73-612: The Legislature of the State of Oklahoma is the state legislative branch of the U.S. state of Oklahoma . The Oklahoma House of Representatives and Oklahoma Senate are the two houses that make up the bicameral state legislature. There are 101 state representatives, each serving a two-year term, and 48 state senators, who serve four-year terms that are staggered so only half of the Oklahoma Senate districts are eligible in each election cycle. Legislators are elected directly by
146-481: A President Pro Tempore of the Oklahoma Senate to preside in the lieutenant governor's absence. The president pro tempore is second in line behind the lieutenant governor to succeed the governor . The president pro tempore is the leader of the senate and serves as leader of the majority party. The president pro tempore is an ex officio voting member of state senate committees. The presiding officer sits in
219-626: A vote of no confidence . On the other hand, according to the separation of powers doctrine, the legislature in a presidential system is considered an independent and coequal branch of government along with both the judiciary and the executive. Nevertheless, many presidential systems provide for the impeachment of the executive for criminal or unconstitutional behaviour. Legislatures will sometimes delegate their legislative power to administrative or executive agencies . Legislatures are made up of individual members, known as legislators , who vote on proposed laws. A legislature usually contains
292-546: A 1941 constitutional amendment requiring legislators to pass a balanced budget. In 1964, three black men, Archibald Hill, E. Melvin Porter , and Curtis Lawson, were elected to the Oklahoma Legislature, the first since A. C. Hamlin left office in 1910. In 1966, voters approved a ballot question that set up annual 90-day legislative sessions. In 1989 another ballot question further limited session by designating
365-650: A Parliamentary powers index in an attempt to quantify the different degrees of power among national legislatures. The German Bundestag , the Italian Parliament , and the Mongolian State Great Khural tied for most powerful, while Myanmar's House of Representatives and Somalia's Transitional Federal Assembly (since replaced by the Federal Parliament of Somalia ) tied for least powerful. Some political systems follows
438-571: A bill is submitted to the Governor of Oklahoma 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
511-474: 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
584-455: 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 they have first been recognized by the presiding officer. The presiding officer may rule on any " point of order " (a member's objection that a rule has been breached), but
657-466: A chair in the front of the Oklahoma Senate chamber. The presiding officer acts as the Oklahoma Senate's mouthpiece, performs duties such as announcing the results of vote, and controls debates by calling on members to speak. The rules of the Senate requires the presiding officer to recognize the first state senator who rises. The presiding officer may rule on any " point of order " (a senator's objection that
730-469: A date, the state constitution permits the governor to settle the dispute. A proposal may be introduced in the legislature as a bill , a joint resolution , a concurrent resolution , or a simple resolution . Legislative proposals are introduced as bills or joint resolutions. Joint resolutions are the normal method used to propose a constitutional amendment. Concurrent resolutions passed by both houses and simple resolutions passed by only one house do not have
803-422: A democracy, legislators are most commonly popularly elected , although indirect election and appointment by the executive are also used, particularly for bicameral legislatures featuring an upper house . The name used to refer to a legislative body varies by country. Common names include: By names: By languages: Though the specific roles for each legislature differ by location, they all aim to serve
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#1732772528694876-429: 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 adjourn them to such time as deemed 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
949-458: A few of the members of the chamber(s). The members of a legislature usually represent different political parties ; the members from each party generally meet as a caucus to organize their internal affairs. Legislatures vary widely in the amount of political power they wield, compared to other political players such as judiciaries , militaries , and executives . In 2009, political scientists M. Steven Fish and Matthew Kroenig constructed
1022-442: A fixed number of legislators; because legislatures usually meet in a specific room filled with seats for the legislators, this is often described as the number of "seats" it contains. For example, a legislature that has 100 "seats" has 100 members. By extension, an electoral district that elects a single legislator can also be described as a "seat", as, for example, in the phrases " safe seat " and " marginal seat ". After election,
1095-411: A member elected or appointed to fill a vacancy in office, but no member who has completed 12 years in office is thereafter eligible to serve an unexpired term. The Oklahoma Legislature is constitutionally required to enact laws barring conflicts of interest for its members. The Oklahoma Ethics Commission currently makes recommendations to state legislators regarding ethical restrictions. In the event of
