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Oklahoma Bill #HJR 1003   View text of Bill | Go to Bill Online
Bill Name:House Resolution 1003
Type:State Sovereignty
Requested Patriot Action: Remove Gov. Henry at the ballot box. He vetoed this bill after it passed the House and Senate.
Committees: Referred to Rules Committee
Sponsors: House Sponsors:
Key
Brogdon

House Co-Sponsors:
Tibbs
Reynolds
Peterson
Kern
Faught
Newberry
Russell
Sanders
Moore
Session Schedule: In Session 2/2/09 - 5/28/10 (est.)

Interim Recess 5/27/09 - 1/31/10 (est.)

In Session 2/1/10 - 5/28/10 (est.)
Similar Bills in other states: 
Date Introduced: 2/2/2009
Enacted:
Status:Process Complete - Replaced by HCR 1028
Passed House committee:
Passed Senate committee:
Passed Senate:
Passed House:
Link to Bill history: Go to Bill history
Bill History: --------------------------------------------------------------------------------
HJR1003 Engrossed Enrolled House committee report Floor Introduced Senate committee report Floor
--------------------------------------------------------------------------------
Amendments:
None.

Supporting Documents:
Bill Summary

Short Title:
Sovereignty; claiming sovereignty under the Tenth Amendment to the United States Constitution.

Primary Authors:
Key, Brogdon

CoAuthors:
Tibbs, Reynolds, Peterson, Kern, Faught, Newberry, Russell, Sanders, Moore

Subject(s):
Government

Citations:
Citation Type Comment Eff. Date


Bill History:
Date Flags Chamber H Page S Page Text
2/2/2009 @c H 254 First Reading
2/2/2009 @c H 254 Authored by Representative Key
2/3/2009 @c H 329 Second Reading referred to Rules
2/12/2009 @c H 506 CR; Do Pass Rules Committee
2/12/2009 @c H 506 Coauthored by Representative(s) Reynolds
2/12/2009 @c H 506 Authored by Senator Brogdon (principal Senate author)
2/18/2009 @c H 557 General Order
2/18/2009 @c H 557 Coauthored by Representative(s) Peterson, Faught, Tibbs, Sanders, Moore, Kern
2/18/2009 @c H 557 Third Reading, Measure passed: Ayes: 83 Nays: 13
2/18/2009 @c H 557 Referred for engrossment
2/19/2009 @c H 568 Engrossed, signed, to Senate
2/19/2009 @c S 474 First Reading
3/12/2009 @c S 1017 Second Reading referred to Judiciary
3/31/2009 @c S 1084 Withdrawn from Judiciary committee
3/31/2009 @c S 1084 Referred to Appropriations
4/2/2009 @c S Reported Do Pass as amended Appropriations committee; pending CR
4/6/2009 @c S 1116 Reported Do Pass as amended Appropriations committee; CR filed
4/6/2009 @c S 1116 Title stricken
4/15/2009 @c S 1243 General Order, Amended
4/15/2009 @c S 1243 Title restored
4/15/2009 @c S 1243 Amendment restored bill to engrossed version
4/15/2009 @c S 1243 coauthored by Newberry, Russell
4/15/2009 @c S 1244 Measure passed: Ayes: 29 Nays: 18
4/15/2009 @c S 1244 Engrossed measure signed, returned to House
4/16/2009 @c H 1352 Referred for enrollment
4/20/2009 @c H 1373 Enrolled, signed, to Senate
4/20/2009 @c S 1292 Enrolled measure signed, returned to House
4/20/2009 @c H 1389 Sent to Governor
4/27/2009 @c H 1552 Vetoed 04/24/2009


House votes:
Senate votes:
Federal reply:
State constitution: Oklahoma State Constitution

Article II: BILL OF RIGHTS
BILL OF RIGHTS

Section II-1: Political power - Purpose of government - Alteration or reformation.
All political power is inherent in the people; and government
is instituted for their protection, security, and benefit, and to
promote their general welfare; and they have the right to alter
or reform the same whenever the public good may require it:
Provided, such change be not repugnant to the Constitution of the
United States.

Section II-2: Inherent rights.
All persons have the inherent right to life, liberty, the
pursuit of happiness, and the enjoyment of the gains of their own
industry.

Section II-3: Right of assembly and petition.
The people have the right peaceably to assemble for their own
good, and to apply to those invested with the powers of
government for redress of grievances by petition, address, or
remonstrance.

Section II-4: Interference with right of suffrage.
No power, civil or military, shall ever interfere to prevent
the free exercise of the right of suffrage by those entitled to
such right.
.
.
.
Section II-22: Liberty of speech and press - Truth as evidence in prosecution for libel.
Every person may freely speak, write, or publish his sentiments
on all subjects, being responsible for the abuse of that right;
and no law shall be passed to restrain or abridge the liberty of
speech or of the press. In all criminal prosecutions for libel,
the truth of the matter alleged to be libelous may be given in
evidence to the jury, and if it shall appear to the jury that the
matter charged as libelous be true, and was written or published
with good motives and for justifiable ends, the party shall be
acquitted.

Section II-23: Private property - Taking or damaging for private use.
No private property shall be taken or damaged for private use,
with or without compensation, unless by consent of the owner,
except for private ways of necessity, or for drains and ditches
across lands of others for agricultural, mining, or sanitary
purposes, in such manner as may be prescribed by law.

Section II-24: Private property - Public use - Character of use a judicial question.
Private property shall not be taken or damaged for public use
without just compensation. Just compensation shall mean the value of
the property taken, and in addition, any injury to any part of the
property not taken. Any special and direct benefits to the part of
the property not taken may be offset only against any injury to the
property not taken. Such compensation shall be ascertained by a board
of commissioners of not less than three freeholders, in such manner as
may be prescribed by law. Provided however, in no case shall the
owner be required to make any payments should the benefits be judged
to exceed damages. The commissioners shall not be appointed by any
judge or court without reasonable notice having been served upon all
parties in interest. The commissioners shall be selected from the
regular jury list of names prepared and made as the Legislature shall
provide. Any party aggrieved shall have the right of appeal, without
bond, and trial by jury in a court of record. Until the compensation
shall be paid to the owner, or into court for the owner, the property
shall not be disturbed, or the proprietary rights of the owner
divested. When possession is taken of property condemned for any
public use, the owner shall be entitled to the immediate receipt of
the compensation awarded, without prejudice to the right of either
party to prosecute further proceedings for the judicial determination
of the sufficiency or insufficiency of such compensation. The fee of
land taken by common carriers for right of way, without the consent of
the owner, shall remain in such owner subject only to the use for
which it is taken. In all cases of condemnation of private property
for public or private use, the determination of the character of the
use shall be a judicial question.

Section II-26: Bearing arms - Carrying weapons.
The right of a citizen to keep and bear arms in defense of his
home, person, or property, or in aid of the civil power, when
thereunto legally summoned, shall never be prohibited; but
nothing herein contained shall prevent the Legislature from
regulating the carrying of weapons.






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