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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
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