1168-492: A rule has been breached), but the decision is subject to appeal to the full membership. Each party elects a senator to serve as floor leader. The majority floor leader is an ex officio voting member of state senate committees and sets the schedule of what bills will be heard on the chamber floor. Each party also elect whips to assist the leader. Section 1 of Article V of the Oklahoma Constitution sets forth
1241-526: A single unit is unicameral , one divided into two chambers is bicameral , and one divided into three chambers is tricameral . In bicameral legislatures, one chamber is usually considered the upper house , while the other is considered the lower house . The two types are not rigidly different, but members of upper houses tend to be indirectly elected or appointed rather than directly elected, tend to be allocated by administrative divisions rather than by population, and tend to have longer terms than members of
1314-494: A vacancy in the state legislature, the governor issues writs of election to fill such vacancies. The House of Representatives consists of 101 members, representing single-member districts that are drawn to reflect equal populations. 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 seat in the State House of Representatives. Now though,
1387-435: Is indirectly elected within the context of a one-party state . Legislature size is a trade off between efficiency and representation; the smaller the legislature, the more efficiently it can operate, but the larger the legislature, the better it can represent the political diversity of its constituents. Comparative analysis of national legislatures has found that size of a country's lower house tends to be proportional to
1460-399: 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
1533-659: Is broad, except where the constitution limits that authority or reserves it to the people of Oklahoma. The returns of every election for elective state officers go to the Secretary of State and then to the Speaker of the Oklahoma House of Representatives . Immediately after the organization of the House, he must open and publish the information in the presence of a majority of each branch of the Legislature, who for that purpose assemble in House chamber. The individuals with
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#17327725286941606-496: Is requested, debates continue even if a majority is not present. Legislative branch A legislature is a deliberative assembly with the legal authority to make laws for a political entity such as a country , nation or city on behalf of the people therein. They are often contrasted with the executive and judicial powers of government . Legislatures can exist at different levels of government–national, state/provincial/regional, local, even supranational (such as
1679-539: Is the Icelandic Althing , founded in 930 CE. Democratic legislatures have six major functions: representation, deliberation, legislation, authorizing expenditure, making governments, and oversight. There exist five ways that representation can be achieved in a legislature: One of the major functions of a legislature is to discuss and debate issues of major importance to society. This activity can take place in two forms. In debating legislatures, such as
1752-501: The European Parliament ). Countries differ as to what extent they grant deliberative assemblies at the subnational law-making power, as opposed to purely administrative responsibilities. Laws enacted by legislatures are usually known as primary legislation. In addition, legislatures may observe and steer governing actions, with authority to amend the budget involved. The members of a legislature are called legislators. In
1825-714: The European Union . The upper house may either contain the delegates of state governments – as in the European Union and in Germany and, before 1913, in the United States – or be elected according to a formula that grants equal representation to states with smaller populations, as is the case in Australia and the United States since 1913. Tricameral legislatures are rare;
1898-673: The Massachusetts Governor's Council still exists, but the most recent national example existed in the waning years of White-minority rule in South Africa . Tetracameral legislatures no longer exist, but they were previously used in Scandinavia. The only legislature with a number of chambers bigger than four was the Federal Assembly of Yugoslavia ; initially established as a Pentacameral body in 1963, it
1971-469: The Oklahoma House of Representatives is known as the majority party; the next-largest party is the minority party. The Speaker of the Oklahoma House of Representatives is elected by a majority of members of the Oklahoma House of Representatives and is the nominee elected by the majority party caucus, unless a coalition of members of both political parties chooses a coalition candidate. Members of
2044-732: The Oklahoma House of Representatives . Bills approved by the legislature must be sent to the Governor of Oklahoma for approval. Prior to 1907 statehood, Oklahoma Territory had the Oklahoma Territorial Legislature that met in Guthrie, Oklahoma . Upon statehood, the Oklahoma Constitution established the Oklahoma Legislature. The 1st Oklahoma Legislature met in the Guthrie City Hall Building and elected William H. Murray as
