Old | New | Differences | |
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1 | - | Resolution | |
2 | - | ENROLLED HOUSE | |
3 | - | RESOLUTION NO. 1002 By: Hilbert, Lawson, Bashore, | |
4 | - | West (Tammy), Pfeiffer, | |
5 | - | Cantrell, Pae, Archer, | |
6 | - | Hill, Kannady, Stinson, | |
7 | - | Fetgatter, Moore, Harris, | |
8 | - | Gise, Kerbs, Ford, Boles, | |
9 | - | West (Kevin), Banning, | |
10 | - | Osburn, Grego, Hardin, | |
11 | - | Newton, Duel, Kane, Jo hns, | |
12 | - | Dempsey, Luttrell, | |
13 | - | Patzkowsky, Caldwell | |
14 | - | (Trey), Miller, Burns, and | |
15 | - | Strom | |
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28 | + | STATE OF OKLAHOMA | |
29 | + | ||
30 | + | 1st Session of the 60th Legislature (2025) | |
31 | + | ||
32 | + | HOUSE | |
33 | + | RESOLUTION 1002 By: Hilbert | |
34 | + | ||
35 | + | ||
36 | + | ||
37 | + | ||
38 | + | AS INTRODUCED | |
20 | 39 | ||
21 | 40 | A Resolution relating to the Rules of the Oklahoma | |
22 | 41 | House of Representatives . | |
23 | 42 | ||
24 | 43 | ||
25 | 44 | ||
26 | 45 | ||
27 | 46 | BE IT RESOLVED BY THE HOUSE OF REPRESENTATI VES OF THE 1ST SESSION OF | |
28 | 47 | THE 60TH OKLAHOMA LEGISLATURE: | |
29 | - | ||
30 | 48 | STATEMENT OF AUTHORITY | |
31 | - | ||
32 | 49 | Pursuant to Article V, Section 30 of the Oklahoma Constitution, | |
33 | 50 | the Oklahoma House of Representatives adopts the following rules to | |
34 | 51 | govern its operations and procedures. The provisions of these rules | |
35 | 52 | shall be deemed the only requirements binding upon the Hous e of | |
36 | 53 | Representatives under Article V, Section 30 of the Oklahoma | |
37 | 54 | Constitution, notwithstanding any other requirements expressed in | |
38 | 55 | statute. | |
39 | - | ||
40 | 56 | RULE ONE | |
41 | - | ||
42 | 57 | DUTIES AND RIGHTS OF TH E SPEAKER | |
43 | - | ||
44 | 58 | 1.1 – Convening | |
45 | - | ENR. H. R. NO. 1002 Page 2 | |
46 | 59 | (a) Except as provided in paragraph (b) and (c) of this | |
47 | 60 | section, the Speaker of the House, or designee, shall convene the | |
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48 | 87 | House of Representatives on the day and at the hour to which the | |
49 | 88 | House was adjourned on the previous legis lative day. | |
50 | - | ||
51 | 89 | (b) Upon taking the chair, the Speaker shall call the House to | |
52 | 90 | order and, except in the absence of a quorum, proceed under the | |
53 | 91 | customary categories of legislative business set forth in these | |
54 | 92 | rules. | |
55 | - | ||
56 | 93 | (c) The Speaker is authorized to convene the House other than | |
57 | 94 | the time the House adjourned to, in times of necessity, as | |
58 | 95 | determined by the Speaker. | |
59 | - | ||
60 | 96 | (d) The Speaker may designate any other member of the House to | |
61 | 97 | serve as the presiding officer, but such designation shall not last | |
62 | 98 | beyond that day’s ad journment. | |
63 | - | ||
64 | 99 | 1.2 – Voting Rights of the Presiding Officer | |
65 | - | ||
66 | 100 | The Speaker shall have the s ame right as other members to vote. | |
67 | 101 | On all questions on which ayes and nays are taken, the Speaker shall | |
68 | 102 | vote under the title “Speaker”. | |
69 | - | ||
70 | 103 | 1.3 – Preservation of Order and De corum | |
71 | - | ||
72 | 104 | (a) The Speaker shall preserve order and decorum. In case of | |
73 | 105 | any disturbance or disorderly conduct in the Hall of the House of | |
74 | 106 | Representatives or in other areas of the Capitol assigned to the | |
75 | 107 | House, the Speaker shall have the power to order the Hal l of the | |
76 | 108 | House of Representatives or areas of the Capitol assigned to the | |
77 | 109 | House to be cleared or direct any other action necessary to preserve | |
78 | 110 | order and decorum. | |
79 | 111 | ||
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80 | 137 | (b) Appearances or presentations by school or other groups | |
81 | 138 | shall not be permitted on the floo r of the House during legislative | |
82 | 139 | deadline weeks, except as authorized by the Speaker. | |
83 | - | ||
84 | 140 | 1.4 – Referral of Legislation | |
85 | - | ||
86 | 141 | (a) All proposed legislation, as governed by Rule 8.3 (b), if | |
87 | 142 | not referred directly to the General Order category of the House | |
88 | 143 | Calendar, shall be referred by the Speaker to an appropriate | |
89 | 144 | standing or special committee. | |
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91 | 145 | (b) Prior to the time a bill or resolution is taken up for | |
92 | 146 | consideration by a committee or subcommittee, the Speaker may | |
93 | 147 | reassign such bill or resolution. | |
94 | - | ||
95 | 148 | 1.5 – Speaker to Sign Bills, Resolutions, and Papers | |
96 | - | ||
97 | 149 | (a) The Speaker, or a member of the House designated by the | |
98 | 150 | Speaker, shall sign all bills and resolutions passed by the | |
99 | 151 | Legislature. | |
100 | - | ||
101 | 152 | 1. The signatures required by this section shall be executed | |
102 | 153 | either by physical signatu re or by electronic signature as | |
103 | 154 | determined by the Speaker. | |
104 | - | ||
105 | 155 | 2. The certifications required by this section shall be made | |
106 | 156 | while the House is in session and shall be made a matter of record | |
107 | 157 | in the House Journal. | |
108 | - | ||
109 | 158 | (b) The Speaker shall sign all subpoenas, warrants, writs, | |
110 | 159 | vouchers for expenditures chargeable to the House, contracts binding | |
111 | 160 | upon the House, or other papers issued by the House. The Speaker | |
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112 | 187 | may delegate the authority to sign papers authorizing payments and | |
113 | 188 | other papers of an administrative nat ure. | |
114 | - | ||
115 | 189 | 1.6 – Authorization of Counsel | |
116 | - | ||
117 | 190 | (a) The Speaker may authorize or engage legal c ounsel on behalf | |
118 | 191 | of the House, a committee of the House, a member, or former member | |
119 | 192 | of the House in his or her legal capacity as a member, or an | |
120 | 193 | officer, employee or agent of the House in their official capacity | |
121 | 194 | when the Speaker determines that such action would be in the best | |
122 | 195 | interest of the House of Representatives. In compliance with the | |
123 | 196 | requirements contained in paragraph (b) of this section, expenses | |
124 | 197 | incurred for legal services authorized by these Rules may be paid | |
125 | 198 | upon approval of the Speaker. | |
126 | - | ||
127 | 199 | (b) If a claim arising from allegations of unlawful | |
128 | 200 | discrimination, as defined in federal law, is made against the House | |
129 | 201 | of Representatives itself or against a committee of the House, a | |
130 | 202 | member, or former member of the House in his or her legal capacity | |
131 | 203 | as a member, or an officer, employee, or agent of the House in their | |
132 | 204 | official capacity, the Speaker shall not enter into a settlement | |
133 | 205 | agreement on behalf of the House that requires the expenditure of | |
134 | - | House funds in excess of Fifteen Thousand Dollars ($15,000.00) | |
206 | + | House funds in excess of Fifteen Thousand Dollars ($15,000.00) | |
135 | 207 | without first receiving the approval of a committee appointed | |
136 | 208 | pursuant to Rule 1.8. | |
137 | - | ||
138 | 209 | 1.7 – Supervision of the House | |
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139 | 235 | ||
140 | 236 | (a) The Speaker shall have general supervision over the H all of | |
141 | 237 | the House and the areas of the Capitol building assigned to the | |
142 | 238 | House of Representatives. | |
143 | - | ||
144 | 239 | (b) The Speaker shall assign committee rooms to the various | |
145 | 240 | standing, special, joint, and standing conference committees. | |
146 | - | ||
147 | 241 | (c) The Speaker may reserve a porti on of the gallery for former | |
148 | 242 | members of the House, former members of the Senate, and the families | |
149 | 243 | of members of the House and their guests. | |
150 | - | ||
151 | 244 | 1.8 – Standing, Special, and Joint Committees | |
152 | - | ||
153 | 245 | (a) The Speaker shall create, abolish, and establish the | |
154 | 246 | jurisdiction of all standing committees, oversight committees, | |
155 | 247 | policy committees, special committees, and subcommittees of the | |
156 | 248 | House of Representatives. | |
157 | - | ||
158 | 249 | (b) The Speaker shall appoint the chairpersons and vice – | |
159 | 250 | chairpersons of all standing committees, oversight commi ttees, | |
160 | 251 | policy committees, special committees, and subcommittees of the | |
161 | 252 | House of Representatives and shall appoint the co –chairpersons and | |
162 | 253 | co–vice–chairpersons from the House for any joint committees of the | |
163 | 254 | Legislature. | |
164 | - | ||
165 | 255 | (c) The Speaker shall appoint the membership of all standing | |
166 | 256 | committees, oversight committees, policy committees, special | |
167 | 257 | committees, and subcommittees of the House of Representatives and | |
168 | 258 | shall appoint the members constituting the House’s delegation to any | |
169 | 259 | joint committees of the Legislat ure. | |
170 | 260 | ||
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171 | 286 | (d) All chairpersons, co –chairpersons, vice–chairpersons, co– | |
172 | 287 | vice–chairpersons, and members of any House committee, subcommittee, | |
173 | 288 | or joint committee shall serve at the pleasure of the Speaker. | |
174 | - | ||
175 | 289 | (e) The Speaker shall be an ex officio voting member of all | |
176 | 290 | standing, oversight, policy, special, and joint committees. | |
177 | - | ||
178 | 291 | (f) The Speaker shall have the authority to release a measure | |
179 | - | from the jurisdiction of a policy committee and assign the measure | |
292 | + | from the jurisdiction of a policy committee and assign the measure | |
180 | 293 | to the Rules Committee. If the Speaker releases and assigns a | |
181 | 294 | measure pursuant to the provisions of this paragraph, the measure | |
182 | 295 | shall not be re-assigned to a policy committee except upon the | |
183 | 296 | express written approval of the Speaker which approval shall be | |
184 | 297 | communicated to the Chair of the Rules Committee. | |
185 | - | ||
186 | 298 | 1.9 – Conference Committees | |
187 | - | ||
188 | 299 | (a) The Speaker shall create, abolish, and establish the | |
189 | 300 | jurisdiction of all standing and special conference committees of | |
190 | 301 | the House of Representatives. | |
191 | - | ||
192 | 302 | (b) Upon creation of a conference committee, the Speaker shall | |
193 | 303 | appoint the chairperson, vice–chairperson, and membership of the | |
194 | 304 | conference committee. | |
195 | - | ||
196 | 305 | (c) The Speaker shall be an ex officio voting member of all | |
197 | 306 | conference committees. | |
198 | - | ||
199 | 307 | RULE TWO | |
200 | - | ||
201 | 308 | SPEAKER PRO TEMPORE | |
202 | - | ||
203 | 309 | 2.1 – Convening | |
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204 | 335 | ||
205 | 336 | (a) In the absence of the Speaker, the Speaker Pro Tempore , as | |
206 | 337 | presiding officer, shall convene the House of Representatives on the | |
207 | 338 | day and at the hour to which the House was adjourned on the previous | |
208 | 339 | legislative day. | |
209 | - | ||
210 | 340 | (b) Upon taking the chair, the Speaker Pro Tempore shall call | |
211 | 341 | the House to order and, except i n the absence of a quorum, proceed | |
212 | 342 | under the order of business adopted by the House. | |
213 | - | ||
214 | 343 | (c) In the absence of the Speaker, the Speaker Pro Tempore may | |
215 | 344 | designate any other member of the House to serve as the presiding | |
216 | 345 | officer, but such designation shall not l ast beyond that day’s | |
217 | 346 | adjournment. | |
218 | - | ||
219 | 347 | 2.2 – Duties | |
220 | - | ||
221 | 348 | (a) The Speaker Pro Tempore shall perform the duties of Speaker | |
222 | 349 | in the absence of the Speaker. | |
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224 | 350 | (b) The Speaker Pro Tempore shall be an ex officio voting | |
225 | 351 | member of all standing, oversight, policy, special, and joint | |
226 | 352 | committees. | |
227 | - | ||
228 | 353 | (c) The Speaker Pro Tempore shall be an ex officio voting | |
229 | 354 | member of all conference committees. | |
230 | - | ||
231 | 355 | 2.3 – Succession | |
232 | - | ||
233 | 356 | (a) If, while the House is meeting in regular or special | |
234 | 357 | session, the office of Speaker becomes vacant fifteen (15) cale ndar | |
235 | 358 | days or more prior to the date of sine die adjournment, the Speaker | |
236 | 359 | Pro Tempore shall serve as Acting Speaker of the House until a new | |
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237 | 386 | Speaker is elected, which election shall be set by the Acting | |
238 | 387 | Speaker and shall be carried out no later than fifteen (15) calendar | |
239 | 388 | days after the day of the vacancy. If the office of Speaker becomes | |
240 | 389 | vacant less than fifteen (15) calendar days prior to the date of | |
241 | 390 | sine die adjournment, the Speaker Pro Tempore shall accede to the | |
242 | 391 | office of Speaker of the House continuing as Speaker until the | |
243 | 392 | conclusion of the present term of office, as established in 14 O.S., | |
244 | 393 | Section 145, unless the House shall decide otherwise by electing | |
245 | 394 | another member Speaker of the House pursuant to Article V, Section | |
246 | 395 | 29 of the Oklahoma Constitution. In the event the office of Speaker | |
247 | 396 | becomes vacant after the organizational session required in Article | |
248 | 397 | V, Section 26 of the Oklahoma Constitution but before the first | |
249 | 398 | Monday in February of the same year, no election for the office of | |
250 | 399 | Speaker shall be held prior to the time the House convenes at twelve | |
251 | 400 | o'clock noon on the first Monday in February. | |
252 | - | ||
253 | 401 | (b) When only acting as Speaker pursuant to paragraph (a) of | |
254 | 402 | this section, the Speaker Pro Tempore shall not exercise the powers | |
255 | 403 | of appointment provided to a Spe aker of the House by statute or by | |
256 | 404 | House or Joint Rule and shall not be considered t he Speaker of the | |
257 | 405 | House within the meaning of Article VI, Section 15 of the Oklahoma | |
258 | 406 | Constitution establishing the line of succession to the Governor. | |
259 | 407 | Upon accession to th e office of Speaker of the House, under | |
260 | 408 | paragraph (a) of this section, the Speaker Pro Tempore shall take | |
261 | 409 | the oath of office as Speaker of the House and shall file said oath | |
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262 | 436 | with the office of the Secretary of State and shall be authorized to | |
263 | 437 | exercise all authority granted to the Speaker of the House under law | |
264 | 438 | or by House or Joint Rule in cluding, but not limited to, the powers | |
265 | 439 | of appointment and inclusion in the line of succession to the office | |
266 | 440 | of Governor as provided by Article VI, Section 15 of the Oklaho ma | |
267 | 441 | Constitution. | |
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269 | 442 | (c) If the House is not meeting in regular or special session | |
270 | 443 | and the office of Speaker becomes vacant due to death or | |
271 | 444 | resignation, the Speaker Pro Tempore shall become Speaker of the | |
272 | 445 | House and shall be authorized to exercise all authorit y granted to | |
273 | 446 | the Speaker of the House under law or by House or Joint Rule | |
274 | 447 | including, but not limited to, the powers of appointment and | |
275 | 448 | inclusion in the line of succession to the office of Governor as | |
276 | 449 | provided by Article VI, Section 15 of the Oklahoma Const itution. | |
277 | - | ||
278 | 450 | (d) Upon accession to the office of Speaker of the House under | |
279 | 451 | paragraph (c) of this section, the member in so doing shall continue | |
280 | 452 | as Speaker until such time as the House convenes for the first | |
281 | 453 | legislative day of the next regular or special sess ion, or until the | |
282 | 454 | conclusion of the present term of office, as established in 14 O.S ., | |
283 | 455 | Section 145, whichever occurs first, unless earlier removed from | |
284 | 456 | office under the provisions of 51 O.S., Section 24.1. | |
285 | - | ||
286 | 457 | (e) The Speaker Pro Tempore, upon becoming Speake r of the House | |
287 | 458 | by operation of paragraph (c) of this section, shall take the oath | |
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288 | 485 | of office as Speaker of the House and shall file said oath with the | |
289 | 486 | office of the Secretary of State. | |
290 | - | ||
291 | 487 | (f) If the Speaker shall become incapable of performing the | |
292 | 488 | duties pertaining to the office of Speaker of the House for reasons | |
293 | 489 | other than death or resigna tion, when the House is not meeting in | |
294 | 490 | regular or special session, the powers and duties of the Speaker of | |
295 | 491 | the House shall be discharged by the Speaker Pro Tempore as Actin g | |
296 | 492 | Speaker until the incapacity shall cease. When acting as Speaker | |
297 | 493 | pursuant to this provision, the Speaker Pro Tempore shall not | |
298 | 494 | exercise the Speaker's powers of appointment nor shall the Speaker | |
299 | 495 | Pro Tempore be included in the line of succession to the of fice of | |
300 | 496 | Governor, as provided by Article VI, Section 15 of the Oklahoma | |
301 | 497 | Constitution, unless he or she transmits a written declaration | |
302 | 498 | establishing the nature of the Speaker's incapacity to perform the | |
303 | 499 | duties of the office of Speaker of the House to the me mbers of the | |
304 | 500 | House of Representatives and the Chief Clerk of the House. Upon | |
305 | 501 | receipt of such a written declaration, the Chief Clerk of the House | |
306 | 502 | shall notify the President Pro Tempore of the Senate, the Governor, | |
307 | 503 | and the Chief Justice of the Oklahoma Supr eme Court. Thereafter, | |
308 | 504 | when the elected Speaker transmits to the Speaker Pro Tempor e and | |
309 | 505 | the Chief Clerk of the House his or her written declaration that no | |
310 | 506 | such incapacity exists, he or she shall resume the powers and duties | |
311 | 507 | of the office of Speaker of t he House. | |
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313 | 534 | (g) Regardless of whether the House is in session, whenever the | |
314 | 535 | elected Speaker transmits to the Speaker Pro Tempore and the Chief | |
315 | 536 | Clerk of the House a written declaration that he or she is unable to | |
316 | 537 | discharge the powers and duties of the office of Speaker of the | |
317 | 538 | House, and until he or she transmits to them a written declaratio n | |
318 | 539 | to the contrary, such powers and duties shall be discharged by the | |
319 | 540 | Speaker Pro Tempore as Acting Speaker. Upon receipt of such a | |
320 | 541 | written declaration, the Chief Clerk of the House shall notify the | |
321 | 542 | members of the House of Representatives, the President Pro Tempore | |
322 | 543 | of the Senate, the Governor, and the Chief Justice of the Oklahoma | |
323 | 544 | Supreme Court. Thereafter, when the Speaker transmits to the | |
324 | 545 | Speaker Pro Tempore and the Chief Clerk of the House his or her | |
325 | 546 | written declaration that no inability exists, he or s he shall resume | |
326 | 547 | the powers and duties of the office of Speaker of the House. When | |
327 | 548 | acting as Speaker pursuant to this provision, the Speaker Pro | |
328 | 549 | Tempore shall not exercise the Speaker's powers of appointment nor | |
329 | 550 | shall the Speaker Pro Tempore be included in the line of succession | |
330 | 551 | to the office of Governor, as provided by Article VI, Section 15 of | |
331 | 552 | the Oklahoma Constitution. | |
332 | - | ||
333 | 553 | RULE THREE | |
334 | - | ||
335 | 554 | HOUSE OFFICERS AND EMPLOYEES | |
336 | - | ||
337 | 555 | 3.1 – Employment by House | |
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338 | 581 | ||
339 | 582 | (a) The Speaker shall employ and manage qualified personnel to | |
340 | 583 | staff the House of Representatives. All House employees work for | |
341 | 584 | and serve at the pleasure of the Speaker of the House. | |
342 | - | ||
343 | 585 | (b) The Speaker shall determine their qualifications , hours of | |
344 | 586 | work, and compensation, including benefits. | |
345 | - | ||
346 | 587 | (c) The Speaker has the right at any time to transfer any | |
347 | 588 | employee to another department or discharge any employee of the | |
348 | 589 | House without cause. | |
349 | - | ||
350 | 590 | 3.2 – Chief Clerk of the House | |
351 | - | ||
352 | 591 | (a) The Chief Clerk of the House, under direction of the | |
353 | 592 | Speaker, shall have general charge and supervision over the | |
354 | 593 | legislative procedure of the House. | |
355 | - | ||
356 | 594 | (b) The Chief Clerk of the House shall be responsible for: | |
