Oklahoma House Bill HB2339

Oklahoma 2022 Regular Session

• Introduced: 2/1/21
• Refer: 2/2/21

Caption

Statutes and reports; Administrative Procedures Act; stating statutory law supersedes conflicting state agency promulgated rules; effective date.

Impact

If passed, HB2339 would significantly reinforce the authority of the legislature over the executive branch in Oklahoma, particularly concerning administrative rulemaking. It asserts that any rules created by state agencies must not conflict with existing statutory provisions. This change could lead to a reevaluation of current agency regulations, as any rule seen as inconsistent with legislation could be challenged or overturned, streamlining the alignment of agency practices with legislative intent.

Summary

House Bill 2339 seeks to amend the Administrative Procedures Act by asserting that statutory law enacted by the legislature overrides any conflicting rules issued by state agencies. This shift emphasizes the primacy of legislative statutes in guiding actions and protocols of executive branch agencies, potentially reshaping the regulatory landscape in Oklahoma. The bill is positioned to outline the scope of legislative power in contrast to the rulemaking authority delegated to agencies, aiming for clearer delineation between these two branches of government.

Contention

The passage of this bill may spark discussions on the balance of power within state government. Supporters argue that it will prevent bureaucratic overreach by ensuring that elected representatives, rather than appointed officials, maintain ultimate control over laws and regulations affecting citizens. Conversely, opponents may voice concerns that this could hinder the ability of agencies to effectively implement policies and regulations essential for public welfare, particularly in fields requiring specialized knowledge, like health and safety. This tension defines the ongoing debate over the proper roles of legislative and executive authorities in state governance.