Oklahoma Legislature
Encyclopedia
The Legislature of the State of Oklahoma is the biennial meeting of the legislative branch of the government
of Oklahoma
. It is bicameral
, comprising the Oklahoma House of Representatives
and the Oklahoma Senate
, with all members elected directly by the people. The House of Representatives has 101 members, each serving a two-year term. The Senate has 48 members, each serving a four-year term. Members of both houses are elected from single member districts of equal population. Senators serve a staggered term, such that only half of the senate districts have elections in any election year.
The Oklahoma Constitution vests all legislative powers of the state government in the Legislature. The Legislature exercises the legislative power by enacting Oklahoma law
. The Legislature may legislate on any subject and has certain "necessary and proper" powers as may be required for carrying into effect the provisions of the Oklahoma Constitution. The powers of the Legislature are only limited by the powers reserved to the people, namely initiative
and referendum
.
The Senate and House of Representatives are co-equal houses. However, there are some special powers granted to one chamber only. The Senate's advice and consent
is required for gubernatorial
appointments to high-level executive
positions. Bills for raising revenue may only originate in the House of Representatives. All bills approved by the Legislature must be sent to the Governor of Oklahoma
for approval.
The Oklahoma Legislature meets in the Oklahoma Capitol in Oklahoma City
. The upcoming (2011–2012) legislative session will be the 53rd Legislature of the State of Oklahoma
.
Also, Section 17A of the same Article implements a 12-year term limit
, restricting legislators to a total of 12 years in the Oklahoma Legislature. The 12-year term limit is a cumulative' term limit of 'all service in either chamber, consecutive or non-consecutive, with one exception: any years served by a member elected or appointed to serve less than a full legislative term to fill a vacancy in office are not included in the 12-year limitation. However, no member who has completed 12 years in office is thereafter eligible to serve a partial term.
To prevent the Legislature for engaging in activities or having interests which conflict with the proper discharge of their duties and responsibilities, the Constitution requires the Legislature to enact laws barring such behavior.
In the event of a vacancy in the Legislature, the Governor issues writs of election to fill such vacancies.
Until the U.S. Supreme Court's 1964 ruling in the case of Reynolds v. Sims
, each of Oklahoma's 77 counties was guaranteed at least one House seat. Now though, many of the less-populated rural counties form part of multi-county districts. House District 61, for example, includes the entirety of Cimarron
, Texas
, Beaver
and Harper
counties as well as parts of the counties of Ellis
and Woodward
.
The Senate consists of 48 members, representing 48 single-member districts, each with identical populations.
The Oklahoma Senate
with a majority of seats in the House is known as the majority party; the next-largest party is the minority party. The Speaker, committee chairmen, and some other officials are generally from the majority party; they have counterparts (for instance, the "ranking members" of committees) in the minority party.
The Oklahoma Constitution provides that the House may choose its own Speaker
from among its own members. The Constitution does not specify the duties and powers of the Speaker, which are instead regulated by the rules and customs of the House. The Speaker has a role both as a leader of the House and the leader of his party (always the majority party). Under Section 6 of Article VI of the Oklahoma Constitution, the Speaker is third in line behind the Lieutenant Governor and President Pro Tempore of the Senate to succeed the Governor.
The Speaker is the presiding officer of the House. The presiding officer sits in a chair in the front of the House chamber. The powers of the presiding officer are extensive; one important power is that of controlling the order in which members of the House speak. No member may make a speech or a motion unless he has first been recognized by the presiding officer. Moreover, the presiding officer may rule on any "point of order
" (a member's objection that a rule has been breached), but the decision is subject to appeal to the whole House.
The Speaker is the chair of his party's steering committee, which chooses the chairmen of standing committees. The Speaker determines which committees consider bills, appoints most of the members of the Rules Committee, and appoints all members of conference committees. The Speaker is also an Ex Officio voting member on all House Committees. Under the Speaker is a Speaker pro tempore who assumes the duties of the Speaker in their absence. The Speaker and the Speaker Pro Tempore are also Ex Officio voting members on all House Committees.
Each party elects a floor leader, who is known as the Majority Leader
or Minority Leader
. While the Minority Leader is the full leader of his party, the same is not true of the Majority Leader. Instead, the Speaker is the head of the majority party; the Majority Leader is only the second-highest official. Each party also elect whip
s, who works to ensure that his party's members vote as the party leadership desires.
with a majority of seats is known as the majority party; if two or more parties in opposition are tied, the Lieutenant Governor's affiliation determines which is the majority party. The next-largest party is known as the minority party. The President Pro Tem, committee chairmen, and some other officials are generally from the majority party; they have counterparts (for instance, the "ranking members" of committees) in the minority party.
The Oklahoma Constitution provides that the Lieutenant Governor of the State of Oklahoma serves as the President of the Senate
and holds a vote which can only be cast to break a tie. By convention, the Lieutenant Governor presides over very few Senate debates, attending only on important ceremonial occasions (such as the swearing-in of new senators) or at times when his vote may be needed to break a tie. The Constitution also authorizes the Senate to elect a President Pro Tem
(Latin
for "temporary president") to preside in the Lieutenant Governor's absence. Under Section 6 of Article VI of the Oklahoma Constitution, the President Pro Tempore, is second in line behind the Lieutenant Governor to succeed the Governor. The President Pro Tem is the actual leader of the senate and also serves as leader of the majority party. The President Pro Tem is an ex officio and voting member of all committees.
The presiding officer sits in a chair in the front of the Senate chamber. The powers of the presiding officer are extremely limited; he primarily acts as the Senate's mouthpiece, performing duties such as announcing the results of votes. The Senate's presiding officer controls debates by calling on members to speak; the rules of the Senate, however, compel him to recognize the first senator who rises. The presiding officer may rule on any "point of order
" (a senator's objection that a rule has been breached), but the decision is subject to appeal to the whole house. Thus, the powers of the presiding officer of the senate are far less extensive than those of the Speaker.
