Oklahoma Constitution
Introduction
PREAMBLE
Article I
Federal Relations
Art. I §1 | SUPREME LAW OF LAND
Art. I §2 | RELIGIOUS LIBERTY - POLYGAMOUS OR PLURAL MARRIAGES
Art. I §3 | UNAPPROPRIATED PUBLIC LANDS - INDIAN LANDS - JURISDICTION OF UNITED STATES
Art. I §4 | TERRITORIAL DEBTS AND LIABILITIES
Art. I §5 | PUBLIC SCHOOLS - SEPARATE SCHOOLS
Art. I §6 | RIGHT OF SUFFRAGE
Art. I §7 | REPEALED BY STATE QUESTION NO 386, REFERENDUM PETITION NO 121, ADOPTED AT ELECTION HELD APRIL 7, 1959 REPEAL PROPOSED BY LAWS 1959, P 479, SJR NO 1
Article II
Bill of Rights
Art. II §1 | POLITICAL POWER - PURPOSE OF GOVERNMENT - ALTERATION OR REFORMATION
Art. II §2 | INHERENT RIGHTS
Art. II §3 | RIGHT OF ASSEMBLY AND PETITION
Art. II §4 | INTERFERENCE WITH RIGHT OF SUFFRAGE
Art. II §5 | PUBLIC MONEY OR PROPERTY - USE FOR SECTARIAN PURPOSES
Art. II §6 | COURTS OF JUSTICE OPEN - REMEDIES FOR WRONGS - SALE, DENIAL OR DELAY
Art. II §7 | DUE PROCESS OF LAW
Art. II §8 | RIGHT TO BAIL - EXCEPTIONS
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.
Art. II §9 | EXCESSIVE BAIL OR FINES - CRUEL OR UNUSUAL PUNISHMENT
Art. II §9A | DEATH PENALTY
Notes
NOTE:
State Question No. 776 proposed by Laws 2015, p. 1597, S.J.R. No. 31, § 1.Art. II §10 | HABEAS CORPUS - SUSPENSION
Art. II §11 | OFFICERS - PERSONAL ATTENTION TO DUTIES - INTOXICATION
Art. II §12 | OFFICERS OF UNITED STATES OR OTHER STATES - INELIGIBILITY TO OFFICE
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.
Art. II §12A | TERM LIMITS FOR CONGRESSMAN
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:
2. The years served by a person who has been appointed to complete the remainder of a vacated term.
Art. II §13 | IMPRISONMENT FOR DEBT
Art. II §14 | MILITARY SUBORDINATE TO CIVIL AUTHORITIES - QUARTERING WITHOUT OWNER’S CONSENT
Art. II §15 | BILLS OF ATTAINDER - EX POST FACTO LAWS - OBLIGATION OF CONTRACTS – FORFEITURES
Art. II §16 | TREASON
Art. II §17 | INDICTMENT OR INFORMATION - PRELIMINARY EXAMINATION - PROSECUTIONS IN COURTS NOT OF RECORD
Art. II §18 | GRAND JURY
The Legislature shall enact laws to prevent corruption in making, filing, circulating and submitting petitions calling for convening a grand jury.
Art. II §19 | TRIAL BY JURY
Art. II §20 | RIGHTS OF ACCUSED IN CRIMINAL CASES
Art. II §21 | SELF-INCRIMINATION - DOUBLE JEOPARDY
Art. II §22 | LIBERTY OF SPEECH AND PRESS - TRUTH AS EVIDENCE IN PROSECUTION FOR LIBEL
Art. II §23 | PRIVATE PROPERTY - TAKING OR DAMAGING FOR PRIVATE USE
Art. II §24 | PRIVATE PROPERTY - PUBLIC USE - CHARACTER OF USE A JUDICIAL QUESTION
Art. II §25 | CONTEMPT - DEFINITION - JURY TRIAL - HEARING
Art. II §26 | BEARING ARMS - CARRYING WEAPONS
Art. II §27 | WITNESSES NOT EXCUSED FROM TESTIFYING - IMMUNITY FROM PROSECUTION
Art. II §28 | CORPORATE RECORDS, BOOKS AND FILES
Art. II §29 | TRANSPORTATION OUT OF STATE
Art. II §30 | UNREASONABLE SEARCHES OR SEIZURES - WARRANTS, ISSUANCE OF
Art. II §31 | STATE - ENGAGEMENT IN OCCUPATION OR BUSINESS
Art. II §32 | PERPETUITIES - MONOPOLIES - PRIMOGENITURE - ENTAILMENTS
Art. II §33 | EFFECT OF ENUMERATION OF RIGHTS
Art. II §34 | RIGHTS OF VICTIMS
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 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.
Art. II §35 | MARRIAGE DEFINED – CONSTRUCTION OF LAW AND CONSTITUTION – RECOGNITION OF OUT-OF-STATE MARRIAGES – PENALTY
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.
Art. II §36 | RIGHT TO HUNT, FISH, TRAP AND HARVEST GAME AND FISH
Art. II §36A | PROHIBITION OF SPECIAL TREATMENT OR DISCRIMINATION BASED ON RACE OR SEX IN PUBLIC EMPLOYMENT, EDUCATION AND CONTRACTS
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.
Notes
NOTE:
Editorially renumbered from Article II, § 36 to avoid a duplication in numbering.Art. II §37 | HEALTH CARE SYSTEM
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-established, -created or -controlled agency that is used to punish or discourage the exercise of rights protected under this section.
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.
D. This section shall not:
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.
Article III
Suffrage
Art. III §1 | QUALIFICATIONS OF ELECTORS
Notes
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.Art. 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, HJR NO 1025
Art. III §2 | STATE ELECTION BOARD - CREATION - MEMBERSHIP
Notes
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.Art. III §3 | MANDATORY PRIMARY SYSTEM - NOMINATION OF CANDIDATES
Notes
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.Art. III §4 | MANNER OF HOLDING AND CONDUCTING ELECTIONS - REGISTRATION OF ELECTORS
Notes
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.Art. 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, HJR NO 1025
Art. III §5 | FREE AND EQUAL ELECTIONS - INTERFERENCE BY CIVIL OR MILITARY POWER - PRIVILEGE FROM ARREST
Notes
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.Art. 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, HJR NO 1025
Art. 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, HJR NO 1025
Article IV
Distribution of Powers
Art. IV §1 | DEPARTMENTS OF GOVERNMENT - SEPARATION AND DISTINCTION
Article V
Legislative Department
Art. V §1 | LEGISLATURE - AUTHORITY AND COMPOSITION - POWERS RESERVED TO PEOPLE
Art. V §2 | DESIGNATION AND DEFINITION OF RESERVED POWERS - DETERMINATION OF PERCENTAGES
Art. V §3 | PETITIONS - VETO POWER - ELECTIONS - TIME OF TAKING EFFECT - STYLE OF BILLS - DUTY OF LEGISLATURE
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.
Art. V §4 | REFERENDUM AGAINST PART OF ACT
Art. V §5 | RESERVATION OF POWERS TO VOTERS OF COUNTIES AND DISTRICTS - MANNER OF EXERCISING
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.
Art. V §5a | TOWNSHIP ORGANIZATION OR GOVERNMENT - ABOLITION AND RESTORATION
Art. V §6 | SUBSEQUENT PROPOSAL OF REJECTED MEASURE
Art. V §7 | POWERS OF LEGISLATURE NOT AFFECTED
Art. V §8 | PREVENTION OF CORRUPTION
Art. 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, SJR NO 4
Art. V §9A | SENATORIAL DISTRICTS - TENURE
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.
Notes
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.Art. 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, SJR NO 4
Art. V §10A | HOUSE OF REPRESENTATIVES - NUMBER OF MEMBERS - FORMULA - TENURE
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.
Each Representative nominated and elected shall hold office for two years.
Art. 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, SJR NO 4
Art. V §11A | LEGISLATURE TO APPORTION LEGISLATURE - FAILURE TO MAKE APPORTIONMENT - APPORTIONMENT COMMISSION
Art. V §11B | ORDER OF APPORTIONMENT RENDERED BY COMMISSION
Art. V §11C | REVIEW OF APPORTIONMENT ORDERS - FAILURE TO SEEK REVIEW
Art. V §11D | DETERMINATION BY SUPREME COURT
Art. V §11E | COMPELLING COMMISSION TO ACT - CONSOLIDATION OF PROCEEDINGS
Art. 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, SJR NO 4
Art. 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, SJR NO 4
Art. 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, SJR NO 4
Art. 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, SJR NO 4
Art. 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, SJR NO 4
Art. V §17 | AGE - QUALIFIED ELECTORS - RESIDENTS
Art. V §17A | LIMITATION OF TIME SERVED IN THE LEGISLATURE
Art. V §18 | INELIGIBILITY - FEDERAL AND STATE OFFICERS - CONVICTION OF FELONY
Art. V §19 | EXPELLED MEMBER INELIGIBLE - PUNISHMENT NOT TO BAR INDICTMENT
Art. V §20 | VACANCIES
Art. V §21 | CONFLICT OF INTERESTS PROHIBITED - BOARD ON LEGISLATIVE COMPENSATION
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.
