OKLAHOMA STATUTES ANNOTATED Amendments - 1907-1980 *** MSTART 001 005.0 001.0 0 OK 1907 1978 *** Article 1, section 5 5. Provisions shall be made for the establishment and maintenance of a system of public schools, which shall be open to all the children of the state and free from sectarian control; and said schools shall always be conducted in English: Provided, that nothing herein shall preclude the teaching of other languages in said public schools. New. Added November 7, 1978. *** MEND *** *** MSTART 002 007.0 001.0 0 OK 1907 1959 *** Article 1, section 7 repealed April 7, 1959. *** MEND *** *** MSTART 003 011.0 002.0 0 OK 1907 1914 *** Article 2, section 11 11. Every person elected or appointed to any office or employment of trust or profit under the laws of the State, or under any ordinance of any municipality thereof, shall give personal attention to the duties of the office to which he is elected or appointed. Drunkenness and the excessive use of intoxicating liquors while in office shall constitute sufficient cause for impeachment or removal therefrom. Amended August 4, 1914. *** MEND *** *** MSTART 004 018.0 002.0 0 OK 1907 1971 *** Article 2, section 18 18. A grand jury shall be composed of twelve (12) persons, any nine (9) of whom concurring may find an indictment or true bill. A grand jury shall be convened upon the order of a district judge upon his own motion; or such grand jury shall be ordered by a district judge upon the filing of a petition therefor signed by qualified electors of the county equal to one percent (1%) of the population of the county according to the last preceding Federal Decennial Census, with the minimum number of required signatures being two hundred (200) and the maximum being five hundred (500); and further providing that in any calendar year in which a grand jury has been convened pursuant to a petition therefor, then any subsequent petition filed during the same calendar year shall require double the minimum number of signatures as were required hereunder for the first petition; or such grand jury shall be ordered convened upon the filing of a verified application by the Attorney General of the State of Oklahoma who shall have authority to conduct the grand jury in investigating crimes which are alleged to have been committed in said county or involving multicounty criminal activities; when so assembled such grand jury shall have power to inquire into and return indictments for all character and grades of crime. All other provisions of the Constitution or the laws of this state in conflict with the provisions of this constitutional amendment are hereby expressly repealed. Amended December 7, 1971. *** MEND *** *** MSTART 005 019.0 002.0 0 OK 1907 1969 *** Article 2, section 19 19. The right of trial by jury shall be and remain inviolate, except in civil cases wherein the amount in controversy does not exceed One Hundred Dollars ($100.0), or in criminal cases wherein punishment for the offense charged is by fine only, not exceeding One Hundred Dollars ($100.0). Provided, however, that the Legislature may provide for jury trial in cases involving lesser amounts. Juries for the trial of civil and criminal cases shall consist of twelve (12) persons; but in the trial of misdemeanors, proceedings for the violation of ordinances or regulations of cities and towns, juvenile proceedings, actions for forcible entry and detainer, or detention only, of real property and collection of rents therefor, and civil cases concerning causes of action involving less than Twenty-five Hundred Dollars ($2,500.0), juries shall consist of six (6) persons. In civil cases, and in criminal cases less than felonies, three-fourths ( ) of the whole number of jurors concurring shall have power to render a verdict. In all other cases the entire number of jurors must concur to render a verdict. In case a verdict is rendered by less than the whole number of jurors, the verdict shall be in writing and signed by each juror concurring therein. Amended Sept. 17, 1968, effective Jan. 13, 1969. *** MEND *** *** MSTART 006 020.0 002.0 0 OK 1907 1961 *** Article 2, section 20 20. In all criminal prosecutions the accused shall have the right to a speedy and public trial by an impartial jury of the county in which the crime shall have been committed or, where uncertainty exists as to the county in which the crime was committed, the accused may be tried in any county in which the evidence indicates the crime might have been committed. Provided, that the venue may be changed to some other county of the state, on the application of the accused, in such manner as may be prescribed by law. He shall be informed of the nature and cause of the accusation against him and have a copy thereof, and be confronted with the witnesses against him, and have compulsory process for obtaining witnesses in his behalf. He shall have the right to be heard by himself and counsel; and in capital cases, at least two days before the case is called for trial, he shall be furnished with a list of the witnesses that will be called in chief, to prove the allegations of the indictment or information, together with their postoffice addresses. Amended Sept. 12, 1961. *** MEND *** *** MSTART 007 027.0 002.0 0 OK 1907 1971 *** Article 2, section 27 27. Any persons having knowledge or possession of facts that tend to establish the guilty of any other person or corporation under the laws of the state shall not be excused from giving testimony or producing evidence, when legally called upon so to do, on the ground that it may tend to incriminate him under the laws of the state; but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he may so testify or produce evidence. All other provisions of the Constitution or the laws of this state in conflict with the provisions of this constitutional amendment are hereby expressly repealed. Amended Dec. 7, 1971. *** MEND *** *** MSTART 008 001.0 003.0 0 OK 1907 1978 *** Article 3, section 1 1. Subject to such exception s as the Legislature may prescribe, all citizens of the United States, over the age of eighteen (18) years, who are bona fide residents of this state, are qualified electors of this state. New. Added Nov. 7, 1978. *** MEND *** *** MSTART 009 002.0 003.0 0 OK 1907 1978 *** Article 3, section 2 2. The Legislature shall create a State Election Board to be charged with the supervision of such elections as the Legislature shall direct. No more than a majority of the members of said Board shall be selected from the same political party. New. Added Nov. 7, 1978. *** MEND *** *** MSTART 010 003.0 003.0 0 OK 1907 1978 *** Article 3, section 3 3. The Legislature may enact laws providing for a mandatory primary system which shall provide for the nomination of all candidates in all elections for federal, state, county and municipal offices, for all political parties, except for the office of Presidential Elector, the candidates for which shall be nominated by the recognized political parties at their conventions. The Legislature also shall enact laws providing that citizens may, by petition, place on the ballot the names of independent, nonpartisan candidates for office, including the office of Presidential Elector. New. Added Nov. 7, 1978. *** MEND *** *** MSTART 011 004.0 003.0 0 OK 1907 1978 *** Article 3, section 4 4. The Legislature shall prescribe the time and manner of holding and conducting all elections, and enact such laws as may be necessary to detect and punish fraud in such elections. The Legislature may provide by law for the registration of electors throughout the state and, when it is so provided, no person shall vote at any election unless he shall have registered according to law. New. Added Nov. 7, 1978. *** MEND *** *** MSTART 012 005.0 003.0 0 OK 1907 1978 *** Article 5, section 3 3. All elections shall be free and equal. No power, civil or military, shall ever interfere to prevent the free exercise of the right of suffrage, and electors shall, in all cases, except for treason, felony, and breach of the peace, be privileged from arrest during their attendance on elections and while going to and from the same. New. Added Nov. 7, 1978. *** MEND *** *** MSTART 013 003.0 005.0 0 OK 1907 1974 *** Article 5, section 3 3. Referendum petitions shall be filed with the Secretary of State not more than ninety (90) days after the final adjournment of the session of the Legislature which passed the bill on which the referendum is demanded. The veto power of the Governor shall not extend to measures voted on by the people. All election son measures referred to the people of the state shall be had at the next election held throughout the state, except when the legislature or the Governor shall order a special election for the express purpose of making such reference. Any measure referred to the people of making such reference. Any measure referred to the people by the initiative or referendum shall take effect and be in force when it shall have been approved by a majority of the votes cast thereon and not otherwise. The style of all bills shall be: "Be it Enacted By the People of the State of Oklahoma." Petitions and orders for the initiative and for the referendum shall be filed with the Secretary of State and addressed to the Governor of the state, who shall submit the same to the people. The Legislature shall make suitable provisions for carrying into effect the provisions of this article. Amended Aug. 27, 1974. *** MEND *** *** MSTART 014 005.A 005.0 0 OK 1907 1913 *** Article 5, section 5a 5a. Each county in the State of Oklahoma may be a majority of the legal voters of such county voting upon the proposition, abolish township organization or government. The Board of County Commissioners of such county, upon a petition signed by sixteen per centum of the total number of votes cast at the last general election for the county office receiving the highest number of votes, praying that the question of abolishing township organization or government be submitted to a vote of the county, shall within thirty days after the regular meeting of such board next convening after the filing of such petition, all a special election for such purpose, or the board may in their discretion submit such question at the next general election held after the filing of such petition. If such question shall be carried, township organization or government shall cease in such county, and all the duties theretofore performed by the township officers shall be case upon and be performed by such county officers having like duties to perform in relation to the county at large as such township officers performed in relation to the township at large. At any general election after the abolition of township organization or government the question of returning to township government may be submitted as provided for the submission of the question of abolishing such government, and if a majority of the votes cast upon such question be in favor of township government the same shall thereupon be established, and the Board of County Commissioners shall appoint the full quota of township officers, who shall hold their offices and perform the duties thereof until their successors shall have been elected at the next general election and until they have been qualified. Except as otherwise specifically provided by this section, the law relating to carrying into effect the initiative and referendum provisions of the Constitution shall govern. New. Added Aug. 5, 1913. *** MEND *** *** MSTART 015 009.0 005.0 0 OK 1907 1964 *** Article 5, section 9 repealed May 26, 1964. *** MEND *** *** MSTART 016 009.A 005.0 0 OK 1907 1964 *** Article 5, section 9a repealed may 26, 1964. Replaced by new Article 5, section 9a on same date. See amendment number 17. *** MEND *** *** MSTART 017 009.A 005.0 0 OK 1907 1964 *** Article 5, section 9a 9a. The state shall be apportioned into forty-eight senatorial districts in the following manner: the nineteen most populous counties, as determined by the most recent Federal Decennial Census, shall constitute nineteen senatorial districts with one senator to be nominated and elected from each district; the fifty-eight less populous counties shall be joined into twenty-nine two- county districts with one senator to be nominated and elected from each of the two-county districts. In apportioning the State Senate, consideration shall be given to population, compactness, area, political units, historical precedents, economic and political interests, contiguous territory, and other major factors, to the extent feasible. 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. New. Added May 26, 1964. *** MEND *** *** MSTART 018 009.B 005.0 0 OK 1907 1964 *** Article 5, section 9b repealed May 26, 1964. *** MEND *** *** MSTART 019 010.0 005.0 0 OK 1907 1964 *** Article 5, section 10 repealed May 26, 1964. *** MEND *** *** MSTART 020 010.A 005.0 0 OK 1907 1964 *** Article 5, section 10a 10a. The House of Representatives shall consist of the number of Representatives as determined by the formula and procedure set forth herein. The number of members of the House of Representatives to which each county shall be entitled shall be determined according to the following formula: a. The total population of the state as ascertained by the most recent Federal Decennial Census shall be divided by the number one hundred and the quotient shall be the ratio of representation in the House of Representatives, except as otherwise provided in this Article. b. Every county having a population less than one full ratio shall be assigned one Representative; every county containing an entire ratio but less than two ratios shall be assigned two Representatives; every county containing a population of two entire ratios but less than three ratios shall be assigned three Representatives; and every county containing a population of three entire ratios but less than four ratios shall be assigned four Representatives. After the first four Representatives, a county shall qualify for additional representation on the basis of two whole ratios of population for each additional Representative. Each Representative nominated and elected shall hold office for two years. New. Added May 26, 1964. *** MEND *** *** MSTART 021 011.0 005.0 0 OK 1907 1964 *** Article 5, section 11 repealed May 26, 1964. *** MEND *** *** MSTART 022 011.A 005.0 0 OK 1907 1976 *** Article 5, section 11a 11a. The apportionment of the Legislature shall be accomplished by the Legislature according to the provisions of this article, within ninety (90) legislative days after the convening of the first regular session of the Legislature following each Federal Decennial Census. If the Legislature shall fail or refuse to make such apportionment within the time provided herein, then such apportionment shall be accomplished by an Apportionment Commission composed of the Attorney General, Superintendent of Public Instruction and the State Treasurer of the State of Oklahoma according to the provisions of this article. Amended Nov. 2, 1976. *** MEND *** *** MSTART 023 011.B 005.0 0 OK 1907 1964 *** Article 5, section 11b 11b. Each order of apportionment rendered by the Apportionment Commission shall be in writing and shall be filed with the Secretary of State and shall be signed by at least two members of the Commission. New. Added May 26, 1964. *** MEND *** *** MSTART 024 011.C 005.0 0 OK 1907 1964 *** Article 5, section 11c 11c. Any qualified elector may seek a review of any apportionment order of the Commission, or apportionment law of the legislature, within sixty days from the filing thereof, by filing in the Supreme Court of Oklahoma a petition which must set forth a proposed apportionment more nearly in accordance with this Article. Any apportionment of either the Senate or the House of Representatives, as ordered by the Commission, or apportionment law of the legislature, from which review is not sought within such time, shall become final. The court shall give all cases involving apportionment precedence over all other cases and proceedings; and if said court be not in session, it shall convene promptly for the disposal of the same. New. Added May 26, 1964. *** MEND *** *** MSTART 025 011.04 005.0 0 OK 1907 1964 *** Article 5, section 11d 11d. Upon review, the Supreme Court shall determine whether or not the apportionment order of the Commission or act of the legislature is in compliance with the formula as set forth in this Article and, if so, it shall require the same to be filed or refiled as the case may be with the Secretary of State forthwith, and such apportionment shall become final on the date of said writ. In the event the Supreme Court shall determine that the apportionment order of said Commission or legislative act is not in compliance with the formula for either the Senate or the House of Representatives as set forth in this Article, it will remand the matter to the Commission with directions to modify its order to achieve conformity with the provisions of this Article. New. Added May 26, 1964. *** MEND *** *** MSTART 026 011.05 005.0 0 OK 1907 1964 *** Article 5, section 11e 11e. The Supreme Court, upon petition of any qualified elector alleging failure of the Commission to timely act, is hereby vested with original jurisdiction to compel, and shall compel, the Commission to make the apportionment as herein provided. It shall also have exclusive jurisdiction of any review hereunder. If more than one petition be filed, the court shall consolidate such proceedings for hearing and disposition, and shall file its opinion and issue its writ within sixty days from the timely filing of such last petition. In the event any action filed hereunder shall be abandoned or dismissed, any other qualified elector shall be allowed to intervene within ten days thereof. *** MEND *** *** MSTART 027 012.0 005.0 0 OK 1907 1964 *** Article 5, section 12 repealed May 26, 1964. *** MEND *** *** MSTART 028 013.0 005.0 0 OK 1907 1964 *** Article 5, section 13 repealed May 26, 1964. *** MEND *** *** MSTART 029 014.0 005.0 0 OK 1907 1964 *** Article 5, section 14 repealed May 26, 1964. *** MEND *** *** MSTART 030 015.0 005.0 0 OK 1907 1964 *** Article 5, section 15 repealed May 26, 1964. *** MEND *** *** MSTART 031 016.0 005.0 0 OK 1907 1964 *** Article 5, section 16 repealed May 26, 1964. *** MEND *** *** MSTART 032 021.0 005.0 0 OK 1907 1968 *** Article 5, section 21 21. The Legislature shall enact laws to prohibit members of the Legislature from engaging in activities or having interests which conflict with the proper discharge of their duties and responsibilities. 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 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 filed by the Board on Legislative Compensation. Said Board shall each two years review the compensation paid to the members of the Legislature and shall be empowered to change such compensation; such change to become effective on the fifteenth day following the succeeding general election. The members of the Board shall serve without compensation, but shall be entitled to receive necessary travel and subsistence expense as provided by law for other state officers. Amended Aug. 27, 1968. *** MEND *** *** MSTART 033 026.0 005.0 0 OK 1907 1966 *** Article 5, section 26 26. The Legislature shall meet in regular session at the seat of government on the first Tuesday after the first Monday in January of each year, beginning at twelve o'clock noon, or upon such other day as may be provided by law. Each regular session of the Legislature shall be limted to ninety legislative days. Amended May 24, 1966. *** MEND *** *** MSTART 034 027.0 005.0 0 OK 1907 1966 *** Article 5, section 27 27. The Legislature shall hold regular annual sessions as herein provided, but this shall not prevent the calling of special sessions of the Legislature by the Governor. Amended May 24, 1966. *** MEND *** *** MSTART 035 027.A 005.0 0 OK 1907 1980 *** Article 5, section 27-A 27-A. (1) The Legislature may be called into special session by a written call for such purposes as may be specifically set out in the call, signed by two-thirds ( ) of the members of the Senate and two-thirds ( ) of the members of the House of Representatives when it is filed with the President Pro Tempore of the Senate and the Speaker of the House of Representatives who shall issue jointly an order for the convening of the special session. (2) Nothing in this section shall prevent the calling of a special session of the Legislature by the Governor, as provided by the Constitution of the State of Oklahoma. New. Added Nov. 4, 1980. *** MEND *** *** MSTART 036 053.0 005.0 0 OK 1907 1954 *** Article 5, section 53 53. Except as to tax and assessment charges against real property remaining delinquent and unpaid for a period of time as long or longer than that provided by law to authorize the taking title to real property by prescription, the Legislature shall have no power to release or extinguish, or to authorize the releasing or extinguishing, in whole or in part, the indebtedness, liabilities, or obligations of any corporation or individual, to this State, or any county or other municipal corporation thereof. Amended Nov. 2, 1954. *** MEND *** *** MSTART 037 061.0 005.0 0 OK 1907 1936 *** Article 5, section 61 61. The Legislature may enact laws authorizing cities to pension meritorious and disabled police officers. Added Nov. 3, 1936. *** MEND *** *** MSTART 038 062.0 005.0 0 OK 1907 1942 *** Article 5, section 52 The Legislature may enact laws to provide for the retirement for meritorious service of teachers and other employees in the public schools, colleges and universities in this State supported wholly or in part by public funds, and may provide for payments to be made and accumulated from public funds, either of the State or of the several school districts. Payments from public funds shall be made in conformity to equality and uniformity within the same classifications according to duration of service and remuneration received during such service. New. Added July 14, 1942. *** MEND *** *** MSTART 039 063.0 005.0 0 OK 1907 1962 *** Article 5, section 63 63. The Legislature, in order to insure continuity of State and local governmental operations in periods of emergency resulting from disasters caused by enemy attack or in periods of emergency resulting from the imminent threat of such disasters, shall have the power and the immediate duty (1) to provide for prompt and temporary succession to the powers and duties of public offices, of whatever nature and whether filled by election or appointment, the incumbents of which may become unavailable for carrying on the powers and duties of such offices; and (2) to adopt such other measures as may be necessary and proper for so insuring the continuity of governmental operations. In the exercise of the powers hereby conferred, the Legislature shall in all respects conform to the requirements of this Constitution. New. Added May 22, 1962. *** MEND *** *** MSTART 040 001.0 006.0 0 OK 1907 1979 *** Article 6, section 1 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, Chief Mine Inspector, Commissioner of Labor, Commissioner of Insurance and other officers provided by law and this Constitution, each of who 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, Chief Mine Inspector and the Commissioner of Labor shall be appointed by the Governor by and with the consent of the Senate for terms of four (4) years to run concurrently with the term of the Governor. Amended July 22, 1975, effective Jan. 8, 1979. *** MEND *** *** MSTART 041 003.0 006.0 0 OK 1907 1979 *** Article 6, section 3 3. No person shall be eligible to the office of Governor, Lieutenant Governor, Secretary of State, State Auditor and Inspector, Attorney General, State Treasurer or Superintendent of Public Instruction except a citizen of the United States of the age of not less than thirty-one (31) years and who shall have been ten (10) years next preceding his or her election, or appointment, a qualified elector of this state. Amended July 22, 1975, effective Jan. 8, 1979. *** MEND *** *** MSTART 042 004.0 006.0 0 OK 1907 1979 *** Article 6, section 4 4. The term of office of the Governor, Lieutenant Governor, State Auditor and Inspector, Attorney General, State Treasurer 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. Amended July 22, 1975, effective Jan. 8, 1979. *** MEND *** *** MSTART 043 010.0 006.0 0 OK 1907 1978 *** Article 6, section 10 10. 