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PREAMBLE
Invoking the guidance of Almighty God, in order to secure and
perpetuate the blessing of liberty; to secure just and rightful
government; to promote our mutual welfare and happiness, we, the
people of the State of Oklahoma, do ordain and establish this
Constitution.
ARTICLE I - Federal Relations
SECTION I-1. Supreme law of land.
The State of Oklahoma is an inseparable part of the Federal
Union, and the Constitution of the United States is the supreme law
of the land.
SECTION I-2. Religious liberty - Polygamous or plural marriages.
Perfect toleration of religious sentiment shall be secured, and
no inhabitant of the State shall ever be molested in person or
property on account of his or her mode of religious worship; and no
religious test shall be required for the exercise of civil or
political rights. Polygamous or plural marriages are forever
prohibited.
SECTION I-3. Unappropriated public lands - Indian lands -
Jurisdiction of United States.
The people inhabiting the State do agree and declare that they
forever disclaim all right and title in or to any unappropriated
public lands lying within the boundaries thereof, and to all lands
lying within said limits owned or held by any Indian, tribe, or
nation; and that until the title to any such public land shall have
been extinguished by the United States, the same shall be and remain
subject to the jurisdiction, disposal, and control of the United
States. Land belonging to citizens of the United States residing
without the limits of the State shall never be taxed at a higher rate
than the land belonging to residents thereof. No taxes shall be
imposed by the State on lands or property belonging to or which may
hereafter be purchased by the United States or reserved for its use.
SECTION I-4. Territorial debts and liabilities.
The debts and liabilities of the Territory of Oklahoma are hereby
assumed, and shall be paid by the State.
SECTION I-5. Public schools - Separate schools.
Provisions shall be made for the establishment and maintenance of
a system of public schools, which shall be open to all the children
of the state and free from sectarian control; and said schools shall
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always be conducted in English: Provided, that nothing herein shall
preclude the teaching of other languages in said public schools.
Amended by State Question No. 526, Legislative Referendum No. 220,
adopted at election held on Nov. 7, 1978. Amendment proposed by Laws
1977, p. 981, S.J.R. No. 18.
SECTION I-6. Right of suffrage.
The State shall never enact any law restricting or abridging the
right of suffrage on account of race, color, or previous condition of
servitude.
SECTION I-7. Repealed by State Question No. 386, Referendum Petition
No. 121, adopted at election held April 7, 1959. Repeal proposed by
Laws 1959, p. 479, S.J.R. No. 1.
ARTICLE II - Bill of Rights
SECTION II-1. Political power - Purpose of government - Alteration
or reformation.
All political power is inherent in the people; and government is
instituted for their protection, security, and benefit, and to
promote their general welfare; and they have the right to alter or
reform the same whenever the public good may require it: Provided,
such change be not repugnant to the Constitution of the United
States.
SECTION II-2. Inherent rights.
All persons have the inherent right to life, liberty, the pursuit
of happiness, and the enjoyment of the gains of their own industry.
SECTION II-3. Right of assembly and petition.
The people have the right peaceably to assemble for their own
good, and to apply to those invested with the powers of government
for redress of grievances by petition, address, or remonstrance.
SECTION II-4. Interference with right of suffrage.
No power, civil or military, shall ever interfere to prevent the
free exercise of the right of suffrage by those entitled to such
right.
SECTION II-5. Public money or property - Use for sectarian purposes.
No public money or property shall ever be appropriated, applied,
donated, or used, directly or indirectly, for the use, benefit, or
support of any sect, church, denomination, or system of religion, or
for the use, benefit, or support of any priest, preacher, minister,
or other religious teacher or dignitary, or sectarian institution as
such.
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SECTION II-6. Courts of justice open - Remedies for wrongs - Sale,
denial or delay.
The courts of justice of the State shall be open to every person,
and speedy and certain remedy afforded for every wrong and for every
injury to person, property, or reputation; and right and justice
shall be administered without sale, denial, delay, or prejudice.
SECTION II-7. Due process of law.
No person shall be deprived of life, liberty, or property,
without due process of law.
SECTION II-8. Right to bail - Exceptions.
A. All persons shall be bailable by sufficient sureties, except
that bail may be denied for:
1. capital offenses when the proof of guilt is evident, or the
presumption thereof is great;
2. violent offenses;
3. offenses where the maximum sentence may be life imprisonment
or life imprisonment without parole;
4. felony offenses where the person charged with the offense has
been convicted of two or more felony offenses arising out of
different transactions; and
5. controlled dangerous substances offenses where the maximum
sentence may be at least ten (10) years imprisonment.
On all offenses specified in paragraphs 2 through 5 of this
section, the proof of guilt must be evident, or the presumption must
be great, and it must be on the grounds that no condition of release
would assure the safety of the community or any person.
B. The provisions of this resolution shall become effective on
July 1, 1989.
Amended by State Question No. 612, Legislative Referendum No. 269,
adopted at election held on Nov. 8, 1988. Amendment proposed by Laws
1988, p. 1850, H.J.R. No. 1053.
SECTION II-9. Excessive bail or fines - Cruel or unusual punishment.
Excessive bail shall not be required, nor excessive fines
imposed, nor cruel or unusual punishments inflicted.
SECTION II-9A. Death penalty.
All statutes of this state requiring, authorizing, imposing or
relating to the death penalty are in full force and effect, subject
to legislative amendment or repeal by statute, initiative or
referendum. Any method of execution shall be allowed, unless
prohibited by the United States Constitution. Methods of execution
may be designated by the Legislature. A sentence of death shall not
be reduced on the basis that a method of execution is invalid. In
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any case in which an execution method is declared invalid, the death
sentence shall remain in force until the sentence can be lawfully
executed by any valid method. The death penalty provided for under
such statutes shall not be deemed to be, or to constitute, the
infliction of cruel or unusual punishments, nor shall such punishment
be deemed to contravene any other provision of this Constitution.
Added by State Question No. 776, Legislative Referendum No. 367,
adopted at General Election held on Nov. 8, 2016.
NOTE: State Question No. 776 proposed by Laws 2015, p. 1597, S.J.R.
No. 31, § 1.
SECTION II-10. Habeas corpus - Suspension.
The privilege of the writ of habeas corpus shall never be
suspended by the authorities of this State.
SECTION II-11. Officers - Personal attention to duties -
Intoxication.
Every person elected or appointed to any office or employment of
trust or profit under the laws of the State, or under any ordinance
of any municipality thereof, shall give personal attention to the
duties of the office to which he is elected or appointed. Drunkenness
and the excessive use of intoxicating liquors while in office shall
constitute sufficient cause for impeachment or removal therefrom.
Amended by State Question No. 73, Initiative Petition No. 46, adopted
at election held on Aug. 4, 1914.
SECTION II-12. Officers of United States or other states -
Ineligibility to office.
No member of Congress from this State, or person holding any
office of trust or profit under the laws of any other State, or of
the United States, shall hold any office of trust or profit under the
laws of this State; provided, neither the provisions of this section
nor any other provision of this Constitution or state law shall be
construed to prohibit the following officeholders from holding at the
same time any other office of trust or profit:
1. Officers and enlisted members of the National Guard;
2. Officers and enlisted members of the National Guard Reserve;
3. Officers of the Officers Reserve Corps of the United States;
4. Enlisted members of the Organized Reserves of the United
States; and
5. Officers and enlisted members of the Oklahoma State Guard and
any other active militia or military force organized under state law.
The Legislature shall have the power to enact laws to further
implement the provisions of this section.
Amended by State Question No. 769, Legislative Referendum No. 364,
adopted at election held on Nov. 4, 2014 (amendment proposed by Laws
2014, S.J.R. No. 33, § 1).
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SECTION II-12A. Term limits for Congressman.
Beginning January 1, 1995, persons wanting to become a candidate
for election to the United States Congress from this State for a term
beginning on or after January 1, 1995, shall be subject to the
following provisions:
A. Any person seeking to have his or her name placed on the
ballot for election to the United States House of Representatives
shall be ineligible if, by the end of the then current term of
office, that person has served in that office for three (3) two-year
terms.
B. Any person seeking to have his or her name placed on the
ballot for election to the United States Senate shall be ineligible
if, by the end of the then current term of office, that person has
served in that office for two (2) six-year terms.
C. A person elected to serve as a member of the United States
Congress shall be eligible to serve as a Representative for a total
of six (6) years and as a Senator for a total of twelve (12) years
for a maximum total of eighteen (18) years as a member of Congress
from this State.
D. The provisions of this section shall not be applicable to or
include:
1. The years served by any person as a member of the United
States House of Representatives or as a member of the United States
Senate which began prior to the election at which this measure was
enacted.
2. The years served by a person who has been appointed to
complete the remainder of a vacated term.
E. The provisions of this Section shall not be construed so as
to prevent casting a ballot for any person regardless of the number
of years previously served in the United States Congress by writing
the name of that person on the ballot, or from having such ballot
counted or to prevent a person from campaigning by means of a "write-
in" campaign if that procedure is otherwise authorized in this
Constitution or by law.
Added by State Question No. 662, Initiative Petition No. 360, adopted
at election held on Sept. 20, 1994.
SECTION II-13. Imprisonment for debt.
Imprisonment for debt is prohibited, except for the non-payment
of fines and penalties imposed for the violation of law.
SECTION II-14. Military subordinate to civil authorities -
Quartering without owner's consent.
The military shall be held in strict subordination to the civil
authorities. No soldier shall be quartered in any house, in time of
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peace, without the consent of the owner, nor in time of war, except
in a manner to be prescribed by law.
SECTION II-15. Bills of attainder - Ex post facto laws - Obligation
of contracts – Forfeitures.
No bill of attainder, ex post facto law, nor any law impairing
the obligation of contracts, shall ever be passed. No conviction
shall work a corruption of blood or forfeiture of estate: Provided,
that this provision shall not prohibit the imposition of pecuniary
penalties.
SECTION II-16. Treason.
Treason against the State shall consist only in levying war
against it or in adhering to its enemies, giving them aid and
comfort. No person shall be convicted of treason, unless on the
testimony of two witnesses to the same overt act, or on confession in
open court.
SECTION II-17. Indictment or information - Preliminary examination -
Prosecutions in courts not of record.
No person shall be prosecuted criminally in courts of record for
felony or misdemeanor otherwise than by presentment or indictment or
by information. No person shall be prosecuted for a felony by
information without having had a preliminary examination before an
examining magistrate, or having waived such preliminary examination.
Prosecutions may be instituted in courts not of record upon a duly
verified complaint.
SECTION II-18. Grand jury.
A grand jury shall be composed of twelve (12) persons, any nine
(9) of whom concurring may find an indictment or true bill. A grand
jury shall be convened upon the order of a district judge upon his
own motion; or such grand jury shall be ordered by a district judge
upon the filing of a petition therefor signed by qualified electors
of the county equal to the number of signatures required to propose
legislation by a county by initiative petition as provided in Section
5 of Article V of the Oklahoma Constitution, with the minimum number
of required signatures being five hundred (500) and the maximum being
five thousand (5,000); and further providing that in any calendar
year in which a grand jury has been convened pursuant to a petition
therefor, then any subsequent petition filed during the same calendar
year shall require double the minimum number of signatures as were
required hereunder for the first petition; or such grand jury shall
be ordered convened upon the filing of a verified application by the
Attorney General of the State of Oklahoma who shall have authority to
conduct the grand jury in investigating crimes which are alleged to
have been committed in said county or involving multicounty criminal
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activities; when so assembled such grand jury shall have power to
inquire into and return indictments for all character and grades of
crime. All other provisions of the Constitution or the laws of this
state in conflict with the provisions of this constitutional
amendment are hereby expressly repealed.
The Legislature shall enact laws to prevent corruption in making,
filing, circulating and submitting petitions calling for convening a
grand jury.
Amended by State Question No. 354, Legislative Referendum No. 101,
adopted at primary election held on July 1, 1952; State Question No.
457, Legislative Referendum No. 170, adopted at election held on Aug.
27, 1968; State Question No. 483, Legislative Referendum No. 189,
adopted at election held on Dec. 7, 1971; State Question No. 670,
Legislative Referendum No. 302, adopted at election held on Nov. 5,
1996.
SECTION II-19. Trial by jury.
The right of trial by jury shall be and remain inviolate, except
in civil cases wherein the amount in controversy does not exceed One
Thousand Five Hundred Dollars ($1,500.00), or in criminal cases
wherein punishment for the offense charged is by fine only, not
exceeding One Thousand Five Hundred Dollars ($1,500.00). Provided,
however, that the Legislature may provide for jury trial in cases
involving lesser amounts. Juries for the trial of civil cases,
involving more than Ten Thousand Dollars ($10,000.00), and felony
criminal cases shall consist of twelve (12) persons. All other
juries shall consist of six (6) persons. However, in all cases the
parties may agree on a lesser number of jurors than provided herein.
In all criminal cases where imprisonment for more than six (6)
months is authorized the entire number of jurors must concur to
render a verdict. In all other cases three-fourths (3/4) of the
whole number of jurors concurring shall have power to render a
verdict. When a verdict is rendered by less than the whole number of
jurors, the verdict shall be signed by each juror concurring therein.
Amended by State Question No. 354, Legislative Referendum No. 101,
adopted at primary election held on July 1, 1952; State Question No.
459, Legislative Referendum No. 172, adopted at election held on
Sept. 17, 1968, eff. Jan. 13, 1969; State Question No. 623,
Legislative Referendum No. 277, adopted at election held on Aug. 28,
1990.
SECTION II-20. Rights of accused in criminal cases.
In all criminal prosecutions the accused shall have the right to
a speedy and public trial by an impartial jury of the county in which
the crime shall have been committed or, where uncertainty exists as
to the county in which the crime was committed, the accused may be
tried in any county in which the evidence indicates the crime might
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have been committed. Provided, that the venue may be changed to some
other county of the state, on the application of the accused, in such
manner as may be prescribed by law. He shall be informed of the
nature and cause of the accusation against him and have a copy
thereof, and be confronted with the witnesses against him, and have
compulsory process for obtaining witnesses in his behalf. He shall
have the right to be heard by himself and counsel; and in capital
cases, at least two days before the case is called for trial, he
shall be furnished with a list of the witnesses that will be called
in chief, to prove the allegations of the indictment or information,
together with their postoffice addresses.
Amended by State Question No. 401, Referendum Petition No. 132,
adopted at special election held on Sept. 12, 1961.
SECTION II-21. Self-incrimination - Double jeopardy.
No person shall be compelled to give evidence which will tend to
incriminate him, except as in this Constitution specifically
provided; nor shall any person, after having been once acquitted by a
jury, be again put in jeopardy of life or liberty for that of which
he has been acquitted. Nor shall any person be twice put in jeopardy
of life or liberty for the same offense.
SECTION II-22. Liberty of speech and press - Truth as evidence in
prosecution for libel.
Every person may freely speak, write, or publish his sentiments
on all subjects, being responsible for the abuse of that right; and
no law shall be passed to restrain or abridge the liberty of speech
or of the press. In all criminal prosecutions for libel, the truth
of the matter alleged to be libelous may be given in evidence to the
jury, and if it shall appear to the jury that the matter charged as
libelous be true, and was written or published with good motives and
for justifiable ends, the party shall be acquitted.
SECTION II-23. Private property - Taking or damaging for private
use.
No private property shall be taken or damaged for private use,
with or without compensation, unless by consent of the owner, except
for private ways of necessity, or for drains and ditches across lands
of others for agricultural, mining, or sanitary purposes, in such
manner as may be prescribed by law.
SECTION II-24. Private property - Public use - Character of use a
judicial question.
Private property shall not be taken or damaged for public use
without just compensation. Just compensation shall mean the value of
the property taken, and in addition, any injury to any part of the
property not taken. Any special and direct benefits to the part of
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the property not taken may be offset only against any injury to the
property not taken. Such compensation shall be ascertained by a
board of commissioners of not less than three freeholders, in such
manner as may be prescribed by law. Provided however, in no case
shall the owner be required to make any payments should the benefits
be judged to exceed damages. The commissioners shall not be
appointed by any judge or court without reasonable notice having been
served upon all parties in interest. The commissioners shall be
selected from the regular jury list of names prepared and made as the
Legislature shall provide. Any party aggrieved shall have the right
of appeal, without bond, and trial by jury in a court of record.
Until the compensation shall be paid to the owner, or into court for
the owner, the property shall not be disturbed, or the proprietary
rights of the owner divested. When possession is taken of property
condemned for any public use, the owner shall be entitled to the
immediate receipt of the compensation awarded, without prejudice to
the right of either party to prosecute further proceedings for the
judicial determination of the sufficiency or insufficiency of such
compensation. The fee of land taken by common carriers for right of
way, without the consent of the owner, shall remain in such owner
subject only to the use for which it is taken. In all cases of
condemnation of private property for public or private use, the
determination of the character of the use shall be a judicial
question.
Amended by State Question No. 624, Legislative Referendum No. 278,
adopted at election held on Aug. 28, 1990.
SECTION II-25. Contempt - Definition - Jury trial - Hearing.
The legislature shall pass laws defining contempts and regulating
the proceedings and punishment in matters of contempt: Provided, that
any person accused of violating or disobeying, when not in the
presence or hearing of the court, or judge sitting as such, any order
of injunction, or restraint, made or entered by any court or judge of
the State shall, before penalty or punishment is imposed, be entitled
to a trial by jury as to the guilt or innocence of the accused. In
no case shall a penalty or punishment be imposed for contempt, until
an opportunity to be heard is given.
SECTION II-26. Bearing arms - Carrying weapons.
The right of a citizen to keep and bear arms in defense of his
home, person, or property, or in aid of the civil power, when
thereunto legally summoned, shall never be prohibited; but nothing
herein contained shall prevent the Legislature from regulating the
carrying of weapons.
SECTION II-27. Witnesses not excused from testifying - Immunity from
prosecution.
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Any person having knowledge or possession of facts that tend to
establish the guilt of any other person or corporation under the laws
of the state shall not be excused from giving testimony or producing
evidence, when legally called upon so to do, on the ground that it
may tend to incriminate him under the laws of the state; but no
person shall be prosecuted or subjected to any penalty or forfeiture
for or on account of any transaction, matter, or thing concerning
which he may so testify or produce evidence. All other provisions of
the Constitution or the laws of this state in conflict with the
provisions of this constitutional amendment are hereby expressly
repealed.
Amended by State Question No. 482, Legislative Referendum No. 188,
adopted at election held on Dec. 7, 1971.
SECTION II-28. Corporate records, books and files.
The records, books, and files of all corporations shall be, at
all times, liable and subject to the full visitorial and
inquisitorial powers of the State, notwithstanding the immunities and
privileges in this Bill of Rights secured to the persons,
inhabitants, and citizens thereof.
SECTION II-29. Transportation out of State.
No person shall be transported out of the State for any offense
committed within the State, nor shall any person be transported out
of the State for any purpose, without his consent, except by due
process of law; but nothing in this provision shall prevent the
operation of extradition laws, or the transporting of persons
sentenced for crime, to other states for the purpose of
incarceration.
SECTION II-30. Unreasonable searches or seizures - Warrants,
issuance of.
The right of the people to be secure in their persons, houses,
papers, and effects against unreasonable searches or seizures shall
not be violated; and no warrant shall issue but upon probable cause
supported by oath or affirmation, describing as particularly as may
be the place to be searched and the person or thing to be seized.
SECTION II-31. State - Engagement in occupation or business.
The right of the State to engage in any occupation or business
for public purposes shall not be denied nor prohibited, except that
the State shall not engage in agriculture for any other than
educational and scientific purposes and for the support of its penal,
charitable, and educational institutions.
SECTION II-32. Perpetuities - Monopolies - Primogeniture -
Entailments.
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Perpetuities and monopolies are contrary to the genius of a free
government, and shall never be allowed, nor shall the law of
primogeniture or entailments ever be in force in this State.
SECTION II-33. Effect of enumeration of rights.
The enumeration in this Constitution of certain rights shall not
be construed to deny, impair, or disparage others retained by the
people.
SECTION II-34. Rights of victims.
A. To secure justice and due process for victims throughout the
criminal and juvenile justice systems, a victim of a crime shall have
the following rights, which shall be protected by law in a manner no
less vigorous than the rights afforded to the accused: to be treated
with fairness and respect for the victim's safety, dignity and
privacy; upon request, to reasonable and timely notice of and to be
present at all proceedings involving the criminal or delinquent
conduct; to be heard in any proceeding involving release, plea,
sentencing, disposition, parole and any proceeding during which a
right of the victim is implicated; to reasonable protection; upon
request, to reasonable notice of any release or escape of an accused;
to refuse an interview or other request made by the accused or any
person acting on behalf of the accused, other than a refusal to
appear if subpoenaed by defense counsel; to full and timely
restitution; to proceedings free from unreasonable delay and a prompt
conclusion of the case; upon request, to confer with the attorney for
the state; and to be informed of all rights enumerated in this
section.
B. The victim, the victim's attorney or other lawful
representative, or the attorney for the state upon request of the
victim may assert in any trial or appellate court, or before any
other authority with jurisdiction over the case, and have enforced
the rights enumerated in this section and any other right afforded to
the victim by law. The court or other authority with jurisdiction
shall act promptly on such a request. This section does not create
any cause of action for compensation or damages against the state,
any political subdivision of the state, any officer, employee or
agent of the state or of any of its political subdivisions, or any
officer or employee of the court.
C. As used in this section, a "victim" includes any person
against whom the criminal offense or delinquent act is committed or
who is directly and proximately harmed by the commission of the
offense or act. The term "victim" does not include the accused or a
person whom the court finds would not act in the best interests of a
deceased, incompetent, minor or incapacitated victim.
D. The Legislature, or the people by initiative or referendum,
has the authority to enact substantive and procedural laws to
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implement, preserve and protect the rights guaranteed to victims by
this section.
E. The enumeration in the Constitution of certain rights for
victims shall not be construed to deny or disparage other rights
guaranteed by the Legislature or retained by victims.
Added by State Question No. 674, Legislative Referendum No. 304,
adopted at election held on Nov. 5, 1996. Amended by State Question
No. 794, Legislative Referendum No. 371, adopted at election held on
Nov. 6, 2018.
SECTION II-35.. Marriage defined – Construction of law and
Constitution – Recognition of out-of-state marriages – Penalty.
A. Marriage in this state shall consist only of the union of one
man and one woman. Neither this Constitution nor any other provision
of law shall be construed to require that marital status or the legal
incidents thereof be conferred upon unmarried couples or groups.
B. A marriage between persons of the same gender performed in
another state shall not be recognized as valid and binding in this
state as of the date of the marriage.
C. Any person knowingly issuing a marriage license in violation
of this section shall be guilty of a misdemeanor.
Added by State Question No. 711, Legislative Referendum No. 334,
adopted at election held Nov. 2, 2004. Addition proposed by Laws
2004, c. 156, § 1.
SECTION II-36. Right to hunt, fish, trap and harvest game and fish.
All citizens of this state shall have a right to hunt, fish,
trap, and harvest game and fish, subject only to reasonable
regulation as prescribed by the Legislature and the Wildlife
Conservation Commission. The Wildlife Conservation Commission shall
have the power and authority to approve methods, practices and
procedures for hunting, trapping, fishing and the taking of game and
fish. Traditional methods, practices and procedures shall be allowed
for taking game and fish that are not identified as threatened by law
or by the Commission. Hunting, fishing, and trapping shall be the
preferred means of managing game and fish that are not identified as
threatened by law or by the Commission. Nothing in this section
shall be construed to modify any provision of common law or statutes
relating to trespass, eminent domain, or any other property rights.
Added by State Question No. 742, Legislative Referendum No. 345,
adopted at election held on Nov. 4, 2008.
SECTION II-36A. Prohibition of special treatment or discrimination
based on race or sex in public employment, education and contracts.
A. The state shall not grant preferential treatment to, or
discriminate against, any individual or group on the basis of race,
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color, sex, ethnicity or national origin in the operation of public
employment, public education or public contracting.
B. This section shall apply only to action taken after the
effective date of this section.
C. Nothing in this section shall be interpreted as prohibiting
bona fide qualifications based on sex that are reasonably necessary
to the normal operation of public employment, public education or
public contracting.
D. Nothing in this section shall be interpreted as invalidating
any court order or consent decree that is in force as of the
effective date of this section.
E. Nothing in this section shall be interpreted as prohibiting
action that must be taken to establish or maintain eligibility for
any federal program, where ineligibility would result in a loss of
federal funds to the state.
F. For the purposes of this section, “state” shall include, but
not be limited to, the state itself or an agency, institution,
instrumentality, or political subdivision of the state.
G. The remedies available for violations of this section shall
be the same, regardless of the injured party’s race, color, sex,
ethnicity or national origin, as are otherwise available for
violations of the antidiscrimination laws of this state.
Added by State Question No. 759, Legislative Referendum No. 359,
adopted at election held on Nov. 6, 2012.
NOTE: Editorially renumbered from Article II, § 36 to avoid a
duplication in numbering.
SECTION II-37. Health Care System.
A. For purposes of this section:
1. “Compel” shall include penalties or fines;
2. “Direct payment or pay directly” means payment for lawful
health care services without a public or private third party, not
including an employer, paying for any portion of the service;
3. “Health care system” means any public or private entity whose
function or purpose is the management of, processing of, enrollment
of individuals for or payment for, in full or in part, health care
services or health care data or health care information for its
participants;
4. “Lawful health care services” means any health-related
service or treatment to the extent that the service or treatment is
permitted or not prohibited by law or regulation that may be provided
by persons or businesses otherwise permitted to offer such services;
and
5. “Penalties or fines” means any civil or criminal penalty or
fine, tax, salary or wage withholding or surcharge or any named fee
with a similar effect established by law or rule by a government-
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established, -created or -controlled agency that is used to punish or
discourage the exercise of rights protected under this section.
B. To preserve the freedom of Oklahomans to provide for their
health care:
1. A law or rule shall not compel, directly or indirectly, any
person, employer or health care provider to participate in any health
care system; and
2. A person or employer may pay directly for lawful health care
services and shall not be required to pay penalties or fines for
paying directly for lawful health care services. A health care
provider may accept direct payment for lawful health care services
and shall not be required to pay penalties or fines for accepting
direct payment from a person or employer for lawful health care
services.
C. Subject to reasonable and necessary rules that do not
substantially limit a person’s options, the purchase or sale of
health insurance in private health care systems shall not be
prohibited by law or rule.
D. This section shall not:
1. Affect which health care services a health care provider or
hospital is required to perform or provide;
2. Affect which health care services are permitted by law;
3. Prohibit care related to workers’ compensation;
4. Affect laws or rules in effect as of January 1, 2010; or
5. Affect the terms or conditions of any health care system to
the extent that those terms and conditions do not have the effect of
punishing a person or employer for paying directly for lawful health
care services or a health care provider or hospital for accepting
direct payment from a person or employer for lawful health care
services.
Added by State Question No. 756, Legislative Referendum No. 356,
adopted at election held on Nov. 2, 2010.
ARTICLE III - Suffrage
SECTION III-1. Qualifications of electors.
Subject to such exceptions as the Legislature may prescribe, all
citizens of the United States, over the age of eighteen (18) years,
who are bona fide residents of this state, are qualified electors of
this state.
Added by State Question No. 531, Legislative Referendum No. 224,
adopted at election held on Nov. 7, 1978.
NOTE: A prior Section 1 of Article III was repealed by State
Question No. 531, Legislative Referendum No. 224, adopted at election
held on Nov. 7, 1978. Repeal was proposed by Laws 1978, p. 895,
H.J.R. No. 1025.
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SECTION III-1A. Repealed by State Question No. 531, Legislative
Referendum No. 224, adopted at election held on Nov. 7, 1978. Repeal
was proposed by Laws 1978, p. 895, H.J.R. No. 1025.
SECTION III-2. State Election Board - Creation - Membership.
The Legislature shall create a State Election Board to be charged
with the supervision of such elections as the Legislature shall
direct. Not more than a majority of the members of said Board shall
be selected from the same political party.
Added by State Question No. 531, Legislative Referendum No. 224,
adopted at election held on November 7, 1978.
NOTE: A prior Section 2 of Article III was repealed by State
Question No. 531, Legislative Referendum No. 224, adopted at election
held on Nov. 7, 1978. Repeal was proposed by Laws 1978, p. 895,
H.J.R. No. 1025.
SECTION III-3. Mandatory primary system - Nomination of candidates.
The Legislature may enact laws providing for a mandatory primary
system which shall provide for the nomination of all candidates in
all elections for federal, state, county and municipal offices, for
all political parties, except for the office of Presidential Elector,
the candidates for which shall be nominated by the recognized
political parties at their conventions. The Legislature also shall
enact laws providing that citizens may, by petition, place on the
ballot the names of independent, nonpartisan candidates for office,
including the office of Presidential Elector.
Added by State Question No. 531, Legislative Referendum No. 224,
adopted at election held on November 7, 1978.
NOTE: A prior Section 3 of Article III was repealed by State
Question No. 517, Legislative Referendum No. 215, adopted at election
held on Nov. 2, 1976. Repeal was proposed by Laws 1976, p. 585,
H.J.R. No. 1034.
SECTION III-4. Manner of holding and conducting elections -
Registration of electors.
The Legislature shall prescribe the time and manner of holding
and conducting all elections, and enact such laws as may be necessary
to detect and punish fraud in such elections. The Legislature may
provide by law for the registration of electors throughout the state
and, when it is so provided, no person shall vote at any election
unless he shall have registered according to law.
Added by State Question No. 531, Legislative Referendum No. 224,
adopted at election held on November 7, 1978.
NOTE: A prior Section 4 of Article III was repealed by State
Question No. 531, Legislative Referendum No. 224, adopted at election
held on Nov. 7, 1978. Repeal was proposed by Laws 1978, p. 895,
H.J.R. No. 1025.
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SECTION III-4a. Repealed by State Question No. 531, Legislative
Referendum No. 224, adopted at election held on Nov. 7, 1978. Repeal
was proposed by Laws 1978, p. 895, H.J.R. No. 1025.
SECTION III-5. Free and equal elections - Interference by civil or
military power - Privilege from arrest.
All elections shall be free and equal. No power, civil or
military, shall ever interfere to prevent the free exercise of the
right of suffrage, and electors shall, in all cases, except for
treason, felony, and breach of the peace, be privileged from arrest
during their attendance on elections and while going to and from the
same.
Added by State Question No. 531, Legislative Referendum No. 224,
adopted at election held on November 7, 1978.
NOTE: A prior Section 5 of Article III was repealed by State
Question No. 531, Legislative Referendum No. 224, adopted at election
held on Nov. 7, 1978. Repeal was proposed by Laws 1978, p. 895,
H.J.R. No. 1025.
SECTION III-6. Repealed by State Question No. 531, Legislative
Referendum No. 224, adopted at election held on Nov. 7, 1978. Repeal
was proposed by Laws 1978, p. 895, H.J.R. No. 1025.
SECTION III-7. Repealed by State Question No. 531, Legislative
Referendum No. 224, adopted at election held on Nov. 7, 1978. Repeal
was proposed by Laws 1978, p. 895, H.J.R. No. 1025.
ARTICLE IV - Distribution of Powers
SECTION IV-1. Departments of government - Separation and
distinction.
The powers of the government of the State of Oklahoma shall be
divided into three separate departments: The Legislative, Executive,
and Judicial; and except as provided in this Constitution, the
Legislative, Executive, and Judicial departments of government shall
be separate and distinct, and neither shall exercise the powers
properly belonging to either of the others.
ARTICLE V - Legislative Department
SECTION V-1. Legislature - Authority and composition - Powers
reserved to people.
The Legislative authority of the State shall be vested in a
Legislature, consisting of a Senate and a House of Representatives;
but the people reserve to themselves the power to propose laws and
amendments to the Constitution and to enact or reject the same at the
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polls independent of the Legislature, and also reserve power at their
own option to approve or reject at the polls any act of the
Legislature.
SECTION V-2. Designation and definition of reserved powers -
Determination of percentages.
The first power reserved by the people is the initiative, and
eight per centum of the legal voters shall have the right to propose
any legislative measure, and fifteen per centum of the legal voters
shall have the right to propose amendments to the Constitution by
petition, and every such petition shall include the full text of the
measure so proposed. The second power is the referendum, and it may
be ordered (except as to laws necessary for the immediate
preservation of the public peace, health, or safety), either by
petition signed by five per centum of the legal voters or by the
Legislature as other bills are enacted. The ratio and per centum of
legal voters hereinbefore stated shall be based upon the total number
of votes cast at the last general election for the Office of
Governor.
Amended by State Question No. 750, Legislative Referendum No. 350,
adopted at election held on Nov. 2, 2010.
SECTION V-3. Petitions - Veto power - Elections - Time of taking
effect - Style of bills - Duty of legislature.
Referendum petitions shall be filed with the Secretary of State
not more than ninety (90) days after the final adjournment of the
session of the Legislature which passed the bill on which the
referendum is demanded. The veto power of the Governor shall not
extend to measures voted on by the people. All elections on measures
referred to the people of the state shall be had at the next election
held throughout the state, except when the Legislature or the
Governor shall order a special election for the express purpose of
making such reference. Any measure referred to the people by the
initiative or referendum shall take effect and be in force when it
shall have been approved by a majority of the votes cast thereon and
not otherwise.
The style of all bills shall be: "Be it Enacted By the People of
the State of Oklahoma."
Petitions and orders for the initiative and for the referendum
shall be filed with the Secretary of State and addressed to the
Governor of the state, who shall submit the same to the people. The
Legislature shall make suitable provisions for carrying into effect
the provisions of this article.
Amended by State Question No. 495, Legislative Referendum No. 198,
adopted at election held on Aug. 27, 1974.
SECTION V-4. Referendum against part of act.
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The referendum may be demanded by the people against one or more
items, sections, or parts of any act of the Legislature in the same
manner in which such power may be exercised against a complete act.
The filing of a referendum petition against one or more items,
sections, or parts of an act shall not delay the remainder of such
act from becoming operative.
SECTION V-5. Reservation of powers to voters of counties and
districts - Manner of exercising.
The powers of the initiative and referendum reserved to the
people by this Constitution for the State at large, are hereby
further reserved to the legal voters of every county and district
therein, as to all local legislation, or action, in the
administration of county and district government in and for their
respective counties and districts. The manner of exercising said
powers shall be prescribed by general laws, except that Boards of
County Commissioners may provide for the time of exercising the
initiative and referendum powers as to local legislation in their
respective counties and districts.
The requisite number of petitioners for the invocation of the
initiative and referendum in counties and districts shall bear twice,
or double, the ratio to the whole number of legal voters in such
county or district, as herein provided therefor in the State at
large.
SECTION V-5a. Township organization or government - Abolition and
restoration.
Each county in the State of Oklahoma may by a majority of the
legal voters of such county voting upon the proposition, abolish
township organization or government. The Board of County
Commissioners of such county, upon a petition signed by sixteen per
centum of the total number of votes cast at the last general election
for the county office receiving the highest number of votes, praying
that the question of abolishing township organization or government
be submitted to a vote of the county, shall within thirty days after
the regular meeting of such board next convening after the filing of
such petition, call a special election for such purpose, or the board
may in their discretion submit such question at the next general
election held after the filing of such petition. If such question
shall be carried, township organization or government shall cease in
such county, and all the duties theretofore performed by the township
officers shall be cast upon and be performed by such county officers
having like duties to perform in relation to the county at large as
such township officers performed in relation to the township at
large. At any general election after the abolition of township
organization or government the question of returning to township
government may be submitted as provided for the submission of the
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question of abolishing such government, and if a majority of the
votes cast upon such question be in favor of township government the
same shall thereupon be established, and the Board of County
Commissioners shall appoint the full quota of township officers, who
shall hold their offices and perform the duties thereof until their
successors shall have been elected at the next general election and
until they have been qualified. Except as otherwise specifically
provided by this section, the law relating to carrying into effect
the initiative and referendum provisions of the Constitution shall
govern.
Added by State Question No. 58, Referendum Petition No. 21, adopted
at election held on August 5, 1913.
SECTION V-6. Subsequent proposal of rejected measure.
Any measure rejected by the people, through the powers of the
initiative and referendum, cannot be again proposed by the initiative
within three years thereafter by less than twenty-five per centum of
the legal voters.
SECTION V-7. Powers of Legislature not affected.
The reservation of the powers of the initiative and referendum in
this article shall not deprive the Legislature of the right to repeal
any law, propose or pass any measure, which may be consistent with
the Constitution of the State and the Constitution of the United
States.
SECTION V-8. Prevention of corruption.
Laws shall be provided to prevent corruption in making,
procuring, and submitting initiative and referendum petitions.
SECTION V-9. Repealed by State Question No. 416, Legislative
Referendum No. 142, adopted at election held May 26, 1964. Repeal
proposed by Laws 1963, p. 736, S.J.R. No. 4.
SECTION V-9A. Senatorial districts - Tenure.
The state shall be apportioned into forty-eight senatorial
districts in the following manner: the nineteen most populous
counties, as determined by the most recent Federal Decennial Census,
shall constitute nineteen senatorial districts with one senator to be
nominated and elected from each district; the fifty-eight less
populous counties shall be joined into twenty-nine two-county
districts with one senator to be nominated and elected from each of
the two-county districts. In apportioning the State Senate,
consideration shall be given to population, compactness, area,
political units, historical precedents, economic and political
interests, contiguous territory, and other major factors, to the
extent feasible.
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Each senatorial district, whether single county or multi-county,
shall be entitled to one senator, who shall hold office for four
years; provided that any senator, serving at the time of the adoption
of this amendment, shall serve the full time for which he was
elected. Vitalization of senatorial districts shall provide for one-
half of the senators to be elected at each general election.
Added by State Question No. 416, Referendum Petition No. 142, adopted
at election held on May 26, 1964.
SECTION V-10. Repealed by State Question No. 416, Legislative
Referendum No. 142, adopted at election held May 26, 1964. Repeal
proposed by Laws 1963, p. 736, S.J.R. No. 4.
SECTION V-10A. House of Representatives - Number of members -
Formula - Tenure.
The House of Representatives shall consist of the number of
Representatives as determined by the formula and procedure set forth
herein. The number of members of the House of Representatives to
which each county shall be entitled shall be determined according to
the following formula:
a. The total population of the state as ascertained by the most
recent Federal Decennial Census shall be divided by the number one
hundred and the quotient shall be the ratio of representation in the
House of Representatives, except as otherwise provided in this
Article.
b. Every county having a population less than one full ratio
shall be assigned one Representative; every county containing an
entire ratio but less than two ratios shall be assigned two
Representatives; every county containing a population of two entire
ratios but less than three ratios shall be assigned three
Representatives; and every county containing a population of three
entire ratios but less than four ratios shall be assigned four
Representatives.
After the first four Representatives, a county shall qualify for
additional representation on the basis of two whole ratios of
population for each additional Representative.
Each Representative nominated and elected shall hold office for
two years.
Added by State Question No. 416, Referendum Petition No. 142, adopted
at election held on May 26, 1964.
SECTION V-11. Repealed by State Question No. 416, Legislative
Referendum No. 142, adopted at election held May 26, 1964. Repeal
proposed by Laws 1963, p. 736, S.J.R. No. 4.
SECTION V-11A. Legislature to apportion Legislature - Failure to
make apportionment - Apportionment Commission.
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The apportionment of the Legislature shall be accomplished by the
Legislature according to the provisions of this article, within
ninety (90) legislative days after the convening of the first regular
session of the Legislature following each Federal Decennial Census.
If the Legislature shall fail or refuse to make such apportionment
within the time provided herein, then such apportionment shall be
accomplished by the Bipartisan Commission on Legislative
Apportionment, according to the provisions of this article. The
Commission shall be composed of seven (7) members as follows: the
Lieutenant Governor, who shall be nonvoting and the chair of the
Commission; two members, one republican and one democrat, appointed
by the President Pro Tempore of the Senate; two members, one
republican and one democrat, appointed by the Speaker of the House of
Representatives; and two members, one republican and one democrat,
appointed by the Governor.
Added by State Question No. 416, Referendum Petition No. 142, adopted
at election held on Nay 26, 1964. Amended by State Question No. 523,
Legislative Referendum No. 218, adopted at election held on Nov. 2,
1976; State Question No. 748, Legislative Referendum No. 349, adopted
at election held on Nov. 2, 2010.
SECTION V-11B. Order of apportionment rendered by Commission.
Each order of apportionment rendered by the Bipartisan Commission
on Legislative Apportionment shall be in writing and shall be filed
with the Secretary of State and shall be signed by at least four
members of the Commission.
Added by State Question No. 416, Referendum Petition No. 142, adopted
at election held on May 26, 1964. Amended by State Question No. 748,
Legislative Referendum No. 349, adopted at election held on Nov. 2,
2010.
SECTION V-11C. Review of apportionment orders - Failure to seek
review.
Any qualified elector may seek a review of any apportionment
order of the Commission, or apportionment law of the legislature,
within sixty days from the filing thereof, by filing in the Supreme
Court of Oklahoma a petition which must set forth a proposed
apportionment more nearly in accordance with this Article. Any
apportionment of either the Senate or the House of Representatives,
as ordered by the Commission, or apportionment law of the
legislature, from which review is not sought within such time, shall
become final. The court shall give all cases involving apportionment
precedence over all other cases and proceedings; and if said court be
not in session, it shall convene promptly for the disposal of the
same.
Added by State Question No. 416, Referendum Petition No. 142, adopted
at election held on May 26, 1964.
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SECTION V-11D. Determination by Supreme Court.
Upon review, the Supreme Court shall determine whether or not the
apportionment order of the Commission or act of the legislature is in
compliance with the formula as set forth in this Article and, if so,
it shall require the same to be filed or refiled as the case may be
with the Secretary of State forthwith, and such apportionment shall
become final on the date of said writ. In the event the Supreme
Court shall determine that the apportionment order of said Commission
or legislative act is not in compliance with the formula for either
the Senate or the House of Representatives as set forth in this
Article, it will remand the matter to the Commission with directions
to modify its order to achieve conformity with the provisions of this
Article.
Added by State Question No. 416, Referendum Petition No. 142, adopted
at election held on May 26, 1964.
SECTION V-11E. Compelling Commission to act - Consolidation of
proceedings.
The Supreme Court, upon petition of any qualified elector
alleging failure of the Commission to timely act, is hereby vested
with original jurisdiction to compel, and shall compel, the
Commission to make the apportionment as herein provided. It shall
also have exclusive jurisdiction of any review hereunder. If more
than one petition be filed, the court shall consolidate such
proceedings for hearing and disposition, and shall file its opinion
and issue its writ within sixty days from the timely filing of such
last petition. In the event any action filed hereunder shall be
abandoned or dismissed, any other qualified elector shall be allowed
to intervene within ten days thereof.
Added by State Question No. 416, Referendum Petition No. 142, adopted
at election held on May 26, 1964.
SECTION V-12. Repealed by State Question No. 416, Legislative
Referendum No. 142, adopted at election held May 26, 1964. Repeal
proposed by Laws 1963, p. 736, S.J.R. No. 4.
SECTION V-13. Repealed by State Question No. 416, Legislative
Referendum No. 142, adopted at election held May 26, 1964. Repeal
proposed by Laws 1963, p. 736, S.J.R. No. 4.
SECTION V-14. Repealed by State Question No. 416, Legislative
Referendum No. 142, adopted at election held May 26, 1964. Repeal
proposed by Laws 1963, p. 736, S.J.R. No. 4.
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SECTION V-15. Repealed by State Question No. 416, Legislative
Referendum No. 142, adopted at election held May 26, 1964. Repeal
proposed by Laws 1963, p. 736, S.J.R. No. 4.
SECTION V-16. Repealed by State Question No. 416, Legislative
Referendum No. 142, adopted at election held May 26, 1964. Repeal
proposed by Laws 1963, p. 736, S.J.R. No. 4.
SECTION V-17. Age - Qualified electors - Residents.
Members of the Senate shall be at least twenty-five years of age,
and members of the House of Representatives twenty-one years of age
at the time of their election. They shall be qualified electors in
their respective counties or districts and shall reside in their
respective counties or districts during their term of office.
SECTION V-17A. Limitation of time served in the Legislature.
Any member of the Legislature who is elected to office after the
effective date of this amendment shall be eligible to serve no more
than 12 years in the Oklahoma State Legislature. Years in
Legislative office need not be consecutive and years of service in
both the Senate and the House of Representatives shall be added
together and included in determining the total number of Legislative
years in office. The years served by any member elected or appointed
to serve less than a full Legislative term to fill a vacancy in
office shall not be included in the 12-year limitation set forth
herein; but no member who has completed 12 years in office shall
thereafter be eligible to serve a partial term. Any member who is
serving a Legislative term in office or who has been elected or
appointed to serve a term in office on the effective date hereof
shall be entitled to complete his or her term and shall be eligible
to serve an additional 12 years thereafter. This amendment shall be
effective on the 1st day of the year following its adoption.
Added by State Question No. 632, Initiative Petition No. 346, adopted
at election held on Sept. 18, 1990.
SECTION V-18. Ineligibility - Federal and state officers -
Conviction of felony.
No person shall serve as a member of the Legislature who is, at
the time of such service, an officer of the United States or State
government, or is receiving compensation as such; nor shall any
person be eligible to election to the Legislature, who has been
adjudged guilty of a felony.
SECTION V-19. Expelled member ineligible - Punishment not to bar
indictment.
A member of the Legislature expelled for corruption shall not
thereafter be eligible to membership in either House. Punishment for
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contempt or disorderly conduct, or for any other cause, shall not bar
an indictment for the same offense.
SECTION V-20. Vacancies.
The Governor shall issue writs of election to fill such vacancies
as may occur in the Legislature.
SECTION V-21. Conflict of interests prohibited - Board on
Legislative Compensation.
A. The Legislature shall enact laws to prohibit members of the
Legislature from engaging in activities or having interests which
conflict with the proper discharge of their duties and
responsibilities.
B. The Board on Legislative Compensation is hereby created.
Said Board shall be composed of five members appointed by the
Governor, two members appointed by the President Pro Tempore of the
Senate, and two members appointed by the Speaker of the House of
Representatives. The members appointed by the Governor shall be from
religious organizations, communications media, nonstate-supported
educational institutions, labor organizations, and retail business;
the members appointed by the President Pro Tempore of the Senate
shall be from agricultural and civic organizations; and the members
appointed by the Speaker of the House of Representatives shall be
from manufacturing and from professional fields not otherwise
specified. No member of the Legislature may be appointed to or serve
on the Board. In addition to the members above provided for, the
Chairman of the Oklahoma Tax Commission and the Director of State
Finance shall serve as ex officio nonvoting members of said Board.
The Chairman of said Board shall be designated by the Governor.
Members of the Legislature shall receive such compensation as shall
be fixed by the Board on Legislative Compensation. If a member of
the Legislature is incarcerated due to being charged with a criminal
offense and subsequently is found guilty of the offense or pleads
guilty or nolo contendere to the offense, the legislator shall return
to the state any compensation the legislator received from the state
while the legislator was incarcerated prior to the guilty verdict or
plea or nolo contendere plea and shall not receive any compensation
from the state during any incarceration following such verdict or
plea. Said Board shall each two years review the compensation paid
to the members of the Legislature and shall be empowered to change
such compensation; such change to become effective on the fifteenth
day following the succeeding general election. The members of the
Board shall serve without compensation, but shall be entitled to
receive necessary travel and subsistence expense as provided by law
for other state officers.
Amended by State Question No. 329, Referendum Petition No. 94,
adopted at special election held on July 6, 1948; State Question No.
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462, Legislative Referendum No. 175, adopted at election held on Aug.
27, 1968; State Question No. 724, Legislative Referendum No. 339,
adopted at election held on Nov. 7, 2006.
SECTION V-22. Privileges - Arrest - Speeches or debates.
Senators and Representatives shall, except for treason, felony,
or breach of the peace, be privileged from arrest during the session
of the Legislature, and in going to and returning from the same, and,
for any speech or debate in either House, shall not be questioned in
any other place.
SECTION V-23. Ineligibility to appointment to office - Interest in
contracts.
No member of the Legislature shall, during the term for which he
was elected, be appointed or elected to any office or commission in
the State, which shall have been created, or the emoluments of which
shall have been increased, during his term of office, nor shall any
member receive any appointment from the Governor, the Governor and
Senate, or from the Legislature, during the term for which he shall
have been elected, nor shall any member, during the term for which he
shall have been elected, or within two years thereafter, be
interested, directly or indirectly, in any contract with the State,
or any county or other subdivision thereof, authorized by law passed
during the term for which he shall have been elected.
SECTION V-24. Disclosure of personal or private interest.
A member of the Legislature, who has a personal or private
interest in any measure or bill, proposed or pending before the
Legislature, shall disclose the fact to the House of which he is a
member, and shall not vote thereon.
SECTION V-25. Duration of first session.
The first session of the Legislature, held by virtue of this
Constitution, shall not exceed one hundred and sixty days.
SECTION V-26. Regular sessions.
The Legislature shall meet in regular session at the seat of
government at twelve o'clock noon on the first Monday in February of
each year and the regular session shall be finally adjourned sine die
not later than five o'clock p.m. on the last Friday in May of each
year.
The Legislature shall also meet in regular session at the seat of
government on the first Tuesday after the first Monday in January of
each odd numbered year, beginning at twelve o'clock noon for the
purposes only of performing the duties as required by Section 5 of
Article VI of the Constitution and organizing pursuant to the
provisions of this Article and shall recess not later than five
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o'clock p.m. of that same day until the following first Monday in
February of the same year, beginning at twelve o'clock noon.
Amended by State Question No. 435, Referendum Petition No. 156,
adopted at election held on May 24, 1966; State Question No. 620,
Initiative Petition No. 339, adopted at election held on March 14,
1989.
SECTION V-27. Special sessions.
The Legislature shall hold regular annual sessions as herein
provided, but this shall not prevent the calling of special sessions
of the Legislature by the Governor.
Amended by State Question No. 435, Referendum Petition No. 156,
adopted at runoff primary election held on May 24, 1966.
SECTION V-27A. Calling special sessions.
(1) The Legislature may be called into special session by a
written call for such purposes as may be specifically set out in the
call, signed by two-thirds (2/3) of the members of the Senate and
two-thirds (2/3) of the members of the House of Representatives when
it is filed with the President Pro Tempore of the Senate and the
Speaker of the House of Representatives who shall issue jointly an
order for the convening of the special session.
(2) Nothing in this section shall prevent the calling of a
special session of the Legislature by the Governor, as provided by
the Constitution of the State of Oklahoma.
Added by State Question No. 540, Legislative Referendum No. 225,
adopted at election held on Nov. 4, 1980.
SECTION V-28. Senate - President pro tempore - Standing committees.
The Senate shall, at the beginning of each regular session and at
such other times as may be necessary, elect one of its members
President pro tempore, who shall preside over its deliberations in
the absence or place of the Lieutenant Governor; and the Senate shall
provide for all its standing committees and, by a majority vote,
elect the members thereof.
SECTION V-29. Speaker of House of Representatives.
The House of Representatives shall, at the beginning of each
regular session and at such other times as may be necessary, elect
one of its members Speaker.
SECTION V-30. Judges of election of members - Quorum - Rules -
Disorderly behavior - Journal.
Each House shall be the judge of the elections, returns, and
qualifications of its own members, and a majority of each shall
constitute a quorum to do business; but a smaller number may adjourn
from day to day, and may be authorized to compel the attendance of
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absent members, in such manner and under such penalty as each House
may provide.
Each House may determine the rules of its proceedings, punish its
members for disorderly behavior, and, with the concurrence of two-
thirds, expel a member.
Each House shall keep a journal of its proceedings, and from time
to time publish the same. The yeas and nays of the members of either
House on any question, at the desire of one-fifteenth of those
present shall be entered upon its journal.
Neither House, during the session of the Legislature, shall,
without the consent of the other, adjourn for more than three days,
nor to any other place than that in which the two Houses shall be
sitting.
SECTION V-31. Elections by Legislature - Voting and entry in
journal.
In all elections made by the Legislature, except for officers and
employees thereof, the members thereof shall vote yea or nay, and
each vote shall be entered upon the journal.
SECTION V-32. Special and local laws - Notice of intended
introduction.
No special or local law shall be considered by the Legislature
until notice of the intended introduction of such bill or bills shall
first have been published for four consecutive weeks in some weekly
newspaper published or of general circulation in the city or county
affected by such law, stating in substance the contents thereof, and
verified proof of such publication filed with the Secretary of State.
SECTION V-33. Revenue bills - Origination - Amendment - Limitations
on passage - Effective date - Submission to voters.
A. All bills for raising revenue shall originate in the House of
Representatives. The Senate may propose amendments to revenue bills.
B. No revenue bill shall be passed during the five last days of
the session.
C. Any revenue bill originating in the House of Representatives
shall not become effective until it has been referred to the people
of the state at the next general election held throughout the state
and shall become effective and be in force when it has been approved
by a majority of the votes cast on the measure at such election and
not otherwise, except as otherwise provided in subsection D of this
section.
D. Any revenue bill originating in the House of Representatives
may become law without being submitted to a vote of the people of the
state if such bill receives the approval of three-fourths (3/4) of
the membership of the House of Representatives and three-fourths
(3/4) of the membership of the Senate and is submitted to the
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Governor for appropriate action. Any such revenue bill shall not be
subject to the emergency measure provision authorized in Section 58
of this Article and shall not become effective and be in force until
ninety days after it has been approved by the Legislature, and acted
on by the Governor.
Added by State Question No. 640, Initiative Petition No. 348, adopted
at election held on March 10, 1992.
SECTION V-34. Reading and passage of bills - Yeas and nays entered
on journal.
Every bill shall be read on three different days in each House,
and no bill shall become a law unless, on its final passage, it be
read at length, and no law shall be passed unless upon a vote of a
majority of all the members elected to each House in favor of such
law; and the question, upon final passage, shall be taken upon its
last reading, and the yeas and nays shall be entered upon the
journal.
