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Publications iconKansas Constitution

Constitution of the State of Kansas

Article 1 - Executive

§ 1. Executive officers; selection; terms. The constitutional officers of the executive department shall be the governor, lieutenant governor, secretary of state, and attorney general, who shall have such qualifications as are provided by law. Such officers shall be chosen by the electors of this state at the time of voting for members of the legislature in the year 1974 and every four years thereafter, and such officers elected in 1974 and thereafter shall have terms of four years which shall begin on the second Monday of January next after their election, and until their successors are elected and qualified. In the year 1974 and thereafter, at all elections of governor and lieutenant governor the candidates for such offices shall be nominated and elected jointly in such manner as is prescribed by law so that a single vote shall be cast for a candidate for governor and a candidate for lieutenant governor running together, and if such candidates are nominated by petition or convention each petition signature and each convention vote shall be made for a candidate for governor and a candidate for lieutenant governor running together. No person may be elected to more than two successive terms as governor nor to more than two successive terms as lieutenant governor.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 49; L. 1972, ch. 390, § 1; November 7, 1972.

§ 2.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 49; eliminated by revision, L. 1972, ch. 390; November 7, 1972.

§ 3. Executive power of governor. The supreme executive power of this state shall be vested in a governor, who shall be responsible for the enforcement of the laws of this state.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 50; L. 1972, ch. 390, § 1; November 7, 1972.

§ 4. Reports to governor. The governor may require information in writing from the officers of the executive department, upon any subject relating to their respective duties. The officers of the executive department, and of all public state institutions, shall, at least ten days preceding each regular session of the legislature, severally report to the governor, who shall transmit such reports to the legislature.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 50; L. 1972, ch. 390, § 1; November 7, 1972.

§ 5. Governor's duties for legislature; messages; special sessions; adjournment. The governor may, on extraordinary occasions, call the legislature into special session by proclamation; and shall call the legislature into special session, upon petition signed by at least two-thirds of the members elected to each house. At every session of the legislature the governor shall communicate in writing information in reference to the condition of the state, and recommend such measures as he deems expedient. In case of disagreement between the two houses in respect of the time of adjournment, the governor may adjourn the legislature to such time as he deems proper, not beyond its next regular session.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 50; L. 1972, ch. 390, § 1; November 7, 1972.

§ 6. Reorganization of state agencies of executive branch. (a) For the purpose of transferring, abolishing, consolidating or coordinating the whole or any part of any state agency, or the functions thereof, within the executive branch of state government, when the governor considers the same necessary for efficient administration, he may issue one or more executive reorganization orders, each bearing an identifying number, and transmit the same to the legislature within the first thirty calendar days of any regular session. Agencies and functions of the legislative and judicial branches, and constitutionally delegated functions of state officers and state boards shall be exempt from executive reorganization orders.

(b) The governor shall transmit each executive reorganization order to both houses of the legislature on the same day, and each such order shall be accompanied by a governor's message which shall specify with respect to each abolition of a function included in the order the statutory authority for the exercise of the function. Every executive reorganization order shall provide for the transfer or other disposition of the records, property and personnel affected by the order. Every executive reorganization order shall provide for all necessary transfers of unexpended balances of appropriations of agencies affected by such order, and such changes in responsibility for and handling of special funds as may be necessary to accomplish the purpose of such order. Transferred balances of appropriations may be used only for the purposes for which the appropriation was originally made.

(c) Each executive reorganization order transmitted to the legislature as provided in this section shall take effect and have the force of general law on the July 1 following its transmittal to the legislature, unless within sixty calendar days and before the adjournment of the legislative session either the senate or the house of representatives adopts by a majority vote of the members elected thereto a resolution disapproving such executive reorganization order. Under the provisions of an executive reorganization order a portion of the order may be effective at a time later than the date on which the order is otherwise effective.

(d) An executive reorganization order which is effective shall be published as and with the acts of the legislature and the statutes of the state. Any executive reorganization order which is or is to become effective may be amended or repealed as statutes of the state are amended or repealed.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 50; original subject matter stricken by revision and new subject substituted, L. 1972, ch. 390, § 1; November 7, 1972.

§ 7. Pardons. The pardoning power shall be vested in the governor, under regulations and restrictions prescribed by law.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 50; L. 1972, ch. 390, § 1; November 7, 1972.

§ 8.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 50; eliminated by revision, L. 1972, ch. 390; November 7, 1972.

§ 9. State seal and commissions. There shall be a seal of the state, which shall be kept by the governor, and used by him officially, and which shall be the great seal of Kansas. All commissions shall be issued in the name of the state of Kansas; and shall be signed by the governor, countersigned by the secretary of state, and sealed with the great seal.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 50; L. 1972, ch. 390, § 1; November 7, 1972.

§ 10.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 50; eliminated by revision, L. 1972, ch. 390; November 7, 1972.

§ 11. Vacancies in executive offices. When the office of governor is vacant, the lieutenant governor shall become governor. In the event of the disability of the governor, the lieutenant governor shall assume the powers and duties of governor until the disability is removed. The legislature shall provide by law for the succession to the office of governor should the offices of governor and lieutenant governor be vacant, and for the assumption of the powers and duties of governor during the disability of the governor, should the office of lieutenant governor be vacant or the lieutenant governor be disabled. When the office of secretary of state or attorney general is vacant, the governor shall fill the vacancy by appointment for the remainder of the term. If the secretary of state or attorney general is disabled, the governor shall name a person to assume the powers and duties of the office until the disability is removed. The procedure for determining disability and the removal thereof shall be provided by law.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 50; L. 1972, ch. 390, § 1; November 7, 1972.

§ 12. Lieutenant governor. The lieutenant governor shall assist the governor and have such other powers and duties as are prescribed by law.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 50; L. 1972, ch. 390, § 1; November 7, 1972.

§ 13.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 51; eliminated by revision, L. 1972, ch. 390; November 7, 1972.

§ 14.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 51; eliminated by revision, L. 1972, ch. 390; November 7, 1972.

§ 15. Compensation of officers. The officers mentioned in this article shall at stated times receive for their services a such compensation as is established by law, which shall not be diminished during their terms of office, unless by general law applicable to all salaried officers of the state. Any person exercising the powers and duties of an office mentioned in this article shall receive the compensation established by law for that office.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 51; L. 1972, ch. 390, § 1; November 7, 1972.

§ 16.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 51; eliminated by revision, L. 1972, ch. 390; November 7, 1972.