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. 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. The Legislature shall have the authority to prescribe for those persons convicted of three felonies arising out of separate and distinct transactions a minimum mandatory period of confinement which must be served 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 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. Amended November 7, 1978. *** MEND *** *** MSTART 044 019.0 006.0 0 OK 1907 1979 *** Article 6, section 19 19. The State Auditor and Inspector must have had at least three years' experience as an expert accountant; his duties shall be, without notice to such treasurer, to examine the state and all county treasurers' books, accounts and cash on hand or in bank at least twice each year, and publish his report as to every such treasurer once each year. For the purpose of such examination he shall take complete possession of such treasurer's office. He shall also prescribe a uniform system of bookkeeping for the use of all treasurers. The State Auditor and Inspector shall perform such other duties and have such other powers as may be prescribed by law. Amended July 22, 1975, effective Jan. 8, 1979. *** MEND *** *** MSTART 045 020.0 006.0 0 OK 1907 1979 *** Article 6, section 20 20. A Department of Labor is hereby created to be under the control of a Commissioner of Labor whose duties shall be prescribed by law. Amended July 22, 1975, effective Jan. 8, 1979. *** MEND *** *** MSTART 046 025.0 006.0 0 OK 1907 1979 *** Article 6, section 25 25. The office of Chief Inspector of Mines, Oil and Gas is hereby created, and the incumbent of said office shall be known as the Chief Mine Inspector. No person shall serve in said office unless he shall have had eight (8) years' actual experience as a practical miner, and such other qualifications as may be prescribed by the legislature. The Chief Mine Inspector shall perform the duties, take the oath and execute the bond prescribed by the Legislature. Amended July 22, 1975, eff. Jan. 8, 1979. *** MEND *** *** MSTART 047 027.0 006.0 0 OK 1907 1979 *** Article 6, section 27 repealed July 22, 1975, effective January 8, 1979. *** MEND *** *** MSTART 048 028.0 006.0 0 OK 1907 1979 *** Article 6, section 28 repealed July 22, 1975, effective January 8, 1979. *** MEND *** *** MSTART 049 029.0 006.0 0 OK 1907 1979 *** Article 6, section 29 repealed July 22, 1975, effective January 8, 1979. *** MEND *** *** MSTART 050 030.0 006.0 0 OK 1907 1979 *** Article 6, section 30, repealed July 22, 1975, effective January 8, 1979. *** MEND *** *** MSTART 051 031.0 006.0 0 OK 1907 1913 *** Article 6, section 31 31. A Board of Agriculture is hereby created to be composed of five members all of whom shall be farmers and shall be selected in the manner prescribed by law. Said Board shall be maintained as a part of the State government, and shall have jurisdiction over all matters affecting animal industry and animal quarantine regulation, and shall be the Board of Regents of all State Agricultural and Mechanical Colleges, and shall discharge such other duties and receive such compensation as now is, or may hereafter be, provided by law. Amended August 5, 1913. *** MEND *** *** MSTART 052 031.0 006.0 0 OK 1907 1944 *** Article 6, section 31 31. 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 while 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. New. Added July 11, 1944. *** MEND *** *** MSTART 053 001.0 007.0 0 OK 1907 1967 *** Article 7, section 1 repealed July 11, 1967. Replaced by new article 7, section 1 on same date. See amendment number 54. *** MEND *** *** MSTART 054 001.0 007.0 0 OK 1907 1967 *** Article 7, section 1 1. The judicial power of this State shall be vested in the Senate, sitting as a Court of Impeachment, a Supreme Court, the Court of Criminal Appeals, the Court on the Judiciary, the State Industrial Court, the Court of Bank Review, the Court of Tax Review, and such intermediate appellate courts as may be provided by statute, District Courts, and such Boards, Agencies and Commissions created by the Constitution or established by statute as exercise adjudicative authority or render decisions in individual proceedings. Provided that the Court of Criminal Appeals, the State Industrial Court, the Court of Bank Review and the Court of Tax Review and such Boards, Agencies and Commissions as have been established by statute shall continue in effect, subject to the power of the Legislature to change or abolish said Courts, Boards, Agencies, or Commissions. Municipal Courts in cities or incorporated towns shall continue in effect and shall be subject to creation, abolition or alteration by the Legislature by general laws, but shall be limited in jurisdiction to criminal and traffic proceedings arising out of infractions of the provisions of ordinances of cities and towns or of duly adopted regulations authorized by such ordinances. New. Added July 11, 1967. *** MEND *** *** MSTART 055 002.0 007.0 0 OK 1907 1967 *** Article 7, section 2 repealed July 11, 1967. Replaced by new article 7, section 2 on same date. See amendment number 56. *** MEND *** *** MSTART 056 002.0 007.0 0 OK 1907 1967 *** Article 7, section 2 2. The Supreme Court shall consist of nine Justices until the number shall be changed by statute and each Justice shall be from a separate district of the State. Each district shall remain as presently constituted until otherwise provided by Statute. The terms of office of the Justice of the Supreme Court shall be six years and shall commence on the second Monday of January following their election. Those appointed or elected to fill vacancies shall assume office immediately upon qualifying for the office. Each Justice, at the time of his election or appointment, shall have attained the age of thirty years shall have been a qualified elector in the district for at least one year immediately prior to the date of filing or appointment, and shall have been a licensed practicing attorney or judge of a court of record, or both, in Oklahoma for five years preceding his election or appointment and shall continue to be a duly licenses attorney while in office to be eligible to hold the office. The Justices shall choose from among their members a Chief Justice and a Vice Chief Justice. New. Added July 11, 1967. *** MEND *** *** MSTART 057 003.0 007.0 0 OK 1907 1967 *** Article 7, section 3 repealed July 11, 1967. Replaced by new article 7, section 3 on same date. See amendment number 58. *** MEND *** *** MSTART 058 003.0 007.0 0 OK 1907 1967 *** Article 7, section 3 3. From each of the Supreme Court districts and Court of Criminal Appeals districts, the voters thereof shall elect a Justice of the Supreme Court and a Judge of the Court of Criminal Appeals at a non-partisan election, in a manner provided by statute. In the event intermediate appellate courts are created, the judges thereof shall be elected at a non-partisan election, in a manner provided by statute. In the event of a vacancy the Governor shall, by appointment from said district, fill such vacancy until the next election for State Officers, and at such election the vacancy for the unexpired term shall be filled by a non-partisan election in a manner provided by statute. New. Added July 11, 1967. *** MEND *** *** MSTART 059 004.0 007.0 0 OK 1907 1967 *** Article 7, section 4 repealed July 11, 1967. New article 7, section 4 added on the same date. See amendment number 60. *** MEND *** *** MSTART 060 004.0 007.0 0 OK 1907 1967 *** Article 7, section 4 4. The appellate jurisdiction of the Supreme Court shall be coextensive with the State and shall extend to all cases at law and in equity; except that the Court of Criminal Appeals shall have exclusive appellate jurisdiction in criminal cases until otherwise provided by statute and in the event there is any conflict as to jurisdiction, the Supreme Court shall determine which court has jurisdiction and such determination shall be final. The original jurisdiction of the Supreme Court shall extend to a general superintending control over all inferior courts and all Agencies, Commissions and Boards created by law. The Supreme Court; Court of Criminal Appeals, in criminal matters and all other appellate courts shall have power to issue, hear and determine writs of habeas corpus, mandamus, quo warranto, certiorari, prohibition and such other remedial writs as may be provided by law and may exercise such other and further jurisdiction as may be conferred by statute. Each of the Justices or Judges shall have power to issue writs of habeas corpus to any part of the State upon petition by or on behalf of any person held in actual custody and make such writs returnable before himself, or before the Supreme Court, other Appellate Courts, or before any District Court, or judge thereof in the State. The appellate and the original jurisdiction of the Supreme Court and all other appellate courts shall be invoked in the manner provided by law. New. Added July 11, 1967. *** MEND *** *** MSTART 061 005.0 007.0 0 OK 1907 1967 *** Article 7, section 5 repealed July 11, 1967. New article 7, section 5 added on the same date. See amendment number 62. *** MEND *** *** MSTART 062 005.0 007.0 0 OK 1907 1967 *** Article 7, section 5 5. The sessions of the Supreme Court shall be held at the seat of government, and the sessions and duration thereof shall be fixed by rule of said Court. A majority of the members of the Supreme Court shall constitute a quorum and the concurrence of the majority of said Court shall be necessary to decide any question. The jurisdiction, powers, duties and procedures of intermediate appellate courts shall be as provided by rules of the Supreme Court until otherwise provided by statute. In the event of the creation of intermediate appellate courts, all appeals shall be made to the Supreme Court, which may, by rule, determine the method of assignment to, and recall from, the intermediate appellate courts until otherwise provided by statute. When the intermediate appellate courts acquire jurisdiction in any cause and make final disposition of the same, such disposition shall be final and there shall be no further right of appeal except for issuance of a writ of certiorari ordered by a majority of the Supreme Court which may affirm, modify or make such other changes in said decision as it deems proper. The Supreme Court and intermediate appellate court decisions shall be in such form as the Supreme Court shall specify by rule and the Court of Criminal Appeals decisions shall be in such form as it shall specify by rule, until otherwise provided by statute. The Supreme Court shall appoint a Clerk of the Supreme Court, who shall serve at the pleasure of the Supreme Court and who shall perform the duties prescribed by law and rules of the Supreme Court. The Clerk of the Supreme Court in office on the effective date of this Article shall continue in office for the duration of his elective term. New. Added July 11, 1967. *** MEND *** *** MSTART 063 006.0 007.0 0 OK 1907 1967 *** Article 7, section 6 repealed July 11, 1967. New article 7, section 6 added on the same date. See amendment number 64. *** MEND *** *** MSTART 064 006.0 007.0 0 OK 1907 1967 *** Article 7, section 6 6. Except with reference to the Senate sitting as a Court of Impeachment and the Court on the Judiciary, general administrative authority over all courts in this State, including the temporary assignment of any judge to a court other than that for which he was selected, is hereby vested in the Supreme Court and shall be exercised by the Chief Justice in accordance with its rules. The Supreme Court shall appoint an administrative director and staff, who shall serve at its pleasure to assist the Chief Justice in his administrative duties and to assist the Court on the Judiciary. New. Added July 11, 1967. *** MEND *** *** MSTART 065 007.0 007.0 0 OK 1907 1967 *** Article 7, section 7 repealed July 11, 1967. New article 7, section 7 added on the same date. See amendment number 66. *** MEND *** *** MSTART 066 007.0 007.0 0 OK 1907 1967 *** Article 7, section 7 7. (a) The State shall be divided by the Legislature into judicial districts, each consisting of an entire county or of contiguous counties. There shall be one District Court for each judicial district, which shall have such number of District Judges, Associate District Judges and Special Judges as may be prescribed by statute. The District Court shall have unlimited original jurisdiction of all justiciable matters, except as otherwise provided in this Article, and such powers of review of administrative action as may be provided by statute. Existing electing districts for all who are or who become District Judges and Associate District Judges under the terms of this Article shall remain as they are constituted for the offices formerly held by such persons on the effective date of this Article, until changed by statute. The Legislature may at any time delegate authority to the Supreme Court to designate by court rule the division of the State into districts and the number of judges. (b) All Courts in the State of Oklahoma, except those specifically provided for in this Article, are hereby abolished at midnight on the day preceding the effective date of this Article and their jurisdiction, functions, powers and duties are transferred to the respective District Courts, and, until otherwise provided by statute, all non-judicial functions vested in such courts are transferred to the District Courts and Judges thereof. No person shall file a declaration of candidacy for any such court abolished herein on or after July 1, 1968. (c) Each court into which jurisdiction of other courts is transferred shall succeed to and assume jurisdiction of all causes, matters and proceedings then pending, with full power and authority to dispose of them and to carry into execution or otherwise to give 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 courts shall be matters of record. (e) In the event a transfer or transition has not been provided for by law, the Supreme Court shall bey rule provide for the orderly transfer or transition. New. Added July 11, 1967. *** MEND *** *** MSTART 067 008.0 007.0 0 OK 1907 1967 *** Article 7, section 8 repealed July 11, 1967. New article 7, section 8 added on the same date. See amendment number 68. *** MEND *** *** MSTART 068 008.0.07.0 0 OK 1907 1967 *** Article 7, section 8 8. (a) The Judges of the District Court shall be District Judges, Associate District Judges, and Special Judges. Each District Judge, each Associate District Judge, and each Special Judge shall be selected according to the provisions of this Article. (b) Superior Court Judges shall become District Court Judges on the effective date of this Article. (c) Common Pleas, County, Children's and Juvenile Court Judges shall become Associate District Judges in the following manner: Those Judges whose terms expire after the effective date of this Article shall become Associate District Judges on the effective date of this Article. Those Judges whose terms expire on or before the effective date of this Article, shall be subject to selection, in a manner provided by law, as Associate District Judges for a term expiring the day preceding the second Monday in January, 1971, and the selectees shall become Associate District Judges on the effective date of this Article. (d) There shall be at least one Associate District Judge for each County in the State. The number of District Judges, including Superior Court Judges who become District Judges, and Associate District Judges shall continue at the number held over under this Article until changed by statute. The District Judges and Associate District Judges shall exercise all jurisdiction in the District Court except as otherwise provided by law. The District Courts, or any Judges thereof, shall have the power to issue any writs, remedial or otherwise necessary or proper to carry into effect their orders, judgments, or decrees. (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. New. Added July 11, 1967. *** MEND *** *** MSTART 070 009.0 007.0 0 OK 1907 1967 *** Article 7, section 9 repealed July 11, 1967. New article 7, section 9 added on the same date. See amendment number 71. *** MEND *** *** MSTART 071 009.0 007.0 0 OK 1907 1967 *** Article 7, section 9 9. District Judges and Associate District Judges shall be elected by the voters of the several respective districts or counties at a non-partisan election in the manner provided by statute. New. Added July 11, 1967. *** MEND *** *** MSTART 072 010.0 0 007.0 0 OK 1907 1967 *** Article 7, section 10 repealed July 11, 1967. New article 7, section 10 added on the same date. See amendment number 73. *** MEND *** *** MSTART 073 010.0 0 007.0 0 OK 1907 1967 *** Article 7, section 10 10. (a) The State shall be divided into Judicial Administrative Districts, by statute, each consisting of one or more District Court Judicial Districts. (b) The District Judges and Associate District Judges in each Judicial Administrative District shall select one of the District Judges to serve at their pleasure as Presiding Judge of such Judicial Administrative District. Subject to the authority of the Supreme Court, the Presiding Judge shall have general administrative authority over the Judicial Administrative District, including authority to provide for divisions, general or specialized, and for appropriate times and places of holding court subject to law. New. Added July 11, 1967. *** MEND *** *** MSTART 074 011.0 007.0 0 OK 1907 1967 *** Article 7, section 11 repealed July 11, 1967. New article 7, section 11 added on the same date. See amendment number 75. *** MEND *** *** MSTART 075 011.0 007.0 0 OK 1907 1967 *** Article 7, section 11 11. (a) Judges and Supreme Court Justices shall receive for their services salaries provided by statute. The salaries of Judges and Justices shall not be diminished, but may be increased during their respective terms of office. Judicial officers may be paid such actual and necessary expenses as may be provided by statute. All basic salaries and expenses, or any portion thereof, of judges of District Courts shall be paid by the State unless otherwise provided by Statute, with such additional salaries as may be provided by statute to be paid by the respective districts or counties. (b) No Justices or Judges, except those of Municipal Courts, shall engage in the practice of law nor hold any other office or position of profit under the United States or this State or any municipal corporation or political subdivision of this State, nor shall hold office in any political party. Provided that the Judges of the Court on the Judiciary, the Court of Tax Review and the Court of Bank Review and the Judges of any other such Special Courts may serve in such capacities in addition to their other judicial office. Compensation for service in the National Guard or the armed forces of the United States for such periods of time as may be determined by rules of the Supreme Court shall not be deemed "profit". (c) Notwithstanding the provisions of this Article relating to terms of office, the Legislature may provide by statute for a maximum age qualification for election or appointment to office and for the retirement of Justices and Judges automatically at a prescribed age or after a certain number of years of service, or both. The compensation, age of retirement and procedure for retirement shall be 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. New. Added July 11, 1967. *** MEND *** *** MSTART 076 012.0 007.0 0 OK 1907 1967 *** Article 7, section 12 repealed July 11, 1967. New article 7, section 12 added on the same date. See amendment number 77. *** MEND *** *** MSTART 077 012.0 007.0 0 OK 1907 1967 *** Article 7, section 12 12. Except to the extent inconsistent with the provisions of this Article, all provisions of law and rules of court in force on the effective date of this Article shall continue in effect until superseded in a manner authorized by law. New. Added July 11, 1967. *** MEND *** *** MSTART 078 013.0 007.0 0 OK 1907 1967 *** Article 7, section 13 repealed July 11, 1967. New article 7, section 13 added on the same date. See amendment number 79. *** MEND *** *** MSTART 079 013.0 007.0 0 OK 1907 1967 *** Article 7, section 13 13. In the event the abolition of any court or office hereunder is held by any court of competent jurisdiction to not take effect upon the effective date of this Article, then such court or office shall be abolished and terminated at the expiration of the term of the office holding such office with the same provisions applying thereto, as if abolished on the effective date of this Article. New. Added July 11, 1967. *** MEND *** *** MSTART 080 014.0 007.0 0 OK 1907 1967 *** Article 7, section 14 repealed July 11, 1967. New article 7, section 14 added on the same date. See amendment number 81. *** MEND *** *** MSTART 081 014.0 007.0 0 OK 1907 1967 *** Article 7, section 14 14. This Judicial Article shall be come effective on January 13, 1969; except those provisions expressly authorizing or directing a different date; and except those provisions relating to the Supreme Court, the Court of Criminal Appeals, intermediate appellate courts and the Justices and Judges of such Courts, which shall become effective immediately upon the adoption of this Judicial Article. On or after the first Tuesday after the first Monday in January, 1968, the Legislature shall enact the necessary and appropriate laws to implement and place in operation the provisions of this Article. New. Added July 11, 1967. *** MEND *** *** MSTART 083 015.0 007.0 0 OK 1907 1967 *** Article 7, section 15 repealed July 11, 1967. New article 7, section 15 added on the same date. See amendment number 84. *** MEND *** *** MSTART 084 015.0 007.0 0 OK 1907 1967 *** Article 7, section 15 15. In all jury trials the jury shall return a general verdict, and no law in force nor any law hereafter enacted, shall require the court to direct the jury to make findings of particular questions of fact, but the court may, in its discretion, direct such special findings. New. Added July 11, 1967. *** MEND *** *** MSTART 085 016.0 007.0 0 OK 1907 1967 *** Article 7, section 16 repealed July 11, 1967. New article 7, section 16 added on the same date. See amendment number 86. *** MEND *** *** MSTART 086 016.0 007.0 0 OK 1907 1967 *** Article 7, section 16 16. Article VII of the Constitution of the State of Oklahoma is hereby repealed. New. Added July 11, 1967. *** MEND *** *** MSTART 087 001.0 007.A 0 OK 1907 1966 *** Article 7-A, section 1 1. (a) In addition to other methods and causes prescribed by the Constitution and laws, the judges of any court, exercising judicial power under the provisions of Article VII, or under any other provision, of the Constitution of Oklahoma, shall be subject to removal from office, or to compulsory retirement from office, for causes herein specified, by proceedings in the Court on the Judiciary. (b) Cause for removal from office shall be: Gross neglect of duty; corruption in office; habitual drunkenness; commission while in office of any offense involving moral turpitude; gross partiality in office; oppression in office; or other grounds as may be specified hereafter by the legislature. (c) Cause for compulsory retirement from office, with or without compensation, shall be mental or physical disability preventing the proper performance of official duty, or incompetence to perform the duties of the office. New. Added May 3, 1966. *** MEND *** *** MSTART 088 002.0 007.A 0 OK 1907 1966 *** Article 7-A, section 2 2. (a) There is created a Court on the Judiciary, hereinafter referred to as the Court, divided into a Trial Division and an Appellate Division. The Court is vested, subject to the provisions of this Article, with sole and exclusive jurisdiction to hear and determine causes arising thereunder. (b) The Trial Division shall be composed of nine (9) members, eight (8) of whom shall be the district 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. New. Added May 3, 1966. *** MEND *** *** MSTART 089 003.0 007.A 0 OK 1907 1966 *** Article 7-A, section 3 3. (a) Subject to the provisions of this Article, each division of the Court shall select its presiding judge, and shall be judge of the qualifications and the disqualification of its own members and shall make and publish its own rules of