0N-8 EDUCATION AND SCHOOL LANDS

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\r\nARTICLE VIII\r\n\r\n

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\r\nEDUCATION AND SCHOOL LANDS\r\n\r\n

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\r\n\r\n\r\n 1.\r\n    \r\nUniform system of free public schools.\r\n\r\n
\r\n\r\n\r\n 2.\r\n    \r\nPerpetual trust fund for maintenance of public schools--Principal inviolate.\r\n\r\n
\r\n\r\n\r\n 3.\r\n    \r\nFund income apportioned among schools--Apportionment of fines.\r\n\r\n
\r\n\r\n\r\n 4.\r\n    \r\nSale of school lands--Appraisal.\r\n\r\n
\r\n\r\n\r\n 5.\r\n    \r\nTerms of sale of school lands.\r\n\r\n
\r\n\r\n\r\n 6.\r\n    \r\nConduct of sales of school lands--Conveyance of right or title.\r\n\r\n
\r\n\r\n\r\n 7.\r\n    \r\nPerpetual trust fund from proceeds of grants and gifts.\r\n\r\n
\r\n\r\n\r\n 8.\r\n    \r\nAppraisal and sale of donated lands--Separate accounts.\r\n\r\n
\r\n\r\n\r\n 9.\r\n    \r\nLease of school lands.\r\n\r\n
\r\n\r\n\r\n10.\r\n    \r\nTrespassers' claims to public lands not recognized--Improvements not compensated.\r\n\r\n
\r\n\r\n\r\n11.\r\n    \r\nInvestment of permanent educational funds.\r\n\r\n
\r\n\r\n\r\n12.\r\n    \r\nDisapproval by Governor of sale, lease or investment.\r\n\r\n
\r\n\r\n\r\n13.\r\n    \r\nAudit of losses to permanent educational funds--Permanent debt--Interest.\r\n\r\n
\r\n\r\n\r\n14.\r\n    \r\nProtection and defense of school lands.\r\n\r\n
\r\n\r\n\r\n15.\r\n    \r\nTaxation to support school system--Classification of property.\r\n\r\n
\r\n\r\n\r\n16.\r\n    \r\nPublic support of sectarian instruction prohibited.\r\n\r\n
\r\n\r\n\r\n17.\r\n    \r\nInterest in sale of school equipment prohibited.\r\n\r\n
\r\n\r\n\r\n18.\r\n    \r\nApportionment of mineral leasing moneys--Amounts covered into permanent funds.\r\n\r\n
\r\n\r\n\r\n19.\r\n    \r\nMineral rights reserved to state--Leases permitted.\r\n\r\n
\r\n20.\r\n    \r\nLoan of nonsectarian textbooks to all school children.

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\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 1.\r\n \r\n\r\n\r\nUniform system of free public schools.\r\n \r\nThe stability of a republican form of\r\ngovernment depending on the morality and intelligence of the people, it shall be the duty of the\r\nLegislature to establish and maintain a general and uniform system of public schools wherein\r\ntuition shall be without charge, and equally open to all; and to adopt all suitable means to secure\r\nto the people the advantages and opportunities of education.

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\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 2.\r\n \r\n\r\n\r\nPerpetual trust fund for maintenance of public schools--Principal inviolate.\r\n \r\nAll\r\nproceeds of the sale of public lands that have heretofore been or may hereafter be given by the\r\nUnited States for the use of public schools in the state; all such per centum as may be granted by\r\nthe United States on the sales of public lands; the proceeds of all property that shall fall to the\r\nstate by escheat; the proceeds of all gifts or donations to the state for public schools or not\r\notherwise appropriated by the terms of the gift; and all property otherwise acquired for public\r\nschools, shall be and remain a perpetual fund for the maintenance of public schools in the state. It\r\nshall be deemed a trust fund held by the state. The principal shall never be diverted by legislative\r\nenactment for any other purpose, and may be increased; but, if any loss occurs through any\r\nunconstitutional act, the state shall make the loss good through a special appropriation.
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\r\n\r\n\r\n History: Amendment proposed by SL 1975, ch 4, rejected Nov. 2, 1976; amendment proposed\r\nby SL 1998, ch 3, rejected Nov. 3, 1998; amendment proposed by SL 2000, ch 1, § 2, approved\r\nNov. 7, 2000.\r\n\r\n