SECTION V-35. Signing bills and resolutions - Entry on journal.
The presiding officer of each House shall, in the presence of the
House over which he presides, sign all bills and joint resolutions
passed by the Legislature, immediately after the same shall have been
publicly read at length, and the fact of reading and signing shall be
entered upon the journal, but the reading at length may be dispensed
with by a two-thirds vote of a quorum present, which vote, by yeas
and nays, shall also be entered upon the journal.
SECTION V-36. Extent of legislative authority - Specific grants not
limitations.
The authority of the Legislature shall extend to all rightful
subjects of legislation, and any specific grant of authority in this
Constitution, upon any subject whatsoever, shall not work a
restriction, limitation, or exclusion of such authority upon the same
or any other subject or subjects whatsoever.
SECTION V-37. Printing plant and state printer.
The Legislature shall have the power to establish a state
printing plant, and to provide for the election or appointment of a
State Printer.
SECTION V-38. Geological and Economic Survey.
The Legislature shall provide for the establishment of a State
Geological and Economic Survey.
SECTION V-39. Boards of Health, Dentistry and Pharmacy - Pure food
commission - Present practitioners.
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The Legislature shall create a Board of Health, Board of
Dentistry, Board of Pharmacy, and Pure Food Commission, and prescribe
the duties of each. All physicians, dentists and pharmacists now
legally registered and practicing in Oklahoma and Indian Territory
shall be eligible to registration in the State of Oklahoma without
examination or cost.
SECTION V-40. Militia.
The Legislature shall provide for organizing, disciplining,
arming, maintaining, and equipping the Militia of the State.
SECTION V-41. Firemen's pensions.
The Legislature may enact laws authorizing cities to pension
meritorious and disabled firemen.
SECTION V-42. Contempt, disobedience of process and disorderly
conduct.
In any legislative investigation, either House of the
Legislature, or any committee thereof, duly authorized by the House
creating the same, shall have power to punish as for contempt,
disobedience of process, or contumacious or disorderly conduct, and
this provision shall also apply to joint sessions of the Legislature,
and also to joint committees thereof, when authorized by joint
resolution of both Houses.
SECTION V-43. Decennial revision of laws.
The Legislature shall, in the year nineteen hundred and nine and
each ten years thereafter, make provision by law for revising,
digesting, and promulgating the statutes of the State.
SECTION V-44. Unlawful restraints of trade.
The Legislature shall define what is an unlawful combination,
monopoly, trust, act, or agreement, in restraint of trade, and enact
laws to punish persons engaged in any unlawful combination, monopoly,
trust, act, or agreement, in restraint of trade, or composing any
such monopoly, trust, or combination.
SECTION V-45. Carrying Constitution into effect.
The Legislature shall pass such laws as are necessary for
carrying into effect the provisions of this Constitution.
SECTION V-46. Local and special laws on certain subjects prohibited.
The Legislature shall not, except as otherwise provided in this
Constitution, pass any local or special law authorizing:
The creation, extension, or impairing of liens;
Regulating the affairs of counties, cities, towns, wards, or
school districts;
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Changing the names of persons or places;
Authorizing the laying out, opening, altering, or maintaining of
roads, highways, streets, or alleys;
Relating to ferries or bridges, or incorporating ferry or bridge
companies, except for the erection of bridges crossing streams which
form boundaries between this and any other state;
Vacating roads, town plats, streets, or alleys;
Relating to cemeteries, graveyards, or public grounds not owned
by the State;
Authorizing the adoption or legitimation of children;
Locating or changing county seats;
Incorporating cities, towns, or villages, or changing their
charters;
For the opening and conducting of elections, or fixing or
changing the places of voting;
Granting divorces;
Creating offices, or prescribing the powers and duties of
officers, in counties, cities, towns, election or school districts;
Changing the law of descent or succession;
Regulating the practice or jurisdiction of, or changing the rules
of evidence in judicial proceedings or inquiry before the courts,
justices of the peace, sheriffs, commissioners, arbitrators, or other
tribunals, or providing or changing the methods for the collection of
debts, or the enforcement of judgments or prescribing the effect of
judicial sales of real estate;
Regulating the fees, or extending the powers and duties of
aldermen, justices of the peace, or constables;
Regulating the management of public schools, the building or
repairing of school houses, and the raising of money for such
purposes;
Fixing the rate of interest;
Affecting the estates of minors, or persons under disability;
Remitting fines, penalties and forfeitures, and refunding moneys
legally paid into the treasury;
Exempting property from taxation;
Declaring any named person of age;
Extending the time for the assessment or collection of taxes, or
otherwise relieving any assessor or collector of taxes from due
performance of his official duties, or his securities from liability;
Giving effect to informal or invalid wills or deeds;
Summoning or impaneling grand or petit juries;
For limitation of civil or criminal actions;
For incorporating railroads or other works of internal
improvements;
Providing for change of venue in civil and criminal cases.
SECTION V-47. Retirement of officers.
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The Legislature shall not retire any officer on pay or part pay,
or make any grant to such retiring officer.
SECTION V-48. Bureau of immigration.
The Legislature shall have no power to appropriate any of the
public money for the establishment and maintenance of a Bureau of
Immigration in this State.
SECTION V-49. Legislative employees - Number and emoluments.
The Legislature shall not increase the number or emolument of its
employees, or the employees of either House, except by general law,
which shall not take effect during the term at which such increase
was made.
SECTION V-50. Exemption of property from taxation.
The Legislature shall pass no law exempting any property within
this State from taxation, except as otherwise provided in this
Constitution.
SECTION V-51. Exclusive rights, privileges or immunities.
The Legislature shall pass no law granting to any association,
corporation, or individual any exclusive rights, privileges, or
immunities within this State.
SECTION V-52. Revival of rights or remedies - Taking away cause of
action or defense.
The Legislature shall have no power to revive any right or remedy
which may have become barred by lapse of time, or by any statute of
this State. After suit has been commenced on any cause of action,
the Legislature shall have no power to take away such cause of
action, or destroy any existing defense to such suit.
SECTION V-53. Release or extinguishment of debts or liabilities to
state, county or municipality.
Except as to tax and assessment charges against real property
remaining delinquent and unpaid for a period of time as long or
longer than that provided by law to authorize the taking title to
real property by prescription, the Legislature shall have no power to
release or extinguish, or to authorize the releasing or
extinguishing, in whole or in part, the indebtedness, liabilities, or
obligations of any corporation or individual, to this State, or any
county or other municipal corporation thereof.
Amended by State Question No. 361, Referendum Petition No. 107,
adopted at general election held on Nov. 2, 1954.
SECTION V-54. Repeal of statute - Effect.
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The repeal of a statute shall not revive a statute previously
repealed by such statute, nor shall such repeal affect any accrued
right, or penalty incurred, or proceedings begun by virtue of such
repealed statute.
SECTION V-55. Appropriations - Necessity and requisites.
No money shall ever be paid out of the treasury of this State,
nor any of its funds, nor any of the funds under its management,
except in pursuance of an appropriation by law, nor unless such
payments be made within two and one-half years after the passage of
such appropriation act, and every such law making a new
appropriation, or continuing or reviving an appropriation, shall
distinctly specify the sum appropriated and the object to which it is
to be applied, and it shall not be sufficient for such law to refer
to any other law to fix such sum.
SECTION V-56. General appropriation bills - Salaries - Separate
appropriation bills.
The general appropriation bill shall embrace nothing but
appropriations for the expenses of the executive, legislative, and
judicial departments of the State, and for interest on the public
debt. The salary of no officer or employee of the State, or any
subdivision thereof, shall be increased in such bill, nor shall any
appropriation be made therein for any such officer or employee,
unless his employment and the amount of his salary, shall have been
already provided for by law. All other appropriations shall be made
by separate bills, each embracing but one subject.
SECTION V-57. Subjects and titles - Revival or amendment by
reference - Extent of invalidity.
Every act of the Legislature shall embrace but one subject, which
shall be clearly expressed in its title, except general appropriation
bills, general revenue bills, and bills adopting a code, digest, or
revision of statutes; and no law shall be revived, amended, or the
provisions thereof extended or conferred, by reference to its title
only; but so much thereof as is revived, amended, extended, or
conferred shall be re-enacted and published at length: Provided,
That if any subject be embraced in any act contrary to the provisions
of this section, such act shall be void only as to so much of the law
as may not be expressed in the title thereof.
SECTION V-58. Time of taking effect of statutes - Emergency
measures.
No act shall take effect until ninety days after the adjournment
of the session at which it was passed, except enactments for carrying
into effect provisions relating to the initiative and referendum, or
a general appropriation bill, unless, in case of emergency, to be
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expressed in the act, the Legislature, by a vote of two-thirds of all
members elected to each House, so directs. An emergency measure
shall include only such measures as are immediately necessary for the
preservation of the public peace, health, or safety, and shall not
include the granting of franchises or license to a corporation or
individual, to extend longer than one year, nor provision for the
purchase or sale of real estate, nor the renting or encumbrance of
real property for a longer term than one year. Emergency measures
may be vetoed by the Governor, but such measures so vetoed may be
passed by a three-fourths vote of each House, to be duly entered on
the journal.
SECTION V-59. Uniform operation of general laws - Special laws when
general law applicable.
Laws of a general nature shall have a uniform operation
throughout the State, and where a general law can be made applicable,
no special law shall be enacted.
SECTION V-60. System of checks and balances.
The Legislature shall provide by law for the establishment and
maintenace of an efficient system of checks and balances between the
officers of the Executive Department, and all commissioners and
superintendents, and boards of control of State institutions, and all
other officers entrusted with the collection, receipt, custody, or
disbursement of the revenue or moneys of the State whatsoever.
SECTION V-61. Pensions to police officers.
The legislature may enact laws authorizing cities to pension
meritorious and disabled police officers.
Added by State Question No. 207, Referendum Petition No. 65, adopted
at election held on Nov. 3, 1936.
SECTION V-62. Retirement benefits for teachers and school employees.
The Legislature may enact laws to provide for the retirement for
meritorious service of teachers and other employees in the public
schools, colleges and universities in this State supported wholly or
in part by public funds, and may provide for payments to be made and
accumulated from public funds, either of the State or of the several
school districts. Payments from public funds shall be made in
conformity to equality and uniformity within the same classifications
according to duration of service and remuneration received during
such service.
Added by State Question No. 306, Initiative Petition No. 221, adopted
at special election held on July 14, 1942.
SECTION V-63. Continuity of governmental operations in periods of
emergency.
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The Legislature, in order to insure continuity of State and local
governmental operations in periods of emergency resulting from
disasters caused by enemy attack or in periods of emergency resulting
from the imminent threat of such disasters, shall have the power and
the immediate duty (1) to provide for prompt and temporary succession
to the powers and duties of public offices, of whatever nature and
whether filled by election or appointment, the incumbents of which
may become unavailable for carrying on the powers and duties of such
offices; and (2) to adopt such other measures as may be necessary and
proper for so insuring the continuity of governmental operations. In
the exercise of the powers hereby conferred, the Legislature shall in
all respects conform to the requirements of this Constitution.
Added by State Question No. 400, Referendum Petition No. 131, adopted
at special election held on May 22, 1962.
SECTION V-9(a). Repealed by State Question No. 416, Legislative
Referendum No. 142, adopted at election held May 26, 1964. Repeal
proposed by Laws 1963, p. 736, S.J.R. No. 4.
SECTION V-9(b). Repealed by State Question No. 416, Legislative
Referendum No. 142, adopted at election held May 26, 1964. Repeal
proposed by Laws 1963, p. 736, S.J.R. No. 4.
ARTICLE VI - Executive Department
SECTION VI-1. Executive officers enumerated - Offices and records -
Duties.
A. The Executive authority of the state shall be vested in a
Governor, Lieutenant Governor, Secretary of State, State Auditor and
Inspector, Attorney General, State Treasurer, Superintendent of
Public Instruction, Commissioner of Labor, Commissioner of Insurance
and other officers provided by law and this Constitution, each of
whom shall keep his office and public records, books and papers at
the seat of government, and shall perform such duties as may be
designated in this Constitution or prescribed by law.
B. The Secretary of State shall be appointed by the Governor by
and with the consent of the Senate for a term of four (4) years to
run concurrently with the term of the Governor.
Amended by State Question Nos. 509 to 513, Legislative Referendum
Nos. 209 to 213, adopted at election held on July 22, 1975, eff. Jan.
8, 1979; State Question No. 594, Legislative Referendum No. 258,
adopted at election held on Aug. 26, 1986; State Question No. 613,
Legislative Referendum No. 270, adopted at election held on Nov. 8,
1988.
SECTION VI-2. Supreme power vested in Governor.
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The Supreme Executive power shall be vested in a Chief
Magistrate, who shall be styled "The Governor of the State of
Oklahoma."
SECTION VI-3. Eligibility to certain state offices.
No person shall be eligible to the office of Governor, Lieutenant
Governor, Secretary of State, State Auditor and Inspector, Attorney
General, State Treasurer or Superintendent of Public Instruction
except a citizen of the United States of the age of not less than
thirty-one (31) years and who shall have been ten (10) years next
preceding his or her election, or appointment, a qualified elector of
this state.
Amended by State Question No. 302, Legislative Referendum No. 83,
adopted at election held on Nov. 3, 1942; State Question Nos. 510,
511, Legislative Referendum Nos. 210, 211, adopted at election held
on July 22, 1975, eff. Jan. 8, 1979.
SECTION VI-4. Terms of office - Succession.
A. The term of office of the Governor, Lieutenant Governor,
State Auditor and Inspector, Attorney General, State Treasurer,
Commissioner of Labor and Superintendent of Public Instruction shall
be four (4) years from the second Monday of January next after their
election. The said officers shall be eligible to immediately succeed
themselves except as otherwise provided in this section.
B. 1. No person shall be eligible to serve as Governor for a
period of time in excess of eight (8) years. Such years need not be
consecutive. Any years served by a person serving as Governor for
less than a full term to fill a vacancy in such office shall not be
included in the eight-year limitation set forth herein.
2. Notwithstanding the provisions of this amendment, any person
serving as Governor at the time of passage of this amendment shall be
eligible to complete the term of office to which he or she was
elected but shall not be eligible to serve as Governor for a period
of time in excess of eight (8) years, excluding years served for less
than a full term to fill a vacancy in such office. The provisions of
this paragraph shall apply regardless of whether such years were
served prior to or after passage of this amendment.
C. No person shall be eligible to serve as Lieutenant Governor,
State Auditor and Inspector, Attorney General, State Treasurer,
Commissioner of Labor or Superintendent of Public Instruction for a
period of time in excess of eight (8) years. Such years need not be
consecutive. Any years served by a person elected or appointed to
serve less than a full term to fill a vacancy in any such office
shall not be included in the limitations set forth herein. Any
person serving in such position at the time of passage of this
amendment shall be eligible to complete the term for which he or she
has been elected and shall be eligible to serve an additional eight
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(8) years thereafter, notwithstanding the provisions of this
amendment.
D. The Legislature is hereby authorized to enact laws to
implement the provisions of subsections B and C of this section.
Amended by State Question No. 436, Legislative Referendum No. 157,
adopted at election held on May 3, 1966; State Question Nos. 510,
511, Legislative Referendum Nos. 210, 211, adopted at election held
on July 22, 1975, eff. Jan. 8, 1979; State Question No. 613,
Legislative Referendum No. 270, adopted at election held on Nov. 8,
1988; State Question No. 747, Legislative Referendum No. 348, adopted
at election held on Nov. 2, 2010.
SECTION VI-5. Returns of election - Tie votes.
The returns of every election for all elective state officers
shall be sealed up and transmitted by the returning officers to the
Secretary of State, directed to the Speaker of the House of
Representatives, who shall, immediately after the organization of the
House, and before proceeding to other business, open and publish the
same in the presence of a majority of each branch of the Legislature,
who shall for that purpose assemble in the hall of the House of
Representatives. The persons respectively having the highest number
of votes for either of the said offices shall be declared duly
elected; but in case two or more shall have an equal and the highest
number of votes for either of said offices, the Legislature shall,
forthwith, by joint ballot, choose one of the said persons so having
an equal and the highest number of votes for said office.
SECTION VI-6. Commander-in-Chief of militia - Calling out militia.
The Governor shall be Commander-in-Chief of the militia of the
State, except when in service of the United States, and may call out
the same to execute the laws, protect the public health, suppress
insurrection, and repel invasion.
SECTION VI-7. Extraordinary sessions of Legislature.
The Governor shall have power to convoke the Legislature, or the
Senate only, on extraordinary occasions. At extraordinary sessions,
no subject shall be acted upon, except such as the Governor may
recommend for consideration.
SECTION VI-8. Execution of laws - Intercourse with other states and
United States - Conservator of peace.
The Governor shall cause the laws of the State to be faithfully
executed, and shall conduct in person or in such manner as may be
prescribed by law, all intercourse and business of the State with
other states and with the United States, and he shall be a
conservator of the peace throughout the State.
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SECTION VI-9. Messages and communications to Legislature.
At every session of the Legislature, and immediately upon its
organization, the Governor shall communicate by message, delivered to
a joint session of the two Houses, upon the condition of the State;
and shall recommend such matters to the Legislature as he shall judge
expedient. He shall also transmit a copy, to each house, of the full
report of each State officer and State commission. He shall
communicate, from time to time, such matters as he may elect or the
Legislature may require.
SECTION VI-10. Reprieves, commutations, paroles and pardons.
There is hereby created a Pardon and Parole Board to be composed
of five members; three to be appointed by the Governor; one by the
Chief Justice of the Supreme Court; one by the Presiding Judge of the
Criminal Court of Appeals or its successor. An attorney member of
the Board shall be prohibited from representing in the courts of this
state persons charged with felony offenses. The appointed members
shall hold their offices coterminous with that of the Governor and
shall be removable for cause only in the manner provided by law for
elective officers not liable to impeachment. It shall be the duty of
the Board to make an impartial investigation and study of applicants
for commutations, pardons or paroles, and by a majority vote make its
recommendations to the Governor of all persons deemed worthy of
clemency. Provided, the Pardon and Parole Board shall have no
authority to make recommendations regarding parole for persons
sentenced to death or sentenced to life imprisonment without parole.
The Pardon and Parole Board by majority vote shall have the power
and authority to grant parole for nonviolent offenses after
conviction, upon such conditions and with such restrictions and
limitations as the majority of the Pardon and Parole Board may deem
proper or as may be required by law. The Pardon and Parole Board
shall have no authority to grant but may recommend parole for persons
sentenced pursuant to Section 13.1 of Title 21 of the Oklahoma
Statutes or the exceptions to nonviolent offenses as defined by
Section 571 of Title 57 of the Oklahoma Statutes.
The Governor shall have the power to grant, after conviction and
after favorable recommendation by a majority vote of the Pardon and
Parole Board, commutations, pardons and paroles for all offenses,
except cases of impeachment, upon such conditions and with such
restrictions and limitations as the Governor may deem proper, subject
to such regulations as may be prescribed by law. Provided, the
Governor shall not have the power to grant paroles if a person has
been sentenced to death or sentenced to life imprisonment without
parole. The Legislature shall have the authority to prescribe a
minimum mandatory period of confinement which must be served by a
person prior to being eligible to be considered for parole. The
Governor shall have power to grant after conviction, reprieves or
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leaves of absence not to exceed sixty (60) days, without the action
of the Pardon and Parole Board.
The Governor shall communicate to the Legislature, at each
regular session, each case of reprieve, commutation, parole or pardon
granted, stating the name of the person receiving clemency, the crime
of which the person was convicted, the date and place of conviction,
and the date of commutation, pardon, parole or reprieve.
The Pardon and Parole Board shall communicate to the Legislature,
at each regular session, all paroles granted, stating the names of
the persons paroled, the crimes of which the persons were convicted,
the dates and places of conviction, and the dates of paroles.
Amended by State Question No. 309, Legislative Referendum No. 86,
adopted at special election held on July 11, 1944; State Question No.
525, Legislative Referendum No. 219, adopted at election held on Nov.
7, 1978; State Question No. 593, Legislative Referendum No. 257,
adopted at election held on Nov. 4, 1986; State Question No. 664,
Legislative Referendum No. 298, adopted at election held on Aug. 23,
1994; State Question No. 762, Legislative Referendum No. 360, adopted
at election held on Nov. 6, 2012.
SECTION VI-11. Approval or veto of bills - Passage over veto -
Failure to return bill.
Every bill which shall have passed the Senate and House of
Representatives, and every resolution requiring the assent of both
branches of the Legislature, shall, before it becomes a law, be
presented to the Governor; if he approve, he shall sign it; if not,
he shall return it with his objections to the house in which it shall
have originated, who shall enter the objections at large in the
Journal and proceed to reconsider it. If, after such
reconsideration, two-thirds of the members elected to that house
shall agree to pass the bill or joint resolution, it shall be sent,
together with the objections, to the other house, by which it shall
likewise be reconsidered; and, if approved by two-thirds of the
members elected to that house, it shall become a law, notwithstanding
the objections of the Governor. In all such cases, the vote in both
houses shall be determined by yeas and nays, and the names of the
members voting shall be entered on the Journal of each house
respectively. If any bill or resolution shall not be returned by the
Governor within five days (Sundays excepted) after it shall have been
presented to him, the same shall be a law in like manner as if he had
signed it, unless the Legislature shall, by their adjournment,
prevent its return, in which case it shall not become a law without
the approval of the Governor. No bill shall become a law after the
final adjournment of the Legislature, unless approved by the Governor
within fifteen days after such adjournment.
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SECTION VI-12. Appropriation bills - Approval or disapproval -
Emergency bills.
Every bill passed by the Legislature, making appropriations of
money embracing distinct items, shall, before it becomes a law, be
presented to the Governor; if he disapproves the bill, or any item,
or appropriation therein contained, he shall communicate such
disapproval, with his reasons therefor, to the house in which the
bill shall have originated, but all items not disapproved shall have
the force and effect of law according to the original provisions of
the bill. Any item or items so disapproved shall be void, unless
repassed by a two-thirds vote, according to the rules and limitations
prescribed in the preceding section in reference to other bills:
Provided, That this section shall not relieve emergency bills of the
requirement of the three-fourths vote.
SECTION VI-13. Officers' commissions - Vacancies.
The Governor shall commission all officers not otherwise
commissioned by law. All commissions shall run in the name and by
the authority of the "State of Oklahoma," be signed by the Governor,
sealed with the Great Seal of the State of Oklahoma, and attested by
the Secretary of State. When any office shall become vacant, he
shall, unless otherwise provided by law, appoint a person to fill
such vacancy, who shall continue in office until a successor shall
have been duly elected or appointed, and qualified according to law.
SECTION VI-14. Adjournment of Legislature - Changing place of
meeting.
In case of a disagreement between the two houses of the
Legislature, at a regular or special session, with respect to the
time of adjournment, the Governor may, if the facts be certified to
him, by the presiding officer of the house first moving the
adjournment, adjourn them to such time as he shall deem proper, not
beyond the day of the next stated meeting of the Legislature. He may
convoke the Legislature at or adjourn it to another place, when, in
his opinion, the public safety or welfare, or the safety or health of
the members require it: Provided, however, That such change or
adjournment shall be concurred in by a two-thirds vote of all the
members elected to each branch of the Legislature.
SECTION VI-15. Qualifications - President of Senate - Impeachment,
etc., during vacancy in Governor's office.
The Lieutenant Governor shall possess the same qualifications of
eligibility for office as the Governor. He shall be president of the
Senate, but shall have only a casting vote therein, and also in joint
vote of both houses. If, during a vacancy of the office of Governor,
the Lieutenant Governor shall be impeached, displaced, resign, die or
be absent from the State, or become incapable of performing the
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duties of the office, the president, pro tempore, of the Senate,
shall act as Governor until the vacancy be filled or the disability
shall cease; and if the president, pro tempore, of the Senate, for
any of the above enumerated causes, shall become incapable of
performing the duties pertaining to the office of Governor, the
Speaker of the House of Representatives shall act as Governor until
the vacancy be filled or the disability shall cease. Further
provisions for succession to the office of Governor shall be
prescribed by law.
SECTION VI-16. Devolution of powers and duties of Governor upon
Lieutenant Governor.
In case of impeachment of the Governor, or of his death, failure
to qualify, resignation, removal from the State, or inability to
discharge the powers and duties of the office, the said office, with
its compensation, shall devolve upon the Lieutenant Governor for the
residue of the term or until the disability shall be removed.
SECTION VI-17. Duties generally.
The Secretary of State shall keep a register of the official acts
of the Governor, and when necessary, shall attest them, and shall lay
copies of the same, together with copies of all papers relative
thereto, before either house of the Legislature when required to do
so. He shall also perform such other duties as shall be prescribed
by law.
SECTION VI-18. Custody and use of seal - Designation.
The Secretary of State shall be the custodian of the Seal of the
State, and authenticate therewith all official acts of the Governor
except his approval of laws. The said seal shall be called "The
Great Seal of the State of Oklahoma."
SECTION VI-19. Qualifications, powers and duties.
The State Auditor and Inspector must have had at least three
years' experience as an expert accountant; his duties shall be,
without notice to such treasurer, to examine the state and all county
treasurers' books, accounts and cash on hand or in bank at least
twice each year, and publish his report as to every such treasurer
once each year. For the purpose of such examination he shall take
complete possession of such treasurer's office. He shall also
prescribe a uniform system of bookkeeping for the use of all
treasurers. The State Auditor and Inspector shall perform such other
duties and have such other powers as may be prescribed by law.
Amended by State Question No. 510, Legislative Referendum No. 210,
adopted at election held on July 22, 1975, eff. Jan. 8, 1979.
SECTION VI-20. Department created - Duties.
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A Department of Labor is hereby created to be under the control
of a Commissioner of Labor whose duties shall be prescribed by law.
Amended by State Question No. 512, Legislative Referendum No. 212,
adopted at election held on July 22, 1975, eff. Jan. 8, 1979.
SECTION VI-21. Board of Arbitration and Conciliation.
The Legislature shall create a Board of Arbitration and
Conciliation in the Department of Labor and the Commissioner of Labor
shall be ex-officio chairman.
SECTION VI-22. Insurance Department established - Function.
There is hereby established an Insurance Department, which shall
be charged with the execution of all laws now in force, or which
shall hereafter be passed, in relation to insurance and insurance
companies doing business in the State.
SECTION VI-23. Commissioner - Election - Term of office -
Qualifications.
A. There shall be elected by the qualified electors of the
State, at the first general election, a chief officer of the
Insurance Department, who shall be styled the "Insurance
Commissioner", whose term of office shall be four years: Provided,
That the first term of the Insurance Commissioner so elected, shall
expire at the time of the expiration of the term of office of the
first Governor elected. The Insurance Commissioner shall be at least
twenty-five (25) years of age and well versed in insurance matters.
B. No person shall be eligible to serve as Insurance
Commissioner for a period of time in excess of eight (8) years. Such
years need not be consecutive. Any years served by a person elected
or appointed to serve less than a full term to fill a vacancy in such
office shall not be included in the limitation set forth herein. Any
person serving in such position at the time of passage of this
amendment shall be eligible to complete the term for which he or she
has been elected and shall be eligible to serve an additional eight
(8) years thereafter, notwithstanding the provisions of this
amendment. The Legislature is hereby authorized to enact laws to
implement the provisions of this subsection.
Amended by State Question No. 747, Legislative Referendum No. 348,
adopted at election held on Nov. 2, 2010.
SECTION VI-24. Bond of commissioner - Additional duties and
qualifications.
The Insurance Commissioner shall give bond, perform such duties,
and possess such further qualifications as may be prescribed by law.
SECTION VI-25. Creation of office - Term and qualifications -
Duties, oath and bond.
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There is hereby created a Department of Mines, which shall be
charged with the execution of all laws now in force or which shall
hereafter be passed in relation to mining activities and corporations
engaged in mining activities within the state.
Amended by State Question No. 513, Legislative Referendum No. 213,
adopted at election held on July 22, 1975, eff. Jan. 8, 1979; State
Question No. 594, Legislative Referendum No. 258, adopted at election
held on Aug. 26, 1986.
SECTION VI-26. Repealed by State Question No. 594, Legislative
Referendum No. 258, adopted at election held on Aug. 26, 1986.
Repeal proposed by Laws 1985, p. 1676, H.J.R. No. 1018.
SECTION VI-27. Repealed by State Question No. 509, Legislative
Referendum No. 209, adopted at election held on July 22, 1975, eff.
Jan. 8, 1979. Repeal proposed by Laws 1975, p. 732, S.J.R. No. 37, §
2.
SECTION VI-28. Repealed by State Question No. 509, Legislative
Referendum No. 209, adopted at election held on July 22, 1975, eff.
Jan. 8, 1979. Repeal proposed by Laws 1975, p. 732, S.J.R. No. 37, §
2.
SECTION VI-29. Repealed by State Question No. 509, Legislative
Referendum No. 209, adopted at election held on July 22, 1975, eff.
Jan. 8, 1979. Repeal proposed by Laws 1975, p. 732, S.J.R. No. 37, §
2.
SECTION VI-30. Repealed by State Question No. 509, Legislative
Referendum No. 209, adopted at election held on July 22, 1975, eff.
Jan. 8, 1979. Repeal proposed by Laws 1975, p. 732, S.J.R. No. 37, §
2.
SECTION VI-31. Creation and membership - Status, authority and
duties.
A Board of Agriculture is hereby created to be composed of five
members all of whom shall be farmers and shall be selected in the
manner prescribed by law.
Said Board shall be maintained as a part of the State government,
and shall have jurisdiction over all matters affecting animal
industry and animal quarantine regulation, and shall be the Board of
Regents of all State Agricultural and Mechanical Colleges, and shall
discharge such other duties and receive such compensation as now is,
or may hereafter be, provided by law.
Amended by State Question No. 38, Initiative Petition No. 23, adopted
at election held on Nov. 5, 1912; State Question No. 60, Referendum
Petition No. 23, adopted at election held on Aug. 5, 1913.
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SECTION VI-31a. Board of Regents for agricultural and mechanical
schools and colleges - Members - Vacancies - Removal - Terms.
There is hereby created a Board of Regents for the Oklahoma
Agricultural and Mechanical College and all Agricultural and
Mechanical Schools and Colleges maintained in whole or in part by the
State. The Board shall consist of nine (9) members, eight (8)
members to be appointed by the Governor by and with the advice and
consent of the Senate, a majority of whom shall be farmers, and the
ninth member shall be the President of the State Board of
Agriculture. Any vacancy occurring among the appointed members shall
be filled by appointment of the Governor by and with the advice and
consent of the Senate. The members of the Board shall be removable
only for cause as provided by law for the removal of officers not
subject to impeachment. The members shall be appointed for terms of
eight (8) years each, with one term expiring each year, provided that
the members of the first Board shall be appointed for terms of from
one (1) to eight (8) years respectively. Provided that no State,
National or County officer shall ever be appointed as a member of
said Board of Regents until two years after his tenure as such
officer has ceased.
Added by State Question No. 310, Referendum Petition No. 87, adopted
at special election held on July 11, 1944.
SECTION VI-32. Membership and functions.
A. The Governor, Lieutenant Governor, State Auditor,
Superintendent of Public Instruction and the President of the Board
of Agriculture shall constitute the Commissioners of the Land Office,
who shall have charge of the sale, rental, disposal and managing of
the school lands and other public lands of the state, and of the
funds and proceeds derived therefrom, under rules and regulations
prescribed by the Legislature.
B. Should the offices of State Examiner and Inspector and State
Auditor be consolidated in the office of State Auditor and Inspector,
the State Auditor shall be replaced as a member of the Commissioners
of the Land Office by the State Auditor and Inspector. Should the
offices not be so consolidated, the membership of the Board shall
remain as prescribed in subsection A of this section.
Amended by State Question No. 514, Legislative Referendum No. 214,
adopted at election held on July 22, 1975, eff. Jan. 8, 1979.
SECTION VI-33. Accounts and reports of officers and commissioners.
An account shall be kept by the officers and commissioners of the
State of all moneys and choses in action disbursed or otherwise
disposed of severally by them, from all sources, and for every
service performed; and a report thereof shall be made semi-annually
and as often as may be required by law, to the Governor under oath.
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The Governor may, at any time, require information in writing, under
oath, from all officers and commissioners of the State, and all
officers of State institutions, penal, eleemosynary, educational, and
industrial on any subject relating to their respective offices and
institutions; which information, when so required, shall be furnished
by such officers and managers; and any officer or manager who, at any
time, shall make a false report, shall be punished as by law
provided.
SECTION VI-34. Compensation of officers.
Each of the officers in this article named shall, at stated
times, during his continuance in office, receive for his services a
compensation, which shall not be increased or diminished during the
term for which he shall have been elected; nor shall he receive to
his use, any fees, cost, or perquisites of office or other
compensation.
SECTION VI-35. Description of seal.
In the center shall be a five pointed star, with one ray directed
upward. The center of the star shall contain the central device of
the seal of the Territory of Oklahoma, including the words, "Labor
Omnia Vincit." The upper left hand ray shall contain the symbol of
the ancient seal of the Cherokee Nation, namely: A seven pointed
star partially surrounded by a wreath of oak leaves. The ray directed
upward shall contain the symbol of the ancient seal of the Chickasaw
Nation, namely: An Indian warrior standing upright with bow and
shield. The lower left hand ray shall contain the symbol of the
ancient seal of the Creek Nation, namely: A sheaf of wheat and a
plow. The upper right hand ray shall contain the symbol of the
ancient seal of the Choctaw Nation, namely: A tomahawk, bow, and
three crossed arrows. The lower right hand ray shall contain the
symbol of the ancient seal of the Seminole Nation, namely: A village
with houses and a factory beside a lake upon which an Indian is
paddling a canoe. Surrounding the central star and grouped between
its rays shall be forty-five small stars, divided into five clusters
of nine stars each, representing the forty-five states of the Union,
to which the forty-sixth is now added. In a circular band
surrounding the whole device shall be inscribed, "GREAT SEAL OF THE
STATE OF OKLAHOMA 1907."
ARTICLE VII - Judicial Department
SECTION VII-1. Courts in which judicial power vested.
The judicial power of this State shall be vested in the Senate,
sitting as a Court of Impeachment, a Supreme Court, the Court of
Criminal Appeals, the Court on the Judiciary, the State Industrial
Court, the Court of Bank Review, the Court of Tax Review, and such
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intermediate appellate courts as may be provided by statute, District
Courts, and such Boards, Agencies and Commissions created by the
Constitution or established by statute as exercise adjudicative
authority or render decisions in individual proceedings. Provided
that the Court of Criminal Appeals, the State Industrial Court, the
Court of Bank Review and the Court of Tax Review and such Boards,
Agencies and Commissions as have been established by statute shall
continue in effect, subject to the power of the Legislature to change
or abolish said Courts, Boards, Agencies, or Commissions. Municipal
Courts in cities or incorporated towns shall continue in effect and
shall be subject to creation, abolition or alteration by the
Legislature by general laws, but shall be limited in jurisdiction to
criminal and traffic proceedings arising out of infractions of the
provisions of ordinances of cities and towns or of duly adopted
regulations authorized by such ordinances.
Added by State Question No. 448, Legislative Referendum No. 164,
adopted at election held on July 11, 1967.
NOTE: A prior Section 1 of Article VII was repealed by State
Question No. 448, Legislative Referendum No. 164, adopted at election
held on July 11, 1967. Repeal proposed by Laws 1967, p. 698, H.J.R.
No. 508.
NOTE: Pursuant to 2010 H.J.R. No. 1056, State Question 755 proposed
an amendment to this section. State Question 755 was submitted to and
approved by the people at the November 2, 2010 general election. On
November 29, 2010, an injunction was issued, and election results for
State Question 755 were not certified. See Awad v. Ziriax, 754
F.Supp.2d 1298, affirmed 670 F.3d 1111. On August 15, 2013, a
permanent injunction was issued enjoining state officials from
certifying the election results. See Awad v. Ziriax, 966 F.Supp.2d
1198.
SECTION VII-2. Supreme Court Justices - Number - Terms - Vacancies -
Qualifications - Chief Justice - Vice Chief Justice.
The Supreme Court shall consist of nine Justices until the number
shall be changed by statute and each Justice shall be from a separate
district of the State. Each district shall remain as presently
constituted until otherwise provided by Statute. The terms of office
of the Justices of the Supreme Court shall be six years and shall
commence on the second Monday of January following their election.
Those appointed or elected to fill vacancies shall assume office
immediately upon qualifying for the office. Each Justice, at the
time of his election or appointment, shall have attained the age of
thirty years, shall have been a qualified elector in the district for
at least one year immediately prior to the date of filing or
appointment, and shall have been a licensed practicing attorney or
judge of a court of record, or both, in Oklahoma for five years
preceding his election or appointment and shall continue to be a duly
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licensed attorney while in office to be eligible to hold the office.
The Justices shall choose from among their members a Chief Justice
and a Vice Chief Justice.
Added by State Question No. 448, Legislative Referendum No. 164,
adopted at election held on July 11, 1967.
NOTE: A prior Section 2 of Article VII was repealed by State
Question No. 448, Legislative Referendum No. 164, adopted at election
held on July 11, 1967. Repeal proposed by Laws 1967, p. 698, H.J.R.
No. 508.
SECTION VII-3. Election of Justices and Judges - Vacancies.
From each of the Supreme Court districts and Court of Criminal
Appeals districts, the voters thereof shall elect a Justice of the
Supreme Court and a Judge of the Court of Criminal Appeals at a non-
partisan election, in a manner provided by statute. In the event
intermediate appellate courts are created, the judges thereof shall
be elected at a non-partisan election, in a manner provided by
statute. In the event of a vacancy the Governor shall, by
appointment from said district, fill such vacancy until the next
election for State Officers, and at such election the vacancy for the
unexpired term shall be filled by a non-partisan election in a manner
provided by statute.
Added by State Question No. 448, Legislative Referendum No. 164,
adopted at election held on July 11, 1967.
NOTE: A prior Section 3 of Article VII was repealed by State
Question No. 448, Legislative Referendum No. 164, adopted at election
held on July 11, 1967. Repeal proposed by Laws 1967, p. 698, H.J.R.
No. 508.
SECTION VII-4. Jurisdiction of Supreme Court - Writs.
The appellate jurisdiction of the Supreme Court shall be co-
extensive with the State and shall extend to all cases at law and in
equity; except that the Court of Criminal Appeals shall have
exclusive appellate jurisdiction in criminal cases until otherwise
provided by statute and in the event there is any conflict as to
jurisdiction, the Supreme Court shall determine which court has
jurisdiction and such determination shall be final. The original
jurisdiction of the Supreme Court shall extend to a general
superintending control over all inferior courts and all Agencies,
Commissions and Boards created by law. The Supreme Court, Court of
Criminal Appeals, in criminal matters and all other appellate courts
shall have power to issue, hear and determine writs of habeas corpus,
mandamus, quo warranto, certiorari, prohibition and such other
remedial writs as may be provided by law and may exercise such other
and further jurisdiction as may be conferred by statute. Each of the
Justices or Judges shall have power to issue writs of habeas corpus
to any part of the State upon petition by or on behalf of any person
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held in actual custody and make such writs returnable before himself,
or before the Supreme Court, other Appellate Courts, or before any
District Court, or judge thereof in the State. The appellate and the
original jurisdiction of the Supreme Court and all other appellate
courts shall be invoked in the manner provided by law.
Added by State Question No. 448, Legislative Referendum No. 164,
adopted at election held on July 11, 1967.
NOTE: A prior Section 4 of Article VII was repealed by State
Question No. 448, Legislative Referendum No. 164, adopted at election
held on July 11, 1967. Repeal proposed by Laws 1967, p. 698, H.J.R.
No. 508.
SECTION VII-5. Sessions - Quorum - Intermediate appellate courts -
Form of decisions - Clerk of Supreme Court.
The sessions of the Supreme Court shall be held at the seat of
government, and the sessions and duration thereof shall be fixed by
rule of said Court. A majority of the members of the Supreme Court
shall constitute a quorum and the concurrence of the majority of said
Court shall be necessary to decide any question. The jurisdiction,
powers, duties and procedures of intermediate appellate courts shall
be as provided by rules of the Supreme Court until otherwise provided
by statute. In the event of the creation of intermediate appellate
courts, all appeals shall be made to the Supreme Court, which may, by
rule, determine the method of assignment to, and recall from, the
intermediate appellate courts until otherwise provided by statute.
When the intermediate appellate courts acquire jurisdiction in any
cause and make final disposition of same, such disposition shall be
final and there shall be no further right of appeal except for
issuance of a writ of certiorari ordered by a majority of the Supreme
Court which may affirm, modify or make such other changes in said
decision as it deems proper. The Supreme Court and intermediate
appellate court decisions shall be in such form as the Supreme Court
shall specify by rule and the Court of Criminal Appeals decisions
shall be in such form as it shall specify by rule, until otherwise
provided by statute. The Supreme Court shall appoint a Clerk of the
Supreme Court, who shall serve at the pleasure of the Supreme Court
and who shall perform the duties prescribed by law and rules of the
Supreme Court. The Clerk of the Supreme Court in office on the
effective date of this Article shall continue in office for the
duration of his elective term.
Added by State Question No. 448, Legislative Referendum No. 164,
adopted at election held on July 11, 1967.
NOTE: A prior Section 5 of Article VII was repealed by State
Question No. 448, Legislative Referendum No. 164, adopted at election
held on July 11, 1967. Repeal proposed by Laws 1967, p. 698, H.J.R.
No. 508.
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SECTION VII-6. Administrative authority - Director and staff.
Except with reference to the Senate sitting as a Court of
Impeachment and the Court on the Judiciary, general administrative
authority over all courts in this State, including the temporary
assignment of any judge to a court other than that for which he was
selected, is hereby vested in the Supreme Court and shall be
exercised by the Chief Justice in accordance with its rules. The
Supreme Court shall appoint an administrative director and staff, who
shall serve at its pleasure to assist the Chief Justice in his
administrative duties and to assist the Court on the Judiciary.
Added by State Question No. 448, Legislative Referendum No. 164,
adopted at election held on July 11, 1967.
NOTE: A prior Section 6 of Article VII was repealed by State
Question No. 448, Legislative Referendum No. 164, adopted at election
held on July 11, 1967. Repeal proposed by Laws 1967, p. 698, H.J.R.
No. 508.
SECTION VII-7. District Courts - Jurisdiction - Courts abolished -
Transfer of jurisdiction, files etc.
(a) The State shall be divided by the Legislature into judicial
districts, each consisting of an entire county or of contiguous
counties. There shall be one District Court for each judicial
district, which shall have such number of District Judges, Associate
District Judges and Special Judges as may be prescribed by statute.
The District Court shall have unlimited original jurisdiction of all
justiciable matters, except as otherwise provided in this Article,
and such powers of review of administrative action as may be provided
by statute. Existing electing districts for all who are or who
become District Judges and Associate District Judges under the terms
of this Article shall remain as they are constituted for the offices
formerly held by such persons on the effective date of this Article,
until changed by statute. The Legislature may at any time delegate
authority to the Supreme Court to designate by court rule the
division of the State into districts and the number of judges.
(b) All Courts in the State of Oklahoma, except those
specifically provided for in this Article, are hereby abolished at
midnight on the day preceding the effective date of this Article and
their jurisdiction, functions, powers and duties are transferred to
the respective District Courts, and, until otherwise provided by
statute, all non-judicial functions vested in such courts are
transferred to the District Courts and Judges thereof. No person
shall file a declaration of candidacy for any such court abolished
herein on or after July 1, 1968.
(c) Each court into which jurisdiction of other courts is
transferred shall succeed to and assume jurisdiction of all causes,
matters and proceedings then pending, with full power and authority
to dispose of them and to carry into execution or otherwise to give
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effect to all orders, judgments and decrees theretofore entered by
the predecessor courts.
(d) The files, books, papers, records, documents, monies,
securities and other property in the possession, custody, or control
of the court hereby abolished, or in the possession, custody or
control of any officer thereof, are transferred to the District
Court; and thereafter all proceedings in all court shall be matters
of record.
(e) In the event a transfer or transition has not been provided
for by law, the Supreme Court shall by rule provide for the orderly
transfer or transition.
Added by State Question No. 448, Legislative Referendum No. 164,
adopted at election held on July 11, 1967.
NOTE: A prior Section 7 of Article VII was repealed by State
Question No. 448, Legislative Referendum No. 164, adopted at election
held on July 11, 1967. Repeal proposed by Laws 1967, p. 698, H.J.R.
No. 508.
SECTION VII-8. Classes of District Court Judges - Selection - Terms
- Jurisdiction - Qualifications.
(a) The Judges of the District Court shall be District Judges,
Associate District Judges, and Special Judges. Each District Judge,
each Associate District Judge, and each Special Judge shall be
selected according to the provisions of this Article.
(b) Superior Court Judges shall become District Court Judges on
the effective date of this Article.
(c) Common Pleas, County, Children's and Juvenile Court Judges
shall become Associate District Judges in the following manner: Those
Judges whose terms expire after the effective date of this Article
shall become Associate District Judges on the effective date of this
Article. Those Judges whose terms expire on or before the effective
date of this Article, shall be subject to selection, in a manner
provided by law, as Associate District Judges for a term expiring the
day preceding the second Monday in January, 1971, and the selectees
shall become Associate District Judges on the effective date of this
Article.
(d) There shall be at least one Associate District Judge for
each County in the State. The number of District Judges, including
Superior Court Judges who become District Judges, and Associate
District Judges shall continue at the number held over under this
Article until changed by statute. The District Judges and Associate
District Judges shall exercise all jurisdiction in the District Court
except as otherwise provided by law. The District Courts, or any
Judges thereof, shall have the power to issue any writs, remedial or
otherwise necessary or proper to carry into effect their orders,
judgments, or decrees.
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(e) The appointment of any Judge to any Court abolished by this
Article made after its adoption shall be for a period ending on the
day preceding the effective day of this Article.
(f) The terms of District Judges and Associate District Judges
shall be for four years commencing on the second Monday of January in
1971 and vacancies shall be filled in the manner provided by law.
(g) Each District Judge shall have had prior to election or
appointment, a minimum of four years' experience as a licensed
practicing attorney, or as a judge of a court of record, or both,
within the State of Oklahoma; shall be a qualified elector of the
respective district; and shall have such additional qualifications as
may be prescribed by statute. Each Associate District Judge shall be
an attorney licensed to practice in the State of Oklahoma and an
elector in the County at the time of filing; and they shall have such
additional qualifications as prescribed by statute. Both District
Judges and Associate District Judges shall continue to be licensed
attorneys while in office.
(h) The District Judges in each judicial administrative district
shall appoint special judges to serve at their pleasure. The
District Judges may appoint a nonlawyer as a special judge if no
qualified licensed attorney is available. The jurisdiction of
Special Judges shall be limited as may be prescribed by statute. The
formula used for the number of special judges to be allowed to each
judicial administrative district shall be set by the Legislature.
All judges of special sessions courts shall become Special Judges for
the remainder of their terms.
(i) District Judges, Associate District Judges and Special
Judges may hold court anywhere in this State authorized by rule of
the Supreme Court.
Added by State Question No. 448, Legislative Referendum No. 164,
adopted at election held on July 11, 1967.
NOTE: A prior Section 8 of Article VII was repealed by State
Question No. 448, Legislative Referendum No. 164, adopted at election
held on July 11, 1967. Repeal proposed by Laws 1967, p. 698, H.J.R.
No. 508.
SECTION VII-9. Election of District Judges and Associate District
Judges.
District Judges and Associate District Judges shall be elected by
the voters of the several respective districts or counties at a non-
partisan election in the manner provided by statute.
Added by State Question No. 448, Legislative Referendum No. 164,
adopted at election held on July 11, 1967.
NOTE: A prior Section 9 of Article VII was repealed by State
Question No. 448, Legislative Referendum No. 164, adopted at election
held on July 11, 1967. Repeal proposed by Laws 1967, p. 698, H.J.R.
No. 508.
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SECTION VII-10. Judicial Administrative Districts.
(a) The State shall be divided into Judicial Administrative
Districts, by statute, each consisting of one or more District Court
Judicial Districts.
(b) The District Judges and Associate District Judges in each
Judicial Administrative District shall select one of the District
Judges to serve at their pleasure as Presiding Judge of such Judicial
Administrative District. Subject to the authority of the Supreme
Court, the Presiding Judge shall have general administrative
authority over the Judicial Administrative District, including
authority to provide for divisions, general or specialized, and for
appropriate times and places of holding court subject to law.
Added by State Question No. 448, Legislative Referendum No. 164,
adopted at election held on July 11, 1967.
NOTE: A prior Section 10 of Article VII was repealed by State
Question No. 448, Legislative Referendum No. 164, adopted at election
held on July 11, 1967. Repeal proposed by Laws 1967, p. 698, H.J.R.
No. 508.
SECTION VII-11. Salaries and expenses - Retirement.
(a) Judges and Supreme Court Justices shall receive for their
services salaries provided by statute. The salaries of Judges and
Justices shall not be diminished, but may be increased during their
respective terms of office. Judicial officers may be paid such
actual and necessary expenses as may be provided by statute. All
basic salaries and expenses, or any portion thereof, of judges of
District Courts shall be paid by the State unless otherwise provided
by Statute with such additional salaries as may be provided by
statute to be paid by the respective districts or counties.
(b) No Justices or Judges, except those of Municipal Courts,
shall engage in the practice of law nor hold any other office or
position of profit under the United States or this State or any
municipal corporation or political subdivision of this State, nor
shall hold office in any political party. Provided that the Judges
of the Court on the Judiciary, the Court of Tax Review and the Court
of Bank Review and the Judges of any other such Special Courts may
serve in such capacities in addition to their other judicial office.
Compensation for service in the National Guard or the armed forces of
the United States for such periods of time as may be determined by
rules of the Supreme Court shall not be deemed "profit".
(c) Notwithstanding the provisions of this Article relating to
terms of office, the Legislature may provide by statute for a maximum
age qualification for election or appointment to office and for the
retirement of Justices and Judges automatically at a prescribed age
or after a certain number of years of service, or both. The
compensation, age of retirement and procedure for retirement shall be
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prescribed by statute. Any retired Justice or Judge may, in the
discretion of the Supreme Court, be assigned to Judicial service.
The compensation for such service shall be that to which the Justice
or Judge is entitled in accordance with benefits as provided by
statute.
Added by State Question No. 448, Legislative Referendum No. 164,
adopted at election held on July 11, 1967.
NOTE: A prior Section 11 of Article VII was repealed by State
Question No. 448, Legislative Referendum No. 164, adopted at election
held on July 11, 1967. Repeal proposed by Laws 1967, p. 698, H.J.R.
No. 508.
SECTION VII-12. Continuing provisions.
Except to the extent inconsistent with the provisions of this
Article, all provisions of law and rules of court in force on the
effective date of this Article shall continue in effect until
superseded in a manner authorized by law.
Added by State Question No. 448, Legislative Referendum No. 164,
adopted at election held on July 11, 1967.
NOTE: A prior Section 12 of Article VII was repealed by State
Question No. 448, Legislative Referendum No. 164, adopted at election
held on July 11, 1967. Repeal proposed by Laws 1967, p. 698, H.J.R.
No. 508.
SECTION VII-13. Savings clause.
In the event the abolition of any court or office hereunder is
held by any court of competent jurisdiction to not take effect upon
the effective date of this Article, then such court or office shall
be abolished and terminated at the expiration of the term of the
officer holding such office with the same provisions applying
thereto, as if abolished on the effective date of this Article.
Added by State Question No. 448, Legislative Referendum No. 164,
adopted at election held on July 11, 1967.
NOTE: A prior Section 13 of Article VII was repealed by State
Question No. 448, Legislative Referendum No. 164, adopted at election
held on July 11, 1967. Repeal proposed by Laws 1967, p. 698, H.J.R.
No. 508.
SECTION VII-14. Effective dates - Implementing acts.
This Judicial Article shall become effective on January 13, 1969;
except those provisions expressly authorizing or directing a
different date; and except those provisions relating to the Supreme
Court, the Court of Criminal Appeals, intermediate appellate courts
and the Justices and Judges of such Courts, which shall become
effective immediately upon the adoption of this Judicial Article. On
or after the first Tuesday after the first Monday in January, 1968,
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the Legislature shall enact the necessary and appropriate laws to
implement and place in operation the provisions of this Article.
Added by State Question No. 448, Legislative Referendum No. 164,
adopted at election held on July 11, 1967.
NOTE: A prior Section 14 of Article VII was repealed by State
Question No. 448, Legislative Referendum No. 164, adopted at election
held on July 11, 1967. Repeal proposed by Laws 1967, p. 698, H.J.R.
No. 508.
SECTION VII-15. Jury trials - Verdicts.
In all jury trials the jury shall return a general verdict, and
no law in force nor any law hereafter enacted, shall require the
court to direct the jury to make findings of particular questions of
fact, but the court may, in its discretion, direct such special
findings.
Added by State Question No. 448, Legislative Referendum No. 164,
adopted at election held on July 11, 1967.
NOTE: A prior Section 15 of Article VII was repealed by State
Question No. 448, Legislative Referendum No. 164, adopted at election
held on July 11, 1967. Repeal proposed by Laws 1967, p. 698, H.J.R.
No. 508.
SECTION VII-16. Repealer.
Article VII of the Constitution of the State of Oklahoma is
hereby repealed.
Added by State Question No. 448, Legislative Referendum No. 164,
adopted at election held on July 11, 1967.
NOTE: This section of State Question No. 448, Legislative Referendum
No. 164, adopted at election held on July 11, 1967, repealed a prior
Article VII containing Sections 1 through 25, and replaced it with a
new Article VII containing Sections 1 through 16. Repeal proposed by
Laws 1967, p. 698, H.J.R. No. 508.