procedure. Each division shall meet on call of its presiding judge or three (3) of its members; a majority of the authorized membership of either division of the court shall constitute a quorum for the exercise of any or all of the jurisdiction of that division, regardless of whether or not vacancies exist in the membership of that division. (b) The Clerk of the Supreme Court shall be the clerk of the court. He shall perform his duties under the direction of the Court or of the presiding judges. (c) In the exercise of its jurisdiction, the Court is vested with full judicial power and authority, including the power to summon witnesses to appear and testify under oath and to compel the production of books, papers, documents, records and other evidential objects; to issue all manner of judicial and remedial process and writs, legal or equitable; to provide for discovery procedures in advance of trial; to make rules governing procedure; to grant full immunity from prosecution or punishment when deemed necessary and proper in order to compel the giving of testimony under oath or the production of books, papers, documents, records or other evidential objects. The specific enumeration of powers herein shall not derogate from the existence of other judicial poser and authority in the Court, or from the exercise thereof in aid of its jurisdiction. New. Added May 3, 1966. *** MEND *** *** MSTART 090 004.0 007.A 0 OK 1907 1966 *** Article 7-A, section 4 4. (a) The jurisdiction of the Trial Division of the Court may be invoked by a petition, field either by the Supreme Court or the Chief Justice thereof; by the Governor; by the Attorney General; of by the Executive Secretary of the Oklahoma Bar Association when directed so to do by a vote of a majority of all members of its Executive Council; or by Resolution of the House of Delegates or by Resolution of the House of Representatives of the State of Oklahoma. The petition shall state the name of the respondent; the grounds upon which his removal from office or compulsory retirement from office is sought; and such other matters as may be specified by the rules of the Trial Division. It shall be subject to amendment by order of either division of the Court. (b) Immediately upon the filing of the petition, the Clerk shall notify the presiding officer of the Trial Division, and the respondent named therein, in accordance with the rules of the Trial Division. The presiding judge of the Trial Division shall secure from the Executive Council of the Oklahoma Bar Association a panel of five (5) active members of the Association from which the presiding judge shall designate the prosecutor, and any necessary assistant, to conduct the proceeding against the respondent. (c) The Trial Division or the presiding judge shall set the matter for hearing, not less than sixty (60) days after notice of the filing of the petition shall have been given the respondent. In all procedural matters not covered by rule of the Trial Division, the provisions of the Code of Civil Procedure, or of the common law of Oklahoma, shall be followed, so far as they may be applicable. (d) Pending the determination of the proceedings, the Trial Division in its discretion may suspend the respondent from the exercise of his office. After full hearing, the Trial Division shall render such judgment as the facts may justify. No judgment shall extend further than: (1) to removal of the respondent from office, with or without disqualification to hold any public office of honor, trust, or profit under this State, or (2) to compulsory retirement from office; but such a proceeding, regardless of result, shall not bar or prejudice any other proceeding, civil or criminal, authorized by law. A judicial officer who is a member of the retirement compensation system prescribed by this Article and is compulsory retired shall receive the retirement compensation to which his term of service entitled him. If he is not qualified for full retirement compensation, he may receive such compensation as the Court may decree, in proportion to time served and in accordance with principles of justice and equity, alike as to amount, commencement of payment, terms of payment, or other relevant conditions or limitations. New. Added May 3, 1966. *** MEND *** *** MSTART 091 005.0 007.A 0 OK 1907 1966 *** Article 7-A, section 5 5. (a) From any judgment of the Trial Division, the respondent or the prosecutor may appeal to the Appellate Division, by filing a notice of appeal with the Clerk of the Supreme Court, within ten days after entry of the judgment. The notice shall be served upon the opposite party in the manner prescribed by the rules of the Appellate Division. (b) The preparation and certification of the record upon appeal and all proceedings upon the appeal, not prescribed by this action, shall be governed by the rules of the Appellate Division. (c) The review in the Appellate Division shall be an equity appeal, as to both law and fact. The Appellate Division may affirm, modify or reverse the judgment of the Trial Division, or enter a new judgment, as justice may require. (d) If justice requires, the Appellate Division may hear additional evidence upon the appeal, upon a showing to the satisfaction of the Division that the additional evidence is material and that there were good reasons for failure to present it to the Trial Division. New. Added May 3, 1966. *** MEND *** *** MSTART 092 006.0 007.A 0 OK 1907 1966 *** Article 7-A, section 6 6. (a) In all proceedings before the Court the established rules for disqualification of judges for interest, prejudice or partiality shall apply. No district judge shall sit in a matter in which the respondent is a judge of a court within his district court judicial district. In the event of the disqualification or failure to act of a member of the Court, a judge pro tem to sit in his place shall be named by the authority appointing him, if he is a district judge, the qualified district judge from his Supreme Court judicial district, next in seniority, shall serve as judge pro tem. (b) Members of the Court shall serve without compensation, but shall receive the allowance for expense permitted district judges serving outside their district. (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. New. Added May 3, 1966. *** MEND *** *** MSTART 093 007.0 007.A 0 OK 1907 1966 *** Article 7-A, section 7 7. No other court shall have jurisdiction to restrict or control or review the orders of the Appellate Division of the Court on the Judiciary and no court except the Appellate Division shall have jurisdiction to restrict, control or review the orders of the Trial Division. District and Superior Courts shall, on direction of a Division of the Court on the Judiciary, aid in carrying out its procedure and mandates. New. Added May 3, 1966. *** MEND *** *** MSTART 094 001.0 007.B 0 OK 1907 1967 *** Article 7-B, section 1 1. (a) The provisions of this Article shall govern the selection and tenure of all Justices of the Supreme Court and Judges of the Court of Criminal Appeals of the State of Oklahoma, to which the provisions hereof may be extended as hereinafter provided, other provisions of the Constitution or statutes of the State of Oklahoma to the contrary notwithstanding, and the provisions of Article VII as proposed by House Joint Resolution NO. 508 of the First Session of the Thirty-first Oklahoma Legislature to the contrary notwithstanding. (b) As used in this Section, "Judicial Office" means the offices of Justice of the Supreme Court and Judges of the Court of Criminal Appeals and "Judicial Officer" means a Justice or Judge of each such court, excluding retired or supernumerary Justices or Judges. New. Added July 11, 1967. *** MEND *** *** MSTART 095 002.0 007.B 0 OK 0 1907 1967 *** Article 7-B, section 2 2. At the general election next before his term expires, any Judicial Officer may seek retention in office by filing with the Secretary of State, not less than sixty (60) days before the date of such election, a declaration of candidacy to succeed himself. Thereupon, at such election, there shall be submitted to the qualified electors of the State, on a separate ballot, without party designation, this question: "Shall (Here insert name of Justice or Judge) of (Here insert the title of the court) be retained in Office? YES NO The question shall be decided by a majority of those voting thereon. If the decision is "yes" the Judicial Officer shall be retained in office for the next ensuing six (6) year term. If the decision is "no", or if no declaration of candidacy is filed, the office shall be vacant upon expiration of the term then being served, and the former Judicial Officer shall not be eligible for appointment to succeed himself. Retention in office may be sought for successive terms without limit as to number, except for retirement as may be provided by the Legislature for a maximum retirement age. New. Added July 11, 1967. *** MEND *** *** MSTART 096 003.0 007.B 0 OK 1907 1967 *** Article 7-B, section 3 3. (a) There is established as a part of the Judicial Department a Judicial Nominating Commission of thirteen (13) members, to consist of: (1) six (6) members to be appointed by the Governor, one (1) from each congressional district established by the Statues of Oklahoma and existing at the date of the adoption of this Article, none of whom shall be admitted to practice law in the State of Oklahoma; (2) six (6) members, one (1) 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) one (1) member at large who shall not have 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, to be selected by not less than eight (8) members of the Nominating Commission. In the event eight (8) 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. The Commission shall elect one of its members to serve as Chairman for a term of one (1) year. The six (6) 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 (2) members shall be appointed for a term of two (2) years, two (2) members for a term of four (4) years, and two (2) 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 (2) of whom shall be elected for a term of two (2) years, two (2) for a term of four (4) years, and two (2) 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 term. Vacancies of any lawyer commissioner shall be filled by the Board of Governors of the Oklahoma Bar Association for the remainder of his 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 (3) 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 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. (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. New. Added July 11, 1967. *** MEND *** *** MSTART 097 004.0 007.B 0 OK 1907 1967 *** Article 7-B, section 4 4. When a vacancy in any Judicial Office, however arising, occurs or is certain to occur, the Judicial Nominating Commission shall choose and submit to the Governor and the Chief Justice of the Supreme Court three (3) nominees, each of whom has previously notified the Commission in writing that he will serve as a Judicial Officer if appointed. The Governor shall appoint one (1) of the nominees to fill the vacancy, but if he fails to do so within sixty (60) days the Chief Justice of the Supreme Court shall appoint one (1) of the nominees, the appointment to be certified by the Secretary of State. New. Added July 11, 1967. *** MEND *** *** MSTART 098 005.0 007.B 0 OK 1907 1967 *** Article 7-B, section 4 4. Each Judicial Officer elected before or after the adoption of this Article shall, unless removed for cause, serve out the term for which he is elected and those Judicial Officers service at the date of the adoption of this Article, whose Judicial Office comes under the provision of this Article on the date of the expiration of said term, shall be deemed to have been appointed as provided herein and eligible to file a declaration of candidacy to succeed themselves as provided in this Article. If retained in office, the term of each such Judicial Officer shall be six (6) years commencing the second Monday in January following such election. The term and election of each Judicial Officer appointed to fill a vacancy after the adoption of this Article shall be as follows: If such appointed officer has served or will have served twelve (12) months on or before the next general election following appointment, such officer may file for election for the remainder of the term for which such officer was appointed, or for a six (6) year term, whichever is applicable, within the time and in the manner elected Judicial Officers file their candidacy under this Article. If such appointed officer has not served or will not have served twelve (12) months on or before the next general election following appointment, such officer shall continue in office until the second general election following appointment and may file for election for the remainder of the term or for a six (6) year term, whichever is applicable, as herein provided. New. Added July 11, 1967. *** MEND *** *** MSTART 099 006.0 007.B 0 OK 1907 1967 *** Article 7-B, section 6 6. No Judicial Officer appointed or retained in office under the provisions hereof shall make, directly or indirectly, any contribution to or hold office in a political party or organization. New. Added July 11, 1967. *** MEND *** *** MSTART 100 007.0 007.B 0 OK 1907 1967 *** Article 7-B, section 7 7. This proposed amendment to the Constitution of the State of Oklahoma as set forth herein shall be effective upon adoption and shall become operative only and in the event the amendment of Article VII of the Constitution proposed by House Joint Resolution No. 508, of the First Session of the Thirty-first Oklahoma Legislature, repealing the previously existing Article VII of the Oklahoma Constitution and adopting in lieu thereof a new Article VII of the Constitution is approved by the people. New. Added July 11, 1967. *** MEND *** *** MSTART 101 001.0 008.0 0 OK 1907 1966 *** Article 8, section 1 1. The Governor and other elective state officers, including the Justices of the Supreme Court, shall be liable and subject to impeachment for wilful neglect of duty, corruption in office, habitual drunkenness, incompetency, or any offense involving moral turpitude committed while in office. All elected state officers, including Justices of the Supreme Court and Judges of the Court of Criminal Appeals, shall be automatically suspended from office upon their being declared guilty of a felony by a court of competent jurisdiction and their pay and allowances, otherwise payable to such official, shall be withheld during the period of such suspension. In the event such verdict of guilty is reversed by a court of competent jurisdiction on appeal, such accumulated pay and allowances which have been withheld shall be paid to such official and he shall be automatically reinstated in office to serve the remaining part of the term for which he was elected. Such official shall not be entitled to any pay or allowances for a period of time after the term of office would otherwise have expired and he shall not be entitled to reinstatement in office after the expiration of the term for which he was elected. Whenever any Justice of the Supreme Court or Judge of the Court of Criminal Appeals is suspended by reasons of this section, the Governor shall be authorized to appoint a temporary Justice or Judge to serve during the period of such suspension and such temporary Justice or Judge shall be paid for his services the compensation allowed for such regular Justice or Judge. Amended May 3, 1966. *** MEND *** *** MSTART 103 0018.0 009.0 0 OK 1907 1953 *** Article 9, section 18 18. The Commission shall have the power and authority and be charged with the duty of supervising, regulating and controlling all transportation and transmission companies doing business in this State, in all matters relating to the performance of their public duties and their charges therefor, and of correcting abuses and preventing unjust discrimination and extortion by such companies; and to that end the Commission shall, from time to time, prescribe and enforce against such companies, in the manner hereinafter authorized, such rates, charges, classifications of traffic, and rules and regulations, and shall require them to establish and maintain all such public service, facilities, and conveniences as may be reasonable and just, which said rates, charges, classifications, rules, regulations, and requirements, the Commission may, from time to time, alter or amend. All rates, charges classifications, rules and regulations adopted, or acted upon, by any such company, inconsistent with those prescribed by the Commission, within the scope of its authority, shall be unlawful and void. The Commission shall also have the right, at all times, to inspect the books and papers of all transportation and transmission companies doing business in this State, and to require from such companies, from time to time, special reports and statements, under oath, concerning their business; it shall keep itself fully informed of the physical condition of all the railroads of the State, as to the manner in which they are operated, with reference to the security and accommodation of the public, and shall, from time to time, make and enforce such requirements, rules, and regulations as may be necessary to prevent unjust or unreasonable discrimination and extortion by any transportation company in favor of, or against any person, locality, community, connecting line, or kind of traffic, in the matter of car service, train or boat schedule, efficiency of transportation, transmission, or otherwise, in connection with the public duties of such company. Before the Commission shall prescribe or fix any rate, charge or classification of traffic, and before it shall make any order, rule, regulation, or requirement directed against any one or more companies by name, the company or companies to be affected by such rate, charge, classification, order, rule, regulation, or requirement, shall first be given, by the Commission, at least ten days' notice of the time and place, when and where the contemplated action in the premises will be considered and disposed of, and shall be afforded a reasonable opportunity to introduce evidence and to be heard thereon, to the end that justice may be done, and shall have process to enforce the attendance of witnesses; and before said Commission shall make or prescribe any general order, rule, regulation, or requirement, not directed against any specific company or companies by name, the contemplated general order, rule, regulation, or requirement shall first be published in substance, not less than once a week, for four consecutive weeks, in one or more of the newspapers of general circulation published in the county in which the Capitol of this State may be located, together with the notice of the time and place, when and where the Commission will hear any objections which may be urged by any person interested, against the proposed order, rule, regulation, or requirement; and every such general order, rule, regulation, or requirement, made by the Commission, shall be published at length, for the time and in the manner above specified, before it shall go into effect, and shall also, so long as it remains in force, be published in each subsequent annual report of the Commission. The authority of the Commission (subject to review on appeal as hereinafter provided) to prescribe rates, charges, and classifications of traffic, for transportation and transmission companies, shall, subject to regulation by law, be paramount; but its authority to prescribe any other rules, regulations or requirements for corporations or other persons shall be subject to the superior authority of the Legislature to legislate thereon by general laws: Provided, However, That nothing in this section shall impair the rights which have heretofore been, or may hereafter be, conferred by law upon the authorities of any city, town or county to prescribe rules, regulations, or rates of charges to be observed by any public service corporation in connection with any services performed by it under a municipal or county franchise granted by such city, town, or county, so far as such services may be wholly within the limits of the city, town, or county granting the franchise. Upon the request of the parties interested, it shall be the duty of the Commission, as far as possible, to effect, by mediation, the adjustment of claims, and the settlement of controversies, between transportation or transmission companies and their patrons or employees. The Laws of 1953, p. 484, 18 Oklahoma Statutes Annotated  438.1 to 438.34, constituting the Rural Telephone Cooperative Act, provides in part in  32 (18 Okl.St.Ann.  438.32): "It is hereby expressly declared by the Legislature that this entire Act and this section is an amendment to, and alteration of, Section 18 through Section 34 inclusive, of Article IX of the Constitution of the State of Oklahoma, as authorized by Section 35, Article IX of said Constitution." *** MEND *** *** MSTART 104 018.A 009.0 0 OK 1907 1958 *** Article 9, section 18-A 18-A. 