Executive Department

Section VI-1: Executive officers enumerated - Offices and records - Duties.

 A. The Executive authority of the state shall be vested in a
Governor, Lieutenant Governor, Secretary of State, State Auditor
and Inspector, Attorney General, State Treasurer, Superintendent
of Public Instruction, Commissioner of Labor, Commissioner of
Insurance and other officers provided by law and this
Constitution, each of whom shall keep his office and public
records, books and papers at the seat of government, and shall
perform such duties as may be designated in this Constitution or
prescribed by law.
 B. The Secretary of State shall be appointed by the Governor
by and with the consent of the Senate for a term of four (4)
years to run concurrently with the term of the Governor.

Section VI-2: Supreme power vested in Governor.

  The Supreme Executive power shall be vested in a Chief
Magistrate, who shall be styled "The Governor of the State of
Oklahoma."

Section VI-3: Eligibility to certain state offices.

    No person shall be eligible to the office of Governor, Lieutenant
Governor, Secretary of State, State Auditor and Inspector, Attorney
General, State Treasurer or Superintendent of Public Instruction
except a citizen of the United States of the age of not less than
thirty-one (31) years and who shall have been ten (10) years next
preceding his or her election, or appointment, a qualified elector of
this state.

Section VI-4: Terms of office - Succession.

  The term of office of the Governor, Lieutenant Governor, State
Auditor and Inspector, Attorney General, State Treasurer,
Commissioner of Labor and Superintendent of Public Instruction shall be four (4) years from the second Monday of January next after their election.  The said officers shall be eligible to immediately succeed themselves.  No person shall be elected Governor more than two times in succession.

Section VI-5: Returns of election - Tie votes.

  The returns of every election for all elective state officers
shall be sealed up and transmitted by the returning officers to
the Secretary of State, directed to the Speaker of the House of
Representatives, who shall, immediately after the organization of
the House, and before proceeding to other business, open and
publish the same in the presence of a majority of each branch of
the Legislature, who shall for that purpose assemble in the hall
of the House of Representatives.  The persons respectively having
the highest number of votes for either of the said offices shall
be declared duly elected; but in case two or more shall have an
equal and the highest number of votes for either of said offices,
the Legislature shall, forthwith, by joint ballot, choose one of
the said persons so having an equal and the highest number of
votes for said office.

Section VI-6: Commander-in-Chief of militia - Calling out militia.

  The Governor shall be Commander-in-Chief of the militia of the
State, except when in service of the United States, and may call
out the same to execute the laws, protect the public health,
suppress insurrection, and repel invasion.

Section VI-7: Extraordinary sessions of Legislature.

  The Governor shall have power to convoke the Legislature, or
the Senate only, on extraordinary occasions.  At extraordinary
sessions, no subject shall be acted upon, except such as the
Governor may recommend for consideration.

Section VI-8: Execution of laws - Intercourse with other states and United States - Conservator of peace.

  The Governor shall cause the laws of the State to be faithfully
executed, and shall conduct in person or in such manner as may be
prescribed by law, all intercourse and business of the State with
other states and with the United States, and he shall be a
conservator of the peace throughout the State.

Section VI-9: Messages and communications to Legislature.

  At every session of the Legislature, and immediately upon its
organization, the Governor shall communicate by message,
delivered to a joint session of the two Houses, upon the
condition of the State;  and shall recommend such matters to the
Legislature as he shall judge expedient.  He shall also transmit
a copy, to each house, of the full report of each State officer
and State commission.  He shall communicate, from time to time,
such matters as he may elect or the Legislature may require.

Section VI-10: Reprieves, commutations, paroles and pardons.

 There is hereby created a Pardon and Parole Board to be composed of five members; three to be appointed by the Governor; one by the Chief Justice of the Supreme Court; one by the Presiding Judge of the Criminal Court of Appeals or its successor.  An attorney member of the Board shall be prohibited from representing in the courts of this state persons charged with felony offenses.  The appointed members shall hold their offices coterminous with that of the Governor and shall be removable for cause only in the manner provided by law for elective officers not liable to impeachment.  It shall be the duty of the Board to make an impartial investigation and study of applicants for commutations, pardons or paroles, and by a majority vote make its
recommendations to the Governor of all deemed worthy of clemency. Provided, the Pardon and Parole Board shall have no authority to make recommendations regarding parole for convicts sentenced to death or sentenced to life imprisonment without parole.
The Governor shall have the power to grant, after conviction and
after favorable recommendation by a majority vote of the said Board, commutations, pardons and paroles for all offenses, except cases of impeachment, upon such conditions and with such restrictions and limitations as he 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 convict 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 said Board.
He shall communicate to the Legislature, at each regular session,
each case of reprieve, commutation, parole or pardon, granted,
stating the name of the convict, the crime of which he was convicted, the date and place of conviction, and the date of commutation, pardon, parole and reprieve.

