to his assistance two or more of the

judges of the supreme court and two disinterested judges of the

district courts.  They shall constitute a board of canvassers to

canvass the returns and declare the result within three days

after the canvass.

   Sec. 9.  Campaign spending limits. The amount that

may be spent by candidates for constitutional and legislative

offices to campaign for nomination or election shall be limited

by law.  The legislature shall provide by law for disclosure of

contributions and expenditures made to support or oppose

candidates for state elective offices.  Adopted, November 4,

1980

                          ARTICLE VIII

              IMPEACHMENT AND REMOVAL FROM OFFICE

   Section 1.  Impeachment powers.  The house of

representatives has the sole power of impeachment through a

concurrence of a majority of all its members.  All impeachments

shall be tried by the senate.  When sitting for that purpose,

senators shall be upon oath or affirmation to do justice

according to law and evidence.  No person shall be convicted

without the concurrence of two‑thirds of the senators present.

   Sec. 2.  Officers subject to impeachment; grounds;

judgment. The governor, secretary of state, auditor, attorney

general and the judges of the supreme court, court of appeals

and district courts may be impeached for corrupt conduct in

office or for crimes and misdemeanors; but judgment shall not

extend further than to removal from office and disqualification

to hold and enjoy any office of honor, trust or profit in this

state.  The party convicted shall also be subject to indictment,

trial, judgment and punishment according to law. Amended,

November 2, 1982; November 3, 1998

   Sec. 3.  Suspension.  No officer shall exercise the

duties of his office after he has been impeached and before his

acquittal.

   Sec. 4.  Service of impeachment papers.  No person

shall be tried on impeachment before he has been served with a

copy thereof at least 20 days previous to the day set for trial.

   Sec. 5.  Removal of inferior officers.  The

legislature of this state may provide for the removal of

inferior officers for malfeasance or nonfeasance in the

performance of their duties.

   Sec. 6.  Recall. A member of the senate or the house

of representatives, an executive officer of the state identified

in section 1 of article V of the constitution, or a judge of the

supreme court, the court of appeals, or a district court is

subject to recall from office by the voters.  The grounds for

recall of a judge shall be established by the supreme court. 

The grounds for recall of an officer other than a judge are

serious malfeasance or nonfeasance during the term of office in

the performance of the duties of the office or conviction during

the term of office of a serious crime.  A petition for recall

must set forth the specific conduct that may warrant recall.  A

petition may not be issued until the supreme court has

determined that the facts alleged in the petition are true and

are sufficient grounds for issuing a recall petition.  A

petition must be signed by a number of eligible voters who

reside in the district where the officer serves and who number

not less than 25 percent of the number of votes cast for the

office at the most recent general election.  Upon a

determination by the secretary of state that a petition has been

signed by at least the minimum number of eligible voters, a

recall election must be conducted in the manner provided by

law.  A recall election may not occur less than six months

before the end of the officer's term.  An officer who is removed

from office by a recall election or who resigns from office

after a petition for recall issues may not be appointed to fill

the vacancy that is created.  Adopted, November 5, 1996

                           ARTICLE IX

                 AMENDMENTS TO THE CONSTITUTION

   Section 1.  Amendments; ratification.  A majority of

the members elected to each house of the legislature may propose

amendments to this constitution.  Proposed amendments shall be

published with the laws passed at the same session and submitted

to the people for their approval or rejection at a general

election.  If a majority of all the electors voting at the

election vote to ratify an amendment, it becomes a part of this

constitution.  If two or more amendments are submitted at the

same time, voters shall vote for or against each separately.

   Sec. 2.  Constitutional convention.  Two‑thirds of

the members elected to each house of the legislature may submit

to the electors at the next general election the question of

calling a convention to revise this constitution.  If a majority

of all the electors voting at the election vote for a

convention, the legislature at its next session, shall provide

by law for calling the convention.  The convention shall consist

of as many delegates as there are members of the house of

representatives.  Delegates shall be chosen in the same manner

as members of the house of representatives and shall meet within

three months after their election.  Section 5 of Article IV of

the constitution does not apply to election to the convention.

   Sec. 3.  Submission to people of constitution drafted at

convention.  A convention called to revise this constitution

shall submit any revision to the people for approval or

rejection at the next general election held not less than 90

days after submission of the revision.  If three‑fifths of all

the electors voting on the question vote to ratify the revision,

it becomes a new constitution of the state of Minnesota.

