Oklahoma Intercollegiate Legislature Special Session of the Forty-Fifth Legislature

Transcription

1 Oklahoma Intercollegiate Legislature Special Session of the Forty-Fifth Legislature April 5th, 2013 University of Oklahoma Norman Campus Jacob Daniel Governor Michael Merit Lieutenant Governor Sean Baser President Pro Tempore of the Senate Victoria Jensen Chief Justice of the Supreme Court Rosina Albanese Speaker of the House 1

2 Schedule of Events Special Session of the Forty-Fifth Oklahoma Intercollegiate Legislature April 5 th, pm University of Oklahoma, Norman Campus (All times are approximate and session may move faster if the chambers progress on the legislation. Dinner is not a required attendance.) Saturday 1:00pm 1:30pm Delegation Check-In Dale Hall Rm 103 1:30pm 1:50pm Joint Session Dale Hall Rm 103 1:50pm 2:30pm Committees House Dale Hall Rm 107 Senate Dale Hall Rm 125 2:30pm 5:00pm 5:00pm 5:30pm 6:00pm 8:00pm General Session Joint Session Dinner House Dale Hall Rm 107 Senate Dale Hall Rm 125 Dale Hall Rm 103 Ted s Café Escondido Steering Committee Special Session of the Forty-Fifth Oklahoma Intercollegiate Legislature Governor Lieutenant Governor President Pro Tempore of the Senate Deputy President Pro Tempore of the Senate Speaker of the House Speaker Pro Tempore of the House Attorney General Secretary of State Chief Justice Treasurer Jacob Daniel (OU) Michael Merit (OSU) Sean Baser (OSU) Baylee Butler (OSU) Rosina Albanese (ORU) Mitchell Bryant (OU) Ashley Chase (OSU) Nina Sichterman (OU) Victoria Jensen (ORU) Rachel Carlson (Cameron) 2

3 Index Senate Joint Resolutions: Pg. 4 Internal Legislation: Pg. 8 Executive Memorandum: Pg. 12 Executive Order: Pg. 15 Special Session Regulations Pg. 17 3

4 Oklahoma Intercollegiate Legislature Special Session of the 45 th Legislature (2014) SENATE JOINT RESOLUTION No. 001 Merit (ALU) Butler (ALU) Crofford (OU) of the Senate Bryant (ALU) of the House AS INTRODUCED A Joint Resolution directing the OIL Election Committee to refer to the people for their approval or rejection a proposed amendment to the Article of the Fourth of the OIL Constitution; providing for ballot title; providing for codification; directing filing. BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE 1ST SESSION OF THE 46TH LEGISLATURE: SECTION 1. The O.I.L. Election Commission shall refer to the people for their approval or rejection, as and in the manner provided by law, the following proposed amendment to Sections one, five, and eight of Article 4 of the Constitution of the Oklahoma Intercollegiate Legislature. Article the Fourth Section One. 2. There shall also be a Lieutenant Governor, an Attorney General and a Treasurer who shall be elected by the members of the organization and serve terms the same as the Governor. No person shall serve as Lieutenant Governor or Attorney General or Treasurer who shall not have been a member of the organization for at least the duration of two (2) conferences. Section Five. 2. The Governor elect, before taking office, shall appoint, with the advice and consent of the Senate, the Attorney General for a term beginning not before the Governor elect s swearing in and expiring no later than the Governor s last day in office. No person shall serve as Attorney General who shall not have been a member of the organization for at least the duration of two (2) conferences The Governor elect, before taking office shall appoint, with the advice and consent of the Senate, all other Directors, Secretaries, Judges and other officers of the organization whose appointments are not herein provided for, and which shall be established by law, provided that the Legislature may vest this power in the Governor alone, the Courts of the organization, or in other officers they deem proper. The Legislature may also provide for the 4