Each party elects a senator to serve as floor leader, a position which entails acting as the party's chief spokesperson. The Majority Floor Leader is an ex officio and voting member of all Senate committees. Each party also elect whip
s to assist the leader.
The returns of every election for all elective state officers are transmitted to the Secretary of State, directed to the Speaker of the House of Representatives, who shall, immediately after the organization of the House, and before proceeding to other business, open and publish the information in the presence of a majority of each branch of the Legislature, who shall for that purpose assemble in the hall of the House of Representatives. The persons respectively having the highest number of votes for either of the said offices shall be declared duly elected. In the event of a tie, the Legislate has the power to break deadlocks in the all election involving state officials. If two or more candidates have an equal and the highest number of votes, the Legislature, by means of a joint ballot, may elect one of the said persons for said office.
Among of the foremost non-legislative functions of the Legislature is the power to establish a state printing plant, and to provide for the election or appointment of a State Printer, the establishment of a State Geological and Economic Survey, and the creation of a Board of Health, Board of Dentistry, Board of Pharmacy, and Pure Food Commission, and prescribe the duties of each.
The Legislature is required every 10 years, beginning in 1907 (the date of Oklahoma entrance to the Union), to make provision by law for revising, digesting, and announce the laws of Oklahoma. The Legislature shall define what is an unlawful combination, monopoly, trust, act, or agreement, in restraint of trade, and enact laws to punish persons engaged in any unlawful combination, monopoly, trust, act, or agreement, in restraint of trade.
Section 46 through 53 of Article V of the Oklahoma Constitution places certain limits on the authority and powers of the Legislature. For instance, the Legislature may not meddle in the affairs of local government in the realm of day to day business, such as street lay out or school districts. Legislators may not appropriate any of the public money for the establishment and maintenance of a Bureau of Immigration in Oklahoma, nor pass any law exempting any property within Oklahoma from taxation (except where the Constitution grants such an exemption). The Legislature may not pass laws granting to any association, corporation, or individual any exclusive rights, privileges, or immunities.
Under Article 5 Section 26 of the Oklahoma Constitution
legislative sessions begin at noon on the first Monday in February of every odd-numbered year, shall not exceed one hundred and sixty days, and shall be finally adjourned by no later than five o'clock p.m. on the last Friday in May of each year. The first session, under Article 5 Section 25, cannot exceed 160 days. However, in odd numbered years (those following an election), the Legislature must meet on the first Tuesday after the first Monday in January for the sole purpose of determining the outcome of the state-wide elections. This meeting must begin at noon and must be adjourned by five o'clock p.m. on the same day.
At the beginning of each new term, the entire House of Representatives and one-half of the Senate (those who were chosen in the previous election) are sworn in. The House of Representatives also elects a Speaker to preside over debates. The President pro tempore of the Senate, by contrast, holds office continuously; normally, a new President pro tempore is only elected if the previous one retires, or if there is a change in the majority party.
The Oklahoma Constitution forbids either house adjourning for more than three days, without the consent of the other house. The provision was intended to prevent one house from thwarting legislative business simply by refusing to meet. To avoid obtaining consent during long recesses, the House or Senate may sometimes hold pro forma
meetings, sometimes only minutes long, every three days. The Constitution prevents the Legislature from meeting any place outside the Oklahoma Capitol. However, the Governor is empowered to convoke the Legislature at or adjourn it to another place, when, in his opinion, the public safety or welfare, or the safety or health of the members require it. However, such a change or adjournment requires consent by a two-thirds vote of all the members elected to each branch.
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-third 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. However, the Legislature may not prevent the calling of a special session by the Governor.
In cases of a disagreement between the two houses of the Legislature, at a regular or special session, with respect to the time of adjournment, the Governor may, if the facts be certified to him, by the presiding officer of the house first moving the adjournment, adjourn them to such time as he shall deem proper, not beyond the day of the next stated meeting of the Legislature. The consent of both bodies is required for the Legislature's final adjournment, or sine die, at the end of each legislative session. If the two houses cannot agree on a date, the Constitution permits the Governor to settle the dispute.
, a joint resolution
, a concurrent resolution
, or a simple resolution
. Most legislative proposals are introduced as bills, but some are introduced as joint resolutions. Joint resolutions are the normal method used to propose a constitutional amendment. On the other hand, concurrent resolutions (passed by both houses) and simple resolutions (passed by only one house) do not have the force of law
. Instead, they serve to express the opinion of the Legislature, or either house thereof, or to regulate procedure
.
Bills (and other proposals) may be introduced by any member of either house. However (as with the United States House of Representatives
and the majority of state legislatures), Article 5 Section 33A of the Oklahoma Constitution provides that: "All bills for raising Revenue shall originate in the House of Representatives." The Senate, though, retains the power to amend or reject them.
Each bill goes through several stages in each house. The first stage involves consideration by a committee. Most legislation is considered by standing committee
s, each of which has jurisdiction over a particular subject matter, such as Agriculture or Appropriations. The House has twenty-six standing committees; the Senate has seventeen. In some cases, bills may be sent to select committee
s (which tend to have more narrow jurisdictions than standing committees. Each standing and select committee is led by a chairman (who belongs to the majority party) and a ranking member (who belongs to the minority party). Committees are permitted to hold hearings
and collect evidence when considering bills. They may also amend the bill, but the full house holds the power to accept or reject committee amendments. After considering and debating a measure, the committee votes on whether it wishes to report the measure to the full house.