                           ARTICLE X

                            TAXATION

   Section 1.  Power of taxation; exemptions; legislative

powers.  The power of taxation shall never be surrendered,

suspended or contracted away.  Taxes shall be uniform upon the

same class of subjects and shall be levied and collected for

public purposes, but public burying grounds, public school

houses, public hospitals, academies, colleges, universities, all

seminaries of learning, all churches, church property, houses of

worship, institutions of purely public charity, and public

property used exclusively for any public purpose, shall be

exempt from taxation except as provided in this section.  There

may be exempted from taxation personal property not exceeding in

value $200 for each household, individual or head of a family,

and household goods and farm machinery as the legislature

determines.  The legislature may authorize municipal

corporations to levy and collect assessments for local

improvements upon property benefited thereby without regard to

cash valuation.  The legislature by law may define or limit the

property exempt under this section other than churches, houses

of worship, and property solely used for educational purposes by

academies, colleges, universities and seminaries of learning.

   Sec. 2.  Forestation.  To encourage and promote

forestation and reforestation of lands whether owned by private

persons or the public, laws may be enacted fixing in advance a

definite and limited annual tax on the lands for a term of years

and imposing a yield tax on the timber and other forest products

at or after the end of the term.

   Sec. 3.  Occupation tax; ores.  Every person engaged

in the business of mining or producing iron ore or other ores in

this state shall pay to the state an occupation tax on the

valuation of all ores mined or produced, which tax shall be in

addition to all other taxes provided by law.  The tax is due on

the first day of May in the calendar year next following the

mining or producing.  The valuation of ore for the purpose of

determining the amount of tax shall be ascertained as provided

by law. Funds derived from the tax shall be used as follows:  50

percent to the state general revenue fund, 40 percent for the

support of elementary and secondary schools and ten percent for

the general support of the university.

   Sec. 4.  Motor fuel taxation.  The state may levy an

excise tax upon any means or substance for propelling aircraft

or for propelling or operating motor or other vehicles or other

equipment used for airport purposes and not used on the public

highways of this state.

   Sec. 5.  Aircraft.  The legislature may tax aircraft

using the air space overlying the state on a more onerous basis

than other personal property.  Any such tax on aircraft shall be

in lieu of all other taxes.  The legislature may impose the tax

on aircraft of companies paying taxes under any gross earnings

system of taxation notwithstanding that earnings from the

aircraft are included in the earnings on which gross earnings

taxes are computed. The law may exempt from taxation aircraft

owned by a nonresident of the state temporarily using the air

space overlying the state.

   Sec. 6.  Taconite taxation.  Laws of Minnesota 1963,

Chapter 81, relating to the taxation of taconite and

semi‑taconite, and facilities for the mining, production and

beneficiation thereof shall not be repealed, modified or

amended, nor shall any laws in conflict therewith be valid until

November 4, 1989.  Laws may be enacted fixing or limiting for a

period not extending beyond the year 1990, the tax to be imposed

on persons engaged in (1) the mining, production or

beneficiation of copper, (2) the mining, production or

beneficiation of copper‑nickel, or (3) the mining, production or

beneficiation of nickel.  Taxes imposed on the mining or

quarrying of taconite or semi‑taconite and on the production of

iron ore concentrates therefrom, which are in lieu of a tax on

real or personal property, shall not be considered to be

occupation, royalty, or excise taxes within the meaning of this

amendment.

   Sec. 7.  Repealed, November 5, 1974

   Sec. 8.  Parimutuel betting. The legislature may

authorize on‑track parimutuel betting on horse racing in a

manner prescribed by law.  Adopted, November 2, 1982

                           ARTICLE XI

                  APPROPRIATIONS AND FINANCES

   Section 1.  Money paid from state treasury.  No money

shall be paid out of the treasury of this state except in

pursuance of an appropriation by law.

   Sec. 2.  Credit of the state limited.  The credit of

the state shall not be given or loaned in aid of any individual,

association or corporation except as hereinafter provided.

   Sec. 3.  Internal improvements prohibited; exceptions. 

The state shall not be a party in carrying on works of

internal improvements except as authorized by this

constitution.  If grants have been made to the state especially

dedicated to specific purposes, the state shall devote the

proceeds of the grants to those purposes and may pledge or

appropriate the revenues derived from the works in aid of their

completion.