SECTION VII-17. Repealed by State Question No. 448, Legislative
Referendum No. 164, adopted at election held on July 11, 1967.
Repeal proposed by Laws 1967, p. 698, H.J.R. No. 508.
SECTION VII-18. Repealed by State Question No. 448, Legislative
Referendum No. 164, adopted at election held on July 11, 1967.
Repeal proposed by Laws 1967, p. 698, H.J.R. No. 508.
SECTION VII-19. Repealed by State Question No. 448, Legislative
Referendum No. 164, adopted at election held on July 11, 1967.
Repeal proposed by Laws 1967, p. 698, H.J.R. No. 508.
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SECTION VII-20. Repealed by State Question No. 448, Legislative
Referendum No. 164, adopted at election held on July 11, 1967.
Repeal proposed by Laws 1967, p. 698, H.J.R. No. 508.
SECTION VII-21. Repealed by State Question No. 448, Legislative
Referendum No. 164, adopted at election held on July 11, 1967.
Repeal proposed by Laws 1967, p. 698, H.J.R. No. 508.
SECTION VII-22. Repealed by State Question No. 448, Legislative
Referendum No. 164, adopted at election held on July 11, 1967.
Repeal proposed by Laws 1967, p. 698, H.J.R. No. 508.
SECTION VII-23. Repealed by State Question No. 448, Legislative
Referendum No. 164, adopted at election held on July 11, 1967.
Repeal proposed by Laws 1967, p. 698, H.J.R. No. 508.
SECTION VII-24. Repealed by State Question No. 448, Legislative
Referendum No. 164, adopted at election held on July 11, 1967.
Repeal proposed by Laws 1967, p. 698, H.J.R. No. 508.
SECTION VII-25. Repealed by State Question No. 448, Legislative
Referendum No. 164, adopted at election held on July 11, 1967.
Repeal proposed by Laws 1967, p. 698, H.J.R. No. 508.
ARTICLE VII-A - Court on the Judiciary
SECTION VII-A-1. Removal of judges from office - Compulsory
retirement - Causes.
(a) In addition to other methods and causes prescribed by the
Constitution and laws, the judges of any court, exercising judicial
power under the provisions of Article VII, or under any other
provision, of the Constitution of Oklahoma, shall be subject to
removal from office, or to compulsory retirement from office, for
causes herein specified, by proceedings in the Court on the
Judiciary.
(b) Cause for removal from office shall be: Gross neglect of
duty; corruption in office; habitual drunkenness; commission while in
office of any offense involving moral turpitude; gross partiality in
office; oppression in office; or other grounds as may be specified
hereafter by the legislature.
(c) Cause for compulsory retirement from office, with or without
compensation, shall be mental or physical disability preventing the
proper performance of official duty, or incompetence to perform the
duties of the office.
Added by State Question No. 431, Referendum Petition No. 152, adopted
at election held on May 3, 1966.
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SECTION VII-A-2. Creation of Court on the Judiciary - Trial and
Appellate Divisions - Jurisdiction - Membership.
(a) There is created a Court on the Judiciary, hereinafter
referred to as the Court, divided into a Trial Division and an
Appellate Division. The Court is vested, subject to the provisions
of this Article, with sole and exclusive jurisdiction to hear and
determine causes arising thereunder.
(b) The Trial Division shall be composed of nine (9) members,
eight (8) of whom shall be the district judges senior in service, but
under sixty (60) years of age, with no two (2) from the same Supreme
Court Judicial District (in case of equal seniority, the eldest in
years to serve), and one (1) active member of the Oklahoma Bar
Association, chosen by its Executive Council or other body exercising
similar powers.
(c) The Appellate Division shall be composed of two (2) members
of the Supreme Court, chosen by that court; one (1) member of the
Court of Criminal Appeals, chosen by that court; one (1) active
member of the Oklahoma Bar Association, chosen by its Executive
Council or other body exercising similar powers; and five (5)
district judges, senior in service but under sixty-five (65) years of
age; except that no more than one (1) district judge from any Supreme
Court Judicial District shall serve. In the event of equal
seniority, the eldest in years shall serve. If any district judge is
qualified for both divisions, he shall serve on the Appellate
Division and the next in qualification shall serve on the Trial
Division.
(d) Within thirty (30) days after the adoption of this
amendment, and thereafter prior to the first day in February of each
odd-numbered year, the Chief Justice of the Supreme Court, the
Presiding Judge of the Court of Criminal Appeals and the President of
the Bar Association shall certify to the Secretary of State the names
of the judges who are chosen, respectively, by the said courts and by
the Oklahoma Bar Association. The Secretary of State shall determine
the district judges who hold membership on the Trial Division and the
Appellate Division. Promptly thereafter he shall notify the members
of the respective divisions to meet at the State Capitol on a day
certain, within thirty (30) days, for purposes of organization and of
making or amending rules of procedure.
(e) Members of the courts so designated shall serve until March
First of the odd-numbered year next after the year in which they are
named. The attainment of the age limit specified shall not terminate
their service during the term.
Added by State Question No. 431, Referendum Petition No. 152, adopted
at election held on May 3, 1966.
SECTION VII-A-3. Presiding judge - Rules - Meetings - Clerk -
Powers.
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(a) Subject to the provisions of this Article, each division of
the Court shall select its presiding judge, and shall be judge of the
qualifications and the disqualification of its own members and shall
make and publish its own rules of procedure. Each division shall
meet on call of its presiding judge or three (3) of its members; a
majority of the authorized membership of either division of the court
shall constitute a quorum for the exercise of any or all of the
jurisdiction of that division, regardless of whether or not vacancies
exist in the membership of that division.
(b) The Clerk of the Supreme Court shall be the clerk of the
court. He shall perform his duties under the direction of the Court
or of the presiding judges.
(c) In the exercise of its jurisdiction, the Court is vested
with full judicial power and authority, including the power to summon
witnesses to appear and testify under oath and to compel the
production of books, papers, documents, records and other evidential
objects; to issue all manner of judicial and remedial process and
writs, legal or equitable; to provide for discovery procedures in
advance of trial; to make rules governing procedure; to grant full
immunity from prosecution or punishment when deemed necessary and
proper in order to compel the giving of testimony under oath or the
production of books, papers, documents, records or other evidential
objects. The specific enumeration of powers herein shall not
derogate from the existence of other judicial power and authority in
the Court, or from the exercise thereof in aid of its jurisdiction.
Added by State Question No. 431, Referendum Petition No. 152, adopted
at election held on May 3, 1966.
SECTION VII-A-4. Invoking jurisdiction by petition - Hearing.
(a) The jurisdiction of the Trial Division of the Court may be
invoked by a petition, filed either by the Supreme Court or the Chief
Justice thereof; by the Governor; by the Attorney General; or by the
Executive Secretary of the Oklahoma Bar Association when directed so
to do by a vote of a majority of all members of its Executive
Council; or by Resolution of the House of Delegates or by Resolution
of the House of Representatives of the State of Oklahoma. The
petition shall state the name of the respondent; the grounds upon
which his removal from office or compulsory retirement from office is
sought; and such other matters as may be specified by the rules of
the Trial Division. It shall be subject to amendment by order of
either division of the Court.
(b) Immediately upon the filing of the petition, the Clerk shall
notify the presiding officer of the Trial Division, and the
respondent named therein, in accordance with the rules of the Trial
Division. The presiding judge of the Trial Division shall secure
from the Executive Council of the Oklahoma Bar Association a panel of
five (5) active members of the Association from which the presiding
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judge shall designate the prosecutor, and any necessary assistant, to
conduct the proceeding against the respondent.
(c) The Trial Division or the presiding judge shall set the
matter for hearing, not less than sixty (60) days after notice of the
filing of the petition shall have been given the respondent. In all
procedural matters not covered by rule of the Trial Division, the
provisions of the Code of Civil Procedure, or of the common law of
Oklahoma, shall be followed, so far as they may be applicable.
(d) Pending the determination of the proceedings, the Trial
Division in its discretion may suspend the respondent from the
exercise of his office. After full hearing, the Trial Division shall
render such judgment as the facts may justify. No judgment shall
extend further than: (1) to removal of the respondent from office,
with or without disqualification to hold any public office of honor,
trust, or profit under this State, or (2) to compulsory retirement
from office; but such a proceeding, regardless of result, shall not
bar or prejudice any other proceeding, civil or criminal, authorized
by law. A judicial officer who is a member of the retirement
compensation system prescribed by this Article and is compulsory
retired shall receive the retirement compensation to which his term
of service entitled him. If he is not qualified for full retirement
compensation, he may receive such compensation as the Court may
decree, in proportion to time served and in accordance with
principles of justice and equity, alike as to amount, commencement of
payment, terms of payment, or other relevant conditions or
limitations.
Added by State Question No. 431, Referendum Petition No. 152, adopted
at election held on May 3, 1966.
SECTION VII-A-5. Appeal to Appellate Division.
(a) From any judgment of the Trial Division, the respondent or
the prosecutor may appeal to the Appellate Division, by filing a
notice of appeal with the Clerk of the Supreme Court, within ten days
after entry of the judgment. The notice shall be served upon the
opposite party in the manner prescribed by the rules of the Appellate
Division.
(b) The preparation and certification of the record upon appeal
and all proceedings upon the appeal, not prescribed by this action,
shall be governed by the rules of the Appellate Division.
(c) The review in the Appellate Division shall be an equity
appeal, as to both law and fact. The Appellate Division may affirm,
modify or reverse the judgment of the Trial Division, or enter a new
judgment, as justice may require.
(d) If justice requires, the Appellate Division may hear
additional evidence upon the appeal, upon a showing to the
satisfaction of the Division that the additional evidence is material
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and that there were good reasons for failure to present it to the
Trial Division.
Added by State Question No. 431, Referendum Petition No. 152, adopted
at election held on May 3, 1966.
SECTION VII-A-6. Established rules to apply - Judge pro tem -
Compensation.
(a) In all proceedings before the Court the established rules
for disqualification of judges for interest, prejudice or partiality
shall apply. No district judge shall sit in a matter in which the
respondent is a judge of a court within his district court judicial
district. In the event of the disqualification or failure to act of
a member of the Court, a judge pro tem to sit in his place shall be
named by the authority appointing him, if he is a district judge, the
qualified district judge from his Supreme Court judicial district,
next in seniority, shall serve as judge pro tem.
(b) Members of the Court shall serve without compensation, but
shall receive the allowance for expense permitted district judges
serving outside their districts.
(c) The prosecutors shall receive such fair and just
compensation as the respective division of the Court shall award for
service before that division.
(d) The Legislature shall appropriate such sums as may be
necessary to carry out the provisions of this Article.
Added by State Question No. 431, Referendum Petition No. 152, adopted
at election held on May 3, 1966.
SECTION VII-A-7. Exclusive jurisdiction.
No other court shall have jurisdiction to restrict or control or
review the orders of the Appellate Division of the Court on the
Judiciary and no court except the Appellate Division shall have
jurisdiction to restrict, control or review the orders of the Trial
Division. District and Superior Courts shall, on direction of the
Division of the Court on the Judiciary, aid in carrying out its
procedure and mandates.
Added by State Question No. 431, Referendum Petition No. 152, adopted
at election held on May 3, 1966.
ARTICLE VII-B - Selection of Justices and Judges
SECTION VII-B-1. Governing provisions - Definitions.
(a) The provisions of this Article shall govern the selection
and tenure of all Justices of the Supreme Court and Judges of the
Court of Criminal Appeals of the State of Oklahoma, to which the
provisions hereof may be extended as hereinafter provided, other
provisions of the Constitution or statutes of the State of Oklahoma
to the contrary notwithstanding, and the provisions of Article VII as
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proposed by House Joint Resolution No. 508 of the First Session of
the Thirty-first Oklahoma Legislature to the contrary
notwithstanding.
(b) As used in this Section, "Judicial Office" means the offices
of Justice of the Supreme Court and Judges of the Court of Criminal
Appeals and "Judicial Officer" means a Justice or Judge of each such
court, excluding retired or supernumerary Justices or Judges.
Added by State Question No. 447, Legislative Referendum No. 163,
adopted at election held on July 11, 1967.
SECTION VII-B-2. Declaration of candidacy - Election.
At the general election next before his term expires, any
Judicial Officer may seek retention in office by filing with the
Secretary of State, not less than sixty (60) days before the date of
such election, a declaration of candidacy to succeed himself.
Thereupon, at such election, there shall be submitted to the
qualified electors of the State, on a separate ballot, without party
designation, this question:
"Shall (Here insert name of Justice or Judge) of (Here
insert the title of the court) be retained in Office?
□ YES
□ NO
The question shall be decided by a majority of those voting
thereon. If the decision is "yes" the Judicial Officer shall be
retained in office for the next ensuing six (6) year term. If the
decision is "no", or if no declaration of candidacy is filed, the
office shall be vacant upon expiration of the term then being served,
and the former Judicial Officer shall not be eligible for appointment
to succeed himself. Retention in office may be sought for successive
terms without limit as to number, except for retirement as may be
provided by the Legislature for a maximum retirement age.
Added by State Question No. 447, Legislative Referendum No. 163,
adopted at election held on July 11, 1967.
SECTION VII-B-3. Judicial Nominating Commission.
(a) There is established as a part of the Judicial Department a
Judicial Nominating Commission of fifteen (15) members, to consist
of:
(1) six members to be appointed by the Governor, which shall
include at least one from each congressional district established by
the Statutes of Oklahoma and existing at the date of the adoption of
this Article, none of whom shall be admitted to practice law in the
State of Oklahoma or have any immediate family member who has been
admitted to the practice of law in the State of Oklahoma or any other
state;
(2) six members, which shall include at least one from each
congressional district established by the Statutes of Oklahoma and
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existing at the date of the adoption of this Article who are,
however, members of the Oklahoma Bar Association and who have been
elected by the other active members of their district under
procedures adopted by the Board of Governors of the Oklahoma Bar
Association, until changed by statute; and
(3) three members at large who shall not have been admitted to
the practice of law in the State of Oklahoma or any other state or
have any immediate family member who has been admitted to the
practice of law in the State of Oklahoma or any other state but who
shall be a resident of the State of Oklahoma, one to be selected by
not less than eight members of the Nominating Commission. In the
event eight members of the Commission cannot agree upon the member
at large within thirty (30) days of the initial organization of the
Commission or within thirty (30) days of a vacancy in the member at
large position, the Governor shall make the appointment of the member
at large; one to be selected by the President Pro Tempore of the
Senate; and one to be selected by the Speaker of the House of
Representatives. No more than two members at large shall belong to
any one political party.
The Commission shall elect one of its members to serve as chair
for a term of one (1) year.
The six lay members of the Commission who are appointed by the
Governor shall be appointed within ninety (90) days from the date
that this Article becomes effective. Two members shall be appointed
for a term of two (2) years, two members for a term of four (4)
years, and two members for a term of six (6) years. The Oklahoma Bar
Association shall hold its election and certify to the Secretary of
State its members within ninety (90) days from the effective date of
this Article, two of whom shall be elected for a term of two (2)
years, two for a term of four (4) years, and two for a term of six
(6) years. Thereafter all of the members of the Commission, whether
elected or appointed, shall serve for a term of six (6) years, except
that the member at large shall serve for a term of two (2) years.
(b) Vacancies arising during the term of any lay commissioner,
other than the member at large, shall be filled by appointment by the
Governor for the remainder of his or her term. Vacancies of any
lawyer commissioner shall be filled by the Board of Governors of the
Oklahoma Bar Association for the remainder of his or her term.
(c) In the event of vacancy in the member at large position, the
said vacancy shall be filled in the same manner as the original
selection.
(d) Of those Commissioners named by the Governor, not more than
three shall belong to any one political party.
(e) The concurrence of the majority of Commissioners in office
at the time shall be sufficient to decide any question, unless
otherwise provided herein. The Commission shall have jurisdiction to
determine whether the qualifications of nominees to hold Judicial
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Office have been met and to determine the existence of vacancies on
the Commission.
(f) No Commissioner, while a member of the Commission, shall
hold any other public office by election or appointment or any
official position in a political party and he or she shall not be
eligible, while a member of the Commission and for five (5) years
thereafter, for nomination as a Judicial Officer.
(g) Commissioners shall serve without compensation but the
Legislature shall provide funds to reimburse them for their necessary
travel and lodging expenses while performing their duties as such
Commissioners.
(h) No Commissioner shall be permitted to succeed himself or
herself.
(i) As used herein, the words "Oklahoma Bar Association" shall
include any successor thereof and any future form of the organized
Bar of this state.
Added by State Question No. 447, Legislative Referendum No. 163,
adopted at election held on July 11, 1967. Amended by State Question
No. 752, Legislative Referendum No. 352, adopted at election held on
Nov. 2, 2010.
SECTION VII-B-4. Vacancy in Judicial Office - Filling.
When a vacancy in any Judicial Office, however arising, occurs or
is certain to occur, the Judicial Nominating Commission shall choose
and submit to the Governor and the Chief Justice of the Supreme Court
three (3) nominees, each of whom has previously notified the
Commission in writing that he will serve as a Judicial Officer if
appointed. The Governor shall appoint one (1) of the nominees to
fill the vacancy, but if he fails to do so within sixty (60) days the
Chief Justice of the Supreme Court shall appoint one (1) of the
nominees, the appointment to be certified by the Secretary of State.
Added by State Question No. 447, Legislative Referendum No. 163,
adopted at election held on July 11, 1967.
SECTION VII-B-5. Terms and election.
Each Judicial Officer elected before or after the adoption of
this Article shall, unless removed for cause, serve out the term for
which he is elected and those Judicial Officers serving at the date
of the adoption of this Article, whose Judicial Office comes under
the provision of this Article on the date of the expiration of said
term, shall be deemed to have been appointed as provided herein and
eligible to file a declaration of candidacy to succeed themselves as
provided in this Article. If retained in office, the term of each
such Judicial Officer shall be six (6) years commencing the second
Monday in January following such election.
The term and election of each Judicial Officer appointed to fill
a vacancy after the adoption of this Article shall be as follows: If
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such appointed officer has served or will have served twelve (12)
months on or before the next general election following appointment,
such officer may file for election for the remainder of the term for
which such officer was appointed, or for a six (6) year term,
whichever is applicable, within the time and in the manner elected
Judicial Officers file their candidacy under this Article. If such
appointed officer has not served or will not have served twelve (12)
months on or before the next general election following appointment,
such officer shall continue in office until the second general
election following appointment and may file for selection for the
remainder of the term or for a six (6) year term, whichever is
applicable, as herein provided.
Added by State Question No. 447, Legislative Referendum No. 163,
adopted at election held on July 11, 1967.
SECTION VII-B-6. Political activity prohibited.
No Judicial Officer appointed or retained in office under the
provisions hereof shall make, directly or indirectly, any
contribution to or hold office in a political party or organization.
Added by State Question No. 447, Legislative Referendum No. 163,
adopted at election held on July 11, 1967.
SECTION VII-B-7. Effective date.
This proposed amendment to the Constitution of the State of
Oklahoma as set forth herein shall be effective upon adoption and
shall become operative only and in the event the amendment of Article
VII of the Constitution proposed by House Joint Resolution No. 508,
of the First Session of the Thirty-first Oklahoma Legislature,
repealing the previously existing Article VII of the Oklahoma
Constitution and adopting in lieu thereof a new Article VII of the
Constitution is approved by the people.
Added by State Question No. 447, Legislative Referendum No. 163,
adopted at election held on July 11, 1967.
ARTICLE VIII - Impeachment and Removal from Office
SECTION VIII-1. Officers subject to impeachment - Grounds -
Suspension from office upon felony conviction - Reinstatement -
Temporary judges.
The Governor and other elective state officers, including the
Justices of the Supreme Court, shall be liable and subject to
impeachment for wilful neglect of duty, corruption in office,
habitual drunkenness, incompetency, or any offense involving moral
turpitude committed while in office. All elected state officers,
including Justices of the Supreme Court and Judges of the Court of
Criminal Appeals, shall be automatically suspended from office upon
their being declared guilty of a felony by a court of competent
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jurisdiction and their pay and allowances, otherwise payable to such
official, shall be withheld during the period of such suspension. In
the event such verdict of guilty is reversed by a court of competent
jurisdiction on appeal, such accumulated pay and allowances which
have been withheld shall be paid to such official and he shall be
automatically reinstated in office to serve the remaining part of the
term for which he was elected. Such official shall not be entitled
to any pay or allowances for a period of time after the term of
office would otherwise have expired and he shall not be entitled to
reinstatement in office after the expiration of the term for which he
was elected. Whenever any Justice of the Supreme Court or Judge of
the Court of Criminal Appeals is suspended by reasons of this
section, the Governor shall be authorized to appoint a temporary
Justice or Judge to serve during the period of such suspension and
such temporary Justice or Judge shall be paid for his services the
compensation allowed for such regular Justice or Judge.
Amended by State Question No. 429, Referendum Petition No. 150,
adopted at election held on May 3, 1966.
SECTION VIII-2. Removal of officers not subject to impeachment.
All elective officers, not liable to impeachment, shall be
subject to removal from office in such manner and for such causes as
may be provided by law.
SECTION VIII-3. Presiding officer in case of impeachment -
Presentation of impeachment.
When sitting as a Court of Impeachment, the Senate shall be
presided over by the Chief Justice, or if he is absent or
disqualified, then one of the Associate Justices of the Supreme
Court, to be selected by it, except in cases where all the members of
said court are absent or disqualified, or in cases of impeachment of
any Justice of the Supreme Court, then the Senate shall elect one of
its own members as a presiding officer for such purpose. The House
of Representatives shall present all impeachments.
SECTION VIII-4. Oath or affirmation - Number concurring.
When the Senate is sitting as a Court of Impeachment, the
Senators shall be on oath, or affirmation, impartially to try the
party impeached, and no person shall be convicted without the
concurrence of two-thirds of the Senators present.
SECTION VIII-5. Judgment of impeachment.
Judgment of impeachment shall not extend beyond removal from
office, but this shall not prevent punishment of any such officer on
charges growing out of the same matter by the courts of the State.
SECTION VIII-6. Necessary laws to be passed.
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The Legislature shall pass such laws as are necessary for
carrying into effect the provisions of this article.
ARTICLE IX - Corporations
SECTION IX-1. Corporation - Company - Charter - License.
As used in this article, the term "corporation" or "company"
shall include all associations and joint stock companies having any
power or privileges, not possessed by individuals, and exclude all
municipal corporations and public institutions owned or controlled by
the State; the term "charter" shall mean the charter of
incorporation, by or under which any corporation is formed. The term
"license" shall mean the authority under which all foreign
corporations are permitted to transact business in this State.
SECTION IX-2. Rights as to construction of lines.
Every railroad, oil pipe, car, express, telephone or telegraph
corporation or association organized or authorized to do a
transportation or transmission business under the laws of this State
for such purpose, shall, each respectively, have the right to
construct and operate its line between any points in this State, and
as such to connect at the State line with like lines; and every such
company shall have the right with its road or line, to intersect,
connect with, or cross any railroad or such line.
SECTION IX-3. Receipt of cars, tonnage and passengers from other
lines.
Every railroad, car, or express company, shall each respectively
receive and transport without delay or discrimination each other's
cars, loaded or empty, tonnage, and passengers, under such rules and
regulations as may be prescribed by law or any commission created by
this Constitution or by act of the Legislature, for that purpose.
SECTION IX-4. Oil pipe line companies - Regulation - Duties.
All oil pipe companies shall be subject to the reasonable control
and regulation of the Corporation Commission, and shall receive and
transport each other's tonnage, or oils, or commodities, under such
rules and regulations as shall be prescribed by law, or such
commission.
SECTION IX-5. Telegraph and telephone companies - Exchange of
messages – Physical connections.
All telephone and telegraph lines, operated for hire, shall each
respectively, receive and transmit each other's messages without
delay or discrimination, and make physical connections with each
other's lines, under such rules and regulations as shall be
B/"( &2.
prescribed by law, or by any commission created by this Constitution,
or any act of the Legislature, for that purpose.
SECTION IX-6. Railroads as public highways - Offices - Meetings -
Reports - Enforcement.
Railroads heretofore constructed, or which may hereafter be
constructed in this State, are hereby declared public highways. Every
railroad or other public service corporation organized or doing
business in this State, under the laws or authority thereof, shall
have and maintain a public office or place in this State, for the
transaction of its business, where transfers of stock shall be made,
and where shall be kept, for inspection by the stockholders of such
corporation, books, in which shall be recorded the amount of capital
stock subscribed, the names of the owners of stock, the amounts owned
by them, respectively; the amount of stock paid, and by whom; the
transfer of said stock, with the date of transfer; the amount of its
assets and liabilities, and the names and places of residence of its
officers, and such other matters required by law or by order of the
Corporation Commission. The directors of every railroad company, or
other public service corporation, shall hold at least one meeting
annually in this State, public notice of which shall be given thirty
days previously, and the president or superintendent of every
railroad company and other public service corporation organized or
doing business in this State, under the laws of this State, or the
authority thereof, shall report annually under oath, and make such
other reports as may be required by law or order of the Corporation
Commission, to said Commission, their acts and doings, which report
shall include such matters relating to railroads and other public
service corporations as may be prescribed by law. The Legislature
shall pass all necessary laws enforcing, by suitable penalties, all
the provisions of this section.
SECTION IX-7. Movable property as personal property - Liability of
property to execution.
The rolling stock and all other movable property belonging to any
railroad, transportation, transmission, or other public service
corporation in this State, shall be considered personal property, and
its real and personal property, or any part thereof, shall be liable
to execution and sale in the same manner as the property of
individuals; and the Legislature shall pass no laws exempting any
such property from execution and sale.
SECTION IX-8. Consolidation of public service corporations - Common
officer.
No public service corporation, or the lessees, purchasers, or
managers thereof, shall consolidate the stock, property, or
franchises, of such corporation with, or lease or purchase the works
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or franchises of, or in any way control, any other public service
corporation owning or having under its control a parallel or
competing line; except by enactment of the Legislature upon the
recommendation of the Corporation Commission: Provided, however,
That the Legislature shall never enact any law permitting any public
service corporation, the lessees, purchasers, or managers thereof
when such public service corporation is organized under the laws of
any other State, or of the United States, to consolidate the stock,
property, or franchises, of such corporation with, or lease, or
purchase, the works of, franchises of, or in any way control, any
other public service corporation, organized under the laws of any
other State, or of the United States, owning or having under its
control in this State a parallel or competing line; nor shall any
officer of such corporation act as an officer of any other
corporation owning or controlling a parallel or competing line.
SECTION IX-9. Sales and leases - Additional restrictions on
consolidation.
Upon the consent of the Corporation Commission in writing first
had and obtained, any foreign or domestic railroad transportation or
transmission company or corporation may lease, sell, or otherwise
dispose of its property and franchises to, or may lease, buy, or
otherwise acquire and operate the property and franchises of any like
Company or Corporation; provided, that the Legislature may impose
additional limitations or restrictions upon the rights of any
railroad company or transmission company to consolidate.
Amended by State Question No. 46, Referendum Petition No. 18, adopted
at election held on Aug. 5, 1913.
SECTION IX-10. Street railroads - Consent to construction and
operation.
No law shall be passed by the Legislature granting the right to
construct and operate a street railroad within any city, town, or
village, or upon any public highway, without first acquiring the
consent of the local authorities having control of the street or
highway proposed to be occupied by such street railroad.
SECTION IX-11. Acceptance of provisions of Constitution.
No railroad, transportation, transmission, or other public
service corporation in existence at the time of the adoption of this
Constitution, shall have the benefit of any future legislation,
except on condition of complete acceptance of all the provisions of
this Constitution, applicable to railroads, transportation companies,
transmission companies, and other public service corporations:
Provided, That nothing herein shall be construed as validating any
charter which may be invalid, or waiving any of the conditions
contained in any charter.
B/"( &22
SECTION IX-12. Transportation of railroad's own commodities.
No railroad company shall transport, within this State, any
article or commodity manufactured, mined, or produced by it, or under
its authority, or which it may own, in whole or in part, or in which
it may have any interest, direct or indirect, except such articles or
commodities as may be necessary and intended for its use in the
conduct of its business as a common carrier.
SECTION IX-13. Free transportation of passengers.
No railroad corporation or transportation company, or
transmission company shall, directly or indirectly, issue or give any
free frank or free ticket, free pass or other free transportation,
for any use, within this State, except to its employees and their
families, its officers, agents, surgeons, physicians, and attorneys
at law; to ministers of religion, traveling secretaries for railroad
Young Men's Christian Associations, inmates of hospitals and
charitable and eleemosynary institutions and persons exclusively
engaged in charitable and eleemosynary work; to indigent, destitute
and homeless persons, and to such persons when transported by
charitable societies or hospitals, and the necessary agents employed
in such transportations; to inmates of the National Homes, or State
Homes for Disabled Volunteer Soldiers, and of Soldiers' and Sailors'
Homes, including those about to enter and those returning home after
discharge, and boards of managers of such Homes; to members of
volunteer fire departments and their equipage, while traveling as
such; to necessary caretakers of live stock, poultry, and fruit; to
employees of sleeping cars, of express cars, and to linemen of
telegraph and telephone companies; to Railway Mail Service employees,
postoffice inspectors, customs inspectors, and immigration
inspectors; to newsboys on trains, baggage agents, witnesses
attending any legal investigation in which the railroad company or
transportation company is interested, persons injured in wrecks, and
physicians and nurses attending such persons: Provided, That this
provision shall not be construed to prohibit the interchange of
passes for the officers, agents, and employees of common carriers and
their families; nor to prohibit any common carriers from carrying
passengers free with the object of providing relief in cases of
general epidemic, pestilence, or other calamitous visitation; nor to
prevent them from transporting, free of charge, to their places of
employment persons entering their service, and the interchange of
passes to that end; and any railroad, transportation, or transmission
company or any person, other than the persons excepted in this
provision, who grants or uses any such free frank, free ticket, free
pass, or free transportation within this State, shall be deemed
guilty of a crime, and the Legislature shall provide proper penalties
for the violation of any provision of this section by the railroad or
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transportation or transmission company, or by any individual:
Provided, That nothing herein shall prevent the Legislature from
extending these provisions so as to exclude such free transportations
or franks from other persons.
SECTION IX-14. Repealed by State Question No. 643, Legislative
Referendum No. 288, adopted at election held on Nov. 3, 1992. Repeal
proposed by Laws 1991, p. 3175, H.J.R. No. 1017, § 1.
SECTION IX-15. Creation - Terms of office - Vacancies.
A. A Corporation Commission is hereby created, to be composed of
three persons, who shall be elected by the people at a general
election for State officers, and their terms of office shall be six
(6) years. In case of a vacancy in said office, the Governor of the
State shall fill such vacancy by appointment until the next general
election, when a successor shall be elected to fill out any unexpired
term.
B. No person shall be eligible to serve as Corporation
Commissioner for a period of time in excess of twelve (12) years.
Such years need not be consecutive. Any years served by a person
elected or appointed to serve less than a full term to fill a vacancy
in such office shall not be included in the limitation set forth
herein. Any person serving in such position at the time of passage
of this amendment shall be eligible to complete the term for which he
or she has been elected and shall be eligible to serve an additional
twelve (12) years thereafter, notwithstanding the provisions of this
amendment. The Legislature is hereby authorized to enact laws to
implement the provisions of this subsection.
Amended by State Question No. 747, Legislative Referendum No. 348,
adopted at election held on Nov. 2, 2010.
SECTION IX-16. Qualifications of commissioners.
The qualifications of such commissioners shall be as follows: To
be resident citizens of this State for over two years next preceding
the election, and qualified voters under the Constitution and laws,
and not less than thirty years of age; nor shall such commissioners,
or either of them, be, directly or indirectly, interested in any
railroad, street railway, traction line, canal, steam boat, pipe
line, car line, sleeping car line, car association, express line,
telephone or telegraph line, operated for hire, in this State, or out
of it, or any stock, bond, mortgage, security, or earnings of any
such railroad, street railway, traction line, canal, steam boat, pipe
line, car line, sleeping car line, car association, express line,
telephone or telegraph line, compress or elevator companies; and if
such Commissioner shall voluntarily become so interested, his office
shall become vacant; and if any Corporation Commissioner shall become
so interested otherwise than voluntarily, he shall, within a
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reasonable time, divest himself of such interest; and failing to do
this, his office shall become vacant. Nor shall any such
commissioner hold any other office under the government of the United
States, or of this State, or any other state government, and shall
not, while such Commissioner, engage in any occupation or business
inconsistent with his duties as such commissioner.
SECTION IX-17. Oath of office - Additional oath.
Before entering upon the duties of his office, each of said
commissioners shall take and subscribe to the oath of office as
prescribed in this Constitution and shall, in addition thereto, swear
that he is not, directly or indirectly, interested in any railroad,
street railway, traction line, canal, steam boat, pipe line, car
line, sleeping car line, car association, express line, telephone or
telegraph line, nor in the bonds, stocks, mortgages, securities,
contract or earnings of any railroad, street railway, traction line,
canal, steam boat, pipe line, car line, sleeping car line, car
association, express line, telephone or telegraph line; and that he
will, to the best of his ability, faithfully and justly execute and
enforce the provisions of this Constitution, and all the laws of this
State concerning railroads, street railways, traction lines, canals,
steam boats, pipe lines, car lines, sleeping car lines, car
associations, express lines, telephone and telegraph lines, compress
and elevator companies, and all other corporations over which said
Commission has jurisdiction, which oath shall be filed with the
Secretary of State.
SECTION IX-18. Powers and duties - Notice before taking action -
Process for witnesses - Authority of Legislature - Municipal powers.
The Commission shall have the power and authority and be charged
with the duty of supervising, regulating and controlling all
transportation and transmission companies doing business in this
State, in all matters relating to the performance of their public
duties and their charges therefor, and of correcting abuses and
preventing unjust discrimination and extortion by such companies; and
to that end the Commission shall, from time to time, prescribe and
enforce against such companies, in the manner hereinafter authorized,
such rates, charges, classifications of traffic, and rules and
regulations, and shall require them to establish and maintain all
such public service, facilities, and conveniences as may be
reasonable and just, which said rates, charges, classifications,
rules, regulations, and requirements, the Commission may, from time
to time, alter or amend. All rates, charges, classifications, rules
and regulations adopted, or acted upon, by any such company,
inconsistent with those prescribed by the commission, within the
scope of its authority, shall be unlawful and void. The commission
shall also have the right, at all times, to inspect the books and
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papers of all transportation and transmission companies doing
business in this State, and to require from such companies, from time
to time, special reports and statements, under oath, concerning their
business; it shall keep itself fully informed of the physical
condition of all the railroads of the State, as to the manner in
which they are operated, with reference to the security and
accommodation of the public, and shall, from time to time, make and
enforce such requirements, rules, and regulations as may be necessary
to prevent unjust or unreasonable discrimination and extortion by any
transportation or transmission company in favor of, or against any
person, locality, community, connecting line, or kind of traffic, in
the matter of car service, train or boat schedule, efficiency of
transportation, transmission, or otherwise, in connection with the
public duties of such company. Before the Commission shall prescribe
or fix any rate, charge or classification of traffic, and before it
shall make any order, rule, regulation, or requirement directed
against any one or more companies by name, the company or companies
to be affected by such rate, charge, classification, order, rule,
regulation, or requirement, shall first be given, by the Commission,
at least ten days' notice of the time and place, when and where the
contemplated action in the premises will be considered and disposed
of, and shall be afforded a reasonable opportunity to introduce
evidence and to be heard thereon, to the end that justice may be
done, and shall have process to enforce the attendance of witnesses;
and before said Commission shall make or prescribe any general order,
rule, regulation, or requirement, not directed against any specific
company or companies by name, the contemplated general order, rule,
regulation, or requirement shall first be published one time in
substance in one or more of the newspapers of general circulation
published in the county in which the Capitol of this State may be
located, together with the notice of the time and place, when and
where the Commission will hear any objections which may be urged by
any person interested, against the proposed general order, rule,
regulation, or requirement; and every such general order, rule,
regulation, or requirement, made by the Commission, shall be
published at length, in the next annual report of the Commission.
The authority of the Commission (subject to review on appeal as
hereinafter provided) to prescribe rates, charges, and
classifications of traffic, for transportation and transmission
companies, shall, subject to regulation by law, be paramount; but its
authority to prescribe any other rules, regulations or requirements
for corporations or other persons shall be subject to the superior
authority of the Legislature to legislate thereon by general laws:
Provided, However, That nothing in this section shall impair the
rights which have heretofore been, or may hereafter be, conferred by
law upon the authorities of any city, town or county to prescribe
rules, regulations, or rates of charges to be observed by any public
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service corporation in connection with any services performed by it
under a municipal or county franchise granted by such city, town, or
county, so far as such services may be wholly within the limits of
the city, town, or county granting the franchise. Upon the request
of the parties interested, it shall be the duty of the Commission, as
far as possible, to effect, by mediation, the adjustment of claims,
and the settlement of controversies, between transportation or
transmission companies and their patrons or employees.
Amended by Laws 1985, c. 302, § 1, eff. Nov. 1, 1985; Laws 1994, c.
315, § 17, eff. July 1, 1994.
SECTION IX-18a. Organization - Quorum - Necessary vote.
A. The salary of Corporation Commissioners shall be set by the
Legislature and may be increased at any time during the term of their
office. The purpose of this provision is to assure that all
Corporation Commissioners are paid equal salaries for their service,
without regard to the time of their appointment or election.
B. The Corporation Commission shall organize by electing one of
its members chairman and appointing a secretary, whose salary shall
be fixed by the Legislature. A majority of said Commission shall
constitute a quorum, and the concurrence of the majority of said
Commission shall be necessary to decide any question.
Amended by Laws 1995, c. 328, § 1, emerg. eff. June 8, 1995.
SECTION IX-18b. Company defined.
As used in this article, the term "Company" shall include
associations and joint stock companies having any power or privileges
not possessed by individuals, and include all corporations except
municipal corporations and public institutions owned or controlled by
the State.
SECTION IX-19. Powers of court of record - Additional powers -
Failure or refusal to obey orders.
In all matters pertaining to the public visitation, regulation,
or control of corporations, and within the jurisdiction of the
Commission, it shall have the powers and authority of a court of
record, to administer oaths, to compel the attendance of witnesses,
and the production of papers, to punish for contempt any person
guilty of disrespectful or disorderly conduct in the presence of the
Commission while in session, and to enforce compliance with any of
its lawful orders or requirements by adjudging, and by enforcing its
own appropriate process, against the delinquent or offending party or
company (after it shall have been first duly cited, proceeded against
by due process of law before the Commission sitting as a court, and
afforded opportunity to introduce evidence and to be heard, as well
against the validity, justness, or reasonableness of the order or
requirement alleged to have been violated, as against the liability
B/"( &4
of the company for the alleged violation), such fines or other
penalties as may be prescribed or authorized by this Constitution or
by law. The Commission may be vested with such additional powers,
and charged with such other duties (not inconsistent with this
Constitution) as may be prescribed by law, in connection with the
visitation, regulation, or control of corporations, or with the
prescribing and enforcing of rates and charges to be observed in the
conduct of any business where the State has the right to prescribe
the rates and charges in connection therewith, or with the assessment
of the property of corporations, or the appraisement of their
franchises, for taxation, or with the investigation of the subject of
taxation generally. Any corporation failing or refusing to obey any
valid order or requirement of the Commission, within reasonable time,
not less than ten days, as shall be fixed in the order, may be fined
by the Commission (proceeding by due process of law as aforesaid)
such sum, not exceeding five hundred dollars, as the Commission may
deem proper, or such sum, in excess of five hundred dollars, as may
be prescribed or authorized by law; and each day's continuance of
such failure or refusal, after due service upon such corporation of
the order or requirement of the Commission, shall be a separate
offense: Provided, That should the operation of such order or
requirement be suspended, pending any appeal therefrom, the period of
such suspension shall not be computed against the company in the
matter of its liability to fines or penalties.
SECTION IX-20. Appeals to Supreme Court - Other courts to have no
jurisdiction - Mandamus and prohibition.
From any action of the Corporation Commission prescribing rates,
charges, services, practices, rules or regulations of any public
utility or public service corporation, or any individual, person,
firm, corporation, receiver or trustee engaged in the public utility
business, an appeal may be taken by any party affected, or by any
person deeming himself aggrieved by any such action, or by the State,
directly to the Supreme Court of the State of Oklahoma, in the manner
and in the same time in which appeals may be taken to the Supreme
Court from the District Courts, except that such an appeal shall be
of right, and the Supreme Court may provide by rule for proceedings
in the matter of appeals in any particular in which the existing
rules of law are inapplicable. If such appeal be taken by the public
utility or public service corporation affected by any such action,
the State of Oklahoma shall be made the appellee, but in other
appeals hereunder, the public utility or public service corporation
affected shall be made the appellee.
An appeal from an order of the Corporation Commission affecting
the rates, charges, services, practices, rules or regulations of
public utilities, or public service corporations, shall be to the
Supreme Court only, and in all appeals to which the State is a party
B/"( &4*
it shall be represented by the Attorney for the Corporation
Commission, and the Attorney General, or his duly authorized
representative.
The Supreme Court's review of appealable orders of the
Corporation Commission shall be judicial only, and in all appeals
involving an asserted violation of any right of the parties under the
Constitution of the United States or the Constitution of the State of
Oklahoma, the Court shall exercise its own independent judgment as to
both the law and the facts. In all other appeals from orders of the
Corporation Commission the review by the Supreme Court shall not
extend further than to determine whether the Commission has regularly
pursued its authority, and whether the findings and conclusions of
the Commission are sustained by the law and substantial evidence.
Upon review, the Supreme Court shall enter judgment, either affirming
or reversing the order of the Commission appealed from.
No court of this State, except the Supreme Court, shall have
jurisdiction to review, affirm, reverse, or remand any action of the
Corporation Commission with respect to the rates, charges, services,
practices, rules or regulations of public utilities, or of public
service corporations, or to suspend or delay the execution or
operation thereof, or to enjoin, reverse, or interfere with the
Corporation Commission in the performance of its official duties;
provided, however, that writs of mandamus or prohibition shall lie
from the Supreme Court to the Corporation Commission in all cases
where such writs respectively would lie to any inferior court or
officer.
Amended by Laws 1941, p. 544, § 1.
NOTE: Laws 1941, p. 547, § 7, reads: "The provisions of this Act
shall apply to all appeals from orders of the Corporation Commission
now pending in the Supreme Court, as well as to all appeals that may
be taken hereafter from such orders, and the Supreme Court is hereby
vested with such power as may be necessary to protect the substantial
rights of any party to appeals now pending."
SECTION IX-21. Supersedeas - Security - Accounts - Refunds -
Precedence of appeals.
Upon the giving of notice of appeal from an order of the
Corporation Commission, the Commission, if requested, shall suspend
the effectiveness of the order complained of until the final
disposition of the order appealed, and fix the amount of suspending
or supersedeas bond. Such suspending or supersedeas bond shall be
approved and filed with the Corporation Commission (or approved, on
review, by the Supreme Court), and made payable to the State of
Oklahoma; provided, however, that in all cases involving orders of
the Corporation Commission affecting rates or charges, the suspending
or supersedeas bond must be sufficient in amount and security to
insure the prompt refunding, by the appealing party, to the parties
B/"( &4-
entitled thereto, of all rates or charges which such appealing party
may collect or receive, pending the appeal, in excess of those
authorized by the order appealed from, in event such order is, by
such court, affirmed on appeal. The Corporation Commission, upon the
execution of such suspending or supersedeas bond, shall forthwith
require the appealing party, under penalty of immediate enforcement
(pending the appeal and notwithstanding any supersedeas), of the
order appealed from, to keep such accounts, and make to the
Corporation Commission, from time to time, such reports, verified by
oath, as may, in the judgment of the Corporation Commission, suffice
to show the amounts being charged or received by the appealing party,
pending the appeal, in excess of the charge allowed by the order or
action of the Corporation Commission appealed from, together with the
names and addresses of the persons to whom such overcharges may be
refundable, in case such charges made by the appealing party, pending
the appeal, be not sustained on such appeal; and the Corporation
Commission shall also, from time to time, require such appealing
party, under like penalty, to give additional security, or to
increase such suspending bond, whenever, in the opinion of the
Corporation Commission, the same may be necessary to secure the
prompt refunding of the overcharges aforesaid. Upon the final
decision of the appeal, all amounts which the appealing party may
have collected, pending the appeal, in excess of that authorized by
such final decision, shall be promptly refunded by the appealing
party to the parties entitled thereto, in such manner and through
such method of distribution, as may be prescribed by the Corporation
Commission, or by law. All such appeals, affecting the rates,
charges, practices, rules or regulations of any public utility, or of
any public service corporation, or any individual, person, firm,
corporation, receiver or trustee engaged in the public utility
business, shall have precedence upon the docket of the Supreme Court,
irrespective of its place of session, next after habeas corpus cases,
to the end that a plain, speedy and efficient remedy may be afforded
the parties to such appeals.
Amended by Laws 1941, p. 545, § 2.
SECTION IX-22. Statement of reasons for action - Cause heard on
record - Certification of facts and evidence - New or additional
evidence.
The Corporation Commission shall, whenever an appeal is taken
therefrom, file with the record of the case, and as a part thereof, a
written statement of the reasons upon which the action appealed from
was based, and such statement shall be read and considered by the
Supreme Court, upon disposing of the appeal. In no case of appeal
from an order of the Corporation Commission shall any new or
additional evidence be introduced in the Supreme Court, but the cause
shall be heard on the record made before the Corporation Commission,
B/"( &4.
and the Chairman of the Commission, under the seal of the Commission,
shall certify to the Supreme Court all the facts upon which the
action appealed from was based, and which may be essential for the
prompt decision of the appeal, together with all evidence introduced
before said Corporation Commission, as may be selected, specified or
required to be certified, by any party in interest, as well as such
other evidence, so introduced before the Commission as the Chairman
may deem proper to certify; provided, however, that in any appeal
from an order of the Corporation Commission in which a party thereto
asserts the violation of any right under the Constitution of the
United States or the Constitution of the State of Oklahoma, the
Supreme Court shall require the Commission to take and receive such
additional evidence as is necessary to judicially determine the
rights of the parties and report the same to the Court, in such
manner as the Court may prescribe, for its consideration before the
appeal is finally decided.
Amended by Laws 1941, p. 545, § 3.
SECTION IX-23. Repealed by Laws 1941, p. 547, § 6, eff. April 28,
1941.
SECTION IX-24. Rights of action not affected - Questioning action of
Commission.
The right of any person, firm, corporation, receiver or trustee
to institute and prosecute in the ordinary courts of justice, any
action, suit or motion against any public utility, or public service
corporation, or any individual, person, firm, corporation, receiver
or trustee, engaged in the public utility business, shall not be
extinguished or impaired by reason of any fine or other penalty which
the Corporation Commission may impose or be authorized to impose upon
such public utility, public service corporation, or any individual,
person, firm, corporation, receiver or trustee engaged in the public
utility business, because of its breach of any public duty or because
of its failure to comply with any order or requirement of the
Corporation Commission; but in no such proceeding by any person,
firm, corporation, receiver or trustee, against such public utility,
public service corporation, or any individual, person, firm,
corporation, receiver or trustee engaged in the public utility
business, nor in any collateral proceeding, shall the reasonableness,
justness, or validity of any rate, charge, service, practice, rule,
regulation or requirement, theretofore prescribed by the Corporation
Commission, within the scope of its authority, and then in force, be
questioned.
Amended by Laws 1941, p. 546, § 4.
SECTION IX-25. Reports and recommendations.
B/"( &40
The Commission shall make annual reports to the Governor of its
proceedings, in which reports it shall recommend, from time to time,
such new or additional legislation in reference to its powers or
duties, or the creation, supervision, regulation or control of
corporations, or to the subject of taxation, as it may deem wise or
expedient, or as may be required by law.
SECTION IX-26. Railway depots and depot buildings.
It shall be the duty of each and every railway company, subject
to the provisions herein, to provide and maintain adequate,
comfortable, and clean depots, and depot buildings, at its several
stations, for the accomodation of passengers, and said depot
buildings shall be kept well lighted and warmed for the comfort and
accommodation of the traveling public; and all such roads shall keep
and maintain adequate and suitable freight depots and buildings for
the receiving, handling, storing, and delivering of all freight
handled by such roads.
SECTION IX-27. Railroad crossings at grade.
In case any railroad company shall hereafter seek to cross at
grade with its track or tracks, the track or tracks of another
railroad, the railroad seeking to cross at grade, within a reasonable
time, shall be compelled to interlock or protect such crossings by
safety devices, to be designated by the Commission, and all costs of
appliance, together with the expenses of putting them in, shall be
borne equally by each company: Provided, That this act shall not
apply to crossings of sidetracks.
SECTION IX-28. Inspection of books and papers - Examination of
officers and agents.
The commissioners, or either of them, or such persons as they may
employ therefor, shall have the right, at such times as they may deem
necessary, to inspect the books and papers of any railroad company or
other public service corporation, and to examine, under oath, any
officer, agent, or employee of such corporations in relation to the
business and affairs of the same. If any railroad company or other
public service corporation shall refuse to permit the commissioners,
or either of them, or any person authorized thereto, to examine its
books and papers, such railroad company or other public service
corporation shall, until otherwise provided by law, for each offense,
pay to the State of Oklahoma not less than one hundred and twenty-
five dollars, nor more than five hundred dollars, for each day it
shall so fail or refuse, and the officer or other person so refusing
shall be punished as the law shall prescribe.
SECTION IX-29. Record of financial transactions.
B/"( &42
The Commission shall ascertain, and enter of record, the same to
be a public record, as early as practicable, the amount of money
expended in construction and equipment per mile of every railroad and
other public service corporation in Oklahoma, the amount of money
expended to procure the right of way, and the amount of money it
would require to reconstruct the roadbed, track, depots, and
transportation facilities, and to replace all the physical properties
belonging to the railroad or other public service corporation. It
shall also ascertain the outstanding bonds, debentures, and
indebtedness, and the amount, respectively, thereof, when issued, and
rate of interest, when due, for what purposes issued, how used, to
whom issued, to whom sold, and the price in cash, property, or labor,
if any, received therefor, what became of the proceeds, by whom the
indebtedness is held, the amount purporting to be due thereon, the
floating indebtedness of the company, to whom due, and his address,
the credits due on it, the property on hand belonging to the railroad
company or other public service corporation, and the judicial or
other sales of said road, its property or franchises, and the amounts
purporting to have been paid, and in what manner paid therefor. The
Commission shall also ascertain the amounts paid for salaries to the
officers of the railroad, or other public service corporation, and
the wages paid its employees. For the purpose in this section named,
the Commission may employ experts to assist them when needed, and
from time to time, as the information required by this section is
obtained, it shall communicate the same to the Attorney General by
report, and file a duplicate thereof with the State Examiner and
inspector for public use, and said information shall be printed, from
time to time, in the annual report of the Commission.
SECTION IX-30. Greater charge for less distance.
No transportation or transmission company shall charge or receive
any greater compensation, in the aggregate, for transporting the same
class of passengers or property, or for transmitting the same class
of messages, over a shorter than a longer distance, along the same
line and in the same direction - the shorter being included in the
longer distance; but this section shall not be construed as
authorizing any such company to charge or receive as great
compensation for a shorter as for a longer distance. The Commission
may, from time to time, authorize any such company to disregard the
foregoing provisions of this section, by charging such rates as the
Commission may prescribe as just and equitable between such company
and the public, to or from any junctional or competitive points or
localities, or where the competition of points located without this
State may make necessary the prescribing of special rates for the
protection of the commerce of this State; but this section shall not
apply to mileage tickets, or to any special excursion, or commutation
rates, or to special rates for services rendered to this State, or to
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the United States, or in the interest of some public object, when
such tickets or rates shall have been prescribed or authorized by the
Commission.
SECTION IX-31. Foreign corporations - Eminent domain - Restrictions
on exercise.
No railroad, oil pipe line, telephone, telegraph, express, or car
corporation organized under the laws of any other state, or of the
United States, and doing business or proposing to do business in the
State of Oklahoma, shall be allowed to exercise the right of eminent
domain, unless it shall become a body corporate pursuant to the laws
of this state; or unless such corporation shall comply with such
limitations and restrictions as may be prescribed by the Corporation
Commission, and file with the commission its written acceptance of
such requirements and procure from the commission a certificate
entitling it to exercise such right.
Amended by Laws 1913, c. 168, p. 387, § 1.
SECTION IX-32. Through rates - Investigation - Notice - Application
to Interstate Commerce Commission.
The said Commission shall have power, and it is hereby made its
duty, to investigate all through freight or passenger rates on
railroads in this State, and when the same are, in the opinion of the
Commission, excessive or levied or laid in violation of the
Interstate Commerce law, or the rules and regulations of the
Interstate Commerce Commission, the proper officials of the railroads
are to be notified of the facts and requested to reduce them or make
the proper corrections, as the case may be. When the rates are not
changed, or the proper corrections are not made according to the
request of the Commission, it shall be the duty of the latter to
notify the Interstate Commerce Commission and to make proper
application to it for relief, and the Attorney General or such other
persons as may be designated by law shall represent the Commission in
all such matters.
SECTION IX-33. Switches to mines, mills, elevators and industries.
Any person, firm, or corporation owning or operating any coal,
lead, iron, or zinc mine, or any saw mill, grain elevator, or other
industry, whenever the Commission shall reasonably determine that the
amount of business is sufficient to justify the same, near or within
a reasonable distance of any track, may, at the expense of such
person, firm, or corporation, build and keep in repair a switch
leading from such railroad to such mine, saw mill, elevator or other
industry; such railroad company shall be required to furnish the
switch stand and frog and other necessary material for making
connection, with such side track or spur under such reasonable terms,
conditions and regulations as the said Commission may prescribe, and
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shall make connection therewith. The party owning such mine, saw
mill, elevator or other industry shall pay the actual cost thereof.
