Oklahoma Senate Bill SB1008

Oklahoma 2022 Regular Session

• Introduced: 2/1/21
• Refer: 2/2/21

Caption

Rulemaking authority; legislative intent; requiring inclusion of statutory reference in rules. Effective date.

Impact

The passage of SB1008 is expected to streamline the rulemaking process by confirming that all administrative rules issued by state agencies must align closely with legislative intent. This could lead to increased transparency in how rules are developed and implemented, thereby strengthening the oversight the Legislature has over executive actions. Moreover, it mandates that existing and new rules indicate the specific legislative authority under which they were created, which seeks to prevent potential overreach by state agencies in creating regulations.

Summary

Senate Bill 1008 focuses on clarifying the legislative intent related to the rulemaking authority granted to executive branch agencies within Oklahoma. The bill amends existing laws to ensure that the rulemaking powers delegated to these agencies are explicitly defined, reinforcing the Legislature's role in establishing laws and policies. It emphasizes the need for agencies to reference specific statutory provisions when promulgating rules, thereby enhancing accountability in the agency rulemaking process.

Contention

While the bill appears to reinforce legislative authority and clarify processes, it may also provoke debate regarding the balance of power between the legislative and executive branches. Supporters argue that clearer boundaries will enhance legislative control over administrative rules, which is essential for democratic accountability. Conversely, opponents may raise concerns that excessive legislative oversight could hinder the agility and effectiveness of agencies tasked with responding to timely public issues, particularly in emergencies or rapidly changing circumstances.