   Sec. 4.  Power to contract public debt; public debt

defined.  The state may contract public debts for which its

full faith, credit and taxing powers may be pledged at the times

and in the manner authorized by law, but only for the purposes

and subject to the conditions stated in section 5.  Public debt

includes any obligation payable directly in whole or in part

from a tax of state wide application on any class of property,

income, transaction or privilege, but does not include any

obligation which is payable from revenues other than taxes.

   Sec. 5.  Public debt and works of internal improvement;

purposes.  Public debt may be contracted and works of

internal improvements carried on for the following purposes:

   (a) to acquire and to better public land and buildings and

other public improvements of a capital nature and to provide

money to be appropriated or loaned to any agency or political

subdivision of the state for such purposes if the law

authorizing the debt is adopted by the vote of at least

three‑fifths of the members of each house of the legislature;

   (b) to repel invasion or suppress insurrection;

   (c) to borrow temporarily as authorized in section 6;

   (d) to refund outstanding bonds of the state or any of its

agencies whether or not the full faith and credit of the state

has been pledged for the payment of the bonds;

   (e) to establish and maintain highways subject to the

limitations of article XIV;

   (f) to promote forestation and prevent and abate forest

fires, including the compulsory clearing and improving of wild

lands whether public or private;

   (g) to construct, improve and operate airports and other

air navigation facilities;

   (h) to develop the state's agricultural resources by

extending credit on real estate security in the manner and on

the terms and conditions prescribed by law;

   (i) to improve and rehabilitate railroad rights‑of‑way and

other rail facilities whether public or private, provided that

bonds issued and unpaid shall not at any time exceed

$200,000,000 par value; and

   (j) as otherwise authorized in this constitution.

   As authorized by law political subdivisions may engage in

the works permitted by (f), (g), and (i) and contract debt

therefor.  Amended, November 2, 1982

   Sec. 6.  Certificates of indebtedness.  As authorized

by law certificates of indebtedness may be issued during a

biennium, commencing on July 1 in each odd‑numbered year and

ending on and including June 30 in the next odd‑numbered year,

in anticipation of the collection of taxes levied for and other

revenues appropriated to any fund of the state for expenditure

during that biennium.

   No certificates shall be issued in an amount which with

interest thereon to maturity, added to the then outstanding

certificates against a fund and interest thereon to maturity,

will exceed the then unexpended balance of all money which will

be credited to that fund during the biennium under existing

laws.  The maturities of certificates may be extended by

refunding to a date not later than December l of the first full

calendar year following the biennium in which the certificates

were issued.  If money on hand in any fund is not sufficient to

pay all non‑refunding certificates of indebtedness issued on a

fund during any biennium and all certificates refunding the

same, plus interest thereon, which are outstanding on December 1

immediately following the close of the biennium, the state

auditor shall levy upon all taxable property in the state a tax

collectible in the ensuing year sufficient to pay the same on or

before December 1 of the ensuing year with interest to the date

or dates of payment.

   Sec. 7.  Bonds. Public debt other than certificates

of indebtedness authorized in section 6 shall be evidenced by

the issuance of bonds of the state.  All bonds issued under the

provisions of this section shall mature not more than 20 years

from their respective dates of issue and each law authorizing

the issuance of bonds shall distinctly specify the purposes

thereof and the maximum amount of the proceeds authorized to be

expended for each purpose.  A separate and special state bond

fund shall be maintained on the official books and records. 

When the full faith and credit of the state has been pledged for

the payment of bonds, the state auditor shall levy each year on

all taxable property within the state a tax sufficient with the

balance then on hand in the fund to pay all principal and

interest on bonds issued under this section due and to become

due within the ensuing year and to and including July 1 in the

second ensuing year.  The legislature by law may appropriate

funds from any source to the state bond fund.  The amount of

money actually received and on hand pursuant to appropriations

prior to the levy of the tax in any year shall be used to reduce

the amount of tax otherwise required to be levied.  Amended,

November 3, 1998

   Sec. 8.  Permanent school fund; source; investment;

