Minnesota State Constitution

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] 

Sec. 15. Outdoor heritage, clean water,
parks and trails, and arts and cultural heritage; sales tax dedicated
funds. Beginning July 1, 2009, until June 30, 2034, the sales and use
tax rate shall be increased by three-eighths of one percent on sales
and uses taxable under the general state sales and use tax law.
Receipts from the increase, plus penalties and interest and reduced by
any refunds, are dedicated, for the benefit of Minnesotans, to the
following funds: 33 percent of the receipts shall be deposited in the
outdoor heritage fund and may be spent only to restore, protect, and
enhance wetlands, prairies, forests, and habitat for fish, game, and
wildlife; 33 percent of the receipts shall be deposited in the clean
water fund and may be spent only to protect, enhance, and restore water
quality in lakes, rivers, and streams and to protect groundwater from
degradation, and at least five percent of the clean water fund must be
spent only to protect drinking water sources; 14.25 percent of the
receipts shall be deposited in the parks and trails fund and may be
spent only to support parks and trails of regional or statewide
significance; and 19.75 percent shall be deposited in the arts and
cultural heritage fund and may be spent only for arts, arts education,
and arts access and to preserve Minnesota’s history and cultural
heritage. An outdoor heritage fund; a parks and trails fund; a clean
water fund and a sustainable drinking water account; and an arts and
cultural heritage fund are created in the state treasury. The money
dedicated under this section shall be appropriated by law. The
dedicated money under this section must supplement traditional sources
of funding for these purposes and may not be used as a substitute. Land
acquired by fee with money deposited in the outdoor heritage fund under
this section must be open to the public taking of fish and game during
the open season unless otherwise provided by law. If the base of the
sales and use tax is changed, the sales and use tax rate in this
section may be proportionally adjusted by law to within one-thousandth
of one percent in order to provide as close to the same amount of
revenue as practicable for each fund as existed before the change to
the sales and use tax. [Adopted, November 4, 2008] 

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. 13. Motor vehicle sales tax allocation. The revenue
apportioned in section 12 must be allocated for the following
transportation purposes: not more than 60 percent must be deposited in
the highway user tax distribution fund, and not less than 40 percent
must be deposited in a fund dedicated solely to public transit
assistance as defined by law. [Adopted, November 7, 2006]