ÆäÀÌÁö À̹ÌÁö
PDF
ePub

not less than thirty days before any regular session of the legislative assembly; he shall transmit the same to the legislative assembly as soon as it convenes. Such initiative measure shall take precedence over all other measures in the legislative assembly except appropriation bills, and shall be either enacted or rejected without change or amend ment by the legislative assembly within forty days. If any such initiative measure shall be enacted by the legislative assembly it shall be subject to referendum petition, or it may be referred by the legislative assembly to the people for approval or rejection. If it is rejected or no action is taken upon it by the legislative assembly within said forty days, the secretary of state shall submit it to the people for approval or rejection at the next ensuing regular general election. The legislative assembly may reject any measure so proposed by initiative petition and propose a different one to accomplish the same purpose, and in any such event both measures shall be submitted by the secretary of state to the people for approval or rejection at the next ensuing regular election. If conflicting measures submitted to the people at the next ensuing election shall be approved by a majority of the votes severally cast for and against the same, the one receiving the highest number of affirmative Votes shall thereby become valid, and the other shall thereby be rejected. The second power is the referendum, or the power to order any act, item, or part of any act to be referred to the people for their approval or rejection at the polls, and it may be ordered (except as to laws necessary for the immediate preservation of the public peace, health Gr safety), as to any measure or any parts, items or sections of any measures passed by the legislative assembly either by a petition signed by ten per cent of the legal voters of the state from a majority of the counties, or by the legislative assembly, if a majority of the members elect vote therefor. When it is necessary for the immediate preservation of the public peace, health or safety that a law shall become effective without delay, such necessity and the facts creating the same shall be stated in one section of the bill, and if upon and no vote in each house two-thirds of all the mem

aye

bers elected to each house shall vote on a separate roll call in favor of the said law going into instant operation for the immediate preservation of the public peace, health or safety, such law shall become operative upon approval by the

governor.

The filing of a referendum petition against one or more items, sections or parts of an act shall not delay the remainder of that act from becoming operative. Referendum petitions against measures passed by the legislative assembly

shall be filed with the secretary of state not more than ninety days after the final adjournment of the session of the legislative assembly which passed the measure on which the referendum is demanded. The veto power of the governor shall not extend to measures referred to the people. All elections on measures referred to the people of the state shall be had at biennial regular elections, except as provision may be made by law for a special election or elections. Any measure referred to the people shall take effect when it is approved by a majority of the votes cast thereon and not otherwise, and shall be in force from the date of the official declaration of the vote.

The enacting clause of all the initiative bills shall be, "Be it enacted by the people of the state of North Dakota." This section shall not be construed to deprive any member of the legislative assembly of the right to introduce any measure. The whole number of votes for secretary of state at the regular election last preceding the filing of any petition for the initiative or for the referendum shall be the basis on which the number of legal voters necessary to sign such petition shall be counted.

Petitions and orders for the initiative and for the referendum shall be filed with the secretary of state, and in submitting the same to the people he and all other officers shall be guided by the general laws and the act submitting this amendment until legislation shall be specially provided therefor.

This amendment shall be self executing, but legislation may be enacted to facilitate its operation.

Initiative and Referendum-Constitution.

Chap. 89 (S. B. 153—Gibbens) 1911 Session Laws.
Chap. 98 (S. B. 73-Gibbens) 1913 Session Law.s

A CONCURRENT RESOLUTION Amending the Constitution of State of North Dakota, Providing for the Future Amendment Thereof.

Be it Resolved by the Senate of the State of North Dakota, the House of Representatives Concurring:

§ 1. That the following proposed amendment to section 202 of article 15 of the constitution of the State of North Dakota, be referred to the legislative assembly to be chosen at the next general election in the State of North Dakota, to be, if approved, by said last mentioned legislative assembly, submitted to the qualified electors of the state for ap

proval or rejection in accordance with the provisions of section 202 of the constitution of the State of North Dakota.

AMENDMENT.]

Article 15, section 202, of the constitution of the State of North Dakota is amended so as to read as follows:

§ 202. This constitution may be amended so as to read as follows:

First: Any amendment or amendments to this constitution may be proposed in either house of the legislative assembly; and if the same shall be agreed to by a majority of the members elected to each of the two houses, such pro posed amendment shall be entered on the journal of the house with the yeas and nays taken thereon, and referred tɔ the legislative assembly to be chosen at the next general election, and shall be published, as provided by law, for three months previous to the time of making such choice, and if in the legislative assembly so next chosen as aforesaid such proposed amendment or amendments shall be agreed to by a majority of all members elected to each house, then it shall be the duty of the legislative assembly to submit such proposed amendment or amendments to the people in such manner and at such times as the legislative assembly shall provide; and if the people shall approve and ratify such amendment or amendments by a majority of the electors qualified to vote for members of the legislative assembly voting thereon, such amendment or amendments shall become a part of the constitution of this state. If two or more amendments shall be submitted at the same time, they shall be submitted in such manner that the electors shall vote for or against each of such amendments separately.