357 | - | ENR. H. R. NO. 1002 Page 9 | |
358 | 595 | 1. publication of all House calendars and agendas; | |
359 | - | ||
360 | 596 | 2. publication of bills, resolutions, and amendments; | |
361 | - | ||
362 | 597 | 3. publication of standing committee reports, special committee | |
363 | 598 | reports, and conference committee reports; | |
364 | - | ||
365 | 599 | 4. preparation, indexing, and publication of electronic and | |
366 | 600 | tangible versions of the House Journal ; | |
367 | - | ||
368 | 601 | 5. supervision of the processes for engrossment of House | |
369 | 602 | measures, enrollment of House me asures, House amendments to Senate | |
370 | 603 | measures, presentment of House measures to the Governor, as | |
371 | 604 | authorized or required by law, and the filing of measures with the | |
372 | 605 | Secretary of State as authorized or required by law; | |
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373 | 631 | ||
374 | 632 | 6. supervision of the House chamber during any period of time | |
375 | 633 | when the House is convened in Regular or Extraordinary Session, or | |
376 | 634 | during a period of recess or adjournment, including supervision of | |
377 | 635 | personnel responsible for maintaining security, order and decorum | |
378 | 636 | within the chamber or other areas under the control of the Oklahoma | |
379 | 637 | House of Representatives; | |
380 | - | ||
381 | 638 | 7. issuance of any subpoena or other process authorized | |
382 | 639 | pursuant to law, including , but not limited to, these Rules, which | |
383 | 640 | shall bear the seal of the Clerk of the Oklahoma House of | |
384 | 641 | Representatives, and the filing of any return of service for any | |
385 | 642 | such process issued by the Chief Clerk; and | |
386 | - | ||
387 | 643 | 8. adopting such other procedures as are required for the | |
388 | 644 | orderly conduct of the legislative process of the Oklahoma House of | |
389 | 645 | Representatives unless such actio ns are expressly to be performed by | |
390 | 646 | some other person as provided in these Rules. | |
391 | - | ||
392 | 647 | (c) The Chief Clerk of the House shall have custody of and be | |
393 | 648 | responsible for the safekee ping of all bills and resolutions with | |
394 | 649 | respect to each Regular Session or Extraordinary Session of the | |
395 | 650 | Legislature. | |
396 | - | ||
397 | 651 | (d) All official papers, records, reports, testimony presented, | |
398 | 652 | and other materials belonging to the House shall be maintained by | |
399 | 653 | and entrusted to the care and custody of the Chief Clerk of the | |
400 | 654 | House. | |
401 | - | ENR. H. R. NO. 1002 Page 10 | |
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402 | 681 | (e) Official copies of all bills and resolutions and other | |
403 | 682 | materials as designated by the Speaker shall not be removed from the | |
404 | 683 | Office of the Chief Clerk for any purpose except upon order of t he | |
405 | 684 | Speaker. | |
406 | - | ||
407 | 685 | (f) Communications shall be prepared and signed by the Chief | |
408 | 686 | Clerk of the House under the direction of and in the name of the | |
409 | 687 | Speaker. | |
410 | - | ||
411 | 688 | (g) The Chief Clerk of the House of Representatives shall be | |
412 | 689 | the guardian of electronic signatures for the House of | |
413 | 690 | Representatives and shall be authorized to make determinations as to | |
414 | 691 | validity and authenticity of electronic signatures. | |
415 | - | ||
416 | 692 | (h) If transmitting bills, resolutions, or messages | |
417 | 693 | electronically to the Senate, Governor, or Secretary of State, the | |
418 | 694 | Chief Clerk of the House shall establish safeguards to protect | |
419 | 695 | against unauthorized users. | |
420 | - | ||
421 | 696 | 3.3 – Chief Sergeant At Arms | |
422 | - | ||
423 | 697 | (a) It shall be the duty of the Chief Sergeant at Arms to | |
424 | 698 | attend the House during each day's session, to maintain order under | |
425 | 699 | the direction of the presiding officer, and to execute the commands | |
426 | 700 | of the House. | |
427 | - | ||
428 | 701 | (b) The Chief Sergeant at Arms shall have charge of the Chamber | |
429 | 702 | during the sessions, and see that the Chamber is kept in order and | |
430 | 703 | at all times ready for use by the House. | |
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431 | 729 | ||
432 | 730 | (c) The Chief Sergeant at Arms shall, fifteen (15) minutes | |
433 | 731 | before the House is to convene, clear the House Floor, anterooms of | |
434 | 732 | the House Floor, and House Lounge of all unauthorized persons, as | |
435 | 733 | defined in Rule 5, and shall see that no unauthorized persons enter | |
436 | 734 | said areas while the House is in session. | |
437 | - | ||
438 | 735 | 3.4 – Chief Parliamentarian | |
439 | - | ||
440 | 736 | (a) The Speaker of the House shall appoint a Chief | |
441 | 737 | Parliamentarian who shall assist the presiding officer in the making | |
442 | 738 | of parliamentary rulings. | |
443 | - | ||
444 | 739 | (b) The Chief Parliamentarian shall, at th e direction of the | |
445 | - | Speaker, assist the Speaker in publishing a volume of substantive | |
740 | + | Speaker, assist the Speaker in publishing a volume of substantive | |
446 | 741 | parliamentary rulings and carry out other duties as directed by the | |
447 | 742 | Speaker. | |
448 | - | ||
449 | 743 | 3.5 – Chaplain | |
450 | - | ||
451 | 744 | A Chaplain shall attend the commencement of each day's session | |
452 | 745 | of the House, open the session with prayer, and may be allotted five | |
453 | 746 | (5) minutes during the Thursday session for the purpose of | |
454 | 747 | delivering remarks to the House. | |
455 | - | ||
456 | 748 | 3.6 – Pages | |
457 | - | ||
458 | 749 | The Speaker, or designee, shall promulgate rules and guidelines | |
459 | 750 | for the Page program. | |
460 | - | ||
461 | 751 | RULE FOUR | |
462 | - | ||
463 | 752 | MEMBERS | |
464 | - | ||
465 | 753 | 4.1 – Member Defined | |
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466 | 779 | ||
467 | 780 | “Member”, as used in these Rules, means a member of the House of | |
468 | 781 | Representatives. | |
469 | - | ||
470 | 782 | 4.2 – Disclosure of Personal or Private Interest | |
471 | - | ||
472 | 783 | A member who has a personal or private interest in any bill or | |
473 | 784 | resolution, proposed, or pending bef ore the House, shall disclose | |
474 | 785 | that fact to the House, and shall not vote on that bil l or | |
475 | 786 | resolution, as required by Article V, Section 24 of the Oklahoma | |
476 | 787 | Constitution. | |
477 | - | ||
478 | 788 | 4.3 – Absence of Members | |
479 | - | ||
480 | 789 | No member shall be absent from the session of the House without | |
481 | 790 | leave. | |
482 | - | ||
483 | 791 | 4.4 – Decorum | |
484 | - | ||
485 | 792 | (a) No member rising to debate, to give notice, to make a | |
486 | 793 | motion, or to present a paper of any kind shall proceed until the | |
487 | 794 | member has addressed the presiding officer and has been recognized | |
488 | 795 | by the presiding officer as being entitled to the Floor. | |
489 | - | ENR. H. R. NO. 1002 Page 12 | |
490 | 796 | (b) While a member is speaking, no other member shall enter | |
491 | 797 | into any private conversation or pass between the speaking member | |
492 | 798 | and the presiding officer. | |
493 | - | ||
494 | 799 | (c) While a member is speaking, no other member shall enter | |
495 | 800 | into any private conve rsations or pass between the speaking member | |
496 | 801 | and the motion maker. | |
497 | 802 | ||
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498 | 828 | (d) The presiding officer may enforce the provisions of House | |
499 | 829 | rules by naming the disruptive or disorderly member after requesting | |
500 | 830 | order in the Chamber. | |
501 | - | ||
502 | 831 | (e) Profane, obscene, or indecent language is prohibited in the | |
503 | 832 | House and in all committees, oversight committees, pol icy | |
504 | 833 | committees, and subcommittees of the House. | |
505 | - | ||
506 | 834 | (f) All members shall conduct themselves in a manner becoming a | |
507 | 835 | member of the House of Representatives. When the House is in | |
508 | 836 | session all members shall, while in the Chamber or Gallery, be | |
509 | 837 | appropriately dressed. Members shall wear appropriate professional | |
510 | 838 | business attire; male members shall wear suitcoats, slacks, and | |
511 | 839 | ties. No member shall wear jeans, denim pants, t -shirts as | |
512 | 840 | outerwear, non–religious head coverings, ascots, hoodies, or hats in | |
513 | 841 | the House Chamber while the House is in session. | |
514 | - | ||
515 | 842 | (g) Any member who, while under the influence of intoxicating | |
516 | 843 | liquor or drugs, appears in the Chamber or in any part of the | |
517 | 844 | Capitol Building assigned to the House, shall be in contempt of the | |
518 | 845 | House and subject to reprimand, suspension, or expulsion. | |
519 | - | ||
520 | 846 | (h) Possession of intoxicating liquor shall not be permitted at | |
521 | 847 | any time in the Chamber or in any part of the Capitol Building | |
522 | 848 | assigned to the House. | |
523 | - | ||
524 | 849 | (i) Use of tobacco products, including smoking, dipping, or | |
525 | 850 | sniffing snuff, shall not be permitted at any time in the Chamber, | |
526 | 851 | as governed by Rule 11.5. | |
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527 | 877 | ||
528 | 878 | (j) No food, including canned or bottled beverages, shall be | |
529 | 879 | allowed at any time in the C hamber while the House is in session. | |
530 | 880 | Food may be consumed in the lounge and foyer at the west end of the | |
531 | 881 | Chamber. | |
532 | - | ENR. H. R. NO. 1002 Page 13 | |
533 | 882 | (k) Video recordings or broadcasts, other than those captured | |
534 | 883 | by the House or at the discretion of the Speaker, by Members shall | |
535 | 884 | be prohibited on the House Floor while the House is in session. | |
536 | - | ||
537 | 885 | (l) Sitting on chamber desks shall be prohibited. | |
538 | - | ||
539 | 886 | 4.5 – Service of Process | |
540 | - | ||
541 | 887 | Upon being presented with any service of legal process | |
542 | 888 | pertaining to the House of Representatives itself or to an | |
543 | 889 | individual member of the House of Representatives in his or her | |
544 | 890 | official capacity, the member or employee so approached shall inform | |
545 | 891 | the Speaker of the House and the House General Counsel prior to | |
546 | 892 | attempting to respond. | |
547 | - | ||
548 | 893 | RULE FIVE | |
549 | - | ||
550 | 894 | PRIVILEGES OF THE FLOOR AND THE ANTEROOMS | |
551 | - | ||
552 | 895 | 5.1 – Floor Privileges | |
553 | - | ||
554 | 896 | (a) The following persons shall be entitled to privilege s of | |
555 | 897 | the Floor when the House is in session: | |
556 | - | ||
557 | 898 | 1. members of the House; | |
558 | - | ||
559 | 899 | 2. members of the Senate; | |
560 | - | ||
561 | 900 | 3. former members of the House except as otherwise provided in | |
562 | 901 | Section 5.3 of this Rule; | |
563 | 902 | ||
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564 | 928 | 4. the Governor, except during consideration of a motion to | |
565 | 929 | override the veto of the Governor; | |
566 | - | ||
567 | 930 | 5. employees of the House and Senate as designated by the | |
568 | 931 | Speaker; and | |
569 | - | ||
570 | 932 | 6. children or grandchildren of members for the purpose only of | |
571 | 933 | introduction from the member’s desk. | |
572 | - | ||
573 | 934 | (b) Except as permitted in paragraph (a) of this sec tion, no | |
574 | 935 | other person, except upon formal invitation by the House of | |
575 | 936 | Representatives, shall enter upon the Floor when the House is | |
576 | 937 | convened in session. | |
577 | - | ENR. H. R. NO. 1002 Page 14 | |
578 | 938 | (c) The Speaker may revoke the floor privileges for any persons | |
579 | 939 | granted privileges by paragraphs (a) and (b) except for members of | |
580 | 940 | the House. | |
581 | - | ||
582 | 941 | 5.2 – Anterooms of the House Chamber | |
583 | - | ||
584 | 942 | (a) While the House is in session, no persons other than those | |
585 | 943 | entitled to privileges of the Fl oor, members of the immediate | |
586 | 944 | families of House members, and House employees authori zed by the | |
587 | 945 | Speaker shall be admitted to the House Lounge and anteroom located | |
588 | 946 | at the west end of the House Floor or into the anteroom located at | |
589 | 947 | the east end of the House F loor, except at the express invitation of | |
590 | 948 | a member, provided the member is present. | |
591 | - | ||
592 | 949 | (b) The Speaker may prescribe additional policies restricting | |
593 | 950 | use of the House Lounge and any rooms adjoining the lounge or the | |
594 | 951 | House Chamber. | |
595 | 952 | ||
596 | - | (c) Only a person born as a biological female shall be allowed | |
597 | - | into any restroom facility which is desig nated for female members of | |
598 | - | the Oklahoma House of Representatives , except as authorized for the | |
599 | - | operations of the House. | |
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600 | 977 | ||
601 | 978 | 5.3 – Former Members | |
602 | - | ||
603 | 979 | (a) Except as authorized by the Speaker, no former member of | |
604 | 980 | the House or Senate who is an officer or employee in the executive | |
605 | 981 | branch of state government or who is registered or required to be | |
606 | 982 | registered as a lobbyist under the Ethics Commission Act or who is | |
607 | 983 | professionally advocating on behalf of an organization shall be | |
608 | 984 | entitled to privileges of the Floor when the House is convened in | |
609 | 985 | session. | |
610 | - | ||
611 | 986 | (b) No former member when present on the House Floor pursuant | |
612 | 987 | to paragraph (a) of this section shall attempt to influ ence the | |
613 | 988 | passage or failure of any pending motion or legislation. | |
614 | - | ||
615 | 989 | 5.4 – House Parking | |
616 | - | ||
617 | 990 | When the House is convened in regular or special session, no | |
618 | 991 | registered lobbyist under the Ethics Commission Act shall be | |
619 | 992 | permitted to park in the parking areas of the Ca pitol grounds | |
620 | 993 | allocated to the House of Representatives. | |
621 | - | ||
622 | - | 5.5 – House Gallery ENR. H. R. NO. 1002 Page 15 | |
623 | - | ||
994 | + | 5.5 – House Gallery | |
624 | 995 | When the House is in session, no person, unless authorized by | |
625 | 996 | the Speaker, shall remain standing while in the Gallery. | |
626 | - | ||
627 | 997 | RULE SIX | |
628 | - | ||
629 | 998 | BILLS AND RESOLUTIONS | |
630 | - | ||
631 | 999 | 6.1 – Definition of the Term “Bill” | |
632 | - | ||
633 | 1000 | The term “bill”, as used in these Rules, shall mean proposed | |
634 | 1001 | legislation which in order to become law must pass through the | |
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635 | 1028 | Legislature according to the procedures established by the Oklahoma | |
636 | 1029 | Constitution, including consideration by the Governor. T he term | |
637 | 1030 | shall include proposed laws of a general nature and proposed special | |
638 | 1031 | or local laws. The procedures of these Rules applicable to the | |
639 | 1032 | introduction and passage of bills shall also apply to the | |
640 | 1033 | introduction and passage of joint resolutions. | |
641 | - | ||
642 | 1034 | 6.2 – Filing Deadline | |
643 | - | ||
644 | 1035 | (a) The filing deadlines for introduction of bills and joint | |
645 | 1036 | resolutions shall be established in consultation between the House | |
646 | 1037 | of Representatives and the Senate. | |
647 | - | ||
648 | 1038 | (b) Legislative deadlines previously agreed to by the House of | |
649 | 1039 | Representatives shall be inapplicable to: | |
650 | - | ||
651 | 1040 | 1. measures which propose a special or local law as governed by | |
652 | 1041 | Section 6.10 of this Rule; | |
653 | - | ||
654 | 1042 | 2. measures authored by the chairpersons and vice –chairpersons | |
655 | 1043 | of the House Appropriations and Budget Committee and the Senate | |
656 | 1044 | Appropriations Committee which affect the receipt, expenditure, or | |
657 | 1045 | budgeting of state funds or funds under the control of an entity | |
658 | 1046 | created by state law; or | |
659 | - | ||
660 | 1047 | 3. measures authored by the Speaker of the House of | |
661 | 1048 | Representatives and the President Pro Tempore of the S enate and | |
662 | 1049 | which are deemed by them to be necessary for the preservation of the | |
663 | 1050 | public peace, health, and safety; | |
664 | 1051 | ||
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665 | 1077 | 4. measures authored by the chairpersons and vice –chairpersons | |
666 | 1078 | of the House Redistricting Committee and the Senate Redistricting | |
667 | - | Committee which affect the legislative apportionment; or ENR. H. R. NO. 1002 Page 16 | |
668 | - | ||
1079 | + | Committee which affect the legislative apportionment; or | |
669 | 1080 | 5. measures introduced or authorized by the Speaker. | |
670 | - | ||
671 | 1081 | 6.3 – Numbering | |
672 | - | ||
673 | 1082 | (a) Bills and joint resolutions introduced in the Second | |
674 | 1083 | Regular Session of a Legislature shall be numbered consecutively | |
675 | 1084 | with the last bill and joint resolution, respectively, introduced in | |
676 | 1085 | the First Regular Session of the same Legislature. | |
677 | - | ||
678 | 1086 | (b) Simple and concurrent resolutions introduced in the Second | |
679 | 1087 | Regular Session of a Legislature shall be numbered consecutively | |
680 | 1088 | with the last simple and concurrent resolution, respectively, | |
681 | 1089 | introduced in the First Regular Session of the same Legislature. | |
682 | - | ||
683 | 1090 | 6.4 – Introduction | |
684 | - | ||
685 | 1091 | (a) All bills and resolutions shall be accompanied by the name | |
686 | 1092 | or names of the member or members introducing the bill or | |
687 | 1093 | resolution, shall have a title stating the subject matter contained | |
688 | 1094 | therein and shall include the request number assigned to the bill or | |
689 | 1095 | resolution by the staff of the House. | |
690 | - | ||
691 | 1096 | (b) Except as provided in paragraph (c) of this section, no | |
692 | 1097 | member of the House of Representa tives shall be the principal author | |
693 | 1098 | of more than eight (8) House bills or joint reso lutions during a | |
694 | 1099 | session of the Legislature. | |
695 | 1100 | ||
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696 | 1126 | (c) The provisions of paragraph (b) of this section shall not | |
697 | 1127 | apply to: | |
698 | - | ||
699 | 1128 | 1. measures containing budgetary matters of which the principal | |
700 | 1129 | author is the Chairperson of the Appropriations and Budget Committee | |
701 | 1130 | of the House; | |
702 | - | ||
703 | 1131 | 2. measures related to legislative apportionment of which the | |
704 | 1132 | principal author is the Chairperson of the Redistricting Committee | |
705 | 1133 | of the House; | |
706 | - | ||
707 | 1134 | 3. bills introduced for the purpose specified in 75 O.S., | |
708 | 1135 | Section 23.1; | |
709 | - | ||
710 | 1136 | 4. measures introduced for t he purpose of disapproving or | |
711 | 1137 | approving agency rules pursuant to the Administrative Procedures | |
712 | - | Act; ENR. H. R. NO. 1002 Page 17 | |
713 | - | ||
1138 | + | Act; | |
714 | 1139 | 5. bills introduced for the purpose of implementing the | |
715 | 1140 | Oklahoma Sunset Law; | |
716 | - | ||
717 | 1141 | 6. bills that only repeal or delete, without substantive | |
718 | 1142 | replacement, provisions of the Oklahoma Statutes; | |
719 | - | ||
720 | 1143 | 7. bills that carry over from the First Regular Session to the | |
721 | 1144 | Second Regular Session pursuant to Rule 6.9; | |
722 | - | ||
723 | 1145 | 8. simple or concurrent resolu tions; and | |
724 | - | ||
725 | 1146 | 9. any other measure authorized by the Speaker. | |
726 | - | ||
727 | 1147 | 6.5 – Authorship | |
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728 | 1173 | ||
729 | 1174 | (a) Principal Author – A House bill or resolution may have only | |
730 | 1175 | one Principal Author and shall be the Member that is listed as the | |
731 | 1176 | Principal Author on a bill or resolution. | |
732 | - | ||
733 | 1177 | (b) Author – An Author is a Member who authors a House bill or | |
734 | 1178 | resolution prior to the introduction of the House bill or | |
735 | 1179 | resolution. | |
736 | - | ||
737 | 1180 | (c) Coauthor – A Coauthor is a Member who authors a House bill | |
738 | 1181 | or resolution after the introduction of the House bill or | |
739 | 1182 | resolution. | |
740 | - | ||
741 | 1183 | 6.6 – Principal Senate Author of a House Bill or Resolution | |
742 | - | ||
743 | 1184 | (a) While a House bill, joint resolution, or concurrent | |
744 | 1185 | resolution is within the physical control of the House, the | |
745 | 1186 | principal House author of the bill or resolution shall have full and | |
746 | 1187 | complete discretion in determining who the principal Senate author | |
747 | 1188 | of the bill or resolution shall be. | |