Art. V §22 | PRIVILEGES - ARREST - SPEECHES OR DEBATES
Art. V §23 | INELIGIBILITY TO APPOINTMENT TO OFFICE - INTEREST IN CONTRACTS
Art. V §24 | DISCLOSURE OF PERSONAL OR PRIVATE INTEREST
Art. V §25 | DURATION OF FIRST SESSION
Art. V §26 | REGULAR SESSIONS
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 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.
Art. V §27 | SPECIAL SESSIONS
Art. V §27A | CALLING SPECIAL SESSIONS
(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.
Art. V §28 | SENATE - PRESIDENT PRO TEMPORE - STANDING COMMITTEES
Art. V §29 | SPEAKER OF HOUSE OF REPRESENTATIVES
Art. V §30 | JUDGES OF ELECTION OF MEMBERS - QUORUM - RULES - DISORDERLY BEHAVIOR - JOURNAL
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.
Art. V §31 | ELECTIONS BY LEGISLATURE - VOTING AND ENTRY IN JOURNAL
Art. V §32 | SPECIAL AND LOCAL LAWS - NOTICE OF INTENDED INTRODUCTION
Art. V §33 | REVENUE BILLS - ORIGINATION - AMENDMENT - LIMITATIONS ON PASSAGE - EFFECTIVE DATE - SUBMISSION TO VOTERS
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 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.
Art. V §34 | READING AND PASSAGE OF BILLS - YEAS AND NAYS ENTERED ON JOURNAL
Art. V §35 | SIGNING BILLS AND RESOLUTIONS - ENTRY ON JOURNAL
Art. V §36 | EXTENT OF LEGISLATIVE AUTHORITY - SPECIFIC GRANTS NOT LIMITATIONS
Art. V §37 | PRINTING PLANT AND STATE PRINTER
Art. V §38 | GEOLOGICAL AND ECONOMIC SURVEY
Art. V §39 | BOARDS OF HEALTH, DENTISTRY AND PHARMACY - PURE FOOD COMMISSION - PRESENT PRACTITIONERS
Art. V §40 | MILITIA
Art. V §41 | FIREMEN’S PENSIONS
Art. V §42 | CONTEMPT, DISOBEDIENCE OF PROCESS AND DISORDERLY CONDUCT
Art. V §43 | DECENNIAL REVISION OF LAWS
Art. V §44 | UNLAWFUL RESTRAINTS OF TRADE
Art. V §45 | CARRYING CONSTITUTION INTO EFFECT
Art. V §46 | LOCAL AND SPECIAL LAWS ON CERTAIN SUBJECTS PROHIBITED
Regulating the affairs of counties, cities, towns, wards, or school districts;
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.
Art. V §47 | RETIREMENT OF OFFICERS
Art. V §48 | BUREAU OF IMMIGRATION
Art. V §49 | LEGISLATIVE EMPLOYEES - NUMBER AND EMOLUMENTS
Art. V §50 | EXEMPTION OF PROPERTY FROM TAXATION
Art. V §51 | EXCLUSIVE RIGHTS, PRIVILEGES OR IMMUNITIES
Art. V §52 | REVIVAL OF RIGHTS OR REMEDIES - TAKING AWAY CAUSE OF ACTION OR DEFENSE
Art. V §53 | RELEASE OR EXTINGUISHMENT OF DEBTS OR LIABILITIES TO STATE, COUNTY OR MUNICIPALITY
Art. V §54 | REPEAL OF STATUTE - EFFECT
Art. V §55 | APPROPRIATIONS - NECESSITY AND REQUISITES
Art. V §56 | GENERAL APPROPRIATION BILLS - SALARIES - SEPARATE APPROPRIATION BILLS
Art. V §57 | SUBJECTS AND TITLES - REVIVAL OR AMENDMENT BY REFERENCE - EXTENT OF INVALIDITY
Art. V §58 | TIME OF TAKING EFFECT OF STATUTES - EMERGENCY MEASURES
Art. V §59 | UNIFORM OPERATION OF GENERAL LAWS - SPECIAL LAWS WHEN GENERAL LAW APPLICABLE
Art. V §60 | SYSTEM OF CHECKS AND BALANCES
Art. V §61 | PENSIONS TO POLICE OFFICERS
Art. V §62 | RETIREMENT BENEFITS FOR TEACHERS AND SCHOOL EMPLOYEES
Art. V §63 | CONTINUITY OF GOVERNMENTAL OPERATIONS IN PERIODS OF EMERGENCY
(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.
Article VI
Executive Department
Art. VI §1 | EXECUTIVE OFFICERS ENUMERATED - OFFICES AND RECORDS - DUTIES
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.
Art. VI §2 | SUPREME POWER VESTED IN GOVERNOR
Art. VI §3 | ELIGIBILITY TO CERTAIN STATE OFFICES
Art. VI §4 | TERMS OF OFFICE - SUCCESSION
B.
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.
D. The Legislature is hereby authorized to enact laws to implement the provisions of subsections B and C of this section.
Art. VI §5 | RETURNS OF ELECTION - TIE VOTES
Art. VI §6 | COMMANDER-IN-CHIEF OF MILITIA - CALLING OUT MILITIA
Art. VI §7 | EXTRAORDINARY SESSIONS OF LEGISLATURE
Art. VI §8 | EXECUTION OF LAWS - INTERCOURSE WITH OTHER STATES AND UNITED STATES - CONSERVATOR OF PEACE
Art. VI §9 | MESSAGES AND COMMUNICATIONS TO LEGISLATURE
Art. VI §10 | REPRIEVES, COMMUTATIONS, PAROLES AND PARDONS
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 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.
Art. VI §11 | APPROVAL OR VETO OF BILLS - PASSAGE OVER VETO - FAILURE TO RETURN BILL
Art. VI §12 | APPROPRIATION BILLS - APPROVAL OR DISAPPROVAL - EMERGENCY BILLS
Art. VI §13 | OFFICERS' COMMISSIONS - VACANCIES
Art. VI §14 | ADJOURNMENT OF LEGISLATURE - CHANGING PLACE OF MEETING
Art. VI §15 | QUALIFICATIONS - PRESIDENT OF SENATE - IMPEACHMENT, ETC, DURING VACANCY IN GOVERNOR’S OFFICE
Art. VI §16 | DEVOLUTION OF POWERS AND DUTIES OF GOVERNOR UPON LIEUTENANT GOVERNOR
Art. VI §17 | DUTIES GENERALLY
Art. VI §18 | CUSTODY AND USE OF SEAL - DESIGNATION
Art. VI §19 | QUALIFICATIONS, POWERS AND DUTIES
Art. VI §20 | DEPARTMENT CREATED - DUTIES
Art. VI §21 | BOARD OF ARBITRATION AND CONCILIATION
Art. VI §22 | INSURANCE DEPARTMENT ESTABLISHED - FUNCTION
Art. VI §23 | COMMISSIONER - ELECTION - TERM OF OFFICE - QUALIFICATIONS
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.
Art. VI §24 | BOND OF COMMISSIONER - ADDITIONAL DUTIES AND QUALIFICATIONS
Art. VI §25 | CREATION OF OFFICE - TERM AND QUALIFICATIONS - DUTIES, OATH AND BOND
Art. 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, HJR NO 1018
Art. 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, SJR NO 37, § 2
Art. 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, SJR NO 37, § 2
Art. 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, SJR NO 37, § 2
Art. 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, SJR NO 37, § 2
Art. VI §31 | CREATION AND MEMBERSHIP - STATUS, AUTHORITY AND DUTIES
Art. VI §31a | BOARD OF REGENTS FOR AGRICULTURAL AND MECHANICAL SCHOOLS AND COLLEGES - MEMBERS - VACANCIES - REMOVAL - TERMS
Art. VI §32 | MEMBERSHIP AND FUNCTIONS
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.
Art. VI §33 | ACCOUNTS AND REPORTS OF OFFICERS AND COMMISSIONERS
Art. VI §34 | COMPENSATION OF OFFICERS
Art. VI §35 | DESCRIPTION OF SEAL
The upper left hand ray shall contain the symbol of the ancient seal of the Cherokee Nation, namely:
In a circular band surrounding the whole device shall be inscribed, "GREAT SEAL OF THE STATE OF OKLAHOMA 1907."