Section VI-11: Approval or veto of bills - Passage over veto - Failure to return bill.

Every bill which shall have passed the Senate and House of
Representatives, and every resolution requiring the assent of
both branches of the Legislature, shall, before it becomes a law,
be presented to the Governor; if he approve, he shall sign it; if
not, he shall return it with his objections to the house in which
it shall have originated, who shall enter the objections at large
in the Journal and proceed to reconsider it.  If, after such
reconsideration, two-thirds of the members elected to that house
shall agree to pass the bill or joint resolution, it shall be
sent, together with the objections, to the other house, by which
it shall likewise be reconsidered; and, if approved by two-thirds
of the members elected to that house, it shall become a law,
notwithstanding the objections of the Governor.  In all such
cases, the vote in both houses shall be determined by yeas and
nays, and the names of the members voting shall be entered on the Journal of each house respectively.  If any bill or resolution
shall not be returned by the Governor within five days (Sundays
excepted) after it shall have been presented to him, the same
shall be a law in like manner as if he had signed it, unless the
Legislature shall, by their adjournment, prevent its return, in
which case it shall not become a law without the approval of the
Governor.  No bill shall become a law after the final adjournment
of the Legislature, unless approved by the Governor within
fifteen days after such adjournment.

Section VI-12: Appropriation bills - Approval or disapproval - Emergency bills.

  Every bill passed by the Legislature, making appropriations of
money embracing distinct items, shall, before it becomes a law,
be presented to the Governor; if he disapproves the bill, or any
item, or appropriation therein contained, he shall communicate
such disapproval, with his reasons therefor, to the house in
which the bill shall have originated, but all items not disapproved shall have the force and effect of law according to the original provisions of the bill.  Any item or items so disapproved shall be void, unless re passed by a two-thirds vote, according to the rules and limitations prescribed in the preceding section in reference to other bills:  Provided, That this section shall not relieve emergency bills of the requirement of the three-fourths vote.

Section VI-13: Officers' commissions - Vacancies.

The Governor shall commission all officers not otherwise
commissioned by law.  All commissions shall run in the name and
by the authority of the "State of Oklahoma," be signed by the
Governor, sealed with the Great Seal of the State of Oklahoma,
and attested by the Secretary of State.  When any office shall
become vacant, he shall, unless otherwise provided by law,
appoint a person to fill such vacancy, who shall continue in
office until a successor shall have been duly elected or
appointed, and qualified according to law.

Section VI-14: Adjournment of Legislature - Changing place of meeting.

  In case of a disagreement between the two houses of the
Legislature, at a regular or special session, with respect to the
time of adjournment, the Governor may, if the facts be certified
to him, by the presiding officer of the house first moving the
adjournment, adjourn them to such time as he shall deem proper,
not beyond the day of the next stated meeting of the Legislature.
He may convoke the Legislature at or adjourn it to another place,
when, in his opinion, the public safety or welfare, or the safety
or health of the members require it:  Provided, however, That
such change or adjournment shall be concurred in by a two-thirds
vote of all the members elected to each branch of the
Legislature.

Section VI-15: Qualifications - President of Senate - Impeachment, etc., during vacancy in Governor's office.

  The Lieutenant Governor shall possess the same qualifications
of eligibility for office as the Governor.  He shall be president
of the Senate, but shall have only a casting vote therein, and
also in joint vote of both houses.  If, during a vacancy of the
office of Governor, the Lieutenant Governor shall be impeached,
displaced, resign, die or be absent from the State, or become
incapable of performing the duties of the office, the president,
pro tempore, of the Senate, shall act as Governor until the
vacancy be filled or the disability shall cease; and if the
president, pro tempore, of the Senate, for any of the above
enumerated causes, shall become incapable of performing the
duties pertaining to the office of Governor, the Speaker of the
House of Representatives shall act as Governor until the vacancy
be filled or the disability shall cease. Further provisions for
succession to the office of Governor shall be prescribed by law.

Section VI-16: Devolution of powers and duties of Governor upon Lieutenant Governor.

  In case of impeachment of the Governor, or of his death,
failure to qualify, resignation, removal from the State, or
inability to discharge the powers and duties of the office, the
said office, with its compensation, shall devolve upon the
Lieutenant Governor for the residue of the term or until the
disability shall be removed.

