OKLAHOMA CONSTITUTION ARTICLE V, Study notes of Law

Download OKLAHOMA CONSTITUTION ARTICLE V and more Study notes Law in PDF only on Docsity! OKLAHOMA CONSTITUTION ARTICLE V - LEGISLATIVE DEPARTMENT SECTION V-1 Legislature - Authority and composition - Powers reserved to people. The Legislative authority of the State shall be vested in a Legislature, consisting of a Senate and a House of Representatives; but the people reserve to themselves the power to propose laws and amendments to the Constitution and to enact or reject the same at the polls independent of the Legislature, and also reserve power at their own option to approve or reject at the polls any act of the Legislature. SECTION V-2 Designation and definition of reserved powers - Determination of percentages. The first power reserved by the people is the initiative, and eight per centum of the legal voters shall have the right to propose any legislative measure, and fifteen per centum of the legal voters shall have the right to propose amendments to the Constitution by petition, and every such petition shall include the full text of the measure so proposed. The second power is the referendum, and it may be ordered (except as to laws necessary for the immediate preservation of the public peace, health, or safety), either by petition signed by five per centum of the legal voters or by the Legislature as other bills are enacted. The ratio and per centum of legal voters hereinbefore stated shall be based upon the total number of votes cast at the last general election for the Office of Governor. Amended by State Question No. 750, Legislative Referendum No. 350, adopted at election held on Nov. 2, 2010. SECTION V-3 Petitions - Veto power - Elections - Time of taking effect - Style of bills - Duty of legislature. 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 elections on 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 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 by State Question No. 495, Legislative Referendum No. 198, adopted at election held on Aug. 27, 1974. SECTION V-4 Referendum against part of act. The referendum may be demanded by the people against one or more items, sections, or parts of any act of the Legislature in the same manner in which such power may be exercised against a complete act. The filing of a referendum petition against one or more items, sections, or parts of an act shall not delay the remainder of such act from becoming operative. SECTION V-5 Reservation of powers to voters of counties and districts - Manner of exercising. The powers of the initiative and referendum reserved to the people by this Constitution for the State at large, are hereby further reserved to the legal voters of every county and district therein, as to all local legislation, or action, in the administration of county and district government in and for their respective counties and districts. The manner of exercising said powers shall be prescribed by general laws, except that Boards of County Commissioners may provide for the time of exercising the initiative and referendum powers as to local legislation in their respective counties and districts. The requisite number of petitioners for the invocation of the initiative and referendum in counties and districts shall bear twice, or double, the ratio to the whole number of legal voters in such county or district, as herein provided therefor in the State at large. SECTION V-5a Township organization or government - Abolition and restoration. Each county in the State of Oklahoma may by 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 Oklahoma Constitution - ARTICLE V - Legislative Department Page 2 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. Added by State Question No. 416, Referendum Petition No. 142, adopted at election held on May 26, 1964. SECTION V-11. Repealed by State Question No. 416, Legislative Referendum No. 142, adopted at election held May 26, 1964. Repeal proposed by Laws 1963, p. 736, S.J.R. No. 4. SECTION V-11A Legislature to apportion Legislature - Failure to make apportionment - Apportionment Commission. 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 the Bipartisan Commission on Legislative Apportionment, according to the provisions of this article. The Commission shall be composed of seven (7) members as follows: the Lieutenant Governor, who shall be nonvoting and the chair of the Commission; two members, one republican and one democrat, appointed by the President Pro Tempore of the Senate; two members, one republican and one democrat, appointed by the Speaker of the House of Representatives; and two members, one republican and one democrat, appointed by the Governor. Added by State Question No. 416, Referendum Petition No. 142, adopted at election held on Nay 26, 1964. Amended by State Question No. 523, Legislative Referendum No. 218, adopted at election held on Nov. 2, 1976; State Question No. 748, Legislative Referendum No. 349, adopted at election held on Nov. 2, 2010. SECTION V-11B Order of apportionment rendered by Commission. Each order of apportionment rendered by the Bipartisan Commission on Legislative Apportionment shall be in writing and shall be filed with the Secretary of State and shall be signed by at least four members of the Commission. Added by State Question No. 416, Referendum Petition No. 142, adopted at election held on May 26, 1964. Amended by State Question No. 748, Oklahoma Constitution - ARTICLE V - Legislative Department Page 5 Legislative Referendum No. 349, adopted at election held on Nov. 2, 2010. SECTION V-11C Review of apportionment orders - Failure to seek review. 