board of investment. The permanent school fund of the state

consists of (a) the proceeds of lands granted by the United

States for the use of schools within each township, (b) the

proceeds derived from swamp lands granted to the state, (c) all

cash and investments credited to the permanent school fund and

to the swamp land fund, and (d) all cash and investments

credited to the internal improvement land fund and the lands

therein.  No portion of these lands shall be sold otherwise than

at public sale, and in the manner provided by law.  All funds

arising from the sale or other disposition of the lands, or

income accruing in any way before the sale or disposition

thereof, shall be credited to the permanent school fund.  Within

limitations prescribed by law, the fund shall be invested to

secure the maximum return consistent with the maintenance of the

perpetuity of the fund.  The principal of the permanent school

fund shall be perpetual and inviolate forever.  This does not

prevent the sale of investments at less than the cost to the

fund; however, all losses not offset by gains shall be repaid to

the fund from the interest and dividends earned thereafter.  The

net interest and dividends arising from the fund shall be

distributed to the different school districts of the state in a

manner prescribed by law.

   A board of investment consisting of the governor, the state

auditor, the secretary of state, and the attorney general is

constituted for the purpose of administering and directing the

investment of all state funds.  The board shall not permit state

funds to be used for the underwriting or direct purchase of

municipal securities from the issuer or the issuer's agent. 

Amended, November 6, 1984; November 3, 1998

   Sec. 9.  Investment of permanent university fund;

restrictions.  The permanent university fund of this state

may be loaned to or invested in the bonds of any county, school

district, city or town of this state and in first mortgage loans

secured upon improved and cultivated farm lands of this state,

but no such investment or loan shall be made until approved by

the board of investment; nor shall a loan or investment be made

when the bonds to be issued or purchased would make the entire

bonded indebtedness exceed 15 percent of the assessed valuation

of the taxable property of the county, school district, city or

town issuing the bonds; nor shall any farm loan or investment be

made when the investment or loan would exceed 30 percent of the

actual cash value of the farm land mortgaged to secure the

investment; nor shall investments or loans be made at a lower

rate of interest than two percent per annum nor for a shorter

period than one year nor for a longer period than 30 years.

   Sec. 10.  Exchange of public lands; reservation of

rights.  As the legislature may provide, any of the public

lands of the state, including lands held in trust for any

purpose, may be exchanged for any publicly or privately held

lands with the unanimous approval of the governor, the attorney

general and the state auditor.  Lands so acquired shall be

subject to the trust, if any, to which the lands exchanged

therefor were subject.  The state shall reserve all mineral and

water power rights in lands transferred by the state.  Amended,

November 6, 1984

   Sec. 11.  Timber lands set apart as state forests;

disposition of revenue.  School and other public lands of the

state better adapted for the production of timber than for

agriculture may be set apart as state school forests, or other

state forests as the legislature may provide.  The legislature

may also provide for their management on forestry principles. 

The net revenue therefrom shall be used for the purposes for

which the lands were granted to the state.

   Sec. 12.  County, township or municipal aid to railroads

limited.  The legislature shall not authorize any county,

township or municipal corporation to become indebted to aid in

the construction or equipment of railroads to any amount that

exceeds five percent of the value of the taxable property within

that county, township or municipal corporation.  The amount of

taxable property shall be determined by the last assessment

previous to the incurring of the indebtedness.

   Sec. 13.  Safekeeping state funds; security; deposit of

funds; embezzlement.  All officers and other persons charged

with the safekeeping of state funds shall be required to give

ample security for funds received by them and to keep an

accurate entry of each sum received and of each payment and

transfer.  If any person converts 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 Minnesota; or shall deposit in banks or with any person

or persons or exchange for other funds or property, any portion

of the funds of the state or the school funds aforesaid, except

in the manner prescribed by law, every such act shall be and

constitute an embezzlement of so much of the aforesaid state and

school funds, or either of the same, as shall thus be taken, or

loaned, or deposited or exchanged, and shall be a felony.  Any

failure to pay over, produce or account for the state school

funds, or any part of the same entrusted to such officer or

persons as by law required on demand, shall be held and be taken

to be prima facie evidence of such embezzlement.

