OK Legislature

OK Legislature

Summary

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 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 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 the Oklahoma House of Representatives. Bills approved by the legislature must be sent to the Governor of Oklahoma for approval.

Source: Wikipedia

OnAir Post: OK Legislature

News

For the first time in four years, Oklahoma legislators will not see a change in their pay.

The Legislative Compensation Board on Tuesday voted to maintain lawmakers’ current annual salary of $47,500.

Total annual compensation for most legislators is about $69,799 with the state’s 7% retirement contribution, benefits and per diem of $165 per day for the days the Oklahoma Legislature is in session, according to figures from the Office of Management and Enterprise Services.

A majority of the compensation board shot down a proposal to boost extra stipends for some legislative leaders, including House Speaker Charles McCall, R-Atoka, and Senate Pro Tem Greg Treat, R-Oklahoma City.

Certain legislative leaders receive additional pay on top of their base salary due to extra responsibilities and greater workload.

Lawmakers will be returning to the State Capitol this fall for a special session to carry out the once-a-decade task of redrawing legislative and congressional boundaries.

Gov. Kevin Stitt announced last week that he is calling lawmakers into a special session on Nov. 15 to solely focus on redistricting work that must be completed this year.

State officials originally hoped to finish months ago. A delay from the U.S. Census Bureau in delivering the data caused states, including Oklahoma, to scramble to finish in time for the 2022 elections.

The work will have far-reaching consequences. The final legislative and congressional boundaries will help define Oklahoma’s political landscape and, depending on how the lines are drawn, could give one party an advantage in key parts of the state.

Here’s what you need to know about the next steps, what lawmakers are facing and how the public can weigh in.

Capitol Watch: What the New Census Data Means For Oklahoma
Oklahoma Watch, Trevor BrownSeptember 16, 2021

Oklahoma lawmakers will be representing a much more diverse, urban-centric and larger population than in the past.

New Census data released Thursday reveals that Oklahoma grew its population by more than 200,000 over the past decade. That growth was hardly uniform.

As the map (above) shows, many rural counties lost a significant portion of their population during the past decade. But growth in the metro areas, namely Oklahoma City and Tulsa, has more than made up for those losses.

After jumping on a media briefing on Thursday put on by the Census Bureau, another big takeaway that caught my eye was how much the state has changed racially.

In 2010, more than two-thirds of the state (68.7%) identified as white alone. New Census figures show that percentage dropped to 60.8% in 2020. This was largely driven by an increase in people identifying as two or more races. The number of people identifying as Latino or Hispanic was also on the rise.

Myself and the rest of the Oklahoma Watch staff (including Rebecca Najera and Lionel Ramos, our new Report for America reporters who are focusing on race and equality) plan to dive deeper into the findings in the coming weeks and months.

The long-awaited Census data is not just important for illustrating new trends of the state’s racial, geographic and socio-economic demographics.

It also will be used by lawmakers to finish redrawing the state’s congressional districts during a special session planned later this year.

The Legislature redistricted legislative districts based on preliminary numbers earlier this year. But they may make tweaks or changes, depending on what the new information shows.

Examining the Impact: How Oklahoma’s New Laws Will Affect You
Oklahoma Watch, Trevor BrownMay 29, 2021

Oklahoma lawmakers closed this year’s legislative session this week after spending four months debating and voting on bills that will have lasting impacts.

Here’s a look at how different segments of Oklahoma’s population will feel the impact of some bills that the Legislature passed, or didn’t pass.

Taxpayers
The Big Impact: All Oklahomans will see their personal state income taxes go down slightly due to House Bill 2962. The new law, which takes effect Jan. 1, 2022, cuts individual income tax rates by 0.25%, by lowering the top rate from 5% to 4.75%.

About

Source: Wikipedia

History

Early years

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 the first Speaker of the Oklahoma House of Representatives.[1] The first three staff members appointed by Murray were a Union veteran, a Confederate veteran, and an African-American man, Jim Noble.[1] 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.[2]

The meeting place of the Oklahoma Legislature was moved to Oklahoma City in 1910.[3] 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.[3]

The 1921 session was also notable because it included Oklahoma’s first female state legislators, Representative Bessie McColgin and Senator Lamar Loomey.[4] This occurred shortly after women earned the right to vote in Oklahoma in 1918 through a constitutional amendment approved by voters.[5]

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.[6]

Governor Henry S. Johnston became 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.[7]

1930s-Present

In the 1930s, traditionally Republican counties shifted heavily towards Democrats, giving Democrats a large majority in the Legislature.[8] Bipartisan opposition to deficit spending in the late 1930s led to a 1941 constitutional amendment requiring legislators to pass a balanced budget.[9]

Oklahoma State Capitol in 1963.