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\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 3.\r\n \r\n\r\n\r\nFund income apportioned among schools--Apportionment of fines.\r\n \r\nThe interest and\r\nincome of this fund together with all other sums which may be added thereto by law, shall be\r\nfaithfully used and applied each year for the benefit of the public schools of the state, and shall be\r\nfor this purpose apportioned among and between all the several public school corporations of the\r\nstate in proportion to the number of children in each, of school age, as may be fixed by law; and\r\nno part of the fund, either principal or interest, shall ever be diverted, by legislative enactment,\r\neven temporarily, from this purpose or used for any other purpose whatever than the maintenance\r\nof public schools for the equal benefit of all the people of the state. However, before the interest\r\nand income is apportioned to the public schools, the principal shall be increased each year by an\r\namount equal to the rate of inflation from the interest and income earned from this fund. The\r\nprincipal may be prudently invested as provided by law.
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\r\n The proceeds of all fines collected from violations of state laws shall be paid to the county\r\ntreasurer of the county in which the fine was imposed, and distributed by the county treasurer among\r\nand between all of the several public schools incorporated in such county in proportion to the number\r\nof children in each, of school age, as may be fixed by law.
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\r\n\r\n\r\n History: Amendment proposed by SL 1929, ch 84, approved Nov., 1930; amendment proposed by\r\nSL 1941, ch 321, rejected Nov., 1942; amendment proposed by SL 1970, ch 5, rejected Nov. 3, 1970;\r\namendment proposed by SL 1975, ch 4, rejected Nov. 2, 1976; amendment proposed by SL 1982,\r\nch 4, approved Nov. 2, 1982; amendment proposed by SL 1998, ch 3, rejected Nov. 3, 1998;\r\namendment proposed by SL 2000, ch 1, § 3, approved Nov. 7, 2000.\r\n\r\n

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\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 4.\r\n \r\n\r\n\r\nSale of school lands--Appraisal.\r\n \r\nAfter one year from the assembling of the first\r\nLegislature, the lands granted to the state by the United States for the use of public schools may\r\nbe sold upon the following conditions and no other: not more than one-third of all such lands\r\nshall be sold within the first five years, and no more than two-thirds within the first fifteen years\r\nafter the title thereto is vested in the state, and the Legislature shall, subject to the provisions of\r\nthis article, provide for the sale of the same.
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\r\nThe commissioner of school and public lands, the state auditor and the county superintendent\r\nof schools of the counties severally, shall constitute boards of appraisal and shall appraise all school\r\nlands within the several counties which they may from time to time select and designate for sale, at\r\ntheir actual value under the terms of sale.
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\r\nThey shall take care to first select and designate for sale the most valuable lands; and they shall\r\nascertain all such lands as may be of special and peculiar value, other than agricultural, and cause\r\nthe proper subdivision of the same in order that the largest price may be obtained therefor.
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\r\n\r\n\r\n History: Amendment proposed by SL 1970, ch 5, rejected Nov. 3, 1970; amendment proposed by\r\nSL 1975, ch 4, rejected Nov. 2, 1976; amendment proposed by SL 1984, ch 1, rejected Nov. 6, 1984.\r\n\r\n