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. Added by State Question No. 416, Referendum Petition No. 142, adopted at election held on May 26, 1964. SECTION V-11D Determination by Supreme Court. 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. Added by State Question No. 416, Referendum Petition No. 142, adopted at election held on May 26, 1964. SECTION V-11E Compelling Commission to act - Consolidation of proceedings. 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 Oklahoma Constitution - ARTICLE V - Legislative Department Page 6 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. Added by State Question No. 416, Referendum Petition No. 142, adopted at election held on May 26, 1964. SECTION V-12. Repealed by State Question No. 416, Legislative Referendum No. 142, adopted at election held May 26, 1964. Repeal proposed by Laws 1963, p. 736, S.J.R. No. 4. SECTION V-13. Repealed by State Question No. 416, Legislative Referendum No. 142, adopted at election held May 26, 1964. Repeal proposed by Laws 1963, p. 736, S.J.R. No. 4. SECTION V-14. Repealed by State Question No. 416, Legislative Referendum No. 142, adopted at election held May 26, 1964. Repeal proposed by Laws 1963, p. 736, S.J.R. No. 4. SECTION V-15. Repealed by State Question No. 416, Legislative Referendum No. 142, adopted at election held May 26, 1964. Repeal proposed by Laws 1963, p. 736, S.J.R. No. 4. SECTION V-16. Repealed by State Question No. 416, Legislative Referendum No. 142, adopted at election held May 26, 1964. Repeal proposed by Laws 1963, p. 736, S.J.R. No. 4. SECTION V-17 Age - Qualified electors - Residents. Members of the Senate shall 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 shall be qualified electors in their respective counties or districts and shall reside in their respective counties or districts during their term of office. SECTION V-17A Limitation of time served in the Legislature. Any member of the Legislature who is elected to office after the effective date of this amendment shall be eligible to serve no more than 12 years in the Oklahoma State Legislature. Years in Legislative office need not be consecutive and years of service in both the Senate and the House of Representatives shall be added together and included in determining the total number of Legislative years in office. The years served by any member elected or appointed to serve less than a full Legislative term to fill a vacancy in office shall not be included in the 12-year limitation set forth herein; but no member who has completed 12 years in office shall thereafter be eligible to serve a partial term. Any member who is Oklahoma Constitution - ARTICLE V - Legislative Department Page 7 SECTION V-24 Disclosure of personal or private interest. A member of the Legislature, who has a personal or private interest in any measure or bill, proposed or pending before the Legislature, shall disclose the fact to the House of which he is a member, and shall not vote thereon. SECTION V-25 Duration of first session. The first session of the Legislature, held by virtue of this Constitution, shall not exceed one hundred and sixty days. SECTION V-26 Regular sessions. The Legislature shall meet in regular session at the seat of government at twelve o'clock noon on the first Monday in February of each year and the regular session shall be finally adjourned sine die not later than five o'clock p.m. on the last Friday in May of each year. The Legislature shall also meet in regular session at the seat of government on the first Tuesday after the first Monday in January of each odd numbered year, beginning at twelve o'clock noon for the purposes only of performing the duties as required by Section 5 of Article VI of the Constitution and organizing pursuant to the provisions of this Article and shall recess not later than five o'clock p.m. of that same day until the following first Monday in February of the same year, beginning at twelve o'clock noon. Amended by State Question No. 435, Referendum Petition No. 156, adopted at election held on May 24, 1966; State Question No. 620, Initiative Petition No. 339, adopted at election held on March 14, 1989. SECTION V-27 Special sessions. 