A decision not to report a bill amounts to a rejection of the proposal. Both houses provide for procedures under which the committee can be bypassed or overruled, but they are rarely used. If reported by the committee, the bill reaches the floor of the full house. The house may debate and amend the bill; the precise procedures used by the House of Representatives and the Senate differ. A final vote on the bill follows.
Once a bill is approved by one house, it is sent to the other, which may pass, reject, or amend it. In order for the bill to become law, both houses must agree to identical versions of the bill. If the second house amends the bill, then the differences between the two versions must be reconciled in a conference committee
, an ad hoc committee that includes both senators and representatives. In many cases, conference committees have introduced substantial changes to bills and added un-requested spending, significantly departing from both the House and Senate versions.
After passage by both houses, a bill is submitted to the Governor
who may choose to sign the bill, thereby making it law, or veto
it, returning it to the Legislature with his objections. In such a case, the bill only becomes law if each house of the Legislature votes to override the veto with a two-thirds majority. Finally, the Governor may choose to take no action, neither signing nor vetoing the bill. In such a case, the Constitution states that the bill automatically becomes law after five days (excluding Sundays). However, if the Legislature adjourns (ends a legislative session) during the five day period, then the bill does not become law. Thus, the Governor may veto legislation passed at the end of a legislative session simply by ignoring it; the maneuver is known as a pocket veto
, and cannot be overridden by the adjourned Legislature. No bill may become a law after the final adjournment of the Legislature, unless approved by the Governor within fifteen days after such adjournment.
to do business in each house. The rules of each house provide that a quorum is assumed to be present unless a quorum call demonstrates the contrary. Representatives and senators rarely force the presence of a quorum by demanding quorum calls; thus, in most cases, debates continue even if a majority is not present.
Both houses use voice voting to decide most matters; members shout out "aye" or "no," and the presiding officer announces the result. The Oklahoma Constitution, however, requires a recorded vote
on the demand of one-fifth of the members present. If the result of the voice vote is unclear, or if the matter is controversial, a recorded vote usually ensues. The Senate uses roll call votes; a clerk calls out the names of all the senators, each senator stating "aye" or "no" when his name is announced. The House reserves roll call votes for the most formal matters; normally, members vote by electronic device. In the case of a tie, the motion in question fails. In the Senate, the Lieutenant Governor may (if present) cast the tiebreaking vote.
of being free from arrest
in all cases, except for treason
, felony
, and breach of the peace
. This immunity
applies to members "during their Attendance at the Session of their respective Houses, and in going to and returning from the same." The term "arrest" has been interpreted broadly, and includes any detention or delay in the course of law enforcement, including court summons
and subpoenas. The rules of the House very strictly guard this privilege; a member may not waive the privilege on his own, but must seek the permission of the whole house to do so. Senate rules, on the other hand, are less strict, and permit individual senators to waive the privilege as they see fit.
Aside from benefits directly facilitating their legislative work, members enjoy a number of other perks. As of 2006 rank and file Legislators received a salary of $38,400. The President Pro Tempore of the State Senate and the Speaker of the House of Representatives are paid an additional $17,932 annually. The appropriations committee chairmen, majority floor leaders and the minority floor leaders of each house are paid an additional $12,364 per year.
created the Board on Legislative Compensation. The Board is composed of five members appointed by the Governor of Oklahoma
, two members are appointed by the President pro tempore of the Oklahoma Senate
, and two members are appointed by the Speaker of the Oklahoma House of Representatives
. The members appointed by the Governor must 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 serve on the Board. In addition to the nine voting members, the Chairman of the Tax Commission
and the Director of State Finance
serve as ex officio nonvoting members of the Board. The Chairman of the Board is designated by the Governor. 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.
Members of the Legislature are entitled to receive such compensation as determined by the Board. Every two years, the Board reviews the compensation paid to the members of the Legislature and is empowered to change the compensation. Such a change becomes effective on the fifteenth day following the succeeding general election.
State government
A state government is the government of a subnational entity in a federal form of government, which shares political power with the federal or national government. A state government may have some level of political autonomy, or be subject to the direct control of the federal government...
of Oklahoma
Oklahoma
Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...
. It is bicameral
Bicameralism
In the government, bicameralism is the practice of having two legislative or parliamentary chambers. Thus, a bicameral parliament or bicameral legislature is a legislature which consists of two chambers or houses....
, comprising the Oklahoma House of Representatives
Oklahoma House of Representatives
The Oklahoma House of Representatives is the lower house of the Oklahoma Legislature, the legislative body of the U.S. state of Oklahoma. Its members are responsible for introducing and voting on bills and resolutions, providing legislative oversight for state agencies, and helping to craft the...
and the Oklahoma Senate
Oklahoma Senate
The Oklahoma Senate is the upper house of the two houses of the Legislature of Oklahoma, the other being the Oklahoma House of Representatives. The total number of Senators is set at 48 by the Oklahoma Constitution....
, with all members elected directly by the people. The House of Representatives has 101 members, each serving a two-year term. The Senate has 48 members, each serving a four-year term. Members of both houses are elected from single member districts of equal population. Senators serve a staggered term, such that only half of the senate districts have elections in any election year.
The Oklahoma Constitution vests all legislative powers of the state government in the Legislature. The Legislature exercises the legislative power by enacting Oklahoma law
Oklahoma law
Oklahoma law is the state law of Oklahoma.Oklahoma law is based on the Oklahoma Constitution , which defines how the statutes must be passed into law, and defines the limits of authority and basic law that the Oklahoma Statutes must comply with. Oklahoma Statutes are the codified, statutory laws of...