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\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 5.\r\n \r\n\r\n\r\nTerms of sale of school lands.\r\n \r\nNo land shall be sold for less than the appraised value,\r\nand in no case for less than ten dollars per acre. The purchaser shall pay at least one-tenth of the\r\npurchase price in cash. The Legislature shall provide by general law for payment of the balance\r\nwhich shall be made in partial payments and must be fully paid up within thirty years. Interest\r\nshall be established by the Legislature. All lands may be sold for cash, provided further, that the\r\npurchaser or purchasers shall have the right or option of paying the balance in whole or in part on\r\nany interest paying date, under such rules as the Legislature may provide. No land shall be sold\r\nuntil appraised and advertised and offered for sale at public auction. No land can be sold except\r\nat public sale.
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\r\nSuch lands as shall not have been specially subdivided shall be offered in tracts of not more than\r\neighty acres and these subdivided into the smallest division of the lands designated for sale and not\r\nsold within two years after their appraisal shall be reappraised by the board of appraisers as\r\nhereinafter provided before they are sold.
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\r\n\r\n\r\n History: Amendment proposed by SL 1913, ch 130, approved Nov., 1914; amendment proposed\r\nby SL 1917, ch 160, approved Nov., 1918; amendments proposed by SL 1968, ch 224, rejected Nov.\r\n5, 1968; amendment proposed by SL 1970, ch 5, rejected Nov. 3, 1974; amendment proposed by SL\r\n1975, ch 4, rejected Nov. 2, 1976; amendment proposed by SL 1982, ch 4, approved Nov. 2, 1982.\r\n\r\n

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\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 6.\r\n \r\n\r\n\r\nConduct of sales of school lands--Conveyance of right or title.\r\n \r\nAll sales shall be\r\nconducted through the office of the commissioner of school and public lands as may be\r\nprescribed by law, and returns of all appraisals and sales shall be made to said office. No sale\r\nshall operate to convey any right or title to any lands for sixty days after the date thereof, nor\r\nuntil the same shall have received the approval of the Governor in such form as may be provided\r\nby law. No grant or patent for any such lands shall issue until final payment be made.
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\r\n\r\n\r\n History: Repeal proposed by SL 1975, ch 4, rejected Nov. 2, 1976; amendment proposed by SL\r\n1984, ch 1, rejected Nov. 6, 1984.\r\n\r\n

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\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 7.\r\n \r\n\r\n\r\nPerpetual trust fund from proceeds of grants and gifts.\r\n \r\nAll lands, money, or other\r\nproperty donated, granted, or received from the United States or any other source for a university,\r\nagricultural college, normal schools, or other educational or charitable institution or purpose, and\r\nthe proceeds of all such lands and other property so received from any source, shall be and\r\nremain perpetual funds, the interest and income of which, together with the rents of all such lands\r\nas may remain unsold, shall be inviolably appropriated and applied to the specific objects of the\r\noriginal grants or gifts. The principal of every such fund may be increased, but shall never be\r\ndiverted by legislative enactment for any other purpose, and the interest and income only shall be\r\nused. Every such fund shall be deemed a trust fund held by the state, and the state shall make\r\ngood all losses that may occur through any unconstitutional act or where required under the\r\nEnabling Act.
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\r\n\r\n\r\n History: Amendment proposed by SL 1941, ch 320, rejected Nov., 1942; repeal proposed by SL\r\n1975, ch 4, rejected Nov. 2, 1976; amendment proposed by SL 1998, ch 3, rejected Nov. 3, 1998;\r\namendment proposed by SL 2000, ch 1, § 4, approved Nov. 7, 2000.\r\n\r\n

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\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 8.\r\n \r\n\r\n\r\nAppraisal and sale of donated lands--Separate accounts.\r\n \r\nAll lands mentioned in the\r\npreceding section shall be appraised and sold in the same manner and by the same officers and\r\nboards under the same limitations, and subject to all the conditions as to price, sale and approval,\r\nprovided above for the appraisal and sale of lands for the benefit of public schools, but a distinct\r\nand separate account shall be kept by the proper officers of each of such funds.
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\r\n\r\n\r\n History: Repeal proposed by SL 1975, ch 4, rejected Nov. 2, 1976.\r\n\r\n

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§ 9. Lease of school lands. The lands mentioned in this article shall be leased for pasturage, meadow, farming, the growing of crops of grain and general agricultural purposes, and at public auction after notice as herein before provided in case of sale and shall be offered in tracts not greater than one section. All rents shall be payable annually in advance, and no term of lease shall exceed five years, nor shall any lease be valid until it receives the approval of the Governor.

Provided, that any lessee of school and public lands shall, at the expiration of a five-year lease, be entitled, at his option, to a new lease for the land included in his original lease, for a period of time not exceeding five years, without public advertising, at the current rental prevailing in the county in which such land is situated, at the time of the issuance of the new lease. The commissioner of school and public lands shall notify by registered mail each lessee or assignee on or before the first day of November first preceding the expiration of his lease that such lease will expire.