Article VII
Judicial Department
Art. VII §1 | COURTS IN WHICH JUDICIAL POWER VESTED
Notes
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.Art. VII §2 | SUPREME COURT JUSTICES - NUMBER - TERMS - VACANCIES - QUALIFICATIONS - CHIEF JUSTICE - VICE CHIEF JUSTICE
Notes
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.Art. VII §3 | ELECTION OF JUSTICES AND JUDGES - VACANCIES
Notes
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.Art. VII §4 | JURISDICTION OF SUPREME COURT - WRITS
Notes
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.Art. VII §5 | SESSIONS - QUORUM - INTERMEDIATE APPELLATE COURTS - FORM OF DECISIONS - CLERK OF SUPREME COURT
Notes
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.Art. VII §6 | ADMINISTRATIVE AUTHORITY - DIRECTOR AND STAFF
Notes
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.Art. VII §7 | DISTRICT COURTS - JURISDICTION - COURTS ABOLISHED - TRANSFER OF JURISDICTION, FILES ETC
(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 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.
Notes
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.Art. VII §8 | CLASSES OF DISTRICT COURT JUDGES - SELECTION - TERMS - JURISDICTION - QUALIFICATIONS
(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.
(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.
Notes
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.Art. VII §9 | ELECTION OF DISTRICT JUDGES AND ASSOCIATE DISTRICT JUDGES
Notes
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.Art. VII §10 | JUDICIAL ADMINISTRATIVE 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.
Notes
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.Art. VII §11 | SALARIES AND EXPENSES - RETIREMENT
(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 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.
Notes
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.Art. VII §12 | CONTINUING PROVISIONS
Notes
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.Art. VII §13 | SAVINGS CLAUSE
Notes
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.Art. VII §14 | EFFECTIVE DATES - IMPLEMENTING ACTS
Notes
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.Art. VII §15 | JURY TRIALS - VERDICTS
Notes
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.Art. VII §16 | REPEALER
Notes
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.Art. 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, HJR NO 508
Art. 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, HJR NO 508
Art. 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, HJR NO 508
Art. 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, HJR NO 508
Art. 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, HJR NO 508
Art. 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, HJR NO 508
Art. 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, HJR NO 508
Art. 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, HJR NO 508
Art. 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, HJR NO 508
Article VII-A
Court on the Judiciary
Art. VII-A §1 | REMOVAL OF JUDGES FROM OFFICE - COMPULSORY RETIREMENT - CAUSES
(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.
Art. VII-A §2 | CREATION OF COURT ON THE JUDICIARY - TRIAL AND APPELLATE DIVISIONS - JURISDICTION - MEMBERSHIP
(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.
Art. VII-A §3 | PRESIDING JUDGE - RULES - MEETINGS - CLERK - POWERS
(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.
Art. VII-A §4 | INVOKING JURISDICTION BY PETITION - HEARING
(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 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:
(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.
Art. VII-A §5 | APPEAL TO 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 and that there were good reasons for failure to present it to the Trial Division.
Art. VII-A §6 | ESTABLISHED RULES TO APPLY - JUDGE PRO TEM - COMPENSATION
(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.
Art. VII-A §7 | EXCLUSIVE JURISDICTION
Article VII-B
Selection of Justices and Judges
Art. VII-B §1 | GOVERNING PROVISIONS - DEFINITIONS
(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.
Art. VII-B §2 | DECLARATION OF CANDIDACY - ELECTION
"Shall (Here insert name of Justice or Judge) of (Here insert the title of the court) be retained in Office?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.□ YES□ No
Art. VII-B §3 | JUDICIAL NOMINATING COMMISSION
(2) six members, 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 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 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 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.
Art. VII-B §4 | VACANCY IN JUDICIAL OFFICE - FILLING
Art. VII-B §5 | TERMS AND ELECTION
Art. VII-B §6 | POLITICAL ACTIVITY PROHIBITED
Art. VII-B §7 | EFFECTIVE DATE
Article VIII
Impeachment and Removal from Office
Art. VIII §1 | OFFICERS SUBJECT TO IMPEACHMENT - GROUNDS - SUSPENSION FROM OFFICE UPON FELONY CONVICTION - REINSTATEMENT - TEMPORARY JUDGES
Art. VIII §2 | REMOVAL OF OFFICERS NOT SUBJECT TO IMPEACHMENT
Art. VIII §3 | PRESIDING OFFICER IN CASE OF IMPEACHMENT - PRESENTATION OF IMPEACHMENT
Art. VIII §4 | OATH OR AFFIRMATION - NUMBER CONCURRING
Art. VIII §5 | JUDGMENT OF IMPEACHMENT
Art. VIII §6 | NECESSARY LAWS TO BE PASSED
Article IX
Corporations
Art. IX §1 | CORPORATION - COMPANY - CHARTER - LICENSE
Art. IX §2 | RIGHTS AS TO CONSTRUCTION OF LINES
Art. IX §3 | RECEIPT OF CARS, TONNAGE AND PASSENGERS FROM OTHER LINES
Art. IX §4 | OIL PIPE LINE COMPANIES - REGULATION - DUTIES
Art. IX §5 | TELEGRAPH AND TELEPHONE COMPANIES - EXCHANGE OF MESSAGES – PHYSICAL CONNECTIONS
Art. IX §6 | RAILROADS AS PUBLIC HIGHWAYS - OFFICES - MEETINGS - REPORTS - ENFORCEMENT
Art. IX §7 | MOVABLE PROPERTY AS PERSONAL PROPERTY - LIABILITY OF PROPERTY TO EXECUTION
Art. IX §8 | CONSOLIDATION OF PUBLIC SERVICE CORPORATIONS - COMMON OFFICER
Art. IX §9 | SALES AND LEASES - ADDITIONAL RESTRICTIONS ON CONSOLIDATION
Art. IX §10 | STREET RAILROADS - CONSENT TO CONSTRUCTION AND OPERATION
Art. IX §11 | ACCEPTANCE OF PROVISIONS OF CONSTITUTION
Art. IX §12 | TRANSPORTATION OF RAILROAD’S OWN COMMODITIES
Art. IX §13 | FREE TRANSPORTATION OF PASSENGERS
Art. 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, HJR NO 1017, § 1
Art. IX §15 | CREATION - TERMS OF OFFICE - VACANCIES
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.
Art. IX §16 | QUALIFICATIONS OF COMMISSIONERS
Art. IX §17 | OATH OF OFFICE - ADDITIONAL OATH
Art. IX §18 | POWERS AND DUTIES - NOTICE BEFORE TAKING ACTION - PROCESS FOR WITNESSES - AUTHORITY OF LEGISLATURE - MUNICIPAL POWERS
Art. IX §18a | ORGANIZATION - QUORUM - NECESSARY VOTE
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.
Art. IX §18b | COMPANY DEFINED
Art. IX §19 | POWERS OF COURT OF RECORD - ADDITIONAL POWERS - FAILURE OR REFUSAL TO OBEY ORDERS
Art. IX §20 | APPEALS TO SUPREME COURT - OTHER COURTS TO HAVE NO JURISDICTION - MANDAMUS AND PROHIBITION
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 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.
Notes
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."
Art. IX §21 | SUPERSEDEAS - SECURITY - ACCOUNTS - REFUNDS - PRECEDENCE OF APPEALS
Art. IX §22 | STATEMENT OF REASONS FOR ACTION - CAUSE HEARD ON RECORD - CERTIFICATION OF FACTS AND EVIDENCE - NEW OR ADDITIONAL EVIDENCE
Art. IX §23 | REPEALED BY LAWS 1941, P 547, § 6, EFF APRIL 28, 1941
Art. IX §24 | RIGHTS OF ACTION NOT AFFECTED - QUESTIONING ACTION OF COMMISSION
Art. IX §25 | REPORTS AND RECOMMENDATIONS
Art. IX §26 | RAILWAY DEPOTS AND DEPOT BUILDINGS
Art. IX §27 | RAILROAD CROSSINGS AT GRADE
Art. IX §28 | INSPECTION OF BOOKS AND PAPERS - EXAMINATION OF OFFICERS AND AGENTS
Art. IX §29 | RECORD OF FINANCIAL TRANSACTIONS
Art. IX §30 | GREATER CHARGE FOR LESS DISTANCE
Art. IX §31 | FOREIGN CORPORATIONS - EMINENT DOMAIN - RESTRICTIONS ON EXERCISE
Art. IX §32 | THROUGH RATES - INVESTIGATION - NOTICE - APPLICATION TO INTERSTATE COMMERCE COMMISSION
Art. IX §33 | SWITCHES TO MINES, MILLS, ELEVATORS AND INDUSTRIES
Art. IX §34 | DEFINITIONS - AVOIDANCE OF CONFLICTS WITH U S CONSTITUTION
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.
