Oklahoma Legislature - Powers

Powers

Section 1 of Article V of the Oklahoma Constitution sets forth the powers of the Legislature. All of the State's legislative authority is vest within the Legislature as well as other powers. The most important among these powers are the powers to levy and collect taxes, borrow money, and to raise and maintain the militia of the State. Just as the US Constitution has a "Necessary and Proper Clause", the Oklahoma Constitution in Section Article 5 section 45 provides the Legislature the power to pass laws as they are necessary for carrying into effect the Oklahoma Constitution. Other than those powers specificlly reserved to the people of Oklahoma, the Legislature's power to legislate extends to "all rightful subjects of legislation" and may write laws on any subject whatsoever.

The returns of every election for all elective state officers are transmitted to the Secretary of State, directed to the Speaker of the House of Representatives, who shall, immediately after the organization of the House, and before proceeding to other business, open and publish the information in the presence of a majority of each branch of the Legislature, who shall for that purpose assemble in the hall of the House of Representatives. The persons respectively having the highest number of votes for either of the said offices shall be declared duly elected. In the event of a tie, the Legislate has the power to break deadlocks in the all election involving state officials. If two or more candidates have an equal and the highest number of votes, the Legislature, by means of a joint ballot, may elect one of the said persons for said office.

Among of the foremost non-legislative functions of the Legislature is the power to establish a state printing plant, and to provide for the election or appointment of a State Printer, the establishment of a State Geological and Economic Survey, and the creation of a Board of Health, Board of Dentistry, Board of Pharmacy, and Pure Food Commission, and prescribe the duties of each.

The Legislature is required every 10 years, beginning in 1907 (the date of Oklahoma entrance to the Union), to make provision by law for revising, digesting, and announce the laws of Oklahoma. The Legislature shall define what is an unlawful combination, monopoly, trust, act, or agreement, in restraint of trade, and enact laws to punish persons engaged in any unlawful combination, monopoly, trust, act, or agreement, in restraint of trade.

Section 46 through 53 of Article V of the Oklahoma Constitution places certain limits on the authority and powers of the Legislature. For instance, the Legislature may not meddle in the affairs of local government in the realm of day to day business, such as street lay out or school districts. Legislators may not appropriate any of the public money for the establishment and maintenance of a Bureau of Immigration in Oklahoma, nor pass any law exempting any property within Oklahoma from taxation (except where the Constitution grants such an exemption). The Legislature may not pass laws granting to any association, corporation, or individual any exclusive rights, privileges, or immunities.