Such option shall be exercised by the lessee by notifying the commissioner of school and public lands by registered mail, on or before the first day of December first preceding the expiration of his lease describing the lands for which he desires a new lease, in the same manner as the same is described in his original lease.

The Legislature may provide by appropriate legislation for the payment of local property taxes by the lessees of school and public lands.

History: Amendment proposed by SL 1909, ch 18, approved Nov., 1910; amendment proposed by SL 1915, ch 232, rejected Nov., 1916; amendment proposed by SL 1947, ch 252, approved Nov., 1948; repeal proposed by SL 1975, ch 4, rejected Nov. 2, 1976; amendment proposed by SL 1984, ch 1, rejected Nov. 6, 1984; amendment proposed by SL 1993, ch 3, §§ 1 and 2, approved Nov. 8, 1994; amendment proposed by SL 2023, ch 2, § 17, rejected Nov. 5, 2024.

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 10.\r\n \r\n\r\n\r\nTrespassers' claims to public lands not recognized--Improvements not compensated.\r\n\r\n\r\nNo claim to any public lands by any trespasser thereon by reason of occupancy, cultivation or\r\nimprovement thereof, shall ever be recognized; nor shall compensation ever be made on account\r\nof any improvements made by such trespasser.
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\r\n\r\n\r\n History: Repeal proposed by SL 1975, ch 4, rejected Nov. 2, 1976.\r\n\r\n

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\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 11.\r\n \r\n\r\n\r\nInvestment of permanent educational funds.\r\n \r\nExcept as otherwise required by the\r\nEnabling Act, the moneys of the permanent school and other educational and charitable funds\r\nshall be invested by the state investment council in stocks, bonds, mutual funds, and other\r\nfinancial instruments as provided by law.
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\r\n\r\n\r\n History: Amendment proposed by SL 1901, ch 88, approved Nov., 1902; amendment proposed\r\nby SL 1903, ch 99, approved Nov., 1904; amendment proposed by SL 1941, ch 319, rejected\r\nNov., 1942; amendment proposed by SL 1943, ch 263, rejected Nov., 1944; amendment\r\nproposed by SL 1949, ch 239, rejected Nov., 1950; amendment proposed by SL 1951, ch 293,\r\napproved Nov. 4, 1952; amendment proposed by SL 1968, ch 225, approved Nov. 5, 1968; repeal\r\nproposed by SL 1975, ch 4, rejected Nov. 2, 1976; amendment proposed by SL 1978, ch 2,\r\nrejected Nov. 7, 1978; amendment proposed by SL 1984, ch 1, rejected Nov. 6, 1984;\r\namendment proposed by SL 1993, ch 4, §§ 1 and 2, rejected Nov. 8, 1994; amendment proposed\r\nby SL 1996, ch 1, §§ 1 and 2 (Senate Joint Resolution 001), approved Nov. 5, 1996; amendment\r\nproposed by SL 1998, ch 3, rejected Nov. 3, 1998; amendment proposed by SL 2000, ch 1, § 5,\r\napproved Nov. 7, 2000.\r\n\r\n

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\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 13.\r\n \r\n\r\n\r\nAudit of losses to permanent educational funds--Permanent debt--Interest.\r\n \r\nThe\r\npermanent school or other educational and charitable funds of this state shall be audited by the\r\nproper authorities of the state. If any loss occurs through any unconstitutional act, the state shall\r\nmake the loss good through a special appropriation. The amount of indebtedness so created shall\r\nnot be counted as a part of the indebtedness mentioned in article XIII, 2.
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\r\n\r\n\r\n History: Repeal proposed by SL 1975, ch 4, rejected Nov. 2, 1976; amendment proposed by SL\r\n1998, ch 3, rejected Nov. 3, 1998; amendment proposed by SL 2000, ch 1, § 6, approved Nov. 7,\r\n2000.\r\n\r\n