748 | - | ||
749 | 1189 | (b) No bill or resolution lacking a principal Senate author | |
750 | 1190 | shall be scheduled for Floor consideration, unless authorized by the | |
751 | 1191 | Speaker, except that th e withdrawal of the principal Senate author, | |
752 | 1192 | after the bill or resolution is schedul ed for Floor consideration, | |
753 | 1193 | shall not preclude the House from considering the bill or | |
754 | 1194 | resolution. | |
755 | - | ||
756 | 1195 | 6.7 – Procedures Governing Simple and Concurrent Resolutions | |
757 | - | ENR. H. R. NO. 1002 Page 18 | |
758 | 1196 | (a) Except as exempted by paragraph (b) of this section, the | |
759 | 1197 | following classes of simple and concurrent resolutions shall lie | |
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760 | 1224 | over one (1) legislative day after introduction, after which they | |
761 | 1225 | may be called up for consideration: | |
762 | - | ||
763 | 1226 | 1. resolutions requesting information f rom any of the executive | |
764 | 1227 | or judicial departments, from county and municipal officers , or from | |
765 | 1228 | corporate entities or persons; or | |
766 | - | ||
767 | 1229 | 2. resolutions giving rise to debate. | |
768 | - | ||
769 | 1230 | (b) The following classes of simple and concurrent resolutions | |
770 | 1231 | may be taken up the same legislative day they are introduced: | |
771 | - | ||
772 | 1232 | 1. resolutions relating to business immediately before the | |
773 | 1233 | House; | |
774 | - | ||
775 | 1234 | 2. resolutions relating to business of the day on which they | |
776 | 1235 | may be offered; | |
777 | - | ||
778 | 1236 | 3. resolutions reported from the House Rules Committee | |
779 | 1237 | proposing adoption of a special rule or rules; or | |
780 | - | ||
781 | 1238 | 4. resolutions relating to adjournment or recess . | |
782 | - | ||
783 | 1239 | (c) Upon taking up a motion to adopt a simple or concurrent | |
784 | 1240 | resolution, said motion shall be subject to amendment and debate. | |
785 | - | ||
786 | 1241 | (d) A motion to amend shall be in order immediately but | |
787 | 1242 | amendments proposed to simple and concurrent resolutions shall be | |
788 | 1243 | electronically submitted to the Office of the Chief Clerk prior to | |
789 | 1244 | consideration by the House. | |
790 | - | ||
791 | 1245 | (e) The House shall not consider any proposed amendments not | |
792 | 1246 | germane to the subject of a simple or concurrent resolution under | |
793 | 1247 | consideration. | |
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794 | 1273 | ||
795 | 1274 | (f) Debate on the question of adoption of a simple or | |
796 | 1275 | concurrent resolution shall be limited to thirty (30) minutes, | |
797 | 1276 | equally divided between the proponents and opponents of the | |
798 | 1277 | resolution, provided that no member speak for more than ten (10) | |
799 | 1278 | minutes. | |
800 | - | ENR. H. R. NO. 1002 Page 19 | |
801 | 1279 | (g) Five (5) minutes of the time allocated to the proponents of | |
802 | 1280 | the resolution shall be reserved to the principal author, and the | |
803 | 1281 | principal author shall have the right to close the debate. | |
804 | - | ||
805 | 1282 | (h) Any simple or concurrent resolution may be referred by the | |
806 | 1283 | Speaker to an appropr iate committee. | |
807 | - | ||
808 | 1284 | 6.8 – Final Action | |
809 | - | ||
810 | 1285 | (a) The following action shall constitute final action on any | |
811 | 1286 | bill or resolution: | |
812 | - | ||
813 | 1287 | 1. committee recommendation, including any oversight committee | |
814 | 1288 | recommendation or any policy committee recommendation of "Do Not | |
815 | 1289 | Pass"; | |
816 | - | ||
817 | 1290 | 2. if a motion to reconsider the vote on Third Reading or | |
818 | 1291 | Fourth Reading fails to prevail or expires; | |
819 | - | ||
820 | 1292 | 3. if a motion to table the motion to reconsider prevails; or | |
821 | - | ||
822 | 1293 | 4. if a vote is taken on Third Reading or Fourth Reading and no | |
823 | 1294 | notice is served to recon sider the vote. | |
824 | - | ||
825 | 1295 | (b) If final action is such as to defeat a bill or resolution, | |
826 | 1296 | no other bill or resolution having the same effect and covering the | |
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827 | 1323 | same specific subject ma tter shall be considered by the House of | |
828 | 1324 | Representatives during either session of the current Legislature. | |
829 | - | ||
830 | 1325 | 6.9 – Carry–over Bills and Joint Resolutions | |
831 | - | ||
832 | 1326 | Any bill or joint resolution pending in the House at the sine | |
833 | 1327 | die adjournment of the First Regular Sessi on of a Legislature shall | |
834 | 1328 | carry over to the Second Regular Session with the same sta tus as if | |
835 | 1329 | there had been no adjournment; provided, however, that this Rule | |
836 | 1330 | shall not apply to bills and joint resolutions pending in a | |
837 | 1331 | conference committee at the time of s ine die adjournment. | |
838 | - | ||
839 | 1332 | 6.10 – Special or Local Laws | |
840 | - | ||
841 | 1333 | (a) The House of Representatives shall not consider proposed | |
842 | 1334 | local or special legislation on subjects prohibited by the Oklahoma | |
843 | 1335 | Constitution. | |
844 | - | ENR. H. R. NO. 1002 Page 20 | |
845 | 1336 | (b) No special or local law shall be considered by the Hous e of | |
846 | 1337 | Representatives unless passage of a general law would be | |
847 | 1338 | ineffective. | |
848 | - | ||
849 | 1339 | (c) A bill or joint resolution under consideration by the House | |
850 | 1340 | shall be presumed not to be special or local legislation unless the | |
851 | 1341 | principal author so declares in writing prior to presentation of the | |
852 | 1342 | measure on the House Floor. | |
853 | - | ||
854 | 1343 | (d) Prior to consideration of special or local legislation in | |
855 | 1344 | the House of Representatives: | |
856 | - | ||
857 | 1345 | 1. notice of the intended introduction of a proposed local or | |
858 | 1346 | special law shall be first published for four (4) c onsecutive weeks | |
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859 | 1373 | in a newspaper of weekly or general circulation in the city or | |
860 | 1374 | county affected by the proposed law; | |
861 | - | ||
862 | 1375 | 2. the notice shall state in substance the contents of the | |
863 | 1376 | proposed law; | |
864 | - | ||
865 | 1377 | 3. verified proof of such publication as required by this | |
866 | 1378 | section shall be filed with the Office of the Oklahoma Secretary of | |
867 | 1379 | State; and | |
868 | - | ||
869 | 1380 | 4. verified proof of such publication as required by this | |
870 | 1381 | section shall be published in the House Journal no later than the | |
871 | 1382 | legislative day prior to the day the measure is considered on the | |
872 | 1383 | House Floor. | |
873 | - | ||
874 | 1384 | (e) The presiding officer shall not entertain points of order, | |
875 | 1385 | requests for information, or parliamentary inquires pertaining to | |
876 | 1386 | whether a bill or joint resolution pending before the House is | |
877 | 1387 | special or local legislation. | |
878 | - | ||
879 | 1388 | 6.11 – Revenue–Raising Measures | |
880 | - | ||
881 | 1389 | (a) A bill or joint resolution under consideration by the House | |
882 | 1390 | shall be presumed not to be a revenue –raising measure within the | |
883 | 1391 | meaning of Article V, Section 33 of the Oklahoma Constitution unless | |
884 | 1392 | the bill or joint resolution has been designated as a revenue – | |
885 | 1393 | raising measure by the Majority Floor Leader. | |
886 | - | ||
887 | 1394 | (b) Prior to consideration of a bill or joint resolution | |
888 | 1395 | designated as a revenue –raising measure pursuant to this section, | |
889 | - | the Majority Floor Leader shall rise and announce to the full House ENR. H. R. NO. 1002 Page 21 | |
1396 | + | the Majority Floor Leader shall rise and announce to the full House | |
1397 | + | ||
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890 | 1423 | the designation of the bill or joint resolution as a revenue –raising | |
891 | 1424 | measure and the announcement shall be published in the House | |
892 | 1425 | Journal. | |
893 | - | ||
894 | 1426 | (c) The presiding officer shall not entertain points of order, | |
895 | 1427 | requests for information, or parliamentary inq uiries pertaining to | |
896 | 1428 | whether a bill or joint resolution pending before the House is a | |
897 | 1429 | revenue–raising measure. | |
898 | - | ||
899 | 1430 | (d) Prior to ordering the vote on final passage of a revenue – | |
900 | 1431 | raising measure, the presiding officer shall announce the vote | |
901 | 1432 | required for final p assage. As used in this section, final passage | |
902 | 1433 | shall be defined as the vote on Third Reading or Fourth Reading of a | |
903 | 1434 | bill or joint resolution. | |
904 | - | ||
905 | 1435 | RULE SEVEN | |
906 | - | ||
907 | 1436 | COMMITTEES | |
908 | - | ||
909 | 1437 | IN GENERAL | |
910 | - | ||
911 | 1438 | 7.1 – Definitions | |
912 | - | ||
913 | 1439 | (a) A standing committee is a committee, oversight committee, | |
914 | 1440 | or policy committee appointed by the Speaker of the House pursuant | |
915 | 1441 | to Rule 1.8 which continues as a distinct entity for the duration of | |
916 | 1442 | the biennium unless dissolved by the Speaker. Unless specifically | |
917 | 1443 | otherwise provided by these Rules, the term "committ ee" includes | |
918 | 1444 | both a policy committee and an oversight committee. | |
919 | 1445 | ||
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920 | 1471 | (b) An oversight committee is a committee appointed by the | |
921 | 1472 | Speaker of the House pursuant to Rule 1.8 in order to consider a | |
922 | 1473 | measure favorably reported by a policy committee. | |
923 | - | ||
924 | 1474 | (c) A policy committee is a committee appointed by the Speaker | |
925 | 1475 | of the House pursuant to Rule 1.8 in order to evaluate a measure | |
926 | 1476 | assigned to the policy committee by an oversight committee. | |
927 | - | ||
928 | 1477 | (d) A standing subcommittee is a subcommittee appointed by the | |
929 | 1478 | Speaker of the House pursuant to Rule 1.8 which exercises oversight | |
930 | 1479 | or other specific authority assigned to it by the Speaker and | |
931 | 1480 | reports directly to a standing committee, but does not include a | |
932 | 1481 | policy committee. | |
933 | - | ENR. H. R. NO. 1002 Page 22 | |
934 | 1482 | (e) A special committee is a committee appointed by the Speak er | |
935 | 1483 | of the House pursuant to Rule 1.8 which carries out a particular | |
936 | 1484 | task defined at the time of the committee’s creation and | |
937 | 1485 | appointment. Upon completion of the task assigned to the special | |
938 | 1486 | committee, the special committee is immediately dissolved. | |
939 | - | ||
940 | 1487 | (f) A conference committee is a committee tasked with resolving | |
941 | 1488 | differences between the House of Representatives and the Senate. A | |
942 | 1489 | conference committee consists of members from both chambers with the | |
943 | 1490 | House members of a conference committee being appointed by the | |
944 | 1491 | Speaker of the House pursuant to Rule 1.9. | |
945 | - | ||
946 | 1492 | 7.2 – Open Meetings | |
947 | - | ||
948 | 1493 | All meetings of all committees shall be open to the public, | |
949 | 1494 | subject to the authority of the chairperson to maintain order and | |
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950 | 1521 | decorum. A chairperson, with the approval of the Speaker, may close | |
951 | 1522 | a committee meeting or portion thereof, and the record of such | |
952 | 1523 | meeting may not disclose the identity of the witness appearing | |
953 | 1524 | before the committee, if necessary to preserve physical security, | |
954 | 1525 | including the protection of a witness. | |
955 | - | ||
956 | 1526 | 7.3 – Timing, Location, and Deadlines of Meetings | |
957 | - | ||
958 | 1527 | (a) The Speaker of the House, or designee, shall de termine the | |
959 | 1528 | dates for committee deadlines within the General Order periods of | |
960 | 1529 | the biennium. | |
961 | - | ||
962 | 1530 | (b) Committees shall meet at the call of the committee Chair | |
963 | 1531 | within the dates, times, and locations designated by the Speaker. | |
964 | - | ||
965 | 1532 | (c) No committee shall sit during a floor session of the House | |
966 | 1533 | without special leave from the Speaker. | |
967 | - | ||
968 | 1534 | CHAPTER A – STANDING AND SPECIAL COMMITTEES | |
969 | - | ||
970 | 1535 | 7.4 – Authority of the Chair | |
971 | - | ||
972 | 1536 | (a) All standing, oversight, policy, and special committees and | |
973 | 1537 | subcommittees shall be governed by the House Rul es applicable to | |
974 | 1538 | committee proceedings. | |
975 | - | ||
976 | 1539 | (b) Chairpersons shall ensure the efficient operation of the | |
977 | 1540 | committees or subcommittees. Such authority shall include: | |
978 | - | ENR. H. R. NO. 1002 Page 23 | |
979 | 1541 | 1. presiding over the committees or subcommittees; | |
980 | - | ||
981 | 1542 | 2. establishing the calendar for the committees or | |
982 | 1543 | subcommittees; | |
983 | - | ||
984 | 1544 | 3. recognition of members or presenters; | |
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985 | 1570 | ||
986 | 1571 | 4. deciding all questions of procedure in the committees or | |
987 | 1572 | subcommittees, subject to appeal; and | |
988 | - | ||
989 | 1573 | 5. determining the order in which legislation is considered in | |
990 | 1574 | a committee or subcommi ttee. Consent calendars shall not be utilized | |
991 | 1575 | in committees or subcommittees. | |
992 | - | ||
993 | 1576 | (c) The chairperson shall exercise all authority necessary to | |
994 | 1577 | maintain order and decorum, inc luding the authority to require all | |
995 | 1578 | persons present to silence all electronic devices and to request the | |
996 | 1579 | Sergeant at Arms to clear the committee room of a person or persons | |
997 | 1580 | causing disruption. | |
998 | - | ||
999 | 1581 | (d) In case of a chairperson's absence, the vice –chairperson | |
1000 | 1582 | shall assume all duties of the chairperson until the chairperson's | |
1001 | 1583 | return or replacement. | |
1002 | - | ||
1003 | 1584 | (e) The chairperson shall cause to be created an official | |
1004 | 1585 | report recording the ayes and the nays as required by Rule 7.7. For | |
1005 | 1586 | any measure reported favorably by a pol icy committee, or with | |
1006 | 1587 | respect to which a "Do Not Pass" motion was adopted, the chairperson | |
1007 | 1588 | of the policy committee shall cause to be created an official report | |
1008 | 1589 | recording the ayes and nays which report shall be prepared using a | |
1009 | 1590 | suitable method for the acti on of the policy committee to be | |
1010 | 1591 | communicated to the Chair of the applicable oversig ht committee. | |
1011 | - | ||
1012 | 1592 | (f) No person shall address the committee or subcommittee | |
1013 | 1593 | unless first recognized by the chairperson for that purpose and no | |
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1014 | 1620 | persons other than members of th e House shall be recognized to offer | |
1015 | 1621 | debate. | |
1016 | - | ||
1017 | 1622 | (g) All motions offered in any committee or a subcommittee | |
1018 | 1623 | meeting shall require a second to receive further consideration. | |
1019 | - | ||
1020 | 1624 | (h) A committee or subcommittee, including any oversight | |
1021 | 1625 | committee or any policy comm ittee, may only take up bills or | |
1022 | 1626 | resolutions for consideration if a quorum of the co mmittee or | |
1023 | - | subcommittee is present. A quorum is a majority of the members of | |
1627 | + | subcommittee is present. A quorum is a majority of the members of | |
1024 | 1628 | the committee or subcommittee, excluding the ex officio members of | |
1025 | 1629 | the committee or subcommitt ee, but the ex officio members may count | |
1026 | 1630 | toward the presence of a quorum in a committee or its subcommittees. | |
1027 | - | ||
1028 | 1631 | (i) When a bill or resolution is taken up for consideration, | |
1029 | 1632 | the principal House author or another member designated by the | |
1030 | 1633 | principal House autho r shall be recognized for explanation of the | |
1031 | 1634 | bill or resolution if he or she so desi res. In the event the | |
1032 | 1635 | chairperson of the committee is presenting the measure under | |
1033 | 1636 | consideration, the chairperson shall not also preside over the | |
1034 | 1637 | committee while his or he r bill or resolution is under | |
1035 | 1638 | consideration. | |
1036 | - | ||
1037 | 1639 | (j) The House author shall be given the opportunity to answer | |
1038 | 1640 | questions put by members of the committee or other persons | |
1039 | 1641 | recognized by the chairperson. | |
1040 | - | ||
1041 | 1642 | (k) The chairperson shall provide opportunity for present ation | |
1042 | 1643 | of amendments to the bill or resolution by the House author, any | |
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1043 | 1670 | member of the committee, or any other member of the House, as | |
1044 | 1671 | governed by Rule 7.6. | |
1045 | - | ||
1046 | 1672 | (l) Amendments shall be considered in the order they appear in | |
1047 | 1673 | the bill or resolution, or in the ord er they are presented to the | |
1048 | 1674 | committee. The chairperson shall resolve any conflict resulting | |
1049 | 1675 | from claimed priority of presentation. | |
1050 | - | ||
1051 | 1676 | (m) The author of an amendment shall explain the amendment and | |
1052 | 1677 | be afforded the opportunity to answer questions about the a mendment | |
1053 | 1678 | put by members of the committee, the author of the bill or | |
1054 | 1679 | resolution, or other persons recognized by the chairperson. | |
1055 | - | ||
1056 | 1680 | (n) The chairperson may recognize any person for comment on the | |
1057 | 1681 | proposed legislation or amendments. The chairperson may limit the | |
1058 | 1682 | amount of time for any such comment. | |
1059 | - | ||
1060 | 1683 | (o) Any questions of procedure not provided for within these | |
1061 | 1684 | Rules shall be governed by the ruling of the chairperson. In making | |
1062 | 1685 | his or her ruling, the chairperson shall rely upon the latest | |
1063 | 1686 | edition of Mason’s Man ual of Legislative Procedure. Where a | |
1064 | 1687 | conflict exists between a provision within th ese Rules and a | |
1065 | 1688 | provision within Mason’s Manual of Legislative Procedure, the House | |
1066 | 1689 | Rule shall control. | |
1067 | - | ENR. H. R. NO. 1002 Page 25 | |
1068 | 1690 | (p) Any member may rise to a point of order against any other | |
1069 | 1691 | member when, in the member's opinion, such member is proceeding out | |
1070 | 1692 | of order. The member raising the point of order must cite the | |
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1071 | 1719 | specific rule the member believes is in conflict. Such point of | |
1072 | 1720 | order shall be decided by the presiding officer without debate. | |
1073 | - | ||
1074 | 1721 | (q) The decisions of the Chair on questions of procedure and | |
1075 | 1722 | points of order shall be subject to appeal as follows: | |
1076 | - | ||
1077 | 1723 | 1. an appeal must be lodged immediately; | |
1078 | - | ||
1079 | 1724 | 2. an appeal shall not be raised by anyone other than a member | |
1080 | 1725 | of the committee or subcommittee whe rein such a question arises; | |
1081 | - | ||
1082 | 1726 | 3. an appeal must be seconded by two other members of the | |
1083 | 1727 | committee or subcommittee to receive further consideration; | |
1084 | - | ||
1085 | 1728 | 4. all appeals shall be decided without debate, except that the | |
1086 | 1729 | member taking said appeal shall be afforded one (1) minute in which | |
1087 | 1730 | to state the reasons for the member's appeal and the Chair may state | |
1088 | 1731 | the reasons for the Chair's decision; and | |
1089 | - | ||
1090 | 1732 | 5. no ruling of the Chair shall be overturned except: | |
1091 | - | ||
1092 | 1733 | i) upon a majority of the members of the committee or | |
1093 | 1734 | subcommittee voting in the negative upon the question: "Shall the | |
1094 | 1735 | decision of the Chair be the decision of the committee [or | |
1095 | 1736 | subcommittee]"; or | |
1096 | - | ||
1097 | 1737 | ii) upon a ruling of the presiding officer, while the House is | |
1098 | 1738 | in Session, on a point of order raised on procedural viola tions that | |
1099 | 1739 | occurred in committee, provided the committee Chair shall be | |
1100 | 1740 | afforded one (1) minute to explain their decision on the Floor prior | |
1101 | 1741 | to the ruling of the presiding officer. This ruling is subject to | |
1102 | 1742 | appeal. | |
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1103 | 1768 | ||
1104 | 1769 | (r) The chairperson of a full committee , other than an | |
1105 | 1770 | oversight committee, may refer to a subcommittee or reassign from a | |
1106 | 1771 | subcommittee any legislation, proposal , or inquiry; provided, | |