. The Legislature may legislate on any subject and has certain "necessary and proper" powers as may be required for carrying into effect the provisions of the Oklahoma Constitution. The powers of the Legislature are only limited by the powers reserved to the people, namely initiative
Initiative
In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote...
and referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
.
The Senate and House of Representatives are co-equal houses. However, there are some special powers granted to one chamber only. The Senate's advice and consent
Advice and consent
Advice and consent is an English phrase frequently used in enacting formulae of bills and in other legal or constitutional contexts, describing a situation in which the executive branch of a government enacts something previously approved of by the legislative branch.-General:The expression is...
is required for gubernatorial
Governor of Oklahoma
The governor of the state of Oklahoma is the head of state for the state of Oklahoma, United States. Under the Oklahoma Constitution, the governor is also the head of government, serving as the chief executive of the Oklahoma executive branch, of the government of Oklahoma...
appointments to high-level executive
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
positions. Bills for raising revenue may only originate in the House of Representatives. All bills approved by the Legislature must be sent to the Governor of Oklahoma
Governor of Oklahoma
The governor of the state of Oklahoma is the head of state for the state of Oklahoma, United States. Under the Oklahoma Constitution, the governor is also the head of government, serving as the chief executive of the Oklahoma executive branch, of the government of Oklahoma...
for approval.
The Oklahoma Legislature meets in the Oklahoma Capitol in Oklahoma City
Oklahoma city
Oklahoma City is the capital and largest city of the U.S. state of Oklahoma.Oklahoma City may also refer to:*Oklahoma City metropolitan area*Downtown Oklahoma City*Uptown Oklahoma City*Oklahoma City bombing*Oklahoma City National Memorial...
. The upcoming (2011–2012) legislative session will be the 53rd Legislature of the State of Oklahoma
53rd Oklahoma Legislature
The Fifty-Third Oklahoma Legislature is the current meeting of the legislative branch of the government of Oklahoma, composed of the Senate and the House of Representatives...
.
Requirements to hold office
Section 17 of Article V of the Oklahoma Constitution established the requirements a person must meet in order to become an elector in either House. Members of the Senate must be at least twenty-five years of age, and members of the House of Representatives twenty-one years of age at the time of their election. They must be qualified electors in their respective counties or districts and must reside in their respective counties or districts during their term of office. To file as a candidate for the House of Representatives or the Senate in any representative district, a person must have been a registered voter in such district and a resident residing within such district for at least six months immediately preceding the filing period prescribed by law.Restrictions on office holding
Section 18 of Article V of the Oklahoma Constitution prohibits members of the Legislature from also serving as another officer of the United States or Oklahoma State government. The same Section also provides that no person is eligible to election to the Legislature who has been adjudged guilty of a felony.Also, Section 17A of the same Article implements a 12-year term limit
Term limit
A term limit is a legal restriction that limits the number of terms a person may serve in a particular elected office. When term limits are found in presidential and semi-presidential systems they act as a method to curb the potential for monopoly, where a leader effectively becomes "president for...
, restricting legislators to a total of 12 years in the Oklahoma Legislature. The 12-year term limit is a cumulative' term limit of 'all service in either chamber, consecutive or non-consecutive, with one exception: any years served by a member elected or appointed to serve less than a full legislative term to fill a vacancy in office are not included in the 12-year limitation. However, no member who has completed 12 years in office is thereafter eligible to serve a partial term.
To prevent the Legislature for engaging in activities or having interests which conflict with the proper discharge of their duties and responsibilities, the Constitution requires the Legislature to enact laws barring such behavior.
In the event of a vacancy in the Legislature, the Governor issues writs of election to fill such vacancies.
Membership
The House of Representatives consists of 101 members, representing 101 single-member districts, each with identical populations.Until the U.S. Supreme Court's 1964 ruling in the case of Reynolds v. Sims
Reynolds v. Sims
Reynolds v. Sims, 377 U.S. 533 was a United States Supreme Court case that ruled that state legislature districts had to be roughly equal in population.-Facts:...
, each of Oklahoma's 77 counties was guaranteed at least one House seat. Now though, many of the less-populated rural counties form part of multi-county districts. House District 61, for example, includes the entirety of Cimarron
Cimarron County, Oklahoma
Cimarron County is a county located in the U.S. state of Oklahoma. Throughout most of its history it has had the smallest population and the lowest population density of any county in Oklahoma. As of 2010 census, the population was 2,475...
, Texas
Texas County, Oklahoma
Texas County is a county located in the U.S. state of Oklahoma. Texas County was formed at Oklahoma statehood from the central one-third of "Old Beaver County" also known as "No Man's Land"...
, Beaver
Beaver County, Oklahoma
Beaver County is a county located in the U.S. state of Oklahoma. As of the 2010 census, the population was 5,636. The county seat is Beaver....
and Harper
Harper County, Oklahoma
Harper County is a county located in the U.S. state of Oklahoma. As of 2010, the population was 3,685. The county seat is Buffalo.-Geography:According to the U.S. Census Bureau, the county has a total area of , of which is land and is water....
counties as well as parts of the counties of Ellis
Ellis County, Oklahoma
Ellis County is a county located in the U.S. state of Oklahoma. As of 2000, the population was 4,075. Its county seat is Arnett.-Geography:...
and Woodward
Woodward County, Oklahoma
Woodward County is a county located in the U.S. state of Oklahoma. As of 2000, the population was 18,486. Its county seat is Woodward. Woodward County was originally known as "N" County and was composed of present day Woodward County and portions of Harper, Ellis, and Woods County...
.
The Senate consists of 48 members, representing 48 single-member districts, each with identical populations.