If any railroad company, after proper demand therefor is made, shall
refuse to furnish said material for making said connection and put
the same in place, or after the building of such switch, shall fail
or refuse to operate the same, such railroad company failing and
refusing for a reasonable time, shall forfeit and pay to the party or
corporation aggrieved, the sum of five hundred dollars for each and
every offense, to be recovered by civil action in any court of
competent jurisdiction; and every day of such refusal on the part of
the railroad company to operate such switch as aforesaid, after such
demand is made, shall be deemed a separate offense.
SECTION IX-34. Definitions - Avoidance of conflicts with U. S.
Constitution.
As used in this Article, the term "transportation company" shall
include any company, corporation, trustee, receiver or any other
person owning, leasing or operating for hire a railroad, street
railway, canal, steamboat line, and also any freight car company, car
corporation, or company, trustee or persons in any way engaged in
such business as a common carrier over a route acquired in whole or
in part under the right of eminent domain, or under any grant from
the Government of the United States; the term "rate" shall be
construed to mean rate of charge for any service rendered, or to be
rendered; the terms "rate," "charge" and "regulation" shall include
joint rates, joint charges and joint regulations, respectively; the
term "transmission company" shall include any company, receiver or
other person owning, leasing or operating for hire any telegraph or
telephone line; the term "freight" shall be construed to mean any
property transported or received for transportation by any
transportation company. The term "public service corporation" shall
include all transportation and transmission companies, all gas,
electric, heat, light and power companies, and all persons, firms,
corporations, receivers or trustees engaged in said businesses, and
all persons, firms, corporations, receivers or trustees authorized to
exercise the right of eminent domain or having a franchise to use or
occupy any right of way, street, alley or public highway, whether
along, over or under the same, in a manner not permitted to the
general public, and all persons, firms, corporations, receivers and
trustees engaged in any business which is a public utility or a
public service corporation, at the present time or which may
hereafter be declared to be a public utility or a public service
corporation. The term "person" as used in this Article shall include
individuals, partnerships, and corporations in the singular as well
as plural number; the term "bond" shall mean all certificates or
written evidence of indebtedness issued by any corporation and
secured by mortgage or trust deed. The term "frank" shall mean any
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writing or token issued by or under authority of a transmission
company, entitling the holder to any service from such company free
of charge.
The provisions of this Article shall always be so restricted in
their application as not to conflict with any of the provisions of
the Constitution of the United States, and as if the necessary
limitations upon their interpretation had been herein expressed in
each case.
Amended by Laws 1941, p. 546, § 5.
SECTION IX-35. Power of Legislature.
After the second Monday in January, nineteen hundred and nine,
the Legislature may, by law, from time to time, alter, amend, revise,
or repeal sections from eighteen to thirty-four, inclusive, of this
article, or any of them, or any amendments thereof: Provided, That no
amendment made under authority of this section shall contravene the
provisions of any part of this Constitution other than the said
sections last above referred to or any such amendments thereof.
SECTION IX-36. Common law doctrine abrogated - Liability for acts of
receivers - Power of Legislature.
The common law doctrine of the fellow-servant, so far as it
affects the liability of the master for injuries to his servant,
resulting from the acts or omissions of any other servant or servants
of the common master, is abrogated as to every employee of every
railroad company and every street railway company or inter-urban
railway company, and of every person, firm, or corporation engaged in
mining in this State; and every such employee shall have the same
right to recover for every injury suffered by him for the acts or
omissions of any other employee or employees of the common master
that a servant would have if such acts or omissions were those of the
master himself in the performance of a non-assignable duty; and when
death, whether instantaneous or not, results to such employee from
any injury for which he could have recovered under the above
provisions, had not death occurred, then his legal or personal
representative, surviving consort or relatives, or any trustee,
curator, committee or guardian of such consort or relatives, shall
have the same rights and remedies with respect thereto, as if death
had been caused by the negligence of the master. And every railroad
company and every street railway company or inter-urban railway
company, and every person, firm, or corporation engaged in
underground mining in this State shall be liable under this section,
for the acts of his or its receivers.
Nothing contained in this section shall restrict the power of the
Legislature to extend to the employees of any person, firm, or
corporation, the rights and remedies herein provided for.
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SECTION IX-37. Repealed by State Question No. 592, Legislative
Referendum No. 256, adopted at election held Nov. 4, 1986. Repeal
proposed by Laws 1985, p. 1669, S.J.R. No. 18, § 1.
SECTION IX-38. Creation or licensing - Necessity of general law.
No private corporation shall be created nor foreign corporation
licensed to conduct business in the State, except by general law.
SECTION IX-39. Restrictions on issuance of stock.
No corporation shall issue stock except for money, labor done, or
property actually received, at a stated value thereof, and the
Legislature shall prescribe the necessary regulations to prevent the
issue of fictitious stock or indebtedness.
Amended by State Question No. 458, Legislative Referendum No. 171,
adopted at election held on Sept. 17, 1968.
SECTION IX-40. Influencing elections or official duty.
No corporation organized or doing business in this State shall be
permitted to influence elections or official duty by contributions of
money or anything of value.
SECTION IX-41. Banks and trust companies - Restriction on
controlling other stock.
No trust company, or bank or banking company shall own, hold, or
control, in any manner whatever, the stock of any other trust company
or bank or banking company, except such stock as may be pledged in
good faith to secure bona fide indebtedness, acquired upon
foreclosure, execution sale, or otherwise for the satisfaction of
debt; and such stock shall be disposed of in the time and manner
hereinbefore provided.
Amended by State Question No. 458, Legislative Referendum No. 171,
adopted at election held on Sept. 17, 1968.
SECTION IX-42. Arbitration of differences with employees.
Every license issued or charter granted to a mining or public
service corporation, foreign or domestic, shall contain a stipulation
that such corporation will submit any difference it may have with
employees in reference to labor, to arbitration, as shall be provided
by law.
SECTION IX-43. Foreign corporations - Designation of resident agent
- Service - Place of suit.
Every foreign corporation shall, before being licensed to do
business in the State, designate an agent residing in the State; and
service of summons or legal notice may be had on such designated
agent and such other agents as now are or may hereafter be provided
for by law. Suit may be maintained against a foreign corporation in
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the county where an agent of such corporation may be found, or in the
county of the residence of plaintiff, or in the county where the
cause of action may arise.
Amended by State Question No. 455, Legislative Referendum No. 168,
adopted at election held on Sept. 17, 1968; State Question No. 458,
Legislative Referendum No. 171, adopted at election held on Sept. 17,
1968.
SECTION IX-44. Foreign corporations subject to same restrictions and
requirements as domestic corporations.
No foreign corporation shall be authorized to carry on in this
State any business which a domestic corporation is prohibited form
doing, or be relieved from compliance with any of the requirements
made of a similar domestic corporation by the Constitution or laws of
the State. Nothing in this article, however, shall restrict or limit
the power of the Legislature to impose conditions under which foreign
corporations may be licensed to do business in this State.
SECTION IX-45. Monopoly or destruction of competition -
Discrimination prohibited.
Until otherwise provided by law, no person, firm, association, or
corporation engaged in the production, manufacture, distribution, or
sale of any commodity of general use, shall, for the purpose of
creating a monopoly or destroying competition in trade, discriminate
between different persons, associations, or corporations, or
different sections, communities or cities of the State, by selling
such commodity at a lower rate in one section, community, or city
than in another, after making due allowance for the difference, if
any, in the grade, quantity, or quality, and in the actual cost of
transportation from the point of production or manufacture.
SECTION IX-46. Grants of special or exclusive privileges.
All existing charters or grants of special or exclusive
privileges under which a bona fide organization shall not have taken
place and business commenced in good faith at the time this
Constitution becomes effective, shall thereafter have no validity.
SECTION IX-47. Power to alter, amend or repeal charters or
franchises.
The Legislature shall have power to alter, amend, annul, revoke,
or repeal any charter of incorporation or franchise now existing and
subject to be altered, amended, annulled, revoked, or repealed at the
time of the adoption of this Constitution, or any that may be
hereafter created, whenever in its opinion it may be injurious to the
citizens of this State, in such manner, however, that no injustice
shall be done to the incorporators.
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SECTION IX-48. Penalties and regulations.
The Legislature shall provide such penalties and regulations as
may be necessary for the proper enforcement of the provisions of this
article.
ARTICLE X - Revenue and Taxation
SECTION X-1. Fiscal year.
The fiscal year shall commence on the first day of July in each
year, unless otherwise provided by law.
SECTION X-2. Tax to defray state expenses.
The Legislature shall provide by law for an annual tax
sufficient, with other resources, to defray the estimated ordinary
expenses of the State for each fiscal year.
SECTION X-3. Tax to pay deficiency.
Whenever the expenses of any fiscal year shall exceed the income,
the Legislature may provide for levying a tax for the ensuing fiscal
year, which, with other resources, shall be sufficient to pay the
deficiency, as well as the estimated ordinary expenses of the State
for the ensuing year.
SECTION X-4. Levy to pay state debt.
For the purpose of paying the State debt, if any, the Legislature
shall provide for levying a tax, annually, sufficient to pay the
annual interest and principal of such debt within twenty-five years
from the final passage of the law creating the debt.
SECTION X-5. Surrender of power of taxation - Uniformity of taxes.
A. Except as otherwise provided by this section, the power of
taxation shall never be surrendered, suspended, or contracted away.
B. Taxes shall be uniform upon the same class of subjects.
C. The Legislature is hereby authorized to enact laws providing
for the abatement of tax assessments, or portions thereof, if:
1. Collection of the tax liability and interest and penalties
accruing thereto would reasonably result in the taxpayer declaring
bankruptcy;
2. The tax is uncollectible due to insolvency of the taxpayer
resulting from factors beyond control of the taxpayer or for other
similar cause beyond the control of the taxpayer;
3. The tax liability is attributable to actions of a person
other than the taxpayer and it would be inequitable to hold the
taxpayer liable for the tax liability; or
4. In cases of nonpayment of trust fund taxes, the taxes were
not collected by the taxpayer from its customer and the taxpayer had
a good faith belief that collection of the taxes was not required.
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Amended by State Question No. 702, Legislative Referendum No. 327,
adopted at General Election held Nov. 5, 2002.
SECTION X-6. Property exempt from taxation – Property exempt under
territorial law - Certain property exempted for limited time –
Special election to determine whether certain property exempt.
A. Except as otherwise provided in subsection B of this section,
all property used for free public libraries, free museums, public
cemeteries, property used exclusively for nonprofit schools and
colleges, and all property used exclusively for religious and
charitable purposes, and all property of the United States except
property for which a federal agency obtains title through
foreclosure, voluntary or involuntary liquidation or bankruptcy
unless the taxation of such property is prohibited by federal law;
all property of this state, and of counties and of municipalities of
this state; household goods of the heads of families, tools,
implements, and livestock employed in the support of the family, not
exceeding One Hundred Dollars ($100.00) in value, and all growing
crops, shall be exempt from taxation: Provided, that all property
not herein specified now exempt from taxation under the laws of the
Territory of Oklahoma, shall be exempt from taxation until otherwise
provided by law.
All property owned by the Murrow Indian Orphan Home, located in
Coal County, and all property owned by the Whitaker Orphan Home,
located in Mayes County, so long as the same shall be used
exclusively as free homes or schools for orphan children, and for
poor and indigent persons, and all fraternal orphan homes, and other
orphan homes, together with all their charitable funds, shall be
exempt from taxation, and such property as may be exempt by reason of
treaty stipulations, existing between the Indians and the United
States government, or by federal laws, during the force and effect of
such treaties or federal laws. The Legislature may authorize any
incorporated city or town, by a majority vote of its electors voting
thereon, to exempt manufacturing establishments and public utilities
from municipal taxation, for a period not exceeding five (5) years,
as an inducement to their location.
Up to one hundred (100) square feet of a storm shelter designed
for protection and safety from tornadoes or tornadic winds and
installed or added to an improvement to real property after January
1, 2002, shall be exempt from taxation. A storm shelter shall
include, but not be limited to, a safe room built as part of and
within an improvement to real property. If title to property with an
exempt storm shelter is transferred, changed or conveyed to another
person, such storm shelter shall be assessed for that year based on
the fair cash value as set forth in Section 8 of this article.
B. The board of county commissioners of any county may call a
special election to determine whether or not household goods of the
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heads of families and livestock employed in support of the family
located within the county shall be exempt from ad valorem taxation.
Such an election shall also be called by the board upon petition
signed by not less than twenty-five percent (25%) of the registered
voters of the county. Upon passage of the question, the exemption
provided for in this subsection shall become effective on January 1
of the following year.
Amended by State Question No. 582, Legislative Referendum No. 249,
adopted at election held on Nov. 6, 1984; State Question No. 597,
Legislative Referendum No. 260, adopted at election held on Nov. 4,
1986; State Question No. 648, Legislative Referendum No. 292, adopted
at election held on Nov. 3, 1992; State Question No. 696, Legislative
Referendum No. 323, adopted at election held on Nov. 5, 2002.
SECTION X-6A. See the following versions:
OC 10-6Av1 (State Question No. 443, Legislative Referendum No.
159, adopted at election held Sept. 17, 1968).
OC 10-6Av2 (State Question No. 766, Legislative Referendum No.
363, adopted at election held on Nov. 6, 2012).
SECTION X-6B. Qualifying manufacturing concern - Ad valorem tax
exemption.
A. For the purpose of inducing any manufacturing concern to
locate or expand manufacturing facilities within any county of this
state, a qualifying manufacturing concern shall be exempt from the
levy of any ad valorem taxes upon new, expanded or acquired
manufacturing facilities for a period of five (5) years.
B. For purposes of this section, a "qualifying manufacturing
concern" means a concern that:
1. Is not engaged in business in this state or does not have
property subject to ad valorem tax in this state and constructs a
manufacturing facility in this state or acquires an existing facility
that has been unoccupied for a period of twelve (12) months prior to
acquisition; or
2. Is engaged in business in this state or has property subject
to ad valorem tax in this state and constructs a manufacturing
facility in this state at a different location from present
facilities and continues to operate all of its facilities or acquires
an existing facility that has been unoccupied for a period of twelve
(12) months prior to acquisition and continues to operate all of its
facilities.
C. The exemption allowed by this section shall apply to
expansions of existing facilities. Provided, however that any
exemption shall be limited to the increase in ad valorem taxes
directly attributable to the expansion.
D. The Legislature shall define the term "manufacturing
facility" for purposes of the ad valorem tax exemption provided by
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this section in order to promote full employment of labor resources
within the state; provided, however, that a manufacturing facility
that qualifies for the ad valorem tax exemption provided by this
section, pursuant to the definition of "manufacturing facility" then
applicable, shall be eligible for the exemption without regard to
subsequent changes in the definition of the term "manufacturing
facility".
E. The Legislature shall enact laws to carry out the provisions
of this section and to provide for the reimbursement to common
schools, county governments, cities and towns, emergency medical
services districts, vocational-technical schools, junior colleges,
county health departments and libraries for revenues lost to such
entities as a result of the exemption provided by this section.
F. The assessed valuation of property exempt from taxation by
virtue of this section shall be added to the assessed valuation of
taxable property in computing the limit on indebtedness of political
subdivisions contained in Section 26 of this article.
G. Pursuant to an affirmative vote of a majority of the eligible
voters of the county at an election for such purpose which may be
called by the county commissioners of each county, after the
expiration of the period prescribed by this section for the
exemption, a county may retain not to exceed twenty-five percent
(25%) of the increased ad valorem taxes derived from the levy imposed
by the county upon the taxable value of property previously exempt
pursuant to this section. The revenue retained by the county
pursuant to this subsection may be used by the county as an economic
development incentive to attract additional investment which will
result in additional employment in the county. Only ad valorem tax
revenue derived from ten (10) mills of the total ad valorem tax levy
imposed by the county may be used for this purpose. The ad valorem
tax revenue derived from the levy imposed by any other taxing
jurisdiction shall be apportioned as otherwise required by law. The
provisions of this subsection shall be applicable to qualified
manufacturing concerns exempt prior to the adoption of the amendment
contained in this subsection and which become taxable, either by
expiration of the exemption period or for other reasons, on or after
the date as of which the provisions of this subsection become law and
to qualified manufacturing concerns which are exempt for the first
time on or after the date of the adoption of the amendment contained
in this subsection and which subsequently become taxable.
Added by State Question No. 588, Legislative Referendum No. 252,
adopted at election held on April 30, 1985. Amended by State
Question No. 618, Legislative Referendum No. 275, adopted at election
held on Aug. 23, 1988; State Question No. 697, Legislative Referendum
No. 324, adopted at election held on Nov. 5, 2002.
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SECTION X-6C. Tax relief for historic preservation, reinvestment, or
enterprise areas - Economic stagnation or decline - Use of local
taxes and fees for public investments - Development or redevelopment
of unproductive, etc. areas.
A. The Legislature, by law, may grant incorporated cities,
towns, or counties the ability to provide incentives, exemptions and
other forms of relief from taxation for historic preservation,
reinvestment, or enterprise areas that are exhibiting economic
stagnation or decline. Relief from taxes imposed by other local
taxing jurisdictions shall only be allowed by contractual arrangement
with the municipal or county governing body. The law shall require
public hearings before such relief may be granted and shall provide
for the local initiative power and referendum of the people. The
Legislature may set limitations on the cumulative incentives and
relief provided pursuant to the provisions of this section, the time
period for the exemptions, the geographical area of the jurisdiction
covered, the percentage of the tax base of the jurisdiction eligible
for the relief programs, and threshold limits of investment credit
and jobs created.
B. The Legislature, by law, may authorize that the cities,
towns, or counties may specifically use local taxes and local fees,
in whole or in part, for specific public investments, assistance in
development financing, or as a specific revenue source for other
public entities in the area in which the improvements take place and
may direct the apportionment of the taxes and fees specified in this
subsection for the purposes specified in this section. A direction
of apportionment may be prospective and may continue for one or more
years, and apportioned tax increments may be pledged beyond the
current fiscal year to the repayment of indebtedness of other public
entities, notwithstanding the provisions of Section 26 of Article X
of the Oklahoma Constitution, or other constitutional provisions.
The Legislature may establish for this subsection, the same
procedures and limitations authorized in subsection A of this
section.
C. The Legislature, by law, may authorize any city, town, or
county to plan, finance and carry out the development or
redevelopment of areas determined by the governing body of such city,
town, or county to be unproductive, undeveloped, underdeveloped or
blighted. The authority of the county shall be limited to the
unincorporated areas of such county but any city, town or county may
by agreement jointly plan, finance or carry out a development plan
with any other public or private entity for one or more development
projects within their respective boundaries.
D. Any city, town, or county may exercise the provisions of this
section separately or in combination with powers granted by any other
laws of this state.
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Added by State Question No. 641, Legislative Referendum No. 287,
adopted at election held on Nov. 6, 1990. Amended by State Question
No. 707, Legislative Referendum No. 332, adopted at election held on
Nov. 2, 2004. Amendment proposed by Laws 2003, S.J.R. No. 12, § 1.
SECTION X-7. Assessments for local improvements.
The Legislature may authorize county and municipal corporations
to levy and collect assessments for local improvements upon property
benefited thereby, homesteads included, without regard to a cash
valuation.
SECTION X-8. Valuation of property for taxation - Limit on
percentage of fair cash value - Approval by voters.
A. Except as otherwise provided in Article X of this
Constitution, beginning January 1, 1997, all property which may be
taxed ad valorem shall be assessed for taxation as follows:
1. Tangible personal property shall not be assessed for taxation
at less than ten percent (10%) nor more than fifteen percent (15%) of
its fair cash value, estimated at the price it would bring at a fair
voluntary sale;
2. Real property shall not be assessed for ad valorem taxation
at a value less than eleven percent (11%) nor greater than thirteen
and one-half percent (13.5%) of its fair cash value for the highest
and best use for which such property was actually used, or was
previously classified for use, during the calendar year next
preceding the first day of January on which the assessment is made.
The transfer of property without a change in its use classification
shall not require a reassessment based exclusively upon the sale
value of such property. In connection with the foregoing, the
Legislature shall be empowered to enact laws defining classifications
of use for the purpose of applying standards to facilitate uniform
assessment procedures in this state; and
3. All other property which is assessed by the State Board of
Equalization shall be assessed for ad valorem taxation at the
percentage of its fair cash value, estimated at the price it would
bring at a fair voluntary sale, at which it was assessed on January
1, 1996.
B. Beginning January 1, 1997, the percentage at which real or
tangible personal property is assessed within a county shall not be
increased except upon approval by a majority of the registered voters
of the county, voting at an election called for that purpose by a
majority of the county commissioners, or upon a petition initiated by
not less than ten percent (10%) of the registered voters of the
county based on the total number of votes cast at the last general
election for the county office receiving the highest number of votes
at the election. In no event shall the percentage be increased by
more than one percentage point per year or increase in excess of the
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limitations set forth in paragraphs 1 and 2 of subsection A of this
section. The percentage at which real or tangible personal property
is assessed within a county may be decreased, within the limitations
set forth in paragraphs 1 and 2 of subsection A of this section,
without approval of the voters of the county.
C. Any officer or other person authorized to assess values or
subjects for taxation, who shall commit any wilful error in the
performance of the duties of the office, shall be deemed guilty of
malfeasance, and upon conviction thereof shall forfeit the office and
be otherwise punished as may be provided by law.
Amended by State Question No. 379, Legislative Referendum No. 117,
adopted at special election held on July 1, 1958; State Question No.
486, Legislative Referendum No. 192, adopted at election held on Nov.
7, 1972; State Question No. 675, Legislative Referendum No. 305,
adopted at election held on Nov. 5, 1996.
SECTION X-8A. Approval of exemption of household goods of heads of
families and livestock employed in support of family - Adjusted
millage rate - Computation procedure - Maximum rate.
(a) If a county approves an exemption of household goods of the
heads of families and livestock employed in support of the family
from taxation pursuant to the provisions of subsection (b) of Section
6 of this article, the millage rate levied against the net taxable
valuation of all property of each taxing jurisdiction located within
such county levying ad valorem taxes for a general fund or a building
fund shall be adjusted pursuant to the provisions of subsection (b)
of this section to compensate for the potential loss of revenue to
the taxing jurisdiction directly attributable to the exemption of all
such property. For purposes of this section, "taxing jurisdiction"
shall include, but not be limited to, counties, cities, towns, common
school districts, vocational-technical school districts and any other
unit of government authorized to collect ad valorem taxes from
millage levied against the taxable value of property.
(b) The adjusted millage rate for a general fund or building
fund of each taxing jurisdiction located within a county which
exempts household goods of the heads of families and livestock
employed in support of the family from ad valorem taxation pursuant
to the provisions of subsection (b) of Section 6 of this Article
shall be computed, for each taxing jurisdiction, by dividing the net
taxable valuation of all property for the year preceding the year in
which the exemption of such property becomes effective by the
difference between the net taxable valuation of all property for the
year preceding the year in which the exemption of such property
becomes effective and the net taxable valuation of the household
goods of the heads of families and livestock employed in support of
the family for the year preceding the year in which the exemption of
such property becomes effective. The resulting quotient shall be the
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millage adjustment factor, and shall be multiplied by the millage
rate which would otherwise have been applied for the year in which
the exemption of such property becomes effective to derive the
adjusted millage rate, which shall be levied against the net taxable
valuation of all property, other than the exempt property, within the
jurisdiction for the year in which the exemption of household goods
of the heads of families and livestock employed in support of the
family becomes effective; provided, such adjusted millage rate may be
increased or decreased in the manner provided by the provisions of
this Article.
(c) If a county approves an exemption of household goods of the
heads of families and livestock employed in support of the family
from ad valorem taxation pursuant to the provisions of subsection (b)
of Section 6 of this article, the maximum allowable millage for any
millage levied by any taxing jurisdiction located within such county
for a general fund or building fund, as prescribed by Sections 9, 9A,
9B, 9C, 9D, 10, 10A, 10B and 35 of this article or as otherwise
authorized by Section 36 of Article V of the Oklahoma Constitution,
shall be adjusted by multiplying such millage by the millage
adjustment factor as specified in subsection (b) of this section.
The resulting product shall be the adjusted maximum allowable millage
for that particular millage levied by such taxing jurisdiction for a
general fund or building fund.
(d) If approved by the people, this section will become
effective January 1, 1993.
Added by State Question No. 648, Legislative Referendum No. 292,
adopted at election held on Nov. 3, 1992.
SECTION X-8B. Valuation of real property for ad valorem taxation.
Despite any provision to the contrary, on and after January 1,
2013, the fair cash value of any parcel of locally assessed real
property shall not increase by more than five percent (5%) in any
taxable year; provided, if such property qualified for a homestead
exemption or is classified as agricultural land, any increase to the
fair cash value of such locally assessed real property in a taxable
year shall be limited to three percent (3%). The provisions of this
section shall not apply in any year when title to the property is
transferred, changed, or conveyed to another person or when
improvements have been made to the property. If title to the
property is transferred, changed, or conveyed to another person, the
property shall be assessed for that year based on the fair cash value
as set forth in Section 8 of Article X of this Constitution. If any
improvements are made to the property, the increased value to the
property as a result of the improvement shall be assessed for that
year based on the fair cash value as set forth in Section 8 of
Article X of this Constitution. The provisions of this section shall
not apply to any personal property which may be taxed ad valorem or
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any property which may be valued or assessed by the State Board of
Equalization.
The Legislature shall enact any laws necessary to implement the
provisions of this section.
Added by State Question No. 676, Legislative Referendum No. 306,
adopted at election held on Nov. 5, 1996. Amended by State Question
No. 758, Legislative Referendum No. 358, adopted at election held on
Nov. 6, 2012.
SECTION X-8C. Limit on fair cash value on homestead.
A. Despite any provision to the contrary, beginning January 1,
2005, the fair cash value, as determined by law, on each homestead of
an individual head of household whose gross household income from all
sources for the preceding calendar year did not exceed an amount as
provided in subsection B of this section, and which individual head
of household is sixty-five (65) years of age or older, shall not
exceed the fair cash value placed upon the property during the first
year in which the individual head of household was sixty-five (65)
years of age or older and had gross household income from all sources
which did not exceed an amount as provided in subsection B of this
section. Subject to the limitations of this section, the fair cash
value shall not exceed such amount as long as the individual head of
household who is sixty-five (65) years of age or older owns and
occupies the property and as long as the gross household income from
all sources does not exceed an amount as provided in subsection B of
this section. If any improvements are made to the property, the fair
cash value of the improvements shall be assessed in accordance with
law by the county assessor and added to the assessed value of the
property. Once the fair cash value of the improvements has been
added to the fair cash value of the property, the total fair cash
value shall not exceed the revised valuation of the property so long
as the individual head of household who is sixty-five (65) years of
age or older owns and occupies the property and so long as the gross
household income from all sources does not exceed an amount as
provided in subsection B of this section. For any individual head of
household who is sixty-five (65) years of age or older prior to
January 1, 1997, and has gross household income from all sources of
Twenty-five Thousand Dollars ($25,000.00) or less in calendar year
1996, the fair cash value of the real property shall be the fair cash
value placed upon the property on January 1, 1997. If the individual
head of household ceases to own and occupy the property or if the
gross household income from all sources exceeds an amount as provided
in subsection B of this section, the fair cash value of the property
shall be determined as if the provisions of Section 8 of Article X of
the Constitution of the State of Oklahoma or any other provisions
relating to a limitation on the fair cash value of locally assessed
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real property had been in effect during the time the property was
valued pursuant to the provisions of this section.
B. The income threshold for the gross household income from all
sources for an individual head of household under this section shall
not exceed the amount determined by the United States Department of
Housing and Urban Development to be the estimated median income for
the preceding year for the county or metropolitan statistical area
which includes such county. The Oklahoma Tax Commission shall
provide such information to each county assessor each year as soon as
such information becomes available.
Added by State Question No. 677, Legislative Referendum No. 307,
adopted at election held on Nov. 5, 1996. Amended by State Question
No. 714, Legislative Referendum No. 337, adopted at election held on
Nov. 2, 2004. Amendment proposed by Laws 2004, S.J.R. No. 30, § 1.
SECTION X-8D. Household personal property exemption – Permanently
disabled veterans.
A. Despite any provision to the contrary, beginning January 1,
2009, each head of household who has been honorably discharged from
active service in any branch of the Armed Forces of the United States
or Oklahoma National Guard and who has been certified by the United
States Department of Veterans Affairs or its successor to have a one-
hundred-percent (100%) permanent disability sustained through
military action or accident or resulting from disease contracted
while in such active service or the surviving spouse of such head of
household shall be entitled to claim an exemption for the full amount
of all household personal property which is subject to ad valorem
taxation and which is not subject to any form of taxation in lieu of
ad valorem taxation.
B. In order to be eligible for the exemption authorized by this
section, the individual shall be required to prove residency within
the State of Oklahoma.
C. The Legislature shall be authorized to enact such laws as may
be necessary in order to implement the exemption provided by this
section; however, the exemption amount shall not be subject to
modification by such enactments and shall be for the full amount of
the valuation of any household personal property as otherwise
prescribed by this section.
Added by State Question No. 735, Legislative Referendum No. 343,
adopted at election held on Nov. 4, 2008. Addition proposed by Laws
2007, c. 160, § 1.
SECTION X-8E. Homestead exemption – Military service disability.
A. Despite any provision to the contrary, beginning January 1,
2006, each head of household who has been honorably discharged from
active service in any branch of the Armed Forces of the United States
or Oklahoma National Guard and who has been certified by the United
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States Department of Veterans Affairs or its successor to have a one
hundred percent (100%) permanent disability sustained through
military action or accident or resulting from disease contracted
while in such active service or the surviving spouse of such head of
household shall be entitled to claim an exemption for the full amount
of the fair cash value of the homestead.
B. In order to be eligible for the exemption authorized by this
section, the individual shall be required to prove residency within
the State of Oklahoma and must have previously qualified for the
homestead exemption authorized by law or be eligible for the
homestead exemption pursuant to law.
C. If a homestead otherwise eligible for the exemption
authorized by this section is transferred on or after January 1 of a
calendar year, another homestead property acquired by the qualifying
head of household or by the surviving spouse of such qualifying head
of household shall be exempt to the same extent as the homestead
property previously owned by such person or persons for the year
during which the new homestead is acquired and, subject to the
requirements of this section, for each year thereafter.
Added by State Question No. 715, Legislative Referendum No. 338,
adopted at election held on Nov. 2, 2004 (addition proposed by Laws
2004, H.J.R. No. 1044, § 1). Amended by State Question No. 770,
Legislative Referendum No. 365, adopted at election held on Nov. 4,
2014 (amendment proposed by Laws 2014, c. 317, § 1).
SECTION X-8F. Homestead exemption – Surviving spouse of veteran.
A. Despite any provision to the contrary, and except as
otherwise provided by subsection D of this section, beginning January
1, 2015, the surviving spouse of the head of household who is
determined by the United States Department of Defense or any branch
of the United States military to have died while in the line of duty
shall be entitled to claim an exemption for the full amount of the
fair cash value of the homestead until such surviving spouse
remarries.
B. In order to be eligible for the exemption authorized by this
section, the surviving spouse shall be required to prove residency
within the State of Oklahoma and must have previously qualified for
the homestead exemption authorized by law or be eligible for the
homestead exemption pursuant to law.
C. If a homestead otherwise eligible for the exemption
authorized by this section is transferred on or after January 1 of a
calendar year, another homestead property acquired by the surviving
spouse shall be exempt to the same extent as the homestead property
previously owned by such person for the year during which the new
homestead is acquired and, subject to the requirements of this
section, for each year thereafter.
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D. The provisions of this section shall be applicable for the
2014 calendar year with respect to an existing homestead property
owned by the surviving spouse of a person previously determined to
have died while in the line of duty by the United States Department
of Defense or applicable branch of the United States military.
Added by State Question No. 771, Legislative Referendum No. 366,
adopted at election held on Nov. 4, 2014 (addition proposed by Laws
2014, c. 317, § 3).
SECTION X-9. Amount of ad valorem tax.
(a) Except as herein otherwise provided, the total taxes for all
purposes on an ad valorem basis shall not exceed, in any taxable
year, fifteen (15) mills on the dollar, no less than five (5) mills
of which is hereby apportioned for school district purposes, the
remainder to be apportioned between county, city, town and school
district, by the County Excise Board, until such time as a regular
apportionment thereof is otherwise provided for by the Legislature.
No ad valorem tax shall be levied for State purposes, nor shall
any part of the proceeds of any ad valorem tax levy upon any kind of
property in this State be used for State purposes.
(b) A tax of four (4) mills on the dollar valuation of all
taxable property in the county shall be levied annually in each
county of the State for school purposes and, until otherwise provided
by law, the proceeds thereof shall be apportioned to the school
districts of the county by the County Treasurer on the basis of the
legal average daily attendance for the preceding school year as
certified by the State Board of Education. Provided that in case a
school district lies in more than one county, such district shall be
deemed a school district of the county having the greater part of the
area comprising such district, unless otherwise provided by law, and
shall be entitled to participate in the proceeds of such tax on the
same basis as districts lying wholly within such county but revenue
from such tax on the assessed valuation of the district in other
counties shall, when collected, be transmitted to the County
Treasurer of such county having the greater part of the area
comprising the district, unless otherwise provided by law, and be
apportioned as hereinbefore provided for the proceeds of such tax on
the assessed valuation of such county. Not to exceed seventy-five
per centum (75%) of the amount received by a school district from the
proceeds of such county levy in any year shall be required to finance
the State guaranteed program of such district.
(c) Upon certification of a need therefor by the board of
education of any school district an additional tax of not to exceed
fifteen (15) mills on the dollar valuation of all taxable property in
the district shall be levied for the benefit of the schools of such
district.
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(d) In addition to the levies hereinbefore authorized, any
school district may make an emergency levy for the benefit of the
schools of such district, in an amount not to exceed five (5) mills
on the dollar valuation of the taxable property in such district when
approved by a majority of the electors of the district voting on the
question at an election called for such purpose. This emergency levy
shall provide only sufficient additional revenue to meet the needs of
the district each fiscal year as determined by the board of such
district and must be approved by a majority of the electors voting on
said question at such an election for each fiscal year.
(d-1) In addition to the levies hereinbefore authorized, any
school district may make a local support levy for the benefit of the
schools of such district, in an amount not to exceed ten (10) mills
on the dollar valuation of the taxable property in such district,
when approved by a majority of the ad valorem taxpaying voters voting
on said question at an election for each fiscal year called for such
purposes. This local support levy shall provide only sufficient
additional revenue to meet the needs of the district for each such
fiscal year as determined by the board of such district; provided, an
elector desiring to vote upon such local support levy must present an
ad valorem tax receipt for the year immediately preceding before
being issued a ballot, or sign a sworn affidavit certifying the fact
of such payment.
(d-2) A school district may upon approval by a majority of the
electors of the district voting on the question make the ad valorem
levy for emergency levy and local support levy under (d) and (d-1) of
this section permanent. If the question is approved, the levies, in
the amount approved as required by this section, shall be made each
fiscal year thereafter until such time as a majority of the electors
of the district voting on the question rescind the making of the levy
permanent. An election on such question shall be held at such time
as a petition is signed by ten percent (10%) of the school district
electors or a recommendation by the board of education of the school
district is made asking that the levies be made each fiscal year.
(e) The amount of revenue from school district ad valorem taxes
levied under (a) and (c) of this Section which any school district
may be required to use to finance its State guaranteed program shall
not be in excess of its share, based upon its relative taxpaying
ability as may be defined by law, of an amount equivalent to the net
proceeds from a fifteen (15) mill tax levy on the aggregate net
assessed valuation of the State; but until such relative taxpaying
ability is defined by the Legislature, the amount of revenue from
such taxes which any school district may be required to use to
finance its State guaranteed program shall not be in excess of the
net proceeds from an ad valorem tax levy of fifteen (15) mills on the
dollar net assessed valuation of the district. No part of the
proceeds from any ad valorem levy for emergency levy and local
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support levy under (d) and (d-1) of this Section shall be required to
finance the State guaranteed program of such district.
Nothing in the amendments to the Constitution incorporated herein
shall be construed to amend, alter or supersede the present
application of Article XII-A, Sections 1 and 2 of the Oklahoma
Constitution.
Amended by State Question No. 185, Referendum Petition No. 61,
adopted at election held on Aug. 15, 1933; State Question No. 319,
Referendum Petition No. 91, adopted at election held on July 2, 1946;
State Question No. 314, Initiative Petition No. 224, adopted at
election held on Nov. 5, 1946; State Question No. 316, Initiative
Petition No. 226, adopted at election held on Nov. 5, 1946; State
Question No. 327, Referendum Petition No. 92, adopted at election
held on July 6, 1948; State Question No. 368, Referendum Petition No.
109, adopted at election held on April 5, 1955; State Question No.
430, Referendum Petition No. 151, adopted at election held on Sept.
14, 1965; State Question No. 690, Legislative Referendum No. 318,
adopted at election held on Nov. 7, 2000.
SECTION X-9A. Additional county ad valorem tax levy for department
of health.
For the purpose of maintaining or aiding in maintaining a
department of health within any county of the State, an additional
levy not to exceed two and one-half mills on the dollar of the
assessed valuation of the county may be levied annually, when such
levy is approved by a majority of the qualified ad valorem tax paying
voters of the county, voting on the question at an election called
for such purpose by the Board of County Commissioners, or by
initiative petition by voters of a county. A maximum levy of two and
one-half mills may be made for such purpose after such approval until
repealed by a majority of the qualified ad valorem tax paying voters
of the county, voting on the question at an election called for such
purpose by the Board of County Commissioners, or by initiative
petition by voters of a county. Such department of health may be
maintained jointly or in conjunction with one or more counties,
cities, towns or school districts, or any combination thereof, and
shall be maintained as now or hereafter provided by law. Nothing
herein shall prohibit other levies or the use of other public funds
for such department of health.
SECTION X-9B. Technology center school districts for technology
center schools – Tax levies.
A. Technology center school districts for technology center
schools may be established and a levy of not to exceed five (5) mills
on the dollar valuation of the taxable property in any technology
center school district so established may be made annually, for the
district, when the levy is approved by a majority of the electors of
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the technology center school district, voting on the question at an
election called for that purpose. The levy shall be in addition to
all other levies authorized by this Constitution, and when approved,
shall be made each fiscal year thereafter until repealed by a
majority of the electors of the technology center school district,
voting on the question at an election called for that purpose.
B. Any technology center school district so established shall be
considered as a school district for the purposes of Sections 10 and
26 of this Article. The administrative control and direction of the
technology center school district shall be vested in a school board
which shall be constituted and empowered as provided for by law for
school boards of independent school districts.
C. Provisions of other subsections of this section
notwithstanding, in any case where a college technology center school
district recognized pursuant to Section 4423 of Title 70 of the
Oklahoma Statutes and established by vote of the people after
December 31, 1968, overlaps and includes territory which is included
within the district of a technology center school established as
prescribed by the State Board of Career and Technology Education
pursuant to Section 14-108 of Title 70 of the Oklahoma Statutes,
except as otherwise provided in this section, only the levies made by
the college technology center school district shall be applied to the
overlap territory. Incentive levies may be applied to the overlap
area by either the college technology center school district or
technology center school district and revenues from the overlap area
collected pursuant to any incentive levy so made shall be apportioned
one-half (1/2) to the college technology center school district
making the levy and one-half (1/2) to the overlapped technology
center school district. Only one district shall make an incentive
levy in the overlap territory during any given time period. In any
case where a college technology center school district recognized
pursuant to Section 4420 or 4420.1 of Title 70 of the Oklahoma
Statutes overlaps and includes territory which is included within the
district of a technology center school established as prescribed by
the State Board of Career and Technology Education pursuant to
Section 14-108 of Title 70 of the Oklahoma Statutes, said overlap
territory shall be subject to all levies of both kinds of districts
that are approved by a majority of the electors.
D. Provisions of other subsections of this section
notwithstanding, in any case where a college technology center school
district recognized pursuant to Section 4423 of Title 70 of the
Oklahoma Statutes and established by vote of the people after
December 31, 1968, but before July 1, 2012, overlaps and includes
territory which is included within the district of a technology
center school established as prescribed by the State Board of Career
and Technology Education pursuant to Section 14-108 of Title 70 of
the Oklahoma Statutes, except as otherwise provided in this section,
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the building fund levy made pursuant to Section 10 of this Article
may be applied to the overlap area by either the college technology
center school district or technology center school district and
revenues from the overlap area collected pursuant to any building
fund levy so made shall be apportioned one-half (1/2) to the college
technology center school district making the levy and one-half (1/2)
to the overlapped technology center school district. Only one
district shall make a building fund levy in the overlap territory
during any given time period.
E. In addition to any other levies authorized by this section, a
technology center school district may make a local incentive levy for
the benefit of the technology center school district in an amount not
to exceed five (5) mills on the dollar valuation of the taxable
property in the technology center school district when approved by a
majority of those registered voters of the technology center school
district voting on the question at an election called for that
purpose. Except as otherwise provided, this levy, when approved,
shall be made each fiscal year thereafter until repealed by a
majority of the electors of the technology center school district
voting on the question at an election called for that purpose. A
technology center school district which has previously failed to
approve a local incentive levy at two consecutive elections held
between January 1, 1994, and May 31, 1994, may make a local incentive
levy for the benefit of the technology center school district only if
approved by a majority of the registered voters of the technology
center school district voting on the question at an election for each
fiscal year. If a majority of voters approve the local incentive
levy for three (3) consecutive years, the levy approved on the third
year shall be made each fiscal year thereafter until repealed by a
majority of the electors of the technology center school district
voting on the question at an election called for that purpose.
F. Upon the establishment of technology center school districts,
the districts are authorized to become indebted separate and apart
from the indebtedness of any school district included in the
technology center school district up to five percent (5%) of the net
valuation of taxable property within the technology center school
district for capital improvements, including purchasing sites and
constructing, purchasing, improving, and equipping real property and
buildings when the indebtedness is approved by a majority of the
electors of the technology center school district voting on the
question in an election called for that purpose.
G. Until otherwise provided for by law, technology center school
districts and the government of technology center school districts
shall be established in accordance with criteria and procedures
prescribed by the State Board of Career and Technology Education.
H. The Legislature may alter, amend, delete, or add to the
provisions of this section by law.
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Added by State Question No. 434, Legislative Referendum No. 155,
adopted at election held on May 24, 1966. Amended by Laws 1984, c.
63, § 1, emerg. eff. March 29, 1984; Laws 1989, c. 41, § 1, eff. Jan.
1, 1991; Laws 1990, c. 263, § 148, operative July 1, 1990; Laws 1991,
c. 206, § 1, emerg. eff. May 17, 1991; Laws 1993, c. 149, § 1, eff.
July 1, 1993; Laws 1994, c. 232, § 7, emerg. eff. May 25, 1994; Laws
2001, c. 33, § 183, eff. July 1, 2001; Laws 2002, c. 480, § 1, emerg.
eff. June 6, 2002; Laws 2007, c. 123, § 1, eff. July 1, 2007; Laws
2012, c. 180, § 1, eff. July 1, 2012.
SECTION X-9C. Emergency Medical Service Districts
(a) The board of county commissioners, or boards if more than
one county is involved, may call a special election to determine
whether or not an ambulance service district shall be formed. An
election shall also be called by the board or boards involved upon
petition signed by not less than ten percent (10%) of the registered
voters of the area affected. Said area may embrace a county, a part
thereof, or more than one county or parts thereof, and in the event
the area covers only a part or parts of one or more counties, the
area must follow school district boundary lines. All registered
voters in such area shall be entitled to vote, as to whether or not
such district shall be formed, and at the same time and in the same
question authorize a tax levy not to exceed three (3) mills for the
purpose of providing funds for the purpose of support, organization,
operation and maintenance of district ambulance services, known as
emergency medical service districts and hereinafter referred to as
"districts." If the formation of the district and the mill levy is
approved by a majority of the votes cast, a special annual recurring
ad valorem tax levy of not more than three (3) mills on the dollar of
the assessed valuation of all taxable property in the district shall
be levied. The number of mills shall be set forth in the election
proclamation, and may be increased in a later election, not to exceed
a total levy of three (3) mills. This special levy shall be in
addition to all other levies and when authorized shall be made each
fiscal year thereafter.
Each district which is herein authorized, or established, shall
have a board of trustees composed of not less than five members.
Such trustees shall be chosen jointly by the board or boards of
county commissioners, provided that such membership shall be composed
of not less than one individual from each county or part thereof
which is included in said district.
Original members of the board of trustees shall hold office, as
follows: At the first meeting of said board, board members shall
draw lots to determine each trustee's original length of term in
office. The number of lots to be provided shall be equal to the
number of original members of the board, and lots shall be numbered
sequentially from one through five, with lots in excess of the fifth
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lot being also numbered sequentially from one through five until all
lots are numbered. Each original member or members added by an
expansion area of the board shall hold office for the number of years
indicated on his or her lot. Each year, as necessary, the board or
boards of county commissioners shall appoint successors to such
members of the board of trustees whose terms have expired, and such
subsequent appointments shall be for terms of five (5) years.
Such board of trustees shall have the power and duty to
promulgate and adopt such rules, procedures and contract provisions
necessary to carry out the purposes and objectives of these
provisions, and shall individually post such bond as required by the
county commissioners, which shall not be less than Ten Thousand
Dollars ($10,000.00).
The district board of trustees shall have the additional powers
to hire a manager and appropriate personnel, contract, organize,
maintain or otherwise operate the emergency medical services within
said district and such additional powers as may be authorized by the
Legislature.
(b) Any district board of trustees may issue bonds, if approved
by a majority vote at a special election for such purpose. All
registered voters within the designated district shall have the right
to vote in said election. Such bonds shall be issued for the purpose
of acquiring emergency vehicles and other equipment and maintaining
and housing the same.
(c) The bonds authorized above shall not bear interest at a
greater rate than that authorized by statute for the issuance of city
municipal bonds. Such bonds shall be sold only at public sale after
twenty (20) days' advertisement in a newspaper for publication of
legal notices with circulation in the district. Any district may
refund its bonds as is now provided by law for refunding municipal
bonds.
(d) Any district board of trustees, upon issuing bonds as
authorized in subsection (b) of this section, shall levy a special
annual ad valorem tax upon the property within the district, payable
annually, in a total amount not to exceed three (3) mills on the
dollar, on the real and personal taxable property in such district,
for the payment of principal and interest on outstanding bonds, until
same are paid. However, the trustees may, from time to time, suspend
the collection of such annual levy when not required for the payment
of the bonds. In no event shall the real and personal taxable
property in any city or town be subject to a special tax in excess of
three (3) mills for the payment of bonds issued hereunder.
(e) There may also be pledged to the payment of principal and
interest of the bonds herein authorized to be issued: (1) any net
proceeds from operation of the district that the board of trustees of
the district shall deem not necessary to the future operation and
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maintenance of said emergency medical service; or (2) any monies
available from other funds of the district not otherwise obligated.
(f) Bonds shall be issued for designated sums with serial
numbers thereon and maturing annually after three (3) years from date
of issue. All bonds and interest thereon shall be paid upon maturity
and no bonds shall be issued for a period longer than thirty (30)
years. Any district board of trustees may in its discretion schedule
the payment of principal over the thirty-year period so that when
interest is added there will be approximately level annual payments
of principal and interest.
(g) In the event the mill levy as set forth in the original
election proclamation is less than three (3) mills, the board of
trustees may request the county commissioners to call a subsequent
election to consider increasing the mill levy; provided, however, the
total levy authorized by subsection (a) hereof shall not exceed three
(3) mills.
(h) The board of trustees of any district shall have
jurisdiction over the sale or refunding of any bonds issued by the
district and shall be responsible for the economical expenditure of
the funds derived from the bonds.
(i) Such districts shall be empowered to charge fees for
services, and accept gifts, funds or grants from sources other than
the mill levy, which shall be used and accounted for in a like
manner. Persons served outside the district shall be charged an
amount equal to the actual costs for the service, not taking into
account any income the district receives from millage or sources
within the district. The board of trustees shall have legal
authority to bring suits necessary to collect accounts owed and to
sue and defend as necessary for the protection of the board. The
State Auditor and Inspector shall conduct an annual audit of the
operations of such districts.
(j) Any emergency medical service district may expand to include
other counties or parts thereof, provided that an election is called
by the county commissioners whose county or counties, or parts
thereof, are to be added to in the established district; and provided
further, that the county commissioners in the original district
concur in the calling of said election. The proposed expansion area
shall only be added to the original district if approved separately
by a majority vote, by the voters in both the original district and
in the expansion area, at an election called for that purpose. The
county in which the expansion area is located shall have not less
than one member on the board of trustees. Appropriate millage or
other approved method of financial support shall be levied in the
expansion area, when said area is added to the original district
which millage shall be levied at the rate used to cover operational
costs and outstanding bonded indebtedness as provided in Section 9C,
(d) and (e), Article X.
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(k) Any county or parts thereof may withdraw from a district
provided that an election is called by the county commissioners of
the county whose county or parts thereof is to be withdrawn from the
district. The county or parts thereof shall be withdrawn from the
district if approved by a majority vote of the voters in the county
at an election called for such purpose. If the county commissioners
are presented a petition signed by not less than twenty percent (20%)
of all registered voters in the county, the county commissioners
shall call an election. The petition for an election for a county or
parts thereof to withdraw from a district and the ballot shall
provide for the payment of any debt for operational costs and
outstanding bonded indebtedness in proportional shares, for which the
county or parts thereof would be responsible as a result of the
membership of the county or parts thereof in the district.
(l) Any district may be dissolved, or the millage levy changed,
by a majority vote of the registered voters voting at an election
called for that purpose by the county commissioners of each county or
part thereof included within the district; provided that such an
election shall not be called unless either three-fifths (3/5) of the
trustees of such district request the county commissioners to call
such an election, or the respective county commissioners are
presented a petition signed by not less than twenty percent (20%) of
all registered voters in the district.
(m) In the event a district is dissolved, any mill levy used to
support, organize, operate and maintain the emergency medical service
district shall cease, provided that such mill levy shall not cease
until all outstanding emergency medical service bonds of that
district are retired and all other debts incurred by the emergency
medical service district have been satisfied.
(n) All elections called under the provisions hereof shall be
conducted by the county election board or boards of each county or
counties involved, upon receipt of an election proclamation, issued
by a majority of the board or boards of county commissioners in the
area affected. In the event more than one county is involved, said
proclamation must be a joint proclamation from a majority of the
board of county commissioners of each county involved. Said
proclamation shall be published in one issue of a newspaper of
general circulation in each county involved in the area affected at
least ten (10) days prior to said election, and said proclamation
shall set forth the purpose of the election, and the date thereof.
The county election board or boards shall certify the results of an
election to the board or boards issuing such proclamation.
(o) The board of any district shall have capacity to sue and be
sued. Provided, however, the board shall enjoy immunity from civil
suit for actions or omissions arising from the operation of the
district, so long as, and to the same extent as, municipalities and
counties within the state enjoy such immunity.
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(p) In lieu of proceeding to establish a district as outlined
hereinabove through the county commissioners, the governing body of
any incorporated city or town may proceed to form a district, join an
existing district or join with other incorporated cities or towns in
forming a district. In such case, said governing body shall be
considered as being substituted as to the powers and duties of said
county commissioners as set forth hereinabove; provided, further,
said city or town shall be considered as being substituted as to the
powers and duties of a district formed, as set forth hereinabove.
All rights, duties, privileges and obligations of the residents and
voters in such city or town shall be the same as those outlined for
the district as set forth above.
Added by State Question No. 552, Legislative Referendum No. 217,
adopted at election held on Aug. 24, 1976. Amended by State Question
No. 678, Legislative Referendum No. 308, adopted at election held on
Nov. 3, 1998.
SECTION X-9D. Solid waste management services.
A. The board of county commissioners of any county may call a
special election to determine whether or not the board shall provide
solid waste management services for the county. An election shall
also be called by the board upon petition signed by not less than ten
percent (10%) of the registered voters of the county. All registered
voters in such county shall be entitled to vote, as to whether or not
such services shall be provided, and at the same time and in the same
question authorize a tax levy of not to exceed three (3) mills for
the purpose of providing funds for the purpose of support,
organization, operation and maintenance of such services. If the
provision of the services and the mill levy is approved by a majority
of the votes cast, a special annual recurring ad valorem tax levy of
not more than three (3) mills on the dollar of the assessed valuation
of all taxable property in the county shall be levied. The number of
mills shall be set forth in the election proclamation, and may be
increased in a later election, not to exceed a total levy of three
(3) mills. This special levy shall be in addition to all other
levies and when authorized shall be made each fiscal year thereafter.
B. Upon passage of the question, the board of county
commissioners shall provide solid waste management services for
county residents and businesses. The board may provide for one or
more disposal facilities and for solid waste collection services. The
board may purchase landfill sites, construct and operate landfills
and transfer stations and other solid waste disposal and handling
facilities. The board shall provide a solid waste disposal and
collection system for the county, using the funds available from the
millage levy and any service charges the board may assess. The board
may purchase, operate, and maintain vehicles for curbside or roadside
solid waste collection. In rural areas where curbside collection
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services may not be economically feasible, the board may construct
and operate transfer stations for areawide collection and transfer of
solid waste to ultimate disposal sites.
C. The board of county commissioners of a county in which the
question has passed shall have the power and duty to promulgate and
adopt such rules, procedures and contract provisions necessary to
implement the purposes and objectives of this section. The board of
county commissioners shall have the additional powers to hire a
manager and appropriate personnel, contract, organize, maintain or
otherwise operate the solid waste management services within said
county and such additional powers as may be authorized by the
Legislature.