Art. IX §35 | POWER OF LEGISLATURE
Art. IX §36 | COMMON LAW DOCTRINE ABROGATED - LIABILITY FOR ACTS OF RECEIVERS - POWER OF LEGISLATURE
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.
Art. 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, SJR NO 18, § 1
Art. IX §38 | CREATION OR LICENSING - NECESSITY OF GENERAL LAW
Art. IX §39 | RESTRICTIONS ON ISSUANCE OF STOCK
Art. IX §40 | INFLUENCING ELECTIONS OR OFFICIAL DUTY
Art. IX §41 | BANKS AND TRUST COMPANIES - RESTRICTION ON CONTROLLING OTHER STOCK
Art. IX §42 | ARBITRATION OF DIFFERENCES WITH EMPLOYEES
Art. IX §43 | FOREIGN CORPORATIONS - DESIGNATION OF RESIDENT AGENT - SERVICE - PLACE OF SUIT
Art. IX §44 | FOREIGN CORPORATIONS SUBJECT TO SAME RESTRICTIONS AND REQUIREMENTS AS DOMESTIC CORPORATIONS
Art. IX §45 | MONOPOLY OR DESTRUCTION OF COMPETITION - DISCRIMINATION PROHIBITED
Art. IX §46 | GRANTS OF SPECIAL OR EXCLUSIVE PRIVILEGES
Art. IX §47 | POWER TO ALTER, AMEND OR REPEAL CHARTERS OR FRANCHISES
Art. IX §48 | PENALTIES AND REGULATIONS
Article X
Revenue and Taxation
Art. X §1 | FISCAL YEAR
Art. X §2 | TAX TO DEFRAY STATE EXPENSES
Art. X §3 | TAX TO PAY DEFICIENCY
Art. X §4 | LEVY TO PAY STATE DEBT
Art. X §5 | SURRENDER OF POWER OF TAXATION - UNIFORMITY OF TAXES
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:
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.
Art. 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
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 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.
Art. X §6A | SEE THE FOLLOWING VERSIONS:
OC 10-6Av2 (State Question No. 766, Legislative Referendum No. 363, adopted at election held on Nov. 6, 2012).
Art. X §6A-V1 | TANGIBLE PERSONAL PROPERTY MOVING THROUGH STATE - SITUS
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.
Art. X §6A-V2 | INTANGIBLE PERSONAL PROPERTY EXEMPT FROM AD VALOREM OR OTHER TAX
Art. X §6B | QUALIFYING MANUFACTURING CONCERN - AD VALOREM TAX EXEMPTION
B. For purposes of this section, a "qualifying manufacturing concern" means a concern that:
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.
D. The Legislature shall define the term "manufacturing facility" for purposes of the ad valorem tax exemption provided by 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.
Art. 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
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.
Art. X §7 | ASSESSMENTS FOR LOCAL IMPROVEMENTS
Art. X §8 | VALUATION OF PROPERTY FOR TAXATION - LIMIT ON PERCENTAGE OF FAIR CASH VALUE - APPROVAL BY VOTERS
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.
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.
Art. 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
(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 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.
Art. X §8B | VALUATION OF REAL PROPERTY FOR AD VALOREM TAXATION
The Legislature shall enact any laws necessary to implement the provisions of this section.
Art. X §8C | LIMIT ON FAIR CASH VALUE ON HOMESTEAD
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.
Art. X §8D | HOUSEHOLD PERSONAL PROPERTY EXEMPTION – PERMANENTLY DISABLED VETERANS
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.
Art. X §8E | HOMESTEAD EXEMPTION – MILITARY SERVICE DISABILITY
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.
Art. X §8F | HOMESTEAD EXEMPTION – SURVIVING SPOUSE OF VETERAN
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.
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.
Art. X §9 | AMOUNT OF AD VALOREM TAX
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.
(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 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.
Art. X §9A | ADDITIONAL COUNTY AD VALOREM TAX LEVY FOR DEPARTMENT OF HEALTH
Art. X §9B | TECHNOLOGY CENTER SCHOOL DISTRICTS FOR TECHNOLOGY CENTER SCHOOLS – TAX LEVIES
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, 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.
Art. X §9C | EMERGENCY MEDICAL SERVICE DISTRICTS
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 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:
(2) any monies available from other funds of the district not otherwise obligated.
(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.
(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.
(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.
Art. X §9D | SOLID WASTE MANAGEMENT SERVICES
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 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:
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.
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, 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:
2. any monies available from other funds of the county not otherwise obligated.
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 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.
Art. X §10 | INCREASED RATE FOR PUBLIC BUILDINGS OR FOR BUILDING FUND FOR SCHOOL DISTRICTS – PERMANENT LEVY
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 electors or a recommendation by the board of education of the school district is made asking that the levies be made each fiscal year.
Art. X §10A | TAX LEVY FOR COOPERATIVE COUNTY LIBRARIES AND JOINT CITY-COUNTY LIBRARIES
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. 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.
Art. X §10B | MUNICIPAL-OWNED HOSPITALS - OPERATION AND MAINTENANCE - TAX LEVY
Art. X §11 | OFFICER RECEIVING INTEREST, PROFIT OR PERQUISITIES
Art. X §12 | SPECIAL FORMS OF TAXATION - AMOUNTS - REFERENCE TO FEDERAL TAXATION
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
(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.
Art. X §12a | COMMON SCHOOL TAXES ON PROPERTY OF PUBLIC SERVICE CORPORATIONS
Art. X §13 | INDEPENDENCE OF STATE TAXATION
Art. X §14 | LEVY AND COLLECTION BY GENERAL LAWS AND FOR PUBLIC PURPOSES - ASSUMPTION OF DEBTS
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.
Art. X §15 | PLEDGE OR LOAN OF CREDIT - DONATION - EXCEPTIONS
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:
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.
Art. X §16 | BORROWING MONEY - SPECIFICATION OF PURPOSE - USE
Art. X §17 | AID TO CORPORATIONS, ETC, BY COUNTIES, CITIES, TOWNS, ETC
Art. X §18 | REPEALED BY STATE QUESTION NO 590, LEGISLATIVE REFERENDUM NO 254, ADOPTED AT ELECTION HELD NOV 4, 1986
Art. X §19 | SPECIFICATION OF PURPOSE OF TAX - DEVOTION TO ANOTHER PURPOSE
Art. X §20 | TAXES FOR COUNTY, CITY, TOWN OR MUNICIPAL PURPOSES
Art. X §21 | STATE BOARD OF EQUALIZATION - ASSESSMENT LEVELS
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.
Art. X §22 | CLASSIFICATION OF PROPERTY
Art. X §22A | AD VALOREM TAX EXEMPTION – PROHIBITION ON FILING FOR YEARS PRIOR TO ORIGINAL APPLICATION
Art. X §23 | BALANCED BUDGET - PROCEDURES
To ensure a balanced annual budget, pursuant to the limitations contained in the foregoing, procedures are herewith established as follows:
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 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.
b.
(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.
(b) provide the largest economic impact to the state.
(4) The Legislature is authorized to enact laws necessary to implement the provisions of this section.
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 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.
Art. X §23a | SURPLUS ACCRUING TO GENERAL REVENUE FUND - PAYMENT OF BONDED INDEBTEDNESS -INVESTMENTS - APPROPRIATION OF SURPLUS
Art. X §23b | CONTRACTS FOR INCARCERATION OF STATE INMATES WITH COUNTIES AND MUNICIPALITIES
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.
Art. X §24 | DEBTS IN CASE OF INVASION, INSURRECTION, OR WAR
Art. X §25 | AUTHORIZATION OF DEBT - ANNUAL TAX - SUBMISSION TO VOTERS - FINAL PASSAGE
Art. X §26 | INDEBTEDNESS OF POLITICAL SUBDIVISIONS - ASSENT OF VOTERS - LIMITATION OF AMOUNT - ANNUAL TAX - COMPUTATION OF AMOUNT OF INDEBTEDNESS
(2) a school superintendent for periods extending more than one (1) year, but not to exceed three (3) years beyond the current fiscal year.
(c) If approved by the people, the amendment to this section shall become effective January 1, 1993.
Art. X §27 | INDEBTEDNESS FOR PURCHASE, CONSTRUCTION OR REPAIR OF PUBLIC UTILITIES
Art. X §27A | MUNICIPAL WATER AND WATER FACILITIES - FINANCING
Art. X §27B | POLITICAL SUBDIVISIONS - PUBLIC UTILITIES FINANCING - INDEBTEDNESS
b. the public utility or combination of public utilities does not come within the terms of paragraph 3 of this subsection;
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.
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.
