The American Legion Department of Oklahoma Boys State
Home	Bills and Resolution

Order of Business for Debating a Bill or Resolution

• Bill “laid out” by the presiding officer
• Title of legislation read by the Reading Clerk
• Explanation of legislation by the author (3 minutes)
• Questioning of the author (5 minutes) this is NOT debate.
• Consideration of Amendments (if none skip to 6)
• Amendments must be in writing and on the presiding officer’s desk by completion of the questioning period
• Explanation of the amendment by the author (2 minutes)
• Debate on the Amendment
• Two minutes allowed for proponents to speak and two minutes for opponents to speak. Before debate begins the presiding officer will ask for and write down the names of all who wish to speak. They shall be alternated for and against each side equally dividing the time allowed to speak (if two want to speak for then each has one minute, etc.)
• The author of the amendment shall have two minutes to summarize.
• Vote on the Amendment (if more amendments go back to B.)
• Debate on the Legislation
• Three minutes are allowed for proponents and three for opponents to speak with the time divided equally among the number wishing to speak on each side in the same manner as for amendments.
• Summation by author (3 minutes)
• Vote on passage of legislation

Notes:

• During explanation the author may only explain, not debate. He may debate in summation.
• Any author may yield excess time to the appropriate questioning period or may waive it.
• Any speaker may yield time to another during debate. Proponents may also yield time to summation.
• Any speaker may waive his time.
• Previous Question
• If the previous question is moved and seconded on an amendment during the amendment’s questioning time, then if adopted by a vote, the Chair moves into voting on the amendment after the author summation.
• If previous question is moved and seconded on legislation during its questioning time, then if adopted by vote, it cuts off amendments as well as debate and the Chair moves into voting on the legislation after the author summation.

Sample Bill Note:

A bill is a document which, when introduced into the legislature, passed by both the House and Senate and approved by the Governor becomes law.

A resolution is a document introduced into one or both houses and states an opinion or desire of one or both houses. It does not require the approval of the governor and does not have the effect of law (with one exception).

A good bill will have the following parts and in most cases is a simple fill in the blank exercise. The work is in the writing of the body of the bill.

UNIFORM HEADING:

The Uniform Heading of a bill is always the same for each house (see example)

TITLE:

The Title of a bill states in clear, concise terms the content and purpose of the bill and always begins, AN ACT RELATING TO.

ENACTING CLAUSE:

The Enacting Clause states the authority by which the law is made. It is always the same: BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF OKLAHOMA.

BODY

The body of the bill is what the bill is about. This is where the author clearly explains the purpose and scope of the bill. Each general idea is called a section and would correspond to a paragraph. Beginning with the body, each line of the bill is numbered for easy reference. There is no minimum or maximum length for the body of a bill.

DEFINITION CLAUSE

The Definition Clause explains any word or phrase that might not be clearly understood by those reading and discussing the bill. This clause is optional.

PENALTY CLAUSE

The penalty section sets the penalty for a violation of the law (if it can be violated). It always begins, “The penalty for a violation of this law shall be ___”

REPEAL CLAUSE

Under normal conditions, any act that conflicted with the bill would be repealed by title and number. However, for ease at Boys State, the Repeal Clause always reads, “All acts or parts of acts in conflict herewith are hereby repealed.”

SEVERABILITY CLAUSE

This section divides each part of the bill into constitutionally separate sections so that if one part is unconstitutional the other parts remain in effect. It is written, “The provisions of this act are severable and should any part be declared unconstitutional it shall not affect the other remaining parts.”

EFFECTIVE DATE

This section sets the date the law is to go into effect. (It must be at least 90 days from the date of the governor’s signature.) Any earlier date requires the emergency clause.

EMERGENCY CLAUSE

The Emergency Clause provides that the law shall go into immediate effect upon the signature of the governor. This clause requires a 2/3 vote for passage.

When a particular house passes a bill or resolution, it must be signed by the presiding officer of that house and sent to the opposite house for approval and then on the governor for his approval.

Sample Resolution

House # ______ Resolution # _____House 1999 Session Author _______

A RESOLUTION COMMEND GOVERNOR GEORGE NIGH UPON HIS ELECTION AS GOVERNOR OF THE STATE OF OKLAHOMA

Whereas: The Honorable George Nigh has been re-elected Governor of the State of Oklahoma, and

Whereas: The People of the State of Oklahoma have placed in him their trust as the first governor ever elected to a second term, and

Whereas: Governor George Nigh has performed his duties as Governor in an efficient and professional manner, therefore

BE IT RESOLVED THAT:

This House extends to Governor George Nigh congratulations upon his re-election as Governor of the State of Oklahoma, and upon being the first Governor ever elected to a second term.