Current composition
The Oklahoma House of Representatives| Affiliation | Members | |
|---|---|---|
| Republican Party Republican Party (United States) The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S... |
69 | |
| Democratic Party Democratic Party (United States) The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous... |
31 | |
| Total | 101 | |
The Oklahoma Senate
| Affiliation | Members | |
|---|---|---|
| Republican Party Republican Party (United States) The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S... |
32 | |
| Democratic Party Democratic Party (United States) The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous... |
16 | |
| Seat Vacant | 0 | |
| Total | 48 | |
House officers
The partyPolitical party
A political party is a political organization that typically seeks to influence government policy, usually by nominating their own candidates and trying to seat them in political office. Parties participate in electoral campaigns, educational outreach or protest actions...
with a majority of seats in the House is known as the majority party; the next-largest party is the minority party. The Speaker, committee chairmen, and some other officials are generally from the majority party; they have counterparts (for instance, the "ranking members" of committees) in the minority party.
The Oklahoma Constitution provides that the House may choose its own Speaker
Speaker of the Oklahoma House of Representatives
The Speaker of the Oklahoma House of Representatives is the presiding officer of the lower house of the Oklahoma Legislature, the Oklahoma House of Representatives. The Speaker exercises administrative and procedural functions in the House, but most importantly remains a representative of his...
from among its own members. The Constitution does not specify the duties and powers of the Speaker, which are instead regulated by the rules and customs of the House. The Speaker has a role both as a leader of the House and the leader of his party (always the majority party). Under Section 6 of Article VI of the Oklahoma Constitution, the Speaker is third in line behind the Lieutenant Governor and President Pro Tempore of the Senate to succeed the Governor.
The Speaker is the presiding officer of the House. The presiding officer sits in a chair in the front of the House chamber. The powers of the presiding officer are extensive; one important power is that of controlling the order in which members of the House speak. No member may make a speech or a motion unless he has first been recognized by the presiding officer. Moreover, the presiding officer may rule on any "point of order
Point of order
A point of order is a matter raised during consideration of a motion concerning the rules of parliamentary procedure.-Explanation and uses:A point of order may be raised if the rules appear to have been broken. This may interrupt a speaker during debate, or anything else if the breach of the rules...
" (a member's objection that a rule has been breached), but the decision is subject to appeal to the whole House.
The Speaker is the chair of his party's steering committee, which chooses the chairmen of standing committees. The Speaker determines which committees consider bills, appoints most of the members of the Rules Committee, and appoints all members of conference committees. The Speaker is also an Ex Officio voting member on all House Committees. Under the Speaker is a Speaker pro tempore who assumes the duties of the Speaker in their absence. The Speaker and the Speaker Pro Tempore are also Ex Officio voting members on all House Committees.
Each party elects a floor leader, who is known as the Majority Leader
Majority leader
In U.S. politics, the majority floor leader is a partisan position in a legislative body.In the federal Congress, the role differs slightly in the two houses. In the House of Representatives, which chooses its own presiding officer, the leader of the majority party is elected the Speaker of the...
or Minority Leader
Minority leader
In U.S. politics, the minority leader is the floor leader of the second largest caucus in a legislative body. Given the two-party nature of the U.S. system, the minority leader is almost inevitably either a Republican or a Democrat, with their counterpart being of the opposite party. The position...
. While the Minority Leader is the full leader of his party, the same is not true of the Majority Leader. Instead, the Speaker is the head of the majority party; the Majority Leader is only the second-highest official. Each party also elect whip
Whip (politics)
A whip is an official in a political party whose primary purpose is to ensure party discipline in a legislature. Whips are a party's "enforcers", who typically offer inducements and threaten punishments for party members to ensure that they vote according to the official party policy...
s, who works to ensure that his party's members vote as the party leadership desires.
Senate officers
The partyPolitical party
A political party is a political organization that typically seeks to influence government policy, usually by nominating their own candidates and trying to seat them in political office. Parties participate in electoral campaigns, educational outreach or protest actions...
with a majority of seats is known as the majority party; if two or more parties in opposition are tied, the Lieutenant Governor's affiliation determines which is the majority party. The next-largest party is known as the minority party. The President Pro Tem, committee chairmen, and some other officials are generally from the majority party; they have counterparts (for instance, the "ranking members" of committees) in the minority party.
The Oklahoma Constitution provides that the Lieutenant Governor of the State of Oklahoma serves as the President of the Senate
President of the Senate
The President of the Senate is a title often given to the presiding officer of a senate, and is the speaker of other assemblies.The senate president often ranks high in a jurisdiction's succession for its top executive office: for example, the President of the Senate of Nigeria is second in line...
and holds a vote which can only be cast to break a tie. By convention, the Lieutenant Governor presides over very few Senate debates, attending only on important ceremonial occasions (such as the swearing-in of new senators) or at times when his vote may be needed to break a tie. The Constitution also authorizes the Senate to elect a President Pro Tem
President pro tempore of the Oklahoma Senate
The President pro tempore of the Oklahoma Senate is the second-highest-ranking official of the Oklahoma Senate and the highest-ranking State Senator. The Oklahoma Constitution states the Lieutenant Governor of Oklahoma serves ex officio as President of the Senate, and is the highest-ranking...
(Latin
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
for "temporary president") to preside in the Lieutenant Governor's absence. Under Section 6 of Article VI of the Oklahoma Constitution, the President Pro Tempore, is second in line behind the Lieutenant Governor to succeed the Governor. The President Pro Tem is the actual leader of the senate and also serves as leader of the majority party. The President Pro Tem is an ex officio and voting member of all committees.