1107 | 1772 | however, no subcommittee shall be permitted to report directly to | |
1108 | 1773 | the House, but rather shall report to the fu ll committee. Except as | |
1109 | 1774 | otherwise authorized in these Rules, no measure other than one | |
1110 | 1775 | assigned directly to the House Calendar shall be considered by the | |
1111 | 1776 | full House unless such measure shall have been considered in a | |
1112 | - | policy committee and received a | |
1777 | + | policy committee and received a favora ble recommendation by both a | |
1113 | 1778 | policy committee and an oversight committee. The chairperson of an | |
1114 | 1779 | oversight committee shall cause an oversight committee report to be | |
1115 | 1780 | prepared indicating the action taken by the oversight committee with | |
1116 | 1781 | respect to the measure . | |
1117 | - | ||
1118 | 1782 | (s) Except for legislation recommended by the Rules Committee | |
1119 | 1783 | or the Appropriations and Budget Committee, all legislation | |
1120 | 1784 | originating in the House which is recommended by a committee to the | |
1121 | 1785 | full House shall contain a complete Title and an Enacting or | |
1122 | 1786 | Resolving Clause. | |
1123 | - | ||
1124 | 1787 | (t) The committee or subcommittee chairperson shall sign all | |
1125 | 1788 | reports required or permitted by these Rules. The committee | |
1126 | 1789 | chairperson shall sign all subpoenas as permitted by Rule 7.13, but | |
1127 | 1790 | shall not sign any subpoena prior to signature by the Speaker of the | |
1128 | 1791 | House. | |
1129 | - | ||
1130 | 1792 | 7.5 – Notice of Meetings | |
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1131 | 1818 | ||
1132 | 1819 | (a) Except as otherwise provide d by this paragraph, all | |
1133 | 1820 | committees and subcommittees, including policy committees, shall | |
1134 | 1821 | provide at least forty –eight (48) hours notice of a meeting. An | |
1135 | 1822 | oversight committee shall provide at least twenty -four (24) hours | |
1136 | 1823 | notice of a meeting. Notice of the meeting shall be published | |
1137 | 1824 | through an appropriate public medium such as the House website or | |
1138 | 1825 | electronic mail, unless notice requirement is waived by the Speaker. | |
1139 | - | ||
1140 | 1826 | (b) A notice shall state the date, time, and place of a meeting | |
1141 | 1827 | and shall include a listing and sufficient title for identification | |
1142 | 1828 | of any and all bills to be considered by the committee, oversight | |
1143 | 1829 | committee, policy committee, or subcommittee holding the meeting. | |
1144 | 1830 | The measure’s principal author and the members of the committee, | |
1145 | 1831 | oversight committee, policy committee, or subcommittee shall be | |
1146 | 1832 | provided separate notice. | |
1147 | - | ||
1148 | 1833 | (c) If a committee, oversight committee, policy committee, or | |
1149 | 1834 | subcommittee is scheduled for a regu lar meeting, but does not plan | |
1150 | 1835 | to meet, a notice stating that no meeting is to be he ld shall be | |
1151 | 1836 | posted. | |
1152 | - | ||
1153 | 1837 | (d) Bills or resolutions published on a meeting notice but not | |
1154 | 1838 | considered shall not be taken up in a subsequent committee meeting | |
1155 | 1839 | unless said bills or resolutions are listed on the meeting notice | |
1156 | 1840 | announcing the items of business to be considered in the later | |
1157 | - | meeting. ENR. H. R. NO. 1002 Page 27 | |
1158 | - | ||
1841 | + | meeting. | |
1159 | 1842 | 7.6 – Amendments | |
1843 | + | ||
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1160 | 1868 | ||
1161 | 1869 | (a) Committees and subcommittees, including oversight | |
1162 | 1870 | committees and policy committees, may only consider amendments | |
1163 | 1871 | presented in final written form prior to adoption. | |
1164 | - | ||
1165 | 1872 | (b) Any member of the House may of fer an amendment to any bill | |
1166 | 1873 | or resolution being considered by any committee or subcommittee and | |
1167 | 1874 | shall be recognized to introduce the amendment. If not a member of | |
1168 | 1875 | the committee or subcommittee, a member who offers an amendment must | |
1169 | 1876 | comply with the amendment filing deadline of this Rule and be | |
1170 | 1877 | present at the meeting at which the amendment is considered. If the | |
1171 | 1878 | member is not present, the amendment may only be considered if taken | |
1172 | 1879 | up and offered by a member of the committee or subcommittee. | |
1173 | - | ||
1174 | 1880 | (c) Any member offering an amendment, including a member of the | |
1175 | 1881 | committee or subcommittee, must submit the proposed amendment in | |
1176 | 1882 | electronic form to the chairperson by 4:30 p.m. the legisla tive day | |
1177 | 1883 | before the meeting of the committee or subcommittee. The | |
1178 | 1884 | chairperson may, at his or her discretion, waive or set a later | |
1179 | 1885 | deadline than contained in this Rule. | |
1180 | - | ||
1181 | 1886 | (d) Amendments offered to any House bill or resolution under | |
1182 | 1887 | consideration by a commit tee or subcommittee shall be germane to the | |
1183 | 1888 | subject of the introduced bill or resolu tion. Amendments offered to | |
1184 | 1889 | any Senate bill or resolution under consideration by a committee or | |
1185 | 1890 | subcommittee shall be germane to the subject of the engrossed | |
1186 | 1891 | version of the Senate bill or resolution. | |
1187 | 1892 | ||
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1188 | 1918 | (e) When considering a measure section by section, a motion to | |
1189 | 1919 | strike a section when such section is under individual consideration | |
1190 | 1920 | shall not be subject to the time constraints established by this | |
1191 | 1921 | Rule for consideration of com mittee amendments. | |
1192 | - | ||
1193 | 1922 | (f) When considering a measure section by section, the Title o r | |
1194 | 1923 | Enacting or Resolving Clause of a bill or joint resolution may not | |
1195 | 1924 | be stricken except as provided in Rule 7.4(s). | |
1196 | - | ||
1197 | 1925 | (g) Amendments approved by any committee shall be incor porated | |
1198 | 1926 | into the bill or resolution the same as if included in the | |
1199 | 1927 | introduced bill or resolution. | |
1200 | - | ||
1201 | 1928 | 7.7 – Voting | |
1202 | - | ENR. H. R. NO. 1002 Page 28 | |
1203 | 1929 | (a) All votes in committees or subcommittees, including | |
1204 | 1930 | oversight committees and policy committees, shall be conducted in | |
1205 | 1931 | open public meetings o f that committee, except that two -thirds (2/3) | |
1206 | 1932 | of the members of any standing, speci al, or oversight committee, | |
1207 | 1933 | including ex officio members, may report a bill or resolution out of | |
1208 | 1934 | committee by signing a written report. If a written report is | |
1209 | 1935 | prepared by a member other than the chairperson of the committee, a | |
1210 | 1936 | written notice that a report is being prepared shall be given to the | |
1211 | 1937 | chairperson prior to the circulation of the report for signatures. | |
1212 | 1938 | No measure may be reported out of a policy committee using the | |
1213 | 1939 | discharge procedure in this paragraph. | |
1214 | - | ||
1215 | 1940 | (b) Only the vote on recommendation for fina l passage out of | |
1216 | 1941 | full standing committee or an oversight committee to the full House | |
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1217 | 1968 | concerning a bill or resolution shall be by recorded vote. | |
1218 | 1969 | Recommendation for final pa ssage out of committee, such motion need | |
1219 | 1970 | only receive a majority of those voting, a quorum being present. | |
1220 | - | ||
1221 | 1971 | (c) As used in this section, "recommendation for final passage | |
1222 | - | out of committee" means a "Do Pass" | |
1972 | + | out of committee" means a "Do Pass," "Do Pass as Amended," or a "Do | |
1223 | 1973 | Not Pass" motion. A "Do Pass" motion takes precedence over any | |
1224 | 1974 | other motions for final passage. | |
1225 | - | ||
1226 | 1975 | (d) Only those committee members present may vote on any | |
1227 | 1976 | matter. No person shall cast a vote on behalf of any committee | |
1228 | 1977 | member eligible to vote in any House committee. | |
1229 | - | ||
1230 | 1978 | 7.8 – Committee Recommendations | |
1231 | - | ||
1232 | 1979 | (a) When any standing full committee or an oversight committee | |
1233 | 1980 | returns a bill or resolution with the recommendation of “Do Pass” or | |
1234 | - | “Do Pass as Amended” | |
1981 | + | “Do Pass as Amended,” the bill or resolution shall be published on | |
1235 | 1982 | the House Calendar in numerica l order by bill or resolution number | |
1236 | 1983 | under the heading “Bills on General Order” or “ Joint Resolutions on | |
1237 | 1984 | General Order”. | |
1238 | - | ||
1239 | 1985 | (b) If a committee does not return a bill or resolution with | |
1240 | - | the recommendation of | |
1241 | - | Not Pass" | |
1986 | + | the recommendation of either "Do Pass," "Do Pass as Amended," or "Do | |
1987 | + | Not Pass," the bill or resolution shall remain the property of the | |
1242 | 1988 | committee, unless the bill or resolution is placed directly on the | |
1243 | 1989 | House Calendar by the Speaker or is discharged pursuant to Rule 7.7 | |
1244 | 1990 | or 7.12. | |
1245 | - | ||
1246 | 1991 | 7.9 – Final Action | |
1247 | - | ENR. H. R. NO. 1002 Page 29 | |
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2017 | + | ||
1248 | 2018 | When any committee, including any oversight committee or any | |
1249 | 2019 | policy committee, returns a bill or resolution with the | |
1250 | - | recommendation of "Do Not Pass" | |
2020 | + | recommendation of "Do Not Pass," this shall constitute final action | |
1251 | 2021 | only if the recommendation was adopted by a majority of the members | |
1252 | 2022 | of the committee. | |
1253 | - | ||
1254 | 2023 | 7.10 – Petition for Committee Hearing | |
1255 | - | ||
1256 | 2024 | (a) After assignment to a standing or special committee, the | |
1257 | 2025 | principal author of a bill or resolution shall be entitled to have | |
1258 | 2026 | such bill or joint resolution considered by a vote of the committee | |
1259 | 2027 | at least four (4) legislative days prior to the final date for Third | |
1260 | 2028 | Reading in either regular session. Such a petition must be | |
1261 | 2029 | electronically signed by a majority of the members of the committee. | |
1262 | 2030 | Ex officio members of a committee may electronically sign such | |
1263 | 2031 | petitions and shall count towa rds the necessary signatures as | |
1264 | 2032 | required by this section. | |
1265 | - | ||
1266 | 2033 | (b) A majority of the members of the policy committee to which | |
1267 | 2034 | a measure has been assigned may file a petition in order for the | |
1268 | 2035 | measure to be withdrawn from the policy committee and re -assigned to | |
1269 | 2036 | the oversight committee with applicable jurisdiction over the | |
1270 | 2037 | measure. The petition must be electronically signed by a majority | |
1271 | 2038 | of the members of the policy committee. Ex officio members of the | |
1272 | 2039 | policy committee may be counted towards the requirement for | |
1273 | 2040 | signatures on the petition. If the petition receives enough | |
1274 | 2041 | signatures, then the measure shall be withdrawn from the policy | |
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1275 | 2068 | committee and shall be considered to be under the control and | |
1276 | 2069 | jurisdiction of the oversight committee to which the measure was | |
1277 | 2070 | originally assigned. | |
1278 | - | ||
1279 | 2071 | (c) The petitions provided for by this section shall be | |
1280 | 2072 | electronically submitted to the Chief Clerk of the House. The Chief | |
1281 | 2073 | Clerk shall determine if the petition contains the necessary | |
1282 | 2074 | signatures. If the petition contains the necessar y signatures, the | |
1283 | 2075 | Chief Clerk shall forward the petition to the appropriate committee | |
1284 | 2076 | chair. | |
1285 | - | ||
1286 | 2077 | 7.11 – Bill Summary | |
1287 | - | ||
1288 | 2078 | (a) All bills and joint resolutions shall be accompanied by a | |
1289 | 2079 | bill summary. The bill summary shall include a description of any | |
1290 | 2080 | repealers contained in a bill or joint resolution. | |
1291 | - | ENR. H. R. NO. 1002 Page 30 | |
1292 | 2081 | (b) All bills affecting any retirement system authorized by law | |
1293 | 2082 | shall be accompanied by a bill summary which shall include an | |
1294 | 2083 | estimate of the cost and actuarial analysis of the measure upon | |
1295 | 2084 | being reported favorably by any standing committee unless the | |
1296 | 2085 | actuarial analysis for the bill is governed by the Oklahoma Pension | |
1297 | 2086 | Legislation Actuarial Analysis Act. The estimate and actuarial | |
1298 | 2087 | analysis shall be prepared by an actuary engaged by the House of | |
1299 | 2088 | Representatives. | |
1300 | - | ||
1301 | 2089 | (c) The accuracy of the bill summary or actuarial analysis | |
1302 | 2090 | contained within the bill summa ry shall not be a basis for a point | |
1303 | 2091 | of order under these Rules. | |
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1304 | 2117 | ||
1305 | 2118 | (d) The principal House author may publish what he or she | |
1306 | 2119 | believes to be the "legislative intent" of the me asure in question. | |
1307 | 2120 | Such a document shall not be drafted by persons employed within the | |
1308 | 2121 | Legal, Fiscal, or Research Divisions of the House Staff; however, | |
1309 | 2122 | the principal House author may consult with such employees as | |
1310 | 2123 | needed. | |
1311 | - | ||
1312 | 2124 | 7.12 – Discharge from Committee | |
1313 | - | ||
1314 | 2125 | (a) Any bill or resolution may be discharged from any standing | |
1315 | 2126 | committee of the Hou se or from any oversight committee of the House | |
1316 | 2127 | upon a request electronically signed by two –thirds (2/3) of the | |
1317 | 2128 | members of the House. | |
1318 | - | ||
1319 | 2129 | (b) The bill or resolution in questio n shall be identified on | |
1320 | 2130 | the face of the petition and an electronic copy of the measure shall | |
1321 | 2131 | be attached to the discharge petition. | |
1322 | - | ||
1323 | 2132 | (c) The request for discharge of a bill or resolution and the | |
1324 | 2133 | attached measure shall be electronically submitted to the Ch ief | |
1325 | 2134 | Clerk of the House. No other person except the principal House | |
1326 | 2135 | author of the measure in question shall submit a discharge petition | |
1327 | - | to the Chief Clerk. | |
1328 | - | ||
1329 | - | ||
2136 | + | to the Chief Clerk. The Chief Clerk shall determine if the discharge | |
2137 | + | petition contains the necessary signatures as requi red by this | |
2138 | + | section. If the discharge petition contains the necessary | |
1330 | 2139 | signatures, the Chief Clerk shall forward the petition to the | |
1331 | 2140 | Speaker of the House, or designee. | |
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1333 | 2167 | (d) Upon receipt of the discharge petition from the Chief Clerk | |
1334 | 2168 | of the House, the Spe aker of the House, or designee, shall place the | |
1335 | - | bill or resolution on the daily | |
2169 | + | bill or resolution on the daily Hous e floor agenda. The Chief Clerk | |
1336 | 2170 | of the House shall cause the discharge petition, along with the | |
1337 | 2171 | attached measure, to be published upon the House website. | |
1338 | - | ||
1339 | 2172 | (e) The Speaker of the House, or designee, shall not place a | |
1340 | 2173 | bill or resolution on the daily House floor agenda if the discharge | |
1341 | 2174 | petition pertaining to the bill or resolution was filed after 12:00 | |
1342 | 2175 | noon on the Tuesday immediately prior to the final date for Third | |
1343 | 2176 | Reading in either regular session. | |
1344 | - | ||
1345 | 2177 | 7.13 – Oversight Powers and Responsibilities of Committees and | |
1346 | 2178 | Subcommittees | |
1347 | - | ||
1348 | 2179 | (a) Committees and subcommittees, including oversight | |
1349 | 2180 | committees and policy committees, are authorized: | |
1350 | - | ||
1351 | 2181 | 1. to maintain a continuous review of the work of the state | |
1352 | 2182 | agencies concerned with their subject areas and the performance of | |
1353 | 2183 | the functions of government within each subject area; | |
1354 | - | ||
1355 | 2184 | 2. to invite public officials, public employees, and private | |
1356 | 2185 | individuals to appear before the committees or subcommittees to | |
1357 | 2186 | submit information; | |
1358 | - | ||
1359 | 2187 | 3. to request reports from departments and agencies perform ing | |
1360 | 2188 | functions reasonably related to the committees’ jurisdictions; | |
1361 | - | ||
1362 | 2189 | 4. to complete the interim projects assigned by the Speaker; | |
1363 | 2190 | and | |
1364 | 2191 | ||
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1365 | 2217 | 5. to conduct such other business as d irected by the Speaker. | |
1366 | - | ||
1367 | 2218 | (b) Each committee or subcommittee, including any oversight | |
1368 | 2219 | committee or policy committee, has the reasonable right and | |
1369 | 2220 | authority to inspect and investigate the books, records, papers, | |
1370 | 2221 | documents, data, operation, and physical plant of any public agency | |
1371 | 2222 | in this state. | |
1372 | - | ||
1373 | 2223 | (c) The chairperson, vice –chairperson, or a me mber designated | |
1374 | 2224 | by the chairperson or vice –chairperson may administer all oaths and | |
1375 | 2225 | affirmations to witnesses who appear before such committees to | |
1376 | 2226 | testify in any matter req uiring evidence. | |
1377 | - | ||
1378 | 2227 | (d) In order to carry out the duties of the committee, and its | |
1379 | 2228 | subcommittees, the chairperson of each committee with approval of | |
1380 | - | the Speaker, may issue subpoenas and other necessary process to | |
2229 | + | the Speaker, may issue subpoenas and other necessary process to | |
1381 | 2230 | compel the attendance of witnesses either bef ore the committee or | |
1382 | 2231 | subcommittee or at deposition and the production of any books, | |
1383 | 2232 | letters, or other documentary evidence required by such committee. | |
1384 | - | ||
1385 | 2233 | (e) In the event a committee must subpoena a witness or | |
1386 | 2234 | witnesses, or otherwise subpoena production of d ocuments, materials, | |
1387 | 2235 | or other evidence, such subpoenas shall be limited to matters | |
1388 | 2236 | reasonably related to the areas of legislative responsibility | |
1389 | 2237 | delegated to the committee and shall be within the reasonable scope | |
1390 | 2238 | of the committee's investigation. | |
1391 | - | ||
1392 | 2239 | (f) If the committee shall require the deposition of witnesses, | |
1393 | 2240 | either residing within or wi thout the state, such depositions shall | |
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1394 | 2267 | be taken in the manner prescribed by law for the taking of | |
1395 | 2268 | depositions in civil actions in the district courts. Witnesses | |
1396 | 2269 | shall be paid the same fees and mileage as are paid in civil cases | |
1397 | 2270 | in district courts. | |
1398 | - | ||
1399 | 2271 | CHAPTER B – CONFERENCE COMMITTEES | |
1400 | - | ||
1401 | 2272 | 7.14 – Appointment of Conference Committees | |
1402 | - | ||
1403 | 2273 | (a) The House chairpersons, vice –chairpersons, and members of a | |
1404 | 2274 | conference committee shall be appoi nted by the Speaker pursuant to | |
1405 | 2275 | Rule 1.9. | |
1406 | - | ||
1407 | 2276 | (b) Once a measure is in conference, the chairperson of the | |
1408 | 2277 | standing conference committee to which the measure is assigned may, | |
1409 | 2278 | if requested by the principal author, schedule presentation of the | |
1410 | 2279 | measure. | |
1411 | - | ||
1412 | 2280 | (c) No measure shall be assigned to a standing conference | |
1413 | 2281 | committee which does not include among its membership the | |
1414 | 2282 | chairperson and vice –chairperson of the standing committee from | |
1415 | 2283 | which the same measure was reported during General Order. | |
1416 | - | ||
1417 | 2284 | 7.15 – Presentation and Signatures on Conference Committee | |
1418 | 2285 | Reports | |
1419 | - | ||
1420 | 2286 | (a) A conference committee report, other t han one which | |
1421 | 2287 | proposes only restoration of the Title and/or Enacting Clause or | |
1422 | 2288 | states that conferees are unable to agree, shall be presented to a | |
1423 | 2289 | standing conference commit tee subject to the following requirements: | |
1424 | - | ENR. H. R. NO. 1002 Page 33 | |
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1425 | 2316 | 1. the presentation shall not be scheduled earlier than the | |
1426 | 2317 | next calendar day after electronic publication; | |
1427 | - | ||
1428 | 2318 | 2. the presentation shall be made in person; | |
1429 | - | ||
1430 | 2319 | 3. no person except the principal House author of the mea sure | |
1431 | 2320 | or another House member designated by the principal House author | |