D. Two or more counties in which the question has passed may
enter into agreements with each other to provide solid waste
management services in all counties involved in the most economical
fashion, including agreements to provide collection and disposal
services for each other where areas in one county may be more
economically served by facilities located in another county.
E. In addition to other powers provided for pursuant to the
provisions of this section, the board of county commissioners of any
county in which the question has passed may issue bonds, if approved
by a majority vote at a special election for such purpose. All
registered voters within the county shall have the right to vote in
said election. Such bonds may be issued for the purpose of:
1. acquiring vehicles, equipment and other necessary items;
2. purchasing landfill sites;
3. constructing landfills, transfer stations, or other
facilities for solid waste management, disposal, and recycling; and
4. operating and maintaining all of the above listed items.
Landfill sites, equipment and other items, no longer needed,
shall be disposed of as provided for by law for the sale of county-
owned property.
F. The bonds authorized, pursuant to the provisions of
subsection E of this section shall not bear interest at a greater
rate than that authorized by statute for the issuance of city
municipal bonds. Such bonds shall be sold only at public sale after
twenty (20) days' advertisement in a newspaper of general circulation
in the county. Any county may refund its bonds as is now provided by
law for refunding municipal bonds.
G. Any board of county commissioners, upon issuing bonds as
authorized in subsection E of this section, shall levy a special
annual ad valorem tax upon the property within the county, payable
annually, in a total amount not to exceed three (3) mills on the
dollar, on the real and personal taxable property in such county, for
the payment of principal and interest on outstanding bonds, until
same are paid. However, the board may suspend, from time to time,
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the collection of such annual levy when not required for the payment
of the bonds.
H. There may also be pledged to the payment of principal and
interest of the bonds authorized to be issued:
1. any net proceeds from operation of the county solid waste
management services that the board of county commissioners shall deem
not necessary to the future operation, maintenance or closure of said
solid waste management services and facilities; or
2. any monies available from other funds of the county not
otherwise obligated.
I. Bonds shall be issued for designated sums with interest
payable semiannually and with the principal maturing annually
beginning not more than three (3) years from date of issue. All
bonds and interest thereon shall be paid upon maturity and no bonds
shall be issued for a period longer than thirty (30) years. Any
board of county commissioners may in its discretion schedule the
payment of principal over the period of maturity of the bond issue,
so that when interest is added there will be approximately level
annual payments of principal and interest.
J. In the event the mill levy as provided for in the original
election proclamation is less than three (3) mills, the board of
county commissioners may call a subsequent election to consider
increasing the mill levy; provided, however, the total levy
authorized by subsection A of this section shall not exceed three (3)
mills.
K. The board of county commissioners shall have jurisdiction
over the sale or refunding of any bonds issued by the county pursuant
to the provisions hereof, and shall be responsible for the economical
expenditure of the funds derived from the bonds.
L. The board of county commissioners shall be empowered to
charge fees for services, and accept gifts, funds or grants from
sources other than the mill levy, which shall be used and accounted
for in a like manner. Persons served outside the county shall be
charged an amount equal to the actual costs for providing the
service, not taking into account any income the county receives from
millage or sources within the county. The board shall have legal
authority to bring such suits necessary to collect accounts owed and
to sue and defend as necessary for the protection of the board. The
State Auditor and Inspector shall conduct an annual audit of the
solid waste management operations of such counties.
M. Any county may cease providing solid waste management
services, or cause the millage levy authorized by subsection G of
this section to be changed, by a majority vote of the registered
voters voting at an election called for that purpose by the board of
county commissioners. Such an election shall not be called unless
either two-thirds (2/3) of the board members vote to call such an
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election, or the board is presented a petition signed by not less
than twenty percent (20%) of all registered voters in the county.
N. If a county ceases to provide solid waste management
services, any mill levy used to support, organize, operate and
maintain the services and facilities shall cease, provided that such
mill levy shall not cease until all outstanding solid waste
management services bonds of that county are retired, all other debts
incurred by the county in providing solid waste management services
have been satisfied, and all facilities have been properly closed as
provided for by law.
O. All elections called pursuant to the provisions of this
section shall be conducted by the county election board of each
county involved, upon receipt of an election proclamation, issued by
the board of county commissioners in the county affected. Said
proclamation shall be published in one issue of a newspaper of
general circulation in the county at least ten (10) days prior to
said election. The proclamation shall set forth the purpose of the
election, and the date thereof. The county election board shall
certify the results of the election to the board issuing the
proclamation.
Added by State Question No. 596, Legislative Referendum No. 259,
adopted at election held on Aug. 26, 1986. Addition proposed by Laws
1986, p. 1573, H.J.R. No. 1048.
SECTION X-10. Increased rate for public buildings or for building
fund for school districts – Permanent levy.
A. For the purpose of erecting public buildings in counties or
cities, or for the purpose of raising money for a building fund for a
school district which may be used for erecting, remodeling or
repairing school buildings, and for purchasing furniture, the rates
of taxation herein limited may be increased, when the rate of such
increase and the purpose for which it is intended shall have been
submitted to a vote of the people, and a majority of the qualified
voters of such county, city, or school district, voting at such
election, shall vote therefor: Provided, that such increase shall
not exceed five (5) mills on the dollar of the assessed value of the
taxable property in such county, city, or school district.
B. A school district may upon approval by a majority of the
electors of the district voting on the question make the ad valorem
levy for a building fund under subsection A of this section
permanent. If the question is approved, the levy in the amount
approved as required by this section, shall be made each fiscal year
thereafter until such time as a majority of the electors of the
district voting on the question rescind the making of the levy
permanent. An election on such question shall be held at such time
as a petition is signed by ten percent (10%) of the school district
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electors or a recommendation by the board of education of the school
district is made asking that the levies be made each fiscal year.
Amended by State Question No. 368, Legislative Referendum No. 109,
adopted at special election held on April 5, 1955; State Question No.
690, Legislative Referendum No. 318, adopted at general election held
on Nov. 7, 2000.
SECTION X-10A. Tax levy for cooperative county libraries and joint
city-county libraries.
To provide funds for the purpose of establishing and maintaining
or aiding in establishing and maintaining public libraries and
library services, a special annual recurring ad valorem tax shall be
levied when such levy is approved by a majority vote of the qualified
electors of the county voting on the question at an election called
for that purpose by the Board of County Commissioners, either upon
its own initiative or upon petition initiated by not less than ten
percent (10%) of the qualified electors of the county based on the
total number of votes cast at the last general election for the
county office receiving the highest number of votes at such an
election.
Except as provided in this section, in a county having less than
one hundred fifty thousand (150,000) population, according to the
most recent Federal Decennial Census, the special annual recurring ad
valorem tax levy shall be not less than one (1) mill nor more than
four (4) mills on the dollar of the assessed valuation of all taxable
property in the county. In a county having more than one hundred
fifty thousand (150,000) population or in a multicounty library
system with a county having more than one hundred fifty thousand
(150,000) population, according to the most recent Federal Decennial
Census, the special annual recurring ad valorem tax levy for each
such county shall be not less than one (1) mill nor more than six (6)
mills on the dollar of the assessed valuation of all taxable property
in the county.
This special levy shall be in addition to all other levies and
when authorized shall be made each fiscal year thereafter until such
authority shall be cancelled by a majority vote of the qualified
electors of the county voting on the question at an election called
for that purpose by the Board of County Commissioners upon petition
initiated by not less than twenty percent (20%) of the qualified
electors of the county based on the total number of votes cast at the
last general election for the county office receiving the highest
number of votes at such an election.
The proceeds of such levy shall be used by the county for
creation, development, operation and maintenance of such public
libraries and library services as are authorized by the Legislature.
Nothing herein shall prohibit other levies for public libraries and
library services or the use of other public funds for such purposes.
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All expenditures of the proceeds of such levies shall be made in
accordance with laws heretofore or hereafter enacted concerning such
libraries and library services. The provisions hereof shall be self-
executing.
Added by State Question No. 392, Legislative Referendum No. 127,
adopted at election held on July 26, 1960. Amended by State Question
No. 507, Legislative Referendum No. 207, adopted at election held on
Nov. 2, 1976; State Question No. 666, Legislative Referendum No. 300,
adopted at election held on Nov. 8, 1994.
SECTION X-10B. Municipal-owned hospitals - Operation and maintenance
- Tax levy.
For the purpose of operating and maintaining municipal-owned
hospitals in cities, the rates of taxation herein limited may be
increased, when the rate of such increase and the purpose of which it
is intended shall have been submitted to a vote of the people, and a
majority of the qualified voters of such city, voting at such
election, shall vote therefor: Provided, that such increase shall
not exceed five (5) mills on the dollar of the assessed value of the
taxable property in such city.
Added by State Question No. 604, Legislative Referendum No. 264,
adopted at election held on March 8, 1988.
SECTION X-11. Officer receiving interest, profit or perquisities.
The receiving, directly or indirectly, by any officer of the
State, or of any county, city, or town, or member or officer of the
Legislature, of any interest, profit, or perquisites, arising from
the use or loan of public funds in his hands, or moneys to be raised
through his agency for State, city, town, district, or county
purposes shall be deemed a felony. Said offense shall be punished as
may be prescribed by law, a part of which punishment shall be
disqualification to hold office.
SECTION X-12. Special forms of taxation - Amounts - Reference to
Federal taxation.
The Legislature shall have power to provide for the levy and
collection of license, franchise, gross revenue, excise, income,
collateral and direct inheritance, legacy, and succession taxes; also
graduated income taxes, graduated collateral and direct inheritance
taxes, graduated legacy and succession taxes; also stamp,
registration, production or other specific taxes.
In the exercise of the powers provided for in this section, and
notwithstanding any other provision of this Constitution, the
Legislature may, with or without exceptions, modifications, or
adjustments, define the amount on, in respect to, or by which any
such tax or taxes are imposed or measured (a) by reference to any
provisions of the laws (including administrative regulations,
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determinations, and interpretations) of the United States, as such
laws may be or become effective at any time or from time to time; (b)
by reference to any amount or amounts finally ascertained in
determining amounts subject to taxation by the United States; or (c)
by reference to any amount or amounts of tax finally ascertained to
be payable to the United States.
Amended by State Question No. 444, Legislative Referendum No. 160,
adopted at election held on Aug. 27, 1968. Amendment proposed by
Laws 1967, p. 689, S.J.R. No. 30.
SECTION X-12a. Common school taxes on property of public service
corporations.
All taxes collected for the maintenance of the common schools of
this State, and which are levied upon the property of any railroad
company, pipe line company, telegraph company, or upon the property
of any public service corporation which operates in more than one
county in this State, shall be paid into the Common School Fund and
distributed as are other Common School Funds of this State.
Added by State Question No. 57, Referendum Petition No. 20, Adopted
August 5, 1913.
SECTION X-13. Independence of state taxation.
The State may select its subjects of taxation, and levy and
collect its revenues independent of the counties, cities, or other
municipal subdivisions.
SECTION X-14. Levy and collection by general laws and for public
purposes - Assumption of debts.
A. Except as otherwise provided by this section, taxes shall be
levied and collected by general laws, and for public purposes only,
except that taxes may be levied when necessary to carry into effect
Section thirty-one of the Bill of Rights. Except as required by the
Enabling Act, the State shall not assume the debt of any county,
municipal corporation, or political subdivision of the State, unless
such debt shall have been contracted to defend itself in time of war,
to repel invasion, or to suppress insurrection.
B. Subject to requirements imposed by law, use of public
facilities of institutions within The Oklahoma State System of Higher
Education shall be authorized by this section if the use is made in
connection with a project involving the research or development of a
technology, whether or not the technology is protected pursuant to
federal or state law governing intellectual property, the results of
which have potential economic value for a business enterprise or
private business entity involved in the project with the institution.
Amended by State Question No. 680, Legislative Referendum No. 310,
adopted at election held on Nov. 3, 1998.
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SECTION X-15. Pledge or loan of credit - Donation - Exceptions.
A. Except as provided by this section, the credit of the State
shall not be given, pledged, or loaned to any individual, company,
corporation, or association, municipality, or political subdivision
of the State, nor shall the State become an owner or stockholder in,
nor make donation by gift, subscription to stock, by tax, or
otherwise, to any company, association, or corporation.
B. Pursuant to authority of and subject to requirements of law
and according to professional norms established nationally in similar
activities, the Oklahoma Center for the Advancement of Science and
Technology or its successor may be authorized to use public funds not
exceeding one percent (1%) of total state appropriations for the
current fiscal year to promote economic development through grants or
loans to individuals, companies, corporations or associations.
Pursuant to authority of and subject to requirements of law and
according to professional norms established nationally in similar
activities, the Oklahoma Center for the Advancement of Science and
Technology or its successor may be authorized to use public funds in
order to promote economic development by purchase or ownership of
stock or to make other investments in private enterprises and to
receive income from such investments which are involved with research
or patents from projects involving Oklahoma colleges or universities.
The Oklahoma Center for the Advancement of Science and Technology or
its successor may only use public funds for the purposes authorized
in this subsection if a statute specifically authorizing such use is
approved by an affirmative vote of at least two-thirds (2/3) of the
members elected to the Senate and to the House of Representatives
upon final passage of such measure in each of the respective houses
and with the approval of the Governor.
C. The Legislature shall only authorize use of public funds by
the Oklahoma Center for the Advancement of Science and Technology or
its successor as permitted by this section for promotion of economic
development by creation of new employment, enhancement of existing
employment or by the addition of economic value to goods, services or
resources within the State authorized by subsection B herein.
D. The Legislature shall establish procedures to review and
evaluate the extent to which the purposes of any statute authorizing
use of public funds by the Oklahoma Center for the Advancement of
Science and Technology are achieved.
E. Bonds issued by the board of education of any school district
or public institutions of higher education may be guaranteed by the
corpus of the permanent school fund, provided:
1. As to bonds issued by the board of education such bonds must
be approved by election of the school district upon the question of
issuing such bonds;
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2. As to bonds issued by an institution within The Oklahoma
State System of Higher Education such bonds are issued in accordance
with all applicable provisions of law; and
3. Provisions shall be made by the Legislature to guarantee
prompt reimbursement to the corpus of the permanent school fund for
any payment from the fund on behalf of a school district or on behalf
of an institution within The Oklahoma State System of Higher
Education. The reimbursement shall include a reasonable rate of
interest. The provisions of this paragraph regarding use of the
permanent school fund for guarantee of bonds issued by an institution
within The Oklahoma State System of Higher Education shall not be
self-executing and the Legislature shall provide by law the procedure
pursuant to which such obligations may be guaranteed and the
procedures for repayments, if any, required to be made to the
permanent school fund.
F. Subject to requirements imposed by law, the governing boards
of institutions within The Oklahoma State System of Higher Education
and employees of those institutions may have an ownership interest in
a technology, whether or not the technology is protected pursuant to
federal or state law governing intellectual property, and may have an
ownership interest in a business enterprise or private business
entity, if the ownership interest is acquired as a result of research
or development of a technology involving the authorized use of
facilities, equipment, or services of such institutions.
Amended by State Question No. 611, Legislative Referendum No. 268,
adopted at election held on Sept. 20, 1988; State Question No. 665,
Legislative Referendum No. 299, adopted at election held on Nov. 8,
1994; State Question No. 681, Legislative Referendum No. 311, adopted
at election held on Nov. 3, 1998.
SECTION X-16. Borrowing money - Specification of purpose - Use.
All laws authorizing the borrowing of money by and on behalf of
the State, county, or other political subdivision of the State, shall
specify the purpose for which the money is to be used, and the money
so borrowed shall be used for no other purpose.
SECTION X-17. Aid to corporations, etc., by counties, cities, towns,
etc.
The Legislature shall not authorize any county or subdivision
thereof, city, town, or incorporated district, to become a
stockholder in any company, association, or corporation, or to obtain
or appropriate money for, or levy any tax for, or to loan its credit
to any corporation, association, or individual.
SECTION X-18. Repealed by State Question No. 590, Legislative
Referendum No. 254, adopted at election held Nov. 4, 1986.
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SECTION X-19. Specification of purpose of tax - Devotion to another
purpose.
Every act enacted by the Legislature, and every ordinance and
resolution passed by any county, city, town, or municipal board or
local legislative body, levying a tax shall specify distinctly the
purpose for which said tax is levied, and no tax levied and collected
for one purpose shall ever be devoted to another purpose.
SECTION X-20. Taxes for county, city, town or municipal purposes.
The Legislature shall not impose taxes for the purpose of any
county, city, town, or other municipal corporation, but may, by
general laws, confer on the proper authorities thereof, respectively,
the power to assess and collect such taxes.
SECTION X-21. State Board of Equalization - Assessment levels.
A. There shall be a State Board of Equalization consisting of
the Governor, State Auditor, State Treasurer, Lieutenant Governor,
Attorney General, State Inspector and Examiner and President of the
Board of Agriculture. The duty of said Board shall be to adjust and
equalize the valuation of real and personal property of the several
counties in the state, and it shall perform such other duties as may
be prescribed by law, and they shall assess all railroad and public
service corporation property.
B. Should the Offices of State Examiner and Inspector and State
Auditor be consolidated in the Office of State Auditor and Inspector,
the State Auditor shall be replaced as a member of the State Board of
Equalization by the State Auditor and Inspector and the
Superintendent of Public Instruction shall be added as a member
thereof. Should the offices not be so consolidated, the membership
shall remain the same as provided in subsection A of this section and
the Superintendent of Public Instruction shall not be added to the
membership.
Amended by State Question No. 508, Legislative Referendum No. 208,
adopted at election held on July 22, 1975, eff. Jan. 8, 1979.
SECTION X-22. Classification of property.
Nothing in this Constitution shall be held, or construed, to
prevent the classification of property for purposes of taxation; and
the valuation of different classes by different means or methods.
SECTION X-22A. Ad valorem tax exemption – Prohibition on filing for
years prior to original application.
No person, firm, corporation or other legal entity shall be
allowed to file for any ad valorem tax exemption provided for in
Article X of the Oklahoma Constitution, for any year or years prior
to the person, firm, corporation or legal entity filing their
original application for said exemption with the county assessor.
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Eligibility for the applicable exemption shall be established as
required by law. The Legislature may pass any additional laws that
may be required to implement the provisions of this section.
Added by State Question No. 741, Legislative Referendum No. 344,
adopted at election held on Nov. 4, 2008. Addition proposed by Laws
2008, c. 33, § 1.
SECTION X-23. Balanced budget - Procedures.
The state shall never create or authorize the creation of any
debt or obligation, or fund or pay any deficit, against the state, or
any department, institution or agency thereof, regardless of its form
or the source of money from which it is to be paid, except as may be
provided in this section and in Sections 24 and 25 of Article X of
the Constitution of the State of Oklahoma.
To ensure a balanced annual budget, pursuant to the limitations
contained in the foregoing, procedures are herewith established as
follows:
1. Not more than forty-five (45) days or less than thirty-five
(35) days prior to the convening of each regular session of the
Legislature, the State Board of Equalization shall certify the total
amount of revenue which accrued during the last preceding fiscal year
to the General Revenue Fund and to each Special Revenue Fund
appropriated directly by the Legislature, and shall further certify
amounts available for appropriation which shall be based on a
determination, in accordance with the procedure hereinafter provided,
of the revenues to be received by the state under the laws in effect
at the time such determination is made, for the next ensuing fiscal
year, showing separately the revenues to accrue to the credit of each
such fund of the state appropriated directly by the Legislature.
Amounts certified as available for appropriation from each fund,
as hereinbefore provided, shall be ninety-five percent (95%) of an
itemized estimate made by the State Board of Equalization, which
shall include all sources of revenue to each fund for the next
ensuing fiscal year; provided, however, appropriated federal funds
shall be certified for the full amount of the estimate. Said
estimate shall consider any increase or decline in revenues that
would result from predictable changes in the economy.
Legislative appropriations for any fiscal year, except for
special appropriations provided for in paragraph 6, 7 or 8 shall be
limited to a sum not to exceed the total amount appropriated from all
funds in the preceding fiscal year, plus twelve percent (12%),
adjusted for inflation for the previous calendar year. Said limit
shall be adjusted for funds not previously appropriated. The limit
on the growth of appropriations shall be certified to by the State
Board of Equalization.
2. Such certification shall be filed with the Governor, the
President and President Pro Tempore of the Senate, and the Speaker of
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the House of Representatives. The Legislature shall not pass or
enact any bill, act or measure making an appropriation of money for
any purpose until such certification is made and filed, unless the
State Board of Equalization has failed to file said certification at
the time of convening of said Legislature. In such event, it shall
be the duty of the Legislature to make such certification pursuant to
the provisions of this section. All appropriations made in excess of
such certification shall be null and void; provided, however, that
the Legislature may at any regular session or special session, called
for that purpose, enact laws to provide for additional revenues or a
reduction in revenues, other than ad valorem taxes, or transferring
the existing revenues or unappropriated cash on hand from one fund to
another, or making provisions for appropriating funds not previously
appropriated directly by the Legislature. Whereupon, it shall be the
duty of the State Board of Equalization to make a determination of
the revenues that will accrue under such laws and ninety-five percent
(95%) of the amount of any increase or decrease resulting, for any
reason, from such changes in laws shall be added to or deducted from
the amount previously certified available for appropriation from each
respective fund, as the case may be. The State Board of Equalization
shall file the amount of such adjusted certification, or additional
certification for funds not previously appropriated directly by the
Legislature, with the Governor, with the President and President Pro
Tempore of the Senate, and the Speaker of the House of
Representatives, and such adjusted amount shall be the maximum amount
which can be appropriated for all purposes from any such fund for the
fiscal year being certified.
3. The State Board of Equalization shall meet within five (5)
days after the monthly apportionment in February of each year, and at
that time may adjust the certification, based upon the most current
information available, and determine the amount of funds available
for appropriation for that legislative session. At said meeting the
Board shall determine the limit on the growth of appropriations as
provided for in this section.
4. Surplus funds or monies shall be any amount accruing to the
General Revenue Fund of the State of Oklahoma over and above the
itemized estimate made by the State Board of Equalization.
5. All such surplus funds or monies shall be placed in a
Constitutional Reserve Fund by the State Treasurer until such time
that the amount of said Fund equals fifteen percent (15%) of the
General Revenue Fund certification for the preceding fiscal year.
Appropriations made from said Fund shall be considered special
appropriations.
6. a. Up to three-eighths (3/8) of the balance at the
beginning of the current fiscal year in the
Constitutional Reserve Fund may be appropriated for the
forthcoming fiscal year, when the certification by the
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State Board of Equalization for said forthcoming fiscal
year General Revenue Fund is less than that of the
current fiscal year certification. In no event shall
the amount of monies appropriated from the
Constitutional Reserve Fund be in excess of the
difference between the two said certifications.
b. (1) In years when the provisions of subparagraph a of
this paragraph are not applicable and the balance
at the beginning of the current fiscal year in the
Constitutional Reserve Fund is equal to or greater
than Eighty Million Dollars ($80,000,000.00), up
to Ten Million Dollars ($10,000,000.00) may be
expended for the purpose of providing incentives
to support retention of at-risk manufacturing
establishments in this state in order to retain
employment for residents of this state. Such
incentives shall be paid by the Oklahoma Tax
Commission upon a unanimous finding by the
Governor, the Speaker of the House of
Representatives and the President Pro Tempore of
the Senate that:
(a) such incentives have been recommended by an
independent committee created by the
Legislature for such purposes as provided
herein pursuant to criteria set out by law,
(b) the incentive will result in a substantial
benefit to this state, and
(c) payment of the incentive would be in
accordance with the provisions of this
subparagraph and laws enacted to implement
provisions of this subparagraph.
(2) The independent committee will be composed of not
less than seven (7) people appointed or otherwise
determined pursuant to laws enacted by the
Legislature providing for membership on the
committee. The committee shall make
recommendations to the Governor, the Speaker of
the House of Representatives and the President Pro
Tempore of the Senate for the awarding of
incentives. Such recommendations shall give
priority to establishments which:
(a) are at greater risk of losing jobs because
the plant is no longer competitive or leaving
the state and thereby causing the loss of
more employment in this state than other
eligible recipients, and
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(b) provide the largest economic impact to the
state.
(3) For any fiscal year, the incentives shall not
exceed ten percent (10%) of the amount invested by
an establishment in capital assets to be utilized
in this state. Incentives may only be paid
pursuant to an investment contract between the
establishment and a state agency designated by
law, which provides for a specified amount of
investment in a capital asset to be made by the
establishment over a period of not to exceed five
(5) years. No incentive payment shall be made
prior to the actual investment by the
establishment. The contract shall make payment of
any incentives in any fiscal year contingent on
the balance at the beginning of such fiscal year
in the Constitutional Reserve Fund being equal to
or greater than Eighty Million Dollars
($80,000,000.00) and on the certification by the
State Board of Equalization for such fiscal year
of the amount available for appropriation from the
General Revenue Fund being greater than the amount
certified for the preceding fiscal year.
Investment contracts authorized by this
subparagraph shall provide that if any incentive
payment is payable during a fiscal year in which
either the balance at the beginning of the fiscal
year in the Constitutional Reserve Fund is not
equal to or greater than Eighty Million Dollars
($80,000,000.00) or when the certification by the
State Board of Equalization for such fiscal year
General Revenue Fund is less than that of the
immediately prior fiscal year certification, then
any incentive payments which would have been
payable during such fiscal year shall be payable
in the first fiscal year when funds are available
pursuant to the provisions of division (1) of this
subparagraph. In the event that the amount of
incentives payable under investment contracts
authorized by this subparagraph is greater than
the amounts available for payment under this
subparagraph in a fiscal year, then no new
contracts may be authorized during such year and
incentive payments which are made shall be reduced
pro rata as necessary to apply all available funds
to incentive payments which are payable in such
year.
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(4) The Legislature is authorized to enact laws
necessary to implement the provisions of this
section.
7. Up to three-eighths (3/8) of the balance at the beginning of
the current fiscal year in the Constitutional Reserve Fund may be
appropriated for the current fiscal year if the State Board of
Equalization determines that a revenue failure has occurred with
respect to the General Revenue Fund of the State Treasury. In no
event shall the amount of monies appropriated from the Constitutional
Reserve Fund pursuant to this paragraph be in excess of the amount of
the projected revenue failure in the General Revenue Fund, which
total amount shall be computed by the State Board of Equalization,
for the entire fiscal year. Monies appropriated to any state
governmental entity from the Constitutional Reserve Fund pursuant to
this paragraph may only be made in order to ensure that the monies
actually received by the entity for the then current fiscal year are
equal to or less than, but not in excess of, the total appropriation
amount for such entity in effect at the beginning of the then current
fiscal year.
8. Up to one-quarter (1/4) of the balance at the beginning of
the current fiscal year in the Constitutional Reserve Fund may be
appropriated, upon a declaration by the Governor that emergency
conditions exist, with concurrence of the Legislature by a two-thirds
(2/3) vote of the House of Representatives and Senate for the
appropriation; or said one-quarter (1/4) could be appropriated upon a
joint declaration of emergency conditions by the Speaker of the House
of Representatives and the President Pro Tempore of the Senate, with
a concurrence of a three-fourths (3/4) vote of the House of
Representatives and Senate.
9. That portion of every appropriation, at the end of each
fiscal year, in excess of actual revenues collected and allocated
thereto, as hereinafter provided, shall be null and void. Revenues
deposited in the State Treasury to the credit of the General Revenue
Fund or of any special fund (which derives its revenue in whole or in
part from state taxes or fees) shall, except as to principal and
interest on the public debt, be allocated monthly to each department,
institution, board, commission or special appropriation on a
percentage basis, in that ratio that the total appropriation for such
department, institution, board, commission or special appropriation
from each fund for that fiscal year bears to the total of all
appropriations from each fund for that fiscal year, and no warrant
shall be issued in excess of said allocation. Any department,
institution or agency of the state operating on revenues derived from
any law or laws which allocate the revenues thereof to such
department, institution or agency shall not incur obligations in
excess of the unencumbered balance of cash on hand. Nothing in this
section shall prevent, under such conditions and limitations as shall
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be prescribed by law, the governing board of an institution of higher
education within The Oklahoma State System of Higher Education from
contracting with a president of such institution of higher education
for periods extending more than one (1) year, but not to exceed three
(3) years beyond the fiscal year in which the contract is signed.
10. The Legislature shall provide a method whereby
appropriations shall be divided and set up on a monthly, quarterly or
semiannual basis within each fiscal year to prevent obligations being
incurred in excess of the revenue to be collected, and
notwithstanding other provisions of this Constitution, the
Legislature shall provide that all appropriations shall be reduced to
bring them within revenues actually collected, but all such
reductions shall apply to each department, institution, board,
commission or special appropriation made by the State Legislature in
the ratio that its total appropriation for that fiscal year bears to
the total of all appropriations from that fund for that fiscal year;
provided, however, that the Governor shall have discretion to issue
deficiency certificates to the State Treasurer for the benefit of any
department, institution or agency of the state, if the amount of such
deficiency certificates be within the limit of the current
appropriation for that department, institution or agency, whereupon
the State Treasurer shall issue warrants to the extent of such
certificates for the payment of such claims as may be authorized by
the Governor, and such warrants shall become a part of the public
debt and shall be paid out of any money appropriated by the
Legislature and made lawfully available therefor; provided further,
that in no event shall said deficiency certificates exceed in the
aggregate the sum of Five Hundred Thousand Dollars ($500,000.00) in
any fiscal year.
Amended by State Question No. 298, Referendum Petition No. 80,
adopted at election held on March 11, 1941; State Question No. 453,
Legislative Referendum No. 166, adopted at election held on April 16,
1968; State Question No. 506, Legislative Referendum No. 206, adopted
at election held on July 22, 1975; State Question No. 587,
Legislative Referendum No. 251, adopted at election held on April 30,
1985; State Question No. 686, Legislative Referendum No. 316, adopted
at election held on Nov. 7, 2000; State Question No. 708, Legislative
Referendum No. 333, adopted at election held on Nov. 2, 2004; State
Question No. 725, Legislative Referendum No. 340, adopted at election
held on Nov. 7, 2006; State Question No. 757, Legislative Referendum
No. 357, adopted at election held on Nov. 2, 2010.
SECTION X-23a. Surplus accruing to General Revenue Fund - Payment of
bonded indebtedness -Investments - Appropriation of surplus.
Any surplus which has accrued or may hereafter accrue to the
General Revenue Fund of the State of Oklahoma during any fiscal year
shall be placed monthly in a sinking fund in the State Treasury to be
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used solely for the purpose of paying the principal and interest of
the outstanding and unpaid bonded indebtedness of the State of
Oklahoma. The monies and securities heretofore credited to the
Surplus Accounts of the State Funding Bond Funds of 1935, 1939, and
1941 also shall be placed in said Sinking Fund. The State Treasurer
shall be the custodian of said Sinking Fund and shall apply the
monies and securities placed to the credit of said fund to the
payment of the principal and interest of the state's bonded
indebtedness. The State Treasurer with the approval of the Governor
and Attorney General shall have the authority to invest the monies in
said sinking fund in bonds or securities of the United States of
America, and the State Treasurer with the approval of the Governor
and Attorney General may sell said securities to provide funds to
meet maturing State bonds and coupons. The provisions of this
section shall be self-executing. When the monies credited to said
sinking fund together with the monies set aside to pay said bonded
indebtedness, pursuant to the statutes authorizing the issuance of
said bonds, are sufficient to pay all outstanding bonds and coupons
heretofore issued by the State of Oklahoma, it shall no longer be
necessary to credit surplus funds to the Sinking Fund herein created.
The sufficiency of said monies to fully pay the State's bonded
indebtedness shall be determined by the Governor, State Treasurer,
and Attorney General. After such determination any surplus monies
thereafter to the credit of the State General Revenue Fund shall be
subject to appropriation by the Legislature.
Added by State Question No. 313, Referendum Petition No. 90, adopted
at special election held on July 11, 1944.
SECTION X-23b. Contracts for incarceration of state inmates with
counties and municipalities.
A. The state is hereby authorized to enter into contracts for
the incarceration of state prisoners with counties, municipalities,
or any combination thereof authorized by law. The term of such a
contract shall not exceed fifteen (15) years.
B. Any county, municipality or combination thereof authorized by
law that builds a new jail or provides for capital improvements to an
existing jail to enter into a contract authorized by subsection A of
this section may provide for financing of the project by any means
authorized by the provisions of this Constitution or state law.
Added by State Question No. 682, Legislative Referendum No. 312,
adopted at election held on Nov. 3, 1998.
SECTION X-24. Debts in case of invasion, insurrection, or war.
In addition to the above limited power to contract debts, the
State may contract debts to repel invasion, suppress insurrection or
to defend the State in war; but the money arising from the
contracting of such debts shall be applied to the purpose for which
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it was raised, or to repay such debts, and to no other purpose
whatever.
SECTION X-25. Authorization of debt - Annual tax - Submission to
voters - Final passage.
Except the debts specified in sections twenty-three and twenty-
four of this article, no debts shall be hereafter contracted by or on
behalf of this State, unless such debt shall be authorized by law for
some work or object, to be distinctly specified therein; and such law
shall impose and provide for the collection of a direct annual tax to
pay, and sufficient to pay, the interest on such debt as it falls
due, and also to pay and discharge the principal of such debt within
twenty-five years from the time of the contracting thereof. No such
law shall take effect until it shall, at a general election, have
been submitted to the people and have received a majority of all the
votes cast for and against it at such election. On the final passage
of such bill in either House of the Legislature, the question shall
be taken by yeas and nays, to be duly entered on the journals
thereof, and shall be: "Shall this bill pass, and ought the same to
receive the sanction of the people?"
SECTION X-26. Indebtedness of political subdivisions - Assent of
voters - Limitation of amount - Annual tax - Computation of amount of
indebtedness.
(a) Except as herein otherwise provided, no county, city, town,
township, school district, or other political corporation, or
subdivision of the state, shall be allowed to become indebted, in any
manner, or for any purpose, to an amount exceeding, in any year, the
income and revenue provided for such year without the assent of
three-fifths of the voters thereof, voting at an election, to be held
for that purpose, nor, in cases requiring such assent, shall any
indebtedness be allowed to be incurred to an amount, including
existing indebtedness, in the aggregate exceeding five percent (5%)
of the valuation of the taxable property therein, to be ascertained
from the last assessment for state and county purposes previous to
the incurring of such indebtedness: Provided, that if a school
district has an absolute need therefor, such district may, with the
assent of three-fifths of the voters thereof voting at an election to
be held for that purpose, incur indebtedness to an amount, including
existing indebtedness, in the aggregate exceeding five percent (5%)
but not exceeding ten percent (10%) of the valuation of the taxable
property therein, to be ascertained from the last assessment for
state and county purposes previous to the incurring of such
indebtedness, for the purpose of acquiring or improving school sites,
constructing, repairing, remodeling or equipping buildings, or
acquiring school furniture, fixtures or equipment; and such assent to
such indebtedness shall be deemed to be a sufficient showing of such
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absolute need, unless otherwise provided by law. Provided further,
that if a city or town has an absolute need therefor, such city or
town may, with the assent of three-fifths of the voters thereof
voting at an election to be held for that purpose, incur indebtedness
to an amount, including existing indebtedness, in the aggregate
exceeding five percent (5%) but not exceeding ten percent (10%) of
the valuation of the taxable property therein, to be ascertained from
the last assessment for state and county purposes previous to the
incurring of such indebtedness, and such assent to such indebtedness
shall be deemed to be a sufficient showing of such absolute need
unless otherwise provided by law. Provided, further, that any
county, city, town, school district, or other political corporation,
or subdivision of the state, incurring any indebtedness requiring the
assent of the voters as aforesaid, shall, before or at the time of
doing so, provide for the collection of an annual tax sufficient to
pay the interest on such indebtedness as it falls due, and also to
constitute a sinking fund for the payment of the principal thereof
within twenty-five (25) years from the time of contracting the same,
and provided further that nothing in this section shall prevent,
under such conditions and limitations as shall be prescribed by law,
any school district from contracting with:
(1) certificated personnel for periods extending one (1) year
beyond the current fiscal year; or
(2) a school superintendent for periods extending more than one
(1) year, but not to exceed three (3) years beyond the current fiscal
year.
(b) If a county approves an exemption of household goods of the
heads of families and livestock employed in support of the family
from ad valorem taxation pursuant to the provisions of subsection (b)
of Section 6 of this article, the percentage limitations on
indebtedness as specified in subsection (a) of this section for
political subdivisions or political corporations located in any such
county shall be adjusted by multiplying the percentage levels
specified in subsection (a) of this section by the millage adjustment
factor as specified in subsection (b) of Section 8A of this article.
(c) If approved by the people, the amendment to this section
shall become effective January 1, 1993.
Amended by State Question No. 368, Referendum Petition No. 109,
adopted at election held on April 5, 1955; State Question No. 489,
Referendum Petition No. 195, adopted at election held on Aug. 22,
1972; State Question No. 648, Legislative Referendum No. 292, adopted
at election held on Nov. 3, 1992; State Question No. 671, Legislative
Referendum No. 303, adopted at election held on Nov. 5, 1996.
SECTION X-27. Indebtedness for purchase, construction or repair of
public utilities.
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Any incorporated city or town in this state may, by a majority of
the voters of such city or town, voting at an election to be held for
that purpose, be allowed to become indebted in a larger amount than
that specified in Section 26, for the purpose of purchasing or
constructing public utilities, or for repairing the same, to be owned
exclusively by such city or town, or for the purpose of constructing,
reconstructing, improving or repairing streets or bridges. Provided,
that any such city or town incurring any such indebtedness requiring
the assent of the voters as aforesaid, shall have the power to
provide for, and, before or at the time of incurring such
indebtedness, shall provide for the collection of an annual tax in
addition to the other taxes provided for by this Constitution,
sufficient to pay the interest on such indebtedness as it falls due,
and also to constitute a sinking fund for the payment of the
principal thereof within twenty-five years from the time of
contracting the same.
Amended by State Question No. 616, Legislative Referendum No. 273,
adopted at election held on Aug. 23, 1988. Amendment proposed by
Laws 1988, p. 1876, S.J.R. No. 30, § 1.
SECTION X-27A. Municipal water and water facilities - Financing.
Any incorporated city or town in Oklahoma may individually or
jointly, after approval of the proposition by a majority of the
qualified electors voting in an election in each of said cities and
towns, contract and pledge revenues for a term of years with other
cities or towns, the State of Oklahoma, the United States of America,
or any other governmental subdivision or agency of any of them, for
the purpose of purchasing water, constructing, acquiring, or
operating water facilities, or purchasing or leasing reservoir space.
Any one or more incorporated cities and towns in Oklahoma may after
approval of the proposition by a majority of the qualified electors
voting in an election in each of said cities and towns issue bonds
payable over a period not to exceed thirty (30) years and secured by
revenues derived from the sale of water for the joint construction,
acquisition, repair, extension or improvement of said water
facilities; and thereafter enact ordinances giving effect to the
provisions of this section. This section shall be independent and
shall not be limited by or limit other existing provisions of the
Constitution relating to municipal water or the financing thereof,
nor shall it be exclusive as to other agencies of the State of
Oklahoma authorized by law to incur indebtedness, Section 27 of
Article X of the Constitution which pertains to incurring of tax
secured indebtedness by cities and towns for public utilities is
hereby amended to permit joint ownership by cities and towns of water
facilities.
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Added by State Question No. 380, Referendum Petition No. 118, adopted
at election held on July 1, 1958. Addition proposed by Laws 1957, p.
647, H.J.R. No. 518.
SECTION X-27B.. Political subdivisions - Public utilities financing
- Indebtedness.
A. Any incorporated city or town may borrow money or issue
bonds, notes or other evidences of indebtedness, which debt shall be
payable from and secured by revenues over a term of years, for the
purpose of financing the purchase, construction, or improvement of
any public utility or combination of public utilities which shall be
owned exclusively by such city or town in the following manner:
1. The governing body of a city or town shall submit the
question of financing the purchase or construction of a public
utility or combination of public utilities to the qualified voters at
an election if:
a. the public utility or combination of public utilities
has not been voted on by the voters of the city or town
at any time during a ten-year period preceding the date
of the election, or
b. the public utility or combination of public utilities
does not come within the terms of paragraph 3 of this
subsection;
2. If the question of financing the purchase or construction of
a public utility or combination of public utilities has been approved
by a majority vote of the qualified voters voting on the question at
an election, or if improvements to a public utility or combination of
public utilities pursuant to paragraph 3 of this subsection are
authorized, the governing body of a city or town may borrow money or
issue bonds, notes or other evidences of indebtedness, which debt
shall be payable from and secured by revenues over a term of years,
upon an affirmative vote of at least three-fourths (3/4) of all the
members of such governing body;
3. Any additions, extensions, reconstruction, maintenance,
repairs or other improvement to any public utility or combination of
public utilities of a city or town may be financed by the city or
town if the original financing of the purchase or construction of the
public utility was approved by a majority vote of the qualified
voters voting on the question at an election, or if the public
utility or combination of public utilities acquired by the city or
town was financed originally by bonds or other debt of a public trust
of which the city or town is a beneficiary, excluding an industrial
trust. Any such bonds or other debt originally issued by a public
trust of which the city or town is a beneficiary, excluding an
industrial trust, may be refunded by the governing body of the city
or town in the manner provided in paragraph 2 of this subsection.
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B. Nothing in this section shall allow an indebtedness of the
city or town, other than revenues pledged from the utility involved.
C. The revenue indebtedness or contractual obligations of any
city or town incurred pursuant to this section shall be a limited
obligation payable from and secured by a lien and charge on revenues
or funds so pledged for their payment by the governing body of the
city or town, and shall not constitute an indebtedness of the city or
town for the purpose of any constitutional or statutory limitation.
D. This section shall be independent and shall not be limited by
or limit other provisions of the Oklahoma Constitution or statutes
relating to financing public utilities or indebtedness of a city or
town, nor shall it be exclusive as to other agencies of this state
authorized by law to incur indebtedness. As used in this section,
the words "public utility" shall have the same meaning as the words
"public utilities" in Section 27 of Article X of the Constitution.
E. Notwithstanding any provision to the contrary, the provisions
of this section shall not apply to the purchase of any utility
regulated by the Oklahoma Corporation Commission or to the purchase
of any facility or property of any such utility, unless the purchase
is made with the agreement and consent of the utility, including its
agreement and consent as to a specific price to be paid in connection
with the purchase.
Added by State Question No. 626, Legislative Referendum No. 280,
adopted at election held on Aug. 28, 1990.
SECTION X-28. Revenue for sinking fund - Uses to which applied.
Counties, townships, school districts, cities, and towns shall
levy sufficient additional revenue to create a sinking fund to be
used, first, for the payment of interest coupons as they fall due;
second, for the payment of bonds as they fall due; third, for the
payments of such parts of judgments as such municipality may, by law,
be required to pay.
SECTION X-29. Bonds and evidence of indebtedness - Certificates as
to compliance with law.
No bond or evidence of indebtedness of this State shall be valid
unless the same shall have endorsed thereon a certificate, signed by
the Auditor and Attorney General of the State, showing that the bond
or evidence of debt is issued pursuant to law and is within the debt
limit. No bond or evidence of debt of any county, or bond of any
township or any other political subdivision of any county, shall be
valid unless the same have endorsed thereon a certificate signed by
the County Clerk, or other officer authorized by law to sign such
certificate, and the County Attorney of the county, stating that said
bond, or evidence of debt, is issued pursuant to law, and that said
issue is within the debt limit.
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SECTION X-30. System of accounting.
The Legislature shall require all money collected by taxation, or
by fees, fines, and public charges of every kind, to be accounted for
by a system of accounting that shall be uniform for each class of
accounts, State and local, which shall be prescribed and audited by
authority of the State.
SECTION X-31. Indebtedness for construction, equipment, etc., of
state buildings - Use of part of cigarette tax for payment.
The Legislature of the State of Oklahoma is hereby authorized to
enact a law whereby the State may become indebted in an amount not to
exceed Thirty-six Million Dollars ($36,000,000.00) for the purpose of
constructing, equipping, remodeling and repairing any and all
buildings of the State, including those of its educational,
recreational, penal and eleemosynary establishments; and such laws
shall provide that two cents (2¢) of the tax on each package of
cigarettes authorized by 68 O.S. 1941, Par. 586 to 586p, as amended
and supplemented to the effective date of this Section, or so much of
said tax as may be necessary, shall be pledged and used for the sole
purpose of paying the interest on such debt as it falls due, and also
to pay and discharge the principal of such debt within twenty-five
(25) years from the time of the contracting thereof; provided, that
if said tax is not sufficient to so pay and discharge said interest
and principal, the Legislature shall impose and provide for the
collection of an additional tax, other than an ad valorem tax,
sufficient to pay and discharge said interest and principal.
Added by State Question No. 348, Referendum Petition No. 99, adopted
at special election held on Sept. 27, 1949.
SECTION X-32. State public common school building equalization fund.
For the purpose of providing buildings for school districts,
there is hereby established a State Public Common School Building
Equalization Fund in which shall be deposited (1) such monies as may
be designated or provided for such purpose by the Legislature, other
than ad valorem taxes, and (2) the proceeds of all property that
shall fall to the State by escheat and penalties for unlawful holding
of real estate by corporations; provided, that if such disposition
and use of money from any such sources shall be declared invalid, the
validity of other provisions of this section shall not be affected
thereby. The State Public Common School Building Equalization Fund
shall be administered by the State Board of Education, until
otherwise provided by the Legislature. Such Fund shall be used to
aid school districts in acquiring buildings, under such regulations
as may be prescribed by the administering agency, unless otherwise
provided by law, and the amount paid therefrom to or for any school
district shall be determined by a formula established by the
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Legislature. The administering agency is authorized to accept
grants-in-aid from the federal government for building purposes.
Added by State Question No. 368, Referendum Petition No. 109, adopted
at election held on April 5, 1955. Amended by State Question No.
578, Legislative Referendum No. 245, adopted at election held on Aug
28, 1984.
SECTION X-33. Indebtedness for construction of buildings and other
capital improvements - Restrictions - Term - Sources of payment.
The Legislature of the State of Oklahoma is hereby authorized to
enact a law whereby the State may become indebted in an amount not to
exceed Fifteen Million Dollars ($15,000,000.00) for the purpose of
constructing any buildings and other capital improvements and for
equipping, remodeling, modernizing and repairing any and all existing
buildings and capital improvements at the constituent institutions of
the Oklahoma State System of Higher Education and other State
institutions. No part of any of said monies shall be, directly or
indirectly, allocated to or used by the Oklahoma Educational
Television Authority for any purpose whatsoever. Such law shall
provide for the payment and discharge of the principal of such debt
within twenty-seven (27) years and shall further provide for the
payment and discharge of the principal and interest on such
indebtedness from one or more of the following sources of State
income as follows:
(1) Any remainder available from the two cents (2¢) of the tax on
each package of cigarettes as heretofore provided and defined in
Article X, Section 31 of the Constitution of the State of Oklahoma,
after the annual requirements for principal and interest on the
indebtedness created pursuant to said Section have been fully met,
until such indebtedness created by said Section has been fully paid
and retired, and thereafter, the full amount of said two cents (2¢)
of the cigarette tax so provided, or so much thereof as may be
required, until the indebtedness herein authorized to be created is
fully paid and retired; (2) An additional three cents (3¢) of the tax
now imposed, or which may hereafter be imposed, on each package of
cigarettes containing more than twenty (20) cigarettes, or so much of
said additional three cents (3¢) as may be necessary; (3) Any funds
available in the Public Building Fund of the State, not otherwise
encumbered, or funds available in other funds of the State not
created or realized from ad valorem tax sources; (4) The proceeds of
any tax which the Legislature may impose and collect for the purpose
of paying the principal and interest on the indebtedness herein
authorized to be created, if the funds available for use and pledge
under (1), (2), and (3) above should be insufficient; provided, that
the Legislature shall never impose or collect an ad valorem tax for
the purpose of paying any part of the principal or interest on the
indebtedness herein authorized to be incurred.
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Added by State Question No. 368, Referendum Petition No. 109, adopted
at election held on April 5, 1955.
SECTION X-33A. State Industrial Finance Authority.
The Legislature of the State of Oklahoma is hereby authorized to
enact legislation creating a State Industrial Finance Authority, to
be composed of the State Treasurer (who shall be an ex officio, non-
voting member) and seven members, appointed by the Governor for
overlapping terms, one of whom shall be the Director of the
Department of Economic Development representing the State at large,
and one each from the present six Congressional Districts, at least
five of whom shall have had at least fifteen (15) years experience in
banking, mortgage loans, or financial management, and the remaining
member shall have demonstrated outstanding ability in business or
industry, which Authority shall be, and is hereby, authorized to
issue and sell State Industrial Finance Bonds in such amounts as
shall be needed from time to time for the purposes herein provided,
not to exceed in the aggregate Ninety Million Dollars
($90,000,000.00) outstanding at any one time, said bonds to be
payable in full within thirty (30) years from their date, the
proceeds whereof shall be deposited in the State Treasury in a fund
known as a State Industrial Revolving Loan Fund to be loaned, and
reloaned, by said Authority only to Oklahoma incorporated industrial
development agencies (whether profit or non-profit) in Oklahoma
communities, which agencies shall first have been approved and
qualified by said Authority, such loans to be secured either by first
or second mortgage on the land, buildings and facilities of such
industrial properties, whether existing or to be constructed, held
for sale or lease to approved responsible industrial firms on such
terms as will amortize such loans within a period of twenty-five (25)
years or less, but in no event shall the state's participation exceed
thirty-three and one-third percent (33 1/3%) of the total cost or
value of such industrial properties when such loan is secured by a
second mortgage on such industrial properties and sixty-six and two-
thirds percent (66 2/3%) of the total cost or value of such
industrial properties when such loan is secured by a first mortgage
on such industrial properties. Provided, however that up to one-half
of such monies in said fund may be used by said Authority to purchase
federally guaranteed SBA loans or loans of similar federal programs
for investment purposes. All bonds representing the state
indebtedness herein authorized to be created by the State Industrial
Finance Authority shall be backed by the full faith and credit of the
State of Oklahoma, and there shall be pledged to the payment of
principal and interest of the bonds herein authorized to be issued:
(1) The net proceeds from repayment of loans and interest received
thereon; (2) any moneys available from other funds of the State not
otherwise obligated; and (3) the proceeds of any tax, other than ad
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valorem, which may be imposed for such purpose in the event funds
available for use and pledge under (1) and (2) should be
insufficient. The Legislature shall enact appropriate and needful
legislation pertaining to procedure, terms and necessary covenants
for issuance of the bonds herein authorized and establishing such
safeguards and regulations governing the lending of such funds as in
its wisdom may be necessary to the vitalization of this Section, and
helpful in carrying out the purpose and intent hereof; to aid and
assist with Oklahoma's industrial development. The additional bonds
as authorized herein shall only be sold as needed in increments not
to exceed Ten Million Dollars ($10,000,000.00).
Added by State Question No. 391, Referendum Petition No. 126, adopted
at election held on July 26, 1960. Renumbered from § 34 and amended
by State Question No. 600, Legislative Referendum No. 262, adopted at
election held on Aug. 26, 1986.
SECTION X-34. State Industrial Finance Authority.
The Legislature of the State of Oklahoma is hereby authorized to
enact a law or laws whereby the State may become indebted in an
amount not to exceed Thirty Five Million, Five Hundred Thousand
Dollars ($35,500,000.00) for the purpose of constructing new
buildings and other capital improvements and for equipping,
remodeling, modernizing and repairing any and all existing buildings
and capital improvements at the constituent institutions of the
Oklahoma State System of Higher Education, provided that Five Million
Dollars ($5,000,000.00) shall be used to construct and equip a School
and Hospital for Mentally Retarded Children in Northeastern Oklahoma,
out of said monies such law or laws shall provide for the payment and
discharge of the principal of such debt, together with principal and
interest on such indebtedness, from one or more of the following
sources of State income as follows:
1. Any remainder of revenue available from the revenues lawfully
levied and collected by the State of Oklahoma on the sale of cigarets
not already committed to other obligations of the State of Oklahoma;
2. Allocations by the Legislature of the State of Oklahoma from
any monies in the general revenue fund of the State not otherwise
obligated, committed or appropriated; and
3. The proceeds of any tax which the Legislature may impose and
collect for the purpose of paying the principal and interest on the
indebtedness herein authorized to be created, authority hereby being
granted to the Legislature to so impose and collect such tax, if
necessary.
Such law or laws hereby authorized to be enacted by the
Legislature of the State of Oklahoma may provided for the issuance of
bonds evidencing the indebtedness herein authorized and provide that
such bonds may be issued in one or more series, may bear such date or
dates, may mature at such time or times, may be in such denomination
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or denominations, may be in such form, coupon or registered, may
carry such registration or conversion provisions, may be executed in
such manner, may be payable in such medium or payment at such place
or places, may be subject to such terms of redemption, with or
without premium, and may bear such rate or rates of interest as the
Legislature may deem expedient and may contain any and all provisions
which the Legislature may deem necessary or expedient to make such
bonds marketable as general obligations of the State of Oklahoma with
the full faith and credit of the State pledged thereto. Within the
limit of indebtedness herein authorized the Legislature in its
discretion may authorize the issuance of such bonds and the incurring
of the authorized indebtedness in fractional amounts of the total
indebtedness hereby authorized to be incurred from time to time and
at one or more Sessions of the Legislature.
Added by State Question No. 393, Referendum Petition No. 128, adopted
at election held on July 5, 1960.
SECTION X-35. Municipal and county levy for securing and developing
industry.
(a) Any incorporated town and any county may issue, by and with
the consent of the majority of the registered voters of said
municipality or county voting on the question at an election held for
the purpose, bonds in sums provided by such majority at such election
for economic development or community development purposes, as may be
defined by law, within or near the said municipality or county
holding the election.