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.[10]

In 1966, voters approved a ballot question that set up annual 90-day legislative sessions.[1] In 1989 another ballot question further limited session by designating the sine die adjournment day, or last day of session, as the last Friday in May.[1] 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.[1]

Beginning in the 1960s, the Republican party made gains in voter registration and state legislative seats.[11] By 1990, the party counted about a third of voters by registration and had similar representation in the Legislature.[11]

In 2010, Republicans gained a large majority of 32 seats in the Oklahoma Senate and 70 seats in the Oklahoma House of Representatives.[12]

Currently, Republicans have a supermajority in both chambers (72 of 101 seats in the House and 40 of 48 seats in the Senate).

Qualifications

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.[13] State legislators must also be qualified electors and residents in the district they represent during their time in office.[13] 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.[13]

Restrictions

The Oklahoma Constitution prohibits state legislators from also serving as another officer of the United States or Oklahoma state government.[14] A felony conviction also disqualifies election to the Oklahoma Legislature.[14]

The State Senate Chamber

A constitutional amendment approved by voters implemented a 12-year term limit, restricting legislators to a total of 12 years in the Oklahoma Legislature.[15] The 12-year term limit is a cumulative term limit of service in either chamber, consecutive or non-consecutive.[15] 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 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.[15]

The Oklahoma Legislature is constitutionally required to enact laws barring conflicts of interest for its members.[16] The Oklahoma Ethics Commission currently makes recommendations to state legislators regarding ethical restrictions.

In the event of a vacancy in the state legislature, the governor issues writs of election to fill such vacancies.

Membership

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 House seat. Now though, 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.

Current party composition

Senate

Officers[edit]

House officers[edit]

First floor rotunda of the Oklahoma State Capitol

The political party with a majority of seats in 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 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 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 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 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 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 the party leadership desires.

Senate officers

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 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 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. He or she is an ex officio voting member of state senate committees.

The presiding officer sits in a chair in the front of the Oklahoma Senate chamber. The powers of the presiding officer are limited; he or she acts as the Oklahoma Senate’s mouthpiece, performing duties such as announcing the results of votes. He or she controls debates by calling on members to speak; the rules, however, compel him to recognize the first state 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 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.

Powers

Section 1 of Article V of the Oklahoma Constitution sets forth 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.[17] The legislature’s power to legislate 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 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 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 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 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.

Legislative procedure

Term

Legislatures are identified by consecutive numbers and correspond with 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 the last Friday in May of each year.[18] The first session cannot exceed 160 days.[19] 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, 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-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 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 or she 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 state constitution permits the governor to settle the dispute.

Bills and resolutions

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 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 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 the House and the President Pro Tempore of the Oklahoma Senate in the Senate. Alternately, 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 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 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 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 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.

Quorum and voting

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 is requested, 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 Oklahoma Senate, the lieutenant governor may cast the tiebreaking vote.

Privileges

State legislators enjoy the privilege of being free from arrest for criminal charges, 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.

As of 2006 rank and file state legislators received a salary of $38,400.[20] The President Pro Tempore of the State Senate and the Speaker of the House of Representatives are paid an additional $17,932 annually.[20] The appropriations committee chairmen, majority floor leaders and the minority floor leaders of each house are paid an additional $12,364 per year.[20]

Board of Legislative Compensation

The Board of Legislative Compensation decides the amount of compensation paid to state legislators. The board is composed of five members appointed by the Governor of Oklahoma, two members appointed by the President pro tempore of the Oklahoma Senate, and two members 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 must be from agricultural and civic organization backgrounds and the members appointed by the speaker must have manufacturing or professional backgrounds.

State legislators are prohibited from serving on the board. In addition to the nine voting members, the chair of the Oklahoma Tax Commission and the director of the Oklahoma Office of State Finance serve as ex officio nonvoting members of the board. The chair of the board is designated by the governor. The members of the board serve without compensation, but do receive travel and subsistence expense reimbursements.

Every two years, the board reviews the compensation paid to state legislators and is empowered to change the compensation. Such a change becomes effective on the fifteenth day following the succeeding general election.

