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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2339 By: Steagall
AS INTRODUCED
An Act relating to statutes and reports; amending 75
O.S. 2011, Section 250.2, as amended by Section 1,
Chapter 357, O.S.L. 2013 (75 O. S. Supp. 2020, Section
250.2), which relates to the Administrative
Procedures Act; stating statutory law supersedes
conflicting state agency promulgated rules; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOM A:
SECTION 1. AMENDATORY 75 O.S. 2011, Section 250.2, as
amended by Section 1, Chapter 357, O.S.L. 2013 (75 O.S. Supp. 2020,
Section 250.2), is amended to read as follows:
Section 250.2 A. Article V of the Oklahoma Constitution vests
in the Legislature the power to make laws, and thereby to establish
agencies and to designate agency functions, budgets and purposes.
Article VI of the Oklahoma Constitution charges the Executive Branch
of Government with the responsibility to imple ment all measures
enacted by the Legislature.
B. In creating agencies and designating their functions and
purposes, the Legislature may delegate rulemaking authority to
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executive branch agencies to facilitate administration of
legislative policy. The del egation of rulemaking authority is
intended to eliminate the necessity of establishing every
administrative aspect of general public policy by legislation. In
so doing, however, the Legislature reserves to itself:
1. The right to retract any delegation o f rulemaking authority
unless otherwise precluded by the Oklahoma Constitution;
2. The right to establish any aspect of general policy by
legislation, notwithstanding any delegation of rulemaking authority;
3. The right and responsibility to designate th e method for
rule promulgation, review and modification;
4. The right to approve or disapprove any adopted rule by joint
resolution; and
5. The right to disapprove a proposed permanent, promulgated or
emergency rule at any time if the Legislature determi nes such rule
to be an imminent harm to the health, safety or welfare of the
public or the state or if the Legislature determines that a rule is
not consistent with legislative intent.
C. Statutory law adopted by the Legislature shall supersede any
rule promulgated by a state agency that conflicts with the statute.
SECTION 2. This act shall become effective November 1, 2021.
58-1-5833 LRB 12/04/20