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\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 14.\r\n \r\n\r\n\r\nProtection and defense of school lands.\r\n \r\nThe Legislature shall provide by law for the\r\nprotection of the school lands from trespass or unlawful appropriation, and for their defense\r\nagainst all unauthorized claims or efforts to divert them from the school fund.
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\r\n\r\n\r\n History: Repeal proposed by SL 1975, ch 4, rejected Nov. 2, 1976.\r\n\r\n

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\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 15.\r\n \r\n\r\n\r\nTaxation to support school system--Classification of property.\r\n \r\nThe Legislature shall\r\nmake such provision by general taxation and by authorizing the school corporations to levy such\r\nadditional taxes as with the income from the permanent school fund shall secure a thorough and\r\nefficient system of common schools throughout the state. The Legislature is empowered to\r\nclassify properties within school districts into separate classes for purposes of school taxation.\r\nTaxes shall be uniform on all property in the same class.
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\r\n\r\n\r\n History: Amendment proposed by SL 1929, ch 85, approved Nov., 1930; amendment proposed\r\nby SL 1964, ch 174, rejected Nov. 3, 1964; amendment proposed by SL 1965, ch 275, approved\r\nNov. 8, 1966; amendment proposed by SL 1998, ch 2, rejected Nov. 3, 1998; initiated measure\r\nproposed by SL 1998, ch 332, rejected Nov. 3, 1998; amendment proposed SL 1999, ch 1, §§ 1,\r\n2, approved Nov. 7, 2000.\r\n\r\n

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\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 16.\r\n \r\n\r\n\r\nPublic support of sectarian instruction prohibited.\r\n \r\nNo appropriation of lands, money\r\nor other property or credits to aid any sectarian school shall ever be made by the state, or any\r\ncounty or municipality within the state, nor shall the state or any county or municipality within\r\nthe state accept any grant, conveyance, gift or bequest of lands, money or other property to be\r\nused for sectarian purposes, and no sectarian instruction shall be allowed in any school or\r\ninstitution aided or supported by the state.

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\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 18.\r\n \r\n\r\n\r\nApportionment of mineral leasing moneys--Amounts covered into permanent funds.\r\n\r\n\r\nNotwithstanding the provisions of §§ 2, 3 and 7 of article VIII of this Constitution, moneys\r\nreceived from the leasing of all common school, indemnity, and endowment lands for oil and gas\r\nand other mineral leasing of said lands shall be apportioned among the public schools and the\r\nvarious state institutions in such manner that the public schools and each of such institutions\r\nshall receive an amount which bears the same ratio to the total amount apportioned as the number\r\nof acres (including any that may have been disposed of) granted for such public schools or for\r\nsuch institutions bears to the total number of acres (including any that may have been disposed\r\nof) granted in trust to the state by the Enabling Act approved February 22, 1889, as amended, and\r\nallocations authorized pursuant to the provisions of § 17 of such Enabling Act; and further that\r\nnot less than fifty percent of each such amount so allocated shall be covered into the permanent\r\nfund of the public schools and each of such institutions.
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\r\n\r\n\r\n History: Section proposed by SL 1953, ch 310, adopted Nov., 1954; repeal proposed by SL\r\n1975, ch 4, rejected Nov. 2, 1976.\r\n\r\n

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\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 19.\r\n \r\n\r\n\r\nMineral rights reserved to state--Leases permitted.\r\n \r\nAll gas, coal, oil and mineral\r\nrights, and any other rights, as specified by law, to or in public lands, are reserved for the state.\r\nLeases may be executed by the state for the exploration, extraction and sale of such materials in\r\nthe manner and with such conditions as are provided by law.
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\r\n\r\n\r\n History: Section proposed by SL 1978, ch 1, approved Nov. 7, 1978.\r\n\r\n

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\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 20.\r\n \r\n\r\n\r\nLoan of nonsectarian textbooks to all school children.\r\n \r\nNotwithstanding the\r\nprovisions of section 3, Article VI and section 16, Article VIII, the Legislature may authorize the\r\nloaning of nonsectarian textbooks to all children of school age.
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\r\n\r\n\r\n History: Section proposed by SL 1986, ch 3, approved Nov. 4, 1986; amendment proposed by\r\nSL 2004, ch 1, § 2, rejected Nov. 2, 2004.\r\n\r\n

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