(b) Such bonds shall bear interest at a rate as set by law and
shall be sold in a manner prescribed by law.
(c) To provide for the payment of all such bonds outstanding,
principal, and interest as they mature, the municipality or county
may:
(1) levy a special tax, payable annually, in a total amount not
to exceed five (5) mills on the dollar, in addition to the legal rate
permitted, on the real and personal taxable property therein;
provided, however, that in no event shall the real and personal
taxable property in any city or town be subject to a special tax in
excess of five (5) mills for bonds issued hereunder;
(2) levy a special sales tax, payable as may be prescribed by
law, in a total amount not to exceed one cent ($0.01) on the dollar,
in addition to the legal rate permitted, upon the sale of tangible
personal property and services, not otherwise exempted by law;
(3) apportion revenues pursuant to Section 6C of Article X of the
Constitution, in a manner prescribed by law; or
(4) implement any combination of paragraphs (1) through (3) of
this subsection.
Provided, however, that the source or sources of revenue and the
irrevocable pledge thereof shall be set forth in the ballot.
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(d) Such bonds shall be issued under terms prescribed by law.
(e) (1) The governing body of the municipality or the county
commissioners of the county shall exercise jurisdiction over the sale
or exchange of any such bonds voted by the electors at an election
held for that purpose and shall expend economically the funds so
provided.
(2) In the expenditure and use of proceeds from the sale of said
bonds, the said governing body is hereby authorized and directed to
coordinate its industrial development plans and projects insofar as
practicable with similar plans and projects of local industrial
development agencies and the Oklahoma Industrial Finance Authority,
as set forth in Section 34 of Article X of the Constitution, so as to
supplement funds to be derived from these and other sources,
including federal aid available to economically depressed areas, if
any; and to the extent that federal requirements shall require
subordination of liens securing loans from the Oklahoma Industrial
Finance Authority or from other sources, as a condition to the
obtaining of such federal aid, the same is hereby approved and
authorized.
(f) The election on the issuance of such bonds shall be held at
such time as the governing body of the municipality may designate by
ordinance, or as the county commissioners of the county may designate
by order, which ordinance or order shall state the sum total of
issue, the dates of maturities thereof, and shall fix the date of
election so that it shall not occur earlier than thirty (30) days
after the passage of the said ordinance or the granting of said
order. All elections called pursuant to this section shall be
conducted by the appropriate county election board or boards pursuant
to the general election laws of the state. The said election shall
be held and conducted, the vote thereof canvassed, and the result
thereof declared under the law and in the manner now or hereafter
provided for municipal elections when the election is held by a
municipality, and in the manner now or hereafter provided for county
elections when the election is held by a county, so far as the same
may be applicable, except as herein otherwise provided. Notice of
the election shall be given by the mayor of the municipality or by
the county commissioners of the county by advertisement weekly for at
least four times in some newspaper having a bona fide circulation in
the said municipality or county, with the last publication to be not
less than ten (10) days prior to the date of the said election. Only
registered voters of the said municipality or county shall have a
right to vote at the said election. The result of the said election
shall be proclaimed by the mayor of the municipality or by the county
commissioners of the county, and the result as proclaimed shall be
conclusive, unless attacked in the courts within thirty (30) days
after the date of such proclamation.
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(g) The tax levies or revenue apportionment associated with bonds
issued pursuant to this section and the pledge thereof, may not be
revoked during the term of such bonds; provided, however, the
municipality or county may, from time to time, suspend the collection
of such levy or apportioned revenues when not required for the
payment of its bonds.
(h) The Legislature may provide by law for the creation of
regional economic development districts, comprised of two or more
municipalities or counties, or a combination of one or more
municipalities and counties, and may specify the terms and conditions
under which the bonds authorized in this section may be issued by
municipalities and counties located within such districts. The
provisions of paragraph (f) of this section shall not apply to any
bonds issued in accordance with this paragraph unless such provisions
are made expressly applicable by law.
Added by State Question No. 404, Legislative Referendum No. 133,
adopted at election held on May 1, 1962. Amended by State Question
No. 625, Legislative Referendum No. 279, adopted at election held on
Aug. 28, 1990; State Question No. 693, Legislative Referendum No.
321, adopted at election held on Nov. 5, 2002.
SECTION X-36. Indebtedness for capital improvements - University
Medical Center.
The Legislature of the State of Oklahoma is hereby authorized to
enact a law or laws whereby the State may become indebted in an
amount not to exceed Seven Million Dollars ($7,000,000.00) for the
purpose of constructing new buildings and other capital improvements
and for equipping, remodeling, modernizing and repairing any and all
existing buildings and capital improvements at University of Oklahoma
Medical Center, and such law or laws shall provide for the payment
and discharge of the principal of such debt, together with principal
and interest on such indebtedness, from one or more of the following
sources of State income as follows:
1. Any remainder of revenue available from the revenues lawfully
levied and collected by the State of Oklahoma on the sale of cigarets
not already committed to other obligations of the State of Oklahoma;
2. Allocations by the Legislature of the State of Oklahoma from
any monies in the general revenue fund of the State not otherwise
obligated, committed or appropriated; and
3. The proceeds of any tax which the Legislature may impose and
collect for the purpose of paying the principal and interest on the
indebtedness herein authorized to be created, authority hereby being
granted to the Legislature to so impose and collect such tax, if
necessary.
Such law or laws hereby authorized to be inacted by the
Legislature of the State of Oklahoma may provide for the issuance of
bonds evidencing the indebtedness herein authorized and provide that
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such bonds may be issued in one or more series, may bear such date or
dates, may mature at such time or times, may be in such denomination
or denominations, may be in such form, coupon or registered, may
carry such registration or conversion provisions, may be executed in
such manner, may be payable in such medium or payment at such place
or places, may be subject to such terms of redemption, with or
without premium, and may bear such rate or rates of interest as the
Legislature may deem expedient and may contain any and all provisions
which the Legislature may deem necessary or expedient to make such
bonds marketable as general obligations of the State of Oklahoma with
the full faith and credit of the State pledged thereto. Within the
limits of indebtedness herein authorized the Legislature in its
discretion may authorize the issuance of such bonds and the incurring
of the authorized indebtedness in fractional amounts of the total
indebtedness hereby authorized to be incurred from time to time and
at one or more sessions of the Legislature.
Added by State Question No. 411, Referendum Petition No. 137, adopted
at election held on Dec. 3, 1963.
SECTION X-37. Bond issue for capital improvements at state
institutions.
The Legislature of the State of Oklahoma is hereby authorized to
enact necessary legislation whereby the State may become indebted in
an amount not to exceed Fifty-Four Million Seven Hundred Fifty
Thousand Dollars ($54,750,000.00) for the purpose of constructing new
buildings and other capital improvements for remodeling, modernizing
and repairing any and all existing buildings and capital improvements
and purchase of land, equipment and furnishings necessary for such
new construction or remodeling for the following departments of state
government in the amounts and for the purposes indicated as follows:
Oklahoma State Regents for Higher
Education for Expenditures at all
Constituent Institutions
$38,500,000.00
Department of Mental Health for
Expenditures at the following
Institutions:
Central State Griffin Memorial
Hospital, Eastern State Hospital,
Western State Hospital and Taft
State Hospital $ 6,500,000.00
Oklahoma Public Welfare Commission for
Expenditures at the following
Institutions:
Pauls Valley State School, Enid
State School and the Hissom
Memorial Center $ 1,000,000.00
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State Department of Health $
2,275,000.00
Oklahoma State Library $
2,150,000.00
State Board of Public Affairs for
Expenditures at the following
Institutions:
Oklahoma State Penitentiary $
150,000.00
Oklahoma State Reformatory $
150,000.00
Oklahoma School for the Blind $
550,000.00
Oklahoma School for the Deaf $
550,000.00
Oklahoma Educational Television
Authority $ 250,000.00
Oklahoma Historical Society $
125,000.00
State Board of Health for Expenditures
at the following Institutions:
Western Oklahoma Tuberculosis
Sanatorium $ 150,000.00
Eastern Oklahoma Tuberculosis
Sanatorium $ 150,000.00
Department of Public Health for
the Building of Community Social
Service Centers $ 1,500,000.00
Purchase of Land in and about the
Capitol Improvement and Zoning
District and Medical Center
Improvement Zoning District and for
Public Parks, Veterans Memorial Area
and Landscaping $ 750,000.00
and such legislation shall provide for the payment and discharge of
the principal of such debt, together with interest on such
indebtedness, from one or more of the following sources of state
income as follows:
1. Any remainder of revenue available from the revenues lawfully
levied and collected by the State of Oklahoma on the sale of
cigarettes not already committed to other obligations of the State of
Oklahoma;
2. Allocations by the Legislature of the State of Oklahoma from
any monies in the general revenue fund of the state not otherwise
obligated, committed or appropriated; and
3. The proceeds of any tax which the Legislature may impose and
collect for the purpose of paying the principal and interest on the
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indebtedness herein authorized to be created, and authority is hereby
granted to the Legislature to so impose and collect such tax, if
necessary.
Such legislation hereby authorized to be enacted by the
Legislature of the State of Oklahoma may provide for the issuance of
bonds evidencing the indebtedness herein authorized and provide that
such bonds may be issued in one or more series, may bear such date or
dates, may mature at such time or times, may be in such denomination
or denominations, may be in such form, coupon or registered, may
carry such registration or conversion provisions, may be executed in
such manner, may be payable in such medium or payment at such place
or places, may be subject to such terms of redemption, with or
without premium, and may bear such rate or rates of interest as the
Legislature may deem expedient and may contain any and all provisions
which the Legislature may deem necessary or expedient to make such
bonds marketable as general obligations of the State of Oklahoma with
the full faith and credit of the State pledged thereto. Within the
limits of indebtedness herein authorized the Legislature in its
discretion may authorize the issuance of such bonds and the incurring
of the authorized indebtedness in fractional amounts of the total
indebtedness hereby authorized to be incurred from time to time and
at one or more sessions of the Legislature.
Added by State Question No. 433, Referendum Petition No. 154, adopted
Dec. 14, 1965.
SECTION X-38. Indebtedness for capital improvements at state
institutions.
The Legislature of the State of Oklahoma is hereby authorized to
enact necessary legislation whereby the State may become indebted in
an amount not to exceed Ninety-nine Million, Eight Hundred Eight
Thousand Dollars ($99,808,000.00) for the purpose of planning and
constructing new buildings or additions to existing state buildings
and other capital improvements for remodeling, modernizing and
repairing any and all existing buildings and capital improvements and
purchase of land, equipment and furnishings necessary for such new
construction or remodeling for the following departments and agencies
of state government in the amounts and for the purposes set forth as
follows:
1. Oklahoma State Regents for Higher
Education for expenditure at all
constituent institutions
$34,250,000.00
2. Oklahoma State Regents for Higher
Education for expenditure at the
Medical Center of the University
of Oklahoma $26,870,000.00
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3. Oklahoma State Regents for Higher
Education for the planning and
construction of a new junior
college at Tulsa $ 4,000,000.00
4. Oklahoma State Regents for Higher
Education for the planning and
construction of a new junior
college at Midwest City, provided
that the study of Regents for
Higher Education establishes the
feasibility thereof, not to exceed
$1,500,000.00, otherwise for new
or existing community junior
colleges which meet the criteria
and conditions established by the
Regents for Higher Education, a
total of $ 2,000,000.00
5. State Department of Mental Health
for expenditure at Central State
Griffin Memorial Hospital, Eastern
State Hospital, Western State
Hospital and Taft State Hospital
and for constructing and equipping
community mental health centers,
provided that not more than
fifteen percent (15%) of the
amount may be spent on community
mental health centers $
8,000,000.00
6. State Department of Health for
expenditure for the administrative
offices and laboratories $
4,516,000.00
7. State Department of Health for
construction, remodeling and
equipping Oklahoma General
Hospital at Clinton, Oklahoma $
500,000.00
8. State Department of Highways for
the acquisition of land and
completion of streets and highways
in the State Capitol Complex $
1,875,000.00
9. Oklahoma Historical Society for
equipment and remodeling at the
Wiley Post Building and for
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acquistion and improvement of
historic sites $ 125,000.00
10. To the State Department of
Vocational Education for
construction and equipping of area
vocational and technical schools
and technical institutes and
equipment, $5,750,000.00 and for
Oklahoma State University School
of Technical Training (Oklahoma
State Tech) at Okmulgee,
$1,500,000.00 $ 7,250,000.00
11. State Department of Public Welfare
for expenditure at the Pauls Valley
State School, Enid State School,
Hissom Memorial Center, School for
the Blind, School for the Deaf,
Whitaker State Children's Home,
Taft State Children's Home, Helena
State School for Boys, Boley State
School for Boys, Taft State School
for Girls and Tecumseh Girls' Town
$ 4,375,000.00
12. State Department of Public Welfare
for construction of a Juvenile
Diagnostic Evaluation and
Receiving Center $ 1,000,000.00
13. State Department of Public Safety
for construction of a plans and
training building and for district
headquarters $ 497,000.00
14. State Military Department for the
construction of headquarters,
warehouse and armory buildings $
1,500,000.00
15. State Bureau of Investigation for
the construction of a building
near or integrated into the new
headquarters facilities of the
Department of Public Safety $
200,000.00
16. State Department of Corrections
for construction and equipping of
a reception and diagnostic center
and other capital improvements at
McAlester, Oklahoma, $1,000,000.00
and for constructing, renovating
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and equipping academic and
vocational school facilities and
other capital projects at Granite
Reformatory, $750,000.00 $
1,750,000.00
17. State Department of Health for
construction, remodeling and
equipping Eastern Oklahoma
Tuberculosis Sanatorium at
Talihina, Oklahoma, $250,000.00,
and to the Western Oklahoma
Tuberculosis Sanatorium at Clinton,
Oklahoma, $250,000.00, and for
constructing community social
service centers at Ada, Shawnee,
Lawton, and other communities
approved by the State Department of
Health, $500,000.00, (to be used
with the $1,500,000.00 heretofore
authorized in Section 37 of Article
X of this Constitution) $
1,000,000.00
18. Cerebral Palsy Institute $
100,000.00
and such legislation shall provide for the payment and discharge of
the principal of such debt, together with interest on such
indebtedness, from one or more of the following sources of state
income as follows:
1. Any remainder of revenue available from the revenues lawfully
levied and collected by the State of Oklahoma on the sale of
cigarettes not already committed to other obligations of the State of
Oklahoma;
2. Allocations by the Legislature of the State of Oklahoma from
any monies in the General Revenue Fund of the State not other wise
obligated, committed or appropriated; and
3. The proceeds of any tax which the Legislature may impose and
collect for the purpose of paying the principal and interest on the
indebtedness herein authorized to be created, and authority is hereby
granted to the Legislature to so impose and collect such tax, if
necessary.
Such legislation hereby authorized to be enacted by the
Legislature of the State of Oklahoma may provide for the issuance of
bonds evidencing the indebtedness herein authorized and provide that
such bonds may be issued in one or more series, may bear such date or
dates, may mature at such time or times, may be in such denomination
or denominations, may be in such form, coupon or registered, may
carry such registration or conversion provisions, may be executed in
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such manner, may be payable in such medium of payment at such place
or places, may be subject to such terms of redemption, with or
without premium, and may bear such rate or rates of interest as the
Legislature may deem expedient and may contain any and all provisions
which the Legislature may deem necessary or expedient to make such
bonds marketable as general obligations of the State of Oklahoma with
the full faith and credit of the State pledged thereto. As used
herein words in the singular shall be construed to include the
plural, and words in the plural shall be construed to include the
singular; the designation of place or location shall be considered
directive and not exclusive. Within the limits of indebtedness
herein authorized the Legislature in its discretion may authorize the
issuance of such bonds and the incurring of the authorized
indebtedness in fractional amounts of the total indebtedness hereby
authorized to be incurred from time to time and at one or more
Sessions of the Legislature.
Added by State Question No. 463, Legislative Referendum No. 176,
adopted at election held on Dec. 10, 1968.
SECTION X-39. Water resources and sewage treatment programs -
Funding - State financial assistance - State liability.
A program is hereby authorized to provide for the beneficial
utilization of water resources within the State of Oklahoma through
the planning, development, construction, improvement, conservation,
ownership, operation and financing of water resource and sewage
treatment works, facilities and projects with state monies
appropriated to the Statewide Water Development Revolving Fund and
monies in the Water Resources Fund. State monies appropriated to the
Statewide Water Development Revolving Fund and monies in the Water
Resources Fund shall be used only as authorized by the Legislature to
provide for the furnishing of financial assistance to municipalities,
political subdivisions and such other public entities of the state as
may be designated by law as being eligible for such assistance for
water resource and sewage treatment purposes. Any state liability
arising from the implementation of such a program shall be limited to
those monies in the Statewide Water Development Revolving Fund which
have been reserved for the undertaking producing the liability. The
provisions of this section shall be independent of and not be limited
by the provisions of Sections 14 and 15 of Article X of the Oklahoma
Constitution.
Added by State Question No. 581, Legislative Referendum No. 248,
adopted at election held on Aug. 28, 1984.
SECTION X-39A. Water Infrastructure Credit Enhancement Reserve Fund.
A. There is hereby created within the Oklahoma Water Resources
Board the Water Infrastructure Credit Enhancement Reserve Fund to be
used by the Oklahoma Water Resources Board solely to secure the
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payment of principal, interest and premiums, if any, on bonds and
other financial obligations issued or incurred to provide for the
financial assistance programs as authorized in Section 39 of Article
X of the Oklahoma Constitution.
B. The Oklahoma Water Resources Board shall issue bonds as
authorized in subsection C of this section to provide for the Water
Infrastructure Credit Enhancement Reserve Fund only after the
following have been used, to the extent allowed by law, to repay the
bonds and other financial obligations:
1. All other pledged monies;
2. Any reserved funds required of borrowers;
3. Any reserved funds required of the Oklahoma Water Resources
Board; and
4. Any surety bond payments.
C. The Oklahoma Water Resources Board is hereby authorized to
issue general obligation bonds, in an amount not to exceed a
cumulative total of Three Hundred Million Dollars ($300,000,000.00),
for the purpose of providing for the Water Infrastructure Credit
Enhancement Reserve Fund for the water resource and sewage treatment
financial assistance programs for municipalities, political
subdivisions and other public entities of the state provided by the
Board as authorized in Section 39 of Article X of the Oklahoma
Constitution.
D. The Legislature shall provide sufficient appropriations from
any monies of the state not otherwise obligated, committed or
appropriated to pay the principal and interest of any general
obligation bond issued pursuant to this section.
E. The Legislature shall establish a method by law to provide
for the issuance of the general obligation bonds authorized pursuant
to this section and to provide for the administration of the Water
Infrastructure Credit Enhancement Reserve Fund.
Added by State Question No. 764, Legislative Referendum No. 361,
adopted at election held on Nov. 6, 2012.
SECTION X-40. Tobacco Settlement Endowment Trust Fund.
A. There is hereby created a trust fund to be known as the
“Tobacco Settlement Endowment Trust Fund”. The trust fund principal
shall consist of the portion of monies which are received by the
State of Oklahoma on or after July 1, 2001, pursuant to any
settlement with or judgment against any tobacco company or companies
as provided by subsection B of this section, and any other monies
that may be appropriated or otherwise directed to the trust fund by
the Legislature.
B. 1. Deposits into the trust fund from monies which are
received by the State of Oklahoma pursuant to any settlement with or
judgment against any tobacco company or companies shall be based on
the following schedule:
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Minimum Percentage
Fiscal Year of Payments
Ending June 30, 2002 50%
Ending June 30, 2003 55%
Ending June 30, 2004 60%
Ending June 30, 2005 65%
Ending June 30, 2006 70%
Ending June 30, 2007 75%
2. Deposits into the trust fund in subsequent fiscal years shall
never be less than seventy-five percent (75%) of the payments.
3. The monies received by the State of Oklahoma pursuant to any
settlement with or judgment against any tobacco company or companies
after June 30, 2001, not deposited into the trust fund as provided in
this section, shall be deposited into a special fund established by
the Legislature solely for the purpose of receiving the payments;
provided, the Legislature may, by law, direct a certain portion of
such monies to the Office of the Attorney General. The special fund
shall be subject to legislative appropriations.
C. There is hereby created the Board of Investors of the Tobacco
Settlement Endowment Trust Fund. The Board of Investors shall have
the duty of investing monies in the trust fund, subject to
restrictions and limitations provided by law for and in accordance
with laws applicable to the investment of monies in state retirement
funds.
The Board of Investors shall consist of five (5) members as
follows:
1. The State Treasurer who shall be the chair;
2. An appointee of the Governor;
3. An appointee of the Speaker of the House of Representatives;
4. An appointee of the President Pro Tempore of the Senate; and
5. An appointee of the State Auditor and Inspector.
The initial appointees shall serve staggered terms of office as
provided for by law. Thereafter, appointees shall serve four-year
terms of office. No more than two appointees shall be appointed from
any single congressional district. All appointed members shall have
demonstrated expertise in public or private investment funds
management.
D. There is hereby created the Board of Directors of the Tobacco
Settlement Endowment Trust Fund. The Board of Directors shall
consist of seven (7) members, one appointed by each of the following
appointing authorities:
1. The Governor;
2. The President Pro Tempore of the Senate;
3. The Speaker of the House of Representatives;
4. The Attorney General;
5. The State Treasurer;
6. The State Auditor and Inspector; and
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7. The State Superintendent of Public instruction.
The initial appointed members shall serve staggered terms of
office as provided for by law. Thereafter, the appointed members of
the Board of Directors shall serve seven-year terms of office. At
least one appointee shall be appointed from each congressional
district, and not more than two appointees shall be appointed from
any single congressional district. Not more than four appointees
shall be members of the same political party. An appointee shall
have been a member of the political party to which the appointee
belongs for at least one (1) year prior to the date of appointment.
Appointees shall have demonstrated expertise in public or private
health care or programs related to or for the benefit of children or
senior adults.
The Board of Directors shall meet at least one time each calendar
quarter.
E. Earnings from the trust fund, including but not limited to
interest, dividends, and realized capital gains from investments of
the trust fund shall be expended as provided in subsection F of this
section for the following purposes:
1. Clinical and basic research and treatment efforts in Oklahoma
for the purpose of enhancing efforts to prevent and combat cancer and
other tobacco-related diseases;
2. Cost-effective tobacco prevention and cessation programs;
3. Programs other than those specified in paragraph 1 of this
subsection designed to maintain or improve the health of Oklahomans
or to enhance the provision of health care services to Oklahomans,
with particular emphasis on such programs for children;
4. Programs and services for the benefit of the children of
Oklahoma, with particular emphasis on common and higher education,
before- and after-school and pre-school programs, substance abuse
prevention and treatment programs and other programs and services
designed to improve the health and quality of life of children;
5. Programs designed to enhance the health and well-being of
senior adults; and
6. Authorized administrative expenses of the Office of the State
Treasurer and the Board of Directors.
F. Each fiscal year, the Board of Directors may expend the
amount of earnings which actually accrued to the trust fund during
the preceding fiscal year. Any amount not so expended shall remain
in the trust fund. The Board shall direct specific expenditures to
be made for the purposes specified in subsection E of this section.
G. The Legislature may enact laws to further implement the
provisions of this section.
Added by State Question No. 692, Legislative Referendum No. 320,
adopted at general election held on Nov. 7, 2000.
SECTION X-41. Oklahoma Education Lottery Trust Fund.
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A. There is hereby created a trust fund to be known as the
“Oklahoma Education Lottery Trust Fund”. The trust fund shall
consist of the funds transferred to it from the Oklahoma Education
Lottery.
B. Monies in the Oklahoma Education Lottery Trust Fund shall
only be expended for the following educational purposes and programs:
1. Kindergarten through twelfth grade public education,
including but not limited to compensation and benefits for public
school teachers and support employees;
2. Early childhood development programs;
3. Tuition grants, loans and scholarships to citizens of this
state to enable such citizens to attend colleges and universities
located within this state which are accredited by the Oklahoma State
Regents for Higher Education or to attend institutions operated under
the authority of the Oklahoma Department of Career and Technology
Education;
4. Construction of educational facilities for elementary school
districts, independent school districts, the Oklahoma State System of
Higher Education, and career and technology education;
5. Capital outlay projects for elementary school districts,
independent school districts, the Oklahoma State System of Higher
Education, and career and technology education;
6. Technology for public elementary school district, independent
school district, state higher education, and career and technology
education facilities;
7. Endowed chairs for professors at institutions of higher
education operated by the Oklahoma State System of Higher Education;
8. Programs and personnel of the Oklahoma School for the Deaf
and the Oklahoma School for the Blind;
9. The School Consolidation and Assistance Fund; and
10. The Teachers’ Retirement System Dedicated Revenue Revolving
Fund.
C. The Legislature shall appropriate funds from the Oklahoma
Education Lottery Trust Fund only for the purposes specified in
subsection B of this section. Even when the funds from the trust
fund are used for these purposes, the Legislature shall not use funds
from the trust fund to supplant or replace other state funds
supporting common education, higher education, or career and
technology education.
D. In order to ensure that the funds from the trust fund are
used to enhance and not supplant funding for education, the State
Board of Equalization shall examine and investigate appropriations
from the trust fund each year. At the meeting of the State Board of
Equalization held within five (5) days after the monthly
apportionment in February of each year, the State Board of
Equalization shall issue a finding and report which shall state
whether appropriations from the trust fund were used to enhance or
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supplant education funding. If the State Board of Equalization finds
that education funding was supplanted by funds from the trust fund,
the Board shall specify the amount by which education funding was
supplanted. In this event, the Legislature shall not make any
appropriations for the ensuing fiscal year until an appropriation in
that amount is made to replenish the trust fund.
E. The provisions of this section shall not become effective if
Enrolled House Bill No. 1278 of the 1st Session of the 49th Oklahoma
Legislature is not approved by the people of this state.
Added by State Question No. 706, Legislative Referendum No. 331,
adopted at election held on Nov. 2, 2004. Addition proposed by Laws
2003, S.J.R. No. 22, § 1.
SECTION X-42. Economic development credit enhancement reserve fund -
General obligation bonds.
The Oklahoma Development Finance Authority is hereby authorized
to issue general obligation bonds, in an amount not to exceed One
Hundred Million Dollars ($100,000,000.00), for the purpose of
providing an economic development credit enhancement reserve fund for
the Authority. This fund shall be used by the Authority solely to
secure the payment of principal, interest and premium, if any, on the
revenue bonds and other financial obligations issued by the Authority
after other pledged monies and other reserve funds are used to the
extent allowable by law. The Legislature shall provide sufficient
appropriations to pay the principal and interest of any general
obligation bonds issued pursuant to this resolution. Further, the
Legislature shall establish a method by law to provide for issuance
of the bonds or portions thereof when it is necessary and to provide
for administration of the economic development credit enhancement
reserve fund.
Added by State Question No. 610, Legislative Referendum No. 267,
adopted at election held on Sept. 20, 1988. Addition proposed by
Laws 1987, p. 1715, H.J.R. No. 1034 and Laws 1988, p. 1847, H.J.R.
No. 1034.
SECTION X-43. State construction, remodeling or other capital
improvements - Amount of indebtedness - Payment and discharge of debt
- Issuance of bonds.
The State of Oklahoma may become indebted in an amount not to
exceed Three Hundred Fifty Million Dollars ($350,000,000.00) pursuant
to the provisions of Enrolled House Bill No. 2428 of the 2nd Session
of the 43rd Oklahoma Legislature and any amendments thereto for the
purpose of constructing new buildings, remodeling, modernizing and
repairing any and all existing buildings and providing other capital
improvements and for the purchase of land, equipment and furnishings
necessary for such new construction, remodeling or other capital
improvements, including any costs of issuance associated with the
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indebtedness, for the following departments of state government in
the amounts and for the purposes indicated as follows:
1. Oklahoma State Regents for Higher
Education for expenditure as
follows:
a. University of Oklahoma - Norman
Campus $22,731,000.00
b. University of Oklahoma - Health
Sciences Center
$22,400,000.00
c. Oklahoma State University -
Stillwater Campus
$22,328,000.00
d. Oklahoma State University -
Agriculture Experiment Station
$4,000,000.00
e. Oklahoma State University -
Veterinary Medicine
$5,075,000.00
f. Oklahoma State University -
Technical Branch – Okmulgee
$4,118,000.00
g. Oklahoma State University -
Technical Branch – Oklahoma City
$3,868,000.00
h. Oklahoma State University -
College of Osteopathic Medicine
$3,750,400.00
i. University of Central Oklahoma
$7,765,106.00
j. East Central University
$5,869,000.00
k. Northeastern State University
$8,813,400.00
l. Northwestern Oklahoma State
University $2,860,000.00
m. Southeastern Oklahoma State
University $5,586,900.00
n. Southwestern Oklahoma State
University – Weatherford Campus
$6,297,500.00
o. Southwestern Oklahoma State
University – Sayre Campus
$300,000.00
p. Cameron University
$10,200,000.00
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q. Langston University
$2,842,500.00
r. Oklahoma Panhandle State
University $2,016,500.00
s. University of Science and Arts
of Oklahoma $3,104,376.00
t. University Center at Tulsa
$15,000,000.00
u. Carl Albert State College
$3,021,000.00
v. Connors State College
$2,055,100.00
w. Eastern Oklahoma State College
$2,007,600.00
x. Murray State College
$2,045,000.00
y. Northeastern Oklahoma
Agricultural and Mechanical
College $2,410,400.00
z. Northern Oklahoma College
$1,206,500.00
aa. Oklahoma City Community College
$6,152,100.00
bb. Redlands Community College
$2,003,900.00
cc. Rogers State College
$5,035,100.00
dd. Rose State College
$6,158,600.00
ee. Seminole Junior College
$2,125,924.00
ff. Tulsa Junior College
$22,333,800.00
gg. Western Oklahoma State College
$2,500,000.00
hh. Enid Higher Education Program
$619,123.00
ii. Enid Higher Education Program -
this allocation is contingent
upon a $2,200,000.00 match by
the local community
$1,980,877.00
jj. Ardmore Higher Education Program
$619,123.00
kk. Muskogee Higher Education
Program $619,123.00
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ll. Idabel Higher Education Program
$619,123.00
mm. Tulsa Medical Center debt
retirement $6,600,000.00
nn. Food Processing Research Center
– Stillwater $14,000,000.00
oo. Natural History Museum - Norman
$15,000,000.00
2. State Department of Vocational and
Technical Education for
expenditure as follows:
a. Instructional equipment for area
schools, including inmate
training facilities
$2,300,000.00
b. Mid-Del Vo-Tech $200,000.00
c. Okmulgee County AVTS
$3,200,000.00
d. Southwest AVTS $1,500,000.00
e. Wes Watkins AVTS
$1,000,000.00
f. Western Oklahoma AVTS
$2,000,000.00
3. Oklahoma Water Resources Board
$5,700,000.00
4. Oklahoma Tourism and Recreation
Department for the following
purposes: roads, park
improvements, sewage treatment,
facility rehab, equipment,
trails, park visitor centers,
tourism information centers, Will
Rogers Museum and other museums,
Oklahoma Jazz Hall of Fame and
Quartz Mountain Arts and
Conference Center $18,000,000.00
5. Oklahoma Historical Society
$1,700,000.00
6. Department of Human Services
$5,300,000.00
7. Department of Corrections for the
following purposes: drug offender
work camps and meat processing
facility at Jackie Brannon
$6,500,000.00
8. State Department of Health
$7,500,000.00
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9. State Department of Agriculture for
purposes of dry fire hydrants and
rural fire equipment
$1,000,000.00
10. Department of Central Services
$4,300,000.00
11. Oklahoma Military Department
$800,000.00
12. Oklahoma School of Science and
Mathematics. Said amount shall
not be used for purposes of
subsection D of Section 168.3 of
Title 73 of the Oklahoma Statutes
$4,500,000.00
13. Office of State Finance for
expenditure for
telecommunications as recommended
by the State Data Processing and
Telecommunications Advisory
Committee $14,000,000.00
14. Oklahoma Department of Libraries
for expenditure for matching
grant program for handicapped
access $500,000.00
15. Oklahoma Department of Veterans
Affairs for the following
purposes: New facility at Norman,
computer programming-mapper
system, and improvements at the
facilities at Ardmore, Sulphur,
Talihina, Clinton, Claremore and
Okmulgee $16,432,500.00
16. Department of Mental Health and
Substance Abuse Services
$6,400,000.00
If the full amount of funding for any project specified in this
section is not necessary for provision of such project, any remaining
available funds shall be allocated as provided for by law.
The payment and discharge of the principal of such debt, together
with principal and interest on such indebtedness, shall be paid from
one or more of the following sources of state income as follows:
1. Any remainder of revenue available from the taxes lawfully
levied and collected by the State of Oklahoma on the sale of
cigarettes not already committed to other obligations of the State of
Oklahoma;
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2. Allocations by the Legislature of the State of Oklahoma from
any monies in the general revenue fund of the state not otherwise
obligated, committed or appropriated; and
3. The proceeds of any tax which the Legislature may impose and
collect for the purpose of paying the principal and interest on the
indebtedness herein authorized to be created, and authority is hereby
granted to the Legislature to so impose and collect such tax, if
necessary.
The bonds evidencing the indebtedness herein authorized may be
issued by the Oklahoma Building Bonds Commission, the members of
which shall be appointed by the Governor, the Speaker of the House of
Representatives and the President Pro Tempore of the State Senate as
provided for by law and may be issued in one or more series, for a
term or terms not to exceed thirty (30) years from their date, and
may contain any and all provisions which the Oklahoma State
Legislature may deem necessary or expedient to make such bonds
marketable as general obligations of the State of Oklahoma with the
full faith and credit of the state pledged thereto.
The provisions of this section shall not become effective if
Enrolled House Bill No. 2074 of the 2nd Session of the 43rd Oklahoma
Legislature is not approved by the people of this state.
Added by State Question Number 649, Legislative Referendum No. 293,
adopted at election held November 3, 1992.
SECTION X-6Av1. Tangible personal property moving through State -
Situs.
A. All property consigned to a consignee in this State from
outside this State to be forwarded to a point outside this State,
which is entitled under the tariffs, rules, and regulations approved
by the Interstate Commerce Commission to be forwarded at through
rates from the point of origin to the point of destination, if not
detained within this State for a period of more than ninety (90)
days, shall be deemed to be property moving in interstate commerce,
and no such property shall be subject to taxation in this State;
provided, that goods, wares and merchandise, whether or not moving on
through rates, shall be deemed to move in interstate commerce, and
not subject to taxation in this State if not detained more than nine
(9) months where such goods, wares and merchandise are so held for
assembly, storage, manufacturing, processing or fabricating purposes;
provided, further, that personal property consigned for sale within
this State must be assessed as any other personal property.
B. The Legislature shall enact laws governing the procedures for
making application to the county assessor for purposes of the
exemption authorized by this section, including the time as of which
the application must be filed and information to be included with the
application.
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Added by State Question No. 443, Legislative Referendum No. 159,
adopted at election held on Sept. 17, 1968. Amended by State
Question No. 734, Legislative Referendum No. 342, adopted at election
held on Nov. 7, 2006.
SECTION X-6Av2. Intangible personal property exempt from ad valorem
or other tax.
Beginning January 1, 2013, intangible personal property shall not
be subject to ad valorem tax or to any other tax in lieu of ad
valorem tax within this State.
Added by State Question No. 460, Legislative Referendum No. 173,
adopted at election held on Aug. 27, 1968. Amended by State Question
No. 766, Legislative Referendum No. 363, adopted at election held on
Nov. 6, 2012.
ARTICLE XI - State and School Lands
SECTION XI-1. Acceptance of grants and donations - Pledge of faith
of state.
The State hereby accepts all grants of land and donations of
money made by the United States under the provisions of the Enabling
Act, and any other Acts of Congress, for the uses and purposes and
upon the conditions, and under the limitations for which the same are
granted or donated; and the faith of the State is hereby pledged to
preserve such lands and moneys and all moneys derived from the sale
of any of said lands as a sacred trust, and to keep the same for the
uses and purposes for which they were granted or donated.
SECTION XI-2. Permanent school fund - How constituted - Use -
Reimbursement for losses.
All proceeds of the sale of public lands that have heretofore
been or may be hereafter given by the United States for the use and
benefit of the common schools of this State, all such per centum as
may be granted by the United States on the sales of public lands, the
sum of five million dollars appropriated to the State for the use and
benefit of the common schools in lieu of sections sixteen and thirty-
six, and other lands of the Indian Territory, the proceeds of all
property that shall fall to the State by escheat, the proceeds of all
gifts or donations to the State for common schools not otherwise
appropriated by the terms of the gifts, and such other
appropriations, gifts, or donations as shall be made by the
Legislature for the benefit of the common schools, shall constitute
the permanent school fund, the income from which shall be used for
the maintenance of the common schools in the State. The principal
shall be deemed a trust fund held by the State, and shall forever
remain inviolate. It may be increased, but shall never be
diminished. The State shall reimburse said permanent school fund for
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all losses thereof which may in any manner occur, and no portion of
said fund shall be diverted for any other use or purpose.
SECTION XI-3. Interest and income - Use and apportionment.
The interest and income of the permanent school fund, the net
income from the leasing of public lands which have been or may be
granted by the United States to the State for the use and benefit of
the common schools, together with any revenues derived from taxes
authorized to be levied for such purposes, and any other sums which
may be added thereto by law, shall be used and applied each year for
the benefit of the common schools of the State, and shall be, for
this purpose, apportioned among and between all the several common
school districts of the State in proportion to the school population
of the several districts, and no part of the fund shall ever be
diverted from this purpose, or used for any other purpose than the
support and maintenance of common schools for the equal benefit of
all the people of the State.
SECTION XI-4. Sale of lands for charitable, penal, educational and
public purposes.
All public lands set apart to the State by Congress for
charitable, penal, educational, and public building purposes, and all
lands taken in lieu thereof, may be sold by the State, under such
rules and regulations as the Legislature may prescribe, in conformity
with the regulations of the Enabling Act.
SECTION XI-5. University and college lands - Control of institutions
- Diversion of funds.
Section thirteen in every portion of the State, which has been
granted to the State, shall be preserved for the use and benefit of
the University of Oklahoma and the University Preparatory School,
one-third; of the normal schools now established, or hereafter to be
established, one-third; and of the Agricultural and Mechanical
College and Colored Agricultural and Normal University, one-third.
The said lands or the proceeds thereof as above apportioned to be
divided between the institutions as the Legislature may prescribe:
Provided, That the said lands so reserved, or the proceeds of the
sale thereof, or of any indemnity lands granted in lieu of section
thirteen shall be safely kept or invested and preserved by the State
as a trust, which shall never be diminished, but may be added to, and
the income thereof, interest, rentals, or otherwise, only shall be
used exclusively for the benefit of said educational institutions.
Such educational institutions shall remain under the exclusive
control of the State and no part of the proceeds arising from the
sale or disposal of any lands granted for educational purposes, or
the income or rentals thereof, shall be used for the support of any
religious or sectarian school, college, or university, and no portion
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of the funds arising from the sale of sections thirteen or any
indemnity lands selected in lieu thereof, either principal or
interest, shall ever be diverted, either temporarily or permanently,
from the purpose for which said lands were granted to the State.
SECTION XI-6. Investment of permanent common school and other
educational funds.
A. The permanent common school and other educational funds may
be invested in first mortgages upon good and improved farm lands
within the state (and in no case shall more than fifty per centum
(50%) of the reasonable valuation of the lands without improvements
be loaned on any tract) and any other investments as authorized by
law.
B. The Commissioners of the Land Office shall be responsible for
the investment of the permanent common school and other educational
funds, and public building funds solely in the best interests of the
beneficiaries and:
1. For the exclusive purpose of providing maximum benefits to
current and future beneficiaries, and defraying reasonable expenses
of administering the trust funds;
2. With the care, skill, prudence, and diligence under the
circumstances then prevailing that a prudent person acting in a like
enterprise of a like character and like aim would use;
3. By diversifying the investments of the trust funds so as to
minimize the risk of large losses; and
4. In accordance with the law, documents and instruments
governing the administration and investment of the permanent common
school and other educational funds and public building funds.
C. The Legislature shall provide by law conditions upon which
the permanent common school fund, other educational funds and public
building funds may be loaned or invested and shall do all things
necessary for the safety of the funds and permanency of the
investment.
Amended by State Question No. 362, Legislative Referendum No. 108,
adopted at primary election held on July 6, 1954; State Question No.
442, Legislative Referendum No. 158, adopted at election held on Aug.
27, 1968; State Question No. 481, Legislative Referendum No. 187,
adopted at election held on Dec. 7, 1971; State Question No. 599,
Legislative Referendum No. 261, adopted at election held on Aug. 26,
1986; State Question No. 665, Legislative Referendum No. 299, adopted
at election held on Nov. 8, 1994.
SECTION XI-7. Grants of commercial and agricultural leases in trust
property.
The Commissioners of the Land Office are authorized to grant
commercial leases and agricultural leases in trust property.
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Commercial leases shall not exceed fifty-five (55) years. The
granting of any commercial lease in excess of three (3) years shall
be by public bidding at not less than fair market value. All
commercial leases shall provide for fair market value throughout the
term of the lease.
Agricultural leases of trust property shall be limited to a
maximum of five (5) years and shall be by public bidding at not less
than fair market value.
The granting of any interest in trust property at less than fair
market value or not in compliance with this section is void.
Any permanent improvement made on commercial trust property from
and after the passage of this amendment shall revert to the trust at
the end of the lease.
The Legislature shall enact the laws necessary to implement the
provisions of this section and to foster the fair and equitable
administration of trust property.
Added by State Question No. 617, Legislative Referendum No. 274,
adopted at election held on Aug. 23, 1988. Addition proposed by Laws
1988, p. 1879, H.J.R. No. 1050, § 1.
ARTICLE XII - Homestead and Exemptions
SECTION XII-1. Extent and value of homestead - Rights of Indians -
Temporary renting.
A. The homestead of any person in this State, not within any
city or town, shall consist of not more than one hundred sixty acres
of land, which may be in one or more parcels, to be selected by the
owner.
B. Effective November 1, 1997, the homestead of any person in
this state, not within any city or town, annexed by a city or town on
or after November 1, 1997, owned and occupied and used for both
residential and commercial agricultural purposes shall consist of not
more than one hundred sixty acres of land, which may be in one or
more parcels, to be selected by the owner.
C. The homestead of any person within any city or town, owned
and occupied as a residence only, or used for both residential and
business purposes, shall consist of not exceeding one acre of land,
to be selected by the owner. For purposes of this subsection, at
least seventy-five percent (75%) of the total square foot area of the
improvements for which a homestead exemption is claimed must be used
as the principal residence in order to qualify for the exemption. If
more than twenty-five percent (25%) of the total square foot area of
the improvements for which a homestead exemption is claimed is used
for business purposes, the homestead exemption amount shall not
exceed Five Thousand Dollars ($5,000.00).
D. Nothing in the laws of the United States, or any treaties
with the Indian Tribes in the State, shall deprive any Indian or
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other allottee of the benefit of the homestead and exemption laws of
the State.
E. Any temporary renting of the homestead shall not change the
character of the same when no other homestead has been acquired.
Amended by Laws 1997, c. 104, § 1, eff. Nov. 1, 1997; Laws 1997, c.
345, § 1, eff. Nov. 1, 1997.
SECTION XII-2. Exemption from forced sale - Consent of spouse to
sale - Mortgages.
The homestead of the family shall be, and is hereby protected
from forced sale for the payment of debts, except for the purchase
money therefor or a part of such purchase money, the taxes due
thereon, or for work and material used in constructing improvements
thereon; nor shall the owner, if married, sell the homestead without
the consent of his or her spouse, given in such manner as may be
prescribed by law; Provided, Nothing in this article shall prohibit
any person from mortgaging his homestead, the spouse, if any, joining
therein; nor prevent the sale thereof on foreclosure to satisfy any
such mortgage.
SECTION XII-3. Statutes nullified - Exemption as to purchase price
restricted - Incumbering personal exemptions - Change or amendment of
article.
After the adoption of this constitution, paragraph three of
section four, and section five, of Chapter thirty-four, Statutes of
Oklahoma, of 1893, shall be inoperative: Provided, That no property
shall be exempt for any part of the purchase price while the same or
any part thereof remains in the possession of the original vendee, or
in possession of any purchaser from such vendee, with notice: And
Provided Further, Nothing in this Constitution shall prevent or
prohibit any person from mortgaging or encumbering his personal
exemptions.
The Legislature may change or amend the terms of this article.
ARTICLE XII-A - Homestead Exemption from Taxation
SECTION XII-A-1. Exemption from ad valorem taxation authorized.
All homesteads as is or may be defined under the Laws of the
State of Oklahoma for tax exemption purposes, may hereafter be
exempted from all forms of ad valorem taxation by the Legislature;
provided, that all assessments, levies, encumbrances and other
contract obligations incurred or made prior to the taking effect of
such act of the Legislature shall in no way be affected or impaired
by the exercise of Legislative power as authorized by this amendment.
Added by State Question No. 201, Initiative Petition No. 138, adopted
at election held on Sept. 24, 1935.
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SECTION XII-A-2. Duration of exemption - Increase of homestead.
Any act of the Legislature, which is authorized by this amendment
and which provides that homesteads shall be exempted from ad valorem
taxation, shall be in full force and effect for a period of not less
than twenty years from the date of the taking effect of such act and
for such time thereafter as the same shall remain without repeal or
amendment by the Legislature, provided, that the homestead as defined
in any such act of exemption may be increased at any time but not
diminished.
Added by State Question No. 201, Initiative Petition No. 138, adopted
September 24, 1935.
ARTICLE XIII - Education
SECTION XIII-1. Establishment and maintenance of public schools.
The Legislature shall establish and maintain a system of free
public schools wherein all the children of the State may be educated.
SECTION XIII-1a. Appropriation and allocation of funds for support
of common schools.
The Legislature shall, by appropriate legislation, raise and
appropriate funds for the annual support of the common schools of the
State to the extent of forty-two ($42.00) dollars per capita based on
total state-wide enrollment for the preceding school year. Such
moneys shall be allocated to the various school districts in the
manner and by a distributing agency to be designated by the
Legislature; provided that nothing herein shall be construed as
limiting any particular school district to the per capita amount
specified herein, but the amount of state funds to which any school
district may be entitled shall be determined by the distributing
agency upon terms and conditions specified by the Legislature, and
provided further that such funds shall be in addition to
apportionments from the permanent school fund created by Article XI,
Section 2, hereof.
Added by State Question No. 315, Initiative Petition No. 225, adopted
at general election held on Nov. 5, 1946.
SECTION XIII-2. Institutions for deaf and mute or blind.
The Legislature shall provide for the establishment and support
of institutions for the care and education of persons within the
state who are deaf, deaf and mute or blind.
Amended by State Question No. 521, Legislative Referendum No. 216,
adopted at election held on Nov. 2, 1976. Amendment proposed by Laws
1976, p. 587, S.J.R. No. 41.
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SECTION XIII-3. Repealed by State Question No. 428, Referendum
Petition No. 149, adopted at election held May 3, 1966. Repeal
proposed by Laws 1965, p. 1174, S.J.R. No. 10.
SECTION XIII-4. Compulsory school attendance.
The Legislature shall provide for the compulsory attendance at
some public or other school, unless other means of education are
provided, of all the children in the State who are sound in mind and
body, between the ages of eight and sixteen years, for at least three
months in each year.
SECTION XIII-5. Board of Education.
The supervision of instruction in the public schools shall be
vested in a Board of Education, whose powers and duties shall be
prescribed by law. The Superintendent of Public Instruction shall be
President of the Board. Until otherwise provided by law, the
Governor, Secretary of State, and Attorney General shall be ex-
officio members, and with the Superintendent, compose said Board of
Education.
SECTION XIII-6. Textbook system for common schools - Official
multiple textbook lists.
The Legislature shall provide for a system of textbooks for the
common schools of the State, and the State through appropriate
legislation shall furnish such textbooks free of cost for use by all
pupils therein. The Legislature shall authorize the Governor to
appoint a committee composed of active educators of the State, whose
duty it shall be to prepare official multiple textbook lists from
which textbooks for use in such schools shall be selected by
committees composed of active educators in the local school districts
in a manner to be designated by the Legislature.
Amended by State Question No. 318, Initiative Petition No. 228,
adopted at general election held on Nov. 5, 1946.
SECTION XIII-7. Instruction in agriculture, horticulture, stock
feeding and domestic science.
The Legislature shall provide for the teaching of the elements of
agriculture, horticulture, stock feeding, and domestic science in the
common schools of the State.
SECTION XIII-8. Board of Regents of University of Oklahoma.
The government of the University of Oklahoma shall be vested in a
Board of Regents consisting of seven members to be appointed by the
Governor by and with the advice and consent of the Senate. The term
of said members shall be for seven years, except and provided that
the appointed members of the Board of Regents in office at the time
of the adoption of this amendment as now provided by law shall
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continue in office during the term for which they were appointed, and
thereafter as provided herein.
Appointments for filling vacancies occurring on said Board shall
be made by the Governor with advice and consent of the Senate and
said appointments to fill vacancies shall be for the residue of the
term only.
Members of the Board of Regents of the University of Oklahoma
shall be subject to removal from office only as provided by law for
the removal of elective officers not liable to impeachment.
Added by State Question No. 311, Referendum Petition No. 88, adopted
at election held on July 11, 1944.
ARTICLE XIII-A - Oklahoma State System of Higher Education
SECTION XIII-A-1. Oklahoma State System of Higher Education.
All institutions of higher education supported wholly or in part
by direct legislative appropriations shall be integral parts of a
unified system to be known as "The Oklahoma State System of Higher
Education."
Added by State Question No. 300, Referendum Petition No. 82, adopted
at election held on March 11, 1941.
SECTION XIII-A-2. Oklahoma State Regents for Higher Education -
Establishment - Membership - Appointment - Terms - Vacancy - Powers
as coordinating board of control.
There is hereby established the Oklahoma State Regents for Higher
Education, consisting of nine (9) members, whose qualifications may
be prescribed by law. The Board shall consist of nine (9) members
appointed by the Governor, confirmed by the Senate, and who shall be
removable only for cause, as provided by law for the removal of
officers not subject to impeachment. Upon the taking effect of this
Article, the Governor shall appoint the said Regents for terms of
office as follows: one for a term of one year, one for a term of two
years, one for a term of three years, one for a term of four years,
one for a term of five years, one for a term of six years, one for a
term of seven years, one for a term of eight years, and one for a
term of nine years. Any appointment to fill a vacancy shall be for
the balance of the term only. Except as above designated, the term
of office of said Regents shall be nine years or until their
successors are appointed and qualified.
The Regents shall constitute a co-ordinating board of control for
all State institutions described in Section 1 hereof, with the
following specific powers: (1) it shall prescribe standards of
higher education applicable to each institution; (2) it shall
determine the functions and courses of study in each of the
institutions to conform to the standards prescribed; (3) it shall
grant degrees and other forms of academic recognition for completion
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of the prescribed courses in all of such institutions; (4) it shall
recommend to the State Legislature the budget allocations to each
institution, and; (5) it shall have the power to recommend to the
Legislature proposed fees for all of such institutions, and any such
fees shall be effective only within the limits prescribed by the
Legislature.
Added by State Question No. 300, Referendum Petition No. 82, adopted
at election held on March 11, 1941.
SECTION XIII-A-3. Appropriations - Allocation.
The appropriations made by the Legislature for all such
institutions shall be made in consolidated form without reference to
any particular institution and the Board of Regents herein created
shall allocate to each institution according to its needs and
functions.
Added by State Question No. 300, Referendum Petition No. 82, adopted
at election held on March 11, 1941.
SECTION XIII-A-4. Co-ordination of private, denominational and other
institutions of higher learning.
Private, denominational, and other institutions of higher
learning may become co-ordinated with the State System of Higher
Education under regulations set forth by the Oklahoma State Regents
for Higher Education.
Added by State Question No. 300, Referendum Petition No. 82, adopted
at election held on March 11, 1941.
ARTICLE XIII-B - Board of Regents of Oklahoma Colleges
SECTION XIII-B-1. Board of Regents of Oklahoma Colleges - Creation,
members, terms, etc.
There is hereby created a Board to be known as the Board of
Regents of Oklahoma Colleges, and shall consist of nine (9) members
to be appointed by the Governor, by and with the consent of the
Senate. The Governor shall appoint one (1) member to serve for one
(1) year, one (1) member to serve for two (2) years, one (1) member
to serve for three (3) years, one (1) member to serve for four (4)
years, one (1) member to serve for five (5) years, one (1) member to
serve for six (6) years, one (1) member to serve for seven (7) years,
one (1) member to serve for eight (8) years, and one (1) member to
serve for nine (9) years. Provided that one (1) member shall come
from each Congressional District and the ninth (9th) member shall be
the State Superintendent of Public Instruction. Their successors
shall be appointed for a term of nine (9) years, and such
appointments shall be made within ninety (90) days after the term
expires. Vacancies shall be filled by the Governor within ninety
(90) days after the vacancy occurs. Each member of the Board, except
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the State Superintendent shall receive as compensation the sum of Ten
($10.00) Dollars per day, not to exceed sixty (60) days in any fiscal
year while he is actually engaged in the performance of duties, and
he shall also be allowed the necessary travel expenses as approved by
the Board and paid in the manner provided by law. The Board shall
elect a president and vice-president who shall perform such duties as
the Board directs. No executive board meetings shall be held at any
time unless such executive session is ordered by a unanimous vote of
the Board. The personnel of the Board of Regents of the Oklahoma
Colleges shall not include more than two (2) members from any one
profession, vocation, or occupation. No member of the Board shall be
eligible to be an officer, supervisor, president, instructor, or
employee of any of the colleges set forth herein within two (2) years
from the date of expiration of his term. Any member who fails to
attend a board meeting more than two (2) consecutive meetings without
the consent of a majority of the Board, his office shall be declared
vacant by the Governor and his successor shall be appointed as
provided herein.