5 election of such positions by the members or groups of members of the organization. Section Eight. The Attorney General shall advise the Governor and members of the legislature on legal matters which may be of concern to them. The Attorney General shall review all legislation that is passed by both legislative bodies, before it is presented to the Governor for signature or approval. Additionally, the Attorney General shall, upon request of the author or elected legislative leadership, issue a non-binding legal opinion regarding the legality of prospective or current legislation. These duties may be regulated by statute or regulations promulgated by the Office of the Attorney General. He or she may also represent the organization before any of its Courts to which the organization is a party to an internal dispute. In the event of a vacancy in the office, it shall be filled by an appointment of the Governor with the advice and consent of the Senate. SECTION 2. The Ballot Title for the proposed Constitutional amendment as set forth in Section 1 of the resolution shall be in the following form: BALLOT TITLE Legislative Referendum No. O.I.L. Question No. THE GIST OF THE PROPOSITION IS AS FOLLOWS: This measure amends Article Four, Sections One, Five, and Eight of the Oklahoma Intercollegiate Legislature Constitution. It would amend the role of Attorney General. SHALL THIS AMENDMENT BE APPROVED BY THE PEOPLE? YES, FOR THE AMENDMENT NO, AGAINST THE AMENDMENT SECTION 3. The Chief Clerk of the House of Representatives, immediately after the passage of this resolution, shall prepare and file one copy thereof, including the Ballot Title set forth in Section 2 hereof, with the Secretary of State, with one copy to the Attorney General. 5

6 Oklahoma Intercollegiate Legislature Special Session of the 45 th Legislature (2014) SENATE JOINT RESOLUTION No. 002 Merit (ALU) Butler (ALU) Crofford (OU) of the Senate Bryant (ALU) of the House AS INTRODUCED A Joint Resolution directing the OIL Election Committee to refer to the people for their approval or rejection the proposed creation of Article the Tenth of the OIL Constitution; providing for ballot title; providing for codification; directing filing. BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE 1ST SESSION OF THE 46TH LEGISLATURE: SECTION 1. The O.I.L. Election Commission shall refer to the people for their approval or rejection, as and in the manner provided by law, the following proposed amendment creating Sections 1-5 of Article the Tenth of the Constitution of the Oklahoma Intercollegiate Legislature. Article the Tenth Section One. During each regular Fall and Spring Session, there shall be a competition held that shall be composed of: (1) Senate Awards (2) House of Representative Awards (3) Moot Court (4) Day of Service Competition (5) Journalism Competition Section Two. Both the Senate and the House of Representatives shall determine the structure of their competition and awards through Standing Rules of Procedure and according to statute. Section Three. The moot court competition shall be governed according to statute. Section Four. The Day of Service Competition shall be governed according to statute and regulations promulgated by the Lieutenant Governor. At no time shall the Lieutenant Governor have sole discretion to award competition points for this competition, besides discretionary points. Section Five. The journalism competition shall be governed according to statute and 6

7 regulations promulgated by the Press Secretary. At no time shall the Press Secretary or other official have sole discretion to award competition points for this competition. SECTION 2. The Ballot Title for the proposed Constitutional amendment as set forth in Section 1 of the resolution shall be in the following form: BALLOT TITLE Legislative Referendum No. O.I.L. Question No. THE GIST OF THE PROPOSITION IS AS FOLLOWS: This measure creates Article Ten, Sections 1-5 of the Oklahoma Intercollegiate Legislature Constitution. It would codify the OIL delegation competition. SHALL THIS AMENDMENT BE APPROVED BY THE PEOPLE? YES, FOR THE AMENDMENT NO, AGAINST THE AMENDMENT SECTION 3. The Chief Clerk of the House of Representatives, immediately after the passage of this resolution, shall prepare and file one copy thereof, including the Ballot Title set forth in Section 2 hereof, with the Secretary of State, with one copy to the Attorney General. 7