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. The Laws of 1953, p. 484, 18 Oklahoma Statutes Annotated  438.1 to 438.34, constituting the Rural Telephone Cooperative Act, provides in part in  32 (18 Okl.St.Ann.  438.32): "It is hereby expressly declared by the Legislature that this entire Act and this section is an amendment to, and alteration of, Section 18 through Section 34 inclusive, of Article IX of the Constitution of the State of Oklahoma, as authorized by Section 35, Article IX of said Constitution." *** MEND *** *** MSTART 105 018.B 009.0 0 OK 1907 1958 *** Article 9, section 18-B 18-B. As used in this article, the term "Company" shall include associations and joint stock companies having any power or privileges not possessed by individuals, and include all corporations except municipal corporations and public institutions owned or controlled by the State The Laws of 1953, p. 484, 18 Oklahoma Statutes Annotated  438.1 to 438.34, constituting the Rural Telephone Cooperative Act, provides in part in  32 (18 Okl.St.Ann.  438.32): "It is hereby expressly declared by the Legislature that this entire Act and this section is an amendment to, and alteration of, Section 18 through Section 34 inclusive, of Article IX of the Constitution of the State of Oklahoma, as authorized by Section 35, Article IX of said Constitution." *** MEND *** *** MSTART 106 019.0 009.0 0 OK 1907 1958 *** Article 9, section 19 19. In all matters pertaining to the public visitation, regulation, or control of corporations, and within the jurisdiction of the Commission, it shall have the powers and authority of a court of record, to administer oaths, to compel the attendance of witnesses, and the production of papers, to punish for contempt any person guilty of disrespectful or disorderly conduct in the presence of the Commission while in session, and to enforce compliance with any of its lawful orders or requirements by adjudging, and by enforcing its own appropriate process, against the delinquent or offending party or company (after it shall have been first duly cited, proceeded against by due process of law before the Commission sitting as a court, and afforded opportunity to introduce evidence and to be heard, as well against the validity, justness, or reasonableness of the order or requirement alleged to have been violated, as against the liability of the company for the alleged violation), such fines or other penalties as may be prescribed or authorized by this Constitution or by law. The Commission may be vested with such additional powers, and charged with such other duties (not inconsistent with this Constitution) as may be prescribed by law, in connection with the visitation, regulation, or control of corporations, or with the prescribing and enforcing of rates and charges to be observed in the conduct of any business where the State has the right to prescribe the rates and charges in connection therewith, or with the assessment of the property of corporations, or the appraisement of their franchises, for taxation, or with the investigation of the subject of taxation generally. Any corporation failing or refusing to obey any valid order or requirement of the Commission, within reasonable time, not less than ten days, as shall be fixed in the order, may be fined by the Commission (proceeding by due process of law as aforesaid) such sum, not exceeding five hundred dollars, as the Commission may deem proper, or such sum, in excess of five hundred dollars, as may be prescribed or authorized by law; and each day's continuance of such failure or refusal, after due service upon such corporation of the order or requirement of the Commission, shall be a separate offense: Provided, That should the operation of such order or requirement be suspended, pending any appeal therefrom, the period of such suspension shall not be computed against the company in the matter of its liability to fines or penalties. The Laws of 1953, p. 484, 18 Oklahoma Statutes Annotated  438.1 to 438.34, constituting the Rural Telephone Cooperative Act, provides in part in  32 (18 Okl.St.Ann.  438.32): "It is hereby expressly declared by the Legislature that this entire Act and this section is an amendment to, and alteration of, Section 18 through Section 34 inclusive, of Article IX of the Constitution of the State of Oklahoma, as authorized by Section 35, Article IX of said Constitution." *** MEND *** *** MSTART 107 020.0 009.0 0 OK 1907 1941 *** Article 9, section 20 20. From any action of the Corporation Commission prescribing rates, charges, services, practices, rules or regulations of any public utility or public service corporation, or any individual, person, firm, corporation, receiver or trustee engaged in the public utility business, an appeal may be taken by any party affected, or by any person deeming himself aggrieved by any such action, or by the State, directly to the Supreme Court of the State of Oklahoma, in the manner and in the same time in which appeals may be taken to the Supreme Court from the District Courts, except that such an appeal shall be of right, and the Supreme Court may provide by rule for proceedings in the matter of appeals in any particular in which the existing rules of law are inapplicable. If such appeal be taken by the public utility or public service corporation affected by any such action, the State of Oklahoma shall be made the appellee, but in other appeals hereunder, the public utility or public service corporation affected shall be made the appellee. An appeal from an order of the Corporation Commission affecting the rates, charges, services, practices, rules or regulations of public utilities, or public service corporations, shall be to the Supreme Court only, and in all appeals to which the State is a party 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 nay inferior court or officer. Amended by Laws 1941, p. 544,  1. *** MEND *** *** MSTART 108 021.0 009.0 0 OK 1907 1941 *** Article 9, section 21 21. Upon the giving of notice of appeal from an order of the Corporation Commission, the Commission, if requested, shall suspend the effectiveness of the order complained of until the final disposition of the order appealed, and fix the amount of suspending or supersedeas bond. Such suspending or supersedeas bond shall be approved and filed with the Corporation Commission (or approved, on review, by the Supreme Court), and made payable to the State of Oklahoma; provided, however, that in all cases involving orders of the Corporation Commission affecting rates or charges, the suspending or supersedeas bond must be sufficient in amount and security to insure the prompt refunding, by the appealing party, to the parties entitled thereto, of all rates or charges which such appealing party may collect or receive, pending the appeal, in excess of those authorized by the order appealed from, in event such order is, by such court, affirmed on appeal. The Corporation Commission, upon the execution of such suspending or supersedeas bond, shall forthwith require the appealing party, under penalty of immediate enforcement (pending the appeal and notwithstanding any supersedeas), of the order appealed from, to keep such accounts, and make to the Corporation Commission, from time to time, such reports, verified by oath, as may, in the judgment of the Corporation Commission, suffice to show the amounts being charged or received by the appealing party, pending the appeal, in excess of the charge allowed by the order or action of the Corporation Commission appealed from, together with the names and addresses of the persons to whom such overcharges may be refundable, in case such charges made by the appealing party, pending the appeal, be not sustained on such appeal; and the Corporation Commission shall also, from time to time, require such appealing party, under like penalty, to give additional security, or to increase such suspending bond, whenever, in the opinion of the Corporation Commission, the same may be necessary to secure the prompt refunding of the overcharges aforesaid. Upon the final decision of the appeal, all amounts which the appealing party may have collected, pending the appeal, in excess of that authorized by such final decision, shall be promptly refunded by the appealing party to the parties entitled thereto, in such manner and through such method of distribution, as may be prescribed by the Corporation Commission, or by law. All such appeals, affecting the rates, charges, practices, rules or regulations of any public utility, or of any public service corporation, or any individual, person, firm, corporation, receiver or trustee engaged in the public utility business, shall have precedence upon the docket of the Supreme Court, irrespective of its place of session, next after habeas corpus cases, to the end that a plain, speedy and efficient remedy may be afforded the parties to such appeals. Amended by Laws 1941, p. 545,  2. *** MEND *** *** MSTART 109 022.0 009.0 0 OK 1907 1941 *** Article 9, section 22 22. The Corporation Commission shall, whenever an appeal is taken therefrom, file with the record of the case, and as a part thereof, a written statement of the reasons upon which the action appealed from was based, and such statement shall be read and considered by the Supreme Court, upon disposing of the appeal. In no case of appeal from an order of the Corporation Commission shall any new or additional evidence be introduced in the Supreme Court, but the cause shall be heard on the record made before the Corporation Commission, and the Chairman of the Commission, under the seal of the Commission, shall certify to the Supreme Court all the facts upon which the action appealed from was based, and which may be essential for the prompt decision of the appeal, together with all evidence introduced before said Corporation Commission, as may be selected, specified or required to be certified, by any party in interest, as well as such other evidence, so introduced before the Commission as the Chairman may deem proper to certify; provided, however, that in any appeal from an order of the Corporation Commission in which a party thereto asserts the violation of any right under the Constitution of the State of Oklahoma, the Supreme Court shall require the Commission to take and receive such additional evidence as is necessary to judicially determine the rights of the parties and report the same to the Court, in such manner as the Court may prescribe, for its consideration before the appeal is finally decided. Amended by Laws 1941, p. 545.  3. *** MEND *** *** MSTART 110 023.0 009.0 0 OK 1907 1941 *** Article 9, section 23 repealed by Laws 1941, p. 547,  6. *** MEND *** *** MSTART 111 024.0 009.0 0 OK 1907 1941 *** Article 9, section 24 24. The right of any person, firm corporation, receiver or trustee to institute and prosecute in the ordinary courts of justice, any action, suit or motion against any public utility, or public service corporation, or any individual, person, firm, corporation, receiver or trustee, engaged in the public utility business, shall not be extinguished or impaired by reason of any fine or other penalty which the Corporation Commission may impose or be authorized to impose upon such public utility, public service corporation, or any individual, person, firm, corporation, receiver or trustee engaged in the public utility business, because of its breach of any public duty or because of its failure to comply with any order or requirement of the Corporation Commission; but in no such proceeding by any person, firm, corporation, receiver or trustee, against such public utility, public service corporation, or any individual, person, firm corporation, receiver or trustee engaged in the public utility business, nor in any collateral proceeding, shall the reasonableness, justness, or validity of any rate, charge, service, practice, rule, regulation or requirement, theretofore prescribed by the Corporation Commission, within the scope of its authority, and then in force, be questioned. Amended by Laws 1941, p. 546,  4. *** MEND *** *** MSTART 112 025.0 009.0 0 OK 1907 1958 *** Article 9, section 25 25. The Commission shall make annual reports to the Governor of its proceedings, in which reports it shall recommend, from time to time, such new or additional legislation in reference to its powers or duties, or the creation, supervision, regulation or control of corporations, or to the subject of taxation, as it may deem wise or expedient, or as may be required by law. The Laws of 1953, p. 484, 18 Oklahoma Statutes Annotated  438.1 to 438.34, constituting the Rural Telephone Cooperative Act, provides in part in  32 (18 Okl.St.Ann.  438.32): "It is hereby expressly declared by the Legislature that this entire Act and this section is an amendment to, and alteration of, Section 18 through Section 34 inclusive, of Article IX of the Constitution of the State of Oklahoma, as authorized by Section 35, Article IX of said Constitution." *** MEND *** *** MSTART 113 026.0 009.0 0 OK 1907 1958 *** Article 9, section 26 26. It shall be the duty of each and every railway company, subject to the provisions herein, to provide and maintain adequate, comfortable, and clean depots, and depot buildings, at it several stations, for the accommodation of passengers, and said depot buildings shall be kept well lighted and warmed for the comfort and accommodation of the traveling public; and all such roads shall keep and maintain adequate and suitable freight depots and buildings for the receiving, handling, storing, and delivering of all freight handled by such roads. The Laws of 1953, p. 484, 18 Oklahoma Statutes Annotated  438.1 to 438.34, constituting the Rural Telephone Cooperative Act, provides in part in  32 (18 Okl.St.Ann.  438.32): "It is hereby expressly declared by the Legislature that this entire Act and this section is an amendment to, and alteration of, Section 18 through Section 34 inclusive, of Article IX of the Constitution of the State of Oklahoma, as authorized by Section 35, Article IX of said Constitution." *** MEND *** *** MSTART 114 027.0 009.0 0 OK 1907 1958 *** Article 9, section 27 27. In case any railroad company shall hereafter seek to cross at grade with its track or tracks, the track or tracks of another railroad, the railroad seeking to cross at grade, within a reasonable time, shall be compelled to interlock or protect such crossings by safety devices, to be designed by the Commission, and all costs of appliance, together with the expenses of putting them in, shall be borne equally by each company: Provided, That this act shall not apply to crossings of sidetracks. The Laws of 1953, p. 484, 18 Oklahoma Statutes Annotated  438.1 to 438.34, constituting the Rural Telephone Cooperative Act, provides in part in  32 (18 Okl.St.Ann.  438.32): "It is hereby expressly declared by the Legislature that this entire Act and this section is an amendment to, and alteration of, Section 18 through Section 34 inclusive, of Article IX of the Constitution of the State of Oklahoma, as authorized by Section 35, Article IX of said Constitution." *** MEND *** *** MSTART 115 028.0 009.0 0 OK 1907 1958 *** Article 9, section 28 28. The commissioners, or either of them, or such persons as they may employ therefor, shall have the right, at such times as they may deem necessary, to inspect the books and papers of any railroad company or other public service corporation, and to examine, under oath, any officer, agent, or employee of such corporations in relation to the business and affairs of the same. If any railroad company or other public service corporation shall refuse to permit the commissioners, or either of them, or any person authorized thereto, to examine its books and papers, such railroad company or other public service corporation shall, until otherwise provided by law, for each offense, pay to the State of Oklahoma not less than one hundred and twenty-five dollars, nor more than five hundred dollars, for each day it shall so fail or refuse, and the officer or other person so refusing shall be punished as the law shall prescribe. The Laws of 1953, p. 484, 18 Oklahoma Statutes Annotated  438.1 to 438.34, constituting the Rural Telephone Cooperative Act, provides in part in  32 (18 Okl.St.Ann.  438.32): "It is hereby expressly declared by the Legislature that this entire Act and this section is an amendment to, and alteration of, Section 18 through Section 34 inclusive, of Article IX of the Constitution of the State of Oklahoma, as authorized by Section 35, Article IX of said Constitution." *** MEND *** *** MSTART 116 029.0 009.0 0 OK 1907 1958 *** Article 9, section 29 29. The Commission shall ascertain, and enter of record, the same to be a public record, as early as practicable, the amount of money expended in construction and equipment per mile of every railroad and other public service corporation in Oklahoma, the amount of money expended to procure the right of way, and the amount of money it would require to reconstruct the roadbed, track, depots, and transportation facilities, and to replace all the physical properties belonging to the railroad or other public service corporations. It shall also ascertain the outstanding bonds, debentures, and indebtedness, and the amount, respectively, thereof, when issued, and rate of interest, when due, for what purposes issued, how used, to whom issued, to whom sole, and the price in cash, property, or labor, if any, received therefor, what became of the proceeds, by whom the indebtedness is held, the amount purporting to be due thereon, the floating indebtedness of the company, to whom due, and his address, the credits due on it, the property on hand belonging to the railroad company or other public service corporation, and the judicial or other sales of said road, its property or franchises, and the amounts purporting to have been paid, and in what manner paid therefor. The Commission shall also ascertain the amounts paid for salaries to the officers of the railroad, or other public service corporation, and the wages paid its employees. For the purpose in this section named, the Commission may employ experts to assist them when needed, and from time to time, as the information required by this section is obtained, it shall communicate the same to the Attorney General by report, and file a duplicate thereof with the State Examiner and inspector for public use, and said information shall be printed, from time to time, in the annual report of the Commission. The Laws of 1953, p. 484, 18 Oklahoma Statutes Annotated  438.1 to 438.34, constituting the Rural Telephone Cooperative Act, provides in part in  32 (18 Okl.St.Ann.  438.32): "It is hereby expressly declared by the Legislature that this entire Act and this section is an amendment to, and alteration of, Section 18 through Section 34 inclusive, of Article IX of the Constitution of the State of Oklahoma, as authorized by Section 35, Article IX of said Constitution." *** MEND *** *** MSTART 117 030.0 009.0 0 OK 1907 1958 *** Article 9, section 30 30. No transportation or transmission company shall charge or receive any greater compensation, in the aggregate, for transporting the same class of passengers or property, or for transmitting the same class of messages, over a shorter than a longer distance, along the same line and in the same direction-the shorter being included in the longer distance; but this section shall not be construed as authorizing any such company to charge or receive as great compensation for a shorter as for a longer distance. Commission may, from time to time, authorize any such company to disregard the foregoing provisions of this section, by charging such rates as the Commission may prescribe as just and equitable between such company and the public, to or from any junctional or competitive points or localities, or where the competition of points located without this State may make necessary the prescribing of special rates for the protection of the commerce of this State; but this section shall not apply to mileage tickets, or to any special excursion, or commutation rates, or to special rates for services rendered to this State, or to the United States, or in the interest of some public object, when such tickets or rates shall have been prescribed or authorized by the Commission. The Laws of 1953, p. 484, 18 Oklahoma Statutes Annotated  438.1 to 438.34, constituting the Rural Telephone Cooperative Act, provides in part in  32 (18 Okl.St.Ann.  438.32): "It is hereby expressly declared by the Legislature that this entire Act and this section is an amendment to, and alteration of, Section 18 through Section 34 inclusive, of Article IX of the Constitution of the State of Oklahoma, as authorized by Section 35, Article IX of said Constitution." *** MEND *** *** MSTART 118 031.0 009.0 0 OK 1907 1913 *** Article 9, section 31 31. No railroad, oil pipe line, telephone, telegraph, express, or car corporation organized under the laws of any other state, or of the United States, and doing business or proposing to do business in the State of Oklahoma, shall be allowed to exercise the right of eminent domain, unless it shall become a body corporate pursuant to the laws of this state; or unless such corporation shall comply with such limitations and restrictions as may be prescribed by the Corporation Commission, and file with the commission its written acceptance of such requirements and procure from the commission a certificate entitling it to exercise such right. Amended by Laws 1913, ch. 168, p. 387,  1. *** MEND *** *** MSTART 119 032.0 009.0 0 OK 1907 1958 *** Article 9, section 32 32. The said Commission shall have power, and it is hereby made its duty, to investigate all through freight or passenger rates on railroads in this State, and when the same are, in the opinion of the Commission, excessive or levied or laid in violation of the Interterstate Commerce law, or the rules and regulations of the Interstate Commerce Commission, the proper officials of the railroads are to be notified of the facts and requested to reduce them or make the proper corrections, as the case may be. When the rates are not changed, or the proper corrections are not made according to the request of the Commission, it shall be the duty of the latter to notify the Interstate Commerce Commission and to make proper application to it for relief, and the Attorney General or such other persons as may be designated by law shall represent the Commission in all such matters. The Laws of 1953, p. 484, 18 Oklahoma Statutes Annotated  438.1 to 438.34, constituting the Rural Telephone Cooperative Act, provides in part in  32 (18 Okl.St.Ann.  438.32): "It is hereby expressly declared by the Legislature that this entire Act and this section is an amendment to, and alteration of, Section 18 through Section 34 inclusive, of Article IX of the Constitution of the State of Oklahoma, as authorized by Section 35, Article IX of said Constitution." *** MEND *** *** MSTART 120 033.0 009.0 0 OK 1907 1958 *** Article 9, section 33 33. Any person, firm, or corporation owning or operating any coal, lead, iron, or zinc mine, or any saw mill, grain elevator, or other industry, whenever the Commission shall reasonably determine that the amount of business is sufficient to justify the same, near or within a reasonable distance of any track, may, at the expense of such person, firm, or corporation, build and keep in repair a switch leading from such railroad to such mine, saw mill, elevator or other industry; such railroad company shall be required to furnish the switch stand and frog and other necessary material for making connections, with such side track or spur under such reasonable terms, conditions and regulations as the said Commission may prescribe, and shall make connection therewith. The party owning such mine, saw mill, elevator or other industry shall pay the actual cost thereof. If any railroad company, after proper demand therefor is made, shall refuse to furnish said material for making said connection and put the same in place, or after the building of such switch, shall fail or refuse to operate the same, such railroad company failing and refusing for a reasonable time, shall forfeit and pay to the party or corporation aggrieved, the sum of five hundred dollars for each and every offense, to be recovered by civil action in any court of competent jurisdiction; and every day of such refusal on the part of the railroad company to operate such switch as aforesaid, after such demand is made, shall be deemed a separate offense. The Laws of 1953, p. 484, 18 Oklahoma Statutes Annotated  438.1 to 438.34, constituting the Rural Telephone Cooperative Act, provides in part in  32 (18 Okl.St.Ann.  438.32): "It is hereby expressly declared by the Legislature that this entire Act and this section is an amendment to, and alteration of, Section 18 through Section 34 inclusive, of Article IX of the Constitution of the State of Oklahoma, as authorized by Section 35, Article IX of said Constitution." *** MEND *** *** MSTART 121 034.0 009.0 0 OK 1907 1941 *** Article 9, section 34 34. As used in this Article, the term "transportation company" shall include any company, corporation, trustee, receiver or any other person owning, leasing or operating for hire a railroad, street railway, canal, steamboat line, and also any freight car company, car corporation, or company, trustee or persons in any way engaged in such business as a common carrier over a route acquired in while or in part under the right of eminent domain, or under any grant from the Government of the United States; the term "rate" shall be construed to mean rate of charge for any service rendered or to be rendered; the terms "rate," "charge" and "regulation" shall include joint rates, joint charges and joint regulations, respectively; the term "transmission company" shall include any company, receiver or other person owning, leasing or operating for hire any telegraph or telephone line; the term "freight" shall be construed to mean any property transported or received for transportation by any transportation company. The term "public service corporation" shall include all transportation and transmission companies, all gas, electric, heat, light and power companies, and all persons, firms, corporations, receivers or trustees engaged in said businesses, and all persons, firms, corporation, receivers or trustees authorized to exercise the right of eminent domain or having a franchise to use or occupy any right of way, street, alley or public highway, whether along, over or under the same, in a manner not permitted to the general public, and all persons, firms, corporations, receivers and trustees engaged in any business which is a public utility or a public service corporation, at the present time or which may hereafter be declared to be a public utility or a public service corporation. The term "person" as used in this Article shall include individuals, partnerships, and corporations in the singular as well as plural number; the term "bond " shall mean all certificates or written evidence of indebtedness issued by any corporation and secured by mortgage or trust deed. The term "frank" shall mean any writing or token issued by or under authority of a transmission company, entitling the holder to any service from such company free of charge. The provisions of this Article shall always be so restricted in their application as not to conflict with any of the provisions of the Constitution of the United States, and as if the necessary limitations upon their interpretation had been herein expressed in each case. Amended by Laws 1941, p. 546,  5. *** MEND *** *** MSTART 122 035.0 009.0 0 OK 1907 1958 *** Article 9, section 35 35. After the