Art. X §28 | REVENUE FOR SINKING FUND - USES TO WHICH APPLIED
Art. X §29 | BONDS AND EVIDENCE OF INDEBTEDNESS - CERTIFICATES AS TO COMPLIANCE WITH LAW
Art. X §30 | SYSTEM OF ACCOUNTING
Art. X §31 | INDEBTEDNESS FOR CONSTRUCTION, EQUIPMENT, ETC, OF STATE BUILDINGS - USE OF PART OF CIGARETTE TAX FOR PAYMENT
Art. X §32 | STATE PUBLIC COMMON SCHOOL BUILDING EQUALIZATION FUND
(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 Legislature. The administering agency is authorized to accept grants-in-aid from the federal government for building purposes.
Art. X §33 | INDEBTEDNESS FOR CONSTRUCTION OF BUILDINGS AND OTHER CAPITAL IMPROVEMENTS - RESTRICTIONS - TERM - SOURCES OF PAYMENT
(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.
Art. X §33A | STATE INDUSTRIAL FINANCE AUTHORITY
(2) any moneys available from other funds of the State not otherwise obligated; and
(3) the proceeds of any tax, other than ad valorem, which may be imposed for such purpose in the event funds available for use and pledge under (1) and (2) should be insufficient.
Art. X §34 | STATE INDUSTRIAL FINANCE AUTHORITY
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.
Art. X §35 | MUNICIPAL AND COUNTY LEVY FOR SECURING AND DEVELOPING INDUSTRY
(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:
(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.
(d) Such bonds shall be issued under terms prescribed by law.
(e)
(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.
(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.
Art. X §36 | INDEBTEDNESS FOR CAPITAL IMPROVEMENTS - UNIVERSITY MEDICAL CENTER
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.
Art. X §37 | BOND ISSUE FOR CAPITAL IMPROVEMENTS AT STATE INSTITUTIONS
| Oklahoma State Regents for Higher Education for Expenditures at all Constituent Institutions | $38,500,000 |
| Central State Griffin Memorial Hospital, Eastern State Hospital, Western State Hospital and Taft State Hospital | $6,500,000 |
| Pauls Valley State School, Enid State School and the Hissom Memorial Center | $1,000,000 |
| State Department of Health | $2,275,000 |
| Oklahoma State Library | $2,150,000 |
| Oklahoma State Penitentiary | $150,000 |
| Oklahoma State Reformatory | $150,000 |
| Oklahoma School for the Blind | $550,000 |
| Oklahoma School for the Deaf | $550,000 |
| Oklahoma Educational Television Authority | $250,000 |
| Oklahoma Historical Society | $125,000 |
| Western Oklahoma Tuberculosis Sanatorium | $150,000 |
| Eastern Oklahoma Tuberculosis Sanatorium | $150,000 |
| Department of Public Health for the Building of Community Social Service Centers | $1,500,000 |
| 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 |
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.
Art. X §38 | INDEBTEDNESS FOR CAPITAL IMPROVEMENTS AT STATE INSTITUTIONS
| 1. Oklahoma State Regents for Higher Education for expenditure at all constituent institutions | $34,250,000 |
| 2. Oklahoma State Regents for Higher Education for expenditure at the Medical Center of the University of Oklahoma | $26,870,000 |
| 3. Oklahoma State Regents for Higher Education for the planning and construction of a new junior college at Tulsa | $4,000,000 |
| 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 |
| 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 |
| 6. State Department of Health for expenditure for the administrative offices and laboratories | $4,516,000 |
| 7. State Department of Health for construction, remodeling and equipping Oklahoma General Hospital at Clinton, Oklahoma | $500,000 |
| 8. State Department of Highways for the acquisition of land and completion of streets and highways in the State Capitol Complex | $1,875,000 |
| 9. Oklahoma Historical Society for equipment and remodeling at the Wiley Post Building and for acquistion and improvement of historic sites | $125,000 |
| 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 |
| 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 |
| 12. State Department of Public Welfare for construction of a Juvenile Diagnostic Evaluation and Receiving Center | $1,000,000 |
| 13. State Department of Public Safety for construction of a plans and training building and for district headquarters | $497,000 |
| 14. State Military Department for the construction of headquarters, warehouse and armory buildings | $1,500,000 |
| 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 |
| 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 and equipping academic and vocational school facilities and other capital projects at Granite Reformatory, $750,000.00 | $1,750,000 |
| 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 |
| 18. Cerebral Palsy Institute | $100,000 |
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.
Art. X §39 | WATER RESOURCES AND SEWAGE TREATMENT PROGRAMS - FUNDING - STATE FINANCIAL ASSISTANCE - STATE LIABILITY
Art. X §39A | WATER INFRASTRUCTURE CREDIT ENHANCEMENT RESERVE FUND
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:
2. Any reserved funds required of borrowers;
3. Any reserved funds required of the Oklahoma Water Resources Board; and
4. Any surety bond payments.
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.
Art. X §40 | TOBACCO SETTLEMENT ENDOWMENT TRUST FUND
B.
| 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% |
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.
The Board of Investors shall consist of five (5) members as follows:
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.
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:
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
7. The State Superintendent of Public instruction.
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:
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.
G. The Legislature may enact laws to further implement the provisions of this section.
Art. X §41 | OKLAHOMA EDUCATION LOTTERY TRUST FUND
B. Monies in the Oklahoma Education Lottery Trust Fund shall only be expended for the following educational purposes and programs:
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.
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 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.
Art. X §42 | ECONOMIC DEVELOPMENT CREDIT ENHANCEMENT RESERVE FUND - GENERAL OBLIGATION BONDS
Art. X §43 | STATE CONSTRUCTION, REMODELING OR OTHER CAPITAL IMPROVEMENTS - AMOUNT OF INDEBTEDNESS - PAYMENT AND DISCHARGE OF DEBT - ISSUANCE OF BONDS
| a. University of Oklahoma - Norman Campus | $22,731,000 |
| b. University of Oklahoma - Health Sciences Center | $22,400,000 |
| c. Oklahoma State University - Stillwater Campus | $22,328,000 |
| d. Oklahoma State University - Agriculture Experiment Station | $4,000,000 |
| e. Oklahoma State University - Veterinary Medicine | $5,075,000 |
| f. Oklahoma State University - Technical Branch – Okmulgee | $4,118,000 |
| g. Oklahoma State University - Technical Branch – Oklahoma City | $3,868,000 |
| h. Oklahoma State University - College of Osteopathic Medicine | $3,750,400 |
| i. University of Central Oklahoma | $7,765,106 |
| j. East Central University | $5,869,000 |
| k. Northeastern State University | $8,813,400 |
| l. Northwestern Oklahoma State University | $2,860,000 |
| m. Southeastern Oklahoma State University | $5,586,900 |
| n. Southwestern Oklahoma State University – Weatherford Campus | $6,297,500 |
| o. Southwestern Oklahoma State University – Sayre Campus | $300,000 |
| p. Cameron University | $10,200,000 |
| q. Langston University | $2,842,500 |
| r. Oklahoma Panhandle State University | $2,016,500 |
| s. University of Science and Arts of Oklahoma | $3,104,376 |
| t. University Center at Tulsa | $15,000,000 |
| u. Carl Albert State College | $3,021,000 |
| v. Connors State College | $2,055,100 |
| w. Eastern Oklahoma State College | $2,007,600 |
| x. Murray State College | $2,045,000 |
| y. Northeastern Oklahoma Agricultural and Mechanical College | $2,410,400 |
| z. Northern Oklahoma College | $1,206,500 |
| aa. Oklahoma City Community College | $6,152,100 |
| bb. Redlands Community College | $2,003,900 |
| cc. Rogers State College | $5,035,100 |
| dd. Rose State College | $6,158,600 |
| ee. Seminole Junior College | $2,125,924 |
| ff. Tulsa Junior College | $22,333,800 |
| gg. Western Oklahoma State College | $2,500,000 |
| hh. Enid Higher Education Program | $619,123 |
| ii. Enid Higher Education Program - this allocation is contingent upon a $2,200,000.00 match by the local community | $1,980,877 |
| jj. Ardmore Higher Education Program | $619,123 |
| kk. Muskogee Higher Education Program | $619,123 |
| ll. Idabel Higher Education Program | $619,123 |
| mm. Tulsa Medical Center debt retirement | $6,600,000 |
| nn. Food Processing Research Center – Stillwater | $14,000,000 |
| oo. Natural History Museum - Norman | $15,000,000 |
| a. Instructional equipment for area schools, including inmate training facilities | $2,300,000 |
| b. Mid-Del Vo-Tech | $200,000 |
| c. Okmulgee County AVTS | $3,200,000 |
| d. Southwest AVTS | $1,500,000 |
| e. Wes Watkins AVTS | $1,000,000 |
| f. Western Oklahoma AVTS | $2,000,000 |
| 3. Oklahoma Water Resources Board | $5,700,000 |
| 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 |
| 5. Oklahoma Historical Society | $1,700,000 |
| 6. Department of Human Services | $5,300,000 |
| 7. Department of Corrections for the following purposes: drug offender work camps and meat processing facility at Jackie Brannon | $6,500,000 |
| 8. State Department of Health | $7,500,000 |
| 9. State Department of Agriculture for purposes of dry fire hydrants and rural fire equipment | $1,000,000 |
| 10. Department of Central Services | $4,300,000 |
| 11. Oklahoma Military Department | $800,000 |
| 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 |
| 13. Office of State Finance for expenditure for telecommunications as recommended by the State Data Processing and Telecommunications Advisory Committee | $14,000,000 |
| 14. Oklahoma Department of Libraries for expenditure for matching grant program for handicapped access | $500,000 |
| 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 |
| 16. Department of Mental Health and Substance Abuse Services | $6,400,000 |
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:
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 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.