Second. Any amendment or amendments to this constitution may also be proposed by the people by the filing with the secretary of state, at least six months previous to a general election, of an initiative petition containing the signatures of at least twenty-five per cent of the legal voters in each of not less than one-half of the counties of the state. When such petition has been properly filed the proposed amendment or amendments shall be published as the legislature may provide, for three months previous to the general election, and shall be placed upon the ballot to be voted upon by the people at the next general election. Should any such amendment or amendments proposed by initiative petition and submitted to the people receive a majority of all the legal votes cast at such general election, such amendment or amendments shall be referred to the next legislative assembly and should such proposed amendment or

amendments be agreed upon by a majority of all the members elected to each house, such amendment or amendments shall become a part of the constitution of this state. Should any amendment or amendments proposed by initiative petition and receiving a majority of all the votes cast at the general election as herein provided, but failing to receive approval by the following legislative assembly to which it has been referred, such amendment or amendments shall again be submitted to the people at the next general election for their approval or rejection as at the previous general election. Should such amendment or amendments receive a majority of all the legal votes cast at such succeeding gen. eral election such amendment or amendments at once become a part of the constitution of this state. Any amendment or amendments proposed by initiative petition and failing of adoption as herein provided, shall not be again considered until the expiration of six years.

Changing Name of the State Blind Asylum.

Chap. 97 (H. B. 78-O'Connor) 1911 Session Laws.
Chap. 95 (S. B. 219-Ganssle) 1913 Session Laws.

A CONCURRENT RESOLUTION.

To Amend Section 216 of the Constitution of the State of North Dakota, Pertaining to Public Institutions.

Be It Resolved by the Senate of the State of North Dakota. the House of Representatives Concurring Therein:

That the following proposed amendment to the Constitu tion of the State of North Dakota adopted by the Twelfth Legislative Assembly and by it referred to the Thirteenth Legislative Assembly for approval or rejection, is hereby agreed to and such amendment shall be submitted to the qualified electors of the state at the next general election for approval or rejection in accordance with the provisions of Section 202 of the Constitution of the State of North Dakota:

AMENDMENT.] That Section 216 of the Constitution of the State of North Dakota is amended to read as follows:

The following named public instituions are hereby permanently located as hereinafter provided, each to have so much of the remaining grant of one hundred and seventy thousand acres of land made by the United States for "Other

Educational and Charitable Institutions," as is allotted by law, viz.:

First. A soldiers' home, when located, or such other charitable institution as the Legislative Assembly may determine, at Lisbon, in the County of Ransom, with a grant of forty thousand acres of land.

Second. The school for the blind of North Dakota, at Bathgate, in the County of Pembina, with a grant of thirty thousand acres.

Third. An industrial school and school for manual training or such other educational or charitable institution as the Legislative Assembly may provide at the town of Ellendale, in the County of Dickey with a grant of forty thousand acres.

Fourth. A school of Forestry, or such other institution as the Legislative Assembly may determine, at the city of Bottineau, in the County of Bottineau.

Fifth. A scientific school, or such other educational or charitable institution as the Legislative Assembly may prescribe, at the City of Wahpeton, County of Richland, with a grant of forty thousand acres.

Sixth. A state normal school at the City of Minot, in the County of Ward; provided, that no other institution, of a character similar to any one of those located by this Article, shall be established or maintained without a revision of this Constitution.

Approved March 10, 1913.

STATE AID FOR HIGHWAYS

Chap. 91 (S. B. 247-Welo) 1911 Session Laws.
Chap. 100 (S. B. 67-Albrecht) 1913 Session Laws.
A CONCURRENT RESOLUTION.

Amending Section 185 of the Constitution of the State of North Dakota, Relating to State Aid in the Construction and Improvement of Public Highways.

Be It Resolved by the Senate of the State of North Dakota, the House of Representatives Concurring:

The following proposed amendment to the Constitution of the State of North Dakota adopted by the Twelth Legis

« ÀÌÀü°è¼Ó »