The presiding officer sits in a chair in the front of the Senate chamber. The powers of the presiding officer are extremely limited; he primarily acts as the Senate's mouthpiece, performing duties such as announcing the results of votes. The Senate's presiding officer controls debates by calling on members to speak; the rules of the Senate, however, compel him to recognize the first senator who rises. The presiding officer may rule on any "point of order
Point of order
A point of order is a matter raised during consideration of a motion concerning the rules of parliamentary procedure.-Explanation and uses:A point of order may be raised if the rules appear to have been broken. This may interrupt a speaker during debate, or anything else if the breach of the rules...
" (a senator's objection that a rule has been breached), but the decision is subject to appeal to the whole house. Thus, the powers of the presiding officer of the senate are far less extensive than those of the Speaker.
Each party elects a senator to serve as floor leader, a position which entails acting as the party's chief spokesperson. The Majority Floor Leader is an ex officio and voting member of all Senate committees. Each party also elect whip
Whip (politics)
A whip is an official in a political party whose primary purpose is to ensure party discipline in a legislature. Whips are a party's "enforcers", who typically offer inducements and threaten punishments for party members to ensure that they vote according to the official party policy...
s to assist the leader.
Powers
Section 1 of Article V of the Oklahoma Constitution sets forth the powers of the Legislature. All of the State's legislative authority is vest within the Legislature as well as other powers. The most important among these powers are the powers to levy and collect taxes, borrow money, and to raise and maintain the militia of the State. Just as the US Constitution has a "Necessary and Proper Clause", the Oklahoma Constitution in Section Article 5 section 45 provides the Legislature the power to pass laws as they are necessary for carrying into effect the Oklahoma Constitution. Other than those powers specificlly reserved to the people of Oklahoma, the Legislature's power to legislate extends to "all rightful subjects of legislation" and may write laws on any subject whatsoever.The returns of every election for all elective state officers are transmitted to the Secretary of State, directed to the Speaker of the House of Representatives, who shall, immediately after the organization of the House, and before proceeding to other business, open and publish the information in the presence of a majority of each branch of the Legislature, who shall for that purpose assemble in the hall of the House of Representatives. The persons respectively having the highest number of votes for either of the said offices shall be declared duly elected. In the event of a tie, the Legislate has the power to break deadlocks in the all election involving state officials. If two or more candidates have an equal and the highest number of votes, the Legislature, by means of a joint ballot, may elect one of the said persons for said office.
Among of the foremost non-legislative functions of the Legislature is the power to establish a state printing plant, and to provide for the election or appointment of a State Printer, the establishment of a State Geological and Economic Survey, and the creation of a Board of Health, Board of Dentistry, Board of Pharmacy, and Pure Food Commission, and prescribe the duties of each.
The Legislature is required every 10 years, beginning in 1907 (the date of Oklahoma entrance to the Union), to make provision by law for revising, digesting, and announce the laws of Oklahoma. The Legislature shall define what is an unlawful combination, monopoly, trust, act, or agreement, in restraint of trade, and enact laws to punish persons engaged in any unlawful combination, monopoly, trust, act, or agreement, in restraint of trade.
Section 46 through 53 of Article V of the Oklahoma Constitution places certain limits on the authority and powers of the Legislature. For instance, the Legislature may not meddle in the affairs of local government in the realm of day to day business, such as street lay out or school districts. Legislators may not appropriate any of the public money for the establishment and maintenance of a Bureau of Immigration in Oklahoma, nor pass any law exempting any property within Oklahoma from taxation (except where the Constitution grants such an exemption). The Legislature may not pass laws granting to any association, corporation, or individual any exclusive rights, privileges, or immunities.
Term
Legislatures are identified by consecutive numbers and correspond with the election of the members of the House of Representatives. The 2011 session (following the 2010 elections) will be the First Session of the 53rd Legislature, while the 2012 session will be the Second Session of the 53rd Legislature. The 54th Legislature would thus begin in 2013 with the First Session.Under Article 5 Section 26 of the Oklahoma Constitution
Oklahoma Constitution
The Constitution of the State of Oklahoma is the governing document of the U.S. State of Oklahoma. Adopted in 1907, Oklahoma ratified the United States Constitution on November 16, 1907, as the 46th US State. At its ratification, the Oklahoma Constitution was the longest governing document of any...
legislative sessions begin at noon on the first Monday in February of every odd-numbered year, shall not exceed one hundred and sixty days, and shall be finally adjourned by no later than five o'clock p.m. on the last Friday in May of each year. The first session, under Article 5 Section 25, cannot exceed 160 days. However, in odd numbered years (those following an election), the Legislature must meet on the first Tuesday after the first Monday in January for the sole purpose of determining the outcome of the state-wide elections. This meeting must begin at noon and must be adjourned by five o'clock p.m. on the same day.
At the beginning of each new term, the entire House of Representatives and one-half of the Senate (those who were chosen in the previous election) are sworn in. The House of Representatives also elects a Speaker to preside over debates. The President pro tempore of the Senate, by contrast, holds office continuously; normally, a new President pro tempore is only elected if the previous one retires, or if there is a change in the majority party.
The Oklahoma Constitution forbids either house adjourning for more than three days, without the consent of the other house. The provision was intended to prevent one house from thwarting legislative business simply by refusing to meet. To avoid obtaining consent during long recesses, the House or Senate may sometimes hold pro forma
Pro forma
The term pro forma is a term applied to practices or documents that are done as a pure formality, perfunctory, or seek to satisfy the minimum requirements or to conform to a convention or doctrine...
meetings, sometimes only minutes long, every three days. The Constitution prevents the Legislature from meeting any place outside the Oklahoma Capitol. However, the Governor is empowered to convoke the Legislature at or adjourn it to another place, when, in his opinion, the public safety or welfare, or the safety or health of the members require it. However, such a change or adjournment requires consent by a two-thirds vote of all the members elected to each branch.
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-third 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. However, the Legislature may not prevent the calling of a special session by the Governor.