second Monday in January, nineteen hundred and nine, the Legislature may, by law, form time to time, alter, amend, revise, or repeal sections from eighteen to thirty-four, inclusive, of this article, or any of them, or any amendments thereof: Provided, That no amendment made under authority of this section shall contravene the provisions of any part of this Constitution other than the said sections last above referred to or any such amendments thereof. The Laws of 1953, p. 484, 18 Oklahoma Statutes Annotated  438.1 to 438.34, constituting the Rural Telephone Cooperative Act, provides in part in  32 (18 Okl.St.Ann.  438.32): "It is hereby expressly declared by the Legislature that this entire Act and this section is an amendment to, and alteration of, Section 18 through Section 34 inclusive, of Article IX of the Constitution of the State of Oklahoma, as authorized by Section 35, Article IX of said Constitution." *** MEND *** *** MSTART 123 039.0 009.0 0 OK 1907 1968 *** Article 9, section 39 39. No corporation shall issue stock except for money, labor done or property actually received, at a stated value thereof, and the Legislature shall prescribe the necessary regulations to prevent the issue of fictitious stock or indebtedness. Amended Sept. 17, 1968. *** MEND *** *** MSTART 124 041.0 009.0 0 OK 1907 1968 *** Article 9, section 41 41. No trust company, or bank or banking company shall own, hold, or control, in any manner whatever, the stock of any other trust company or bank or banking company, except such stock as may be pledged in good faith to secure bona fide indebtedness, acquired upon foreclosure, executive sale, or otherwise for the satisfaction of debt; and such stock shall be disposed of in the time and manner hereinbefore provided. Amended Sept. 17, 1968. *** MEND *** *** MSTART 125 043.0 009.0 0 OK 1907 1968 *** Article 9, section 43 43. Every foreign corporation shall, before being licensed to do business in the State, designate an agent residing in the State; and service of summons or legal notice may be had on such designated agent and such other agents as now are or may hereafter be provided for by law. Suit may be maintained against a foreign corporation in the county where an agent of such corporation may be found, or in the county of the residence of plaintiff, or in the county where the cause of action may arise. Amended Sept. 17, 1968. *** MEND *** *** MSTART 126 006.A 010.0 0 OK 1907 1968 *** Article 10, section 6A 6A. All property consigned to a consignee in this State from outside this State to be forwarded to a point outside this State, which is entitled under the tariffs, rules, and regulations approved by the Interstate Commerce Commission to be forwarded at through rates from the point of origin to the point of destination, if not detained within this State for a period of more than ninety (90) days, shall be deemed to be property moving in interstate commerce, and no such property shall be subject to taxation in this State; provided, that goods, wares and merchandise, whether or not moving on through rates, shall be deemed to move in interstate commerce, and not subject to taxation in this State if not detained more than nine (9) months where such goods, wares and merchandise are so held for assembly, storage, manufacturing, processing or fabricating purposes; provided, further, that personal property consigned for sale within this State must be assessed as any other personal property. New. Added Sept. 17, 1968. Another Article 10, section 6A was also added August 27, 1968. See amendment number 127. *** MEND *** *** MSTART 127 006.A 010.0 0 OK 1907 1968 *** Article 10, section 6A 6A. Intangible personal property as below defined shall not be subject to ad valorem tax or to any other tax in lieu of ad valorem tax within this State: (a) Money and cash on hand, including currency, gold, silver, and other coin, bank drafts, certified checks, and cashier's checks. (b) Money on deposit in any bank, trust company, or other depository of money, within or without the State of Oklahoma, including certificates of deposit. (c) Accounts and bills receivable, including brokerage accounts, and other credits, whether secured or unsecured. (d) Bonds, promissory notes, debentures, and all other evidences of debt, whether secured or unsecured; except notes, debentures, and other evidences of debt secured by real estate mortgages which are subject to the Mortgage Registration Tax under Sections 12351-12362, inclusive, Oklahoma Statutes, 1931 (68 O.S.1961, Sections 1171-1182). (e) Shares of stock or other written evidence or proportional shares of beneficial interests in corporations, joint stock companies, associations, syndicates, express or business trusts, special or limited partnerships, or other business organizations. (f) All interests in property held in trust or on deposit within or without this State, and whether or not evidenced by certificates, shares, or other written evidence of beneficial ownership. (g) Final judgments for the payment of money. (h) All annuities and annuity contracts. The effective date of this Amendment shall be January 1, 1969; provided, that the intangible personal property taxes levied for the year 1968 shall be collected. New. Added Aug. 27, 1968. Another Article 10, section 6A added Sept. 17, 1968. See amendment number 126. *** MEND *** *** MSTART 128 008.0 010.0 0 OK 1907 1972 *** Article 10, section 8 8. All property which may be taxed ad valorem shall be assessed for taxation at its fair cash value, estimated at the price it would bring at a fair voluntary sale, except real property and tangible personal property shall not be assessed for taxation at more than thirty-five percent (35%) of its fair cash value, estimated at the price it would bring at a fair voluntary sale. Provided, however, that no real property shall be assessed for ad valorem taxation at a value greater than thirty-five percent (35%) 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. Provided, further, that 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. Any officer or other person authorized to assess values or subjects for taxation, who shall commit any wilful error in the performance of his duty, shall be deemed guilty of malfeasance, and upon conviction thereof shall forfeit his office and be otherwise punished as may be provided by law. Amended Nov. 7, 1972. *** MEND *** *** MSTART 130 009.0 010.0 0 OK 1907 1965 *** Article 10, section 9 9. (a) Except as herein otherwise provided, that total taxes for all purposes on an ad valorem basis shall not exceed, in any taxable year, fifteen (15) mills on the dollar, no less than five (5) mills of which is hereby apportioned for school district purposes, the remainder to be apportioned between county, city, town and school district, by the County Excise Board, until such time as a regular apportionment thereof is otherwise provided for by the Legislature. No ad valorem tax shall be levied for State purposes, nor shall any part of the proceeds of any ad valorem tax 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. (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. (f) Should the amendment contained in subsection (d-1) hereof be adopted on September 14, 1965, the school board of any school district in the State may within ten (10) days thereafter file with the Excise Board of the county a supplemental estimate of needs and call a special election within fifteen (15) days after such call upon the new local support levy or emergency levy if not previously submitted, or both. The school board shall advertise notice of such election by publication in at least one issue of a newspaper having general circulation in the school district, or by posting in five public places in the district at least five (5) days before such election. Should the electors of the school district vote such additional levy in such election, the County Excise Board shall forthwith compute the levy and certify appropriations for all affected school districts and refile the budgets with the County Clerk and with the State Auditor. Notice of the filing of said budget shall be given as required by law. The forty (40) day protest period shall begin immediately upon the filing of said budgets. For the fiscal year 1965-66, the Excise Board of each county shall not finally compute the levy nor certify the appropriations for the school districts of the State until after the school district shall have had the opportunity to hold a special election as provided herein. Temporary appropriations, up to forty per centum (40%) of the estimated funds needed by the school board of any district in the State for the fiscal year 1965-66, may be approved any time after the beginning of such fiscal year. Upon the computation of the levy and certification of appropriations by the Excise Board, the County Assessor shall prepare or revise the tax rolls and deliver the same to the County Treasurer who shall proceed with the collection of the taxes as a required by law. Should it become necessary, because of the delay in computing levies and certifying appropriations as herein provided, the Governor may, by executive order, extend the time when taxes will be delinquent for the year of 1965, and that year only. Such extension of time shall be for the minimum time necessary to permit the County Assessor and County Treasurer to perform their duties as required by law. Amended Sept. 14, 1965. *** MEND *** *** MSTART 131 009.A 010.0 0 OK 1907 1960 *** Article 10, section 9A 9A. For the purpose of maintaining or aiding in maintaining a department of health within any county of the State, an additional levy not to exceed two and one-half mills on the dollar of the assessed valuation of the county may be levied annually, when such levy is approved by a majority of the qualified ad valorem tax paying voters of the county, voting on the question at an election called for such purpose by the Board of County Commissioners, or by initiative petition by voters of a county. A maximum levy of two and one-half mills may be made for such purpose after such approval until repealed by a majority of the qualified ad valorem tax paying voters of the county, voting on the question at an election called for such purpose by the Board of County Commissioners, or by initiative petition by voters of a county. Such department of health may be maintained jointly or in conjunction with one or more counties, cities, towns or school districts, or any combination thereof, and shall be maintained as now or hereafter provided by law. Nothing herein shall prohibit other levies or the use of other public funds for such department of health. New. Added July 5, 1960. *** MEND *** *** MSTART 132 009.B 010.0 0 OK 1907 1966 *** Article 10, section 9B 9B. (a) Area school districts for vocational and/or technical schools may be established and a levy of not to exceed five (5) mills on the dollar valuation of the taxable property in any area school district so established may be made annually, for the district, when such levy is approved by a majority of the electors of the area school district, voting n the question at an election called for such purpose. Such levy shall be in addition to all other levies authorized by this Constitution, and when approved, shall be made each fiscal year thereafter until repealed by a majority of the electors of the area school district, voting on the question at an election called for such purpose. Any area 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 area school district shall be vested in a school board which shall be constituted and empowered as provided by law for school boards of independent school districts. (b) Upon the establishment of area school districts, such districts are authorized to become indebted separate and apart from the indebtedness of any school district included in the area school district up to five per cent (5%) of the net valuation of taxable property within such area school district for capital improvements including purchasing sites, constructing, purchasing, improving and equipping real property and buildings when such indebtedness is approved by a majority of the electors of the area school district voting on the question in an election called for such purpose. (c) Until otherwise provided by law, area school districts and the government thereof shall be established in accordance with criteria and procedures prescribed by the State Board for Vocational Education. (d) The Legislature may alter, amend, delete, or add to the provisions of this Section 9B by law. New. Added May 24, 1966. *** MEND *** *** MSTART 133 009.C 010.0 0 OK 1907 1976 *** Article 10, section 9C 9C. (a) The board of county commissioners, or boards if more than one county is involved, may call a special election to determine whether or not an ambulance service district shall be formed. An election shall also be called by the board or boards involved upon petition signed by not less than ten percent (10%) of the registered voters of the area affected. Said area may embrace a county, a part thereof, or more than one county or parts thereof, and in the event the area covers only a part or parts of one or more counties, the area must follow school district boundary lines. All registered voters in such area shall be entitled to vote, as to whether or not such district shall be formed, and at the same time and in the same question authorize a tax levy not to exceed three (3) mills for the purpose of providing funds for the purpose of support, organization, operation and maintenance of district ambulance services, known as emergency medical service districts and hereinafter referred to as "districts." If the formation of the district and the mill levy is approved by a majority of the votes cast, a special annual recurring ad valorem tax levy of not more than three (3) mills on the dollar of the assessed valuation of all taxable property in the district shall be levied. The number of mills shall be set forth in the election proclamation, and may be increased in a later election, not to exceed a total levy of three (3) mills. This special levy shall be in a addition to all other levies and when authorized shall be made each fiscal year thereafter. Each district which is herein authorized, or established, shall have a board of trustees composed of not less than five members. Such trustees shall be chosen jointly by the board or boards of county commissioners, provided that such membership shall be composed of not less than one individual from each county or part thereof which is included in said district. Original members of the board of trustees shall hold office, as follows: At the first meeting of said board, board members shall draw lots to determine each trustee's original length of term in office. The number of lots to be provided shall be equal to the number of original members of the board, and lots shall be numbered sequentially from one through five, with lots in excess of the fifth 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 ($10,000.0). The district board of trustees shall have the additional powers to hire a manager and appropriate personnel, contract, organize, maintain or otherwise operate the emergency medical services within said district and such additional powers as may be authorized by the Legislature. (b) Any district board of trustees may issue bonds, if approved by a majority vote at a special election for such purpose. All registered voters within the designated district shall have the right to vote in said election. Such bonds shall be issued for the purpose of acquiring emergency vehicles and other equipment and maintaining and housing the same. (c) The bonds authorized above shall not bear interest at a greater rate than that authorized by statute for the issuance of city municipal bonds. Such bonds shall be sold only at public sale after twenty (20) days' advertisement in a newspaper for publication of legal notices with circulation in the district. Any district may refund its bonds as is now provided by law for refunding municipal bonds. (d) Any district board of trustees, upon issuing bonds as authorized in subsection (b) of this section, shall levy a special annual ad valorem tax upon the property within the district, payable annually, in a total amount not to exceed three (3) mills on the dollar, on the real and personal taxable property in such district, for the payment of principal and interest on outstanding bonds, until same are paid. However, the trustees may, from time to time, suspend the collection of such annual levy when not required for the payment of the bonds. In no event shall the real and personal taxable property in any city or town be subject to a special tax in excess of three (3) mills for the payment of bonds issued hereunder. (e) There may also be pledged to the payment of principal and interest of the bonds herein authorized to be issued: (1) any net proceeds from operation of the district that the board of trustees of the district shall deem not necessary to the future operation and maintenance of said emergency medical service; or (2) any monies available from other funds of the district not otherwise obligated. (f) Bonds shall be issued for designated sums with serial numbers thereon and maturing annually after three (3) years from date of issue. All bonds and interest thereon shall be paid upon maturity and no bonds shall be issued for a period longer than thirty (30) years. Any district board of trustees may in its discretion schedule the payment of principal over the thirty-year period so that when interest is added there will be approximately level annual payments of principal and interest. (g) In the event the mill levy as set forth in the original election proclamation is less than three (3) mills, the board of trustees may request the county commissioners to call a subsequent election to consider increasing the mill levy; provided, however, the total levy authorized by subsection (a) hereof shall not exceed three (3) mills. (h) The board of trustees of any district shall have jurisdiction over the sale or refunding of any bonds issued by the district and shall be responsible for the economical expenditure of the funds derived from the bonds. (i) Such district 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 Examiner 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 district may be dissolved, or the millage levy changed, by a majority vote of the registered votes voting a 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 (20%) of all registered voters in the district. (l) 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. (m) 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. (n) 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. (o) 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. New. Added Aug. 24, 1976. *** MEND *** *** MSTART 134 010.0 010.0 0 OK 1907 1955 *** Article 10, section 10 10. For the purpose of erecting public buildings in counties or cities, or for the purpose of raising money for a building fund for a school district which may be used for erecting, remodeling or repairing school buildings, and for purchasing furniture, the rates of taxation herein limited may be increased, when the rate of such increase and the purpose for which it is intended shall have been submitted to a vote of the people, and a majority of the qualified voters of such county, city, or school district, voting at such election, shall vote therefor: Provided, that such increase shall not exceed five (5) mills on the dollar of the assessed value of the taxable property in such county, city, or school district. Amended April 5, 1955. *** MEND *** *** MSTART 135 010.A 010.0 0 OK 1907 1976 *** Article 10, section 10A 10A. To provide funds for the purpose of establishing and maintaining or aiding in establishing and maintaining public libraries and library services, a special annual recurring ad valorem tax levy of 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 shall be levied when such levy is approved by a majority vote of the qualified electors of the county voting on the question at an election called for that purpose by the Board of County Commissioners, either upon its own initiative or upon petition initiated by not less than ten percent (10%) of the qualified electors of the county based on the total number of votes case at the last general election for the county office receiving the highest number of votes at such an election. 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. In counties having a population of less than one hundred thousand (100,000), according to the most recent Federal Decennial Census, the proceeds of such levy shall be used by the county only for such public libraries and library services as are in cooperation with one or more other counties; and in counties having a population of more than one hundred thousand (100,000), according to the most recent Federal Decennial Census, the proceeds of such levy shall be used by the county for joint city-county public libraries and library services or for such public libraries and library services as are in cooperation with one or more other counties. 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. Amended Nov. 2, 1976. *** MEND *** *** MSTART 136 012.0 010.0 0 OK 1907 1968 *** Article 10, section 12 12. The Legislature shall have power to provide for the levy and collection of license, franchise, gross revenue, excise, income, collateral and direct inheritance, legacy, and succession taxes; also graduated income taxes, graduated collateral and direct inheritance taxes, graduated legacy and succession taxes; also stamp, registration, production or other specific taxes. In the exercise of the powers provided for in this section, and notwithstanding any other provision of this Constitution, the Legislature may, with or without exceptions, modifications, or adjustments define the amount on, in respect to, or by which any such tax or taxes are imposed or measured (a) by reference to any provisions of the laws (including administrative regulations, determinations, and interpretations) of the United States, as such laws may be or become effective at any time or form time to time; (b) by reference to any amount or amounts finally ascertained in determining amounts subject to taxation by the United States; or (c) by reference to any amount or amounts of tax finally ascertained to be payable to the United States. Amended Aug. 27, 1968. *** MEND *** *** MSTART 137 021.0 010.0 0 OK 1907 1979 *** Article 10, section 21 21. A. There shall be a State Board of Equalization consisting of the Governor, State Auditor, State Treasurer, Lieutenant Governor, Attorney General, State Inspector, and Examiner and President of the Board of Agriculture. The duty of said Board shall be to adjust and equalize the valuation of real and personal property of the several counties in the state, and it shall perform such other duties as may be prescribed by law, and they shall assess all railroad and public service corporation property. B. Should the Offices of State Examiner and Inspector and State Auditor be consolidated in the Office of State Auditor and Inspector, the State Auditor shall be replaced as a member of the State Board of Equalization by the State Auditor and Inspector and the Superintendent of Public Instruction shall be added as a member thereof. Should the offices not be so consolidated, the membership shall remain the same as provided in subsection A of this section and the Superintendent of Public Instruction shall not be added to the membership. Amended July 22, 1975, eff. Jan. 8, 1979. Should probably read "State Examiner and Inspector". *** MEND *** *** MSTART 138 023.0 010.0 0 OK 1907 1975 Article 10, section 23 23. Not more than forty-five (45) days or less than thirty-five (35) days prior to the convening of each regular session of the Legislature, the State Board of Equalization shall make an itemized estimate of the revenues to be received by the state under the laws in effect at the time such estimate is made, for the next ensuing fiscal year, showing separately the revenues to accrue to the credit of the General Revenue Fund and each special fund of the state. The estimate shall not exceed an amount which shall be determined by the following procedure: (1) Certify the total amount of revenue which accrued to the General Revenue Fund and each special fund during the last preceding fiscal year; (2) Next, compute the percentage by which, in each one of the last five (5) preceding fiscal years, the amount of revenue exceeded, or was below, the corresponding amount of revenue for the next preceding fiscal year, the average percentage of increase or decrease for this five-year period shall then be computed. Revenue of a nonrecurring nature shall be excluded from the revenue of the preceding fiscal years in computing the percentage of increase or decrease for those years. (3) If there is a decline in the percentage of increase during the last preceding fiscal year as compared to the five-year average computed above, the Board shall compute such percentage for that period. (4) The Board of Equalization, having computed the percentage based on (2) and on (3) above, shall then certify which is the lesser of the two methods. (5) The Board shall then add to or subtract from the total amount of the revenue for the last preceding fiscal year a sum equal to twice the lesser of the two methods. Such estimate 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 estimate is made and filed, unless the State Board of Equalization has failed to file said estimate at the time of convening of said Legislature, then, in such event, it shall be the duty of the Legislature to make such estimate pursuant to the provisions of this amendment,ý and all appropriations made in excess of such estimate 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 case on hand from one fund to another. Whereupon, it shall be the duty of the State Board of Equalization to make an estimate of the revenues that will accrue under such laws and to file the same with the Governor, with the President and President Pro Tempore of the Senate, and the Speaker of the House of Representatives, and the amount of any increase or decrease resulting, for any reason, from such laws shall be added to or deducted from each respective fund, as the case may be. The amount of such adjusted estimate shall be the maximum amount which can be appropriated for all purposes from any fund for the fiscal year estimated. 