   Sec. 14.  Environment and natural resources fund. A

permanent environment and natural resources trust fund is

established in the state treasury.  Loans may be made of up to

five percent of the principal of the fund for water system

improvements as provided by law.  The assets of the fund shall

be appropriated by law for the public purpose of protection,

conservation, preservation, and enhancement of the state's air,

water, land, fish, wildlife, and other natural resources.  The

amount appropriated each year of a biennium, commencing on July

1 in each odd‑numbered year and ending on and including June 30

in the next odd‑numbered year, may be up to 5‑1/2 percent of the

market value of the fund on June 30 one year before the start of

the biennium.  Not less than 40 percent of the net proceeds from

any state‑operated lottery must be credited to the fund until

the year 2025.  Adopted, November 8, 1988; Amended, November 6,

1990; November 3, 1998

                          ARTICLE XII

             SPECIAL LEGISLATION; LOCAL GOVERNMENT

   Section 1.  Prohibition of special legislation;

particular subjects.  In all cases when a general law can be

made applicable, a special law shall not be enacted except as

provided in section 2.  Whether a general law could have been

made applicable in any case shall be judicially determined

without regard to any legislative assertion on that subject. 

The legislature shall pass no local or special law authorizing

the laying out, opening, altering, vacating or maintaining of

roads, highways, streets or alleys; remitting fines, penalties

or forfeitures; changing the names of persons, places, lakes or

rivers; authorizing the adoption or legitimation of children;

changing the law of descent or succession; conferring rights on

minors; declaring any named person of age; giving effect to

informal or invalid wills or deeds, or affecting the estates of

minors or persons under disability; granting divorces; exempting

property from taxation or regulating the rate of interest on

money; creating private corporations, or amending, renewing, or

extending the charters thereof; granting to any private

corporation, association, or individual any special or exclusive

privilege, immunity or franchise whatever or authorizing public

taxation for a private purpose.  The inhibitions of local or

special laws in this section shall not prevent the passage of

general laws on any of the subjects enumerated.

   Sec. 2.  Special laws; local government.  Every law

which upon its effective date applies to a single local

government unit or to a group of such units in a single county

or a number of contiguous counties is a special law and shall

name the unit or, in the latter case, the counties to which it

applies.  The legislature may enact special laws relating to

local government units, but a special law, unless otherwise

provided by general law, shall become effective only after its

approval by the affected unit expressed through the voters or

the governing body and by such majority as the legislature may

direct.  Any special law may be modified or superseded by a

later home rule charter or amendment applicable to the same

local government unit, but this does not prevent the adoption of

subsequent laws on the same subject.  The legislature may repeal

any existing special or local law, but shall not amend, extend

or modify any of the same except as provided in this section.

   Sec. 3.  Local government; legislation affecting. The

legislature may provide by law for the creation, organization,

administration, consolidation, division and dissolution of local

government units and their functions, for the change of

boundaries thereof, for their elective and appointive officers

including qualifications for office and for the transfer of

county seats.  A county boundary may not be changed or county

seat transferred until approved in each county affected by a

majority of the voters voting on the question.

   Sec. 4.  Home rule charter.  Any local government

unit when authorized by law may adopt a home rule charter for

its government.  A charter shall become effective if approved by

such majority of the voters of the local government unit as the

legislature prescribes by general law.  If a charter provides

for the consolidation or separation of a city and a county, in

whole or in part, it shall not be effective without approval of

the voters both in the city and in the remainder of the county

by the majority required by law.

   Sec. 5.  Charter commissions.  The legislature shall

provide by law for charter commissions.  Notwithstanding any

other constitutional limitations the legislature may require

that commission members be freeholders, provide for their

appointment by judges of the district court, and permit any

member to hold any other elective or appointive office other

than judicial.  Home rule charter amendments may be proposed by

a charter commission or by a petition of five percent of the

voters of the local government unit as determined by law and

shall not become effective until approved by the voters by the

majority required by law.  Amendments may be proposed and

adopted in any other manner provided by law.  A local government

unit may repeal its home rule charter and adopt a statutory form

of government or a new charter upon the same majority vote as is

required by law for the adoption of a charter in the first

instance.

                          ARTICLE XIII

                     MISCELLANEOUS SUBJECTS

   Section 1.  Uniform system of public schools.  The

stability of a republican form of government depending mainly

upon the intelligence of the people, it is the duty of the

legislature to establish a general and uniform system of public

schools.  The legislature shall make such provisions by taxation

or otherwise as will secure a thorough and efficient system of

public schools throughout the state.

   Sec. 2.  Prohibition as to aiding sectarian school.