Article XI
State and School Lands
Art. XI §1 | ACCEPTANCE OF GRANTS AND DONATIONS - PLEDGE OF FAITH OF STATE
Art. XI §2 | PERMANENT SCHOOL FUND - HOW CONSTITUTED - USE - REIMBURSEMENT FOR LOSSES
Art. XI §3 | INTEREST AND INCOME - USE AND APPORTIONMENT
Art. XI §4 | SALE OF LANDS FOR CHARITABLE, PENAL, EDUCATIONAL AND PUBLIC PURPOSES
Art. XI §5 | UNIVERSITY AND COLLEGE LANDS - CONTROL OF INSTITUTIONS - DIVERSION OF FUNDS
Art. XI §6 | INVESTMENT OF PERMANENT COMMON SCHOOL AND OTHER EDUCATIONAL FUNDS
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:
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.
Art. XI §7 | GRANTS OF COMMERCIAL AND AGRICULTURAL LEASES IN TRUST PROPERTY
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.
Article XII
Homestead and Exemptions
Art. XII §1 | EXTENT AND VALUE OF HOMESTEAD - RIGHTS OF INDIANS - TEMPORARY RENTING
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 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.
Art. XII §2 | EXEMPTION FROM FORCED SALE - CONSENT OF SPOUSE TO SALE - MORTGAGES
Art. XII §3 | STATUTES NULLIFIED - EXEMPTION AS TO PURCHASE PRICE RESTRICTED - INCUMBERING PERSONAL EXEMPTIONS - CHANGE OR AMENDMENT OF ARTICLE
The Legislature may change or amend the terms of this article.
Article XII-A
Homestead Exemption from Taxation
Art. XII-A §1 | EXEMPTION FROM AD VALOREM TAXATION AUTHORIZED
Art. XII-A §2 | DURATION OF EXEMPTION - INCREASE OF HOMESTEAD
Article XIII
Education
Art. XIII §1 | ESTABLISHMENT AND MAINTENANCE OF PUBLIC SCHOOLS
Art. XIII §1a | APPROPRIATION AND ALLOCATION OF FUNDS FOR SUPPORT OF COMMON SCHOOLS
Art. XIII §2 | INSTITUTIONS FOR DEAF AND MUTE OR BLIND
Art. 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, SJR NO 10
Art. XIII §4 | COMPULSORY SCHOOL ATTENDANCE
Art. XIII §5 | BOARD OF EDUCATION
Art. XIII §6 | TEXTBOOK SYSTEM FOR COMMON SCHOOLS - OFFICIAL MULTIPLE TEXTBOOK LISTS
Art. XIII §7 | INSTRUCTION IN AGRICULTURE, HORTICULTURE, STOCK FEEDING AND DOMESTIC SCIENCE
Art. XIII §8 | BOARD OF REGENTS OF UNIVERSITY OF OKLAHOMA
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.
Article XIII-A
Oklahoma State System of Higher Education
Art. XIII-A §1 | OKLAHOMA STATE SYSTEM OF HIGHER EDUCATION
Art. XIII-A §2 | OKLAHOMA STATE REGENTS FOR HIGHER EDUCATION - ESTABLISHMENT - MEMBERSHIP - APPOINTMENT - TERMS - VACANCY - POWERS AS COORDINATING BOARD OF CONTROL
The Regents shall constitute a co-ordinating board of control for all State institutions described in Section 1 hereof, with the following specific powers:
(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 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.
Art. XIII-A §3 | APPROPRIATIONS - ALLOCATION
Art. XIII-A §4 | CO-ORDINATION OF PRIVATE, DENOMINATIONAL AND OTHER INSTITUTIONS OF HIGHER LEARNING
Article XIII-B
Board of Regents of Oklahoma Colleges
Art. XIII-B §1 | BOARD OF REGENTS OF OKLAHOMA COLLEGES - CREATION, MEMBERS, TERMS, ETC
Art. XIII-B §2 | POWERS AND DUTIES OF BOARD - OFFICERS, SUPERVISORS, ETC
Art. XIII-B §3 | SUCCESSOR TO EXISTING GOVERNING BOARDS - RECORDS, PAPERS, ETC
Art. XIII-B §4 | SALARIES AND EXPENSES - ALLOCATION OF FUNDS FOR PAYMENT
Article XIV
Banks and Banking
Art. XIV §1 | BANKING DEPARTMENT
Art. XIV §2 | CLASSIFICATION OF LOANS AND LENDERS - LICENSES - MAXIMUM RATES OF INTEREST
Art. XIV §3 | EXCESSIVE RATE - FORFEITURE OF INTEREST - RECOVERY OF DOUBLE INTEREST
Article XV
Oath of Office
Art. XV §1 | OFFICERS REQUIRED TO TAKE OATH OR AFFIRMATION - FORM
"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.
Art. XV §2 | ADMINISTRATION AND FILING OF OATH - REFUSAL TO TAKE - FALSE SWEARING
Article XVI
Public Roads Highways and Internal Improvements
Art. XVI §1 | POWERS OF LEGISLATURE RESPECTING HIGHWAYS
Art. XVI §2 | ACCEPTANCE OF LANDS GRANTED OR RESERVED FOR HIGHWAY
Art. XVI §3 | SYSTEM OF LEVEES, DRAINS, AND DITCHES AND IRRIGATION
Article XVII
Counties
Art. XVII §1 | COUNTIES TO BE BODIES POLITIC AND CORPORATE
Art. XVII §2 | COUNTY AND TOWNSHIP OFFICES
Art. XVII §3 | PROVISION FOR PERSONS IN NEED
Art. XVII §4 | LEGISLATURE TO PROVIDE FOR CREATION OR ALTERATION - SUBMISSION TO VOTE - AREA, POPULATION AND TAXABLE WEALTH
Art. XVII §5 | DISORGANIZATION OF COUNTY
Art. XVII §6 | PROCEDURE FOR REMOVAL OF COUNTY SEAT
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 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.
Art. XVII §7 | BRIBERY
Art. XVII §8 | DESCRIPTION OF COUNTIES - DESIGNATION OF COUNTY SEATS
- 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 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 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 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 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 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; 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 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 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 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.
- 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 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 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 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 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 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 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 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 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; 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 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. 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
Art. XVIII §1 | CREATION - GENERAL OR SPECIAL LAWS - CLASSIFICATION
Art. XVIII §2 | EXISTING MUNICIPAL CORPORATIONS CONTINUED - RIGHTS AND POWERS
Art. XVIII §3a | FRAMING AND ADOPTION OF CHARTER - APPROVAL BY GOVERNOR - EFFECT - RECORD - AMENDMENT
Art. XVIII §3b | ELECTION OF BOARD OF FREEHOLDERS
Art. XVIII §4a | RESERVATION OF POWERS
Art. XVIII §4b | PETITION - SIGNATURES - FILING
Art. XVIII §4c | PRESENTATION OF PETITION TO LEGISLATIVE BODY - SUBMISSION TO VOTERS
Art. XVIII §4d | SUBMISSION TO REFERENDUM VOTE
Art. XVIII §4e | SUBMISSION OF AMENDMENT TO CHARTER
Art. XVIII §5a | GRANT, EXTENSION OR RENEWAL - APPROVAL BY VOTERS - TERM
Art. XVIII §5b | PETITION - CALLING ELECTION - RESULT OF ELECTION
Art. XVIII §6 | BUSINESS OR ENTERPRISE - RIGHT TO ENGAGE IN
Art. XVIII §7 | CONTROL AND REGULATION NOT DIVESTED - SURRENDER OF POWERS - EXCLUSIVE FRANCHISES
Nor shall the power to regulate the charges for public services be surrendered; and no exclusive franchise shall ever be granted.
Article XIX
Insurance
Art. XIX §1 | FOREIGN INSURANCE COMPANIES - CONDITIONS OF DOING BUSINESS
Art. XIX §2 | ENTRANCE FEES - ANNUAL TAX
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.