1432 | 2321 | shall present the report; | |
1433 | - | ||
1434 | 2322 | 4. no member of the standing conference committee shall add | |
1435 | 2323 | their electronic signature to the report until such report is | |
1436 | 2324 | presented in person; and | |
1437 | - | ||
1438 | 2325 | 5. the chairperson of the standing conference committee shall | |
1439 | 2326 | determine the procedures of the presentation, except as otherwise | |
1440 | 2327 | specifically provided for in these Rules. | |
1441 | - | ||
1442 | 2328 | (b) Upon being opened for signature by the chairperson of the | |
1443 | 2329 | standing conference committee, a conference committee report which | |
1444 | 2330 | proposes only to restore the Title and/or Enactin g Clause of a | |
1445 | 2331 | measure or states that conferees are unable to agree may be | |
1446 | 2332 | electronically signed by members of the standing conference | |
1447 | 2333 | committee. | |
1448 | - | ||
1449 | 2334 | (c) Members of a standin g conference committee may add or | |
1450 | 2335 | remove their electronic signatures at any time prior to the time a | |
1451 | 2336 | House conference committee report is closed for submission or | |
1452 | 2337 | withdrawn by the principal House author. | |
1453 | - | ||
1454 | 2338 | (d) Members of a standing conference committee may add or | |
1455 | 2339 | remove their electronic signatures at any time prior to the time a | |
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2365 | + | ||
1456 | 2366 | Senate conference committee report ceases to be in possession of the | |
1457 | 2367 | House of Representatives. | |
1458 | - | ||
1459 | 2368 | 7.16 – Presentation Before Standing Conference Committee | |
1460 | - | ||
1461 | 2369 | (a) All presentations mad e before standing conference | |
1462 | 2370 | committees shall be open to the public, subject to the authority of | |
1463 | 2371 | the chairperson to maintain order and decorum. | |
1464 | - | ||
1465 | 2372 | (b) Members of the public may be allowed to speak about the | |
1466 | 2373 | proposed conference committee report that is being presented to the | |
1467 | 2374 | standing conference committee, subject to the authority of the | |
1468 | 2375 | chairperson to maintain order and decorum. | |
1469 | - | ENR. H. R. NO. 1002 Page 34 | |
1470 | 2376 | (c) All standing conference committees shall provide reasonable | |
1471 | 2377 | public notice of a presentation. | |
1472 | - | ||
1473 | 2378 | (d) The notice shall state the d ate, time, and place of a | |
1474 | 2379 | presentation. | |
1475 | - | ||
1476 | 2380 | (e) The notice shall include a listing and sufficient title for | |
1477 | 2381 | identification of the bills to be presented to the standing | |
1478 | 2382 | conference committee. | |
1479 | - | ||
1480 | 2383 | 7.17 – Timing of Presentations | |
1481 | - | ||
1482 | 2384 | (a) The chairperson of a conference committee shall schedule a | |
1483 | 2385 | presentation of conference committee reports within the dates, | |
1484 | 2386 | times, and locations designated by the Speaker. | |
1485 | - | ||
1486 | 2387 | (b) The chairperson of a conference committee shall not | |
1487 | 2388 | schedule presentation of a proposed conference committee rep ort | |
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1488 | 2415 | during a floor session of the House without special leave from the | |
1489 | 2416 | Speaker. | |
1490 | - | ||
1491 | 2417 | 7.18 – Submission of House Conference Committee Reports | |
1492 | - | ||
1493 | 2418 | Upon receipt of the electronic signatures of a majority of House | |
1494 | 2419 | conferees and the signatures of a majority of Senate co nferees, the | |
1495 | 2420 | principal House author may submit the recommended House conference | |
1496 | 2421 | committee report to the Chief Clerk of the House. | |
1497 | - | ||
1498 | 2422 | RULE EIGHT | |
1499 | - | ||
1500 | 2423 | LEGISLATIVE PROCESS | |
1501 | - | ||
1502 | 2424 | CHAPTER A – FIRST AND SECOND READING | |
1503 | - | ||
1504 | 2425 | 8.1 – Reading Defined | |
1505 | - | ||
1506 | - | “Reading” means the stage of consideration of a bill or joint | |
2426 | + | “Reading” ”means the stage of consid eration of a bill or joint | |
1507 | 2427 | resolution after reading or publishing of a portion of the title | |
1508 | 2428 | sufficient for identification, as determined by the Speaker. | |
1509 | - | ||
1510 | 2429 | 8.2 – First Reading | |
1511 | - | ||
1512 | 2430 | The publication of a bill or joint resolution by its title and | |
1513 | 2431 | bill number in the H ouse Journal shall satisfy the requirements of | |
1514 | - | First Reading. ENR. H. R. NO. 1002 Page 35 | |
1515 | - | ||
2432 | + | First Reading. | |
1516 | 2433 | 8.3 – Second Reading | |
1517 | - | ||
1518 | 2434 | (a) After the First Reading of a bill or joint resolution, the | |
1519 | 2435 | bill or joint resolution shall be placed on the House Calendar under | |
1520 | 2436 | "Bills on Second Reading” or "Joint Reso lutions on Second Reading", | |
1521 | 2437 | as the case may be. | |
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1522 | 2463 | ||
1523 | 2464 | (b) On the Second Reading of a bill, the bill shall be read by | |
1524 | 2465 | Title only, unless otherwise ordered by the House, and shall be | |
1525 | 2466 | referred by the Speaker to an appropriate committee or directly to | |
1526 | 2467 | the House Calendar under the heading "Bills on General Order" or | |
1527 | 2468 | "Joint Resolutions on General Or der", as the case may be. | |
1528 | - | ||
1529 | 2469 | (c) Measures lacking substantive language shall be assigned to | |
1530 | 2470 | a committee designated to receive them and prior to being scheduled | |
1531 | 2471 | for a committee hearing, substantive language must be electronically | |
1532 | 2472 | filed, unless waived by the Speaker. | |
1533 | - | ||
1534 | 2473 | (d) No bill or joint resolution on First or Second Reading | |
1535 | 2474 | shall be subject to amendment or debate. | |
1536 | - | ||
1537 | 2475 | 8.4 – Management of Legislation and Committee Deadlines | |
1538 | - | ||
1539 | 2476 | (a) The Speaker of the House, or designee, shall publish a list | |
1540 | 2477 | of measures to be consi dered by the House of Representatives, and | |
1541 | 2478 | the Speaker of the House, or designee, shall determine the order of | |
1542 | 2479 | their consideration. | |
1543 | - | ||
1544 | 2480 | (b) No measure shall be scheduled for consideration unless the | |
1545 | 2481 | measure has been reported from a standing or special committee, or | |
1546 | 2482 | has been reported from an oversight committee, or has been referred | |
1547 | 2483 | directly to the General Order category of the House Calendar | |
1548 | 2484 | pursuant to Rule 1.4. No measure shall be considered reported from | |
1549 | 2485 | a standing or special committee until the electron ically signed | |
1550 | 2486 | committee report is filed with the Chief Clerk of the House. | |
1551 | 2487 | ||
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1552 | 2513 | (c) Upon adoption by the House of a motion to commit any | |
1553 | 2514 | measure to the House Rules Committee, a measure so committed shall | |
1554 | 2515 | not be subsequently returned by the Rules Committee with a favorable | |
1555 | 2516 | recommendation unless accompanied by a Special Rule adopted pursuant | |
1556 | 2517 | to Rule 8.5 prescribing how the measure will be considered by the | |
1557 | 2518 | House. A measure so r eturned shall not be taken up for | |
1558 | 2519 | consideration prior to the Special Rule required h erein being | |
1559 | - | adopted by the House. ENR. H. R. NO. 1002 Page 36 | |
1560 | - | ||
2520 | + | adopted by the House. | |
1561 | 2521 | CHAPTER B – BILLS AND JOINT RESOLUTIONS ON GENERAL ORDER | |
1562 | - | ||
1563 | 2522 | 8.5 – Special Rules | |
1564 | - | ||
1565 | 2523 | (a) The House Rules Committee may adopt a "special rule" for a | |
1566 | 2524 | measure scheduled or to be scheduled for consideration on the House | |
1567 | 2525 | Floor. | |
1568 | - | ||
1569 | 2526 | (b) A special rule may limit the offering of amendments, may | |
1570 | 2527 | prescribe the time and conditions of debate, may govern floor | |
1571 | 2528 | consideration on Third or Fourth Reading of the bill, or may contain | |
1572 | 2529 | any other provisions deemed appropriate. | |
1573 | - | ||
1574 | 2530 | (c) A special rule shall no t become operational unless first | |
1575 | 2531 | presented to the full House in the form of a House resolution. A | |
1576 | 2532 | House resolution reported by the Rules Committee for this purpose | |
1577 | 2533 | shall not be subject to amendment on the House Floor. | |
1578 | - | ||
1579 | 2534 | 8.6 – Special Orders | |
1580 | - | ||
1581 | 2535 | (a) After a measure is scheduled for consideration on the House | |
1582 | 2536 | Floor, a two–thirds (2/3) majority of the House may vote to | |
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1583 | 2563 | designate a measure as a “special order” to be taken up on a | |
1584 | 2564 | specific date or at a specific time. Such a vote shall be recorded | |
1585 | 2565 | in the House Journal. | |
1586 | - | ||
1587 | 2566 | (b) The provisions of this section shall not apply on the final | |
1588 | 2567 | date for Third Reading in either regular session or on the date of | |
1589 | 2568 | sine die adjournment. | |
1590 | - | ||
1591 | 2569 | 8.7 – Reading and Explanation | |
1592 | - | ||
1593 | 2570 | (a) A bill or joint resolution on General Order shall first be | |
1594 | 2571 | read by title, or read and considered by sections, unless otherwise | |
1595 | 2572 | ordered. | |
1596 | - | ||
1597 | 2573 | (b) The member presenting a bill or joint resolution shall be | |
1598 | 2574 | allowed a reasonable length of ti me in which to explain the bill or | |
1599 | 2575 | resolution, but said explanations shall not inclu de a discussion of | |
1600 | 2576 | the merits of the proposition. | |
1601 | - | ||
1602 | 2577 | (c) No bill or joint resolution on General Order shall be | |
1603 | 2578 | considered unless accompanied by a bill summary and, if adoptio n of | |
1604 | - | the measure will have a fiscal impact, including the affecting of | |
2579 | + | the measure will have a fiscal impact, including the affecting of | |
1605 | 2580 | revenues, expenditures , or fiscal liability, the summary shall | |
1606 | 2581 | contain a fiscal analysis. The fiscal analysis contained within a | |
1607 | 2582 | bill summary shall state the estimated increase or decr ease in | |
1608 | 2583 | revenues or expenditures and the present and future fiscal | |
1609 | 2584 | implications of the bill, if applicable. | |
1610 | 2585 | ||
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1611 | 2611 | (d) The accuracy of the bill summary or a fiscal or actuarial | |
1612 | 2612 | analysis contained within the bill summary shall not be a basis for | |
1613 | 2613 | a point of order under these Rules. | |
1614 | - | ||
1615 | 2614 | (e) No bill or joint resolution on General Order shall be | |
1616 | 2615 | considered until all opportunities provided by this Rule for filing | |
1617 | 2616 | proposed amendments shall be afforded the House. | |
1618 | - | ||
1619 | 2617 | (f) In such case where no main floor amendment shall be tim ely | |
1620 | 2618 | filed as defined in Rule 8.8(b) or where no main floor amendments | |
1621 | - | shall be offered except those amendments permitted under Rule 8.8(f) | |
1622 | - | and (g), such measure shall become eligible for floor consideration | |
1623 | - | upon the expiration. | |
1624 | - | ||
2619 | + | shall be offered except those amendments permitted under Rule 8.8 | |
2620 | + | (f) and (g), such measure shall become eligible for floor | |
2621 | + | consideration upon the expiration. | |
1625 | 2622 | 8.8 – Amendments | |
1626 | - | ||
1627 | 2623 | (a) All House and Senate bills and joint resolutions when | |
1628 | 2624 | initially published on the Floor Calendar shall be subject to | |
1629 | 2625 | amendment beginning at the time of such publishing. | |
1630 | - | ||
1631 | 2626 | (b) A main floor amendment must be filed no later than twenty – | |
1632 | 2627 | four (24) hours after a bill o r joint resolution is initially | |
1633 | 2628 | published on the Floor Calendar, to be eligible for consideration. | |
1634 | - | ||
1635 | 2629 | 1. Main floor amendments are eligible for consideration if | |
1636 | 2630 | filed by the Principal Author after the twenty -four (24) hour | |
1637 | 2631 | deadline, but forty-eight (48) hours prior to consideration. | |
1638 | - | ||
1639 | 2632 | (c) An amendment to a main floor amendment must be filed no | |
1640 | 2633 | later than forty–eight (48) hours after a bill or joint resolution | |
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1641 | 2660 | is initially published on the Floor Calendar, to be eligible for | |
1642 | 2661 | consideration. | |
1643 | - | ||
1644 | 2662 | 1. Main floor amendments filed pursuant to House Rule 8.8 | |
1645 | 2663 | (b)(1) are subject to amendment provided such a mendment to the main | |
1646 | 2664 | floor amendment is filed twenty -four (24) hours prior to | |
1647 | 2665 | consideration. | |
1648 | - | ENR. H. R. NO. 1002 Page 38 | |
1649 | 2666 | (d) Calendar days not concurrently designated as legislative | |
1650 | 2667 | days shall not be considered when calculating the beginning and | |
1651 | 2668 | ending dates and times for bills initially published on the Floor | |
1652 | 2669 | Calendar and passing through the amendment cycle. | |
1653 | - | ||
1654 | 2670 | (e) No amendment purporting to strike the Title or the Enacting | |
1655 | 2671 | or Resolving Clause of any b ill or joint resolution shall be in | |
1656 | 2672 | order except if filed by the Principal Author or as provided in | |
1657 | 2673 | paragraphs (f) and (g) of this section. | |
1658 | - | ||
1659 | 2674 | (f) The Chairperson of the Rules Committee or the Majority | |
1660 | 2675 | Floor Leader shall be permitted to offer amendments to strike the | |
1661 | 2676 | Title or the Enacting or Resolving Clause of measures not affecting | |
1662 | 2677 | revenue or appropriations. Amendments offered under this paragraph | |
1663 | 2678 | shall not be subject to the time constraints established by | |
1664 | 2679 | paragraphs (b) and (c) of this section, nor shall they be subject to | |
1665 | 2680 | the constraints on amending previously amended language establish ed | |
1666 | 2681 | by Rule 8.9(b). | |
1667 | - | ||
1668 | 2682 | (g) The Chairperson of the Appropriations and Budget Committee, | |
1669 | 2683 | or the Vice–chairperson of the Appropriations and Budget Committee, | |
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1670 | 2710 | shall be permitted to offer amendments to strike the Title or the | |
1671 | 2711 | Enacting or Resolving Clause of measures affecting revenue or | |
1672 | - | appropriations. | |
1673 | - | ||
2712 | + | appropriations. Amendments offered under this paragraph shall not be | |
2713 | + | subject to the time constraints established by paragraphs (b) and | |
1674 | 2714 | (c) of this section, nor shall they be subject to the constraints on | |
1675 | 2715 | amending previously amended language established by Rule 8.9(b). | |
1676 | - | ||
1677 | 2716 | (h) In the event a bill or joint resolution is published on the | |
1678 | 2717 | Floor Calendar and then subsequently removed while time remains for | |
1679 | 2718 | filing floor amendments as provided in this Rule, such bill or joint | |
1680 | 2719 | resolution, if published again on the Floor Calendar, shall not be | |
1681 | 2720 | considered by the House until the remaining time for filing floor | |
1682 | 2721 | amendments is concluded. | |
1683 | - | ||
1684 | 2722 | (i) When considering a mea sure section by section pursuant to | |
1685 | 2723 | Rule 8.7(a), a motion to strike a section when s uch section is under | |
1686 | 2724 | individual consideration shall not be subject to the time | |
1687 | 2725 | constraints established by this Rule for consideration of regularly | |
1688 | 2726 | filed floor amendments. | |
1689 | - | ||
1690 | 2727 | (j) When considering a measure section by section, the Title or | |
1691 | 2728 | Enacting or Resolving Clause of a bill or joint resolution may not | |
1692 | 2729 | be stricken except as provided in paragraphs (f) and (g) of this | |
1693 | - | section. ENR. H. R. NO. 1002 Page 39 | |
1694 | - | ||
2730 | + | section. | |
1695 | 2731 | 8.9 – Consideration and Presentation | |
2732 | + | ||
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1696 | 2757 | ||
1697 | 2758 | (a) The House shall not consider more than one amendment at a | |
1698 | 2759 | time and amendments shall be take n up only as sponsors gain | |
1699 | 2760 | recognition from the presiding officer to move their adoption. | |
1700 | - | ||
1701 | 2761 | (b) The adoption of an amendment to a section shall not | |
1702 | 2762 | preclude further amendmen t of that section so long as subsequent | |
1703 | 2763 | amendments do not purport to amend the same language previously | |
1704 | 2764 | amended. If a bill is being considered section by section or item | |
1705 | 2765 | by item, only amendments to the section or item under consideration | |
1706 | 2766 | shall be in order. | |
1707 | - | ||
1708 | 2767 | (c) For the purpose of this Rule, an amendment shall be deemed | |
1709 | 2768 | pending only after its author has been recognized by the presiding | |
1710 | 2769 | officer and has moved its adoption. | |
1711 | - | ||
1712 | 2770 | (d) The body of a bill or joint resolution shall not be defaced | |
1713 | 2771 | or interlined, but all proposed amendments shall be separately | |
1714 | 2772 | submitted, noting the page and line, and shall be considered timely | |
1715 | 2773 | filed only if the principal author of the amendment has | |
1716 | 2774 | electronically submitted such amendment in completed form to the | |
1717 | 2775 | Office of the Chief Clerk within the time constraints provided in | |
1718 | 2776 | Rule 8.8(b) and (c). | |
1719 | - | ||
1720 | 2777 | (e) Any measure of the type delineated in Rule 7.11(a) and (b) | |
1721 | 2778 | that is scheduled for floor consideration shall have a bill summary | |
1722 | 2779 | prepared prior to its consideration. | |
1723 | - | ||
1724 | 2780 | 8.10 – Floor Substitutes | |
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1725 | 2806 | ||
1726 | 2807 | (a) The House of Representatives shall not consider any | |
1727 | 2808 | amendment to a main floor amendment offered in the form of a floor | |
1728 | 2809 | substitute. An amendment to a main floor amendment shall be deemed | |
1729 | 2810 | a floor substitute only if adoption of the proposed amendment to a | |
1730 | 2811 | main floor amendment would result in replacement of all sections of | |
1731 | 2812 | the measure in question other than the section containing the | |
1732 | 2813 | effective date or emergency clause. Floor substitutes are | |
1733 | 2814 | amendable. | |
1734 | - | ||
1735 | 2815 | (b) Floor substitutes shall be accompanied by a summa ry which | |
1736 | 2816 | shall include a description of the differences between the floor | |
1737 | 2817 | version and the floor substitute. | |
1738 | - | ENR. H. R. NO. 1002 Page 40 | |
1739 | 2818 | 8.11 – Amendment of General Appropriations Bill | |
1740 | - | ||
1741 | 2819 | Whenever an amendment is offered to a General Appropriations | |
1742 | 2820 | Bill that would increase any line item of such bill, such amendment | |
1743 | 2821 | shall show the amount by line item of the increase and shall | |
1744 | 2822 | decrease a line item or items within the same bill in an amount or | |
1745 | 2823 | amounts equivalent to or greater than the increase required by the | |
1746 | 2824 | amendment. | |
1747 | - | ||
1748 | 2825 | 8.12 – Amendment Summary | |
1749 | - | ||
1750 | 2826 | (a) All proposed amendments to bills or joint resolutions shall | |
1751 | 2827 | be accompanied by a written summary and, if adoption of the | |
1752 | 2828 | amendment will have a fiscal impact, including the affecting of | |
1753 | 2829 | revenues, expenditures or fiscal liability, the summary shall | |
1754 | 2830 | contain a fiscal analysis upon being filed with the Office of the | |
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2856 | + | ||
1755 | 2857 | Chief Clerk. The fiscal analysis shall state the estimated increase | |
1756 | 2858 | or decrease in revenues or expenditures and the present and future | |
1757 | 2859 | fiscal implications of passage of the amended bill, if applicable. | |
1758 | 2860 | The summary shall not express comment or opinion relative to the | |
1759 | 2861 | merits of the amendment proposed. The requirements of this section | |
1760 | 2862 | shall not apply to amendments purporting to strike the Title or the | |
1761 | 2863 | Enacting or Resolving Clause of any bill o r joint resolution. | |
1762 | - | ||
1763 | 2864 | (b) Except as may be otherwise required by the Oklahoma Pension | |
1764 | 2865 | Legislation Actuarial Analysis Act, all amendments to bills or joint | |
1765 | 2866 | resolutions affecting any retirement system authorized by law shall | |
1766 | 2867 | be accompanied by a summary which shall include an estimate and | |
1767 | 2868 | actuarial analysis of the present and future fiscal implications of | |
1768 | 2869 | passage of the amended bill. The estimate and actuarial analysis | |
1769 | 2870 | contained in the summary shall be prepared by an actuary engaged by | |