In no case shall any public money or property be appropriated or

used for the support of schools wherein the distinctive

doctrines, creeds or tenets of any particular Christian or other

religious sect are promulgated or taught.

   Sec. 3.  University of Minnesota.  All the rights,

immunities, franchises and endowments heretofore granted or

conferred upon the University of Minnesota are perpetuated unto

the university.

   Sec. 4.  Lands taken for public way or use;

compensation; common carriers.  Land may be taken for public

way and for the purpose of granting to any corporation the

franchise of way for public use.  In all cases, however, a fair

and equitable compensation shall be paid for land and for the

damages arising from taking it.  All corporations which are

common carriers enjoying the right of way in pursuance of the

provisions of this section shall be bound to carry the mineral,

agricultural and other productions of manufacturers on equal and

reasonable terms.

   Sec. 5.  Lotteries. The legislature shall not

authorize any lottery or the sale of lottery tickets, other than

authorizing a lottery and sale of lottery tickets for a lottery

operated by the state.  Amended, November 8, 1988

   Sec. 6.  Prohibition of combinations to affect markets. 

Any combination of persons either as individuals or as

members or officers of any corporation to monopolize markets for

food products in this state or to interfere with, or restrict

the freedom of markets is a criminal conspiracy and shall be

punished as the legislature may provide.

   Sec. 7.  No license required to peddle.  Any person

may sell or peddle the products of the farm or garden occupied

and cultivated by him without obtaining a license therefor.

   Sec. 8.  Veterans' bonus. The state may pay an

adjusted compensation to persons who served in the armed forces

of the United States during the period of the Vietnam conflict

or the Persian Gulf War.  Whenever authorized and in the amounts

and on the terms fixed by law, the state may expend monies and

pledge the public credit to provide money for the purposes of

this section.  The duration of the Vietnam conflict and the

Persian Gulf War may be defined by law.  Amended, November 5,

1996

   Sec. 9.  Militia organization.  The legislature shall

pass laws necessary for the organization, discipline and service

of the militia of the state.

   Sec. 10.  Seat of government.  The seat of government

of the state is in the city of St. Paul.  The legislature may

provide by law for a change of the seat of government by a vote

of the people, or may locate the same upon the land granted by

Congress for a seat of government. If the seat of government is

changed, the capitol building and grounds shall be dedicated to

an institution for the promotion of science, literature and the

arts to be organized by the legislature of the state.  The

Minnesota Historical Society shall always be a department of

this institution.

   Sec. 11.  State seal.  A seal of the state shall be

kept by the secretary of state and be used by him officially. 

It shall be called the great seal of the state of Minnesota.

   Sec. 12.  Preservation of hunting and fishing.

Hunting and fishing and the taking of game and fish are a valued

part of our heritage that shall be forever preserved for the

people and shall be managed by law and regulation for the public

good.  Adopted, November 3, 1998

                          ARTICLE XIV

                     PUBLIC HIGHWAY SYSTEM

   Section 1.  Authority of state; participation of

political subdivisions.  The state may construct, improve and

maintain public highways, may assist political subdivisions in

this work and by law may authorize any political subdivision to

aid in highway work within its boundaries.

   Sec. 2.  Trunk highway system.  There is hereby

created a trunk highway system which shall be constructed,

improved and maintained as public highways by the state.  The

highways shall extend as nearly as possible along the routes

number 1 through 70 described in the constitutional amendment

adopted November 2, 1920, and the routes described in any act of

the legislature which has made or hereafter makes a route a part

of the trunk highway system.

   The legislature may add by law new routes to the trunk

highway system.  The trunk highway system may not exceed 12,200

miles in extent, except the legislature may add trunk highways

in excess of the mileage limitation as necessary or expedient to

take advantage of any federal aid made available by the United

States to the state of Minnesota.

   Any route added by the legislature to the trunk highway

system may be relocated or removed from the system as provided

by law.  The definite location of trunk highways numbered 1

through 70 may be relocated as provided by law but no relocation

shall cause a deviation from the starting points or terminals

nor cause any deviation from the various villages and cities

through which the routes are to pass under the constitutional

amendment adopted November 2, 1920.  The location of routes may

be determined by boards, officers or tribunals in the manner

prescribed by law.