2117-608: The Parliament of the United Kingdom , the floor of the legislature frequently sees lively debate. In contrast, in committee-based legislatures like the United States Congress , deliberation takes place in closed committees. While legislatures have nominally the sole power to create laws, the substantive extent of this power depends on details of the political system. In Westminster-style legislatures
2190-592: The European assemblies of nobility which the monarchs would have to consult before raising taxes. For this power to be actually effective, the legislature should be able to amend the budget, have an effective committee system, enough time for consideration, as well as access to relevant background information. There are several ways in which the legislature can hold the executive branch (the administration or government) accountable. This can be done through hearings, questioning , interpellations , votes of confidence ,
2263-483: The House and the President Pro Tempore of the Oklahoma Senate in the Senate. Alternatively, bills may be sent to select 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
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2336-595: The Legislature. In 2010, Republicans gained a large majority of 32 seats in the Oklahoma Senate and 70 seats in the Oklahoma House of Representatives . Currently, Republicans have a supermajority in both chambers (72 of 101 seats in the House and 40 of 48 seats in the Senate). To serve in the Oklahoma Senate , an individual must be at least 25 years of age, and to serve in the Oklahoma House of Representatives , an individual must be at least 21 years of age. State legislators must also be qualified electors and residents in
2409-482: The Oklahoma Legislature was moved to Oklahoma City in 1910. The Democratic Party held the majority of seats in the legislature until the Ninth Legislature from 1921–1922, when a Republican Party majority took over. The 1921 session was also notable because it included Oklahoma's first female state legislators, Representative Bessie McColgin and Senator Lamar Loomey. This occurred shortly after women earned
2482-463: The Oklahoma Legislature. A constitutional amendment approved by voters implemented term limits for the Legislature. Legislators are limited to a total of 12 years in both chambers. The 12-year term limit is a cumulative term limit of service in either chamber, consecutive or non-consecutive. The 12-year limit does not include any service prior to adoption of the amendment. In addition, the limit does not include those years of an unexpired term served by
2555-435: 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. The Oklahoma Constitution specifies that a majority of members constitutes a quorum 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. Thus, if no quorum call
2628-506: 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 public money for a Bureau of Immigration in Oklahoma, nor exempt property in Oklahoma from taxation except as granted by the state constitution. The Legislature may not pass laws granting exclusive rights, privileges, or immunities. Legislatures are identified by consecutive numbers and correspond with
2701-423: 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,
2774-540: The call, signed by two-thirds of the members of the Senate and two-thirds of the members of the House of Representatives when it is filed with the President Pro Tempore of the Senate and the Speaker of the House of Representatives, who shall issue jointly an order for the convening of the special session. However, the Legislature may not prevent the calling of a special session by the governor. In cases of
2847-405: 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
2920-473: 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,
2993-440: The decision is subject to appeal to the whole House. The speaker is the chair of their party's steering committee, which chooses the chairperson of standing committees. The speaker determines which committees consider bills and appoints members of committees. The speaker is also an ex officio voting member on committees. Under the speaker is a speaker pro tempore who assumes the duties of the speaker in their absence. The speaker and
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3066-469: The district they represent during their time in office. To file as a candidate for legislative office, a person must have been a registered voter and a resident residing within the district for at least six months immediately preceding the filing period prescribed by law. The Oklahoma Constitution prohibits state legislators from also serving as another officer of the United States or Oklahoma state government. A felony conviction also disqualifies election to
3139-508: The election of the members of the Oklahoma House of Representatives. Terms have two sessions; the first takes place in the year immediately following the election and the second takes place the next year. Under the Oklahoma Constitution , legislative sessions must begin at noon on the first Monday in February of every odd-numbered year, cannot exceed one hundred and sixty days, and must be finally adjourned by no later than five o'clock p.m. on