Added by State Question No. 328, Referendum Petition No. 93, adopted
at election held on July 6, 1948.
SECTION XIII-B-2. Powers and duties of Board - Officers,
supervisors, etc.
The said Board of Regents of Oklahoma Colleges shall hereafter
have the supervision, management and control of the following State
Colleges: Central State College at Edmond; East Central State
College at Ada; Southwestern Institute of Technology at Weatherford;
Southeastern State College at Durant; Northwestern State College at
Alva, and the Northeastern State College at Tahlequah, and the power
to make rules and regulations governing each of said institutions
shall hereafter be exercised by and is hereby vested in the Board of
Regents of Oklahoma Colleges created by this Act, and said Board
shall appoint or hire all necessary officers, supervisors,
instructors, and employees for such institutions.
Added by State Question No. 328, Referendum Petition No. 93, adopted
at election held on July 6, 1948.
SECTION XIII-B-3. Successor to existing governing boards - Records,
papers, etc.
The Board of Regents of Oklahoma Colleges shall succeed the
present governing board in the management and control of any of the
institutions named in the preceding section, and such governing board
shall not hereafter have the management or control of any of said
institutions. All records, books, papers and information pertaining
to the institutions herein designated shall be transferred to the
Board of Regents of Oklahoma Colleges.
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Added by State Question No. 328, Referendum Petition No. 93, adopted
at special election held on July 6, 1948.
SECTION XIII-B-4. Salaries and expenses - Allocation of funds for
payment.
The Oklahoma State Regents for Higher Education are hereby
authorized to allocate from the funds allocated for the support of
its educational institutions named in this Act, funds sufficient for
the payment of the per diem and expenses of the members of the Board
of Regents of Oklahoma Colleges, the salaries and expenses of the
clerical help of said Board; office expense, and other expenses
necessary for the proper performance of the duties of said Board.
Added by State Question No. 328, Referendum Petition No. 93, adopted
at special election held on July 6, 1948.
ARTICLE XIV - Banks and Banking
SECTION XIV-1. Banking department.
General laws shall be enacted by the legislature providing for
the creation of a Banking Department, to be under the control of a
Bank Commissioner, who shall be appointed by the Governor for a term
of four years, by and with the consent of the Senate, with sufficient
power and authority to regulate and control all State Banks, Loan,
Trust and Guaranty Companies, under laws which shall provide for the
protection of depositors and individual stockholders.
SECTION XIV-2. Classification of loans and lenders - Licenses -
Maximum rates of interest.
The Legislature shall have authority to classify loans and
lenders, license and regulate lenders, define interest and fix
maximum rates of interest; provided, however, in the absence of
legislation fixing maximum rates of interest, all contracts for a
greater rate of interest than ten percent(10%) per annum shall be
deemed usurious; provided, further, that in contracts where no rate
of interest is agreed upon, the rate shall not exceed six percent
(6%) per annum.
Amended by State Question No. 454, Legislative Referendum No. 167,
adopted at election held Sept. 17, 1968.
SECTION XIV-3. Excessive rate - Forfeiture of interest - Recovery of
double interest.
The taking, receiving, reserving, or charging a rate of interest
greater than is allowed by the preceding section, when knowingly
done, shall be deemed a forfeiture of the entire interest which the
note, bill, or other evidence of debt carries with it, or which has
been agreed to be paid thereon. In case a greater rate of interest
has been paid, the person by whom it has been paid, or his legal
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representatives, may recover from the person, firm, or corporation
taking or receiving the same, in an action in the nature of an action
of debt, twice the amount of the interest so paid: Provided, such
action shall be brought within two years after the maturity of such
usurious contract: Provided, However, That this section may be
subject to such changes as the Legislature may prescribe.
ARTICLE XV - Oath of Office
SECTION XV-1. Officers required to take oath or affirmation - Form.
All public officers, before entering upon the duties of their
offices, shall take and subscribe to the following oath or
affirmation:
"I, _________, do solemnly swear (or affirm) that I will support,
obey, and defend the Constitution of the United States, and the
Constitution of the State of Oklahoma, and that I will not,
knowingly, receive, directly or indirectly, any money or other
valuable thing, for the performance or nonperformance of any act or
duty pertaining to my office, other than the compensation allowed by
law; I further swear (or affirm) that I will faithfully discharge my
duties as _________ to the best of my ability."
The Legislature may prescribe further oaths or affirmations.
Amended by State Question No. 466, Legislative Referendum No. 178,
adopted at election held on Sept. 9, 1969.
SECTION XV-2. Administration and filing of oath - Refusal to take -
False swearing.
The foregoing oath shall be administered by some person
authorized to administer oaths, and in the case of State officers and
judges of the Supreme Court, shall be filed in the office of the
Secretary of State, and in case of other judicial and county
officers, in the office of the clerk of the county in which the same
is taken; any person refusing to take said oath, or affirmation,
shall forfeit his office, and any person who shall have been
convicted of having sworn or affirmed falsely, or having violated
said oath, or affirmation, shall be guilty of perjury, and shall be
disqualified from holding any office of trust or profit within the
State. The oath to members of the Senate and House of
Representatives shall be administered in the hall of the house to
which the members shall have been elected, by one of the judges of
the Supreme Court, or in case no such judge is present, then by any
person authorized to administer oaths.
ARTICLE XVI - Public Roads, Highways, and Internal Improvements
SECTION XVI-1. Powers of Legislature respecting highways.
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The Legislature is directed to establish a Department of
Highways, and shall have the power to create improvement districts
and provide for building and maintaining public roads, and may
provide for the utilization of convict and punitive labor thereon.
SECTION XVI-2. Acceptance of lands granted or reserved for highway.
The State of Oklahoma hereby accepts all reservations and lands
for public highways made under any grant, agreement, treaty, or act
of Congress: Provided, This section shall not be construed to
prejudice the vested rights of any tribe, allottee, or other person
to any such land.
SECTION XVI-3. System of levees, drains, and ditches and irrigation.
The Legislature shall have power and shall provide for a system
of levees, drains, and ditches and of irrigation in this State when
deemed expedient, and provide for a system of taxation on the lands
affected or benefited by such levees, drains, and ditches and
irrigation, or on crops produced on such land, to discharge such
bonded indebtedness or expenses necessarily incurred in the
establishment of such improvements; and to provide for compulsory
issuance of bonds by the owners or lessees of the lands benefited or
affected by such levees, drains, and ditches or irrigation.
ARTICLE XVII - Counties
SECTION XVII-1. Counties to be bodies politic and corporate.
Each county in this State, now or hereafter organized, shall be a
body politic and corporate.
SECTION XVII-2. County and township offices.
There are hereby created, subject to change by the Legislature,
in and for each organized county of this State, the offices of Judge
of the County Court, County Attorney, Clerk of the District Court,
County Clerk, Sheriff, County Treasurer, Register of Deeds, County
Surveyor, Superintendent of Public Instruction, three County
Commissioners, and such municipal township officers as are now
provided for under the laws of the Territory of Oklahoma, except as
in this Constitution otherwise provided.
SECTION XVII-3. Provision for persons in need.
The several counties of the State shall provide, as may be
prescribed by law, for those inhabitants who, by reason of age,
infirmity, or misfortune, may have claims upon the sympathy and aid
of the county.
SECTION XVII-4. Legislature to provide for creation or alteration -
Submission to vote - Area, population and taxable wealth.
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The Legislature shall provide by general laws for the creation of
new counties or altering or changing lines and the equitable division
of assets and of liabilities, and the original location of county
seats in such new counties: Provided, That every such question shall
be submitted to the vote of the qualified electors residing in the
territory to be formed into such new county or transferred to another
county, and shall be approved by sixty per centum of the votes cast
in said election: Provided, That no new county shall be formed of
less than four hundred square miles taxable area, nor with a
population less than fifteen thousand people, nor with taxable wealth
less than two and one-half million dollars, as shown by the current
tax rolls. Nor shall any territory be taken from an existing county
for any purpose bringing the newly created line of such existing
county nearer than ten miles to the county seat thereof. Nor shall
the taxable area, population, or taxable wealth of said existing
county be reduced below that required for a new county. Nor shall
any territory, in any case, be transferred from one county to an
existing county, if, by such transfer of territory, the county from
which the territory be taken will then be smaller in area than the
county to which the addition is made: Provided, That when territory
is to be transferred from an existing county to either a new or an
existing county, there must be sixty per centum of the vote cast in
such particular territory in favor of the transfer, and, in case the
transfer be to an existing county, the acceptance of such territory
must first be approved by a majority vote of the electors of said
county, at an election to be called and held therefor, as may be
provided by law. The limitation as to area, valuation and population
shall not be increased by the Legislature.
SECTION XVII-5. Disorganization of county.
When, at any time hereafter, the aggregate value of all taxable
property in any one county be a sum total less than two and one-half
million dollars, upon petition of one-fourth or more of the qualified
electors of such county, as shown by the last general election,
signed, verified, and filed with the county commissioners thereof,
not less than sixty days before the date of any general election,
such county commissioners shall submit, upon the ballot at such next
ensuing general election, to the qualified electors of the county,
the question: "Shall the county be an unorganized county?" "Yes" or
"No." If a majority of the votes cast on this question at such
election shall be in the affirmative, such county shall thereafter be
unorganized and be attached to and be a part of the adjoining county
having the lowest valuation of taxable property, and shall so remain
as a district in such county until such time as the qualified
electors of such unorganized county shall, by similar petition and
vote, declare in favor of separate organized county existence:
Provided, however, That at all times during such unorganized
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existence, such county shall have four terms of county court at the
county seat therein each year, and the judge of the county court
shall appoint a clerk of the county court of said district, from
among the qualified electors thereof, who shall keep and maintain his
office at such county seat: Provided, further, That while so
unorganized, such county shall, in all respects, be part and parcel
of the county with which it is united.
SECTION XVII-6. Procedure for removal of county seat.
The towns herein named as county seats shall be and remain the
county seats of their respective counties until changed by vote of
the qualified electors of such county, in the following manner:
(a) Upon a petition or petitions in writing, signed by twenty-
five per centum of the qualified electors of the county, such per
centum to be determined by the total vote cast in such county for the
head of the State ticket in the next preceding general election, said
petition or petitions being verified by an affidavit showing that the
petitioners are qualified electors of said county, and such petition
or petitions having been filed with the Governor at any time after
four months after the admission of the State into the Union, the
Governor shall within thirty days issue his proclamation calling an
election to be held in such county not less than sixty nor more than
seventy days from the date of his proclamation.
Such election shall be held under the provisions of the election
laws of the State, and upon such public notice of such election as
the Governor in his proclamation may direct; and the Governor shall
cause to be placed upon the tickets to be voted at such election,
only the names of such towns as may, more than twenty days prior to
such election, file with the Governor verified petitions therefor, as
above mentioned, signed by not less than three hundred qualified
electors of said county.
(The word "town," as herein used, shall be construed to mean
town, city, or place.)
(b) Upon the holding of any such election the board of
canvassers shall certify and return said vote to the Governor, who
shall thereupon at once declare the result and cause the will of the
electors to be carried into effect: Provided, That in all elections
for the removal of any of the county seats named in this Constitution
the following rules shall govern, until the county seat is once
located by vote of the people, but not later than the first day of
April, nineteen hundred and nine: Provided further, in case the
necessary and proper petition for the holding of an election for the
removal of a county seat shall be filed with the Governor, for over
six months prior to the first day of April, nineteen hundred and nine
(1909), in accordance with the foregoing provisions, and if such
election or elections are delayed or postponed on account of any
injunction or legal proceedings then the time limit provided in the
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subdivision of this section, shall be extended the length of time
that such election or elections are delayed or postponed by such
injunction or legal proceedings.
If a majority of all the votes cast in the county at such county
seat election shall be in favor of any town, such town shall
thereafter be the county seat: Provided, however, that where the
county seat named in this Constitution is within six miles of the
geographical center of the county (said geographical center to be
determined by certificate from the Secretary of State, and said
distance to be determined by measurement from said geographical
center to the nearest corporate limits of such county seat as they
existed on the twenty-first day of January, Nineteen Hundred and
Seven), it shall require sixty per centum of the total vote cast at
such election by the competing town to effect the removal of such
county seat, unless such competing town be more than one mile nearer
the geographical center of said county, in which event a majority
vote shall suffice; but, if more than two towns are voted for and no
town receive the requisite proportion of all the votes cast, then all
names of towns voted for on said ballot, except the two receiving the
greatest number of votes, shall be dropped; and the Governor shall,
in like time and manner, cause to be called and held a second
election, at which only the two towns which received the greatest
number of votes cast at the first election shall be voted for; and
the town receiving the requisite proportion of the votes cast at the
second election shall be the county seat: Provided, that, after the
first day of April, Nineteen Hundred and Nine, all county seats shall
be subject to removal under the above named provisions; but, the town
to which removal is sought must receive two-thirds of all votes cast
in such county at the election held therefor, and such elections
shall not occur at intervals of less than ten years: Provided
further, that until after the first day of April, Nineteen Hundred
and Nine, no public money shall be expended for court house or jail
construction unless a vote of the people of such county shall have
been taken on the relocation of the county seat.
SECTION XVII-7. Bribery.
Any person or corporation offering money or other thing of value,
either directly or indirectly, for the purpose of influencing any
voter for or against any competing town in such election, shall be
deemed guilty of bribery.
SECTION XVII-8. Description of counties - Designation of county
seats.
The State of Oklahoma is hereby divided into Counties named and
described as follows (all descriptions are referred to the Indian
Meridian and base line established by the United States Geological
Survey, 1895-1899; unless otherwise specifically mentioned):
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Adair County: Beginning on the township line between townships
nineteen and twenty North, at its intersection with the range line
between ranges twenty-three and twenty-four East; thence east along
said township line to its intersection with the Arkansas State line;
thence southward along said Arkansas State line to its intersection
with the township line between townships thirteen and fourteen North;
thence west along said township line to its intersection with the
range line between ranges twenty-three and twenty-four East; thence
north along said range line to the point of beginning. Westville is
hereby designated the County Seat of Adair County.
Alfalfa County: Beginning on the Kansas and Oklahoma State line
at its intersection with the range line between ranges twelve and
thirteen West; thence eastward along said State line to its
intersection with the range line between ranges eight and nine West;
thence south along said range line to its intersection with the east
and west center section line of township twenty-three North; thence
west along said center section line to its intersection with the
range line between ranges twelve and thirteen West; thence north
along said range line to the point of beginning. Cherokee is hereby
designated the County Seat of Alfalfa County.
Atoka County: Beginning at the northwest corner of township two
North, range twelve East; thence east along the township line between
townships two and three North, to its intersection with the range
line between ranges thirteen and fourteen East; thence south along
said range line to its intersection with the township line between
townships one and two North; thence east along said township line to
its intersection with the range line between ranges fifteen and
sixteen East; thence south along said range line to its intersection
with the base line; thence west along said base line to its
intersection with the range line between ranges fourteen and fifteen
East; thence south along said range line to its intersection with the
township line between townships four and five South; thence west
along said township line to its intersection with the range line
between ranges eight and nine East; thence north along said range
line to its intersection with the township line between townships one
and two South; thence east along said township line to its
intersection with the north and south center section line across
range eleven East; thence north along said center section line to its
intersection with the base line; thence east along said base line to
its intersection with the range line between ranges eleven and twelve
East; thence north to the point of beginning. Atoka is hereby
designated the County Seat of Atoka County.
Beaver County: Beginning at the point where the one hundredth
meridian intersects the south line of the State of Kansas; thence
westward along the south line of the State of Kansas to its
intersection with the range line between ranges nineteen and twenty
East of Cimarron meridian; thence south along said range line to its
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intersection with the north boundary line of the State of Texas;
thence eastward along the boundary line between Texas and Oklahoma to
its intersection with the one hundredth meridian; thence north along
said one hundredth meridian to the point of beginning. Beaver is
hereby designated the County Seat of Beaver County.
Beckham County: Beginning on the State line between Texas and
Oklahoma at its intersection with the east and west center section
line across township eleven North; thence east along said section
line to its intersection with the range line between ranges twenty-
two and twenty-three West; thence north along the said range line to
its intersection with the east and west center section line across
township twelve North; thence east along said center section line to
its intersection with the range line between ranges twenty and
twenty-one West; thence south along said range line to its
intersection with the township line between townships seven and eight
North; thence west along said township line to its intersection with
the center line of the North Fork of Red River; thence up along the
center line of said river to its most westerly intersection with the
township line between townships seven and eight North; thence west
along said township line to its intersection with the range line
between ranges twenty-three and twenty-four West; thence south along
said range line to its intersection with the township line between
townships six and seven North; thence west along said township line
to its intersection with the State line between Texas and Oklahoma;
thence north along said State line to the point of beginning. Sayre
is hereby designated the County Seat of Beckham County.
Blaine County: Said County shall be and remain as it now exists
under the Territory of Oklahoma, until hereafter changed under the
provisions of this Constitution. Watonga is hereby designated the
County Seat of Blaine County.
Bryan County: Beginning on the township line between townships
four and five South, at its intersection with the boundary line
between the Chickasaw and the Choctaw nations; thence east along said
township line to its intersection with the center line of Clear Boggy
Creek; thence down along the center line of said Clear Boggy Creek to
its intersection with the north and south center section line across
range thirteen East; thence south along said center section line to
its intersection with the centerline of Whitegrass Creek; thence down
along the center line of said Whitegrass Creek to its intersection
with the State line between Texas and Oklahoma; thence westward along
said State line to the center line of the mouth of the Washita River;
thence up along the center line of the said Washita River to its
intersection with the east and west center section line of township
five South; thence east along said center section line to its
intersection with the boundary line between the Chickasaw and the
Choctaw nations; thence north along said boundary line to the point
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of beginning. Durant is hereby designated the County Seat of Bryan
County.
Caddo County: Beginning on the range line between ranges
thirteen and fourteen West, at its intersection with the township
line between townships twelve and thirteen North; thence east along
said township line to its intersection with the range line between
ranges ten and eleven West; thence south along said range line to its
intersection with the township line between townships ten and eleven
North; thence east along said township line to its intersection with
the center line of the Canadian River; thence down along the center
line of said Canadian River to its intersection with the ninety-
eighth meridian; thence south along said ninety-eighth meridian to
its intersection with the east and west center section line across
township eight North; thence west along said center section line to
its intersection with the range line between ranges eight and nine
West; thence south along said range line to its intersection with the
township line between townships four and five North; thence west
along said township line to its intersection with the range line
between ranges thirteen and fourteen West; thence north along said
range line to the point of beginning. Anadarko is hereby designated
the County Seat of Caddo County.
Canadian County: Said County shall be and remain as it now
exists under the Territory of Oklahoma until hereafter changed under
the provisions of this Constitution. El Reno is hereby designated
the County Seat of Canadian County.
Carter County: Beginning on the base line at its intersection
with the range line between ranges three and four West; thence east
along said base line to its intersection with the range line between
ranges one and two West; thence south along said range line to its
intersection with the east and west center section line of township
two South; thence east along said center section line to its
intersection with the center line of the Washita River; thence
southwardly along the center line of said Washita River to its
intersection with the township line between townships two and three
South; thence east along the said township line to its intersection
with the range line between ranges three and four East; thence south
along said range line to the northeast corner of section thirty-six,
township four South, range three East; thence west to the northwest
corner of section thirty-five in said township and range; thence
south along the section line to its intersection with the township
line between townships five and six South; thence west along said
township line to its intersection with the range line between ranges
three and four West; thence north along said range line to the point
of beginning. Ardmore is hereby designated the County Seat of Carter
County.
Cherokee County: Beginning at the northwest corner of township
nineteen North, range twenty-one East; thence east along the township
B/"( &24
line to its intersection with the range line between ranges twenty-
three and twenty-four East; thence south along said range line to its
intersection with the township line between townships thirteen and
fourteen North; thence west along said township line to its
intersection with the range line between ranges twenty and twenty-one
East; thence north along said range line to its intersection with the
township line between townships fifteen and sixteen North; thence
west along said township line to its intersection with the center
line of the Grand River; thence up along the center line of said
Grand River to its intersection with the township line between
townships eighteen and nineteen North; thence east along said
township line to its intersection with the range line between ranges
twenty and twenty-one East; thence north along the said range line to
the point of beginning. Tahlequah is hereby designated the County
Seat of Cherokee County.
Choctaw County: Beginning on the center line of Clear Boggy
Creek at its intersection with the township line between townships
four and five South; thence east along said township line to its
intersection with the range line between ranges twenty and twenty-one
East; thence south along said range line to its intersection with the
State line between Texas and Oklahoma; thence westwardly along said
state line to the center line of the mouth of Whitegrass Creek;
thence up along the center line of said Whitegrass Creek, to its
intersection with the north and south center section line across
range thirteen East; thence north along said center section line to
its intersection with the center line of Clear Boggy Creek; thence up
along the center line of said Clear Boggy Creek to the point of
beginning. Hugo is hereby designated the County Seat of Choctaw
County.
Cimarron County: Beginning on the State line between Kansas and
Oklahoma at its intersection with the range line between ranges nine
and ten East of the Cimarron Meridian; thence westward along the
State line of Kansas and of Colorado to its intersection with the
Cimarron Meridian; thence south along the Cimarron Meridian to its
intersection with the north boundary line of the State of Texas;
thence eastward along the Texas State line to its intersection with
the range line between ranges nine and ten East of the Cimarron
Meridian; thence north along said range line to the point of
beginning. Kenton is hereby designated the County Seat of Cimarron
County.
Cleveland County: Said County shall be and remain as it now
exists under the Territory of Oklahoma, until hereafter changed under
the provisions of this Constitution. Norman is hereby designated the
County Seat of Cleveland County.
Coal County: Beginning at the northwest corner of township three
North, range nine East; thence east along the township line between
townships three and four North, to its intersection with the range
B/"( &26
line between ranges eleven and twelve East; thence south along said
range line to its intersection with the base line; thence west along
said base line to its intersection with the north and south center
section line across range eleven East; thence south along said center
section line to its intersection with the township line between
townships one and two South; thence west along said township line to
its intersection with the range line between ranges seven and eight
East; thence north along said range line to its intersection with the
township line between townships two and three North; thence east
along said township line to its intersection with the range line
between ranges eight and nine East; thence north along said range
line to the point of beginning. Lehigh is hereby designated the
County Seat of Coal County.
Comanche County: Beginning on the township line between
townships four and five North, at its intersection with the range
line between ranges fifteen and sixteen West; thence east along said
township line to its intersection with the range line between ranges
eight and nine West; thence south along said range line to its
intersection with the township line between townships two and three
North; thence west along said township line to its intersection with
the north and south center section line across range nine West;
thence south along said center section line to its intersection with
the State line between Texas and Oklahoma; thence west along said
State line to its intersection with the range line between ranges
thirteen and fourteen West; thence north along said range line to its
intersection with the north line of township three South; thence west
along said township line to the north and south center section line
across range fourteen West; thence north along said center section
line to the base line; thence west along the base line to the range
line between ranges fifteen and sixteen West; thence north along said
range line to the point of beginning. Lawton is hereby designated
the County Seat of Comanche County.
Craig County: Beginning on the State line between Kansas and
Oklahoma at its intersection with the range line between ranges
seventeen and eighteen East; thence eastward along said State line to
its intersection with the center line of the Neosho River; thence
down along the center line of said Neosho River to its intersection
with the range line between ranges twenty-one and twenty-two East;
thence south along said range line to its intersection with the
township line between townships twenty-three and twenty-four North;
thence west along said township line to its intersection with the
range line between ranges eighteen and nineteen East; thence north
along said range line to its intersection with the township line
between townships twenty-four and twenty-five North; thence west
along said township line to its intersection with the range line
between ranges seventeen and eighteen East; thence north along said
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range line to the point of beginning. Vinita is hereby designated
the County Seat of Craig County.
Creek County: Beginning at the northwest corner of the Creek
nation, extending thence east along the boundary line between the
Creek nation and Pawnee county to its intersection with the range
line between ranges nine and ten East; thence south along said range
line to the township line between townships eighteen and nineteen
North; thence east along the said township line to its intersection
with the north and south center section line across range twelve
East; thence south along said center section line to the southeast
corner of section sixteen, in township sixteen North, range twelve
East; thence west along the section line to its intersection with the
range line between ranges ten and eleven East; thence south along
said range line to its intersection with the township line between
townships thirteen and fourteen North; thence west along said
township line to its intersection with the west boundary line of the
Creek nation; thence northward along the said boundary line to the
point of beginning. Sapulpa is hereby designated the County Seat of
Creek County.
Custer County: Said County shall be and remain as it now exists
under the Territory of Oklahoma, until hereafter changed under the
provisions of this Constitution. Arapaho is hereby designated the
County Seat of Custer County.
Delaware County: Beginning at the southwest corner of section
six, township twenty-five North, range twenty-two East; thence east
along the section line to the Missouri State line; thence southward
along the State line of Missouri and of Arkansas to the township line
between townships nineteen and twenty North; thence west along said
township line to its intersection with the range line between ranges
twenty-one and twenty-two East; thence north along said range line to
the point of beginning. Grove is hereby designated the County Seat
of Delaware County.
Dewey County: Said County shall be and remain as it now exists
under the Territory of Oklahoma, until hereafter changed under the
provisions of this Constitution. Taloga is hereby designated the
County Seat of Dewey County.
Ellis County: Beginning on the one hundredth meridian at its
intersection with the township line between townships twenty-four and
twenty-five North; thence east along said township line to the range
line between ranges twenty-two and twenty-three West; thence south
along said range line to its intersection with the township line
between townships nineteen and twenty North; thence east along said
township line to its intersection with the range line between ranges
twenty and twenty-one West; thence south along said range line to its
intersection with the center line of the Canadian River (sometimes
called South Canadian); thence up along the center line of said river
to its intersection with the State line between Texas and Oklahoma;
B/"( &4
thence north along said State line and the one hundredth meridian to
the point of beginning. Grand is hereby designated the County Seat
of Ellis County.
Garfield County: Said County shall be and remain as it now
exists under the Territory of Oklahoma, until hereafter changed under
the provisions of this Constitution. Enid is hereby designated the
County Seat of Garfield County.
Garvin County: Beginning on the range line between ranges four
and five West, at its intersection with the township line between
townships four and five North; thence east along said township line
to its intersection with the range line between ranges three and four
East; thence south along said range line to its intersection with
east and west center section line across township two North; thence
west along said center section line to its intersection with the
range line between ranges one and two East; thence south along said
range line to its intersection with the section line, two miles north
of and parallel to the township line between townships one and two
North; thence west along said section line to its intersection with
the center line of the Washita River; thence southward along the
center line of the said Washita River to its intersection with the
base line; thence west along said base line to its intersection with
the range line between ranges three and four West; thence north along
said range line to its intersection with the township line between
townships two and three North; thence west along said township line
to its intersection with the range line between ranges four and five
West; thence north along said range line to the point of beginning.
Pauls Valley is hereby designated the County Seat of Garvin County.
Grady County: Beginning on the center line of the Canadian River
(sometimes called South Canadian), at its intersection with the
ninety-eighth meridian; thence southeastwardly along the center line
of said Canadian River to its intersection with the range line
between ranges four and five West; thence south along said range line
to its intersection with the township line between townships two and
three north; thence west along said township line to its intersection
with the range line between ranges eight and nine West; thence north
along said range line to the east and west center section line across
township eight North; thence east along said center section line to
its intersection with the ninety-eighth meridian; thence north along
said ninety-eighth meridian to the point of beginning. Chickasha is
hereby designated the County Seat of Grady County.
Grant County: Said County shall be and remain as it now exists
under the Territory of Oklahoma, until hereafter changed under the
provisions of this Constitution. Pond Creek is hereby designated the
County Seat of Grant County.
Greer County: Beginning on the State line between Texas and
Oklahoma at its intersection with the township line between townships
six and seven North; thence east along said township line to its
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intersection with the range line between ranges twenty-three and
twenty-four West; thence north along said range line to its
intersection with the township line between townships seven and eight
North; thence east along said township line to its intersection with
the center line of the North Fork of Red River; thence down along the
center line of said North Fork of Red River to its intersection with
the range line between ranges nineteen and twenty West; thence south
along said range line to its intersection with the east and west
center section line of township four North; thence west along said
center section line to the north and south center section line across
range twenty-one West; thence south along said center section line to
its intersection with the township line between townships three and
fourth North; thence west along said township line to its
intersection with the center line of the Salt Fork of Red River;
thence down along the center line of said river to its intersection
with the east and west center section line of township three North;
thence west along said center section line to its intersection with
the range line between ranges twenty-three and twenty-four West;
thence south along said range line to its intersection with the base
line; thence west along said base line to its intersection with the
State line between Texas and Oklahoma; thence westward and northward
along said State line to the point of beginning. Mangum is hereby
designated the County Seat of Greer County.
Harper County: Beginning on the one-hundredth meridian at its
intersection with the Kansas and Oklahoma State line; thence east
along said State line to its second intersection with the center line
of the Cimarron River, in range twenty-one West; thence
southeastwardly along the center line of said Cimarron River to its
intersection with the range line between ranges nineteen and twenty
West; thence south along said range line to its intersection with the
township line between townships twenty-four and twenty-five North;
thence west along said township line to its intersection with the one
hundredth meridian; thence north along said meridian to the point of
beginning. Buffalo is hereby designated the County Seat of Harper
County.
Haskell County: Beginning on the center line of the Canadian
River at its intersection with the range line between ranges
seventeen and eighteen East; thence down along the center line of
said Canadian River to its intersection with the center line of the
Arkansas River; thence down along the center line of said Arkansas
River to its intersection with the range line between ranges twenty-
three and twenty-four East; thence south along the said range line to
its intersection with the township line between townships eight and
nine North; thence west along said township line to its intersection
with the range line between ranges twenty-two and twenty-three East;
thence south along said range line to the northeast corner of section
twenty-five, township seven North, range twenty-two East; thence west
B/"( &4*
along the section line to its intersection with the range line
between ranges eighteen and nineteen East; thence north along said
range line to its intersection with the east and west center section
line across township eight North; thence west along said center
section line to its intersection with the range line between ranges
seventeen and eighteen East; thence north along said range line to
the point of beginning. Stigler is hereby designated the County Seat
of Haskell County.
Hughes County: Beginning on the township line between townships
nine and ten North, at the southwest corner of section thirty-five,
township ten North, range eight East; thence east along said township
line to its intersection with range line between ranges thirteen and
fourteen East; thence south along said range line to its intersection
with the center line of the Canadian River (sometimes called South
Canadian); thence up along the center line of said Canadian River to
its intersection with the range line between ranges eleven and twelve
East; thence south along said range line to its intersection with the
township line between townships three and four North; thence west
along said township line to its intersection with the range line
between ranges eight and nine East; thence north along said range
line to its intersection with the center line of the Canadian River;
thence up along the center line of said Canadian River to its
intersection with the east line of the Seminole nation; thence north
along the said east line of the Seminole nation to its intersection
with the township line between townships seven and eight North;
thence east along said township line to the southwest corner of
section thirty-five, township eight North, range eight East; thence
north to the point of beginning. Holdenville is hereby designated the
County Seat of Hughes County.
Jackson County: Beginning on the range line between ranges
nineteen and twenty West, at its intersection with the center line of
the North Fork of Red River; thence down along the center line of
said river to the State line between Texas and Oklahoma; thence
westwardly along said State line to its intersection with the base
line; thence east along said base line to its intersection with the
range line between ranges twenty-three and twenty-four West; thence
north along said range line to its intersection with the east and
west center section line of township three North; thence east along
said center section line to its intersection with the center line of
Salt Fork of Red River; thence up along the center line of said river
to its intersection with the township line between townships three
and four North; thence east along said township line to the southeast
corner of section thirty-three, township four North, range twenty-one
West; thence north to the southwest corner of section fifteen of said
township and range; thence east along the section line to its
intersection with the range line between ranges nineteen and twenty
B/"( &4-
West; thence north along said range line to the point of beginning.
Altus is hereby designated the County Seat of Jackson County.
Jefferson County: Beginning at the southwest corner of section
fifteen, township three South, range nine West; thence east along the
section line to its intersection with the range line between ranges
three and four West; thence south along said range line to its
intersection with the center line of Mud Creek; thence
southeastwardly along the center line of said Mud Creek to the State
line between Texas and Oklahoma; thence westwardly along said state
line to its intersection with the north and south center section line
of range nine West; thence north along said center section line to
the point of beginning. Ryan is hereby designated the County Seat of
Jefferson County.
Johnston County: Beginning on the base line at the southeast
corner of section thirty-three, township one North, range four East;
thence east along said base line to its intersection with the range
line between ranges seven and eight East; thence south along said
range line to its intersection with the township line between
townships one and two South; thence east along said township line to
its intersection with the range line between ranges eight and nine
East; thence south along said range line to its intersection with the
township line between townships four and five South; thence west
along said township line to its intersection with the boundary line
between the Choctaw and Chickasaw nations; thence south along said
boundary line to its intersection with the east and west center
section line across township five South; thence west along said
center section line to its intersection with the center line of the
Washita River; thence up along the center line of said Washita River
to its intersection with the section line one mile north of and
parallel to the township line between townships four and five South;
thence west along said section line to its intersection with the
range line between ranges three and four East; thence north along
said range line to its intersection with the township line between
townships two and three South; thence east along said township line
to its intersection with the north and south center section line
across range four East; thence north along said center section line
to the point of beginning. Tishomingo is hereby designated the
County Seat of Johnston County.
Kay County: Said County shall be and remain as it now exists
under the Territory of Oklahoma, until hereafter changed under the
provisions of this Constitution. Newkirk is hereby designated the
County Seat of Kay County.
Kingfisher County: Said County shall be and remain as it now
exists under the Territory of Oklahoma, until hereafter changed under
the provisions of this Constitution. Kingfisher is hereby designated
the County Seat of Kingfisher County.
B/"( &4.
Kiowa County: Said County shall be and remain as it now exists
under the Territory of Oklahoma, until hereafter changed under the
provisions of this Constitution. Hobart is hereby designated the
County Seat of Kiowa County.
Latimer County: Beginning at the northwest corner of section
thirty, township seven North, range nineteen East; thence east along
the section line to its intersection with the range line between
ranges twenty-two and twenty-three East; thence south along said
range line to its intersection with the township line between
townships five and six North; thence west along said township line to
its intersection with the section line two miles east of the range
line between ranges twenty-one and twenty-two East; thence south
along said section line to its intersection with the township line
between townships four and five North; thence west along said
township line to its intersection with the section line one mile west
of the range line between ranges twenty-one and twenty-two East;
thence south along said section line to its intersection with the
township line between townships two and three North; thence west
along said township line to its intersection with the south and north
center section line across range seventeen East; thence north along
said center section line to its intersection with the township line
between townships six and seven North; thence east along said
township line to its intersection with the range line between ranges
eighteen and nineteen East; thence north along said range line to the
point of beginning. Wilburton is hereby designated the County Seat
of Latimer County.
Le Flore County: Beginning on the center line of the Arkansas
River at its intersection with the range line between ranges twenty-
three and twenty-four East; thence down along the center line of said
Arkansas River to its intersection with the State line between
Arkansas and Oklahoma; thence southward along said State line to its
intersection with the base line; thence west along said base line to
its intersection with the range line between ranges twenty-two and
twenty-three East; thence north along said range line to its
intersection with the township line between townships two and three
North; thence west along said township line to its intersection with
the section line one mile west of the range line between ranges
twenty-one and twenty-two East; thence north along said section line
to its intersection with the township line between townships four and
five North; thence east along said township line to the section line
two miles east of the range line between ranges twenty-one and
twenty-two East; thence north along said section line to its
intersection with the township line between townships five and six
North; thence east along said township line to its intersection with
the range line between ranges twenty-two and twenty-three East;
thence north along said range line to its intersection with the
township line between townships eight and nine North; thence east
B/"( &40
along said township line to its intersection with the range line
between ranges twenty-three and twenty-four East; thence north along
said range line to the point of beginning. Poteau is hereby
designated the County Seat of Le Flore County.
Lincoln County: Said County shall be and remain as it now exists
under the Territory of Oklahoma, until hereafter changed under the
provisions of this Constitution. Chandler is hereby designated the
County Seat of Lincoln County.
Logan County: Said County shall be and remain as it now exists
under the Territory of Oklahoma until hereafter changed under the
provisions of this Constitution. Guthrie is hereby designated the
County Seat of Logan County.
Love County: Beginning on the township line between townships
five and six South, at its intersection with the range line between
ranges three and four West; thence east along said township line to
its intersection with the section line between sections two and
three, township six South, range three East; thence south along said
section line to the northwest corner of section twenty-six in said
township; thence east along the section line to the range line
between ranges three and four East; thence south along said range
line to its intersection with the State line between Texas and
Oklahoma; thence westward along said State line to the center line of
the mouth of Mud Creek; thence up along the center line of said Mud
Creek to its intersection with the range line between ranges three
and four West; thence north along said range line to the point of
beginning. Marietta is hereby designated the County Seat of Love
County.
Major County: Beginning on the township line between townships
twenty-three and twenty-four North, at its intersection with the
range line between ranges sixteen and seventeen West; thence east
along said township line to its intersection with the center line of
the Cimarron River; thence down along the center line of said
Cimarron River to its intersection with the range line between ranges
twelve and thirteen West; thence north along said range line to its
intersection with the east and west center section line of township
twenty-three North; thence east along said center section line to its
intersection with the range line between ranges eight and nine West;
thence south along said range line to the north line of Kingfisher
County; thence westward along the north line of Kingfisher, Blaine,
and Dewey Counties to the intersection with the range line between
ranges sixteen and seventeen West; thence north along said range line
to the point of beginning. Fairview is hereby designated the County
Seat of Major County.
Marshall County: Beginning at the northwest corner of section
thirty-five, in township four South, range three East; thence east
along the section line to its intersection with the center line of
the Washita River; thence down along the center line of said Washita
B/"( &42
River to its intersection with the State line between Texas and
Oklahoma; thence westward along said state line to its intersection
with the range line between ranges three and four East; thence north
along said range line to the northeast corner of section twenty-five,
township six South, range three East; thence west along the section
line to the northwest corner of section twenty-six, in said township
and range; thence north to the point of beginning. Madill is hereby
designated the County Seat of Marshall County.
Mayes County: Beginning on the township line between townships
twenty-three and twenty-four North, at its intersection with the
range line between ranges seventeen and eighteen East; thence east
along said township line to its intersection with the range line
between ranges twenty-one and twenty-two East; thence south along
said range line to its intersection with the township line between
townships nineteen and twenty North; thence west along said township
line to its intersection with the range line between ranges twenty
and twenty-one East; thence south along said range line to its
intersection with the township line between townships eighteen and
nineteen North; thence west along said township line to its
intersection with the range line between ranges seventeen and
eighteen East; thence north along said range line to the point of
beginning. Pryor Creek is hereby designated the County Seat of Mayes
County.
Murray County: Beginning on the base line at its intersection
with the range line between ranges one and two West; thence east
along said base line to its intersection with the center line of the
Washita River; thence up along the center line of said Washita River
to its intersection with the section line two miles north of and
parallel to the township line between townships one and two North;
thence east along said section line to its intersection with the
range line between ranges one and two East; thence north along said
range line to its intersection with the east and west center section
line across township two North; thence east along said center section
line to its intersection with the range line between ranges three and
four East; thence south along said range line to its intersection
with the township line between townships one and two North; thence
east along said township line to its intersection with the range line
between ranges four and five East; thence south along said range line
to its intersection with the base line; thence west along said base
line to its intersection with the north and south center section line
across range four East; thence south along said center section line
to its intersection with the township line between townships two and
three South; thence west along said township line to its intersection
with the center line of the Washita River; thence up along the center
line of said Washita River to its intersection with the east and west
center section line across township two South; thence west along said
center section line to its intersection with the range line between
B/"( &44
ranges one and two West; thence north along said range line to the
point of beginning. Sulphur is hereby designated the County Seat of
Murray County.
Muskogee County: Beginning on the range line between ranges
fourteen and fifteen East, at its intersection with the east and west
center section line of township sixteen North, range fifteen East;
thence east along said center section line to its intersection with
the Arkansas River; thence down along the center line of said
Arkansas River to its second intersection with the township line
between townships fifteen and sixteen North, in range eighteen East;
thence east along said township line to its intersection with the
range line between ranges twenty and twenty-one East; thence south
along said range line to its intersection with the center line of the
Arkansas River; thence down along the center line of said Arkansas
River to its intersection with the center line of the Canadian River;
thence up along the center line of said Canadian River to its
intersection with the range line between ranges eighteen and nineteen
East; thence north along said range line to its intersection with the
township line between townships twelve and thirteen North; thence
west along said township line to the north and south center section
line of township thirteen North, range fifteen East; thence north
along said center section line to its intersection with the township
line between townships fourteen and fifteen North; thence west along
said township line to its intersection with the range line between
ranges fourteen and fifteen East; thence north along said range line
to the point of beginning. Muskogee is hereby designated the County
Seat of Muskogee County.
McClain County: Beginning on the center line of the Canadian
River (sometimes called South Canadian), at its intersection with the
range line between ranges four and five West; thence down along the
center line of said Canadian River to its intersection with the range
line between ranges three and four East; thence south along said
range line to its intersection with the township line between
townships four and five North; thence west along said township line
to its intersection with the range line between ranges four and five
West; thence north along said range line to the point of beginning.
Purcell is hereby designated the County Seat of McClain County.
McCurtain County: Beginning on the base line at its intersection
with the range line between ranges twenty-one and twenty-two East;
thence east along said base line to its intersection with the State
line between Arkansas and Oklahoma; thence southward along said State
line to its intersection with the State line between Texas and
Oklahoma; thence northwestward along said state line to its
intersection with the range line between ranges twenty and twenty-one
East; thence north along said range line to its intersection with the
township line between townships three and four South; thence east
along said township line to its intersection with the range line
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between ranges twenty-one and twenty-two East; thence north along
said range line to the point of beginning. Idabel is hereby
designated the County Seat of McCurtain County.
McIntosh County: Beginning on the township line between
townships twelve and thirteen North, at its intersection with the
range line between ranges thirteen and fourteen East; thence east
along said township line to its intersection with the range line
between ranges eighteen and nineteen East; thence south along said
range line to its intersection with the center line of the Canadian
River; thence up along the center line of said Canadian River to its
intersection with the range line between ranges thirteen and fourteen
East; thence north along said range line to its intersection with the
township line between townships nine and ten North; thence west along
said township line to its intersection with the range line between
ranges twelve and thirteen East; thence north along said range line
to its intersection with the township line between townships ten and
eleven North; thence east along said township line to its
intersection with the range line between ranges thirteen and fourteen
East; thence north along said range line to the point of beginning.
Eufaula is hereby designated the County Seat of McIntosh County.
Noble County: Said County shall be as it now exists under the
Territory of Oklahoma, with township twenty North, range one East,
and township twenty North, range one West, added thereto. Perry is
hereby designated the County Seat of Noble County.
Nowata County: Beginning on the State line between Kansas and
Oklahoma at its intersection with the north and south center section
line of range fourteen East; thence eastward along said State line to
its intersection with the range line between ranges seventeen and
eighteen East; thence south along said range line to its intersection
with the township line between townships twenty-four and twenty-five
North; thence west along said township line to its intersection with
the north and south center section line across range fourteen East;
thence north along said center section line to the point of
beginning. Nowata is hereby designated the County Seat of Nowata
County.
Okfuskee County: Beginning on the west boundary line of the
Creek nation at its intersection with the township line between
townships thirteen and fourteen North; thence east along said
township line to its intersection with the range line between ranges
ten and eleven East; thence south along said range line to its
intersection with the township line between townships twelve and
thirteen North; thence east along said township line to its
intersection with the range line between ranges eleven and twelve
East; thence south along said range line to its intersection with the
township line between townships ten and eleven North; thence east
along said township line to its intersection with the range line
between ranges twelve and thirteen East; thence south along said
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range line to its intersection with the township line between
townships nine and ten North; thence west along said township line to
its intersection with section line two miles west of and parallel to
the range line between ranges eight and nine East; thence north along
said section line to its intersection with the center line of the
North Fork of the Canadian River; thence up along the center line of
said river to the southwest corner of the Creek nation in township
eleven North; thence along the west boundary line of said Creek
nation to the point of beginning. Okemah is hereby designated the
County Seat of Okfuskee County.
Oklahoma County: Said County shall be and remain, as it now
exists under the Territory of Oklahoma, until hereafter changed under
the provisions of this Constitution. Oklahoma City is hereby
designated the County Seat of Oklahoma County.
Okmulgee County: Beginning on the range line between ranges ten
and eleven East, at its intersection with the east and west center
section line across township sixteen North; thence east along said
center section line to its intersection with the range line between
ranges fourteen and fifteen East; thence south along said range line
to its intersection with the township line between townships fourteen
and fifteen North; thence east along said township line to its
intersection with the north and south center section line across
range fifteen East; thence south along said center section line to
its intersection with the township line between townships twelve and
thirteen North; thence west along said township line to its
intersection with the range line between ranges thirteen and fourteen
East; thence south along said range line to its intersection with the
township line between townships ten and eleven North; thence west
along said township line to its intersection with the range line
between ranges eleven and twelve East; thence north along said range
line to its intersection with the township line between townships
twelve and thirteen North; thence west along said township line to
its intersection with the range line between ranges ten and eleven
East; thence north along said range line to the point of beginning.
Okmulgee is hereby designated the County Seat of Okmulgee County.
Osage County: The Osage Indian Reservation with its present
boundaries is hereby constituted one county to be known as Osage
County; the present boundaries to remain unchanged until all the
lands of the Osage Tribe of Indians shall have been allotted, and
until the same shall be changed as provided by the Legislature for
changing county lines. Pawhuska is hereby designated the County Seat
of Osage County.
Ottawa County: Beginning on the State line between Kansas and
Oklahoma at its intersection with the center line of the Neosho
River; thence east along said State line to its intersection with the
Missouri State line; thence southward along the Missouri State line
to its intersection with the section line one mile south of and
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parallel to the south line of township twenty-six North; thence west
along said section line to its intersection with the range line
between ranges twenty-one and twenty-two East; thence north along
said range line to its intersection with the center line of the
Neosho River; thence up along the center line of said Neosho River to
the point of beginning. Miami is hereby designated the County Seat
of Ottawa County.
Pawnee County: Said County shall be and remain as it now exists
under the Territory of Oklahoma, until hereafter changed under the
provisions of this Constitution. Pawnee is hereby designated the
County Seat of Pawnee County.
Payne County: Said County shall be as it now exists under the
Territory of Oklahoma, with township twenty North, range one East,
and township twenty North, range one West, taken therefrom.
Stillwater is hereby designated the County Seat of Payne County.
Pittsburg County: Beginning on the center line of the Canadian
River (sometimes called South Canadian), at its intersection with the
range line between ranges eleven and twelve East; thence down along
the center line of said Canadian River to its intersection with the
range line between ranges seventeen and eighteen East; thence south
along said range line to its intersection with the east and west
center section line of township eight North; thence east along said
center section line to its intersection with the range line between
ranges eighteen and nineteen East; thence south along said range line
to its intersection with the township line between townships six and
seven North; thence west along said township line to its intersection
with the north and south center section line across range seventeen
East; thence south along said center section line to its intersection
with the township line between townships one and two North; thence
west along said township line to its intersection with the range line
between ranges thirteen and fourteen East; thence north along said
range line to its intersection with the township line between
townships two and three North; thence west along said township line
to its intersection with the range line between ranges eleven and
twelve East; thence north along said range line to the point of
beginning. McAlester is hereby designated the County Seat of
Pittsburg County.
Pontotoc County: Beginning on the center line of the Canadian
River (sometimes called South Canadian), at its intersection with the
range line between ranges three and four East; thence down along the
center line of said Canadian River to its intersection with the range
line between ranges eight and nine East; thence south along said
range line to its intersection with the township line between
townships two and three North; thence west along said township line
to its intersection with the range line between ranges seven and
eight East; thence south down along said range line to its
intersection with the base line; thence west along said base line to
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its intersection with the range line between ranges four and five
East; thence north along said range line to its intersection with the
township line between townships one and two North; thence west along
said township line to its intersection with the range line between
ranges three and four East; thence north along said range line to the
point of beginning. Ada is hereby designated the County Seat of
Pontotoc County.
Pottawatomie County: Said County shall be and remain as it now
exists under the Territory of Oklahoma, until hereafter changed under
the provisions of this Constitution. Tecumseh is hereby designated
the County Seat of Pottawatomie County.
Pushmataha County: Beginning on the township line between
townships two and three North, at its intersection with the north and
south center section line across range seventeen East; thence east
along said township line to its intersection with the range line
between ranges twenty-two and twenty-three East; thence south along
said range line to its intersection with the base line; thence west
along said base line to its intersection with the range line between
ranges twenty-one and twenty-two East; thence south along said range
line to its intersection with the township line between townships
three and four South; thence west along said township line to its
intersection with the range line between ranges twenty and twenty-one
East; thence south along said range line to its intersection with the
township line between townships four and five South; thence west
along said township line to its intersection with the range line
between ranges fourteen and fifteen East; thence north along said
range line to its intersection with the base line; thence east along
said base line to its intersection with the range line between ranges
fifteen and sixteen East; thence north along said range line to its
intersection with the township line between townships one and two
North; thence east along said township line to its intersection with
the north and south center section line across range seventeen East;
thence north along said center section line to the point of
beginning. Antlers is hereby designated the County Seat of
Pushmataha County.
Roger Mills County: Beginning on the State line between Texas
and Oklahoma at its intersection with the center line of the Canadian
River (sometimes called South Canadian); thence down along the center
line of said river to its intersection with the range line between
ranges twenty and twenty-one West; thence south along said range line
to its intersection with the east and west center section line across
township twelve North; thence west along said section line to its
intersection with the range line between ranges twenty-two and
twenty-three West; thence south along said range line to its
intersection with the east and west center section line across
township eleven North; thence west along said section line to its
intersection with the State line between Texas and Oklahoma; thence
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northward along said State line to the point of beginning. Cheyenne
is hereby designated the County Seat of Roger Mills County.
Rogers County: Beginning on the township line between townships
twenty-four and twenty-five North at its intersection with the north
and south center section line across range fourteen East; thence east
along said township line to the range line between ranges eighteen
and nineteen East; thence south along said range line to the township
line between townships twenty-three and twenty-four North; thence
west along said township line to the range line between ranges
seventeen and eighteen East; thence south along said range line to
its intersection with the township line between townships eighteen
and nineteen North; thence west along said township line to its
intersection with the center line of the Verdigris River; thence up
along the center line of said Verdigris River to its intersection
with the township line between townships nineteen and twenty North;
thence west along said township line to its intersection with the
north and south center section line across range fourteen East;
thence north along said center section line to the township line
between townships twenty-one and twenty-two North; thence west along
said township line to the range line between ranges thirteen and
fourteen East; thence north along said range line to the township
line between townships twenty-two and twenty-three North; thence east
along said township line to the north and south center section line
across range fourteen East; thence north along said center section
line to the point of beginning. Claremore is hereby designated the
County Seat of Rogers County.
Seminole County: Beginning at a point where the east boundary
line of the Seminole nation intersects the center line of the South
Canadian River; thence north along the east boundary line of said
Seminole nation to its intersection with the township line between
townships seven and eight North; thence east along said township line
to the southwest corner of section thirty-five, township eight North,
range eight East; thence north along the section line between
sections thirty-four and thirty-five, in said township and range,
projected to its intersection with the center line of the North
Canadian River; thence westward along the center line of said river
to its intersection with the east boundary line of Pottawatomie
County; thence southward along said east boundary line to its
intersection with the center line of the South Canadian River; thence
down along the center line of said river to the point of beginning.
Wewoka is hereby designated the County Seat of Seminole County.
Sequoyah County: Beginning on the township line between
townships thirteen and fourteen North, at its intersection with the
range line between ranges twenty and twenty-one East; thence east
along said township line to its intersection with the state line
between Arkansas and Oklahoma; thence southward along said state line
to its intersection with the center line of the Arkansas River;
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thence up along the center line of said Arkansas River to its
intersection with the range line between ranges twenty and twenty-one
East; thence north along said range line to the point of beginning.
Sallisaw is hereby designated the County Seat of Sequoyah County.
Stephens County: Beginning on the township line between
townships two and three North, at its intersection with the north and
south center section line across range nine West; thence east along
said township line to its intersection with the range line between
ranges three and four West; thence south along said range line to its
intersection with the east and west center section line across
township three South; thence west along said center section line to
its intersection with the north and south center section line across
range nine West; thence north along said center section line to the
point of beginning. Duncan is hereby designated the County Seat of
Stephens County.
Texas County: All that part of the former county of Beaver,
Territory of Oklahoma, extending from the range line between ranges
nineteen and twenty East of the Cimarron Meridian, to the range line
between ranges nine and ten East of the Cimarron Meridian. Guymon is
hereby designated the County Seat of Texas County.
Tillman County: Beginning on the base line at its intersection
with the center line of the North Fork of Red River; thence east
along said base line to its intersection with the north and south
center section line across range fourteen West; thence south along
said center section line to its intersection with the township line
between townships two and three South; thence east along said
township line to its intersection with the range line between ranges
thirteen and fourteen West; thence south along said range line to its
intersection with the State line between Texas and Oklahoma; thence
westwardly and northwardly along said State line to its intersection
with the center line of the mouth of the North Fork of Red River;
thence up along the center line of said North Fork of Red River to
the point of beginning. Frederick is hereby designated the County
Seat of Tillman County.