Notable past members

References

  1.  A Century to Remember Archived 2012-09-10 at the Wayback Machine, Oklahoma House of Representatives (accessed April 23, 2013)
  2.  Bruce, Michael L. “Hamlin, Albert Comstock (1881-1912),” Encyclopedia of Oklahoma History and Culture, Oklahoma Historical Society. (accessed April 17, 2013) Farmer, Rick, “Legislature“, Encyclopedia of Oklahoma History and Culture (accessed April 23, 2013).
  3.  Pappas, Christine. McColgin, Amelia Elizabeth Simison (1875-1972) Archived 2014-12-07 at the Wayback Machine, Encyclopedia of Oklahoma History and Culture (accessed May 9, 2013)
  4.  Reese, Linda W. Women, Encyclopedia of Oklahoma History and Culture (accessed May 9, 2013)
  5.  Brad L. Duren, “‘Klanspiracy’ or Despotism? The Rise and Fall of Governor Jack Walton, Featuring W. D. McBee,” Chronicles of Oklahoma 2002-03 80(4): 468-485
  6.  Burke, Bob. Johnston, Henry Simpson Archived 2013-07-05 at WebCite, Encyclopedia of Oklahoma History and Culture (accessed May 9, 2013)
  7.  Gaddie, Ronald Keith. “Republican Party“, Encyclopedia of Oklahoma History and Culture. (accessed April 23, 2013)
  8.  Everett, Dianna. Budget-Balancing Amendment Archived 2012-11-19 at the Wayback Machine, Encyclopedia of Oklahoma History and Culture (accessed May 11, 2013)
  9.  Hinton, Mick. Young, minority lawmakers highlight changes, Tulsa World, February 4, 2007 (accessed May 13, 2013)
  10.  Gaddie, Ronald Keith. “Democratic Party“, Encyclopedia of Oklahoma History and Culture. (accessed April 23, 2013)
  11.  McNutt, Michael. “Oklahoma’s legislative leaders pledge to work with Democrats“, The Oklahoman, November 7, 2010.
  12.  Article V, Section 17, Oklahoma Constitution Online (accessed May 27, 2013)
  13.   Article V, Section 18, Oklahoma Constitution Online (accessed May 27, 2013)
  14.   Article V, Section 17A, Oklahoma Constitution Online (accessed May 17, 2013)
  15.  Article V, Section 21, Oklahoma Constitution (accessed May 27, 2013)
  16.  Article V, Section 45, Oklahoma Constitution (accessed May 27, 2013)
  17.  Article V, Section 26, Oklahoma Constitution (accessed May 27, 2013)
  18.  Article V, Section 25, Oklahoma Constitution (accessed May 27, 2013)
  19.  2013 Legislative Manual, Oklahoma House of Representatives, p. 24. (accessed May 27, 2013)

External links

Wikipedia

The Oklahoma House of Representatives is the lower house of the legislature of the U.S. state of Oklahoma. Its members introduce and vote on bills and resolutions, provide legislative oversight for state agencies, and help to craft the state's budget. The upper house of the Oklahoma Legislature is the Oklahoma Senate.

The Oklahoma Constitution established the powers of the Oklahoma House of Representatives in 1907. Voters further amended those powers through constitutional referendums. One referendum required legislators to balance the annual state budget. Others specified the length and dates of the legislative session. Today, there are 101 House members, each representing a legislative district. District boundaries are redrawn every decade to ensure districts of equal population. Members must be 21 years of age at the time of election and a qualified elector and a resident of the legislative district to serve in the House. The state holds district elections every two years coincident with federal elections and special elections to fill vacant seats. The House meets from early February until the last Friday in May. Members elect a Speaker of the Oklahoma House of Representatives as the presiding officer and a Speaker Pro Tempore, who serves as the presiding officer in the absence of the speaker. Members organize in political party-based caucuses to develop partisan policy agendas.

After the 2022 election, Republicans hold a supermajority of the House seats in the 59th Oklahoma Legislature.

History

Early years

The Oklahoma Constitution established both the Oklahoma House of Representatives and Oklahoma Senate in 1907. It met in Guthrie until 1910.[1] William H. Murray was the first Speaker of the Oklahoma House of Representatives. Less than 50 legislative employees aided lawmakers in the first year.[2]

A weakening of the Democratic coalition leading up to the 1908 election allowed Republicans to make gains in the Oklahoma House. Republicans gained an even third of the legislative seats.[3] The largest gains came in Holdenville, Okmulgee, and Guthrie, each of which had a sizable African-American population.[3]

The Oklahoma Democratic lawmakers of the early 1900s opposed integration. The first legislature passed legislation that made it almost impossible for African-Americans to vote.[3] The legislature's first African-American member, A. C. Hamlin, served only one term, though he did gain the support of his fellow lawmakers to fund an African-American school in his district and create more equal accommodations for black and white railroad passengers.[4]