Art. XIX §3 | NON-PROFIT INSURANCE ORGANIZATIONS
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.
Art. XIX §4 | FEES PAID TO STATE TREASURER
Article XX
Manufacture and Commerce
Art. XX §1 | DENATURIZED ALCOHOL - MANUFACTURE AND SALE
Art. XX §2 | KEROSENE OIL - FLASH TEST - SPECIFIC GRAVITY TEST
Article XXI
Public Institutions
Art. XXI §1 | ESTABLISHMENT AND SUPPORT
Article XXII
Alien and Corporate Ownership of Lands
Art. XXII §1 | ALIENS - OWNERSHIP OF LAND PROHIBITED - DISPOSAL OF LANDS ACQUIRED
Art. XXII §2 | CORPORATIONS - BUYING, ACQUIRING OR DEALING IN REAL ESTATE
Article XXIII
Miscellaneous
Art. XXIII §1 | HOURS OF LABOR ON PUBLIC WORK
Art. XXIII §1A | RIGHT TO WORK
B. No person shall be required, as a condition of employment or continuation of employment, to:
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.
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.
Art. XXIII §2 | CONTRACTING PROHIBITED
Art. XXIII §3 | CHILDREN UNDER FIFTEEN
Art. XXIII §4 | EMPLOYMENT UNDERGROUND - HOURS OF LABOR UNDERGROUND
Art. XXIII §5 | HEALTH AND SAFETY OF EMPLOYEES
Art. XXIII §6 | CONTRIBUTORY NEGLIGENCE - ASSUMPTION OF RISK - QUESTIONS FOR JURY
Art. XXIII §7 | INSTRUCTION IN AGRICULTURE, HORTICULTURE, STOCK FEEDING AND DOMESTIC SCIENCE
Art. XXIII §8 | CONTRACTS WAIVING BENEFITS OF CONSTITUTION INVALID
Art. XXIII §9 | NOTICE OR DEMAND, STIPULATION FOR
Art. XXIII §10 | CHANGE OF SALARY DURING TERM - EXTENSION OF TERM - CONTINUANCE UNTIL QUALIFICATION OF SUCCESSOR
Art. 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, SJR NO 20
Art. XXIII §12 | STATE-ADMINISTERED RETIREMENT SYSTEMS - LIMITATION ON USE OF MONIES
Article XXIV
Constitutional Amendments
Art. XXIV §1 | AMENDMENTS PROPOSED BY LEGISLATURE - SUBMISSION TO VOTE
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 embrace one general subject, each proposed article shall be deemed a single proposal or proposition.
Art. XXIV §2 | CONSTITUTIONAL CONVENTION TO PROPOSE AMENDMENTS OR NEW CONSTITUTION
Art. XXIV §3 | RIGHT OF AMENDMENT BY INITIATIVE PETITION NOT IMPAIRED
Article XXV
Social Security
Art. XXV §1 | RELIEF AND CARE OF NEEDY AGED AND DISABLED PERSONS - CO-OPERATION WITH FEDERAL PLAN
The levy of taxes, other than ad valorem taxes, necessary to carry into effect legislation enacted pursuant thereto, is hereby authorized.
Art. XXV §2 | REPEALED BY STATE QUESTION NO 765, LEGISLATIVE REFERENDUM NO 362, ADOPTED AT ELECTION HELD NOV 6, 2012
Art. XXV §3 | REPEALED BY STATE QUESTION NO 765, LEGISLATIVE REFERENDUM NO 362, ADOPTED AT ELECTION HELD NOV 6, 2012
Art. XXV §4 | REPEALED BY STATE QUESTION NO 765, LEGISLATIVE REFERENDUM NO 362, ADOPTED AT ELECTION HELD NOV 6, 2012
Art. XXV §5 | EFFECT OF LEGISLATION CONTEMPORANEOUSLY ADOPTED
Art. XXV §6 | DEPARTMENT TO ADMINISTER HUMAN SERVICES AND PUBLIC WELFARE
Article XXV-A
Medicaid Expansion
Art. XXV-A §1 | DEFINITIONS
B. "Low Income Adults" refers to those individuals over age 18 and under age 65 whose income does not exceed one-hundred thirty-three percent (133%) of the federal poverty level, as described by and using the income methodology provided in the federal Medicaid statute at 42 U.S.C. § 1396a(a)(10)(A)(i)(VIII), and who meet applicable non-financial eligibility conditions for Medicaid under 42 CFR Part 435, Subpart E.
C. "Medical assistance" means payment of part or all of the cost of the care and services, or the care and services themselves, or both, as provided in the federal Medicaid statute, 42 U.S.C. § 1396 et seq.
D. "Oklahoma Health Care Authority" refers to the single State agency responsible for administering the Oklahoma Medicaid program pursuant to 42 U.S.C. § 1396a(a)(5).
E. "State Plan Amendment" refers to the document(s) the State submits to the Centers for Medicare and Medicaid Services for review and approval before making a change to its program policies, including setting forth the groups of individuals to be eligible for medical assistance.
Art. XXV-A §2 | MEDICAID EXPANSION
B. No greater or additional burdens or restrictions on eligibility or enrollment shall be imposed on persons eligible for medical assistance pursuant to this Article than on any other population eligible for medical assistance under Oklahoma's Medicaid program.
Art. XXV-A §3 | IMPLEMENTATION
B. The Oklahoma Health Care Authority shall take all actions necessary to maximize federal financial participation in funding medical assistance pursuant to this Article.
Art. XXV-A §4 | SEVERABILITY
Article XXVI
Department of Wildlife Conservation
Art. XXVI §1 | CREATION OF DEPARTMENT - WILDLIFE CONSERVATION COMMISSION - MEMBERSHIP - APPOINTMENT - TENURE - VACANCIES - OATH AND BONDS
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.
Art. XXVI §2 | GAME AND FISH LAWS NOT REPEALED - ACQUISITION OF PROPERTY
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.
Art. XXVI §3 | DIRECTOR OF WILDLIFE CONSERVATION
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.
Art. XXVI §4 | DISPOSITION OF FUNDS
Article XXVII
Alcoholic Beverage Laws and Enforcement (Repealed)
Art. XXVII §1 | REPEALED BY STATE QUESTION NO 563, INITIATIVE PETITION NO 319, ADOPTED AT ELECTION HELD ON SEPT 18, 1984
Art. XXVII §2 | REPEALED BY STATE QUESTION NO 563, INITIATIVE PETITION NO 319, ADOPTED AT ELECTION HELD ON SEPT 18, 1984
Art. XXVII §3 | REPEALED BY STATE QUESTION NO 563, INITIATIVE PETITION NO 319, ADOPTED AT ELECTION HELD ON SEPT 18, 1984
Art. XXVII §4 | REPEALED BY STATE QUESTION NO 563, INITIATIVE PETITION NO 319, ADOPTED AT ELECTION HELD ON SEPT 18, 1984
Art. XXVII §5 | REPEALED BY STATE QUESTION NO 563, INITIATIVE PETITION NO 319, ADOPTED AT ELECTION HELD ON SEPT 18, 1984
Art. XXVII §6 | REPEALED BY STATE QUESTION NO 563, INITIATIVE PETITION NO 319, ADOPTED AT ELECTION HELD ON SEPT 18, 1984
Art. XXVII §7 | REPEALED BY STATE QUESTION NO 563, INITIATIVE PETITION NO 319, ADOPTED AT ELECTION HELD ON SEPT 18, 1984
Art. XXVII §8 | REPEALED BY STATE QUESTION NO 563, INITIATIVE PETITION NO 319, ADOPTED AT ELECTION HELD ON SEPT 18, 1984
Art. XXVII §9 | REPEALED BY STATE QUESTION NO 563, INITIATIVE PETITION NO 319, ADOPTED AT ELECTION HELD ON SEPT 18, 1984
Art. XXVII §10 | REPEALED BY STATE QUESTION NO 563, INITIATIVE PETITION NO 319, ADOPTED AT ELECTION HELD ON SEPT 18, 1984
Art. 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
Art. 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.
Art. XXVIII §1A | TRANSITION FROM THE ALCOHOLIC BEVERAGE CONTROL BOARD TO THE ALCOHOLIC BEVERAGE LAWS ENFORCEMENT COMMISSION
Text effective until Oct. 1, 2018
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.Art. XXVIII §2 | EXCLUSION OF BEER OR CEREAL MALT BEVERAGES CONTAINING NOT MORE THAN 32% 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.Art. XXVIII §3 | ENACTMENT OF LAWS BY LEGISLATURE - NONDISCRIMINATORY SALES TO LICENSED WHOLESALE DISTRIBUTORS - WINEMAKERS
Text effective until Oct. 1, 2018
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 winemaker shall be permitted to directly sell its wine to retail package stores or restaurants in this state.