Section VI-17: Duties generally.

  The Secretary of State shall keep a register of the official
acts of the Governor, and when necessary, shall attest them, and
shall lay copies of the same, together with copies of all papers
relative thereto, before either house of the Legislature when
required to do so.  He shall also perform such other duties as
shall be prescribed by law.

Section VI-18: Custody and use of seal - Designation.

 The Secretary of State shall be the custodian of the Seal of
the State, and authenticate therewith all official acts of the
Governor except his approval of laws.  The said seal shall be
called "The Great Seal of the State of Oklahoma."

Section VI-19: Qualifications, powers and duties.

  The State Auditor and Inspector must have had at least three
years' experience as an expert accountant; his duties shall be,
without notice to such treasurer, to examine the state and all county treasurers' books, accounts and cash on hand or in bank at least twice each year, and publish his report as to every such treasurer once each year.  For the purpose of such examination he shall take complete possession of such treasurer's office.  He shall also prescribe a uniform system of bookkeeping for the use of all
treasurers.  The State Auditor and Inspector shall perform such other duties and have such other powers as may be prescribed by law.

Section VI-20: Department created - Duties.

 A Department of Labor is hereby created to be under the control
of a Commissioner of Labor whose duties shall be prescribed by law.

Section VI-21: Board of Arbitration and Conciliation.

  The Legislature shall create a Board of Arbitration and
Conciliation in the Department of Labor and the Commissioner of
Labor shall be ex-official chairman.

Section VI-22: Insurance Department established - Function.

  There is hereby established an Insurance Department, which
shall be charged with the execution of all laws now in force, or
which shall hereafter be passed, in relation to insurance and
insurance companies doing business in the State.

Section VI-23: Commissioner - Election - Term of office - Qualifications.

  There shall be elected by the qualified electors of the State,
at the first general election, a chief officer of said department, who shall be styled "The Insurance Commissioner," whose term of office shall be four years:  Provided, That the first term of the Insurance Commissioner so elected, shall expire at the time of the expiration of the term of office of the first Governor elected. Said Insurance Commissioner shall be at least twenty-five years of age and well versed in insurance matters.

Section VI-24: Bond of commissioner - Additional duties and qualifications.

  The Insurance Commissioner shall give bond, perform such
duties, and possess such further qualifications as may be
prescribed by law.

Section VI-25: Creation of office - Term and qualifications - Duties, oath and bond.

 There is hereby created a Department of Mines, which shall be
charged with the execution of all laws now in force or which shall
hereafter be passed in relation to mining activities and corporations
engaged in mining activities within the state.

Section VI-26: Mining districts - Assistant inspectors.

  The Legislature shall create mining districts and provide for
the appointment or election of Assistant Inspectors therein, who
shall be under the general control of the Chief Mine Inspector,
and the Legislature shall define their qualifications and duties
and fix their compensation.

Section VI-27: Election - Term - Qualifications.

 A Commissioner of Charities and Corrections shall be elected in
the same manner, at the same time, and for the same term as shall the Governor.  Said officer may be of either sex, and shall be
twenty-five years of age or over; in all other respects said
officer shall have the qualifications which shall be required of
the Governor.

Section VI-28: Powers and duties - Report of investigations.

  The Commissioner of Charities and Corrections shall have the
power and it is hereby made his or her duty, to investigate the
entire system of public charities and corrections, to examine
into the condition and management of all prisons, jails,
alms-houses, reformatories, reform and industrial schools,
hospitals, infirmaries, dispensaries, orphanages, and all public
and private retreats and asylums, which derive their support
wholly or in part from the State, or from any county or
municipality within the State; and the officers of the various
institutions named herein shall promptly, upon demand, furnish
the said Commissioner with such information, relating to their
respective institutions, as shall be demanded by said
Commissioner, in writing.  The said Commissioner shall have the
power to summon any person to appear and produce such books and papers as shall be designated in the summons, and to give
testimony under oath concerning the matter and institution under
investigation.  The said Commissioner shall have the power to
administer oaths to such persons as may be summoned, and to
enforce all such powers as are given to notaries public when they
are taking depositions.  A full report of said investigation,
including the testimony, shall be promptly made to the Governor
and shall be transmitted by him to the next Legislature with any
suggestions which he may desire to make.

Section VI-29: Report and suggestions.

 On the first day of October of each year, and at any time on
request of the Governor, the said Commissioner shall make a full
and complete report of the operations and administration of said
office, with such suggestions as said Commissioner may deem
suitable and pertinent.

Section VI-30: Power of Legislature.