1770 | 2871 | the House of Representat ives. | |
1771 | - | ||
1772 | 2872 | (c) The accuracy of an amendment summary or a fiscal or | |
1773 | 2873 | actuarial analysis co ntained within the written summary shall not be | |
1774 | 2874 | a basis for a point of order under these Rules. | |
1775 | - | ||
1776 | 2875 | 8.13 – Germaneness of House Amendments | |
1777 | - | ||
1778 | 2876 | The House shall not consider any prop osed amendment not germane | |
1779 | 2877 | to the subject of the House bill or resolution. An amendment to a | |
1780 | 2878 | main amendment must be germane to both the main amendment and the | |
1781 | 2879 | measure which it purports to amend. | |
1782 | - | ||
1783 | - | 8.14 – Amendments Out of Order ENR. H. R. NO. 1002 Page 41 | |
2880 | + | 8.14 – Amendments Out of Order | |
2881 | + | ||
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1784 | 2906 | ||
1785 | 2907 | An amendment is out of order if it is the principal substance of | |
1786 | 2908 | a bill or resolution that has received an unfavo rable committee | |
1787 | 2909 | report, has been withdrawn from further consideration by the | |
1788 | 2910 | principal author, or has not been reported favorably by the | |
1789 | 2911 | committee of reference in either se ssion of the current Legislature | |
1790 | 2912 | and may not be offered to a bill or resolution on the Floor Calendar | |
1791 | 2913 | and under consideration by the House. Any amendment that is | |
1792 | 2914 | substantially the same, and identical as to specific intent and | |
1793 | 2915 | purpose, as the bill or resol ution residing in the committee of | |
1794 | 2916 | reference is covered by this Rule, unless the bil l or resolution | |
1795 | 2917 | under amendment is substantially the same as the bill or resolution | |
1796 | 2918 | residing in the committee of reference. | |
1797 | - | ||
1798 | 2919 | 8.15 – Reconsideration | |
1799 | - | ||
1800 | 2920 | A motion to reconsider an y vote on the adoption or rejection of | |
1801 | 2921 | an amendment, or the adoption or rejection of a section of any bill | |
1802 | 2922 | or joint resolution, may be made by any member prior to the | |
1803 | 2923 | advancement of such measure from General Order, which motion shall | |
1804 | 2924 | be subject to debate. The motion to reconsider may be laid on the | |
1805 | 2925 | table without affecting the question in reference to which the | |
1806 | 2926 | motion is made, thereby resulting in a final disposition of the | |
1807 | 2927 | motion. | |
1808 | - | ||
1809 | 2928 | 8.16 – Motion to Commit | |
1810 | - | ||
1811 | 2929 | A motion may be made during the reading or considera tion of any | |
1812 | 2930 | bill or joint resolution on General Order to commit the bill to a | |
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1813 | 2957 | standing or special committee, with or without instructions. A | |
1814 | 2958 | motion to commit with instructions shall be electronically submitted | |
1815 | 2959 | to the Office of the Chief Clerk prior to con sideration by the | |
1816 | 2960 | House. | |
1817 | - | ||
1818 | 2961 | 8.17 – Motion to Advance from General Order | |
1819 | - | ||
1820 | 2962 | A motion to advance a bill or joint resolution from General | |
1821 | 2963 | Order shall not be in order until all opportunities provided by this | |
1822 | 2964 | Rule for filing proposed amendments shall be afforded the House. | |
1823 | 2965 | Once a motion to advance from General Order has been adopted, the | |
1824 | 2966 | bill or resolution shall be considered engrossed and on Third | |
1825 | 2967 | Reading. | |
1826 | - | ||
1827 | 2968 | CHAPTER C – BILLS AND JOINT RESOLUTIONS ON THIRD READING OR FOURTH | |
1828 | - | READING ENR. H. R. NO. 1002 Page 42 | |
1829 | - | ||
2969 | + | READING | |
1830 | 2970 | 8.18 – Consideration and Debate | |
1831 | - | ||
1832 | 2971 | (a) After Third Reading or Fourth Reading of a bill or joint | |
1833 | 2972 | resolution, the presiding officer shall put the question in the | |
1834 | 2973 | following manner: “The Question Before the House is, shall the Bill | |
1835 | 2974 | or Joint Resolution Pass?” | |
1836 | - | ||
1837 | 2975 | (b) After Third Reading or Fourth Read ing but before the vote | |
1838 | 2976 | is ordered, unless prohibited by Rule 8.21, the question shall be | |
1839 | 2977 | subject to debate. | |
1840 | - | ||
1841 | 2978 | (c) As governed by paragraph (b) of this section, debate shall | |
1842 | 2979 | be limited to one (1) hour, equally divided between the proponents | |
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1843 | 3006 | and opponents of the question, provided that no member may speak for | |
1844 | 3007 | more than ten (10) minutes. | |
1845 | - | ||
1846 | 3008 | (d) Any measure that lacks a title, enacting clause, or | |
1847 | 3009 | resolving clause shall not be subject to debate. | |
1848 | - | ||
1849 | 3010 | (e) Five (5) minutes of the time allocated to the proponents of | |
1850 | 3011 | the bill or joint resolution shall be reserved to the principal | |
1851 | 3012 | author, and the principal author shall have the right to close the | |
1852 | 3013 | debate. | |
1853 | - | ||
1854 | 3014 | (f) The question of passage of a bill or joint resolution on | |
1855 | 3015 | Third or Fourth Reading shall be decided by recorded vote after | |
1856 | 3016 | declaration of the question by the presiding officer. | |
1857 | - | ||
1858 | 3017 | (g) Any measure of the type delineated in Rule 7.11(a) and (b) | |
1859 | 3018 | that is scheduled for floor consideration shall have a bill summary | |
1860 | 3019 | prepared prior to its consideration. | |
1861 | - | ||
1862 | 3020 | 8.19 – Amendments | |
1863 | - | ||
1864 | 3021 | No bill or joint resolution on Third or Fourth Reading shall be | |
1865 | 3022 | subject to amendment. | |
1866 | - | ||
1867 | 3023 | 8.20 – Consideration of Emergency Clause | |
1868 | - | ||
1869 | 3024 | (a) When any bill or joint resolution containing a title and | |
1870 | 3025 | enacting clause is being considered on Third Reading or Fourth | |
1871 | 3026 | Reading, and such a bill or joint resolution contains an emergency | |
1872 | 3027 | clause, the emergency cla use shall constitute a separate question | |
1873 | - | and shall be subject to debate. ENR. H. R. NO. 1002 Page 43 | |
3028 | + | and shall be subject to debate. | |
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1874 | 3054 | ||
1875 | 3055 | (b) When any bill or joint resolution lacking a title or | |
1876 | 3056 | enacting clause is being considered on Th ird Reading and such a bill | |
1877 | 3057 | or joint resolution contains an emergency clause, the House shall | |
1878 | 3058 | not consider the emergency clause. The vote on Third Reading shall | |
1879 | 3059 | be considered the vote on the emergency clause and shall be recorded | |
1880 | 3060 | as such in the House Jour nal. | |
1881 | - | ||
1882 | 3061 | 8.21 – Consideration of Conference Committee Reports and Senate | |
1883 | 3062 | Amendments | |
1884 | - | ||
1885 | 3063 | (a) Motions to accept or reject Senate amendments or to adopt | |
1886 | 3064 | or reject conference committee reports may be arranged on a calendar | |
1887 | 3065 | or upon such calendars as may be directed by the Speaker of the | |
1888 | 3066 | House, or designee. | |
1889 | - | ||
1890 | 3067 | (b) The House shall not consider adoption of a conference | |
1891 | 3068 | committee report or a joint committee report until a majority of | |
1892 | 3069 | both the House and Senate members constituting the conference | |
1893 | 3070 | committee or joint committee h ave adopted or signed the report. Ex | |
1894 | 3071 | officio members of a House conference committe e may electronically | |
1895 | 3072 | sign a conference committee report and shall count towards a | |
1896 | 3073 | majority of signatures as required by this paragraph; however, such | |
1897 | 3074 | ex officio members sha ll not be included when calculating the number | |
1898 | 3075 | of signatures required to constitute a majority of the membership of | |
1899 | 3076 | a House conference committee. | |
1900 | - | ||
1901 | 3077 | (c) The House shall not consider a motion to adopt a Senate | |
1902 | 3078 | amendment, a House conference committee report, o r a House joint | |
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3104 | + | ||
1903 | 3105 | committee report unless it is limited to matters germane to the bill | |
1904 | 3106 | or resolution. | |
1905 | - | ||
1906 | 3107 | (d) A motion to adopt or reject a Senate amendment, conference | |
1907 | 3108 | committee report, or a joint committee report shall be subject to | |
1908 | 3109 | debate. Debate shall be l imited to one (1) hour, equally divided | |
1909 | 3110 | between the proponents and the opponents of the motion, provided | |
1910 | 3111 | that no member may speak for more than ten (10) minutes. | |
1911 | - | ||
1912 | 3112 | (e) If debate is requested and entertained on the question of | |
1913 | 3113 | adoption of a Senate amendment or a conference committee report, no | |
1914 | 3114 | further debate shall be permitted on Fourth Rea ding and final | |
1915 | 3115 | passage of the same measure. | |
1916 | - | ENR. H. R. NO. 1002 Page 44 | |
1917 | 3116 | (f) If debate is requested and entertained on the question of | |
1918 | 3117 | adoption of a joint committee report, no further debate shall be | |
1919 | 3118 | permitted on Third Reading and final passage of the same measure. | |
1920 | - | ||
1921 | 3119 | 8.22 – Transparency in Conference | |
1922 | - | ||
1923 | 3120 | (a) A summary of the changes contained in a conference | |
1924 | 3121 | committee report shall be made available prior to consideration of | |
1925 | 3122 | the report by the House. | |
1926 | - | ||
1927 | 3123 | (b) All conference committee reports whose adoption will have a | |
1928 | 3124 | fiscal impact shall be ac companied by a fiscal analysis. | |
1929 | - | ||
1930 | 3125 | (c) A conference committee report may be considered for | |
1931 | 3126 | adoption only if said report has been published on the joint | |
1932 | 3127 | conference calendar on e (1) legislative day before consideration of | |
1933 | 3128 | the report. | |
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1934 | 3154 | ||
1935 | 3155 | (d) A motion to reject a joint committee report with | |
1936 | 3156 | instructions or a motion to reject a conference committee report | |
1937 | 3157 | with instructions shall not be considered unless said instructions | |
1938 | 3158 | are electronically submitted to the Chief Clerk of the House prior | |
1939 | 3159 | to the time the principal Ho use author of the measure is initially | |
1940 | 3160 | recognized to present the joint committee report or the conference | |
1941 | 3161 | committee report to the House of Representatives. | |
1942 | - | ||
1943 | 3162 | RULE NINE | |
1944 | - | ||
1945 | 3163 | CHAMBER PROTOCOL | |
1946 | - | ||
1947 | 3164 | 9.1 – Daily Order of Business | |
1948 | - | ||
1949 | 3165 | (a) The following Order of Business shall be followed each day: | |
1950 | - | ||
1951 | 3166 | 1. Roll Call; | |
1952 | - | ||
1953 | 3167 | 2. Prayer, the timing of which shall be left to the discretion | |
1954 | 3168 | of the Majority Floor Leader; | |
1955 | - | ||
1956 | 3169 | 3. Inspirational Message by Chaplain o n Thursday mornings, the | |
1957 | 3170 | timing of which shall be left to the discretion of the Majo rity | |
1958 | 3171 | Floor Leader; | |
1959 | - | ENR. H. R. NO. 1002 Page 45 | |
1960 | 3172 | 4. Introduction of the Veteran of the Week on Monday mornings, | |
1961 | 3173 | the timing of which shall be left to the discretion of the Majority | |
1962 | 3174 | Floor Leader; | |
1963 | - | ||
1964 | 3175 | 5. Pledge of Allegiance, the timing of which shall be left to | |
1965 | 3176 | the discretion of the Majority Floor Leader; | |
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1966 | 3202 | ||
1967 | 3203 | 6. Introduction of a Doctor and/or Nurse of the Day, the timing | |
1968 | 3204 | of which shall be left to the discretion of the Majority Floor | |
1969 | 3205 | Leader; | |
1970 | - | ||
1971 | 3206 | 7. Correction of the Previous Day's Journal; | |
1972 | - | ||
1973 | 3207 | 8. House and Senate Bills and Joint Resolutions on Secon d | |
1974 | 3208 | Reading, the timing of which shall be left to the discretion of the | |
1975 | 3209 | Majority Floor Leader; | |
1976 | - | ||
1977 | 3210 | 9. Assignment or Reassignment of Bills and Resolutions, the | |
1978 | 3211 | timing of which shall be left to the discretion of the Majority | |
1979 | 3212 | Floor Leader; | |
1980 | - | ||
1981 | 3213 | 10. Bills, Resolutions, Conference Committee Reports, and Joint | |
1982 | 3214 | Committee Reports scheduled by the Speaker of the House, or | |
1983 | 3215 | designee; and | |
1984 | - | ||
1985 | 3216 | 11. Motions placing new business before the House. The | |
1986 | 3217 | Majority Floor Leader may schedule said motions at his or her | |
1987 | 3218 | discretion. | |
1988 | - | ||
1989 | 3219 | (b) If no measure is pending before the House, the Presiding | |
1990 | 3220 | Officer shall give the Majority Floor Leader preference for | |
1991 | 3221 | recognition. | |
1992 | - | ||
1993 | 3222 | 9.2 – Enforcement of House Rules, Order, and De corum | |
1994 | - | ||
1995 | 3223 | (a) The presiding officer shall enforce, apply, and interpret | |
1996 | 3224 | the Rules of the House in all deliberations. While in the Chamber, | |
1997 | 3225 | the presiding officer shall preserve order and decorum, shall | |
1998 | 3226 | prevent personal reflections or the impugning of the moti ve of any | |
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3252 | + | ||
1999 | 3253 | member, and shall at all times confine members to the question under | |
2000 | 3254 | discussion. | |
2001 | - | ||
2002 | 3255 | (b) When two (2) or more members seek recognition at the same | |
2003 | 3256 | time, the presiding officer shall name the one entitled to the | |
2004 | - | floor. The presiding officer shall not recognize any member who has | |
3257 | + | floor. The presiding officer shall not recognize any member who has | |
2005 | 3258 | risen or remains standing while another member is speaking. No | |
2006 | 3259 | member shall be entitled to be recognized to speak unless the member | |
2007 | 3260 | seeks recognition from the member's own desk. | |
2008 | - | ||
2009 | 3261 | (c) On all questions relative to the transgres sion of these | |
2010 | 3262 | Rules, the presiding officer shall call the members to order. In | |
2011 | 3263 | such case the member so called to order shall sit down and shall not | |
2012 | 3264 | rise except to explain said member's actions or to proceed in order. | |
2013 | - | ||
2014 | 3265 | (d) Any member may rise to a point of order against any other | |
2015 | 3266 | member when, in the member's opinion, such member is proceeding out | |
2016 | 3267 | of order. The member raising the point of order must cite the | |
2017 | 3268 | specific rule the member believes is in conflict. Such point of | |
2018 | 3269 | order shall be decided by the pre siding officer without debate. | |
2019 | - | ||
2020 | 3270 | (e) Any decision by the Speaker on a point of order is subject | |
2021 | 3271 | to an appeal to the House made in a timely manner by any member | |
2022 | 3272 | should the member or the House be aggrieved by such decision. Such | |
2023 | 3273 | appeal must be seconded by a minimum of one–fifteenth (1/15) of the | |
2024 | 3274 | membership of the House. Members desiring to second an appeal shall | |
2025 | 3275 | signify by rising. | |
2026 | 3276 | ||
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2027 | 3302 | (f) The question of an appeal shall be put in the following | |
2028 | 3303 | form: "The question is, shall the decision of the presiding officer | |
2029 | 3304 | be the decision of the House? All those in favor signify by voting | |
2030 | 3305 | 'Aye'; those opposed 'Nay'. The vote is now in progress." | |
2031 | - | ||
2032 | 3306 | (g) All appeals shall be decided by a recorded vote and without | |
2033 | 3307 | debate, except that the member taking said appeal shall have one (1) | |
2034 | 3308 | minute within which to state the reasons for the member's appeal | |
2035 | 3309 | during which they cannot yield to questions and the Chair may state | |
2036 | 3310 | the reasons for the Chair's decision. The member’s appeal must | |
2037 | 3311 | relate to the decision in question and may not pertain to the merits | |
2038 | 3312 | of any matter or legislation not related to the decision of the | |
2039 | 3313 | Chair. | |
2040 | - | ||
2041 | 3314 | (h) When a point of order is called, no member shall approach | |
2042 | 3315 | the presiding officer or the Chief Parliamentarian until after the | |
2043 | 3316 | presiding officer has ruled. If request ed by the presiding officer, | |
2044 | 3317 | the Majority Floor Leader may confer with the presiding officer | |
2045 | 3318 | regarding matters not pertaining to the point of order. | |
2046 | - | ||
2047 | 3319 | (i) The presiding officer shall not entertain points of order | |
2048 | - | pertaining to the constitutionality of a | |
3320 | + | pertaining to the constitutionality of a mea sure itself nor shall | |
2049 | 3321 | the presiding officer entertain points of order pertaining to the | |
2050 | 3322 | constitutionality of a measure's title. | |
2051 | - | ||
2052 | 3323 | (j) While a question is pending, Members are prohibited from | |
2053 | 3324 | referencing visitors in the House Gallery. | |
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2054 | 3350 | ||
2055 | 3351 | (k) The presiding officer may direct a Member's vote to be | |
2056 | 3352 | removed from the electronic voting machine if the Member is in | |
2057 | 3353 | breach of House Rules while the vote is open. | |
2058 | - | ||
2059 | 3354 | 9.3 – Procedure | |
2060 | - | ||
2061 | 3355 | (a) When the ayes and nays are ordered, the presiding officer | |
2062 | 3356 | shall put the question in the f ollowing form: "All those in favor | |
2063 | 3357 | signify by voting 'Aye'; those opposed 'Nay'. T he vote is now in | |
2064 | 3358 | progress." | |
2065 | - | ||
2066 | 3359 | (b) As governed by Rules 6.7(e), 7.6(d), 8.13, and 8.21(c), the | |
2067 | 3360 | House shall not consider in either session of the current | |
2068 | 3361 | Legislature any measure originating in the House of Representatives | |
2069 | 3362 | if said measure has been amended by the insertion of matter not | |
2070 | 3363 | germane to the subject of the bill or resolution. Points of order | |
2071 | 3364 | related to germaneness must be raised at the time the amendment is | |
2072 | 3365 | considered. | |
2073 | - | ||
2074 | 3366 | 9.4 – Debate | |
2075 | - | ||
2076 | 3367 | (a) Except as otherwise specifically provided in these Rules, | |
2077 | 3368 | when a debatable question is before the House, such debate shall be | |
2078 | 3369 | limited to fifteen (15) minutes, equally divided between the | |
2079 | 3370 | proponents and opponents of the question. Under no circumstances | |
2080 | 3371 | shall a member debate twice on the same question, nor shall any | |
2081 | 3372 | member speak longer than ten (10) minutes on the same question. | |
2082 | - | ||
2083 | 3373 | (b) When a debatable question is before the House, any member | |
2084 | 3374 | may move that the time for debate on such questi on be extended. For | |
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3400 | + | ||
2085 | 3401 | adoption, such motion need only receive a majority of those vot ing, | |
2086 | 3402 | a quorum being present. | |
2087 | - | ||
2088 | 3403 | (c) No member debating any question shall be interrupted by | |
2089 | 3404 | questions until said member has finished the member's remarks, and | |
2090 | 3405 | all time taken in asking and answering questions shall be deducted | |
2091 | 3406 | from the time allotted to said member. | |
2092 | - | ENR. H. R. NO. 1002 Page 48 | |
2093 | 3407 | (d) Debate offered in the House of Representatives shall in all | |
2094 | 3408 | cases be directed to the presiding officer in the form of Mister or | |
2095 | 3409 | Madam Speaker as the case may b e. | |
2096 | - | ||
2097 | 3410 | 9.5 – Privileges | |
2098 | - | ||
2099 | 3411 | (a) Questions and motions of privilege shall be: First, those | |
2100 | 3412 | affecting the rights of the House collectively, its safety, dignity, | |
2101 | 3413 | and the integrity of its proceedings; Second, the right, reputation, | |
2102 | 3414 | and conduct of its members individ ually in their representative | |
2103 | 3415 | capacity only, and shall have precedence over all other questions, | |
2104 | 3416 | except motions to adjourn. | |
2105 | - | ||
2106 | 3417 | (b) No member who obtains the floor on a question of personal | |
2107 | 3418 | privilege, or on a question of privileges of the House, shall debate | |
2108 | 3419 | any question, matter, or measure then pending in the House, or in | |
2109 | 3420 | any standing or special committee of the House, nor shall the member | |
2110 | 3421 | be allowed to yield the floor for questions from other members. | |
2111 | - | ||
2112 | 3422 | 9.6 – Voting and Division | |
2113 | - | ||
2114 | 3423 | (a) The electronic voting mac hine shall be used to record the | |
2115 | 3424 | vote whenever the ayes and nays are required or ordered. The | |
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2116 | 3451 | machine shall also be used to determine the presence of a quorum or | |