8 Oklahoma Intercollegiate Legislature Special Session of the 45 th Legislature (2014) Internal Legislation No. 001 Merit (ALU) Butler (ALU) Crofford (OU) of the Senate Bryant (ALU) of the House AS INTRODUCED An Act relating to duties of the Attorney General, duties of the Press Secretary; amending Title Five of the Oklahoma Intercollegiate Legislature Statutes; providing for short title; providing for codification; and providing for an emergency, and providing for effective date. BE IT ENACTED BY THE OKLAHOMA INTERCOLLEGIATE LEGISLATURE: SECTION 1. This Act shall be known as the "Executive Reform Act of 2014." SECTION 2. AMENDATORY Title Five of the Oklahoma Intercollegiate Legislature Statutes shall be amended to read as follows: Chapter Four Attorney General Section 400: The Attorney General, whenever called upon by a member of the Organization, may issue opinions concerning the operations of the Organization. Such opinions shall be binding upon all executive officers unless overturned in an Organizational court. Section 411: The Office of the Attorney General shall be responsible for the coordination and activities of the OIL Journalism Program. The procedures off the Journalism Program will be given to the Rules Committee of each Chamber, particularly those pertaining to the selection of the winner. Furthermore, the Attorney General shall supervise the production of the daily productions to ensure that the content of publications will not misrepresent OIL. Section 412: The Office of the Attorney General shall promulgate all rules, regulations, and judging rubrics for the OIL Journalism Program. Delegations shall be responsible for the recruitment and selection of their journalists, subject to the registration maximum set by the Attorney General. Any member of OIL may, with the support of two members of the OIL Board of Directors, appeal for reconsideration to the OIL Board of Directors for such rules, regulations, and judging rubrics. A majority vote of the OIL Board of Directors may overturn said rules following an appeal. Chapter Six 8

9 Other Officers Section 610: The Press Secretary shall: A. Be responsible for media relations and all other external relations as an officer included within Office of the Governor. B. May appoint assistants with the consent of the Governor. Such appointees must hold, and continue to hold, membership in the Organization in some other capacity. C. Be restricted from being a member of either the Legislative or Judicial branches. D. Serve at the pleasure of the Governor Be appointed by the Governor, with the advice and consent of the Senate. E. The Press Secretary shall be responsible for the coordination and activities of the OIL Journalism Program. The procedures off the Journalism Program will be given to the Rules Committee of each Chamber, particularly those pertaining to the selection of the winner. Furthermore, the Attorney General shall supervise the production of the daily productions to ensure that the content of publications will not misrepresent OIL. F. The Press Secretary shall promulgate all rules, and regulations for the OIL Journalism Program. Delegations shall be responsible for the recruitment and selection of their journalists, subject to the registration maximum set by the Press Secretary. Any member of OIL may, with the support of two members of the OIL Board of Directors, appeal for reconsideration to the OIL Board of Directors for such rules, regulations, and judging rubrics. A majority vote of the OIL Board of Directors may overturn said rules following an appeal. SECTION 3. This piece of legislation shall not take effect until April 27, 2014, at 6:00 pm CST. SECTION 4. Being an emergency declared, this Act shall become effective immediately upon passage and approval. 9

10 Oklahoma Intercollegiate Legislature Special Session of the 45 th Legislature (2014) Internal Legislation No. 002 Merit (ALU) Butler (ALU) Crofford (OU) of the Senate Bryant (ALU) of the House AS INTRODUCED An Act relating to the OIL Journalism Program; amending Title Nine of the Oklahoma Intercollegiate Legislature Statutes; providing for short title; providing for codification; and providing for an emergency, and providing for effective date. BE IT ENACTED BY THE OKLAHOMA INTERCOLLEGIATE LEGISLATURE: SECTION 1. This Act shall be known as the "OIL Journalism Program Reform Act of 2014." SECTION 2. AMENDATORY Title Nine of the Oklahoma Intercollegiate Legislature Statutes shall be amended to read as follows: Section 100: A total of one hundred and five (105) nine (109) points shall be allocated to determine the winner of each session of OIL. A. The Executive Branch shall be allotted sixteen (16) twenty (20) total points and shall be allocated as follows: a. The Governor shall be allotted two (2) points to be awarded at his or her discretion. b. The Lt. Governor shall be allotted Eight (8) points. Two (2) points shall be awarded at his or her discretion. The remainder of points shall be awarded in the following manner: i. The winner of the OIL can food drive Day of Service Competition shall receive three (3) points. The runner up shall receive two (2) points, and the 2 nd runner up shall receive one (1) point. c. The Attorney General Press Secretary shall be allotted six (6) ten (10) points. The remainder of points shall be awarded in the following manner: They must be awarded for the OIL Journalism program according to the following manner: i. The winner of the Journalism Competition shall receive three (3) five (5) points. The runner up shall receive two (2) three (3) points, and the 2nd runner up shall receive one (1) two (2) points. ii. The winner, runner up, and second runner up shall be determined by a panel of three officials, composed of the Attorney General, the Press Secretary, and the Lt. Governor. 10