  The Legislature shall have the power to alter, amend, or add to
the duties of, or grant additional authority to, such Commissioner.

Section VI-31: Creation and membership - Status authority and duties.

  A Board of Agriculture is hereby created to be composed of five
members all of whom shall be farmers and shall be selected in the
manner prescribed by law.
Said Board shall be maintained as a part of the State
government, and shall have jurisdiction over all matters
affecting animal industry and animal quarantine regulation, and
shall be the Board of Regents of all State Agricultural and
Mechanical Colleges, and shall discharge such other duties and
receive such compensation as now is, or may hereafter be,
provided by law.  

Section VI-31a: Board of Regents for agricultural and mechanical schools and colleges - Members - Vacancies - Removal - Terms.

  There is hereby created a Board of Regents for the Oklahoma
Agricultural and Mechanical College and all Agricultural and
Mechanical Schools and Colleges maintained in whole or in part by
the State.  The Board shall consist of nine (9) members, eight
(8) members to be appointed by the Governor by and with the
advice and consent of the Senate, a majority of whom shall be
farmers, and the ninth member shall be the President of the State
Board of Agriculture.  Any vacancy occurring among the appointed
members shall be filled by appointment of the Governor by and
with the advice and consent of the Senate.  The members of the
Board shall be removable only for cause as provided by law for
the removal of officers not subject to impeachment.  The members
shall be appointed for terms of eight (8) years each, with one
term expiring each year, provided that the members of the first
Board shall be appointed for terms of from one (1) to eight (8)
years respectively.  Provided that no State, National or County
officer shall ever be appointed as a member of said Board of
Regents until two years after his tenure as such officer has
ceased.  

Section VI-32: Membership and functions.

    A. The Governor, Lieutenant Governor, State Auditor,
Superintendent of Public Instruction and the President of the Board
of Agriculture shall constitute the Commissioners of the Land Office,
who shall have charge of the sale, rental, disposal and managing of
the school lands and other public lands of the state, and of the
funds and proceeds derived therefrom, under rules and regulations
prescribed by the Legislature.
    B. Should the offices of State Examiner and Inspector and State
Auditor be consolidated in the office of State Auditor and Inspector,
the State Auditor shall be replaced as a member of the Commissioners of the Land Office by the State Auditor and Inspector.  Should the offices not be so consolidated, the membership of the Board shall remain as prescribed in subsection A of this section.

Section VI-33: Accounts and reports of officers and commissioners.

  An account shall be kept by the officers and commissioners of
the State of all moneys and chooses in action disbursed or
otherwise disposed of severally by them, from all sources, and
for every service performed; and a report thereof shall be made
semi-annually and as often as may be required by law, to the
Governor under oath. The Governor may, at any time, require
information in writing, under oath, from all officers and
commissioners of the State, and all officers of State institutions, penal, eleemosynary, educational, and industrial on any subject relating to their respective offices and institutions; which information, when so required, shall be furnished by such officers and managers; and any officer or manager who, at any time, shall make a false report, shall be punished as by law provided.

Section VI-34: Compensation of officers.

  Each of the officers in this article named shall, at stated
times, during his continuance in office, receive for his services
a compensation, which shall not be increased or diminished during
the term for which he shall have been elected; nor shall he
receive to his use, any fees, cost, or perquisites of office or
other compensation.

Section VI-35: Description of seal.

  In the center shall be a five pointed star, with one ray
directed upward.  The center of the star shall contain the
central device of the seal of the Territory of Oklahoma,
including the words, "Labor Omnia Vincit."  The upper left hand
ray shall contain the symbol of the ancient seal of the Cherokee
Nation, namely:  A seven pointed star partially surrounded by a
wreath of oak leaves. The ray directed upward shall contain the
symbol of the ancient seal of the Chickasaw Nation, namely:  An
Indian warrior standing upright with bow and shield.  The lower
left hand ray shall contain the symbol of the ancient seal of the
Creek Nation, namely:  A sheaf of wheat and a plow.  The upper
right hand ray shall contain the symbol of the ancient seal of
the Choctaw Nation, namely:  A tomahawk, bow, and three crossed
arrows.  The lower right hand ray shall contain the symbol of the
ancient seal of the Seminole Nation, namely:  A village with
houses and a factory beside a lake upon which an Indian is
paddling a canoe.  Surrounding the central star and grouped
between its rays shall be forty-five small stars, divided into
five clusters of nine stars each, representing the forty-five
states of the Union, to which the forty-sixth is now added.  In a
circular band surrounding the whole device shall be inscribed,
"GREAT SEAL OF THE STATE OF OKLAHOMA 1907."