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OKLAHOMA CONSTITUTION
ARTICLE V - LEGISLATIVE DEPARTMENT
SECTION V-
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- 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- 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- 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- 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
SECTION V-9A
Senatorial districts - Tenure. The state shall be apportioned into forty-eight senatorial districts in the following manner: the nineteen most populous counties, as determined by the most recent Federal Decennial Census, shall constitute nineteen senatorial districts with one senator to be nominated and elected from each district; the fifty-eight less populous counties shall be joined into twenty-nine two-county districts with one senator to be nominated and elected from each of the two-county districts. In apportioning the State Senate, consideration shall be given to population, compactness, area, political units, historical precedents, economic and political interests, contiguous territory, and other major factors, to the extent feasible. Each senatorial district, whether single county or multi-county, shall be entitled to one senator, who shall hold office for four years; provided that any senator, serving at the time of the adoption of this amendment, shall serve the full time for which he was elected. Vitalization of senatorial districts shall provide for one- half of the senators to be elected at each general election. Added by State Question No. 416, Referendum Petition No. 142, adopted at election held on May 26, 1964. SECTION V-10. 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-10A House of Representatives - Number of members - Formula - Tenure. The House of Representatives shall consist of the number of Representatives as determined by the formula and procedure set forth herein. The number of members of the House of Representatives to which each county shall be entitled shall be determined according to the following formula: a. The total population of the state as ascertained by the most recent Federal Decennial Census shall be divided by the number one hundred and the quotient shall be the ratio of representation in the House of Representatives, except as otherwise provided in this Article. b. Every county having a population less than one full ratio shall be assigned one Representative; every county containing an entire ratio but less than two ratios shall be assigned two Representatives; every county containing a population of two entire ratios but less than three ratios shall be assigned three Representatives; and every county containing a population of three
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,
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- 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
serving a Legislative term in office or who has been elected or appointed to serve a term in office on the effective date hereof shall be entitled to complete his or her term and shall be eligible to serve an additional 12 years thereafter. This amendment shall be effective on the 1st day of the year following its adoption. Added by State Question No. 632, Initiative Petition No. 346, adopted at election held on Sept. 18, 1990. SECTION V- Ineligibility - Federal and state officers - Conviction of felony. No person shall serve as a member of the Legislature who is, at the time of such service, an officer of the United States or State government, or is receiving compensation as such; nor shall any person be eligible to election to the Legislature, who has been adjudged guilty of a felony. SECTION V- Expelled member ineligible - Punishment not to bar indictment. A member of the Legislature expelled for corruption shall not thereafter be eligible to membership in either House. Punishment for contempt or disorderly conduct, or for any other cause, shall not bar an indictment for the same offense. SECTION V- Vacancies. The Governor shall issue writs of election to fill such vacancies as may occur in the Legislature. SECTION V- Conflict of interests prohibited - Board on Legislative Compensation. A. The Legislature shall enact laws to prohibit members of the Legislature from engaging in activities or having interests which conflict with the proper discharge of their duties and responsibilities. B. The Board on Legislative Compensation is hereby created. Said Board shall be composed of five members appointed by the Governor, two members appointed by the President Pro Tempore of the Senate, and two members appointed by the Speaker of the House of Representatives. The members appointed by the Governor shall be from religious organizations, communications media, nonstate-supported educational institutions, labor organizations, and retail business; the members appointed by the President Pro Tempore of the Senate shall be from agricultural and civic organizations; and the members appointed by the Speaker of the House of Representatives shall be from manufacturing and from professional fields not otherwise specified. No member of the Legislature may be appointed to or serve on the Board. In addition to the members above provided for, the
SECTION V-
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- 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- 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,
SECTION V- 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
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- 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- 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- 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- Elections by Legislature - Voting and entry in journal.