The Democratic Party also pushed to make Oklahoma City the capital over Guthrie, a Republican and African-American voting stronghold.[3]

In 1913, a House investigative committee forced the resignation of the state auditor and impeached the state printer and insurance commissioner.[2] The legislature at the time included Democratic members who were angry at then Governor Lee Cruce over his veto of a redistricting plan that would have gerrymandered Congressional districts and his attempt to remove public institutions established by earlier legislatures.[5] Cruce escaped an impeachment trial by one vote of the House investigative committee.[5]

Women earned the right to vote in Oklahoma in 1918 through a constitutional amendment approved by voters.[6] In 1920, Bessie S. McColgin became the first woman elected to the Oklahoma House of Representatives. A Republican, McColgin and her female colleague in the Oklahoma Senate, focused on the passage of public health bills, but failed in many of their efforts.[7]

After eight Democratic-controlled Legislatures, Republicans took the majority from 1921 to 1922 and elected George B. Schwabe as Speaker of the Oklahoma House of Representatives.[8] The Republican-dominated House brought impeachment charges against Lieutenant Governor Martin Trapp and narrowly failed to approve impeachment charges against both the state treasurer and Oklahoma Governor James Roberts. The Democratic-dominated Senate did not sustain the impeachment charges against Trapp.[9]

Members of the Oklahoma House of Representatives voted eleven articles of impeachment against Governor Henry S. Johnston, which led to his expulsion from office.[10]

1930s through 1950s

A severe drought beginning in 1932 in western Oklahoma combined with land consolidation and mechanization in eastern Oklahoma drove farmers out of the state and left others in economic distress.[11] Legislatures of the 1930s battled with governors William H. Murray and Ernest W. Marland, targeting Murray's efforts to generate relief for farmers and Marland's proposals to create a state public works program, reform the tax code and create unemployment insurance.[11] Lawmakers did enact an old age pension system funded by a dedicated sales tax.[11] The rejection of providing state matching funds for New Deal projects resulted in fewer projects.[11] A conservative reaction developed in Oklahoma in the late 1930s and rejected further New Deal programs.[11]

In 1941, Governor Leon C. Phillips pushed the state legislature to send a constitutional amendment to voters to force the Oklahoma House of Representatives to approve a balanced budget each year.[12] Ever since voters approved the state question, the state legislature has been constitutionally required to pass a balanced budget.

The number of Republican Party seats in the Oklahoma House of Representatives plummeted in the 1930s.[13]

1960s to present

The legislative sessions held by the Oklahoma House of Representatives and Oklahoma Senate changed due to two key legislative reforms in 1966 and 1989. In 1966, Oklahomans voted to institute 90-day annual sessions.[14] An initiative petition championed by Governor Henry Bellmon in 1989 further required the legislative sessions to end by 5 p.m. on the last Friday in May.[2]

After earlier attempts to raise legislative pay failed, voters approved a state question in 1968 to create a board to set legislative compensation. It set compensation at $8,400 that year.[2]

State legislators enacted Oklahoma's open meeting and open records laws in 1977, but made the Oklahoma House of Representatives exempt.[15]

A shift in the behavior of Oklahoma voters occurred, beginning in the 1960s. Registered Democrats began to more often vote Republican at the federal level and later at state level. As partisan debate became more polarizing, southern states including Oklahoma abandoned old voting patterns of supporting the Democratic party.[16] After the 2004 Presidential Election, Republicans gained control of the House for the first time since 1921.[17] In 2010, Republicans gained a large majority of 70 seats in the Oklahoma House of Representatives.[18] Following the 2018 general election, Republicans gained the largest majority in state history with 76 of the 101 seats. This also includes the largest ever freshman class, with 46 new representatives.[19]

Powers and legislative process

The Oklahoma House and the Oklahoma Senate are responsible for introducing and voting on bills and resolutions, providing legislative oversight for state agencies, and helping to craft the state's budget.[1] Every ten years, legislators are responsible for designating new district boundaries for state electoral districts, along with Congressional districts. The governor must sign these bills into law, or a statewide panel convenes to draw the disputed lines.[20]

Legislators, with staff support, develop and file bills prior to the legislative session. Bill sponsors submit requests for bill drafting to the professional staff of the Oklahoma House of Representatives. The staff ensure bills have proper legal language and meet constitutional requirements. The bills are filed electronically with the Clerk of the House's office by a designated filing deadline. Since 1999, members of the Oklahoma House are limited to a maximum of eight bills that will receive a hearing.[21]

A proposal may be introduced as a bill, a joint resolution, a concurrent resolution, or a simple resolution.[22] Legislators use joint resolutions to propose a constitutional amendment. 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 approving house of houses, or to regulate procedure. Article 5 Section 33 of the Oklahoma Constitution requires bills for raising revenue to originate in the Oklahoma House.

