North Dakota Common Schools Trust Fund, Constitutional Measure 1 (2006)

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The North Dakota Common Schools Trust Fund Referendum, also known as Constitutional Measure 1, was on the November 7, 2006 ballot in North Dakota as a legislatively-referred constitutional amendment, where it was approved.[1] The measure required that the common schools and other permanent trust funds be managed to preserve purchasing power and to provide stable distributions to beneficiaries. It also changed the trust fund distributions based on interest and income earned to that based on the fund’s average value, required all revenue produced by a trust fund to be deposited into the fund and provided for paying administrative costs from the respective trusts.[2]

Aftermath

Although North Dakota voters approved Constitutional Measure 1, implementing it still required federal legislation. Section 3 of House Concurrent Resolution No. 3037 states:[3]

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]. [4]

Therefore, The Land Board had to 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 five year average value of the trust funds.[5]

Election results

North Dakota Constitutional Measure 1 (2006)
ResultVotesPercentage
Approveda Yes 128,800 67.23%
No62,77232.77%

Election results via: North Dakota Secretary of State, Official Vote of General Election, 2006

Text of measure

See also: North Dakota Constitution, Article IX, Section 1 and Section 2

Ballot title

The language appeared on the ballot as:[6]

Constitutional Measure No. 1
(House Concurrent Resolution No. 3037, 2005 Session Laws, Ch. 624)

This constitutional measure would amend sections 1 and 2 of Article IX of the North Dakota Constitution.

This measure would require that the common schools and other permanent trust funds be managed to preserve purchasing power and to provide stable distributions to beneficiaries. It would change trust fund distributions based on interest and income earned to that based on the fund’s average value; require all revenue produced by a trust fund to be deposited into the fund; and provide for paying administrative costs from the respective trusts.

YES – This means you approve the measure as summarized above.

NO – This means you reject the measure as summarized above. [4]

Constitutional changes

The measure made the amendments to Section 1 and Section 2 of Article IX of the North Dakota Constitution, the full text of which can be read here.

Path to the ballot

Constitutional Measure 1 was placed on the ballot by action of the 2005 North Dakota Legislative Assembly with the passage of House Concurrent Resolution No. 3037 (2005 Session Laws, Ch. 624).[3]

See also

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