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 by State Question No. 435, Referendum Petition No. 156, adopted at runoff primary election held on May 24, 1966. SECTION V-27A Calling special sessions. (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 (2/3) of the members of the Senate and two-thirds (2/3) of the members of the House of Representatives when it is filed with the President Pro Tempore of the Senate and the Oklahoma Constitution - ARTICLE V - Legislative Department Page 10 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. Added by State Question No. 540, Legislative Referendum No. 225, adopted at election held on Nov. 4, 1980. SECTION V-28 Senate - President pro tempore - Standing committees. The Senate shall, at the beginning of each regular session and at such other times as may be necessary, elect one of its members President pro tempore, who shall preside over its deliberations in the absence or place of the Lieutenant Governor; and the Senate shall provide for all its standing committees and, by a majority vote, elect the members thereof. SECTION V-29 Speaker of House of Representatives. The House of Representatives shall, at the beginning of each regular session and at such other times as may be necessary, elect one of its members Speaker. SECTION V-30 Judges of election of members - Quorum - Rules - Disorderly behavior - Journal. Each House shall be the judge of the elections, returns, and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner and under such penalty as each House may provide. Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two- thirds, expel a member. Each House shall keep a journal of its proceedings, and from time to time publish the same. The yeas and nays of the members of either House on any question, at the desire of one-fifteenth of those present shall be entered upon its journal. Neither House, during the session of the Legislature, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting. SECTION V-31 Elections by Legislature - Voting and entry in journal. Oklahoma Constitution - ARTICLE V - Legislative Department Page 11 In all elections made by the Legislature, except for officers and employees thereof, the members thereof shall vote yea or nay, and each vote shall be entered upon the journal. SECTION V-32 Special and local laws - Notice of intended introduction. No special or local law shall be considered by the Legislature until notice of the intended introduction of such bill or bills shall first have been published for four consecutive weeks in some weekly newspaper published or of general circulation in the city or county affected by such law, stating in substance the contents thereof, and verified proof of such publication filed with the Secretary of State. SECTION V-33 Revenue bills - Origination - Amendment - Limitations on passage - Effective date - Submission to voters. A. All bills for raising revenue shall originate in the House of Representatives. The Senate may propose amendments to revenue bills. B. No revenue bill shall be passed during the five last days of the session. C. Any revenue bill originating in the House of Representatives shall not become effective until it has been referred to the people of the state at the next general election held throughout the state and shall become effective and be in force when it has been approved by a majority of the votes cast on the measure at such election and not otherwise, except as otherwise provided in subsection D of this section. D. Any revenue bill originating in the House of Representatives may become law without being submitted to a vote of the people of the state if such bill receives the approval of three-fourths (3/4) of the membership of the House of Representatives and three-fourths (3/4) of the membership of the Senate and is submitted to the Governor for appropriate action. Any such revenue bill shall not be subject to the emergency measure provision authorized in Section 58 of this Article and shall not become effective and be in force until ninety days after it has been approved by the Legislature, and acted on by the Governor. Added by State Question No. 640, Initiative Petition No. 348, adopted at election held on March 10, 1992. SECTION V-34 Reading and passage of bills - Yeas and nays entered on journal. Every bill shall be read on three different days in each House, and no bill shall become a law unless, on its final passage, it be read at length, and no law shall be passed unless upon a vote of a majority of all the members elected to each House in favor of such law; and the question, upon final passage, shall be taken upon its Oklahoma Constitution - ARTICLE V - Legislative Department Page 12 Vacating roads, town plats, streets, or alleys; Relating to cemeteries, graveyards, or public grounds not owned by the State; Authorizing the adoption or legitimation of children; Locating or changing county seats; Incorporating cities, towns, or villages, or changing their charters; For the opening and conducting of elections, or fixing or changing the places of voting; Granting divorces; Creating offices, or prescribing the powers and duties of officers, in counties, cities, towns, election or school districts; Changing the law of descent or succession; Regulating the practice or jurisdiction of, or changing the rules of evidence in judicial proceedings or inquiry before the courts, justices of the peace, sheriffs, commissioners, arbitrators, or other tribunals, or providing or changing the methods for the collection of debts, or the enforcement of judgments or prescribing the effect of judicial sales of real