3212-464: The election or appointment of a state printer; the power to establish a State Geological and Economic Survey; and the power to create a Board of Health, Board of Dentistry, Board of Pharmacy, and Pure Food Commission. The Legislature must every 10 years, beginning in 1907 (the date of Oklahoma entrance to the Union), make, revise, digest, and announce the laws of Oklahoma. The Legislature shall define what
3285-510: 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
3358-521: The executive (composed of the cabinet) can essentially pass any laws it wants, as it usually has a majority of legislators behind it, kept in check by the party whip, while committee-based legislatures in continental Europe and those in presidential systems of the Americas have more independence in drafting and amending bills. The origins of the power of the purse which legislatures typically have in passing or denying government budgets goes back to
3431-438: The first Speaker of the Oklahoma House of Representatives . The first three staff members appointed by Murray were a Union veteran, a Confederate veteran, and an African-American man, Jim Noble. The 2nd Oklahoma Legislature included Oklahoma's first black member, A. C. Hamlin , but passed legislation that made it nearly impossible for African-Americans to seek elective office, which limited him to one term. The meeting place of
3504-412: 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 members of either house. The exception is "bills for raising Revenue" that must originate in the Oklahoma House of Representatives, per Article V, Section 33A of the Oklahoma Constitution . The Oklahoma Senate, though, retains
3577-472: The formation of committees. Parliaments are usually ensured with upholding the rule of law, verifying that public funds are used accountably and efficiently as well as make government processes transparent and actions so that they can be debated by the public and its representatives. Agora notes that parliamentary systems or political parties in which political leaders can influence or decide which members receive top jobs can lead to passivity amongst members of
3650-406: 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 the practice is uncommon. If reported by
3723-432: 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
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#17327725286943796-411: The highest number of votes for each seat are then declared duly elected. In the event of a tie, the legislature holds the power to break deadlocks. If two or more candidates have an equal number of votes, the legislature may elect one of them to office by means of a joint ballot. The non-legislative functions of the Oklahoma Legislature include the power to establish a state printing plant and provide for
3869-454: The house. 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 state senate to succeed the governor . The speaker has a role both as a leader of the House and the leader of the majority party. They are the presiding officer of the House, but may appoint another member to serve as the presiding officer in their absence. The presiding officer sits in
3942-513: The last Friday in May of each year. The first session cannot exceed 160 days. In odd numbered years 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 statewide 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,
4015-435: The legislature consists of a number of legislators who use some form of parliamentary procedure to debate political issues and vote on proposed legislation. There must be a certain number of legislators present to carry out these activities; this is called a quorum . Some of the responsibilities of a legislature, such as giving first consideration to newly proposed legislation, are usually delegated to committees made up of
4088-402: The less-populated rural counties form 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 single-member districts that are drawn to reflect equal populations. The political party with a majority of seats in
4161-406: The lower house. In some systems, particularly parliamentary systems , the upper house has less power and tends to have a more advisory role, but in others, particularly federal presidential systems , the upper house has equal or even greater power. In federations , the upper house typically represents the federation's component states. This is also the case with the supranational legislature of
4234-513: The members may be protected by parliamentary immunity or parliamentary privilege , either for all actions the duration of their entire term, or for just those related to their legislative duties. A legislature may debate and vote upon bills as a single unit, or it may be composed of multiple separate assemblies , called by various names including legislative chambers , debate chambers , and houses , which debate and vote separately and have distinct powers. A legislature which operates as
4307-422: The minority party elect a caucus leader known as the minority leader. The speaker appoints committee chairs and other leadership roles; the minority leader appoints corresponding minority party roles such as "ranking members" of committees. The Oklahoma Constitution does not specify the duties and powers of the Speaker of the Oklahoma House of Representatives. They are instead regulated by the rules and customs of