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. 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 for that fiscal year; provided, however, that the Governor may in his discretion issue a deficiency certificate or certificates to the State Auditor for the benefit of any department, institution or agency of the state, if the amount of such deficiency certificate or certificates be within the limit of the current appropriation for that department, institution or agency, whereupon the State Auditor shall issue warrants to the extent of such certificate or 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 certificate or certificates exceed in the aggregate the sum of Five Hundred Thousand Dollars ($500,000.0) in any fiscal year. The state shall never create or authorize the creation of any debt or obligation, or fund or pay any deficit, against the state, or any department, institution or agency thereof, regardless of its form or the source of money from which it is to be paid, except as provided in this amendment and in Sections 24 and 25 of Article X of the Constitution of the State of Oklahoma. Amended July 22, 1975. Should be a semicolon instead of a comma or should start a new sentence. ý Probably should read "this section". *** MEND *** *** MSTART 139 023.A 010.0 0 OK 1907 1944 *** Article 10, section 23A 23A. Any surplus which has accrued or may hereafter accrue to the General Revenue Fund of the State of Oklahoma during any fiscal year shall be placed monthly in a sinking fund in the State Treasury to be used solely for the purpose of paying the principal and interest of the outstanding and unpaid bonded indebtedness of the State of Oklahoma. The monies and securities heretofore credited to the Surplus Accounts of the State Funding Bond Funds of 1935, 1939, and 1941 also shall be placed in said Sinking Fund. The State Treasurer shall be the custodian of said Sinking Fund and shall apply the monies and securities placed to the credit of said fund to the payment of the principal and interest of the state's bonded indebtedness. The State Treasurer with the approval of the Governor and Attorney General shall have the authority to invest the monies in said sinking fund in bonds or securities of the United States of America, and the State Treasurer with the approval of the Governor and Attorney General may sell said securities to provide funds to meet maturing State bonds and coupons. The provisions of this section shall be self-executing. When the monies credited to said sinking fund together with the monies set aside to pay said bonded indebtedness, pursuant to the statues authorizing the issuance of said bonds, are sufficient to pay all outstanding bonds and coupons heretofore issued by the State of Oklahoma, it shall no longer be necessary to credit surplus funds to the Sinking Fund herein created. The sufficiency of said monies to fully pay the State's bonded indebtedness shall be determined by the Governor, State Treasurer, and Attorney General. After such determination any surplus monies thereafter to the credit of the State General Revenue Fund shall be subject to appropriation by the Legislature. New. Added July 11, 1944. *** MEND *** *** MSTART 140 026.0 010.0 0 OK 1907 1972 *** Article 10, section 26 26. Except as herein otherwise provided, no county, city, town, township, school district, or other political corporation, or subdivision of the state, shall be allowed to become indebted, in any manner, or for any purpose, to an amount exceeding, in any year, the income and revenue provided for such year without the assent of three-fifths of the voters thereof, voting at an election, to be held for that purpose, nor, in cases requiring such assent, shall any indebtedness be allowed to be incurred to an amount, including existing indebtedness, in the aggregate exceeding five percent (5%) of the valuation of the taxable property therein, to be ascertained from the last assessment for state and county purposes previous to the incurring of such indebtedness: Provided, that if a school district has an absolute need therefor, such district may, with the assent of three-fifths of the voters thereof voting at an election to be held for that purpose, incur indebtedness to an amount, including existing indebtedness, in the aggregate exceeding five percent (5%) but not exceeding ten percent (10%) of the valuation of the taxable property therein, to be ascertained from the last assessment for state and county purposes previous to the incurring of such indebtedness, for the purpose of acquiring or improving school sites, constructing, repairing, remodeling or equipping buildings, or acquiring school furniture, fixtures or equipment; and such assent to such indebtedness shall be deemed to be a sufficient showing of such absolute need, unless otherwise provided by law. Provided further, that if a city or town has an absolute need therefor, such city or town may, with the assent of three-fifths of the voters thereof voting at an election to be held for that purpose, incur indebtedness to an amount, including existing indebtedness, in the aggregate exceeding five percent (5%) but not exceeding ten percent (10%) of the valuation of the taxable property therein, to be ascertained from the last assessment for state and county purposes previous to the incurring of such indebtedness, and such assent to such indebtedness shall be deemed to be a sufficient showing of such absolute need unless otherwise provided by law. Provided, further, that any county, city, town, school district, or other political corporation, or subdivision of the state, incurring any indebtedness requiring the assent of the voters as aforesaid, shall, before or at the time of doing so, provide for the collection of an annual tax sufficient to pay the interest on such indebtedness as it falls due, and also to constitute a sinking fund for the payment of the principal thereof within twenty-five (25) years from the time of contracting the same, and provided further that nothing in this section shall prevent any school district from contracting with certificated personnel for periods extending one (1) year beyond the current fiscal year, under such conditions and limitations as shall be prescribed by law. Amended Aug. 22, 1972. *** MEND *** *** MSTART 141 027.A 010.0 0 OK 1907 1958 *** Article 10, section 27A 27A. Any incorporated city or town in Oklahoma may individually or jointly, after approval of the proposition by a majority of the qualified electors voting in an election in each of said cities and towns, contract and pledge revenues for a term of years with other cities or towns, the State of Oklahoma, the United States of America, or any other governmental subdivision or agency of any of them, for the purpose of purchasing water, constructing, acquiring, or operating water facilities, or purchasing or leasing reservoir space. Any one or more incorporated cities and towns in Oklahoma may after approval of the proposition by a majority of the qualified electors voting in an election in each of said cities and towns issue bonds payable over a period not to exceed thirty (30) years and secured by revenues derived from the sale of water for the joint construction, acquisition, repair, extension or improvement of said water facilities; and thereafter enact ordinances giving effect to the provisions of this section. This section shall be independent and shall not be limited by or limit other existing provisions of the Constitution relating to municipal water or the financing thereof, nor shall it be exclusive as to other agencies of the State of Oklahoma authorized by law to incur indebtedness, Section 27 of Article X of the Constitution which pertains to incurring of tax secured indebtedness by cities and towns for public utilities is hereby amended to permit joint ownership by cities and towns of water facilities. New. Added July 1, 1958. *** MEND *** *** MSTART 142 032.0 010.0 0 OK 1907 1955 *** Article 10, section 32 32. For the purpose of providing buildings for school districts, there is hereby established a State Public Common School Building Equalization Fund in which shall be deposited (1) such monies as may be designated or provided for such purpose by the Legislature, other than ad valorem taxes, and (2) any royalties, bonuses, rentals, or other monies derived from oil and gas leases on lands that have been or may be granted by the United States to the State for the use and benefit of the common schools, or lands that are or may be held by the Commissioners of the Land Office for the use and benefit of the common schools, the proceeds of the sale of easements, improvements and sand and gravel on any such lands, the proceeds of all property that shall fall to the State by escheat, penalties for unlawful holding of real estate by corporations, and capital gains on assets of the permanent school fund; 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 district in acquiring buildings, under such regulations as may be prescribed by the administering agency, unless otherwise provided by law, but the amount paid therefrom to or for any school district during any twenty-year period shall not be more than the amount by which Four Hundred Dollars ($400.0) per pupil in average daily attendance during the immediately preceding fiscal year exceeds ten per centum (10%) of the districts then existing net assessed valuation. The administering agency is authorized to accept grants-in-aid from the Federal Government for building purposes. New. Added April 5, 1955. *** MEND *** *** MSTART 143 033.0 010.0 0 OK 1907 1955 *** Article 10, section 33 33. The Legislature of the State of Oklahoma is hereby authorized to enact a law whereby the State may become indebted in an amount not to exceed Fifteen Million Dollars ($15,000,000.0) for the purpose of constructing new buildings and other capital improvements and for equipping, remodeling, modernizing and repairing any and all existing buildings and capital improvements at the constituent institutions of the Oklahoma State System of Higher Education and other State institutions. No part of any of said monies shall be, directly or indirectly, allocated to or used by the Oklahoma Educational Television Authority for any purpose whatsoever. Such law shall provide for the payment and discharge of the principal of such debt within twenty-seven (27) years and shall further provide for the payment and discharge of the principal and interest on such indebtedness from one or more of the following sources of State income as follows: (1) Any remainder available from the two cents (2›) of the tax on each package of cigarettes as heretofore provided and defined in Article X, Section 31 of the Constitution of the State of Oklahoma, after the annual requirements for principal and interest on the indebtedness created pursuant to said Section have been fully met, until such indebtedness created by said Section has been fully paid and retired, and thereafter, the full amount of said two cents (2›) of the cigarette tax so provided, or so much thereof as may be required, until the indebtedness herein authorized to be created is fully paid and retired; (2) An additional three cents (3›) of the tax now imposed, or which may hereafter be imposed, on each package of cigarettes containing more than twenty (20) cigarettes, or so much of said additional three (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. New. Added April 5, 1955. *** MEND *** *** MSTART 144 034.0 010.0 0 OK 1907 1960 *** Article 10, section 34 34. The Legislature of the State of Oklahoma is hereby authorized to enact legislation creating a State Industrial Finance Authority, to be composed of the State Treasurer (who shall be an exofficio, non-voting member) and seven members, appointed by the Governor for overlapping terms, one of whom shall be the Director of the State Department of Commerce and Industry representing the State at large, and one each from the present six Congressional Districts, at least five of whom shall have had at least fifteen (15) years experience in banking, mortgage loans, or financial management, and the remaining member shall have demonstrated outstanding ability in business or industry, which Authority shall be, and is hereby, authorized to issue and sell State Industrial Finance Bonds in such amounts as shall be needed from time to time for the purposes herein provided, not to exceed in the aggregate Ten Million Dollars ($10,000,000.0) outstanding at any one time, said bonds to be payable in full within thirty (30) years from their date, the proceeds whereof shall be deposited in the State Treasury in a fund known as a State Industrial Revolving Loan Fund to be loaned, and reloaned, by said Authority on ly to Oklahoma incorporated industrial development agencies (whether profit or non-profit) in Oklahoma communities, which agencies shall first have been approved and qualified by said Authority, such loans to be secured either by first or second mortgage on the land, buildings and facilities of such industrial properties, whether existing or to be constructed, held for sale or lease to approved responsible industrial firms on such terms as will amortize such loans within a period of twenty- five (25) years or less, but in no event shall the state's participation exceed twenty-five percent (25%) of the total cost or value of such industrial properties. All bonds representing the state indebtedness herein authorized to be created by the State Industrial Development Authority shall be backed by the full faith and credit of the State of Oklahoma, and there shall be pledged to the payment of principal and interest of the bonds herein authorized to be issued: (1) The net proceeds from repayment of loans and interest received thereon; (2) any moneys available from other funds of the State not otherwise obligated; and (3) the proceeds of any tax, other than ad valorem, which may be imposed for such purpose in the event funds available for use and pledge under (1) and (2) should be insufficient. The Legislature shall enact appropriate and needful legislation pertaining to procedure, terms and necessary covenants for issuance of the bonds herein authorized and establishing such safeguards and regulations governing the lending of such funds as in its wisdom may be necessary to the vitalization of this Section, and helpful in carrying out the purpose and intent hereof; to aid and assist with Oklahoma's industrial development. Provided further, that after three years from date of enactment of this Act, the Oklahoma Legislature may enact legislation raising the amount not to exceed Twenty Million Dollars ($20,000,000.0) as provided in this Act. New. Added July 26, 1960. See also amendment 145 for text of another amendment to article 10, section 34, passed July 5, 1960. *** MEND *** *** MSTART 145 034.0 010.0 0 OK 1907 1960 *** Article 10, section 34 34. The Legislature of the State of Oklahoma is hereby authorized to enact a law or laws whereby the State may become indebted in an amount not to exceed Thirty Five Million, Five Hundred Thousand Dollars ($35,500,000.0) for the purpose of constructing new buildings and other capital improvements and for equipping, remodeling, modernizing and repairing any and all existing buildings and capital improvements at the constituent institutions of the Oklahoma State System of Higher Education, provided that Five Million Dollars ($5,000,000.0) shall be used to construct and equip a School and Hospital for Mentally Retarded Children in Northeastern Oklahoma, out of said monies such law or laws shall provide for the payment and discharge of the principal of such debt, together with principal and interest on such indebtedness, from one or more of the following sources of State income as follows: 1. Any remainder of revenue available from the revenues lawfully levied and collected by the State of Oklahoma on the sale of cigarets not already committed to other obligations of the State of Oklahoma; 2. Allocations by the Legislature of the State of Oklahoma from any monies in the general revenue fund of the State not otherwise obligated, committed or appropriated; and 3. The proceeds of any tax which the Legislature may impose and collect for the purpose of paying the principal and interest on the indebtedness herein authorized to be created, authority hereby being granted to the Legislature to so impose and collect such tax, if necessary Such law or laws hereby authorized to be enacted by the Legislature of the State of Oklahoma may provide for the issuance of bonds evidencing the indebtedness herein authorized and provide that such bonds may be issued in one or more series, may bear such date or dates, may mature at such time or times, may be in such denomination or denominations, may be in such form, coupon or registered, may carry such registration or conversion provisions, may be executed in such manner, may be payable in such medium or payment at such place or places, may be subject to such terms of redemption, with or without premium, and may bear such rate or rates of interest as the Legislature may deem expedient and may contain any and all provisions which the Legislature may deem necessary or expedient to make such bonds marketable as general obligations of the State of Oklahoma with the full faith and credit of the State pledged thereto. Within the limit of indebtedness herein authorized the Legislature in its discretion may authorize the issuance of such bonds and the incurring of the authorized indebtedness in fractional amounts of the total indebtedness hereby authorized to be incurred from time to time and at one or more Sessions of the Legislature. New. Added July 5, 1960. *** MEND *** *** MSTART 146 035.0 010.0 0 OK 1907 1962 *** Article 10, section 35 35. (a) Any incorporated town and any county may issue, by and with the consent of the majority of the qualified taxpaying voters of said municipality or county voting on the question at an election held for the purpose, bonds in sums provided by such majority at such election for the purpose of securing and developing industry within or near the said municipality holding the election, or within the county holding the election. (b) Such bonds shall bear interest at a rate not to exceed six per cent (6% per annum and shall be sold only at public sale after twenty (20 days' advertisement in a newspaper having a bona fide circulation in the municipality or county issuing such bonds; provided, however, that the said municipality or county may exchange such bonds for bonds of like amount, rate of interest, and length of issue. (c) To provide for the payment of all such bonds outstanding, principal, and interest as they mature, the municipality or county may levy a special tax, payable annually, in a total amount not to exceed five (5) mills on the dollar, in addition to the legal rate permitted, on the real and personal taxable property therein; provided, however, the municipality or county may, from time to time, suspend the collection of such annual levy when not required for the payment of its bonds; and provided further, however, that in no event shall the real and personal taxable property in any city or town be subject to a special tax in excess of five (5) mills for bonds issued hereunder. (d) Such bonds shall be serial, maturing annually after three (3) years from date of issue, and shall be paid as they mature, and no such bonds shall be issued for a period longer than thirty (30) years. (e) (1) The governing body of the municipality or the county commissioners of the county shall exercise jurisdiction over the sale or exchange of any such bonds voted by the electors at an election held for that purpose and shall expend economically the funds so provided. (2) In the expenditure and use of proceeds from the sale of said bonds, the said governing body is hereby authorized and directed to coordinate its industrial development plans and projects insofar as practicable with similar plans and projects of local industrial development agencies and the Oklahoma Industrial Finance Authority, as set forth in  34 of Article X of the Constitution, so as to supplement funds to be derived from these and other sources, including federal aid available to economically depressed areas, if any; and to the extent that federal requirements shall require subordination of liens securing loans from the Oklahoma Industrial Finance Authority or from other sources, as a condition to the obtaining of such federal aid, the same is hereby approved and authorized (f) The election on the issuance of such bonds shall be held at such time as the governing body of the municipality may designate by ordinance, or as the county commissioners of the county may designate by order, which ordinance or order shall state the sum total of the issue, the dates of maturities thereof, and shall fix the date of election so that it shall not occur earlier than thirty (3) days after the passage of the said ordinance or the granting of said order. The said election shall be held and conducted, the vote thereof canvassed, and the result thereof declared under the law and in the manner now or hereafter provided for municipal elections when the election is held by a municipality, and in the manner now or hereafter provided for county elections when the election is held by a county, so far as the same may be applicable, except as herein otherwise provided. Notice of the election shall be given by the mayor of the municipality or by the county commissioners of the county by advertisement weekly for at least four times in some newspaper having a bona fide circulation in the said municipality or county, with the last publication to be not less than ten (10) days prior to the date of the said election. Only qualified taxpaying voters of the said municipality or county shall have a right to vote at the said election. The result of the said election shall be proclaimed by the mayor of the municipality or by the county commissioners of the county, and the result as proclaimed shall be conclusive, unless attacked in the courts within thirty (30) days after the date of such proclamation. New. Added May 1, 1962. *** MEND *** *** MSTART 147 036.0 010.0 0 OK 1907 1963 *** Article 10, section 36 36. The Legislature of the State of Oklahoma is hereby authorized to enact a law or laws whereby the State