Oklahoma State Capitol
Chamber of the Oklahoma House of Representatives

The Oklahoma House meets in regular session in the west wing of the Oklahoma State Capitol in Oklahoma City, from the first Monday in February to the last Friday in May. Special sessions may be called by the governor, or by a written call signed by two-thirds of the members of each chamber of the Legislature.

Bills receive a First Reading when they are published in the House Journal. They then undergo a Second Reading upon assignment to committee. The committee system is designed to screen out legislation that is, in the committee's judgment, unnecessary or not ready for passage.[21]

Committees either stop the progress of a bill or approve it for consideration on the floor of the House. When a bill is called up on the floor, either the principal author or a designated member will be recognized for the explanation of the bill. Typically, after questions from other members, the bill is advanced to Third Reading and a vote is taken on final passage.[21]

Fifty-one votes are required for bill passage on the floor of the Oklahoma House. Lawmakers also vote on whether or not to make the bill effective upon signature of the governor, which requires a two-thirds majority. Action on the floor is recorded in the House Journal.[21]

Once approved on Third Reading, which is the name for this stage of the floor process, approved bills are sent to the Oklahoma Senate. If amended, bills will return to the Oklahoma House of Representatives for an acceptance of the Senate amendment(s) or to work out the differences in a conference committee, but can go directly to the governor after Senate passage.[21]

The Oklahoma House is not subject to the state's open meeting and open records laws due to provisions to exempt the state legislature in the 1977-enacted laws.[15]

Party composition

8120
RepublicanDemocratic
AffiliationParty
(Shading indicates majority caucus)
Total
RepublicanDemocraticVacant
54th Legislature72291010
55th Legislature71301010
Begin 56th Legislature75261010
End 56th Legislature7227992
Begin 57th Legislature76251010
December 6, 2018[23]77241010
Begin 58th Legislature82191010
January 21, 2022[24]82181001
Begin 59th Legislature81201010
September 1, 2023[25]801001
February 21, 2024[26]811010
Latest voting share80%20%

