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§5.  Governor; Powers and Duties

Section 5.(A)  Executive Authority.  The governor shall be the chief executive officer of the state.  He shall faithfully support the constitution and laws of the state and of the United States and shall see that the laws are faithfully executed.

(B)  Legislative Reports and Recommendations.  The governor shall, at the beginning of each regular session, and may, at other times, make reports and recommendations and give information to the legislature concerning the affairs of state, including its complete financial condition.

(C)  Departmental Reports and Information.  When requested by the governor, a department head shall provide him with reports and information, in writing or otherwise, on any subject relating to the department, except matters concerning investigations of the governor's office.

(D)  Operating and Capital Budget.  The governor shall submit to the legislature an operating budget and a capital budget, as provided by Article VII, Section 11 of this constitution.

(E)  Pardon, Commutation, Reprieve, and Remission; Board of Pardons.

(1)  The governor may grant reprieves to persons convicted of offenses against the state and, upon favorable recommendation of the Board of Pardons, may commute sentences, pardon those convicted of offenses against the state, and remit fines and forfeitures imposed for such offenses.  However, a first offender convicted of a non-violent crime, or convicted of aggravated battery, second degree battery, aggravated assault, mingling harmful substances, aggravated criminal damage to property, purse snatching, extortion, or illegal use of weapons or dangerous instrumentalities never previously convicted of a felony shall be pardoned automatically upon completion of his sentence, without a recommendation of the Board of Pardons and without action by the governor.

(2)  The Board of Pardons shall consist of five electors appointed by the governor, subject to confirmation by the Senate.  Each member of the board shall serve a term concurrent with that of the governor appointing him.

(F)  Receipt of Bills from the Legislature.  The date and hour when a bill finally passed by the legislature is delivered to the governor shall be endorsed thereon.

(G)  Item Veto.

(1)  Except as otherwise provided by this constitution, the governor may veto any line item in an appropriation bill.  Any item vetoed shall be void unless the veto is overridden as prescribed for the passage of a bill over a veto.

(2)  The governor shall veto line items or use means provided in the bill so that total appropriations for the year shall not exceed anticipated revenues for that year.

(H)  Appointments.

(1)  The governor shall appoint, subject to confirmation by the Senate, the head of each department in the executive branch whose election or appointment is not provided by this constitution and the members of each board and commission in the executive branch whose election or appointment is not provided by this constitution or by law.

(2)Should the legislature be in regular session, the governor shall submit for confirmation by the Senate the name of an appointee within forty-eight hours after the appointment is made.  Failure of the Senate to confirm the appointment, prior to the end of the session, shall constitute rejection.

(3)  If the legislature is not in regular session, the governor may make interim appointments, which shall expire at the end of the next regular session, unless submitted to and confirmed by the Senate during that session.

(4)  A person not confirmed by the Senate shall not be appointed to the same office during any recess of the legislature.

(I)  Removal Power.  The governor may remove from office a person he appoints, except a person appointed for a term fixed by this constitution or by law.

(J)  Commander-in-Chief.  The governor shall be commander-in-chief of the armed forces of the state, except when they are called into service of the federal government.  He may call out these forces to preserve law and order, to suppress insurrection, to repel invasion, or in other times of emergency.

(K)  Other Powers and Duties.  The governor shall have other powers and perform other duties authorized by this constitution or provided by law.

Amended by Acts 1999, No. 1398, §1, approved Oct. 23, 1999, eff. Nov. 25, 1999; Acts 1999, No. 1401, §1, approved Nov. 20, 1999, eff. Dec. 27, 1999.

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