may become indebted in an amount not to exceed Seven Million Dollars ($7,000,000.0) for the purpose of constructing new buildings and other capital improvements and for equipping, remodeling, modernizing and repairing any and all existing buildings and capital improvements at University of Oklahoma Medical Center, and such law or laws shall provide for the payment and discharge of the principal of such debt, together with principal and interest on such indebtedness, from one or more of the following sources of State income as follows: 1. Any remainder of revenue available from the revenues lawfully levied and collected by the State of Oklahoma on the sale of cigarets not already committed to other obligations of the State of Oklahoma; 2. Allocations by the Legislature of the State of Oklahoma from any monies in the general revenue fund of the State not otherwise obligated, committed or appropriated; and 3. The proceeds of any tax which the Legislature may impose and collect for the purpose of paying the principal and interest on the indebtedness herein authorized to be created, authority hereby being granted to the Legislature to so impose and collect such tax, if necessary. Such law or laws hereby authorized to be enacted by the Legislature of the State of Oklahoma may provide for the issuance of bonds evidencing the indebtedness herein authorized and provide that such bonds may be issued in one or more series, may bear such date or dates, may mature at such time or times, may be in such denomination or denominations, may be in such form, coupon or registered, may carry such registration or conversion provisions, may be executed in such manner, may be payable in such medium or payment at such place or places, may be subject to such terms of redemption, with or without premium, and may bear such rate or rates of interest as the Legislature may deem expedient and may contain any and all provisions which the Legislature may deem necessary or expedient to make such bonds marketable as general obligations of the State of Oklahoma with the full faith and credit of the State pledged thereto. Within the limits of indebtedness herein authorized the Legislature in its discretion may authorize the issuance of such bonds and the incurring of the authorized indebtedness in fractional amounts of the total indebtedness hereby authorized to be incurred from time to time and at one or more sessions of the Legislature. New. Added Dec. 3, 1963. *** MEND *** *** MSTART 148 037.0 010.0 0 OK 1907 1965 *** Article 10, section 37 37. The Legislature of the State of Oklahoma is hereby authorized to enact necessary legislation whereby the State may become indebted in an amount not to exceed Fifty-Four Million Seven Hundred Fifty Thousand Dollars ($54,750,000.0) for the purpose of constructing new buildings and other capital improvements for remodeling, modernizing and repairing any and all existing buildings and capital improvements and purchase of lane, equipment and furnishings necessary for such new construction or remodeling for the following departments of state government in the amounts and for the purposes indicated at as follows: Oklahoma State Regents for Higher Education for Expenditures at all Constituent Institutions__________________________ $38,500,000.0 Department of Mental Health for Expenditures at the following Institutions: Central State Griffin Memorial Hospital, Eastern State Hospital, Western State Hospital and Taft State Hospital _______________ $6,500,000.0 Oklahoma Public Welfare Commission for Expenditures at the following Institutions: Pauls Valley State School, Enid State School and the Hisson Memorial Center __ $ 1,000,000.0 State Department of Health ___________________________________________ $ 2,275,000.0 Oklahoma State Library _____________________________________________ $ 2,150,000.0 State Board of Public Affairs for Expenditures at the following institutions: Oklahoma State Penitentiary __________________________________________ $ 150,000.0 Oklahoma State Reformatory ________________________________________ $150,000.0 Oklahoma School for the Blind _______________________________________ $550,000.0 Oklahoma School for the Deaf ________________________________________ $550,000.0 Oklahoma Educational Television Authority _____________________________ $250,000.0 Oklahoma Historical Society _________________________________________ $125,000.0 State Board of Health for Expenditures at the following Institutions: Western Oklahoma Tuberculosis Sanatorium _____________________________ $150,000.0 Eastern Oklahoma Tuberculosis Sanatorium ______________________________ $150,000.0 Department of Public Health for the Building of Community Social Service Centers $1,500,000.0 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 _______________________________________________________ $750,000.0 and such legislation shall provide for the payment and discharge of the principal of such debt, together with interest on such indebtedness, from one or more of the following sources of state income as follows: 1. Any remainder of revenue available from the revenues lawfully levied and collected by the State of Oklahoma on the sale of cigarettes not already committed to other obligations or the State of Oklahoma; 2. Allocations by the Legislature of the State of Oklahoma from any monies in the general revenue fund of the state not otherwise obligated, committed or appropriated; and 3. The proceeds of any tax which the Legislature may impose and collect for the purpose of paying the principal and interest on the indebtedness herein authorized to be created, and authority is hereby granted to the Legislature to so impose and collect such tax, if necessary. Such legislation hereby authorized to be enacted by the Legislature of the State of Oklahoma may provide for the issuance of bonds evidencing the indebtedness herein authorized and provide that such bonds may be issued in one or more series, may bear such date or dates, may mature at such time or times, may be in such denomination or denominations, may be in such form, coupon or registered, may carry such registration or conversion provisions, may be executed in such manner, may be payable in such medium or payment at such place or places, may be subject to such terms of redemption, with or without premium, and may bear such rate or rates of interest as the Legislature may deem expedient and may contain any and all provisions which the Legislature may deem necessary or expedient to make such bonds marketable as general obligations of the State of Oklahoma with the full faith and credit of the State pledged thereto. Within the limits of indebtedness herein authorized the Legislature in its discretion may authorize the issuance of such bonds and the incurring of the authorized indebtedness in fractional amounts of the total indebtedness hereby authorized to be incurred from time to time and at one or more sessions of the Legislature. New. Added Dec. 14, 1965. *** MEND *** *** MSTART 149 038.0 010.0 0 OK 1907 1968 *** Article 10, section 38 38. The Legislature of the State of Oklahoma is hereby authorized to enact necessary legislation whereby the State may become indebted in an amount not to exceed Ninety-nine Million, Eight Hundred Eight Thousand Dollars ($99,808,000.0) for the purpose of planning and constructing new buildings or additions to existing state buildings and other capital improvements for remodeling, modernizing and repairing any and all existing buildings and capital improvements and purchase of land, equipment and furnishing necessary for such new construction or remodeling for the following departments and agencies of state government in the amounts and for the purposes set forth as follows: 1. Oklahoma State Regents for Higher Education for expenditure at all constituent institutions _ _ _ _ _ _ _ _ _ _ _ $34,250,000.0 2. Oklahoma State Regents for Higher Education for expenditure at the Medical Center of the University of Oklahoma _ _ _ _ _ _ _ _ _ _ $26,870,000.0 3. Oklahoma State Regents for Higher Education for the planning and construction of a new junior college at Tulsa _ _ _ _ _ _ _ _ _ _ _ $ 4,000,000.0 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 $1,500,000.0, otherwise for new or existing community junior colleges which meet the criteria and conditions established by the Regents for Higher Education, a total of _ _ _ _ _ $ 2,000,000.0 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 per cent (15%) of the amount may be spent on community mental health centers _ _ _ _ _ _ _ _ _ _ $ 8,000,000.0 6. State Department of Health for expenditure for the administrative offices and laboratories _ _ _ _ _ _ _ _ _ _ $ 4,516,000.0 7. State Department of Health for construction, remodeling and equipping Oklahoma General Hospital at Clinton, Oklahoma _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ $ 500,000.0 8. State Department of Highways for the acquisition of land and completion of streets and highway in the State Capitol Complex _ _ _ _ _ _ _ _ _ _ _ _ _ _ _$ 1,875,000.0 9. Oklahoma Historical Society for equipment and remodeling at the Wiley Post Building and for acquisition and improvement of historic sites _ _ _ _ _ _ _ _$ 125,000.0 10. To the State Department of Vocational Education for construction and equipping of area vocational and technical schools and technical institutes and equipment, $5,750,000.0, and for Oklahoma State University School of Technical Training (Oklahoma State Tech) at Okmulgee, $1,500,000.0 _ _ _ _ _ $7,250,000,00 11. State Department of Public Welfare for expenditure at the Pauls Valley State School, Enid State School, Hissom Memorial Center, School for the Blind, School for the Deaf, Whitaker State Children's Home, Taft State Children's Home, Helena State School for Boys, Boley State School for Boys Taft State School for Girls and Tecumseh Girls' Town _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ $ 4,375,000.0 12. State Department of Public Welfare for construction of a Juvenile Diagnostic Evaluation and Receiving Center _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ $ 1,000,000.0 13. State Department of Public Safety for construction of a plans and training building and for district headquarters _ _ _ _ _ $ 497,000.0 14. State Military Department for the construction of headquarters, warehouse and armory buildings _ _ _ _ _ _ _ _ _ _ _ _ _ _ $ 1,500,000.0 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 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ $ 200,000.0 16. State Department of Corrections for construction and equipping of a reception and diagnostic center and other capital improvements at McAlester, Oklahoma, $1,000,0000.0 and for constructing, renovating and equipping academic and vocational school facilities and other capital projects at Granite Reformatory, $750,000.0_ _ _ _ _ _ _ _ _ _ $ 1,750,000.0 17. State Department of Health for construction, remodeling and equipping Eastern Oklahoma Tuberculosis Sanatorium at Talihina, Oklahoma, $250,000.0, and to the Western Oklahoma Tuberculosis Sanatorium at Clinton, Oklahoma, $250,000.0, and for constructing community social service centers at Ada, Shawnee, Lawton, and other communities approved by the State Department of Health, $500,000.0, (to be used with the $1,500,000.0 heretofore authorized in Section 37 of Article X of this Constitution) _ _ _ _ _ _ _ _ _$ 1,000,000.0 18. Cerebral Palsy Institute _ _ _ _ _ _ _ _ _ _ $ 100,000.0 and such legislation shall provide for the payment and discharge of the principal of such debt, together with interest on such indebtedness, from one or more of the following sources of state income as follows: 1. Any remainder of revenue available from the revenues lawfully levied and collected by the State of Oklahoma on the sale of cigarettes not already committed to other obligations of the State of Oklahoma; 2. Allocations by the Legislature of the State of Oklahoma from any monies in the General Revenue Fund of the State not otherwise obligated, committed or appropriated; and 3. The proceeds of any tax which the Legislature may impose and collect for the purpose of paying the principal and interest on the indebtedness herein authorized to be created, and authority is hereby granted to the Legislature to so impose and collect such tax, if necessary. Such legislation hereby authorized to be enacted by the legislature of the State of Oklahoma may provide for the issuance of bonds evidencing the indebtedness herein authorized and provide that such bonds may be issued in one or more series, may bear such date or dates, may mature at such time or times, may be in such denomination or denominations, may be in such form, coupon or registered, may carry such registration or conversion provisions, may be executed in such manner, may be payable in such medium of payment at such place or places, may be subject to such terms of redemption, with or without premium, and may bear such rate or rates of interest as the Legislature may deem expedient and may contain any and all provisions which the Legislature may deem necessary or expedient to make such bonds marketable as general obligations of the State of Oklahoma with the full faith and credit of the State pledged thereto. As used herein word sin the singular words in the singular shall be construed to include the plural, and words in the plural shall be construed to include the singular; the designation of place or location shall be considered directive and not exclusive. Within the limits of indebtedness herein authorized the Legislature in its discretion may authorize the issuance of such bonds and the incurring of the authorized indebtedness in fractional amounts of the total indebtedness hereby authorized to be incurred from time to time and at one or more Sessions of the Legislature. New. Added Dec. 10, 1968. *** MEND *** *** MSTART 150 006.0 011.0 0 OK 1907 1971 *** Article 11, section 6 6. The permanent common school and other educational funds shall be invested in first mortgages upon good and improved farm lands within the state (and in no case shall more than fifty per centum (50%) of the reasonable valuation of the lands without improvements be loaned on any tract), Oklahoma State bonds, county bonds of the counties of Oklahoma, school district bonds of the school districts of Oklahoma, promissory notes evidencing federal and state insured loans made to students under any federal or State of Oklahoma insured student loan program, and United States bonds, preference to be given to the securities in the order named. The said funds may also be invested in deposits in banks or trust companies in Oklahoma to the extent such deposit is insured by the Federal Deposit Insurance Corporation. The Legislature shall provide the manner of selecting the securities aforesaid, prescribe the rules, regulations, restrictions, and conditions upon which the funds aforesaid shall be loaned or invested, and do all things necessary for the safety of the funds and permanency of the investment. Said funds may also be invested in loans secured by first mortgages bearing interest at the rate, to be same for all loans made during same period, of not less than three per centum (3%) per annum, given by any honorably discharged member of the armed forces of the United States, or of an ally thereof, who served in World War I, World War II, Korean War or the View Nam Conflict, or any future war or conflict in which the United States may become engaged, and a resident of the State of Oklahoma for not less than five (5) years, on improved or unimproved farm lands within this state. In no case shall more than ninety-three and one-half per centum (93« %) of the reasonable value of the land and improvements be loaned on any tract. Any such member, before acquiring title to such a tract of land, may apply for a loan of money to be secured by such a mortgage, said loan to be advanced and mortgage executed when and as he secures title to said tract. Said loan and mortgage securing the same shall be negotiated and executed, until otherwise provided by law, under rules and regulations prescribed by the Commissions of the Land Office; provided, however, that the loan may not be transferred or assigned within five (5) years. Amended Dec. 7, 1971. *** MEND *** *** MSTART 151 001.0 012.A 0 OK 1907 1935 *** Article 12A, section 1 1. All homesteads as is or may be defined under the Laws of the State of Oklahoma for tax exemption purposes, may hereafter be exempted from all forms of ad valorem taxation by the Legislature; provided, that all assessments, levies, encumbrances and other contract obligations incurred or made prior to the taking effect of such act of the Legislature shall in no way be affected or impaired by the exercise of Legislative power as authorized by this amendment. New. Added Sept. 24, 1935. *** MEND *** *** MSTART 152 002.0 012.A 0 OK 1907 1935 *** Article 12A, section 2 2. Any act of the Legislature, which is authorized by this amendment and which provides that homesteads shall be exempted from ad valorem taxation, shall be in full force and effect for a period of not less than twenty years from the date of the taking effect of such act and for such time thereafter as the same shall remain without repeal or amendment by the legislature, provided, that the homestead as defined in any such act of exemption may be increased at any time but not diminished. New. Added Sept. 24, 1935. *** MEND *** *** MSTART 153 001.A 013.0 0 OK 1907 1946 *** Article 13, section 1A 1A. The Legislature shall, by appropriate legislation, raise and appropriate funds for the annual support of the common schools of the State to the extent of forty-two ($42.0) dollars per capita based on total state-wide enrollment for the preceding school year. Such moneys shall be allocated to the various school districts in the manner and by a distributing agency to be designated by the Legislature; provided that nothing herein shall be construed as limiting any particular school district to the per capita amount specified herein, but the amount of state funds to which any school district may be entitled shall be determined by the distributing agency upon terms and conditions specified by the Legislature, and provided further that such funds shall be in addition to apportionments from the permanent school fund created by Article XI, Section 2, hereof. New. Added Nov. 5, 1946. *** MEND *** *** MSTART 154 002.0 013.0 0 OK 1907 1976 *** Article 13, section 2 2. The Legislature shall provide for the establishment and support of institutions for the care and education of persons within the state who are deaf, deaf and mute or blind. Amended Nov. 2, 1976. *** MEND *** *** MSTART 155 006.0 013.0 0 OK 1907 1946 *** Article 13, section 6 6. The Legislature shall provide for a system of textbooks for the common schools of the State, and the State through appropriate legislation shall furnish such textbooks free of cost for use by all pupils therein. The Legislature shall authorize the Governor to appoint a committee composed of active educators of the State, whose duty it shall be to prepare official multiple textbook lists from which textbooks for use in such schools shall be selected by committee composed of active educators in the local school districts in a manner to be designated by the Legislature. Amended Nov. 5, 1946. *** MEND *** *** MSTART 156 008.0 013.0 0 OK 1907 1944 *** Article 13, section 8 8. The government of the University of Oklahoma shall be vested in a Board of Regents consisting of seven members to be appointed by the Governor by and with the advice and consent of the Senate. The term of said members shall be for seven years, except and provided that the appointed members of the Board of Regents in office at the time of the adoption of this amendment as now provided by law shall continue in office during the term for which they were appointed, and thereafter as provided herein. Appointments for filling vacancies occurring on said Board shall be made by the Governor with advice and consent of the Senate and said appointments to fill vacancies shall be for the residue of the term only. Members of the Board of Regents of the University of Oklahoma shall be subject to removal from office only as provided by law for the removal of elective officers not liable to impeachment. New. Added July 11, 1944. *** MEND *** *** MSTART 157 001.0 013.A 0 OK 1907 1941 *** Article 13A, section 1 1. All institutions of higher education supported wholly or in part by direct legislative appropriations shall be integral parts of a unified system to be known as "The Oklahoma State System of Higher Education." Added March 11, 1941. *** MEND *** *** MSTART 158 002.0 013.A 0 OK 1907 1941 *** Article 13A, section 2 2. There is hereby established the Oklahoma State Regents for Higher Education, consisting of nine (9) members, whose qualifications may be prescribed by law. The Board shall consist of nine (9) members appointed by the Governor, confirmed by the Senate, and who shall be removable only for cause, as provided by law for the removal of officers not subject to impeachment. Upon the taking effect of this Article, the Governor shall appoint the said Regents for terms of office as follows: one for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years, one for a term of five years, one for a term of six years, one for a term of seven years, one for a term of eight years, and one for a term of nine years. Any appointment to fill a vacancy shall be for the balance of the term only. Except as above designated, the term of office of said Regents shall be nine years or until their successors are appointed and qualified. The Regents shall constitute a co-ordinating board of control for all State institutions described in Section 1 hereof, with the following specific powers: (1) it shall prescribe standards of higher education applicable to each institution; (2) it shall determine the functions and courses of study in each of the institutions to conform to the standards prescribed; (3) it shall grant degrees and other forms of academic recognition for completion 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. New. Added 11, 1941. *** MEND *** *** MSTART 159 003.0 013.A 0 OK 1907 1941 *** Article 13A, section 3 3. The appropriations made by the legislature for all such institutions shall be made in consolidated form without reference to any particular institution and the Board of Regents herein created shall allocate to each institution according to its needs and functions. New. Added March 11, 1941. *** MEND *** *** MSTART 160 004.0 013.A 0 OK 1907 1941 *** Article 13A, section 4 4. Private, denominational, and other institutions of higher learning may become co-ordinated with the State System of Higher Education under regulations set forth by the Oklahoma State Regents for Higher Education. Added March 11, 1941. *** MEND *** *** MSTART 161 001.0 013.B 0 OK 1907 1948 *** Article 13B, section 1 1. There is hereby created a Board to be known as the Board of Regents of Oklahoma Colleges, and shall consist of nine (9) members to be appointed by the Governor, by and with the consent of the Senate. The Governor shall appoint one (1) members to serve for one (1) year, one (1) member to serve for two (2) years, one (1) member to serve for three (3) years, one (1) member to serve for four (4) years, one (1) member to serve for five (5) years, one (1) member to serve for six (6) years, one (1) member to serve for seven (7) years, one (1) member to serve for eight (8) years, and one (1) member to serve for nine (9) years. Provided that one (1) member shall come from each Congressional District and the ninth (9th) member shall be the State Superintendent of Public Instruction. Their successors shall be appointed for a term of nine (9) years, and such appointments shall be made within ninety (90) days after the term expires. Vacancies shall be filled by the Governor within ninety (90) days after the vacancy occurs. Each member of the Board, except the State Superintendent shall receive as compensation the sum of Ten ($10.0) Dollars per day, not to exceed sixty (60) days in any fiscal year while he is actually engaged in the performance of duties, and he shall also be allowed the necessary travel expenses as approved by the Board and paid in the manner provided by law. The Board shall elect a president and vice- president who shall perform such duties as the Board directs. No