   Sec. 3.  County state‑aid highway system.  A county

state‑aid highway system shall be constructed, improved and

maintained by the counties as public highways in the manner

provided by law.  The system shall include streets in

municipalities of less than 5,000 population where necessary to

provide an integrated and coordinated highway system and may

include similar streets in larger municipalities.

   Sec. 4.  Municipal state‑aid street system.  A

municipal state‑aid street system shall be constructed, improved

and maintained as public highways by municipalities having a

population of 5,000 or more in the manner provided by law.

   Sec. 5.  Highway user tax distribution fund.  There

is hereby created a highway user tax distribution fund to be

used solely for highway purposes as specified in this article. 

The fund consists of the proceeds of any taxes authorized by

sections 9 and 10 of this article.  The net proceeds of the

taxes shall be apportioned:  62 percent to the trunk highway

fund; 29 percent to the county state‑aid highway fund; nine

percent to the municipal state‑aid street fund.  Five percent of

the net proceeds of the highway user tax distribution fund may

be set aside and apportioned by law to one or more of the three

foregoing funds.  The balance of the highway user tax

distribution fund shall be transferred to the trunk highway

fund, the county state‑aid highway fund, and the municipal

state‑aid street fund in accordance with the percentages set

forth in this section.  No change in the apportionment of the

five percent may be made within six years of the last previous

change.

   Sec. 6.  Trunk highway fund.  There is hereby created

a trunk highway fund which shall be used solely for the purposes

specified in section 2 of this article and the payment of

principal and interest of any bonds issued under the authority

of section 11 of this article and any bonds issued for trunk

highway purposes prior to July 1, 1957.  All payments of

principal and interest on bonds issued shall be a first charge

on money coming into this fund during the year in which the

principal or interest is payable.

   Sec. 7.  County state‑aid highway fund.  There is

hereby created a county state‑aid highway fund.  The county

state‑aid highway fund shall be apportioned among the counties

as provided by law.  The funds apportioned shall be used by the

counties as provided by law for aid in the construction,

improvement and maintenance of county state‑aid highways.  The

legislature may authorize the counties by law to use a part of

the funds apportioned to them to aid in the construction,

improvement and maintenance of other county highways, township

roads, municipal streets and any other public highways,

including but not limited to trunk highways and municipal

state‑aid streets within the respective counties.

   Sec. 8.  Municipal state‑aid street fund.  There is

hereby created a municipal state‑aid street fund to be

apportioned as provided by law among municipalities having a

population of 5,000 or more.  The fund shall be used by

municipalities as provided by law for the construction,

improvement and maintenance of municipal state‑aid streets.  The

legislature may authorize municipalities to use a part of the

fund in the construction, improvement and maintenance of other

municipal streets, trunk highways, and county state‑aid highways

within the counties in which the municipality is located.

   Sec. 9.  Taxation of motor vehicles.  The legislature

by law may tax motor vehicles using the public streets and

highways on a more onerous basis than other personal property. 

Any such tax on motor vehicles shall be in lieu of all other

taxes thereon, except wheelage taxes imposed by political

subdivisions solely for highway purposes.  The legislature may

impose this tax on motor vehicles of companies paying taxes

under the gross earnings system of taxation notwithstanding that

earnings from the vehicles may be included in the earnings on

which gross earnings taxes are computed.  The proceeds of the

tax shall be paid into the highway user tax distribution fund. 

The law may exempt from taxation any motor vehicle owned by a

nonresident of the state properly licensed in another state and

transiently or temporarily using the streets and highways of the

state.

   Sec. 10.  Taxation of motor fuel.  The legislature

may levy an excise tax on any means or substance used for

propelling vehicles on the public highways of this state or on

the business of selling it.  The proceeds of the tax shall be

paid into the highway user tax distribution fund.

   Sec. 11.  Highway bonds.  The legislature may provide

by law for the sale of bonds to carry out the provisions of

section 2.  The proceeds shall be paid into the trunk highway

fund.  Any bonds shall mature serially over a term not exceeding

20 years and shall not be sold for less than par and accrued

interest.  If the trunk highway fund is not adequate to pay

principal and interest of these bonds when due, the legislature

may levy on all taxable property of the state in an amount

sufficient to meet the deficiency or it may appropriate to the

fund money in the state treasury not otherwise appropriated. 

Amended, November 2, 1982

 

 

 

 

Source:  Minnesota Revisor of Statutes Office