Art. 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.
Art. XXVIII §5 | PROHIBITION OF SALES TO CERTAIN PERSONS - LIMITATION ON ADVERTISING - PENALTIES
Text effective until Oct. 1, 2018
It shall be unlawful for any licensee to sell or furnish any alcoholic beverage to:A person who has been adjudged insane or mentally deficient; or
A person who is intoxicated.
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.
Art. XXVIII §6 | PROHIBITION OF SALES ON CERTAIN DAYS - PENALTIES
Text effective until Oct. 1, 2018
(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.
Art. 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:(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.
(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.
Art. 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.
Art. 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.Art. 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:(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.
(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.
Art. XXVIII §11 | REPEALER
Article XXVIII-A
Alcoholic Beverage Laws and Enforcement
Art. XXVIII-A §1 | BEVERAGES GOVERNED
Text effective Oct. 1, 2018
All beverages that contain alcohol, unless otherwise defined by law, shall be considered alcoholic beverages by this state and therefore governed by this Article and all other applicable laws.Art. XXVIII-A §2 | ENACTMENT OF LAWS BY LEGISLATURE - DIRECT SHIPMENT OF ALCOHOLIC BEVERAGES - DIRECT SALES OF WINE
Text effective Oct. 1, 2018
b. from the date of adoption of this Article by the voters until the effective date of this Article, brewers may continue to obtain and operate up to two (2) low-point beer brewery-owned branches pursuant to the existing low-point beer laws pertaining to the distribution of low-point beer by brewery-owned branches,
c. only after the effective date of this Article, the Legislature may duly enact legislation to require, by statute, the divestiture of all brewery-branches. If the Legislature requires brewers to divest, it must require full divestiture of every brewery-owned branch in the state, and it shall allow brewers at least (1) year but no more than three (3) years to complete said divestiture. Except as provided in this subsection, and except for a small brewer as defined by law, no other member of one tier may own an interest in a business licensed in a different tier;
3. A brewer, with the exception of a small brewer as defined by law, shall not be permitted to sell beer in this state unless such sales occur through an Oklahoma licensed wholesaler pursuant to a wholesaler agreement and remain at-rest in the licensed wholesaler's warehouse for at least twenty-four (24) hours, unless the sale occurs through a wholesaler that has obtained a hardship exception to this twenty-four-hour at-rest requirement. The wholesaler agreement shall designate the territory within which the beer will be sold exclusively by the wholesaler;
4. Winemakers either within or without this state may sell wine produced at their wineries to any licensed wholesaler who desires to purchase the wine; provided, that if a winemaker elects to sell the wine it produces to multiple wholesalers, then such sales shall be made on the same price basis and without discrimination to each wholesaler. In addition to its sales through one or more licensed wholesalers, a winemaker may be authorized to sell its wine as follows:
b. winemakers either within or without this state that annually produce no more than fifteen thousand (15,000) gallons of wine may sell and ship only the wine they produce directly to licensed restaurants or other retail stores and outlets that may be from time to time authorized by the state to sell alcoholic beverages; provided, however, that any such winemaker which elects to directly sell its wine under this subparagraph shall not also use a licensed wholesaler as a means of distribution, and shall be required to sell its wines to every restaurant and other retail store or outlet that may be from time to time authorized by the state to sell wine for off-premise consumption 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-premise consumption and where food is prepared and sold for immediate consumption on the premises. Any winemaker within or without this state that annually produces no more than fifteen thousand (15,000) gallons of wine and elects to directly sell its wine to restaurants and other retail stores and outlets that may be from time to time authorized by the state to sell wine for off-premise consumption 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.
5. Every wholesaler, except a beer wholesaler, must sell its products on the same price basis and without discrimination to all on-premise and off-premise licensees, unless otherwise provided by law. Every beer wholesaler must sell its beer to all on-premise licensees on the same price basis and without discrimination and to all off-premise licensees on the same price basis within a particular county and without discrimination. Every wholesaler must receive payment in full upon receipt of the alcoholic beverage by all on-premise and off-premise licensees. It shall be unlawful for any wholesaler to grant to any member of the retail tier, directly or indirectly, any credit, loan, discount, rebate, free goods, allowance or other inducement not otherwise expressly permitted by state law.
b. who intend the wine for personal use and not for resale,
c. who will not receive by direct shipment more than six (6) nine-liter cases of wine from any single winery per year, and
d. who will not receive by direct shipment more than thirty (30) nine-liter cases of wine per year.
Notes
NOTE:
The provisions of subparagraph b of paragraph 1 of subsection A of Section 2 shall become effective Nov. 15, 2016.Art. XXVIII-A §3 | LEGISLATURE TO PRESCRIBE LICENSES
Text effective Oct. 1, 2018
b. refrigerated and non-refrigerated wine and beer in their original sealed package.
2. A Retail Wine License, which shall be required in order to sell refrigerated or non-refrigerated wine in the original sealed package. Retail Wine Licenses may be owned without limitation on number by retail locations; and
3. A Retail Beer License, which shall be required in order to sell refrigerated or non-refrigerated beer in the original sealed package. Retail Beer Licenses may be owned without limitation on number by retail locations.
2. Retail outlets which were authorized to legally sell low point beer as of the effective date of this section.
Art. XXVIII-A §4 | LICENSE REQUIREMENTS
Text effective Oct. 1, 2018
B. A Wine and Spirits Wholesaler's License shall only be issued to a sole proprietor who has been a resident of this state for at least five (5) years immediately preceding the date of application for such license, or a partnership in which all the partners have satisfied the same residency requirement, except as otherwise provided in this section. A Wine and Spirits Wholesaler's License shall not be issued to a corporation, limited liability company or similar business entity, except as otherwise provided in this section.
C. The holder of a license specified in subsection B of this section may enter into an agreement with a corporation, limited liability company or similar business entity that would otherwise be prohibited from obtaining a license in this state under this section, provided that the corporation, limited liability company or similar business entity:
2. Will actively participate in the day-to-day operations of the license holder;
3. Will secure all necessary permits with the state; and
4. Will not maintain more than a fifty percent (50%) equity interest in the license holder at any time.
E. The State of Oklahoma shall not issue a license to any person who has been convicted of a felony, or to any entity if any individual, partner, director or officer who maintains an ownership interest in the entity, has been convicted of a felony, unless otherwise provided by law.
Art. XXVIII-A §5 | PROHIBITION OF SALES TO CERTAIN PERSONS
Text effective Oct. 1, 2018
2. A person who has been adjudged insane or mentally deficient; or
3. A person who is intoxicated.
C. The Legislature shall, by law, provide penalties for violations of the provisions of this section.
Art. XXVIII-A §6 | LEGISLATURE TO DETERMINE TIMES OF SALES OR SERVICE
Text effective Oct. 1, 2018
The Legislature shall, by law, designate the specific days, hours and holidays on which alcoholic beverages may be sold or served to consumers for off-premise and/or on-premise consumption.Art. XXVIII-A §7 | TAXATION OF ALCOHOLIC BEVERAGES
Text effective Oct. 1, 2018
The retail sale of alcoholic beverages shall be subject to the sales tax laws 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 any entity that sells alcoholic beverages to consumers for off-premise and/or on-premise consumption, the proceeds of which, except sales tax, shall be distributed provided by law.Art. XXVIII-A §8 | STATE AND POLITICAL SUBDIVISIONS PROHIBITED FROM ENGAGING IN BUSINESS
Text effective 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-premise 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.
Art. XXVIII-A §9 | OCCUPATION TAX
Text effective 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.Art. XXVIII-A §10 | EFFECTIVE DATES
Text effective Oct. 1, 2018
The provisions of this Article, except for subparagraph b of paragraph 1 of subsection A of Section 2, shall become effective on October 1, 2018. The provisions of subparagraph b paragraph 1 of subsection A of Section 2 shall become effective upon certification of election returns favoring passage of the Constitutional Amendment set forth in this resolution.Article XXIX
Ethics Commission
Art. XXIX §1 | ETHICS COMMISSION - APPOINTMENTS - QUALIFICATIONS - TERMS - VACANCIES - QUORUM
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.
Art. XXIX §2 | APPROPRIATION - COMPENSATION - STAFF
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.
Art. XXIX §3 | ETHICS RULES
B. After public hearing, the Ethics Commission shall promulgate rules of ethical conduct for state officers and employees, including civil 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.
Art. XXIX §4 | INVESTIGATION - DECISION - SUBPOENA POWER
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.
Art. XXIX §5 | ETHICS INTERPRETATIONS
Art. XXIX §6 | CRIMINAL PENALTIES
Art. XXIX §7 | REMOVAL
Article XXX
Official Actions of State
Art. XXX §1 | OFFICIAL ACTIONS OF STATE - ENGLISH LANGUAGE
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