executive board meetings shall be held at any time unless such executive session is ordered by a unanimous vote of the Board. The personnel of the Board of Regents of the Oklahoma Colleges shall not include more than two (2) members from any one profession, vocation, or occupation. No member of the Board shall be eligible to be an officer, supervisor, president, instructor, or employee of any of the colleges set forth herein within two (2) years from the date of expiration of his term. Any member who fails to attend a board meeting more than two (2) consecutive meetings without the consent of a majority of the Board, his office shall be declared vacant by the Governor and his successor shall be appointed as provided herein. New. Added July 6, 1948. *** MEND *** *** MSTART 162 002.0 013.B 0 OK 1907 1948 *** Article 13B, section 2 2. The said Board of Regents of Oklahoma Colleges shall hereafter have the supervision, management and control of the following State Colleges: Central State College at Edmond; East Central State College at Ada; Southwestern Institute of Technology at Weatherford; Southeastern State College at Durant; Northwestern State College at Alva, and the Northeastern State College at Tahlequah, and the power to make rules and regulations governing each of said institutions shall hereafter be exercised by and is hereby vested in the Board of Regents of Oklahoma Colleges created by this Act, and said Board shall appoint or hire all necessary officers, supervisors, instructors, and employees for which institutions. New. Added July 6, 1948. *** MEND *** *** MSTART 163 003.0 013.B 0 OK 1907 1948 *** Article 13B, section 3 3. The Board of Regents of Oklahoma Colleges shall succeed the present governing board in the management and control of any of the institutions named in the preceding section, and such governing board shall not hereafter have the management or control of any of said institutions. All records, books, papers and information pertaining to the institutions herein designated shall be transferred to the Board of Regents of Oklahoma Colleges. New. Added July 6, 1948. *** MEND *** *** MSTART 164 004.0 013.B 0 OK 1907 1948 *** Article 13B, section 4 4. The Oklahoma State Regents for Higher Education are hereby authorized to allocate from the funds allocated for the support of its educational institutions named in this Act, funds sufficient for the payment of the per diem and expenses of the members of the Board of Regents of Oklahoma Colleges, the salaries and expenses of the clerical help of said Board; office expense, and other expenses necessary for the proper performance of the duties of said Board. New. Added July 6, 1948. *** MEND *** *** MSTART 165 002.0 014.0 0 OK 1907 1968 *** Article 14, section 2 2. The Legislature shall have authority to classify loans and lenders, license and regulate lenders, define interest and fix maximum rates of interest; provided, however, in the absence of legislation fixing maximum rates of interest, all contracts for a greater rate of interest than ten (10%) per annum shall be deemed usurious; provided, further, that in contracts where no rate of interest is agreed upon, the rate shall not exceed six percent (6%) per annum. Amended Sept. 17, 1968. *** MEND *** *** MSTART 166 001.0 015.0 0 OK 1907 1969 *** Article 15, section 1 1. All public officers, before entering upon the duties of their officer, shall take and subscribe to the following oath or affirmation: "I, . . . . . . . . . ., do solemnly swear (or affirm) that I will support, obey, and defend the Constitution of the United States, and the Constitution of the State of Oklahoma, and that I will not, knowingly, receive, directly or indirectly or indirectly, any money or other valuable thing, for the performance or nonperformance of any act or duty pertaining to my office, other than the compensation allowed by law; I further swear (or affirm) that I will faithfully discharge my duties as . . . . . . . . . . . . to the best of my ability." The Legislature may prescribe further oaths or affirmations. Amended Sept. 9, 1969. *** MEND *** *** MSTART 167 002.0 022.0 0 OK 1907 1954 *** Article 22, section 2 2. No corporation shall be created or licensed in this State for the purpose of buying, acquiring, trading, or dealing in real estate other than real estate located in incorporated cities and towns and as additions thereto; nor shall any corporation doing business in this State buy, acquire, trade, or deal in real estate for any purpose except such as may be located in such towns and cities and as additions to such towns and cities, and further except such as shall be necessary and proper for carrying on the business for which it was chartered or licenses; and provided further that under limitations prescribed by the legislature, any corporation may acquire real estate for lease or sale to any other corporation, if such latter corporation could have legally acquired the same in the first instance; nor shall any corporation be created or licensed to do business in this State for the purpose of acting as agent in buying and selling or leasing land for agricultural purposes; provided, however, that corporations shall not be precluded from taking mortgages on real estate to secure loans or debts, or from acquiring title thereto upon foreclosure of such mortgages or in the collection of debts, conditioned that such corporation or corporations shall not hold such real estate for a longer period than seven (7) years after acquiring such title; and provided, further, that this Section shall not apply to trust companies taking only the naked title to real estate in this State as a trustee, to be held solely as security for indebtedness pursuant to such trust; and provided, further, that no public service corporation shall hold any land, or the title thereof, in any way whatever in this State, except as the same shall be necessary for the transaction and operation of its business as such public service corporation. Amended July 6, l954. *** MEND *** *** MSTART 168 007.0 023.0 0 OK 1907 1950 *** Article 23, section 7 7. The right of action to recover damages for injuries resulting in death shall never be abrogated, and the amount recoverable shall not be subject to any statutory limitation, provided however, that the Legislature may provide an amount of compensation under the Workmen's Compensation Law for death resulting from injuries suffered in employment covered by such law, in which case the compensation so provided shall be exclusive. Amended July 4, 1950. *** MEND *** *** MSTART 169 011.0 023.0 0 OK 1907 1978 *** Article 23, section 11 repealed November 7, 1978. *** MEND *** *** MSTART 170 001.0 024.0 0 OK 1907 1974 *** Article 24, section 1 1. Any amendment or amendments to this Constitution may be proposed in either branch of the Legislature, and if the same shall be agreed to by a majority of all the members elected to each of the two (2) houses, such proposed amendment or amendments shall, with the years and nays thereon, be entered in their journals and referred by the Secretary of State to the people for their approval or rejection, at the next regular general election, except when the Legislature, by a two- thirds ( ) vote of each house, shall order a special election for that purpose. If a majority of all the electors voting on any proposed amendment at such election shall vote in favor thereof, it shall thereby become a part of this Constitution. No proposal for the amendment or alteration of this Constitution which is submitted to the voters shall embrace more than one general subject and the voters shall vote separately for or against each proposal submitted; provided, however, that in the submission of proposals for the amendment of this Constitution by articles, which embrace one general subject, each proposed article shall deemed a single proposal or proposition. Amended Aug. 27, 1974. *** MEND *** *** MSTART 171 001.0 025.0 0 OK 1907 1941 *** Article 25, section 1 1. In order to promote the general welfare of the people of the State of Oklahoma and for their protection, security, and benefit, the Legislature and the people by initiative petition are hereby authorized to provide by appropriate legislation for the relief and care of needy, aged persons who are unable to provide for themselves, and other needy persons who, on account of immature age, physical infirmity, disability, or other cause, are unable to provide or care for themselves; Provided, the Legislature or the people by initiative petition, are further authorized, in co- operation with and under any plan authorized by the Federal Government for State participation, to provide by appropriate legislation for the relief and care of aged or needy persons. The levy of taxes, other than ad valorem taxes, necessary to carry into effect legislation enacted pursuant thereto, is hereby authorized. Amended March 11, 1941. *** MEND *** *** MSTART 172 002.0 025.0 0 OK 1907 1936 *** 25. For the purpose of effectively administering and carrying into execution all laws enacted pursuant to the authority granted in Section One hereof, there is hereby created a Department of Public Welfare. Said Department of Public Welfare is hereby charged with the duty and responsibility of faithfully administering and carrying into execution all laws enacted pursuant to the authority granted in Section One hereof and shall perform such other duties as may, from time to time, be prescribed by law. Added July 7, 1936. *** MEND *** *** MSTART 173 003.0 025.0 0 OK 1907 1936 *** Article 25, section 3 3. The Department of Public Welfare shall be under the control of a commission to be known as the Oklahoma Public Welfare Commission, composed of nine members appointed by the Governor and selected on the basis of recognized interest in and knowledge of the problems of public welfare. Each member of the Commission shall be at least thirty years of age, shall be a citizen of the United States, and shall have been a qualified elector of Oklahoma at least five years next preceding his or her appointment. Members of the Commission or any person employed by and working under direction of said Commission may be of either sex. Immediately upon the taking effect of this Article, the Governor shall appoint the members of said commission for terms of office as follows: One member for a term of one year, one member for a term of two years, one member for a term of three years, one member for a term of four years, one member for a term of five years, one member for a term of six years, one member for a term of seven years, one member for a term of eight years and one member for a term of nine years. Except as above designated, the term of office of the members of said Commission shall be nine years or until their successors are appointed and qualified. The Governor shall designate one member of the Commission as chairman. Members of the Commission shall receive no compensation for their services but shall be allowed necessary traveling and other expenses actually incurred while in the performance of their official duties. The Governor shall have the power to fill vacancies on the Commission for the remainder of the unexpired term. No member of said Commission shall be subject to removal by the Governor, but any such member shall be removable only in the manner and for the causes now provided in Article 2, Chapter 20, Oklahoma Statutes 1931, for the removal of officers not subject to impeachment. The venue of actions for removal shall be in Oklahoma County. New. Added July 7, 1936. *** MEND *** *** MSTART 174 004.0 025.0 0 OK 1907 1936 *** Article 25, section 4 4. It shall be the duty of the Commission to select a Director of Public Welfare, who shall not be a member of the Commission, and who shall serve as the executive and administrative officer of the Department of Public Welfare. The Director shall be appointed wholly on the basis of ability, training and experience qualifying him or her for public welfare administration. The Director shall serve at the pleasure of the Commission. The salary of the Director shall be fixed by the Commission. The Commission shall formulate the policies, and adopt rules and regulations for the effective administration of the duties of the Department. All executive and administrative duties and responsibilities of the Department shall be discharged by the Director, subject to the approval of the Commission. Subject to the control of the Commission, the Director shall have the power and it shall be his duty to employ personnel of the Department, prescribe minimum standards of qualifications for such personnel and conduct examinations before employment, formulate salary schedules for classified service based upon training, experience and general ability of persons selected for positions in the Department of any institutions or activities under the supervision of the Department. New. Added July 7, 1936. *** MEND *** *** MSTART 175 005.0 025.0 0 OK 1907 1936 *** Article 25, section 5 5. Any legislation under the authority herein granted, adopted contemporaneously with the adoption of this amendment, shall have the same force and effect as if same had been initiated and adopted subsequent to the adoption of this amendment. New. Added July 7, 1936. *** MEND *** *** MSTART 176 001.0 026.0 0 OK 1907 1956 *** Article 26, section 1 1. There is hereby created a Department of Wildlife Conservation of the State of Oklahoma and an Oklahoma Wildlife Conservation Commission. The Department of Wildlife Conservation shall be governed by the Wildlife Conservation Director, herein after created, under such rules, regulations and policies as may be prescribed from time to time by the Oklahoma Wildlife Conservation Commission. Such rules and regulations and amendments thereof shall be filed and recorded in the office of the Secretary of State, and shall become effective on the tenth (10th) day following such filing. 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,  104. The term of office of each such member shall be eight (8) years, except that the first appointment 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 (3) 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 ($10,000.0) payable to the State of Oklahoma, and conditioned upon the faithful performance of duty, and the premium thereon shall be payable by the State. New. Added July 3, 1956. *** MEND *** *** MSTART 177 002.0 0026.0 0 OK 1907 1956 *** Article 26, section 2 2. Nothing in this Act shall repeal any existing laws now on the Statute, pertaining to game and fish. The Commission may acquire by purchase, gift, grants-in-aid from the Federal Government, or otherwise, all property necessary, useful or convenient for its use in carrying out the objects and purposes of this Article. New. Added July 3, 1956. *** MEND *** *** MSTART 178 003.0 026.0 0 OK 1907 1956 *** Article 26, section 3 3. A Director of Wildlife Conservation shall be appointed by a majority vote of the entire Commission, who shall be removed only for cause and after public hearing by the Commission. His duties and compensation for his services shall be fixed by a majority vote of the entire Commission. 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. New. Added July 3, 1956. *** MEND *** *** MSTART 179 004.0 026.0 0 OK 1907 1956 *** Article 26, section 4 4. The fees, monies, or funds arising from the operation and transactions of said Commission and from the application and the administration of the laws and regulations pertaining to the bird, fish, game and wildlife resources of the State and from the sale of property used for said purposes shall be expended and used by said Commission for the control, management, restoration, conservation and regulation of the bird, fish, game and wildlife resources of the State, including the purchase or other acquisition of property for said purposes, and for the administration of the laws pertaining thereto and for no other purpose. Added July 3, 1956. *** MEND *** *** MSTART 180 001.0 027.0 0 OK 1907 1959 *** Article 27, section 1 1. There is hereby created the Oklahoma Alcoholic Beverage Control Board, the members of which shall be appointed by the Governor, with the advice and consent of the State Senate. The Board shall appoint a Director, with the advice and consent of the State Senate, whose duties shall be defined by the Legislature. The Board shall have such power and authority to enforce said rules and regulations as may be prescribed by the Legislature. The Board shall consist of vie (5) members, and no two (2) members shall be appointed from any one Congressional District and no more than four (4) members of the Board shall belong to the same political party. The members of the Board shall be appointed within sixty (60) days after the passage of this Amendment, to serve the following terms from the date of appointment: One member for two (2) years; One member for three (3) years; One member for six (6) years; One member for seven (7) years; or until their successors are duly appointed and qualified; and, as the term of each member expires, a successor member shall be thereupon appointed by the Governor for a term of seven (7) years, with the advice and consent of the State Senate. The members of the Board shall be removable from office for cause as other officers not subject to impeachment. New. Added April 7, 1959. *** MEND *** *** MSTART 181 002.0 027.0 0 OK 1907 1959 *** Article 27, section 2 2. 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 per cent (3.2%) of alcohol by weight. New. Added April 7, 1959. *** MEND *** *** MSTART 182 003.0 027.0 0 OK 1907 1959 *** Article 27, section 3 3. The Legislature shall enact laws providing for the strict regulation, control, licensing and taxation of the manufacture, sale, distribution, possession, and transportation of alcoholic beverage, consistent with the provisions of this Amendment. Provided, that any manufacturer, or subsidiary of any manufacturer who markets his product solely through a subsidiary or subsidiaries, a distiller, rectifier, bottler, winemaker, brewer, or importer of alcoholic beverage, bottled or made in a foreign country, either within or without this state, shall be required to sell such brands or kinds of alcoholic beverages to every licensed wholesale distributor who desires to purchase the same, on the same price basis and without discrimination, and shall further be required to sell such beverages only to those distributors licensed as wholesale distributors, and all laws passed by the Legislature under the authority of the Article shall be consistent with this provision. New. Added April 7, 1959. *** MEND *** *** MSTART 183 004.0 027.0 0 OK 1907 1959 *** Article 27, section 4 4. The open saloon, for the sale of alcoholic beverage as commonly known prior to the adoption of the Eighteenth Article of Amendment to the Constitution of the United States of America, is hereby prohibited. The words "open saloon" shall mean: Any place, public or private, wherein alcoholic beverage is sold or offered for sale, by the drink; or, sold, offered for sale, or kept for sale, for consumption on the premises. Retail sales of alcoholic beverage shall be limited to the original sealed package, by privately owned and operated package stores, in cities and towns having a population in excess to two hundred. No goods, wares or merchandise shall be sold and no services shall be rendered on the same premises on which alcoholic beverages are sold. Premises are herein defined to be the entire space in which 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. Not more than one retail license shall be issued to any person or general or limited partnership. New. Added April 7, 1959. *** MEND *** *** MSTART 184 005.0 027.0 0 OK 1907 1959 *** Article 27, section 5 5. It shall be unlawful for any licensee to sell or furnish any alcoholic beverage to: A person under twenty-one (21) years of age; or A person who has been adjudged insane or mentally deficient; or A person who is intoxicated. Sales, gifts or deliveries to persons under twenty-one (21) years of age shall be deemed a felony; and any license issued pursuant to any law, in compliance with this Amendment, shall be revoked, upon conviction for such sale, gift or delivery. It shall be unlawful for any person, firm or corporation to advertise the sale of alcoholic beverage within the State of Oklahoma, except one sign at the retail outlet 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. New. Added April 7, 1959. *** MEND *** *** MSTART 185 006.0 027.0 0 OK 1907 1959 *** Article 27, section 6 6. It shall be unlawful for any person to sell, at retail, any alcoholic beverage: On the first day of the week, commonly called Sunday; On the day of any National, State, County or City Election, including Primary elections, during the hours the polls are open; and On Decoration or Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Any licensee or person violating the provisions of this Section shall be deemed guilty of a misdemeanor and any license issued pursuant to the provisions of this act shall be revoked upon conviction for such sale in violation of this section. New. Added April 7, 1959. *** MEND *** *** MSTART 186 007.0 027.0 0 OK 1907 1959 *** Article 27, section 7 7. The retail sale of intoxicating liquors 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 sale of intoxicating liquors, the proceeds of which, except sales tax, shall be distributed as follows: (a) The Oklahoma Tax Commission shall collect and distribute the taxes collected under the terms of this Article and shall distribute ninety-seven percent (97%) of such taxes as are levied as follows: (1) One-third ( ) shall be allocated to the counties of the State of Oklahoma on the basis of area and population (giving equal weight to area and population) wherein the sale of intoxicating liquors is lawful and all of said funds shall be appropriated by the Board of County Commissioners in each county to all incorporated cities and towns in said county on the basis of population within each city and town on a per capita basis based on the last preceding Federal Decennial Census. (2) Two-thirds ( ) shall be credited to the General Revenue Fund of the State of Oklahoma. (b) The remaining three percent (3%) of such taxes collected under the provisions of this Act shall be paid to the State Treasurer and placed to the credit of the Oklahoma Tax Commission Fund, to be paid out of said fund pursuant to appropriations made by the State Legislature. (c) All State license fees shall be collected by the Oklahoma Alcoholic Beverage Control Board and deposited in the State Treasury and after the expenses of the Board, as approved by the Legislature, have been deducted, the balance shall be credited to the General Fund. New. Added April 7, 1959. *** MEND *** *** MSTART 187 008.0 027.0 0 OK 1907 1959 *** Article 27, section 8 27. The State of Oklahoma, or any political subdivision thereof, or any board, commission, agent, or employee 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. Provided, that nothing herein shall prohibit the sale of alcoholic beverage legally confiscated as provided by law. New. Added April 7, 1959. *** MEND *** *** MSTART 188 009.0 027.0 0 OK 1907 1959 *** Article 27, section 9 27. Incorporated cities and towns, situated in counties wherein the sale of alcoholic beverage is lawful, may levy an occupation tax, not exceeding the amount of the State license fees, for the manufacture, distribution, or sale of alcoholic beverage. New. Added April 7, 1959. *** MEND *** *** MSTART 189 010.0 027.0 0 OK 1907 1959 *** Article 27, section 10 10. No retail or wholesale distributor's license shall be issued to: (a) A corporation, business trust or secret partnership. (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 or who has held a Federal Liquor Stamp while a resident of the State of Oklahoma prior to the adoption of this act, except those persons who have held said stamp on a military reservation or installation. New. Added April 7, 1959. *** MEND *** *** MSTART 190 011.0 027.0 0 OK 1907 1959 *** Article 27, section 11 11. The Prohibition Ordinance and Section 7, Article 1 of the Constitution of the State of Oklahoma are hereby repealed. New. Added April 7, 1959. *** MEND *** *** MSTART 191 001.0 007.0 0 OK 1907 1959 *** Article 7, section 1 repealed by constitutional amendment, article 27, section 11. See amendment number 190. *** MEND *** *** CEND ***