estate; Regulating the fees, or extending the powers and duties of aldermen, justices of the peace, or constables; Regulating the management of public schools, the building or repairing of school houses, and the raising of money for such purposes; Fixing the rate of interest; Affecting the estates of minors, or persons under disability; Remitting fines, penalties and forfeitures, and refunding moneys legally paid into the treasury; Exempting property from taxation; Declaring any named person of age; Extending the time for the assessment or collection of taxes, or otherwise relieving any assessor or collector of taxes from due performance of his official duties, or his securities from liability; Giving effect to informal or invalid wills or deeds; Summoning or impaneling grand or petit juries; For limitation of civil or criminal actions; For incorporating railroads or other works of internal improvements; Providing for change of venue in civil and criminal cases. SECTION V-47 Retirement of officers. The Legislature shall not retire any officer on pay or part pay, or make any grant to such retiring officer. SECTION V-48 Bureau of immigration. Oklahoma Constitution - ARTICLE V - Legislative Department Page 15 The Legislature shall have no power to appropriate any of the public money for the establishment and maintenance of a Bureau of Immigration in this State. SECTION V-49 Legislative employees - Number and emoluments. The Legislature shall not increase the number or emolument of its employees, or the employees of either House, except by general law, which shall not take effect during the term at which such increase was made. SECTION V-50 Exemption of property from taxation. The Legislature shall pass no law exempting any property within this State from taxation, except as otherwise provided in this Constitution. SECTION V-51 Exclusive rights, privileges or immunities. The Legislature shall pass no law granting to any association, corporation, or individual any exclusive rights, privileges, or immunities within this State. SECTION V-52 Revival of rights or remedies - Taking away cause of action or defense. The Legislature shall have no power to revive any right or remedy which may have become barred by lapse of time, or by any statute of this State. After suit has been commenced on any cause of action, the Legislature shall have no power to take away such cause of action, or destroy any existing defense to such suit. SECTION V-53 Release or extinguishment of debts or liabilities to state, county or municipality. 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 by State Question No. 361, Referendum Petition No. 107, adopted at general election held on Nov. 2, 1954. SECTION V-54 Oklahoma Constitution - ARTICLE V - Legislative Department Page 16 Repeal of statute - Effect. The repeal of a statute shall not revive a statute previously repealed by such statute, nor shall such repeal affect any accrued right, or penalty incurred, or proceedings begun by virtue of such repealed statute. SECTION V-55 Appropriations - Necessity and requisites. No money shall ever be paid out of the treasury of this State, nor any of its funds, nor any of the funds under its management, except in pursuance of an appropriation by law, nor unless such payments be made within two and one-half years after the passage of such appropriation act, and every such law making a new appropriation, or continuing or reviving an appropriation, shall distinctly specify the sum appropriated and the object to which it is to be applied, and it shall not be sufficient for such law to refer to any other law to fix such sum. SECTION V-56 General appropriation bills - Salaries - Separate appropriation bills. The general appropriation bill shall embrace nothing but appropriations for the expenses of the executive, legislative, and judicial departments of the State, and for interest on the public debt. The salary of no officer or employee of the State, or any subdivision thereof, shall be increased in such bill, nor shall any appropriation be made therein for any such officer or employee, unless his employment and the amount of his salary, shall have been already provided for by law. All other appropriations shall be made by separate bills, each embracing but one subject. SECTION V-57 Subjects and titles - Revival or amendment by reference - Extent of invalidity. Every act of the Legislature shall embrace but one subject, which shall be clearly expressed in its title, except general appropriation bills, general revenue bills, and bills adopting a code, digest, or revision of statutes; and no law shall be revived, amended, or the provisions thereof extended or conferred, by reference to its title only; but so much thereof as is revived, amended, extended, or conferred shall be re-enacted and published at length: Provided, That if any subject be embraced in any act contrary to the provisions of this section, such act shall be void only as to so much of the law as may not be expressed in the title thereof. SECTION V-58 Time of taking effect of statutes - Emergency measures. Oklahoma Constitution - ARTICLE V - Legislative Department Page 17