2117 | 3452 | to determine the numerical count where a division is requested and | |
2118 | 3453 | ordered. In the event the machine is not operating properly, all | |
2119 | 3454 | votes and determinations of quorums may be t aken by calling the | |
2120 | 3455 | roll. If a member's voting device is out of order, the member shall | |
2121 | 3456 | rise and so announce to the presiding officer and cast said member's | |
2122 | 3457 | vote orally prior to the declaration of the result of the vote. | |
2123 | 3458 | Every member shall vote providing the member is in the Chamber at | |
2124 | 3459 | the time the vote is in progress. | |
2125 | - | ||
2126 | 3460 | (b) The electronic voting machine shall be under the control of | |
2127 | 3461 | the presiding officer and shall be opera ted by such clerk as the | |
2128 | 3462 | presiding officer so designates. At a reasonable time prio r to any | |
2129 | 3463 | vote being taken, the presiding officer shall announce that a vote | |
2130 | 3464 | is about to be taken. When any member other than the Speaker is | |
2131 | 3465 | presiding, the member shall use the roll call switch located at the | |
2132 | 3466 | presiding officer's position upon the dais. When the Speaker is not | |
2133 | 3467 | presiding, the Speaker may direct the presiding officer to activate | |
2134 | 3468 | the Speaker's roll call switch in the manner requested by the | |
2135 | 3469 | Speaker. Any member who is present in the Chamber or is within the | |
2136 | 3470 | view of the presiding officer while a vote is in progress may direct | |
2137 | - | another member to activate said member's roll call switch in the | |
3471 | + | another member to activate said member's roll call switch in the | |
2138 | 3472 | manner requested by that member or may use the designated electronic | |
2139 | 3473 | voting station. The presiding officer, while a vote is in progress, | |
2140 | 3474 | may at his or her discretion, direct the clerk to activate another | |
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2141 | 3501 | member’s roll call switch if the member is within the view of the | |
2142 | 3502 | presiding officer while a vote is in progress. | |
2143 | - | ||
2144 | 3503 | (c) When sufficient time has elapsed for each member to vote, | |
2145 | 3504 | the presiding officer shall ask i f any members present desire to | |
2146 | 3505 | vote or change their vote. Following such inquiry and before the | |
2147 | 3506 | electronic voting machine is locked, any member may be excused from | |
2148 | 3507 | voting, pursuant to the provisions of Article V, Section 24 of the | |
2149 | 3508 | Oklahoma Constitution. | |
2150 | - | ||
2151 | 3509 | (d) The presiding officer shall then lock the machine and | |
2152 | 3510 | instruct the clerk to record the vote. The clerk shall immediately | |
2153 | 3511 | activate the recording equipment and, when th e vote is completely | |
2154 | 3512 | recorded, shall advise the presiding officer of the result, and the | |
2155 | 3513 | presiding officer shall announce the result to the House. No vote | |
2156 | 3514 | may be changed after it has been recorded. | |
2157 | - | ||
2158 | 3515 | (e) No member may vote for another member, nor may any pe rson | |
2159 | 3516 | cast a vote for a member, except as otherwise provided in this rule. | |
2160 | 3517 | A member who votes for another member, except as herein provided, | |
2161 | 3518 | may be punished in a manner the House determines. A person voting | |
2162 | 3519 | for a member, when not authorized by this rule, s hall be barred from | |
2163 | 3520 | the Chamber and may be further punished as the House considers | |
2164 | 3521 | proper. | |
2165 | - | ||
2166 | 3522 | (f) When a division is requested and ordered, those in the | |
2167 | 3523 | affirmative or the negative, as the case may be, shall cast their | |
2168 | 3524 | votes accordingly and the clerk shall a ctivate the electronic voting | |
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2169 | 3551 | machine so as to reflect the individual ayes and nays and the | |
2170 | 3552 | numerical count, but no permanent record thereof shall be made. | |
2171 | 3553 | When the vote is completed, the clerk shall advise the presiding | |
2172 | 3554 | officer of the result, and the pre siding officer shall announce the | |
2173 | 3555 | result to the House. In the event the machine is not operating | |
2174 | 3556 | properly, those in the affirmative shall arise from their seats and | |
2175 | 3557 | stand until they are counted aloud by the clerk, then those voting | |
2176 | 3558 | in the negative shall a rise and stand until they are counted, and | |
2177 | 3559 | the presiding officer shall announce the result. | |
2178 | - | ||
2179 | 3560 | (g) Except as provided in Rule 8.20 (b), all votes on final | |
2180 | 3561 | passage of bills and resolutions, or the emergency clause thereof, | |
2181 | 3562 | shall be by recorded votes. One –fifteenth (1/15) of the members | |
2182 | - | present, a quorum being present, may demand a recorded vote on any | |
3563 | + | present, a quorum being present, may demand a recorded vote on any | |
2183 | 3564 | proposition, or the presiding officer may order a recorded vote upon | |
2184 | 3565 | the presiding officer's own initiative. All such recorded votes | |
2185 | 3566 | shall be published in the House Journal. | |
2186 | - | ||
2187 | 3567 | 9.7 – Conduct During Voting | |
2188 | - | ||
2189 | 3568 | (a) While a vote is in progress and until the completion of a | |
2190 | 3569 | vote, and the announcement of the result, no member shall be | |
2191 | 3570 | recognized and no other business shall be transacted. | |
2192 | - | ||
2193 | 3571 | (b) No explanation of any vote sha ll be permitted while a vote | |
2194 | 3572 | is in progress or after a vote has been cast, except pu rsuant to | |
2195 | 3573 | Article V, Section 24, of the Oklahoma Constitution. | |
2196 | 3574 | ||
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3599 | + | ||
2197 | 3600 | (c) No member, House employee, or other person shall visit or | |
2198 | 3601 | remain by the Reading Clerk or his or her ass istant while a vote is | |
2199 | 3602 | in progress. | |
2200 | - | ||
2201 | 3603 | 9.8 – Previous Question | |
2202 | - | ||
2203 | 3604 | When a debatable question is before the House, any member may | |
2204 | 3605 | move the Previous Question. It shall be put in the following form: | |
2205 | 3606 | "The Previous Question has been moved. The Question is, shall the | |
2206 | 3607 | House cease debate and vote immediately on the pending question?" | |
2207 | 3608 | If the motion for the Previous Question passes, the pending question | |
2208 | 3609 | shall be put immediately and no member shall be heard to debate it | |
2209 | 3610 | further or seek to amend it. | |
2210 | - | ||
2211 | 3611 | 9.9 – Motion to Advance Question | |
2212 | - | ||
2213 | 3612 | When a debatable question is before the House, any member may | |
2214 | 3613 | move to Advance the Question. If the motion to Advance the Question | |
2215 | 3614 | passes, no further amendments to the matter considered shall be | |
2216 | 3615 | allowed and debate shall be limited to fifteen (15) minutes, equally | |
2217 | 3616 | divided between the proponents and opponents of the question, | |
2218 | 3617 | provided that no member may speak for more than five (5) minutes. | |
2219 | 3618 | After debate is concluded, the question shall be put immediately. | |
2220 | - | ||
2221 | 3619 | 9.10 – Reconsideration | |
2222 | - | ||
2223 | 3620 | (a) The final vote on Third Reading or Fourth Reading on any | |
2224 | 3621 | bill or joint resolution, or on the emergency clause thereof, or the | |
2225 | 3622 | final vote on adoption of a simple or concurrent resolution, may be | |
2226 | 3623 | reconsidered only if a member serves notice immediately after such | |
2227 | - | final vote is taken prior to the consideration of any other ENR. H. R. NO. 1002 Page 51 | |
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3650 | + | final vote is taken prior to the consideration of any other | |
2228 | 3651 | business, of said member's intenti on to present a motion to | |
2229 | 3652 | reconsider such action, and the presiding officer shall afford any | |
2230 | 3653 | member such opportunity prior to proceeding to consideration of any | |
2231 | 3654 | other business. | |
2232 | - | ||
2233 | 3655 | (b) Unless presented and considered within three (3) | |
2234 | 3656 | legislative days, including the day upon which notice is served, a | |
2235 | 3657 | motion to reconsider shall be considered as having failed of | |
2236 | 3658 | adoption and the measure shall be treated as if the notice had never | |
2237 | 3659 | been lodged. | |
2238 | - | ||
2239 | 3660 | (c) A motion to reconsider may be offered immediately or upon | |
2240 | 3661 | the same day the final vote is taken by the member who served | |
2241 | 3662 | notice, or by another member with said member's consent. On the | |
2242 | 3663 | last day of the reconsideration period, any member ma y seek | |
2243 | 3664 | recognition for a motion to reconsider. | |
2244 | - | ||
2245 | 3665 | (d) Motions to reconsider shall be disposed of before the close | |
2246 | 3666 | of business on the last day of the time period specified for Third | |
2247 | 3667 | Reading and final passage for House and Senate measures. | |
2248 | - | ||
2249 | 3668 | (e) On the last day of the time period specified for Third | |
2250 | 3669 | Reading and final passage for House and Sen ate measures, a motion to | |
2251 | 3670 | reconsider, lodged either upon that same day or upon the two (2) | |
2252 | 3671 | prior legislative days, may be offered by any member upon being | |
2253 | 3672 | recognized for such motion by the presiding officer. | |
2254 | 3673 | ||
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3698 | + | ||
2255 | 3699 | (f) On any day established as a deadline in Joint Rule 7, no | |
2256 | 3700 | motion to reconsider shall be recognized except immediately after a | |
2257 | 3701 | final vote is taken and prior to the consideration of any other | |
2258 | 3702 | business. A member may move to reconsider which motion shall be | |
2259 | 3703 | taken up immediately. | |
2260 | - | ||
2261 | 3704 | (g) For adoption, a motion to reconsider must receive a | |
2262 | 3705 | majority vote of those elected to and constituting the House. Only | |
2263 | 3706 | one (1) reconsideration of the final vote on a bill, resolution, or | |
2264 | 3707 | emergency clause shall be allowed. Except as otherwise specifically | |
2265 | 3708 | provided in Rule 8.15, no question shall be subject to | |
2266 | 3709 | reconsideration in the House. | |
2267 | - | ||
2268 | 3710 | 9.11 – Measures Vetoed By The Governor | |
2269 | - | ||
2270 | 3711 | (a) When a bill or joint resolution is returned to the House | |
2271 | 3712 | because of a veto by the Governor, a motion to vote to override the | |
2272 | - | veto shall be in order. ENR. H. R. NO. 1002 Page 52 | |
2273 | - | ||
3713 | + | veto shall be in order. | |
2274 | 3714 | (b) A motion to vote to override a veto by the Governor is | |
2275 | 3715 | debatable. Such debate shall be limited to thirty (30) minutes, | |
2276 | 3716 | equally divided between the proponents a nd opponents of the | |
2277 | 3717 | question; provided, that no member may speak for more than ten (10) | |
2278 | 3718 | minutes. | |
2279 | - | ||
2280 | 3719 | (c) Prior to consideration of a motion to override the | |
2281 | 3720 | Governor’s veto, if the returned bill or joint resolution was | |
2282 | 3721 | accompanied by a message of explanation, such message shall be | |
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2283 | 3748 | published to the House of Representatives as determined by the | |
2284 | 3749 | presiding officer. | |
2285 | - | ||
2286 | 3750 | 9.12 – Quorum | |
2287 | - | ||
2288 | 3751 | (a) At any time during the daily sessions of the House, a | |
2289 | 3752 | member recognized by the presiding officer may raise a question as | |
2290 | 3753 | to the presence of a quorum. If the presiding officer cannot | |
2291 | 3754 | ascertain whether or not there is a quorum, he or she shall, without | |
2292 | 3755 | debate, forthwith direct that the electronic voting machine be | |
2293 | 3756 | activated to determine the presence or absence of a quorum, and | |
2294 | 3757 | shall announce the result. | |
2295 | - | ||
2296 | 3758 | (b) Whenever it shall be ascertained that a quorum is not | |
2297 | 3759 | present, the members present may, by motion adopted by a majority of | |
2298 | 3760 | those voting, direct the Chief Sergeant at Arms to request and, if | |
2299 | 3761 | necessary, to compel the presence of absent members, which motion | |
2300 | 3762 | shall be considered without debate. Pending its execution and until | |
2301 | 3763 | a quorum shall be present, no motion or debate, except to adjourn to | |
2302 | 3764 | a day and time certain, shall be in order. | |
2303 | - | ||
2304 | 3765 | RULE TEN | |
2305 | - | ||
2306 | 3766 | MOTIONS | |
2307 | - | ||
2308 | 3767 | 10.1 – Precedence of Motions | |
2309 | - | ||
2310 | 3768 | Pending questions shall rank in precedence as set forth below in | |
2311 | - | paragraphs (a) through (e) of this section. Questions or motions | |
2312 | - | not listed in this section shall be treated in the same manner as | |
2313 | - | other motions of the same class. | |
3769 | + | paragraphs (a) through (e) of this section. Questions or motions not | |
3770 | + | listed in this section shall be treated in the same manner as other | |
3771 | + | motions of the same class. | |
3772 | + | ||
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2314 | 3797 | ||
2315 | 3798 | (a) Privileged Motions | |
2316 | - | ENR. H. R. NO. 1002 Page 53 | |
2317 | 3799 | Call of the House, quorum not present (not amendable – not | |
2318 | 3800 | debatable; see Rule 10.5(c); not subject to motion to table) | |
2319 | - | ||
2320 | 3801 | To adjourn (not amendable – not debatable; see Rule 12.1 (b); | |
2321 | 3802 | not subject to motion to table) | |
2322 | - | ||
2323 | 3803 | To adjourn to a time certain (amendable – not debatable; not | |
2324 | 3804 | subject to motion to table) | |
2325 | - | ||
2326 | 3805 | To recess (amendable – not debatable; not s ubject to motion to | |
2327 | 3806 | table) | |
2328 | - | ||
2329 | 3807 | (b) Questions of Privilege | |
2330 | - | ||
2331 | 3808 | Questions and motions of privilege (as governed by Rule 9.5; | |
2332 | 3809 | subject to motion to table) | |
2333 | - | ||
2334 | 3810 | Call of the House, quorum pr esent (not amendable – debatable; | |
2335 | 3811 | see Rule 10.5; subject to motion to table) | |
2336 | - | ||
2337 | 3812 | To work under the Call of the House (not amendable – debatable; | |
2338 | 3813 | see Rule 10.5; subject to motion to table) | |
2339 | - | ||
2340 | 3814 | Question of presence of quorum (not amendable – debatable; | |
2341 | 3815 | subject to motion to table) | |
2342 | - | ||
2343 | 3816 | (c) Incidental Motions | |
2344 | - | ||
2345 | 3817 | Appeals (not amendable – not debatable, excep t as governed by | |
2346 | 3818 | Rule 9.2; subject to motion to table) | |
2347 | - | ||
2348 | 3819 | Points of Order (not amendable – not debatable; not subject to | |
2349 | 3820 | motion to table) | |
2350 | 3821 | ||
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3846 | + | ||
2351 | 3847 | Parliamentary inquiries or like re quests for information (not | |
2352 | 3848 | amendable – not debatable; not subject to motion to table) | |
2353 | - | ||
2354 | 3849 | Requests for leave to withdraw a motion or question under | |
2355 | 3850 | consideration (not amendable – not debatable; see Rule 10.4; not | |
2356 | 3851 | subject to motion to table) | |
2357 | - | ||
2358 | 3852 | Suspension of the Rules (not amendable – not debatable; not | |
2359 | 3853 | subject to motion to table) | |
2360 | - | ENR. H. R. NO. 1002 Page 54 | |
2361 | 3854 | Objection to consideration of a question (not amendable – not | |
2362 | 3855 | debatable; not subject to motion to table) | |
2363 | - | ||
2364 | - | Divide the Question (amendable – not debatable; subject to | |
3856 | + | Divide the Question (amendable – not debatable; subject to the | |
2365 | 3857 | motion to table) | |
2366 | - | ||
2367 | 3858 | Method of consideration (amendable – not debatable; not subject | |
2368 | 3859 | to motion to table) | |
2369 | - | ||
2370 | 3860 | Question of priority (not amendable – not debatable; not subject | |
2371 | 3861 | to motion to table) | |
2372 | - | ||
2373 | 3862 | Reading of papers (not amendable – not debatable; not subject to | |
2374 | 3863 | motion to table) | |
2375 | - | ||
2376 | 3864 | (d) Subsidiary Motions | |
2377 | - | ||
2378 | 3865 | To advance from General Order (not amendable – not debatable; | |
2379 | 3866 | not subject to motion to table) | |
2380 | - | ||
2381 | 3867 | To table (not amendable – not debatable; not subject to itself) | |
2382 | - | ||
2383 | 3868 | To put the previous question (not amendable – not debatable; the | |
2384 | 3869 | motion to put the previous question is applicable to all debatable | |
2385 | 3870 | questions regardless of rank; subject to motion to table) | |
2386 | 3871 | ||
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3896 | + | ||
2387 | 3897 | To Advance the Question (not amendable – not debatable; subject | |
2388 | 3898 | to motion to table) | |
2389 | - | ||
2390 | 3899 | To extend time allocated for debate (amendable – not debatable; | |
2391 | 3900 | subject to motion to table) | |
2392 | - | ||
2393 | 3901 | To postpone to a time certain (amendable – debatable; not | |
2394 | 3902 | subject to motion to table) | |
2395 | - | ||
2396 | 3903 | To commit without instructions (not amendable – not debatable, | |
2397 | 3904 | except as to propriety of committing bill, resolution or main | |
2398 | 3905 | question; not subject to motion to table) | |
2399 | - | ||
2400 | 3906 | To amend (amendable – debatable; subject to motion to table) | |
2401 | - | ||
2402 | 3907 | To postpone indefinitely (not amendable – debatable; subject to | |
2403 | 3908 | motion to table) | |
2404 | - | ||
2405 | - | (e) Main Motions ENR. H. R. NO. 1002 Page 55 | |
2406 | - | ||
3909 | + | (e) Main Motions | |
2407 | 3910 | A main motion shall be defined as a substantive proposal such as | |
2408 | 3911 | a bill, resolution, or any other question which requires passage, | |
2409 | 3912 | adoption, rejection, approval, or disapproval by the House of | |
2410 | 3913 | Representatives. | |
2411 | - | ||
2412 | 3914 | Main questions include but are not limited to the following and | |
2413 | 3915 | shall rank in precedence as set forth below. All main motions shall | |
2414 | 3916 | be subject to motion to table. | |
2415 | - | ||
2416 | 3917 | To fix the date and time to adjourn sine die (amendable – | |
2417 | 3918 | debatable) | |
2418 | - | ||
2419 | 3919 | To reconsider (not amendable – debatable) | |
2420 | - | ||
2421 | 3920 | To rescind (not amendable – debatable) | |
2422 | 3921 | ||
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3946 | + | ||
2423 | 3947 | To adopt a Senate amendment (not amendable – debatable) | |
2424 | - | ||
2425 | 3948 | To reject a Senate amendment (not amendable – debatable) | |
2426 | - | ||
2427 | 3949 | To reject a Senate amendme nt with instructions (not amendable – | |
2428 | 3950 | instructions not amendable – debatable) | |
2429 | - | ||
2430 | 3951 | To adopt a conference committee report/joint committee report | |
2431 | 3952 | (not amendable – debatable) | |
2432 | - | ||
2433 | 3953 | To reject a conference committee report/joint committee report | |
2434 | 3954 | (not amendable – debatable) | |
2435 | - | ||
2436 | 3955 | To reject a conference committee report/joint committee report | |
2437 | 3956 | with instructions (not amendable – instructions not amendable – | |
2438 | 3957 | debatable) | |
2439 | - | ||
2440 | 3958 | To commit with instructions (in structions amendable – debatable) | |
2441 | - | ||
2442 | 3959 | To override the veto of the Governor (not amendabl e – debatable) | |
2443 | - | ||
2444 | 3960 | To schedule a special order (amendable only as to time – | |
2445 | 3961 | debatable only as to question of setting the special order – measure | |
2446 | 3962 | itself not open to debate) | |
2447 | - | ||
2448 | 3963 | Any other main question not specifically listed shall be taken | |
2449 | 3964 | up in the order offered. | |
2450 | - | ENR. H. R. NO. 1002 Page 56 | |
2451 | 3965 | 10.2 – Motions in Writing | |
2452 | - | ||
2453 | 3966 | Every motion shall be rendered in writing as ordered by the | |
2454 | 3967 | presiding officer and may be read by the clerk before debate or vote | |
2455 | 3968 | if so ordered by the presiding officer. All motions shall be put by | |
2456 | 3969 | the presiding officer prior to debate and prior to ordering the | |
2457 | 3970 | vote. | |
2458 | 3971 | ||
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3996 | + | ||
2459 | 3997 | 10.3 – Vote Required for Adoption of Motions | |
2460 | - | ||
2461 | 3998 | Except as otherwise specifically required by these Rules, or | |
2462 | 3999 | required by the Oklahoma Co nstitution, any motion, for adoption, | |
2463 | 4000 | need only receive a majority of those voting, a quorum being | |
2464 | 4001 | present. | |
2465 | - | ||
2466 | 4002 | 10.4 – Withdrawal of Motions | |
2467 | - | ||