last reading, and the yeas and nays shall be entered upon the journal. SECTION V- Signing bills and resolutions - Entry on journal. The presiding officer of each House shall, in the presence of the House over which he presides, sign all bills and joint resolutions passed by the Legislature, immediately after the same shall have been publicly read at length, and the fact of reading and signing shall be entered upon the journal, but the reading at length may be dispensed with by a two-thirds vote of a quorum present, which vote, by yeas and nays, shall also be entered upon the journal. SECTION V- Extent of legislative authority - Specific grants not limitations. The authority of the Legislature shall extend to all rightful subjects of legislation, and any specific grant of authority in this Constitution, upon any subject whatsoever, shall not work a restriction, limitation, or exclusion of such authority upon the same or any other subject or subjects whatsoever. SECTION V- Printing plant and state printer. The Legislature shall have the power to establish a state printing plant, and to provide for the election or appointment of a State Printer. SECTION V- Geological and Economic Survey. The Legislature shall provide for the establishment of a State Geological and Economic Survey. SECTION V- Boards of Health, Dentistry and Pharmacy - Pure food commission - Present practitioners. The Legislature shall create a Board of Health, Board of Dentistry, Board of Pharmacy, and Pure Food Commission, and prescribe the duties of each. All physicians, dentists and pharmacists now legally registered and practicing in Oklahoma and Indian Territory shall be eligible to registration in the State of Oklahoma without examination or cost. SECTION V- Militia. The Legislature shall provide for organizing, disciplining, arming, maintaining, and equipping the Militia of the State.
SECTION V-
Firemen's pensions. The Legislature may enact laws authorizing cities to pension meritorious and disabled firemen. SECTION V- Contempt, disobedience of process and disorderly conduct. In any legislative investigation, either House of the Legislature, or any committee thereof, duly authorized by the House creating the same, shall have power to punish as for contempt, disobedience of process, or contumacious or disorderly conduct, and this provision shall also apply to joint sessions of the Legislature, and also to joint committees thereof, when authorized by joint resolution of both Houses. SECTION V- Decennial revision of laws. The Legislature shall, in the year nineteen hundred and nine and each ten years thereafter, make provision by law for revising, digesting, and promulgating the statutes of the State. SECTION V- Unlawful restraints of trade. 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, or composing any such monopoly, trust, or combination. SECTION V- Carrying Constitution into effect. The Legislature shall pass such laws as are necessary for carrying into effect the provisions of this Constitution. SECTION V- Local and special laws on certain subjects prohibited. The Legislature shall not, except as otherwise provided in this Constitution, pass any local or special law authorizing: The creation, extension, or impairing of liens; Regulating the affairs of counties, cities, towns, wards, or school districts; Changing the names of persons or places; Authorizing the laying out, opening, altering, or maintaining of roads, highways, streets, or alleys; Relating to ferries or bridges, or incorporating ferry or bridge companies, except for the erection of bridges crossing streams which form boundaries between this and any other state;
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- 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- 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- 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- 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- 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-
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- 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- 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- 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- Time of taking effect of statutes - Emergency measures.
conformity to equality and uniformity within the same classifications according to duration of service and remuneration received during such service. Added by State Question No. 306, Initiative Petition No. 221, adopted at special election held on July 14, 1942. SECTION V- Continuity of governmental operations in periods of emergency. The Legislature, in order to insure continuity of State and local governmental operations in periods of emergency resulting from disasters caused by enemy attack or in periods of emergency resulting from the imminent threat of such disasters, shall have the power and the immediate duty (1) to provide for prompt and temporary succession to the powers and duties of public offices, of whatever nature and whether filled by election or appointment, the incumbents of which may become unavailable for carrying on the powers and duties of such offices; and (2) to adopt such other measures as may be necessary and proper for so insuring the continuity of governmental operations. In the exercise of the powers hereby conferred, the Legislature shall in all respects conform to the requirements of this Constitution. Added by State Question No. 400, Referendum Petition No. 131, adopted at special election held on May 22, 1962. SECTION V-9(a). 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-9(b). 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.
