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51 N.D. L. Rev. 855 (1974-1975)
The Legislative/Administrative Dichotomy and the Use of the Initiative and Referendum in a North Dakota Home Rule City

handle is hein.journals/nordak51 and id is 855 raw text is: THE LEGISLATIVE/ADMINISTRATIVE DICHOTOMY AND THE USE OF THE INITIATIVE AND REFERENDUM IN A NORTH DAKOTA HOME RULE CITY I. INTRODUCTION On November 8, 1966, the voters of North Dakota approved the 84th amendment to the Constitution of the State of North Dakota by a vote of 84,255 yes votes and 77,187 no votes.' This meas- ure amended Section 130 of the North Dakota Constitution to pro- vide for home rule for cities and villages in North Dakota.2 One author notes that this . . . amendment to Article 6 of the Constitution of North Dakota is not self-executing procedurally or substantively; the legislature is directed to provide procedures for municipali- ties to adopt home rule charters and authorized to devolve substantive powers. This type of provision is called permis- sive home rule, because the constitution does not devolve power directly but merely permits the legislature to grant home rule power.3 The fortieth session of the Legislative Asembly of the State of North Dakota meeting in 1967 did not pass the necessary imple- menting legislation required by Section 130. It did, however, pass House Concurrent Resolution A which submitted to the voters a package of measures to revise or amend some twenty-three sec- 1. 1967 N.D. Sess. Laws, Ch. 510, P. 1210. 2. Id. Section 130 now reads as follows: SECTION 130. Except in the case of home rule cities and villages as pro- vided in this section the legislative assembly shall provide by general law for the organization of municipal corporations, restricting their powers as to levying taxes and assessments, borrowing money, and contracting debts. Money raised by taxation, loan or assessment for any purpose shall not be diverted to any other purpose except by authority of law. The legislative assembly shall provide by law for the establishment of home rule in cities and villages. It may authorize such cities and villages to exercise all or a portion of any power or function which the legislative as- sembly has power to devolve upon a non-home rule city or village, not denied to such city or village by Its own home rile charter and which is not denied, to all home rule cities and villages by statute. The legislative assembly shall not be restricted in granting of home rule Powers to home rule cities and villages by Section 183 of this constitution. N.D. CONST., art. VI, 130. Section 183 sets debt limitations on political subdivisions. 3. Schwabacher, The Seamless Web: A Critical Analysis of the Municipal Corporations Article of the North Dakota Constitution and the Proposed Amendment of it in Light of Other Variants of the Fordham Formula for Home Rule, 44 N.D. L. Rav. 370, 389 (1968).

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