A GOOD BILL WILL MEET THESE TESTS

• It deals with only one general subject.
• It expresses the subject clearly and accurately in the Title
• It expresses the author’s purpose in concise, everyday language
• It is as brief and simple as possible
• It includes an enacting clause or resolving clause
• It represents clear, analytical thinking on the part of the author and is condensed to the bare essentials.
• If the bill proposes a new law it is divided into sections
• If it amends an existing law, it specifies which law (see repeal clause above)
• Each separate section is numbered consecutively.

Words with more than one meaning, unclear meaning, etc. are not used or, if unavoidable, are used with clear definitions in the bill.

Sample Bill

Uniform Heading House #____ Bill # ____ House 1999 Session Author: __

TITLE AN ACT RELATING TO PUBLIC SAFETY MAKING IT UNLAWFUL TO USE DDT IN THE STATE OF OKLAHOMA, DEFINING TERMS: PROVIDING PENALTIES FOR VIOLATIONS: REPEALING ALL CONFLICTING ACTS: FIXING AN EFFECTIVE DATE.

ENACTING CLAUSE BE IT ENACTED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF OKLAHOMA:

BODY 1. SECTION 1. It shall be unlawful for any person, group

of persons, firm or corporation to use a chemical

3. insecticide called DDT.

4.

DEFINITION CLAUSE 5. SECTION 2. DDT shall be defined as a chemical

• insecticide which is a clorinated hydrocarbon known
• as dichlorodiphenyltrichloroethene.

8.

PENALTY CLAUSE 9. SECTION 3. The penalty for a violation of this act

• shall be a fine of not less than five hundred dollars
• ($500.00) and not to exceed one thousand dollars
• ($1000.00) and/or imprisonment in a county jail for a
• period not to exceed one year.

14.

REPEAL CLAUSE 15. SECTION 4. All acts or parts of acts in conflict

• herewith are hereby repealed.

SEVERABILITY 18. SECTION 5. The provisions of this act are severable 19. and if any part shall be held unconstitutional, the

• remaining provisions shall not be affected.

EFFECTIVE DATE 22. SECTION 6. The provisions of this act shall be

23. effective on and after January 1, 2001.

EMER. CLAUSE 23. SECTION 6. It being immediately necessary for the

24. preservation of the public peace, health and safety, an

25. emergency is hereby declared to exist by reason

26. whereof this Act shall take effect and be in full force

• from and after its passage and approval by the
• governor.

NOTE: Emergency clause replaces effective date clause and requires a 2/3 vote.

PROGRESS OF BILLS THROUGH THE OKLAHOMA LEGISLATURE

• Drafted bill is introduced in one house of the legislature, numbered, printed, given FIRST READING, and placed on the legislative calendar. All bills for raising revenue must originate in the House of Representatives.
• Bill receives SECOND READING and is referred to a committee (or committees) for consideration. Bills may be placed on General Order without committee assignment.
• Committee considers bill and reports: do pass, do pass as amended, or do not pass. Bill is then either sent to the second committee to which it was assigned or ordered printed (with amendments) and placed on the CALENDAR.
• Bill is placed on GENERAL ORDER for consideration (Debate/Amendment) by the whole House of Representatives or Senate.
• The House of Representatives or Senate considers the bill and it may be amended, advanced to engrossment, or re-referred to a committee at this point.
• It is then ENGROSSED in a form incorporating all changes made thus far.
• THIRD READING and final action may then take place. Action may be shown as passed, passed as amended, or failed. Notice may be served to RECONSIDER.
• The presiding officer then signs the engrossed bill and it is sent to the other House of the Legislature.
• The Bill then follows steps one through seven through the next House.
• Bill is signed by the presiding officer and returned to the house of origin.
• If amendments have been added in the second house, the originating house may concur in these amendments or reject them.
• If such amendments are rejected, the bill may be referred to a conference committee composed of members of both houses to reconcile the differences. The committee prepares a conference report and each house may adopt or reject the report (as is); the conference committee report cannot be amended. Further conference may be requested if either house rejects the report.
• Once the bill has passed both houses in identical form, it is ENROLLED and give fourth reading in each house at which time the presiding officer signs it. The originating house then sends it to the Governor.
• The Governor may approve or VETO the bill within five days (Sundays excepted) or he may refuse to sign and may allow the bill to become law without his approval after the five-day period has elapsed. A bill may become law, regardless of the Governor’s veto if it is passed by a two-thirds majority of each house (OVERRIDE). No bill shall become law after final adjournment (SINE DIE) of the legislature unless approved by the Governor within 15 days after adjournment. A bill not signed within 15 days after adjournment becomes a POCKET VETO.
• A bill that becomes LAW is filed with the Secretary of State.

SPECIAL NOTE : Due to the limited time of the legislative sessions, frivolous acts are discouraged (Example: it is not permissible to impeach the governor).