11 SECTION 3. This piece of legislation shall not take effect until April 27, 2014, at 6:00 pm CST. SECTION 4. Being an emergency declared, this Act shall become effective immediately upon passage and approval. 11

12 Special Session Executive Memorandum FROM: Governor Jacob Daniel SUBJECT: First Special Session As has now been made public, I using my constitutional authority to call the OIL Legislature into special session. This memorandum will serve as an explanation as to why a special session is needed. A special session is needed to make changes to the positions of Attorney General, Treasurer, and Press Secretary; additionally, changes to the OIL Journalism program are also pertinent. While most of the provisions we need to change are located in the statutes, there are some that are in the Constitution. There has also been popular support to place any changes we make in Constitutional form, instead of having them in the statutes. To amend the OIL Constitution, a Joint Resolution must pass both the Senate and the House of Representatives. Normally, Joint Resolutions are presented to the Governor to sign, but that is not the case with amendments. It must pass with a two-thirds majority in both chambers. OIL Const. Art. VII, 2. The provision must then be approved by a three-fourths majority be secret ballot in a general election. Id. There is no time to fairly debate, amend, and pass a Joint Resolution through both chambers with enough time to place the changes on the ballot for a vote during the Spring Session. It is also not feasible to have two general elections in the same session it takes up too much legislative time. That means one option would be to pass a Joint Resolution this spring, and then wait until next fall to vote on the changes. In my opinion, that is too long to wait for 12

13 these changes. This is why we need a special session, so both chambers may pass these changes in time to place them on the General Election ballot this spring. Specific Changes To Be Made As of right now, the OIL Competition each session is divided into: (1) Senate awards, (2) House awards, (3) moot court, (4) canned food drive, and the (5) journalism competition. Each of the legislative bodies have their own ways of determining who wins best delegation, delegate, etc. However, each are decided by either voting done in the Rules Committee of each body, or by a vote of the delegates. In moot court, the winner is determined by the panel of Justices, who collectively make a decision. The Lieutenant Governor, while is the sole official to wield the points for the canned food drive, is statutorily required to award those points to the delegation who wins the canned food drive. 9 OIL Stat. 100, A-C. However, the Attorney General is the sole official to determine winners of the journalism program. Id. While the total number of points that are able to be awarded are small in comparison to the points given to the Senate and House, competitions have been extremely close in the past, within that small number of points. The issue is this: it is a severe problem that a sole person can wield the entirety of the points for a major portion of the competition, which may very lead to the determination of the victor. Although there has been no apparent past or present abuse, I believe it is necessary to make these changes as soon as possible to prevent future abuse. What has been discussed is to reform the journalism program in the statutes and constitution. 13

14 The format, requirements of the journalism program is to be headed by the Press Secretary of the organization. However, the judging for the competition will be performed by a panel of three judges, (1) Press Secretary, (2) Attorney General, (3) Lieutenant Governor. In addition to these extra duties, the Press Secretary will retain all duties that are currently codified. The Attorney General will still be elected, as the State still elects the Attorney General. However, the responsibilities for the journalism program will be reduced to judging only. I propose that the Attorney General should be given the duty of reviewing all legislation that has passed the House and Senate, for legal problems such as Constitutionality and dilatory issues, which can be bypassed if the Attorney General is not able to attend session for a period of time. The Attorney General may also be asked to review legislation or prospective legislation that has not been introduced in chambers, and may give a non-binding opinion to the delegate or leadership in regards to the legislation's legality. As already codified, the position will also give legal advice to the Governor or other executives upon request and will represent the organization in the OIL Supreme Court. Of course, these are my proposals. The legislature may determine a better way to solve the problem, which is why we have special session. 14