2468 | 4003 | (a) Except as provided in paragraph (b) of this section, prior | |
2469 | 4004 | to commencement of debate thereon, or prior to action b eing taken | |
2470 | 4005 | thereon if there be no debate, any motion may be withdrawn by the | |
2471 | 4006 | member offering the motion. Otherwise, such motion may be withdrawn | |
2472 | 4007 | only upon adoption of a motion to withdraw. | |
2473 | - | ||
2474 | 4008 | (b) When a bill or resolution is under consideration within the | |
2475 | 4009 | House, the principal author or the member designated to present the | |
2476 | 4010 | bill or resolution on behalf of the principal author may withdraw | |
2477 | 4011 | said measure at any time prior to the vote being ordered on final | |
2478 | 4012 | passage of the bill or resolution. | |
2479 | - | ||
2480 | 4013 | 10.5 – Call of the House | |
2481 | - | ||
2482 | 4014 | (a) Call of the House may be moved at any time by any member, | |
2483 | 4015 | but must be seconded by fifteen (15) members. If there are more | |
2484 | 4016 | than three–fourths (3/4) of the House present at the time the motion | |
2485 | 4017 | is made, the motion must be seconded by thirty (30) memb ers. If | |
2486 | 4018 | such motion prevails, the business pending shall be suspended, the | |
2487 | 4019 | roll shall be taken, and the names of the absentees ascertained. | |
2488 | 4020 | The Chief Sergeant at Arms shall then be directed by the presiding | |
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2489 | 4047 | officer to compel the attendance of the absent members. After one | |
2490 | 4048 | (1) hour has expired, the roll shall again be taken and absent | |
2491 | 4049 | members noted in the Journal, and the business suspended upon the | |
2492 | 4050 | roll call shall proceed. If, however, before the expiration of the | |
2493 | 4051 | hour, all absent members, not otherwise excused, shall appear, the | |
2494 | 4052 | business pending shall then proceed. | |
2495 | - | ENR. H. R. NO. 1002 Page 57 | |
2496 | 4053 | (b) If a Call of the House be ordered, a motion to "work under | |
2497 | 4054 | the Call of the House" shall be in order and, if adopted, the House | |
2498 | 4055 | shall proceed with any other business at hand except that | |
2499 | 4056 | interrupted by a Call of the House. | |
2500 | - | ||
2501 | 4057 | (c) The Speaker, seconded by five (5) members, m ay move a Call | |
2502 | 4058 | of the House and send for absent members, provided there not be a | |
2503 | 4059 | quorum present. In all cases where an absent member shall be sent | |
2504 | 4060 | for and fails to attend in obedience to the summons, the report of | |
2505 | 4061 | the Chief Sergeant at Arms shall be entered in the Journal. | |
2506 | - | ||
2507 | 4062 | RULE ELEVEN | |
2508 | - | ||
2509 | 4063 | GENERAL PROVISIONS | |
2510 | - | ||
2511 | 4064 | 11.1 – Investigations | |
2512 | - | ||
2513 | 4065 | (a) No special committee established for the purpose of | |
2514 | 4066 | considering articles of impeachment or any other type of | |
2515 | 4067 | investigation shall be formed unless first authorized by a House | |
2516 | 4068 | resolution or by the Speaker. | |
2517 | - | ||
2518 | 4069 | (b) If authorized by House resolution, the resolution shall | |
2519 | 4070 | define the duties and time period during which the committee shall | |
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4096 | + | ||
2520 | 4097 | exist. Any member or members requesting the investigation shall not | |
2521 | 4098 | serve as chairperson of the special committee. | |
2522 | - | ||
2523 | 4099 | (c) Special committees established under this section shall, | |
2524 | 4100 | upon convening, adopt such rules and procedures as shall be | |
2525 | 4101 | determined by the committee to be in the best interest of the House | |
2526 | 4102 | of Representatives. | |
2527 | - | ||
2528 | 4103 | 11.2 – Distribution Within H ouse of Representatives | |
2529 | - | ||
2530 | 4104 | (a) No object or item of literature shall be distributed on the | |
2531 | 4105 | House Floor in anticipation of or while the House is meeting in | |
2532 | 4106 | session except upon the sponsorship of a member of the House of | |
2533 | 4107 | Representatives whose name shall appear on each individual object or | |
2534 | 4108 | item of literature to be distributed. | |
2535 | - | ||
2536 | 4109 | (b) All objects or items of literature distributed within the | |
2537 | 4110 | areas of the Capitol Building assigned t o the House of | |
2538 | 4111 | Representatives shall display the name of the person or entity | |
2539 | 4112 | distributing such materials. | |
2540 | - | ENR. H. R. NO. 1002 Page 58 | |
2541 | 4113 | (c) The selling of goods or services is prohibited in the areas | |
2542 | 4114 | of the Capitol building assigned to the House of Representatives | |
2543 | 4115 | except as authorized by the Speaker or designee. | |
2544 | - | ||
2545 | 4116 | 11.3 – Honorary Appointments | |
2546 | - | ||
2547 | 4117 | No honorary appointments shall be recorded in the House Journal. | |
2548 | - | ||
2549 | 4118 | 11.4 – Lobbying | |
2550 | - | ||
2551 | 4119 | (a) All lobbying activities directed at the House shall be | |
2552 | 4120 | governed by Title 74, Section 4249 through 4255 of the O klahoma | |
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4146 | + | ||
2553 | 4147 | Statutes and such other applicable rules lawfully promulgated by the | |
2554 | 4148 | Oklahoma Ethics Commission. | |
2555 | - | ||
2556 | 4149 | (b) No monetary contributions shall be accepted by any member | |
2557 | 4150 | or his or her staff on Capitol property at any time. | |
2558 | - | ||
2559 | 4151 | 11.5 – Designated Smoking Areas | |
2560 | - | ||
2561 | 4152 | No person shall smoke or vape within those parts of the Capitol | |
2562 | 4153 | Building assigned to the House. | |
2563 | - | ||
2564 | 4154 | 11.6 – Members of the Press | |
2565 | - | ||
2566 | 4155 | No persons shall be admitted to the designated press area in the | |
2567 | 4156 | House Gallery except members, House staff authorized by the Speaker, | |
2568 | 4157 | members of the press bearing permits signed by the Speaker, or | |
2569 | 4158 | designee, and the ch airpersons of the Capitol Press organizations | |
2570 | 4159 | and guests with the written permission of the Speaker and the | |
2571 | 4160 | chairpersons of the Capitol Press organizations. | |
2572 | - | ||
2573 | 4161 | 11.7 – Legislative Records | |
2574 | - | ||
2575 | 4162 | (a) Records that are required to be created by these Rules or | |
2576 | 4163 | that are of vital, permanent, or archival value shall be maintained | |
2577 | 4164 | in the Office of the Chief Clerk. | |
2578 | - | ||
2579 | 4165 | (b) Other records that are no longer needed for any purpose and | |
2580 | 4166 | that do not have sufficient administrative, legal, or fiscal | |
2581 | 4167 | significance to warrant their retenti on shall be disposed of | |
2582 | 4168 | systematically. | |
2583 | - | ENR. H. R. NO. 1002 Page 59 | |
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4194 | + | ||
2584 | 4195 | (c) A digital recording shall be made of each day’s session by | |
2585 | 4196 | the Office of the Chief Clerk which shall be compiled and stored on | |
2586 | 4197 | a digital device suitable for archival purposes. | |
2587 | - | ||
2588 | 4198 | (d) The committee staff assigned to each existing committee | |
2589 | 4199 | shall ensure compliance with this Rule for all records created or | |
2590 | 4200 | received by the committee or for a former committee whose | |
2591 | 4201 | jurisdiction has been assigned to the committee. | |
2592 | - | ||
2593 | 4202 | (e) The Speaker and all House officers under the directi on of | |
2594 | 4203 | the Speaker shall ensure compliance with this Rule for all records | |
2595 | 4204 | created or received by their respective offices and their | |
2596 | 4205 | predecessors in office. | |
2597 | - | ||
2598 | 4206 | (f) All records required by Rule 7 shall be made available on | |
2599 | 4207 | the House website at least for the duration of the Session. | |
2600 | - | ||
2601 | 4208 | (g) Members shall submit a written request to the Chief Clerk | |
2602 | 4209 | and Chief Parliamentarian to have the House Journal reflect a | |
2603 | - | Member's voting intention within one (1) legislative day of the | |
2604 | - | original vote. | |
2605 | - | ||
4210 | + | Member's voting intention within one legislative day of the original | |
4211 | + | vote. | |
2606 | 4212 | 11.8 – Technical Corrections | |
2607 | - | ||
2608 | 4213 | (a) The Office of Engrossing and Enrolling is authorized to | |
2609 | 4214 | correct misspelled words, citations, doublets, grammatical errors, | |
2610 | 4215 | or repeated words when engrossing House bills or joint resolutions, | |
2611 | 4216 | or House amendments to engrossed Senate bills or joint resolutions. | |
2612 | - | ||
2613 | 4217 | (b) When engrossing or enrolling House bills or joint | |
2614 | 4218 | resolutions, preparing House amendments to engrossed Senate bills or | |
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4244 | + | ||
2615 | 4245 | joint resolutions, and when preparing committ ee reports, the House | |
2616 | 4246 | staff is authorized to: | |
2617 | - | ||
2618 | 4247 | 1. remove sections from a bill or j oint resolution labeled as | |
2619 | 4248 | amendatory but which consist entirely of existing law and contain no | |
2620 | 4249 | amendments to the existing law; | |
2621 | - | ||
2622 | 4250 | 2. incorporate amendments to sections of la w in the bill or | |
2623 | 4251 | joint resolution which are contained in legislation enacted | |
2624 | 4252 | previously during the same legislature and amending the same | |
2625 | 4253 | sections of law and repeal such previous versions of the section at | |
2626 | 4254 | issue if, in the opinion of the House legal staff, the incorporation | |
2627 | - | of such amendments and repeal of the previous version would | |
4255 | + | of such amendments and repeal of the previous version would clear ly | |
2628 | 4256 | not conflict with the amendments contained in the legislation at | |
2629 | 4257 | issue; | |
2630 | - | ||
2631 | 4258 | 3. modify sections of such measures which provide for a measure | |
2632 | 4259 | to become effective on July 1 o r on a date earlier than ninety (90) | |
2633 | 4260 | days after the date of anticipated sine die adjournment to read to | |
2634 | 4261 | reflect an effective date of ninety (90) days after the date of | |
2635 | 4262 | actual sine die adjournment, or to delete such sections, if the | |
2636 | 4263 | emergency clause has fai led to receive the required number of votes | |
2637 | 4264 | for passage; | |
2638 | - | ||
2639 | 4265 | 4. delete language in such sections of such measures which | |
2640 | 4266 | provide for a measure to become effective on a date prior to such | |
2641 | 4267 | engrossment or enrollment; | |
2642 | 4268 | ||
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4293 | + | ||
2643 | 4294 | 5. modify the effective date of carry over bi lls by striking | |
2644 | 4295 | the effective date; and | |
2645 | - | ||
2646 | 4296 | 6. draft a referendum clause and ballot title if a measure is | |
2647 | - | deemed a revenue | |
4297 | + | deemed a Revenue Raising measure pursuant to Rule 6.11 and is | |
2648 | 4298 | adopted but fails to receive a three –fourths (3/4) vote in both | |
2649 | 4299 | Chambers. | |
2650 | - | ||
2651 | 4300 | 11.9 – Convening Restrictions | |
2652 | - | ||
2653 | 4301 | No legislative day shall begin between the hours of 12:00 | |
2654 | 4302 | midnight and 8:00 a.m. on any calendar day. | |
2655 | - | ||
2656 | 4303 | 11.10 – Security | |
2657 | - | ||
2658 | 4304 | Upon convening in regular or special session, no member of the | |
2659 | 4305 | House of Representatives, without the express permission of t he | |
2660 | 4306 | Chief Sergeant at Arms, shall enter upon the roof of the Capitol | |
2661 | 4307 | building within the areas adjacent to the hall of the House. | |
2662 | - | ||
2663 | 4308 | 11.11 – Utilization of House Resources | |
2664 | - | ||
2665 | 4309 | Caucuses, other than the Majority and Minority Caucuses, must | |
2666 | 4310 | register with the Chief Clerk if they use any House resources. Such | |
2667 | 4311 | registration shall include a listing of all members and invited | |
2668 | 4312 | guests of the Caucus and their organizational documents. The Chief | |
2669 | - | Sergeant at Arms shall be notified, in advance, if invited gu ests | |
2670 | - | will be attending any caucus functions. | |
2671 | - | ||
2672 | - | RULE TWELVE ENR. H. R. NO. 1002 Page 61 | |
2673 | - | ||
4313 | + | Sergeant shall be notified, in advance, if invited guests will be | |
4314 | + | attending any caucus functions. | |
4315 | + | RULE TWELVE | |
2674 | 4316 | ADJOURNMENT OR RECESS | |
2675 | - | ||
2676 | 4317 | 12.1 – Motion to Adjourn or Recess | |
4318 | + | ||
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2677 | 4343 | ||
2678 | 4344 | (a) When a motion to adjourn or recess is adopted, no member or | |
2679 | 4345 | officer shall leave said member's or officer's place until the | |
2680 | 4346 | adjournment or recess shall be declared by the presiding officer. | |
2681 | - | ||
2682 | 4347 | (b) When the House adjourns it shall be to 1:30 p.m. of t he | |
2683 | 4348 | succeeding legislative day unless another day and/or hour be | |
2684 | 4349 | specifically named, which day and/or hour shall be entered in the | |
2685 | 4350 | Journal. | |
2686 | - | ||
2687 | 4351 | (c) A motion to adjourn or rece ss shall always be in order when | |
2688 | 4352 | the floor can be obtained for that purpose. When a vote is being | |
2689 | 4353 | taken, a motion to adjourn or recess shall not be in order. When it | |
2690 | 4354 | is apparent to the presiding officer that the motion to adjourn or | |
2691 | 4355 | recess is being made for the purpose of delay and such motion has | |
2692 | 4356 | been voted in the negative, within the next preceding ten (10) | |
2693 | 4357 | minutes, the presiding officer, in the discretion of the presiding | |
2694 | 4358 | officer, may rule the motion out of order as being dilatory. | |
2695 | - | ||
2696 | 4359 | (d) In the event of fire, riot, or other extreme emergency, if | |
2697 | 4360 | the presiding officer believes taking the time for a vote on | |
2698 | 4361 | recessing or adjourning would be dangerous to those present, the | |
2699 | 4362 | presiding officer may declare the House recessed or adjourned to a | |
2700 | 4363 | call of the chair. | |
2701 | - | ||
2702 | 4364 | (e) A legislative day shall be adjourned no later than 12:00 | |
2703 | 4365 | midnight of the calen dar day that it began. | |
2704 | - | ||
2705 | 4366 | 12.2 – Absence of a Quorum | |
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2706 | 4392 | ||
2707 | 4393 | In the absence of a quorum, the Speaker with three (3) members | |
2708 | 4394 | shall be a sufficient number to adjourn to a time certain. | |
2709 | - | ||
2710 | 4395 | 12.3 – Sine Die Adjournment | |
2711 | - | ||
2712 | 4396 | (a) The date and time of sine die adjournment of each Regular | |
2713 | 4397 | Session of the Legislature shall be established by motion or | |
2714 | 4398 | resolution except that Regular Session shall be finally adjourned | |
2715 | 4399 | sine die at 5:00 p.m. on the last Frid ay in May of each year by | |
2716 | 4400 | operation of the Oklahoma Constitution. Upon arrival of 5 :00 p.m. | |
2717 | - | on the last Friday in May, no further business shall be conducted by | |
4401 | + | on the last Friday in May, no further business shall be conducted by | |
2718 | 4402 | the House and the presiding officer shall declare the House | |
2719 | 4403 | adjourned sine die. | |
2720 | - | ||
2721 | 4404 | (b) A Special or Extraordinary Session shall be finally | |
2722 | 4405 | adjourned sine die no later than the fifteenth day succeeding the | |
2723 | 4406 | General Election unless the date and time of sine die adjournment | |
2724 | 4407 | shall be otherwise established by motion or resolution at an earlier | |
2725 | 4408 | date and time. | |
2726 | - | ||
2727 | 4409 | RULE THIRTEEN | |
2728 | - | ||
2729 | 4410 | INTERIM STUDIES | |
2730 | - | ||
2731 | 4411 | 13.1 – Interim Studies | |
2732 | - | ||
2733 | 4412 | (a) When the Legislature is not in session, the Speaker shall | |
2734 | 4413 | have the authority to direct committees to make interim studies for | |
2735 | 4414 | such purposes as the Speaker may designate. | |
2736 | - | ||
2737 | 4415 | (b) The Speaker shall provide to the Chief Clerk of the House a | |
2738 | 4416 | copy of interim charges made to a standing or select committee. | |
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2739 | 4442 | ||
2740 | 4443 | (c) The committees shall meet as often as necessary to transact | |
2741 | 4444 | effectively the business assigned to them and may continue to | |
2742 | 4445 | exercise the oversight a nd investigatory powers granted in Rule | |
2743 | 4446 | 7.13. | |
2744 | - | ||
2745 | 4447 | 13.2 – Requests for Interim Studies | |
2746 | - | ||
2747 | 4448 | No resolution requesting or authorizing an interim study of any | |
2748 | 4449 | matter or proposition by the House, or a committee thereof, shall be | |
2749 | 4450 | introduced in or considered by the House. All such requests for | |
2750 | 4451 | interim study shall be submitted on request forms available to any | |
2751 | 4452 | member in the office of the Chief Clerk of the House. | |
2752 | - | ||
2753 | 4453 | 13.3 – Quorum | |
2754 | - | ||
2755 | 4454 | During a legislative interim, no committee shall take any final | |
2756 | 4455 | action unless a quorum of the mem bership of the committee is | |
2757 | 4456 | present. | |
2758 | - | ||
2759 | 4457 | 13.4 – Meeting Notice | |
2760 | - | ||
2761 | 4458 | During a legislative inte rim, published notice of any interim | |
2762 | - | committee meeting shall be given at least ten (10) days prior to the | |
4459 | + | committee meeting shall be given at least ten (10) days prior to the | |
2763 | 4460 | meeting. The staff of the House shall publish the meeting notices | |
2764 | 4461 | required by this section. The ten –day notice requirement of this | |
2765 | 4462 | section shall not apply to a committee or subcommittee meeting with | |
2766 | 4463 | a Senate committee or subcommittee on an interim study assigned for | |
2767 | 4464 | joint study. | |
2768 | - | ||
2769 | 4465 | RULE FOURTEEN | |
2770 | - | ||
2771 | 4466 | RULES | |
2772 | 4467 | ||
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4492 | + | ||
2773 | 4493 | 14.1 – Suspension or Amendment of Rules | |
2774 | - | ||
2775 | 4494 | (a) These Rules may be amended by a two -thirds (2/3) vote of | |
2776 | 4495 | those elected to and constituting the House; provided, any amendment | |
2777 | 4496 | to the Rules recommended by the Committee on Rules shall be | |
2778 | 4497 | effective if approved by a majority of the me mbers elected to and | |
2779 | 4498 | constituting the House. | |
2780 | - | ||
2781 | 4499 | (b) If the Committee on Rules shall recommend revisions or | |
2782 | 4500 | amendments to the Rules, the House shall be given one (1) day's | |
2783 | 4501 | prior notice before consideration of the recommended changes may | |
2784 | 4502 | commence. | |
2785 | - | ||
2786 | 4503 | (c) Two-thirds (2/3) of the members elected to and constituting | |
2787 | 4504 | the House may suspend the Rules , or a portion thereof, but a motion | |
2788 | 4505 | for that purpose shall be decided without debate. The motion shall | |
2789 | 4506 | include the specific rule to be suspended. | |
2790 | - | ||
2791 | 4507 | 14.2 – Parliamentary Authorities | |
2792 | - | ||
2793 | 4508 | Any parliamentary questions not provided for by the Oklahoma | |
2794 | 4509 | Constitution or these Rules shall be governed by the ruling of the | |
2795 | 4510 | Speaker. The Speaker shall publish these substantive rulings in a | |
2796 | 4511 | volume of precedents. In making his or her ruling, the Speaker may | |
2797 | 4512 | rely upon, but is not bound by, these published rulings or other | |
2798 | 4513 | parliamentary authorities, including, but not limited to, the latest | |
2799 | 4514 | edition of Mason’s Manual of Legislative Procedure. | |
2800 | - | ||
2801 | 4515 | 14.3 – Rules Effective | |
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2802 | 4541 | ||
2803 | 4542 | (a) These Rules shall be in fu ll force and effect for the | |
2804 | 4543 | duration of the 60th Oklahoma Legislature unless amended, as | |
2805 | 4544 | provided herein. | |
2806 | - | ENR. H. R. NO. 1002 Page 64 | |
2807 | 4545 | (b) Upon convening for a Special or Extraordinary Session, the | |
2808 | 4546 | time constraints in Rule 8.8 for filing main floor amendments and | |
2809 | 4547 | amendments to main f loor amendments shall not be applicable. | |
2810 | 4548 | ||
2811 | - | Adopted by the House of Representatives the 7th day of January, | |
2812 | - | 2025. | |
2813 | - | ||
2814 | - | ||
2815 | - | ||
2816 | - | ||
2817 | - | Presiding Officer of the House of | |
2818 | - | Representatives | |
2819 | - | ||
2820 | - | ||
2821 | - | OFFICE OF THE SECRETARY OF STATE | |
2822 | - | Received by the Office of the Secretary of State this __________ | |
2823 | - | day of __________________, 20 _______, at _______ o'clock _______ M. | |
2824 | - | By: _________________________________ | |
2825 | - | ||
2826 | - | ||
4549 | + | 60-1-12154 MAH 01/02/25 | |
2827 | 4550 |