4380-512: The minority party: the minority leader and ranking members of committees. The Oklahoma Constitution provides that the lieutenant governor 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 only attends important ceremonial occasions like the swearing-in of new senators or when his vote is needed to break a tie. The constitution also authorizes state senators to elect
4453-407: The party and less challenging of leadership. Agora notes that this phenomenon is acute if the election of a member is dependant on the support of political leadership. In contrast to democratic systems, legislatures under authoritarianism are used to ensure the stability of the power structure by co-opting potential competing interests within the elites, which they achieve by: Each chamber of
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#17327725286944526-428: The party leadership desires. The political party 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 in the Oklahoma Senate . The next-largest party is known as the minority party. The president pro tem, floor leader and committee chairs represent the majority party; they have counterparts in
4599-596: The people from single member districts of equal population. The Oklahoma Legislature meets annually in the Oklahoma State Capitol in Oklahoma City . The Oklahoma Constitution vests all legislative powers of the state government in the state legislature, which exercises 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
4672-429: The power to amend or reject them. Bills go through multiple stages in each house. The first stage involves consideration by a standing committee , which has jurisdiction over a particular subject matter, such as agriculture or appropriations. The number of committees, their subject areas, their chairs and membership, and the bills assigned to them are designated by the Speaker of the Oklahoma House of Representatives in
4745-437: The powers of the Legislature. The state's legislative authority is vested within the state 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. The Oklahoma Legislature is authorized to pass laws as they are necessary for carrying into effect the Oklahoma Constitution. The legislature's power to legislate
4818-409: The principle of legislative supremacy , which holds that the legislature is the supreme branch of government and cannot be bound by other institutions, such as the judicial branch or a written constitution . Such a system renders the legislature more powerful. In parliamentary and semi-presidential systems of government , the executive is responsible to the legislature, which may remove it with
4891-474: 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 Oklahoma Senate and the Oklahoma House of Representatives are co-equal houses, but each chamber has exclusive powers. The Oklahoma Senate 's advice and consent is required for gubernatorial appointments to high-level executive positions. Bills for raising revenue may only originate in
4964-411: The right to vote in Oklahoma in 1918 through a constitutional amendment approved by voters. Legislators voted in 1923 to impeach Governor Jack C. Walton for trying to block the legislature from holding special session and administrative practices that included payroll padding, pardons, removal of college administrators, and a large increase in the governor's salary. Governor Henry S. Johnston became
5037-610: The same purpose of appointing officials to represent their citizens to determine appropriate legislation for the country. Among the earliest recognised formal legislatures was the Athenian Ecclesia . In the Middle Ages , European monarchs would host assemblies of the nobility, which would later develop into predecessors of modern legislatures. These were often named the Estates . The oldest surviving legislature
5110-413: The second governor to be impeached by legislators, with members of the Oklahoma House of Representatives voting eleven articles of impeachment against him, which ultimately led to his expulsion from office. In the 1930s, traditionally Republican counties shifted heavily towards Democrats, giving Democrats a large majority in the Legislature. Bipartisan opposition to deficit spending in the late 1930s led to
5183-501: The sine die adjournment day, or last day of session, as the last Friday in May. Combined with the 90-day requirement, this moved the session start day to February, leaving the original start day in January as an organizational day. Beginning in the 1960s, the Republican party made gains in voter registration and state legislative seats. By 1990, the party counted about a third of voters by registration and had similar representation in
5256-474: The speaker pro tempore are also ex officio voting members on 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 their 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 whips , who works to ensure that their party's members vote as
5329-519: Was turned into a hexacameral body in 1967. Legislatures vary widely in their size. Among national legislatures , China's National People's Congress is the largest with 2,980 members, while Vatican City 's Pontifical Commission is the smallest with 7. Neither legislature is democratically elected: The Pontifical Commission members are appointed by the Pope and the National People's Congress
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