Tulsa County: Beginning at the northeast corner of township
nineteen North, range fourteen East; thence south along the range
line between ranges fourteen and fifteen East, to its intersection
with the township line between townships seventeen and eighteen
North; thence west along said township line to its intersection with
the range line between ranges thirteen and fourteen East; thence
south along said range line to its intersection with the east and
west center section line across township sixteen North; thence west
along said center section line to its intersection with the north and
south center section line across range twelve East; thence north
along said center section line to its intersection with the township
line between townships eighteen and nineteen North; thence west along
said township line to its intersection with the range line between
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ranges nine and ten East; thence north along said range line to its
intersection with the north boundary line of the Creek nation; thence
eastward along said boundary line to the southeast corner of the
Osage nation; thence north along the east boundary line of the Osage
nation to its intersection with the township line between townships
twenty-two and twenty-three North; thence east along said township
line to the range line between ranges thirteen and fourteen East;
thence south along said range line to its intersection with the
township line between townships twenty-one and twenty-two North;
thence east along said township line to its intersection with the
north and south center section line across range fourteen East;
thence south along said center section line to its intersection with
the township line between townships nineteen and twenty North; thence
east along said township line to the point of beginning. Tulsa is
hereby designated the County Seat of Tulsa County.
Wagoner County: Beginning on the township line between townships
nineteen and twenty North, at its intersection with the range line
between ranges fourteen and fifteen East; thence east along said
township line to its intersection with the center line of the
Verdigris River; thence down along the center line of said river to
its intersection with the township line between townships eighteen
and nineteen North; thence east along said township line to its
intersection with the center line of Grand River; thence down along
the center line of said Grand River to its intersection with the
township line between townships fifteen and sixteen North; thence
west along said township line to its intersection with the center
line of the Arkansas River, in range eighteen East, to correspond
with the description of Muskogee County; thence up along the center
line of said Arkansas River to its intersection with the east and
west center section line across township sixteen North, range fifteen
East; thence west along said center section line to its intersection
with the range line between ranges thirteen and fourteen East; thence
north along said range line to its intersection with the township
line between townships seventeen and eighteen North; thence east
along said township line to its intersection with the range line
between ranges fourteen and fifteen East; thence north along said
range line to the point of beginning. Wagoner is hereby designated
the County Seat of Wagoner County.
Washington County: Beginning on the State line between Kansas
and Oklahoma at its intersection with the east boundary line of the
Osage nation; thence eastward along said State line to its
intersection with the north and south center section line across
range fourteen East; thence south along said center section line to
its intersection with the township line between townships twenty-two
and twenty-three North; thence west along said township line to its
intersection with the east boundary line of the Osage nation; thence
northward along said boundary line to the point of beginning.
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Bartlesville is hereby designated the County Seat of Washington
County.
Washita County: Said County shall be and remain, as it now
exists under the Territory of Oklahoma, until hereafter changed under
the provisions of this Constitution. Cordell is hereby designated
the County Seat of Washita County.
Woods County: Beginning on the State line between Kansas and
Oklahoma at its intersection with the center line of the Cimarron
River in range twenty-one West; thence eastward along said State line
to its intersection with the range line between ranges twelve and
thirteen West; thence south along said range line to its intersection
with the center line of the Cimarron River; thence up along the
center line of said Cimarron River to its intersection with the
township line between townships twenty-three and twenty-four North;
thence west along said township line to its intersection with the
range line between ranges sixteen and seventeen West; thence north
along said range line to its intersection with the center line of the
Cimarron River; thence up along the center line of said Cimarron
River to the point of beginning. Alva is hereby designated the
County Seat of Woods County.
Woodward County: Beginning on the center line of the Cimarron
River at its intersection with the range line between ranges nineteen
and twenty West; thence southeastwardly along the center line of said
Cimarron River to its intersection with the range line between ranges
sixteen and seventeen West; thence south along said range line to its
intersection with the south boundary line of said County, as it now
exists under the Territory of Oklahoma; thence westward along said
line to its intersection with the range line between ranges twenty-
two and twenty-three West; thence north along said range line to its
intersection with the township line between townships twenty-four and
twenty-five North; thence east along said township line to its
intersection with the range line between ranges nineteen and twenty
West; thence north along said range line to the point of beginning.
Woodward is hereby designated the County Seat of Woodward County.
ARTICLE XVIII - Municipal Corporations
SECTION XVIII-1. Creation - General or special laws -
Classification.
Municipal corporations shall not be created by special laws, but
the Legislature, by general laws shall provide for the incorporation
and organization of cities and towns and the classification of same
in proportion to population, subject to the provisions of this
article.
SECTION XVIII-2. Existing municipal corporations continued - Rights
and powers.
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Every municipal corporation now existing within this State shall
continue with all of its present rights and powers until otherwise
provided by law, and shall always have the additional rights and
powers conferred by the Constitution.
SECTION XVIII-6. Business or enterprise - Right to engage in.
Every municipal corporation within this State shall have the
right to engage in any business or enterprise which may be engaged in
by a person, firm, or corporation by virtue of a franchise from said
corporation.
SECTION XVIII-7. Control and regulation not divested - Surrender of
powers - Exclusive franchises.
No grant, extension, or renewal of any franchise or other use of
the streets, alleys, or other public grounds or ways of any
municipality, shall divest the State, or any of its subordinate
subdivisions, of their control and regulation of such use and
enjoyment.
Nor shall the power to regulate the charges for public services
be surrendered; and no exclusive franchise shall ever be granted.
SECTION XVIII-3(a). Framing and adoption of charter - Approval by
Governor - Effect - Record - Amendment.
Any city containing a population of more than two thousand
inhabitants may frame a charter for its own government, consistent
with and subject to the Constitution and laws of this State, by
causing a board of freeholders, composed of two from each ward, who
shall be qualified electors of said city, to be elected by the
qualified electors of said city, at any general or special election,
whose duty it shall be, within ninety days after such election, to
prepare and propose a charter for such city, which shall be signed in
duplicate by the members of such board or a majority of them, and
returned, one copy of said charter to the chief executive officer of
such city, and the other to the Register of Deeds of the county in
which said city shall be situated. Such proposed charter shall then
be published in one or more newspapers published and of general
circulation within said city, for at least twenty-one days, if in a
daily paper, or in three consecutive issues, if in a weekly paper,
and the first publication shall be made within twenty days after the
completion of the charter; and within thirty days, and not earlier
than twenty days after such publication, it shall be submitted to the
qualified electors of said city at a general or special election, and
if a majority of such qualified electors voting thereon shall ratify
the same, it shall thereafter be submitted to the Governor for his
approval, and the Governor shall approve the same if it shall not be
in conflict with the Constitution and laws of this State. Upon such
approval it shall become the organic law of such city and supersede
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any existing charter and all amendments thereof and all ordinances
inconsistent with it. A copy of such charter, certified by the chief
executive officer, and authenticated by the seal of such city,
setting forth the submission of such charter to the electors and its
ratification by them shall, after the approval of such charter by the
Governor, be made in duplicate and deposited, one in the office of
the Secretary of State, and the other, after being recorded in the
office of said Register of Deeds, shall be deposited in the archives
of the city; and thereafter all courts shall take judicial notice of
said charter. The charter so ratified may be amended by proposals
therefor, submitted by the legislative authority of the city to the
qualified electors thereof (or by petition as hereinafter provided)
at a general or special election, and ratified by a majority of the
qualified electors voting thereon, and approved by the Governor as
herein provided for the approval of the charter.
SECTION XVIII-3(b). Election of board of freeholders.
An election of such board of freeholders may be called at any
time by the legislative authority of any such city, and such election
shall be called by the chief executive officer of any such city
within ten days after there shall have been filed with him a petition
demanding the same, signed by a number of qualified electors residing
within such city, equal to twenty-five per centum of the total number
of votes cast at the next preceding general municipal election; and
such election shall be held not later than thirty days after the call
therefor. At such election a vote shall be taken upon the question
of whether or not further proceedings toward adopting a charter shall
be had in pursuance to the call, and unless a majority of the
qualified electors voting thereon shall vote to proceed further, no
further proceeding shall be had, and all proceedings up to that time
shall be of no effect.
SECTION XVIII-4(a). Reservation of powers.
The powers of the initiative and referendum, reserved by this
Constitution to the people of the State and the respective counties
and districts therein, are hereby reserved to the people of every
municipal corporation now existing or which shall hereafter be
created within this State, with reference to all legislative
authority which it may exercise, and amendments to charters for its
own government in accordance with the provisions of this
Constitution.
SECTION XVIII-4(b). Petition - Signatures - Filing.
Every petition for either the initiative or referendum in the
government of a municipal corporation shall be signed by a number of
qualified electors residing within the territorial limits of such
municipal corporation, equal to twenty-five per centum of the total
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number of votes cast at the next preceding election, and every such
petition shall be filed with the chief executive officer of such
municipal corporation.
SECTION XVIII-4(c). Presentation of petition to legislative body -
Submission to voters.
When such petition demands the enactment of an ordinance or other
legal act other than the grant, extension, or renewal of a franchise,
the chief executive officer shall present the same to the legislative
body of such corporation at its next meeting, and unless the said
petition shall be granted more than thirty days before the next
election at which any city officers are to be elected, the chief
executive officer shall submit the said ordinance or act so
petitioned for, to the qualified electors at said election; and if a
majority of said electors voting thereon shall vote for the same, it
shall thereupon become in full force and effect.
SECTION XVIII-4(d). Submission to referendum vote.
When such petition demands a referendum vote upon any ordinance
or any other legal act other than the grant, extension, or renewal of
a franchise, the chief executive officer shall submit said ordinance
or act to the qualified electors of said corporation at the next
succeeding general municipal election, and if, at said election, a
majority of the electors voting thereon shall not vote for the same,
it shall thereupon stand repealed.
SECTION XVIII-4(e). Submission of amendment to charter.
When such petition demands an amendment to a charter, the chief
executive officer shall submit such amendment to the qualified
electors of said municipal corporation at the next election of any
officers of said corporation and if, at said election, a majority of
said electors voting thereon shall vote for such amendment, the same
shall thereupon become an amendment to and a part of said charter,
when approved by the Governor and filed in the same manner and form
as an original charter is required by the provisions of this article
to be approved and filed.
SECTION XVIII-5(a). Grant, extension or renewal - Approval by voters
- Term.
No municipal corporation shall ever grant, extend, or renew a
franchise, without the approval of a majority of the qualified
electors residing within its corporate limits, who shall vote thereon
at a general or special election; and the legislative body of any
such corporation may submit any such matter for approval or
disapproval to such electors at any general municipal election, or
call a special election for such purpose at any time upon thirty
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days' notice; and no franchise shall be granted, extended, or renewed
for a longer term than twenty-five years.
SECTION XVIII-5(b). Petition - Calling election - Result of
election.
Whenever a petition signed by a number of qualified electors of
any municipal corporation equal to twenty-five per centum of the
total number of votes cast at the next preceding general municipal
election, demanding that a franchise be granted, extended, or
renewed, shall be filed with the chief executive officer of said
corporation, the chief executive officer shall, within ten days
thereafter, call a special election, at which he shall submit the
question of whether or not such franchise shall be granted, extended,
or renewed, and if, at said election, a majority of the said electors
voting thereon shall vote for the grant, extension, or renewal of
such franchise, the same shall be granted by the proper authorities
at the next succeeding regular meeting of the legislative body of the
city.
ARTICLE XIX - Insurance
SECTION XIX-1. Foreign insurance companies - Conditions of doing
business.
No foreign insurance company shall be granted a license or
permitted to do business in this State until it shall have complied
with the laws of the State, including the deposit of such collateral
or indemnity for the protection of its patrons within this State as
may be prescribed by law, and shall agree to pay all such taxes and
fees as may at any time be imposed by law or act of the Legislature,
on foreign insurance companies, and a refusal to pay such taxes or
fees shall work a forfeiture of such license.
SECTION XIX-2. Entrance fees - Annual tax.
Until otherwise provided by law, all foreign insurance companies,
including surety and bond companies, doing business in the State,
except fraternal insurance companies, shall pay to the Insurance
Commissioner for the use of the State, an entrance fee as follows:
Each foreign Life Insurance Company, per annum, two hundred
dollars; each Foreign Fire Insurance Company, per annum, one hundred
dollars; each Foreign Accident and Health Insurance Company, jointly,
per annum, one hundred dollars; each Surety and Bond Company, per
annum, one hundred and fifty dollars; each Plate Glass Insurance
Company, (not accident), per annum, twenty-five dollars; each foreign
live stock insurance company, per annum, twenty-five dollars.
Until otherwise provided by law, domestic companies excepted,
each insurance company, including surety and bond companies, doing
business in this State, shall pay an annual tax of two per centum on
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all premiums collected in the State, after all cancellations are
deducted, and a tax of three dollars on each local agent.
SECTION XIX-3. Non-profit insurance organizations.
The revenue and tax provisions of this Constitution shall not
include, but the State shall provide for, the following classes of
insurance organizations not conducted for profit, and insuring only
their own members:
First, farm companies insuring farm property and products
thereon; second, Trades Insurance Companies insuring the property and
interest of one line of business; third, Fraternal Life, Health, and
Accident Insurance in Fraternal and Civic Orders, and in all of which
the interests of the members of each respectively shall be uniform
and mutual.
SECTION XIX-4. Fees paid to State Treasurer.
All fees collected by the Insurance Commissioner shall be paid to
the State Treasurer monthly.
ARTICLE XX - Manufacture and Commerce
SECTION XX-1. Denaturized alcohol - Manufacture and sale.
Nothing herein shall prevent the manufacture or sale of
denaturized alcohol under such regulations as may be prescribed by
law.
SECTION XX-2. Kerosene oil - Flash test - Specific gravity test.
Until changed by the Legislature, the flash test provided for
under the laws of Oklahoma Territory for all kerosene oil for
illuminating purposes shall be 115 degrees Fahrenheit; and the
specific gravity test for all such oil shall be 40 degrees Baume.
ARTICLE XXI - Public Institutions
SECTION XXI-1. Establishment and support.
Educational, reformatory, and penal institutions and those for
the benefit of the insane, blind, deaf, and mute, and such other
institutions as the public good may require, shall be established and
supported by the State in such manner as may be prescribed by law.
ARTICLE XXII - Alien and Corporate Ownership of Lands
SECTION XXII-1. Aliens - Ownership of land prohibited - Disposal of
lands acquired.
No alien or person who is not a citizen of the United States,
shall acquire title to or own land in this state, and the Legislature
shall enact laws whereby all persons not citizens of the United
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States, and their heirs, who may hereafter acquire real estate in
this state by devise, descent, or otherwise, shall dispose of the
same within five years upon condition of escheat or forfeiture to the
State: Provided, This shall not apply to Indians born within the
United States, nor to aliens or persons not citizens of the United
States who may become bona fide residents of this State: And
Provided Further, That this section shall not apply to lands now
owned by aliens in this State.
SECTION XXII-2. Corporations - Buying, acquiring or dealing in real
estate.
No corporation shall be created or licensed in this State for the
purpose of buying, acquiring, trading, or dealing in real estate
other than real estate located in incorporated cities and towns and
as additions thereto; nor shall any corporation doing business in
this State buy, acquire, trade, or deal in real estate for any
purpose except such as may be located in such towns and cities and as
additions to such towns and cities, and further except such as shall
be necessary and proper for carrying on the business for which it was
chartered or licensed; and provided further that under limitations
prescribed by the legislature, any corporation may acquire real
estate for lease or sale to any other corporation, if such latter
corporation could have legally acquired the same in the first
instance; nor shall any corporation be created or licensed to do
business in this State for the purpose of acting as agent in buying
and selling or leasing land for agricultural purposes; provided,
however, that corporations shall not be precluded from taking
mortgages on real estate to secure loans or debts, or from acquiring
title thereto upon foreclosure of such mortgages or in the collection
of debts, conditioned that such corporation or corporations shall not
hold such real estate for a longer period than seven (7) years after
acquiring such title; and provided, further, that this Section shall
not apply to trust companies taking only the naked title to real
estate in this State as a trustee, to be held solely as security for
indebtedness pursuant to such trust; and provided, further, that no
public service corporation shall hold any land, or the title thereof,
in any way whatever in this State, except as the same shall be
necessary for the transaction and operation of its business as such
public service corporation.
Amended by State Question No. 358, Referendum Petition No. 104,
adopted at primary election held on July 6, 1954.
ARTICLE XXIII - Miscellaneous
SECTION XXIII-1. Hours of labor on public work.
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Eight hours shall constitute a day's work in all cases of
employment by and on behalf of the State or any county or
municipality.
SECTION XXIII-1A.. Right to work.
A. As used in this section, "labor organization" means any
organization of any kind, or agency or employee representation
committee or union, that exists for the purpose, in whole or in part,
of dealing with employers concerning wages, rates of pay, hours of
work, other conditions of employment, or other forms of compensation.
B. No person shall be required, as a condition of employment or
continuation of employment, to:
1. Resign or refrain from voluntary membership in, voluntary
affiliation with, or voluntary financial support of a labor
organization;
2. Become or remain a member of a labor organization;
3. Pay any dues, fees, assessments, or other charges of any kind
or amount to a labor organization;
4. Pay to any charity or other third party, in lieu of such
payments, any amount equivalent to or pro rata portion of dues, fees,
assessments, or other charges regularly required of members of a
labor organization; or
5. Be recommended, approved, referred, or cleared by or through
a labor organization.
C. It shall be unlawful to deduct from the wages, earnings, or
compensation of an employee any union dues, fees, assessments, or
other charges to be held for, transferred to, or paid over to a labor
organization unless the employee has first authorized such deduction.
D. The provisions of this section shall apply to all employment
contracts entered into after the effective date of this section and
shall apply to any renewal or extension of any existing contract.
E. Any person who directly or indirectly violates any provision
of this section shall be guilty of a misdemeanor.
Added by State Question No. 695, Legislative Referendum No. 322,
adopted at Special Election held on Sept. 25, 2001.
SECTION XXIII-2. Contracting prohibited.
The contracting of convict labor is hereby prohibited.
SECTION XXIII-3. Children under fifteen.
The employment of children, under the age of fifteen years, in
any occupation, injurious to health or morals or especially hazardous
to life or limb, is hereby prohibited.
SECTION XXIII-4. Employment underground - Hours of labor
underground.
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Boys and girls under the age of eighteen years shall not be
employed, underground, in the operation of mines; and, except in
cases of emergency, eight hours shall constitute a day's work
underground in all mines in the State.
Amended by State Question No. 589, Legislative Referendum No. 253,
adopted at election held on Nov. 4, 1986. Amendment proposed by Laws
1985, p. 1666, S.J.R. No. 16, § 1.
SECTION XXIII-5. Health and safety of employees.
The Legislature shall pass laws to protect the health and safety
of employees in factories, in mines, and on railroads.
SECTION XXIII-6. Contributory negligence - Assumption of risk -
Questions for jury.
The defense of contributory negligence or of assumption of risk
shall, in all cases whatsoever, be a question of fact, and shall, at
all times, be left to the jury.
SECTION XXIII-7. Right of action - Amount of recovery -
Exclusiveness of remedy under Workers' Compensation Law.
The right of action to recover damages for injuries resulting in
death shall never be abrogated, and the amount recoverable shall not
be subject to any statutory limitation, provided however, that the
Legislature may provide an amount of compensation under the Workers'
Compensation Law for death resulting from injuries suffered in
employment covered by such law, in which case the compensation so
provided shall be exclusive, and the Legislature may enact statutory
limits on the amount recoverable in civil actions or claims against
the state or any of its political subdivisions.
Amended by State Question No. 345, Referendum Petition No. 96,
adopted at election held on July 4, 1950; State Question No. 586,
Legislative Referendum No. 250, adopted at election held on April 30,
1985.
SECTION XXIII-8. Contracts waiving benefits of Constitution invalid.
Any provision of a contract, express or implied, made by any
person, by which any of the benefits of this Constitution is sought
to be waived, shall be null and void.
SECTION XXIII-9. Notice or demand, stipulation for.
Any provision of any contract or agreement, express or implied,
stipulating for notice or demand other than such as may be provided
by law, as a condition precedent to establish any claim, demand, or
liability, shall be null and void.
SECTION XXIII-10. Change of salary during term - Extension of term -
Continuance until qualification of successor.
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Except wherein otherwise provided in this Constitution, in no
case shall the salary or emoluments of any public official be changed
after his election or appointment, or during his term of office,
unless by operation of law enacted prior to such election or
appointment; nor shall the term of any public official be extended
beyond the period for which he was elected or appointed: Provided,
That all officers within this State shall continue to perform the
duties of their offices until their successors shall be duly
qualified.
SECTION XXIII-11. Repealed by State Question No. 527, Legislative
Referendum No. 221, adopted at election held Nov. 7, 1978. Repeal
proposed by Laws 1977, p. 982, S.J.R. No. 20.
SECTION XXIII-12.. State-administered retirement systems -
Limitation on use of monies.
All the proceeds, assets and income of any public retirement
system administered by an agency of the State of Oklahoma shall be
held, invested, or disbursed as provided for by law as in trust for
the exclusive purpose of providing for benefits, refunds, investment
management, and administrative expenses of the individual public
retirement system, and shall not be encumbered for or diverted to any
other purposes.
Added by State Question No. 645, Legislative Referendum No. 289,
adopted at election held on November 3, 1992.
ARTICLE XXIV - Constitutional Amendments
SECTION XXIV-1. Amendments proposed by Legislature - Submission to
vote.
Any amendment or amendments to this Constitution may be proposed
in either branch of the Legislature, and if the same shall be agreed
to by a majority of all the members elected to each of the two (2)
houses, such proposed amendment or amendments shall, with the yeas
and nays thereon, be entered in their journals and referred by the
Secretary of State to the people for their approval or rejection, at
the next regular general election, except when the Legislature, by a
two-thirds (2/3) vote of each house, shall order a special election
for that purpose. If a majority of all the electors voting on any
proposed amendment at such election shall vote in favor thereof, it
shall thereby become a part of this Constitution.
No proposal for the amendment or alteration of this Constitution
which is submitted to the voters shall embrace more than one general
subject and the voters shall vote separately for or against each
proposal submitted; provided, however, that in the submission of
proposals for the amendment of this Constitution by articles, which
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embrace one general subject, each proposed article shall be deemed a
single proposal or proposition.
Amended by State Question No. 353, Referendum Petition No. 100,
adopted at election held July 1, 1952; State Question No. 496,
Legislative Referendum No. 199, adopted at election held on Aug. 27,
1974.
SECTION XXIV-2. Constitutional convention to propose amendments or
new constitution.
No convention shall be called by the Legislature to propose
alterations, revisions, or amendments to this Constitution, or to
propose a new Constitution, unless the law providing for such
convention shall first be approved by the people on a referendum vote
at a regular or special election, and any amendments, alterations,
revisions, or new Constitution, proposed by such convention, shall be
submitted to the electors of the State at a general or special
election and be approved by a majority of the electors voting
thereon, before the same shall become effective: Provided, That the
question of such proposed convention shall be submitted to the people
at least once in every twenty years.
SECTION XXIV-3. Right of amendment by initiative petition not
impaired.
This article shall not impair the right of the people to amend
this Constitution by a vote upon an initiative petition therefor.
ARTICLE XXV - Social Security
SECTION XXV-1. Relief and care of needy aged and disabled persons -
Co-operation with Federal plan.
In order to promote the general welfare of the people of the
State of Oklahoma and for their protection, security, and benefit,
the Legislature and the people by initiative petition are hereby
authorized to provide by appropriate legislation for the relief and
care of needy aged persons who are unable to provide for themselves,
and other needy persons who, on account of immature age, physical
infirmity, disability, or other cause, are unable to provide or care
for themselves; Provided, the Legislature or the people by initiative
petition, are further authorized, in co-operation with and under any
plan authorized by the Federal Government for State participation, to
provide by appropriate legislation for the relief and care of aged or
needy persons.
The levy of taxes, other than ad valorem taxes, necessary to
carry into effect legislation enacted pursuant thereto, is hereby
authorized.
Added by State Question No. 225, Initiative Petition No. 154, adopted
at election held on July 7, 1936. Amended by State Question No. 299,
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Referendum No. 81, adopted at special election held on March 11,
1941.
SECTION XXV-2. Repealed by State Question No. 765, Legislative
Referendum No. 362, adopted at election held Nov. 6, 2012.
SECTION XXV-3. Repealed by State Question No. 765, Legislative
Referendum No. 362, adopted at election held Nov. 6, 2012.
SECTION XXV-4. Repealed by State Question No. 765, Legislative
Referendum No. 362, adopted at election held Nov. 6, 2012.
SECTION XXV-5. Effect of legislation contemporaneously adopted.
Any legislation under the authority herein granted, adopted
contemporaneously with the adoption of this amendment, shall have the
same force and effect as if same had been initiated and adopted
subsequent to the adoption of this amendment.
Added by State Question No. 225, Initiative Petition No. 154, adopted
at election held on July 7, 1936.
SECTION XXV-6. Department to administer human services and public
welfare.
For the purpose of effectively administering and carrying into
execution all laws enacted pursuant to the authority granted in
Section 1 of this Article, the Legislature is hereby authorized to
create a department or departments charged with the duty and
responsibility of faithfully administering and carrying into
execution all laws enacted pursuant to the authority granted in
Section 1 of this Article and shall perform such other duties as may,
from time to time, be prescribed by law.
Added by State Question No. 765, Legislative Referendum No. 362,
adopted at election held Nov. 6, 2012.
ARTICLE XXVI - Department of Wildlife Conservation
SECTION XXVI-1. Creation of Department - Wildlife Conservation
Commission - Membership - Appointment - Tenure - Vacancies - Oath and
Bonds.
There is hereby created a Department of Wildlife Conservation of
the State of Oklahoma and an Oklahoma Wildlife Conservation
Commission. The Department of Wildlife Conservation shall be
governed by the Wildlife Conservation Director, hereinafter created,
under such rules, regulations and policies as may be prescribed from
time to time by the Oklahoma Wildlife Conservation Commission. Such
rules and regulations and amendments thereof shall be filed and
recorded in the office of the Secretary of State, and shall become
effective on the tenth (10th) day following such filing.
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Said Commission shall be composed of eight (8) members to be
appointed by the Governor by and with the consent of the Senate and
shall be removable only for cause, as provided by law for the removal
of officers not subject to impeachment; one (1) member from each of
eight (8) districts as the same are presently defined by Title 29
O.S.1951, Section 104. The term of office of each such member shall
be eight (8) years, except that the first appointed members shall
hold office for terms as follows: the member appointed from the
first district shall hold office until July 1st following his
appointment, and the members appointed from the second, third,
fourth, fifth, sixth, seventh and eighth districts shall hold office
until July 1st of the second, third, fourth, fifth, sixth, seventh
and eighth succeeding calendar years, respectively. In the event the
Governor fails to fill a vacancy within thirty (30) days following
such vacancy, the remaining members of the Commission may appoint a
qualified person to fill such vacancy for the unexpired portion of
the term.
The members of the Commission shall receive no salary or other
compensation for their services, other than per diem and expenses as
may be authorized by the Legislature.
Each member of the Commission shall take the oaths required of
other State officers, and each shall execute a good and sufficient
corporate surety bond in the sum of Ten Thousand Dollars ($10,000.00)
payable to the State of Oklahoma, and conditioned upon the faithful
performance of duty, and the premium thereon shall be payable by the
State.
Added by State Question No. 374, Referendum Petition No. 115, adopted
at election held on July 3, 1956.
SECTION XXVI-2. Game and fish laws not repealed - Acquisition of
property.
Nothing in this Act shall repeal any existing laws now on the
Statute, pertaining to game and fish.
The Commission may acquire by purchase, gift, grants-in-aid from
the Federal Government, or otherwise, all property necessary, useful
or convenient for its use in carrying out the objects and purposes of
this Article.
Added by State Question No. 374, Referendum Petition No. 115, adopted
at election held on July 3, 1956.
SECTION XXVI-3. Director of Wildlife Conservation.
A Director of Wildlife Conservation shall be appointed by a
majority vote of the entire Commission, who shall be removed only for
cause and after public hearing by the Commission. His duties and
compensation for his services shall be fixed by a majority vote of
the entire Commission.
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The Director shall, with the approval of the Commission, appoint
such assistants and employees as the Commission may deem necessary.
The Commission shall determine the qualifications of the
Director, all assistants and employees. No Commissioner shall be
eligible for employment as Director or otherwise.
Added by State Question no. 374, Referendum Petition No. 115, adopted
at election held on July 3, 1956.
SECTION XXVI-4. Disposition of funds.
The fees, monies, or funds arising from the operation and
transactions of said Commission and from the application and the
administration of the laws and regulations pertaining to the bird,
fish, game and wildlife resources of the State and from the sale of
property used for said purposes shall be expended and used by said
Commission for the control, management, restoration, conservation and
regulation of the bird, fish, game and wildlife resources of the
State, including the purchase or other acquisition of property for
said purposes, and for the administration of the laws pertaining
thereto and for no other purpose.
Added by State Question No. 374, Referendum Petition No. 115, adopted
at election held on July 3, 1956.
ARTICLE XXVII - Oklahoma Alcoholic Beverage Control Board (repealed)
SECTION XXVII-1. Repealed by State Question No. 563, Initiative
Petition No. 319, adopted at election held on Sept. 18, 1984.
SECTION XXVII-2. Repealed by State Question No. 563, Initiative
Petition No. 319, adopted at election held on Sept. 18, 1984.
SECTION XXVII-3. Repealed by State Question No. 563, Initiative
Petition No. 319, adopted at election held on Sept. 18, 1984.
SECTION XXVII-4. Repealed by State Question No. 563, Initiative
Petition No. 319, adopted at election held on Sept. 18, 1984.
SECTION XXVII-5. Repealed by State Question No. 563, Initiative
Petition No. 319, adopted at election held on Sept. 18, 1984.
SECTION XXVII-6. Repealed by State Question No. 563, Initiative
Petition No. 319, adopted at election held on Sept. 18, 1984.
SECTION XXVII-7. Repealed by State Question No. 563, Initiative
Petition No. 319, adopted at election held on Sept. 18, 1984.
SECTION XXVII-8. Repealed by State Question No. 563, Initiative
Petition No. 319, adopted at election held on Sept. 18, 1984.
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SECTION XXVII-9. Repealed by State Question No. 563, Initiative
Petition No. 319, adopted at election held on Sept. 18, 1984.
SECTION XXVII-10. Repealed by State Question No. 563, Initiative
Petition No. 319, adopted at election held on Sept. 18, 1984.
SECTION XXVII-11. Repealed by State Question No. 563, Initiative
Petition No. 319, adopted at election held on Sept. 18, 1984.
ARTICLE XXVIII - Alcoholic Beverage Laws and Enforcement
SECTION XXVIII-1. Creation of Commission - Appointment - Membership
- Powers – Tenure.
Text effective until Oct. 1, 2018
There is hereby created the Alcoholic Beverage Laws Enforcement
Commission. The purpose of the Commission shall be to enforce the
alcoholic beverage laws of the State, and the Commission shall have
such power and authority to enforce such laws, rules and regulations
as shall be prescribed by the Legislature.
The Commission shall consist of seven (7) members, to be
appointed by the Governor with the advice and consent of the State
Senate. Five (5) of the members shall be at-large members
representing the lay citizenry. The remaining two (2) members shall
be persons with law enforcement experience in the State. Any time
there is a vacancy on the Commission the Governor shall appoint a
replacement, with the advice and consent of the State Senate, within
ninety (90) days. Members of the Commission shall be appointed for a
term of five (5) years. The Commission shall appoint a Director,
whose duties shall be defined by the Legislature. No more than four
(4) members of the Commission shall be appointed from the same
political party. No more than two (2) members of the Commission
shall be appointed from the same federal congressional district.
No member of the Commission shall hold any license authorized by
this Article, or have any interest in any capacity, in the
manufacture, sale, distribution or transportation of alcoholic
beverages.
The members of the Commission shall be removable from office for
cause as other officers not subject to impeachment.
Added by State Question No. 563, Initiative Petition No. 319, adopted
at election held on Sept. 18, 1984. Repealed by State Question No.
792, Legislative Referendum No. 370, adopted at election held on Nov.
8, 2016, eff. Oct. 1, 2018.
SECTION XXVIII-1.A. Transition from the Alcoholic Beverage Control
Board to the Alcoholic Beverage Laws Enforcement Commission.
Text effective until Oct. 1, 2018
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The Alcoholic Beverage Control Board shall continue to exist and
operate after passage of this Article, until such time as the
Commission is fully constituted, at which time the Alcoholic Beverage
Control Board shall be abolished. The present five (5) members of
the Alcoholic Beverage Control Board shall automatically become the
five (5) at-large members on the initial transition Commission. For
purposes of the initial transition Commission the five (5) year term
of appointment shall not apply to these at-large members. These
members shall serve from the date of the Commission's constitution
until the time that their terms on the Alcoholic Beverage Control
Board would have expired, at which time a replacement at-large member
shall be appointed by the Governor, with the advice and consent of
the Senate, within ninety (90) days. The other two (2) members with
law enforcement experience in the state shall be appointed by the
Governor, with the advice and consent of the State Senate, within
ninety (90) days after passage of this Article. For purposes of the
initial transition Commission the prohibitions against appointing
more than two (2) members from any federal congressional district and
more than four (4) members from the same political party shall not
apply.
Added by State Question No. 563, Initiative Petition No. 319, adopted
at election held on Sept. 18, 1984. Repealed by State Question No.
792, Legislative Referendum No. 370, adopted at election held on Nov.
8, 2016, eff. Oct. 1, 2018.
SECTION XXVIII-2. Exclusion of beer or cereal malt beverages
containing not more than 3.2% of alcohol by weight
Text effective until Oct. 1, 2018
The terms and provisions of this Amendment, and laws enacted by
the Legislature pursuant hereto, shall not include nor apply to any
beer or cereal malt beverage containing not more than three and two-
tenths percent (3.2%) of alcohol by weight; provided, however,
nothing shall prohibit a person authorized to sell alcoholic
beverages by the individual drink for on-premises consumption from
also becoming qualified to sell any beer or cereal malt beverage
containing not more than three and two-tenths percent (3.2%) of
alcohol by weight in the same location.
Added by State Question No. 563, Initiative Petition No. 319, adopted
at election held on Sept. 18, 1984. Repealed by State Question
No.792, Legislative Referendum No. 370, adopted at election held on
Nov. 8, 2016, eff. Oct. 1 2018.
SECTION XXVIII-3. Enactment of laws by Legislature -
Nondiscriminatory sales to licensed wholesale distributors -
Winemakers
Text effective until Oct. 1, 2018
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A. The Legislature shall enact laws providing for the strict
regulation, control, licensing, and taxation of the manufacture,
sale, distribution, possession, and transportation of alcoholic
beverages, consistent with the provisions of this Amendment.
Provided, that any manufacturer, or subsidiary of any manufacturer,
who markets his or her product solely through a subsidiary or
subsidiaries, a distiller, rectifier, bottler, winemaker, brewer, or
importer of alcoholic beverages, bottled or made in a foreign
country, either within or without this state, shall be required to
sell such brands or kinds of alcoholic beverages to every licensed
wholesale distributor who desires to purchase the same, on the same
price basis and without discrimination, and shall further be required
to sell such beverages only to those distributors licensed as
wholesale distributors. Winemakers either within or without this
state shall be required to sell wine they produce to every licensed
wholesale distributor who desires to purchase the wine, but
winemakers shall not be required to sell the wine they produce only
to licensed wholesale distributors. Winemakers either within or
without this state may sell wine produced at the winery to adult
consumers who are at least twenty-one (21) years of age and are
physically present on the premises of the winery or at a festival or
trade show. Winemakers either within or without this state that
annually produce no more than ten thousand (10,000) gallons of wine
may sell and ship only the wine they produce directly to licensed
retail package stores and restaurants in this state; provided,
however, that any such winemaker which elects to directly sell its
wine to package stores and restaurants shall not also use a licensed
wholesale distributor as a means of distribution, and shall be
required to sell its wines to every package store and restaurant
licensee who desires to purchase the same, as supplies allow, on the
same price basis and without discrimination. As used in this
section, “restaurant” means an establishment that is licensed to sell
alcoholic beverages by the individual drink for on-premises
consumption and where food is prepared and sold for immediate
consumption on the premises.
B. Any winemaker within or without this state that annually
produces no more than ten thousand (10,000) gallons of wine and
elects to directly sell its wine to retail package stores and
restaurants in this state must self-distribute the wine using only
vehicle(s) owned or leased by the winemaker, and without the use of a
common or private contract carrier.
C. All laws passed by the Legislature under the authority of the
Article shall be consistent with this provision. All provisions of
this amendment are declared to be interdependent. If any provision
of this amendment applicable to winemakers is ruled to be
unconstitutional by a court of competent jurisdiction, then no
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winemaker shall be permitted to directly sell its wine to retail
package stores or restaurants in this state.
Added by State Question No. 563, Initiative Petition No. 319, adopted
at election held on Sept. 18, 1984. Amended by State Question No.
591, Legislative Referendum No. 255, adopted at election held on Nov.
4, 1986; State Question No. 663, Legislative Referendum No. 297,
adopted at election held on Nov. 8, 1994; State Question No. 688,
Legislative Referendum No. 317, adopted at election held on Nov. 7,
2000; State Question No. 743, Legislative Referendum No. 346, adopted
at election held on Nov. 4, 2008. Repealed by State Question No.
792, Legislative Referendum No. 370, adopted at election held on Nov.
8, 2016, eff. Oct. 1, 2018.
SECTION XXVIII-4. Retail sales by package stores and wineries and by
the individual drink
Text effective until Oct. 1, 2018
Except as hereinafter provided, retail sales of alcoholic
beverages shall be limited to the original sealed package, by
privately owned and operated package stores, in cities and towns
having a population in excess of two hundred (200) persons or by
wineries; provided that wineries shall be able to sell only wine
which has been produced on the winery premises. No goods, wares, or
merchandise shall be sold and no services shall be rendered on the
same premises on which retail package alcoholic beverages are sold.
Said premises are herein defined to be the entire space in which
retail package alcoholic beverages are sold or displayed and said
premises must be separated from any premises on which any other
goods, wares, or merchandise are sold or services rendered by walls
which may only be broken by a passageway to which the public is not
admitted; provided, the restriction on the sale of merchandise and
rendering of services shall not apply to the premises of a winery.
Not more than one retail package license shall be issued to any
person or general or limited partnership.
Retail sale of alcoholic beverages by the individual drink for
on-premises consumption is hereby authorized within a county if the
voters of such county have previously approved such retail sale at an
election.
Added by State Question No. 563, Initiative Petition No. 319, adopted
at election held on Sept 18, 1984. Amended by State Question No.
591, Legislative Referendum No. 255, adopted at election held on Nov.
4, 1986; State Question No. 663, Legislative Referendum No. 297,
adopted at election held on Nov. 8, 1994. Repealed by State Question
No. 792, Legislative Referendum No. 370, adopted at election held on
Nov. 8, 2016, eff. Oct. 1, 2018.
SECTION XXVIII-5. Prohibition of sales to certain persons -
Limitation on advertising - Penalties
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Text effective until Oct. 1, 2018
It shall be unlawful for any licensee to sell or furnish any
alcoholic beverage to:
A person under twenty-one (21) years of age; or
A person who has been adjudged insane or mentally deficient; or
A person who is intoxicated.
Sales, gifts, or deliveries to persons under twenty-one (21)
years of age shall be deemed a felony; and any license issued
pursuant to any law, in compliance with this Amendment, shall be
revoked, upon conviction for such sale, gift, or delivery.
It shall be unlawful for any person, firm, or corporation to
advertise the sale of alcoholic beverages within the State of
Oklahoma, except by a sign at retail package stores bearing the words
"Retail Alcoholic Liquor Store."
Sales to insane, mentally deficient, or intoxicated persons shall
be deemed a felony.
Any person under the age of twenty-one (21) years who
misrepresents his age, for the purpose of obtaining the purchase of
any alcoholic beverage, shall be guilty of a misdemeanor.
Added by State Question No. 563, Initiative Petition No. 319, adopted
at election held on Sept. 18, 1984. Repealed by State Question No.
792, Legislative Referendum No. 370, adopted at election held on Nov.
8, 2016, eff. Oct. 1, 2018.
SECTION XXVIII-6. Prohibition of sales on certain days - Penalties
Text effective until Oct. 1, 2018
(a) It shall be unlawful for any retail package store to sell,
at retail, any alcoholic beverage:
On the first day of the week, commonly called Sunday; and
On Decoration or Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, and Christmas Day.
(b) The voters of any county electing to authorize sales of
alcoholic beverages by the individual drink for on-premises
consumption under Section 4 hereof may designate as days on which
such sales are not authorized, any or all of those days listed in
subsection (a) of this section. It shall be unlawful for any
licensee or person to make any such sale within any such county on
days so designated.
(c) Any licensee or person violating the provisions of this
section shall be deemed guilty of a misdemeanor and any license
issued pursuant to provisions of this act shall be revoked upon
conviction for such sale in violation of this section.
Added by State Question No. 563, Initiative Petition No. 319, adopted
at election held on Sept. 18, 1984. Amended by State Question No.
733, Legislative Referendum No. 341, adopted at election held on Nov.
7, 2006. Repealed by State Question No. 792, Legislative Referendum
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No. 370, adopted at election held on Nov. 8, 2016, effective Oct. 1,
2018.
SECTION XXVIII-7. Taxation and licensing - Distribution of funds
Text effective until Oct. 1, 2018
The retail sale of alcoholic beverages shall be subject to the
sales tax statutes enacted by the Legislature and in addition thereto
the Legislature may levy taxes upon the manufacture, possession
and/or all sales of alcoholic beverages, including sales by retail
package stores and sales by the individual drink for on-premises
consumption, the proceeds of which, except sales tax, shall be
distributed as follows:
(a) The Oklahoma Tax Commission shall collect and distribute the
taxes collected under the terms of this Article and shall distribute
ninety-seven percent (97%) of such taxes as are levied and as are
attributable to retail sales by package stores as follows:
(1) One-third (1/3) of taxes attributable to sales by retail
package stores shall be allocated to the counties of the State of
Oklahoma on the basis of area and population (giving equal weight to
area and population) and all of said funds shall be appropriated by
the Board of County Commissioners in each county to all incorporated
cities and towns in said county on the basis of population within
each city and town on a per capita basis based on the last preceding
Federal Decennial Census.
(2) Two-thirds (2/3) of taxes attributable to sales by retail
package stores shall be credited to the General Revenue Fund of the
State of Oklahoma.
(b) The remaining three percent (3%) of taxes attributable to
sales of alcoholic beverages by retail package stores; and up to (3%)
of taxes attributable to sales of alcoholic beverages by the
individual drink for on-premises consumption, as shall be determined
by the State Legislature; shall be paid to the State Treasurer and
placed to the credit of the Oklahoma Tax Commission Fund, to be paid
out of said fund pursuant to appropriations made by the State
Legislature.
(c) The remaining taxes attributable to sales of alcoholic
beverages by the individual drink for on-premises consumption, shall
be credited to the General Revenue Fund of the State of Oklahoma. The
State Legislature shall appropriate to the Oklahoma Alcoholic
Beverage Laws Enforcement Commission from all available taxes
collected under this Article, whatever funds are necessary to provide
for full enforcement of the alcoholic beverage laws of the State.
(d) All State license fees shall be collected by the Oklahoma
Alcoholic Beverage Laws Enforcement Commission and deposited in the
State Treasury and after the expenses of the Commission, as approved
by the Legislature, have been deducted, the balance shall be credited
to the General Fund.
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Added by State Question No. 563, Initiative Petition No. 319, adopted
at election held on Sept. 18, 1984. Repealed by State Question No.
792, Legislative Referendum No. 370, at election held on Nov. 8,
2016, effective Oct. 1, 2018.
SECTION XXVIII-8. State and political subdivisions prohibited from
engaging in business
Text effective until Oct. 1, 2018
The State of Oklahoma, or any political subdivision thereof, or
any board, commission or agency thereof, is hereby prohibited from
engaging in any phase of the alcoholic beverage business, including
the manufacture, sale, transportation, or distribution thereof, at
wholesale or retail, and the maintenance, ownership, or operation of
warehouses or alcoholic beverage stores; except that if the voters of
a county in which a state lodge is located approve retail sale of
alcoholic beverages by the individual drink for on-premises
consumption, and if the State Legislature enacts legislation
approving such sales in any such lodges located in any such counties,
then such sales are authorized. The Legislature may enact laws
restricting the involvement of officers and employees of the state
and political subdivisions thereof in the alcoholic beverage
business.
Provided, that nothing herein shall prohibit the sale of
alcoholic beverages legally confiscated as provided by law.
Added by State Question No. 563, Legislative Referendum No. 319,
adopted at election held on Sept. 18, 1984. Amended by State
Question No. 638, Legislative Referendum No. 286, adopted at election
held on Sept. 18, 1990. Repealed by State Question No. 792,
Legislative Referendum No. 370, adopted at election held on Nov. 8,
2016, effective Oct. 1, 2018.
SECTION XXVIII-9. Occupation Tax
Text effective until Oct. 1, 2018
Incorporated cities and towns wherein the sale of alcoholic
beverages is lawful, may levy an occupation tax, not exceeding the
amount of the State license fees, for the manufacture, distribution,
or sale of alcoholic beverages.
Added by State Question No. 563, Initiative Petition No. 319, adopted
at election held on Sept. 18, 1984. Repealed by State Question No.
792, Legislative Referendum No. 370, adopted at election held Nov. 8,
2016, effective Oct. 1, 2018.
SECTION XXVIII-10. Restrictions on issuance of licenses.
Text effective until Oct. 1, 2018
No retail package store or wholesale distributor's license shall
be issued to:
(a) A corporation, business trust or secret partnership.
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(b) A person or partnership unless such person or all of the
copartners including limited partners shall have been residents of
the State of Oklahoma for at least ten (10) years immediately
preceding the date of application for such license.
(c) A person or a general or limited partnership containing a
partner who has been convicted of a violation of a prohibitory law
relating to the sale, manufacture, or the transportation of alcoholic
beverages which constituted a felony or misdemeanor.
(d) A person or a general or limited partnership containing a
partner who has been convicted of a felony.
No license to sell alcoholic beverages by the individual drink
for on-premises consumption shall be issued to:
(a) A person or a general or limited partnership containing a
partner who has been convicted of a violation of a prohibitory law
relating to the sale, manufacture, or the transportation of alcoholic
beverages which constituted a felony.
(b) A person or a general or limited partnership containing a
partner who has been convicted of a felony.
(c) A corporation which has an officer or director who has been
convicted of a violation of a prohibitory law relating to the sale,
manufacture, or the transportation of alcoholic beverages which
constituted a felony.
(d) A corporation which has an officer or director who has been
convicted of a felony.
Added by State Question No. 563, Initiative Petition No. 319, adopted
at election held on Sept. 18, 1984. Repealed by State Question No.
792, Legislative Referendum No. 370, adopted at election held Nov. 8,
2016, effective Oct. 1, 2018.
SECTION XXVIII-11. Repealer.
Article XXVII of the Constitution of the State of Oklahoma is
hereby repealed. The Prohibition Ordinance and Section 7, Article I
of the Constitution of the State of Oklahoma, previously repealed by
Article XXVII of the Constitution of the State of Oklahoma, are not
revived by this repealer.
Added by State Question No. 563, Initiative Petition No. 319, adopted
at election held on Sept. 18, 1984.
ARTICLE XXIX - Ethics Commission
SECTION XXIX-1. Ethics Commission - Appointments - Qualifications -
Terms - Vacancies - Quorum.
Ethics Commission - Appointments - Qualifications - Terms -
Vacancies - Quorum. A. There is hereby created the Ethics
Commission which shall consist of five members. The Governor,
Attorney General, President Pro Tempore of the Senate, Speaker of the
House of Representatives, and Chief Justice of the Supreme Court
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shall each appoint a person who is a registered voter of this State
to the Commission. The initial terms of the Governor's and Attorney
General's appointees shall be one year; the initial terms of the
President Pro Tempore's and Speaker's appointees shall be three
years, and the initial term of the Chief Justice's appointee shall be
five years. B. No congressional district shall be represented by
more than one Commissioner, and no more than three persons of the
same political registration shall serve on the Ethics Commission at
the same time. C. After the initial terms, members of the Ethics
Commission shall serve terms of five years. No person shall be
appointed to the Commission more than two times in succession, except
the initial members who serve less than five-year terms may be
appointed three times in succession. A vacancy on the Commission
shall be filled for the remainder of the unexpired term by the
appointing authority. D. The members of the Commission shall choose
a chair from among themselves. E. The term of office for a
Commissioner shall commence at noon on the second Monday in July. F.
No member of the Ethics Commission shall be eligible for elected
office for two years after completing his or her term. G. A
majority of the members serving shall constitute a quorum.
Added by State Question No. 627, Initiative Petition No. 341, adopted
at election held on Sept. 18, 1990.
SECTION XXIX-2. Appropriation - Compensation - Staff.
Appropriation - Compensation - Staff. A. The Ethics Commission
shall receive an annual appropriation by the Legislature sufficient
to enable it to perform its duties as set forth in this
Constitutional Amendment. Any funds appropriated to the Ethics
Commission, which remain unspent at the end of the fiscal year shall
be returned to the general revenue fund. The Commission shall
present its proposed budget to the Governor and the Legislature on
the second day of each legislature session. B. The Commissioners
shall receive reimbursement for travel, lodging, and meals while on
official business as provided for other officers of the State, but
they shall not be otherwise compensated. C. The Commission may
employ an executive director and other staff, including attorneys,
necessary to fulfill its duties.
Added by State Question No. 627, Initiative Petition No. 341, adopted
at election held on Sept. 18, 1990.
SECTION XXIX-3. Ethics Rules.
Ethics Rules. A. After public hearing, the Ethics Commission
shall promulgate rules of ethical conduct for campaigns for elective
state office and for campaigns for initiatives and referenda,
including civil penalties for violation of these rules. B. After
public hearing, the Ethics Commission shall promulgate rules of
ethical conduct for state officers and employees, including civil
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penalties for violation of these rules. C. Newly promulgated rules
shall be presented to each House of the Legislature and to the
Governor on the second day of each session of the Legislature. If
these rules are not disapproved by joint resolution, subject to veto
by the Governor, during the same legislative session, they shall be
effective. In the event the Governor vetoes a joint resolution
disapproving any Ethics Commission's rules, the procedure shall be
the same as for the veto of any other bill or joint resolution.
Effective Ethics Commission rules shall be published in the official
statutes of the State. D. Effective Ethics Commission rules may be
repealed or modified by the Commission, and the repeal or
modification shall be submitted to the Legislature and the Governor
in the same manner as newly promulgated rules. Effective Ethics
Commission rules may also be repealed or modified by law passed by a
majority vote of each House of the Legislature. If the Governor
vetoes such a law, the procedure shall be the same as for the veto of
any other bill or joint resolution.
Added by State Question No. 627, Initiative Petition No. 341, adopted
at election held on Sept. 18, 1990.
SECTION XXIX-4. Investigation - Decision - Subpoena Power.
Investigation - Decision - Subpoena Power.
A. The Ethics Commission shall investigate and, when it deems
appropriate, prosecute in the District Court of the County where the
violation occurred, violations of its rules governing ethical conduct
of campaigns, state officers, and state employees. Where uncertainty
exists, as to the County in which the violation occurred, the
Commission may prosecute in any County in which the evidence
indicates the violation might have been committed. The Court may
assess penalties for violation of ethical standards established by
the Commission as provided in the Commission's rules. The Commission
may settle investigations and accept payment of fines without Court
order. Fines paid shall be deposited in the general revenue fund of
the State.
B. The Commission shall also enforce other ethics laws as
prescribed by law.
C. For purposes of its investigations, the Ethics Commission
shall have subpoena power.
Added by State Question No. 627, Initiative Petition No. 341, adopted
at election held on Sept. 18, 1990.
SECTION XXIX-5. Ethics Interpretations.
Ethics Interpretations. The Ethics Commission may respond,
pursuant to its rules, to questions of specific individuals seeking
an interpretation of the Commission's rules governing ethical conduct
for campaigns, state officers, or state employees. Any such official
interpretation of ethics rules shall be binding on the Commission.
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Added by State Question No. 627, Initiative Petition No. 341, adopted
at election held on Sept. 18, 1990.
SECTION XXIX-6. Criminal Penalties.
Criminal Penalties. This Article shall not prevent enactment of
laws prohibiting certain conduct by political candidates, government
officers, government employees, or other persons and providing
criminal penalties for such conduct. It also shall not prevent
enactment of laws governing ethical conduct of local political
subdivision officers and employees, nor shall it prevent enactment of
law governing conditions of state government employment.
Added by State Question No. 627, Initiative Petition No. 341, adopted
at election held on Sept. 18, 1990.
SECTION XXIX-7. Removal.
Removal. A Commissioner shall only be removed from office
pursuant to the provisions of Article VIII of this Constitution.
Added by State Question No. 627, Initiative Petition No. 341, adopted
at election held on Sept. 18, 1990.
ARTICLE XXX - Official Actions of the State of Oklahoma
SECTION XXX-1. Official actions of state - English language.
As English is the common and unifying language of the State of
Oklahoma, all official actions of the state shall be conducted in the
English language, except as required by federal law. No person shall
have a cause of action against an agency or political subdivision of
this state for failure to provide any official government actions in
any language other than English. Nothing in this Article shall be
construed to diminish or impair the use, study, development, or
encouragement of any Native American language in any context or for
any purpose. The Legislature shall have the power to implement,
enforce and determine the proper application of this Article by
appropriate legislation.
Added by State Question No. 751, Legislative Referendum No. 351,
adopted at election held on Nov. 2, 2010 (addition proposed by Laws
2009, H.J.R. No. 1042, § 1).
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