Current members

Oklahoma House of Representatives districts after the November 6, 2018 elections.
DistrictRepresentativePartyResidenceFirst elected
1Eddy DempseyRepublicanValliant2020
2Jim OlsenRepublicanSallisaw2018
3Rick WestRepublicanHeavener2020
4Bob Ed Culver Jr.RepublicanTahlequah2020
5Josh WestRepublicanGrove2016
6Rusty CornwellRepublicanVinita2018
7Steve BashoreRepublicanMiami2020
8Tom GannRepublicanInola2016
9Mark LepakRepublicanClaremore2014
10Judd StromRepublicanCopan2018
11John KaneRepublicanBartlesville2022
12Kevin McDugleRepublicanBroken Arrow2016
13Neil HaysRepublicanChecotah2022
14Chris SneedRepublicanFort Gibson2018
15Randy RandlemanRepublicanEufaula2018
16Scott FetgatterRepublicanOkmulgee2016
17Jim GregoRepublicanMcAlester2018
18David SmithRepublicanMcAlester2018
19Justin HumphreyRepublicanLane2016
20Sherrie ConleyRepublicanNewcastle2018
21Cody MaynardRepublicanDurant2022
22Charles McCallRepublicanAtoka2013
23Terry O'DonnellRepublicanCatoosa2013
24Chris BanningRepublicanBixby2022
25Ronny JohnsRepublicanAda2018
26Dell KerbsRepublicanShawnee2016
27Danny SterlingRepublicanWanette2018
28Danny WilliamsRepublicanSeminole2020
29Kyle HilbertRepublicanDepew2016
30Mark LawsonRepublicanSapulpa2016
31Collin DuelRepublicanGuthrie2022
32Kevin WallaceRepublicanWellston2014
33John TalleyRepublicanCushing2018
34Trish RansonDemocraticStillwater2018
35Ty BurnsRepublicanMorrison2018
36John GeorgeRepublicanNewalla2022
37Ken LuttrellRepublicanPonca City2018
38John PfeifferRepublicanOrlando2014
39Erick HarrisRepublicanEdmond2024
40Chad CaldwellRepublicanEnid2014
41Denise Crosswhite HaderRepublicanEnid2018
42Cynthia RoeRepublicanPurcell2018
43Jay SteagallRepublicanYukon2018
44Jared DeckDemocraticNorman2022
45Annie MenzDemocraticNorman2022
46Jacob RosecrantsDemocraticNorman2017
47Brian HillRepublicanMustang2018
48Tammy TownleyRepublicanArdmore2018
49Josh CantrellRepublicanKingston2022
50Marcus McEntireRepublicanDuncan2016
51Brad BolesRepublicanMarlow2018
52Gerrid KendrixRepublicanAltus2020
53Mark McBrideRepublicanMoore2013
54Kevin WestRepublicanMoore2016
55Nick ArcherRepublicanElk City2022
56Dick LoweRepublicanAmber2013
57Anthony MooreRepublicanWeatherford2020
58Carl NewtonRepublicanWoodward2016
59Mike DobrinskiRepublicanKingfisher2020
60Rhonda BakerRepublicanYukon2016
61Kenton PatzkowskyRepublicanBalko2018
62Daniel PaeRepublicanLawton2018
63Trey CaldwellRepublicanLawton2018
64Rande WorthenRepublicanLawton2016
65Toni HasenbeckRepublicanElgin2018
66Clay StairesRepublicanSkiatook2022
67Jeff BoatmanRepublicanTulsa2018
68Lonnie SimsRepublicanTulsa2018
69Mark TedfordRepublicanTulsa2022
70Suzanne SchreiberDemocraticTulsa2022
71Amanda SwopeDemocraticTulsa2022
72Monroe NicholsDemocraticTulsa2016
73Regina GoodwinDemocraticTulsa2015
74Mark VancurenRepublicanOwasso2018
75T. J. MartiRepublicanTulsa2018
76Ross FordRepublicanBroken Arrow2017
77John WaldronDemocraticTulsa2018
78Meloyde BlancettDemocraticTulsa2016
79Melissa ProvenzanoDemocraticTulsa2018
80Stan MayRepublicanBroken Arrow2018
81Mike OsburnRepublicanEdmond2016
82Nicole MillerRepublicanOklahoma City2018
83Eric RobertsRepublicanOklahoma City2020
84Tammy WestRepublicanBethany2016
85Cyndi MunsonDemocraticOklahoma City2015
86David HardinRepublicanStilwell2018
87Ellyn HefnerDemocraticOklahoma City2022
88Mauree TurnerDemocraticOklahoma City2020
89Arturo Alonso-SandovalDemocraticOklahoma City2022
90Jon EcholsRepublicanOklahoma City2013
91Chris KannadyRepublicanOklahoma City2014
92Forrest BennettDemocraticOklahoma City2016
93Mickey DollensDemocraticOklahoma City2016
94Andy FugateDemocraticOklahoma City2018
95Max WolfleyRepublicanOklahoma City2020
96Preston StinsonRepublicanEdmond2020
97Jason LoweDemocraticOklahoma City2016
98Dean DavisRepublicanBroken Arrow2018
99Ajay PittmanDemocraticOklahoma City2018
100Marilyn StarkRepublicanOklahoma City2018
101Robert MangerRepublicanChoctaw2018

Notable past members

Organization

Leadership in the state House begins two leaders elected by their fellow lawmakers - the Speaker of the Oklahoma House of Representatives and Speaker Pro Tempore.[1] Party caucuses play a major role in this process by nominating candidates for key leadership positions.[27]

The speaker appoints a majority floor leader and a majority whip. The majority floor leader sets the floor calendar during session.[28] The duties of the majority whip are to assist the floor leader, ensure member attendance, count votes, and communicate the majority position on issues.[28]

The speaker also names assistant floor leaders, assistant whips, and caucus officers. Additionally, the minority party caucus elects a minority leader. The minority leader develops caucus positions, negotiates with the majority party caucus, and directs minority caucus activities on the chamber floor.[28]

The speaker appoints committee and subcommittee chairs and vice chairs.[1] The majority floor leader selects an informal team that assists with management of legislation on the House Floor.[1]

As of November 2018, The Oklahoma House of Representatives has 22 committees and 10 subcommittees.[29]

A non-partisan staff provides professional services for members of the Oklahoma House of Representatives in addition to the Oklahoma Legislative Service Bureau. Individual members are also assisted by partisan staff members, and those in leadership positions have additional partisan staff.[2] Committees are staffed primarily by research, fiscal and legal staff. The current Clerk of the House is Jan B. Harrison.[30]

Membership

A.C. Hamlin, the first black member of the Oklahoma House of Representatives.

