Constitutional Change

On November 7, 2006, North Dakota voters passed the Constitutional change. Approximately 67% of voters voted Yes on this measure, while 33% voted No.

Although North Dakota voters have approved the Constitutional change, implementing it still requires federal legislation. Section 3 of House Concurrent Resolution No. 3037 states:

If approved by the voters, this measure becomes effective on the July first following the date on which the attorney general certifies to the secretary of state that the United States Congress has by amendment removed all inconsistent provisions found in the 1889 Enabling Act [Act of Feb. 22, 1889, ch. 180, 25 Stat. 676] and the 1862 Morrill Act [Act of July 2, 1862, ch. 130, 12 Stat. 503; 7 U.S.C. §§ 301- 308].

Therefore, The Land Board must now go to the United States Congress and ask that they amend the 1889 Enabling Act and the 1862 Morrill Act to remove language that limits distributions from the permanent educational trust funds to “interest and income” and to allow for a distribution method that is based on the 5-year average value of the trust funds.

The Commissioner will be working with the Land Board and with North Dakota’s congressional delegation over the next few months to craft and introduce federal legislation that will allow North Dakota to implement the Constitutional change.

If Congress does not make the necessary changes, the constitutional change will not be implemented and distributions from the trust funds will continue to be based on the interest and income generated by each trust fund. Although the Commissioner can not be certain that federal legislation will be approved, he is confident that Congress will agree with the will of North Dakota voters.

If Congress makes the necessary changes, the constitutional change will be implemented during either the 2007-2009 biennium or the 2009-2011 biennium. When it is implemented will be determined by how long it takes to get the legislation passed by Congress and certified by the Attorney General.

For further information about the Constitutional Change, click here.