In cases of a disagreement between the two houses of the Legislature, at a regular or special session, with respect to the time of adjournment, the Governor may, if the facts be certified to him, by the presiding officer of the house first moving the adjournment, adjourn them to such time as he shall deem proper, not beyond the day of the next stated meeting of the Legislature. The consent of both bodies is required for the Legislature's final adjournment, or sine die, at the end of each legislative session. If the two houses cannot agree on a date, the Constitution permits the Governor to settle the dispute.
Bills and resolutions
A proposal may be introduced in the Legislature as a billBill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
, a joint resolution
Joint resolution
In the United States Congress, a joint resolution is a legislative measure that requires approval by the Senate and the House and is presented to the President for his/her approval or disapproval, in exactly the same case as a bill....
, a concurrent resolution
Concurrent resolution
A concurrent resolution is a resolution adopted by both houses of a bicameral legislature that lacks the force of law and does not require the approval of the chief executive.-United States Congress:...
, or a simple resolution
Resolution (law)
A resolution is a written motion adopted by a deliberative body. The substance of the resolution can be anything that can normally be proposed as a motion. For long or important motions, though, it is often better to have them written out so that discussion is easier or so that it can be...
. Most legislative proposals are introduced as bills, but some are introduced as joint resolutions. Joint resolutions are the normal method used to propose a constitutional amendment. On the other hand, concurrent resolutions (passed by both houses) and simple resolutions (passed by only one house) do not have the force of law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
. Instead, they serve to express the opinion of the Legislature, or either house thereof, or to regulate procedure
Procedural law
Procedural law or adjective law comprises the rules by which a court hears and determines what happens in civil lawsuit, criminal or administrative proceedings. The rules are designed to ensure a fair and consistent application of due process or fundamental justice to all cases that come before...
.
Bills (and other proposals) may be introduced by any member of either house. However (as with the United States House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
and the majority of state legislatures), Article 5 Section 33A of the Oklahoma Constitution provides that: "All bills for raising Revenue shall originate in the House of Representatives." The Senate, though, retains the power to amend or reject them.
Each bill goes through several stages in each house. The first stage involves consideration by a committee. Most legislation is considered by standing committee
Standing Committee
In the United States Congress, standing committees are permanent legislative panels established by the United States House of Representatives and United States Senate rules. . Because they have legislative jurisdiction, standing committees consider bills and issues and recommend measures for...
s, each of which has jurisdiction over a particular subject matter, such as Agriculture or Appropriations. The House has twenty-six standing committees; the Senate has seventeen. In some cases, bills may be sent to select committee
Select or special committee
A select or special committee of the United States Congress is a congressional committee appointed to perform a special function that is beyond the authority or capacity of a standing committee. A select committee is usually created by a resolution that outlines its duties and powers and the...
s (which tend to have more narrow jurisdictions than standing committees. Each standing and select committee is led by a chairman (who belongs to the majority party) and a ranking member (who belongs to the minority party). Committees are permitted to hold hearings
Hearing (sense)
Hearing is the ability to perceive sound by detecting vibrations through an organ such as the ear. It is one of the traditional five senses...
and collect evidence when considering bills. They may also amend the bill, but the full house holds the power to accept or reject committee amendments. After considering and debating a measure, the committee votes on whether it wishes to report the measure to the full house.
A decision not to report a bill amounts to a rejection of the proposal. Both houses provide for procedures under which the committee can be bypassed or overruled, but they are rarely used. If reported by the committee, the bill reaches the floor of the full house. The house may debate and amend the bill; the precise procedures used by the House of Representatives and the Senate differ. A final vote on the bill follows.
Once a bill is approved by one house, it is sent to the other, which may pass, reject, or amend it. In order for the bill to become law, both houses must agree to identical versions of the bill. If the second house amends the bill, then the differences between the two versions must be reconciled in a conference committee
Conference committee
A conference committee is a joint committee of a bicameral legislature, which is appointed by, and consists of, members of both chambers to resolve disagreements on a particular bill...
, an ad hoc committee that includes both senators and representatives. In many cases, conference committees have introduced substantial changes to bills and added un-requested spending, significantly departing from both the House and Senate versions.
After passage by both houses, a bill is submitted to the Governor
Governor of Oklahoma
The governor of the state of Oklahoma is the head of state for the state of Oklahoma, United States. Under the Oklahoma Constitution, the governor is also the head of government, serving as the chief executive of the Oklahoma executive branch, of the government of Oklahoma...
who may choose to sign the bill, thereby making it law, or veto
Veto
A veto, Latin for "I forbid", is the power of an officer of the state to unilaterally stop an official action, especially enactment of a piece of legislation...
it, returning it to the Legislature with his objections. In such a case, the bill only becomes law if each house of the Legislature votes to override the veto with a two-thirds majority. Finally, the Governor may choose to take no action, neither signing nor vetoing the bill. In such a case, the Constitution states that the bill automatically becomes law after five days (excluding Sundays). However, if the Legislature adjourns (ends a legislative session) during the five day period, then the bill does not become law. Thus, the Governor may veto legislation passed at the end of a legislative session simply by ignoring it; the maneuver is known as a pocket veto
Pocket veto
A pocket veto is a legislative maneuver in United States federal lawmaking that allows the President to veto a bill indirectly.The U.S. Constitution limits the President's period for decision on whether to sign or veto any legislation to ten days while the United States Congress is in session...
, and cannot be overridden by the adjourned Legislature. No bill may become a law after the final adjournment of the Legislature, unless approved by the Governor within fifteen days after such adjournment.