Terms and qualifications

In order to file for election to the Oklahoma House of Representatives, one must be 21 years of age at the time of their election and a qualified elector and resident of their legislative district.[31] Officers of the United States or state government and individuals who have been adjudged guilty of a felony are not eligible to election to the Oklahoma Legislature. If a member of the Oklahoma Legislature is expelled for corruption, they are not eligible to return to legislative office.[32]

State representatives serve a two-year term and are limited to six terms or 12 years. No member of the Oklahoma House of Representatives can serve more than 12 years in the Oklahoma Legislature. A term-limited member can not run for election to the Senate as both Representative terms and Senate terms are added together in determining the total number of Legislative years in office.[33]

Salaries and benefits

Members of the Oklahoma House of Representatives receive $38,400 in annual pay.[34] The Speaker of the Oklahoma House of Representatives receives $56,332 in annual pay. The Speaker Pro Tempore, minority leader and appropriations chair receive $50,764 in annual pay.[34] Pay is set by a nine-member state board appointed by the governor, Speaker, and President Pro Tempore of the Oklahoma Senate.[34]

State legislators can seek reimbursement for expenses related to meals, lodging, and travel related to their duties at any point during the year. They have access to benefits, including health and life insurance and retirement savings plans.[34]

Current makeup

As of November 2018, members of the Republican Party hold a supermajority in the House, or three-fourths seats. There are 77 Republicans and 24 Democrats.[35]

Representation

Originally, the House was apportioned according to a method spelled out in the state constitution, in which each county formed a legislative district. Representation was determined by taking the total population of the state, according to the most recent federal census, and that number was divided by one hundred, with the quotient equaling one ratio. Counties having a population less than one full ratio received one Representative; every county containing an entire ratio but less than two ratios was to be assigned two Representatives; every county containing a population of two entire ratios but less than three ratios was to be assigned three Representatives; and every county containing a population of three entire ratios but less than four ratios was to be assigned four Representatives. After the first four Representatives, a county was to qualify for additional representation on the basis of two whole ratios of population for each additional Representative.

In 1964, the United States Supreme Court ruled that this method violated the federal constitution, as it resulted in districts having wildly different populations. State lawmakers implemented a new method that continues to be used today. The Oklahoma House of Representatives must draw new district boundaries within 90 days of the latest Federal Decennial Census. Under the holding of Reynolds v. Sims, 377 U.S. 533 (1964) districts must be apportioned within a five percent margin of the average target size district as determined by the U.S. Census population figures divided by the one hundred and one districts. This allows for certain districts to be slightly smaller or larger than others. The Oklahoma House of Representatives draws its own maps of its district lines, which are subject to the approval of both the state senate and the governor. Should the redistricting not occur in the time limits prescribed by law, the lines are determined by a panel of five statewide elected officials.

Leadership

OfficeOfficerPartySince
Speaker of the HouseCharles McCallRep2017
Speaker Pro TemporeKyle HilbertRep2022

[36]