15 Oklahoma Intercollegiate Legislature Office of the Governor Executive Order By the authority vested in me as Governor by the Constitution and the laws of the Oklahoma Intercollegiate Legislature, it is hereby ordered as follows: Pursuant to the Article IV, 2 of the Constitution of the Oklahoma Intercollegiate Legislature, I am calling both the Senate and House of Representatives into a Special Session of the Oklahoma Intercollegiate Legislature. Article IV, 2 gives the Governor the authority to convene the Legislature upon "extraordinary conditions." Furthermore, the Legislature may only consider expenditures for the upcoming regular session and any other issues the Governor "may refer to them." During the Special Session, the legislature shall be limited to the following subject matter: -- Legislation and resolutions concerning constitutional and statutory changes to the position of Attorney General. -- Legislation and resolutions concerning constitutional and statutory changes to the position of Press Secretary. -- Legislation and resolution concerning constitutional and statutory changes to the position of Treasurer. -- Legislation and resolutions concerning constitutional and statutory changes to the OIL journalism program and competition. The duration of special session shall be limited to seven hours or less. As this is a special session, registration shall be conducted in a different manner than regular session. Registration shall be as follows: - Registration shall be modeled after the "super-delegate" system used at party conventions. o Each voting delegation will have the same number of votes their school would normally have during the Spring Session of this year. o Any other delegates other than the total number of voting delegates (regulation to be determined by Lt. Governor) sent by the school shall be non-voting, alternative delegates that will have all privileges delegated to them by each Chamber's standing rules. o Both voting and alternative delegates must be registered for their respective chambers for Spring Session. - There shall be no registration costs to attend Special Session. 15

16 - Each school shall conform to other regulations as directed by the Lieutenant Governor and Secretary of State. I hereby direct the Lieutenant Governor, in conjunction with the Secretary of State, to develop regulations for the operations of Special Session that are not inconsistent with this executive order. IN WITNESS THEREOF, I have set my hand this 24th of February, in the Year of our Lord two thousand fourteen, and in the forty-fourth year of creation of the Oklahoma Intercollegiate Legislature. Governor of the Oklahoma Intercollegiate Legislature Jacob R. Daniel 16

17 1 st Special Session of the 46 th Oklahoma Intercollegiate Legislature Saturday April 5 th, :00PM University of Oklahoma, Norman Campus Rooms: TBA Special Session Regulations All, It is my intent to make this as easy as possible on all of us. So please work with me in making this so. Registration: Deadline: Friday March 28 th, :00PM All delegation chairs will be required to submit the same paperwork to myself that they are required to submit to the Secretary of State. One exception is that there will be not be any registration fees involved so do not worry about that aspect. However, if you attempt to register for Special Session after Friday, March 28 th at 1:00pm, I will impose a $25 late registration fee. Quorum: Quorum will be 50%+1 of the schools registered to attend Spring Session and they must have their Super Delegates present. Super Delegate Rules Each school attending will be allotted one Super Delegate per Chamber to represent their delegation s allotted votes in that Chamber. Allotted votes will be determined by the registration already submitted to the Secretary of State. As soon as she has determined the final tally from each school, I will provide the break down of allotted votes for each Super Delegate. I will not determine appoint any Super Delegates. I charge each school to determine who should best represent them during voting. I will make one requirement. House Super Delegates must be registered as a House member and Senate Super Delegates must be registered as a Senate member. I will not allow Senators to vote in House matters nor House members to vote in Senate matters. An unlimited number of alternate delegates from each school may participate in all aspects of Session except for voting. However, those attending must be on each individual school s roster already submitted to the SoS and myself. Any other students wishing to attend may do so, but will only be allowed to observe. A room will be provided for Executives and Moot Court members to deliberate over the issues 17

18 being presented. Members of the Executive and Judicial branches are asked to exercise the same restraint expected of them during regular session while on the floor during debates. Session: I will call the Special Joint Session to order and proceed with the formalities of opening the Session. Once all formalities have been addressed and the legislation presented to the body, I will end joint session and charge the individual Chambers to move to their designated rooms and begin their deliberations. Once all legislation has been either passed or failed by both Chambers, I will call us all back into Joint Session to close until Spring Session. At this time, I am not providing a timeline, but I will examine it and make a determination at a later date. Dress Code: Business Casual Stars: Session stars will be awarded to all those who attend the Special Session. They will hold the same clout as regular session stars. If Special Session is your first session, yes you get a star. However, I will not make any special requirements on the individual Chambers as to how the handle the Special Session star with regards to the individual competitions governed by their own standing rules. It is not my place, nor should it be. I do ask each Chamber to be as inclusive as they can be when and wherever possible. I look forward to receiving your registration and cannot wait to see all of you in just under a month. Best of luck to all of you! V/R, Michael L. Merit Lieutenant Governor Oklahoma Intercollegiate Legislature 18