Quorum and voting
The Oklahoma Constitution specifies that a majority of members constitutes a quorumQuorum
A quorum is the minimum number of members of a deliberative assembly necessary to conduct the business of that group...
to do business in each house. The rules of each house provide that a quorum is assumed to be present unless a quorum call demonstrates the contrary. Representatives and senators rarely force the presence of a quorum by demanding quorum calls; thus, in most cases, debates continue even if a majority is not present.
Both houses use voice voting to decide most matters; members shout out "aye" or "no," and the presiding officer announces the result. The Oklahoma Constitution, however, requires a recorded vote
Recorded vote
A recorded vote is a vote in which the names of those voting for and against a motion may be recorded.In many deliberative bodies , questions may be decided by voice vote, but the voice vote does not allow one to determine at a later date which members voted for and against the motion...
on the demand of one-fifth of the members present. If the result of the voice vote is unclear, or if the matter is controversial, a recorded vote usually ensues. The Senate uses roll call votes; a clerk calls out the names of all the senators, each senator stating "aye" or "no" when his name is announced. The House reserves roll call votes for the most formal matters; normally, members vote by electronic device. In the case of a tie, the motion in question fails. In the Senate, the Lieutenant Governor may (if present) cast the tiebreaking vote.
Privileges
Under the Oklahoma Constitution, members of both houses enjoy the privilegePrivilege
A privilege is a special entitlement to immunity granted by the state or another authority to a restricted group, either by birth or on a conditional basis. It can be revoked in certain circumstances. In modern democratic states, a privilege is conditional and granted only after birth...
of being free from arrest
Arrest
An arrest is the act of depriving a person of his or her liberty usually in relation to the purported investigation and prevention of crime and presenting into the criminal justice system or harm to oneself or others...
in all cases, except for treason
Treason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
, felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
, and breach of the peace
Breach of the peace
Breach of the peace is a legal term used in constitutional law in English-speaking countries, and in a wider public order sense in Britain.-Constitutional law:...
. This immunity
Parliamentary immunity
Parliamentary immunity, also known as legislative immunity, is a system in which members of the parliament or legislature are granted partial immunity from prosecution. Before prosecuting, it is necessary that the immunity be removed, usually by a superior court of justice or by the parliament itself...
applies to members "during their Attendance at the Session of their respective Houses, and in going to and returning from the same." The term "arrest" has been interpreted broadly, and includes any detention or delay in the course of law enforcement, including court summons
Summons
Legally, a summons is a legal document issued by a court or by an administrative agency of government for various purposes.-Judicial summons:...
and subpoenas. The rules of the House very strictly guard this privilege; a member may not waive the privilege on his own, but must seek the permission of the whole house to do so. Senate rules, on the other hand, are less strict, and permit individual senators to waive the privilege as they see fit.
Aside from benefits directly facilitating their legislative work, members enjoy a number of other perks. As of 2006 rank and file Legislators received a salary of $38,400. The President Pro Tempore of the State Senate and the Speaker of the House of Representatives are paid an additional $17,932 annually. The appropriations committee chairmen, majority floor leaders and the minority floor leaders of each house are paid an additional $12,364 per year.
Board of Legislative Compensation
In order to regulate compensation paid to the Legislature, the Oklahoma ConstitutionOklahoma Constitution
The Constitution of the State of Oklahoma is the governing document of the U.S. State of Oklahoma. Adopted in 1907, Oklahoma ratified the United States Constitution on November 16, 1907, as the 46th US State. At its ratification, the Oklahoma Constitution was the longest governing document of any...
created the Board on Legislative Compensation. The Board is composed of five members appointed by the Governor of Oklahoma
Governor of Oklahoma
The governor of the state of Oklahoma is the head of state for the state of Oklahoma, United States. Under the Oklahoma Constitution, the governor is also the head of government, serving as the chief executive of the Oklahoma executive branch, of the government of Oklahoma...
, two members are appointed by the President pro tempore of the Oklahoma Senate
President pro tempore of the Oklahoma Senate
The President pro tempore of the Oklahoma Senate is the second-highest-ranking official of the Oklahoma Senate and the highest-ranking State Senator. The Oklahoma Constitution states the Lieutenant Governor of Oklahoma serves ex officio as President of the Senate, and is the highest-ranking...
, and two members are appointed by the Speaker of the Oklahoma House of Representatives
Speaker of the Oklahoma House of Representatives
The Speaker of the Oklahoma House of Representatives is the presiding officer of the lower house of the Oklahoma Legislature, the Oklahoma House of Representatives. The Speaker exercises administrative and procedural functions in the House, but most importantly remains a representative of his...
. The members appointed by the Governor must 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 serve on the Board. In addition to the nine voting members, the Chairman of the Tax Commission
Oklahoma Tax Commission
The Oklahoma Tax Commission is the Oklahoma state government agency that collects taxes and enforces the internal revenue laws of the state. The Commission is composed of three members appointed by the Governor of Oklahoma with the approval of the Oklahoma Senate...
and the Director of State Finance
Oklahoma Office of State Finance
The Oklahoma Office of State Finance is the Oklahoma state government agency that prepares the Governor of Oklahoma’s annual budget, analyzes the effectiveness of state management, manages the state’s budget system and makes appropriate allotments and transfers throughout the state government...
serve as ex officio nonvoting members of the Board. The Chairman of the Board is designated by the Governor. The members of the Board shall serve without compensation, but shall be entitled to receive necessary travel and subsistence
Travel and subsistence
Travel and subsistence expenses describe the cost of spending on business travel, meals, hotels, sundry items such as laundry and similar ad hoc expenditures....
expense as provided by law for other state.
Members of the Legislature are entitled to receive such compensation as determined by the Board. Every two years, the Board reviews the compensation paid to the members of the Legislature and is empowered to change the compensation. Such a change becomes effective on the fifteenth day following the succeeding general election.