Past composition of the House of Representatives

See also

References

  1. ^ a b c d e Farmer, Rick, "Legislature", Archived 2015-01-17 at the Wayback Machine" Encyclopedia of Oklahoma History and Culture Archived May 31, 2010, at the Wayback Machine (accessed June 23, 2010).
  2. ^ a b c d e "A Century to Remember" Archived 2012-09-10 at the Wayback Machine, Oklahoma House of Representatives (accessed April 24, 2013)
  3. ^ a b c d Scales, James R. and Danny Goble (1982). Oklahoma Politics: A History, University of Oklahoma Press, Norman, p. 41-58.
  4. ^ Bruce, Michael L. "Hamlin, Albert Comstock (1881-1912)", Encyclopedia of Oklahoma History and Culture, Oklahoma Historical Society. (accessed April 17, 2013)
  5. ^ a b Gibson, Arrell Morgan (1972). Harlow's Oklahoma History, Sixth Ed. Harlow Publishing Corporation, Norman. OCLC 3404748
  6. ^ Reese, Linda W. Women, Encyclopedia of Oklahoma History and Culture (accessed May 9, 2013)
  7. ^ Pappas, Christine. McColgin, Amelia Elizabeth Simison (1875-1972 Archived 2014-12-07 at the Wayback Machine, Encyclopedia of Oklahoma History and Culture (accessed May 9, 2013)
  8. ^ Hannemann, Carolyn G. Schwabe, George Blaine (1886-1952) Archived 2012-11-19 at the Wayback Machine, Encyclopedia of Oklahoma History and Culture. (accessed April 29, 2013)
  9. ^ O'Dell, Larry. Robertson, James Brooks Ayers (1871-1938) Archived 2013-10-05 at the Wayback Machine, Encyclopedia of Oklahoma History and Culture Archived April 16, 2009, at the Wayback Machine (accessed May 11, 2013)
  10. ^ Burke, Bob. Johnston, Henry Simpson Archived 2013-07-05 at WebCite, Encyclopedia of Oklahoma History and Culture Archived April 16, 2009, at the Wayback Machine (accessed May 9, 2013)
  11. ^ a b c d e Bryant Jr., Keith L. New Deal, Encyclopedia of Oklahoma History and Culture Archived April 16, 2009, at the Wayback Machine (accessed May 9, 2013)
  12. ^ Hudson, Geneva Johnston (AuthorHouse, 2005). Statesman or Rogue: Elected to Serve.ISBN 1-4208-2503-8
  13. ^ Gaddie, Ronald Keith. Republican Party Archived 2011-09-03 at the Wayback Machine, Encyclopedia of Oklahoma History and Culture Archived April 16, 2009, at the Wayback Machine (accessed May 9, 2013)
  14. ^ Kirkpatrick, Samuel A. (Norman: University of Oklahoma Press, 1978). The Legislative Process in Oklahoma, p. 8.ISBN 0-8061-1421-5
  15. ^ a b Dean, Bryan. Oklahoma legislators consider making themselves subject to openness laws, Oklahoman, March 11, 2012. (accessed March 28, 2022)
  16. ^ Kirkpatrick, Samuel A., David R. Morgan and Thomas G. Kielhorn (Norman: University of Oklahoma Press, 1977. The Oklahoma Voter.ISBN 0-8061-1391-X
  17. ^ McNutt, Michael. "Republicans select speaker designate" http://newsok.com/republicans-select-speaker-designate/article/2969390, The Oklahoman November 10, 2006.
  18. ^ McNutt, Michael. "Oklahoma's legislative leaders pledge to work with Democrats", The Oklahoman, November 7, 2010.
  19. ^ "Oklahoma House of Representatives elections, 2018". Ballotpedia.
  20. ^ Redistricting, Oklahoma House of Representatives (accessed May 14, 2013)
  21. ^ a b c d e "Course of Bills", Oklahoma House of Representatives (accessed April 19, 2013)
  22. ^ Kirkpatrick, Samuel A. (Norman: University of Oklahoma Press, 1978). The Legislative Process in Oklahoma, p. 109-111.ISBN 0-8061-1421-5
  23. ^ "Oklahoma state representative changes party affiliation". kfor.com. December 6, 2018.
  24. ^ "Oklahoma House Rep resigns over inappropriate actions". 20 January 2022.
  25. ^ "Oklahoma Rep. Ryan Martinez to resign from office following plea". 19 August 2023.
  26. ^ "Harris Sworn in to Serve Oklahoma House District 39". 21 February 2024.
  27. ^ "Legislative Organization", Inside the Legislative Process, National Conference of State Legislatures. (accessed January 3, 2014)
  28. ^ a b c "Legislative Organization: Legislative Leaders", Inside the Legislative Process, National Conference of State Legislatures. (accessed January 3, 2014)
  29. ^ http://www.okhouse.gov/Media/News_Story.aspx?NewsID=5174 , (accessed January 17, 2017).
  30. ^ "Legislative Committee Structure and Staffing Patterns", Southern Legislative Conference. (accessed January 3, 2014)
  31. ^ Article V, Section 17: Age - Qualified electors - Residents, Constitution of the State of Oklahoma at Oklahoma Legal Research System, University of Oklahoma College of Law (accessed May 3, 2010).
  32. ^ Section V-19: Expelled member ineligible - Punishment not to bar indictment, Constitution of the State of Oklahoma at Oklahoma Legal Research System, University of Oklahoma College of Law (accessed May 3, 2010).
  33. ^ Section V-17A: Limitation of time served in the Legislature, Constitution of the State of Oklahoma at Oklahoma Legal Research System, University of Oklahoma College of Law (accessed May 3, 2010).
  34. ^ a b c d 2013 Legislative Manual, Oklahoma House of Representatives, p. 24. (accessed May 16, 2013)
  35. ^ "Membership". Oklahoma House of Representatives. Retrieved July 17, 2018.
  36. ^ "House Leadership". Retrieved 12 April 2021.

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