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SENATE FLOOR VERSION
March 1, 2023
SENATE BILL NO. 118 By: Bergstrom
[ industry regulation - program - Commission -
recommendations - consultations - application -
agreement - denial - rules - demonstration -
disclosure - records - report - participation -
codification - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 802 of Title 40, unless there is
created a duplication in numbering, reads as follows:
As used in this act:
1. “Applicable agency” means a department or agency of the
state that by law regulates a business acti vity and person engage d
in such business activity including the issuances of licenses or
other types of authorization, which the office determines would
otherwise regulate a participant;
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2. “Applicant” means a person that purcha ses or otherwise
enters into a transaction or ag reement to receive an offering
pursuant to a demonstration by a participant;
3. “Commission” means the General Regulatory Business Program
Advisory Commission;
4. “Commissioner” means the Commissioner of Labor;
5. “Consumer” means a person that purchases or otherwise enters
into a transaction or agreement to receive an offering pursuant to a
demonstration by a participant;
6. “Demonstrate” or “demonstration” means to temporarily
provide an offering in accordance with the provisions of this act;
7. “Director” means the Director of the General Regulatory
Business Relief Office;
8. “Innovation” means the use or incorporation of a new idea, a
new or emerging technology, or a new use of existing technology to
address a problem, provide a benefit, or otherwise offer a product,
production method, o r service;
9. “Innovative offering” means an offering that includes an
innovation;
10. “Participant” means a person whose appli cation to
participate in the General Regulatory Business Program is in
accordance with the provisions of this act;
11. “Product” means a commercially distributed good th at is:
a. tangibly personal property,
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b. the result of a production process, and
c. passed through the distribution channel before
consumption;
12. “Production” means the method or process of creating or
obtaining a good, which may include assembling, bre eding, capturing,
collecting, extracting, fabricating, farming, fishing, gathering,
growing, harvesting, hunting, manufacturing, mining, processing,
raising, or trapping a g ood;
13. “Program” means the General Regulatory Business Program
created in Section 5 of this act, which allows a per son to
temporarily demonstrate an offering under a waiver or suspension of
one or more state laws and regulation ;
14. “Regulatory relief office” means the General Regulatory
Business Relief Office created in Section 2 of this act; and
15. “Service” means any commercial activity, duty, or labor
performed for another person.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Sec tion 802.1 of Title 40, unless there
is created a duplication in numbering, reads as follows:
A. There is created with in the Department of Labor the General
Regulatory Business Relief Office.
B. 1. The regulatory relief office shall be administered by
the Director of the General Regulatory Business Relief Office.
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2. The Director shall report to the Commissioner of Labor and
may appoint staff subject to the approval of the Commissioner.
C. The regulatory relief office shall:
1. Administer the provisions of this act;
2. Administer the General Regulatory Business Program; and
3. Act as a liaison between private businesse s and applicable
agencies to identify state laws or agency rules that could
potentially be repealed or suspended under the Program.
D. The regulatory relief office may:
1. Review state laws and regulations that may un necessarily
inhibit the creation and success of new c ompanies or industries and
provide recommendations to the Governor and the Legislature on
modifying such laws and regulat ions;
2. Create a framework for analyzing the risk level to the
health, safety, and financial well -being of consumers related to
permanently removing or temporarily suspending laws and agency rules
inhibiting the creation or success of new and existing co mpanies or
industries;
3. Propose potential reciprocity agreements between states that
use or are proposing to use similar programs as described in this
act; and
4. In accordance with administrative rules and this act,
establish rules regarding:
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a. administrating this act including making rules
regarding application process and the reporting
requirements of participants, and
b. cooperating and consulting with other agencies in this
state that administer business programs.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 802.2 of Title 40, unless there
is created a duplication in numbering, reads as follows:
A. There is hereby created the General Regulatory Business
Program Advisory Commissi on.
B. The Commission shall consist of eleven (11) members to be
appointed and serve as f ollows:
1. Six members appointed by the Director of the General
Regulatory Business Relief Office who represent business interests
and are selected from a variety of industries;
2. Three members appointed by the Director who represent state
agencies that regulate business;
3. One member of the Senate, appointed by the President Pro
Tempore of the Senate; and
4. One member of the House of Representatives, appointed by the
Speaker of the House of Representatives.
C. 1. Except as otherwise provided in paragraph 2 of this
subsection, members of the Commission who are not members of the
Legislature shall be appointed to four -year terms.
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2. The Director may adjust the length of terms of appointments
and reappointments to the Commission so the majority of members are
appointed every two years.
D. The Director shal l appoint a chair for the Commission
annually.
E. A majority of the Commission shall constitute a quorum for
purposes of conducting the business of the Commission, and the
actions of the majority shall constitute the actions of the
Commission.
F. The Commission shall advise and make recommendations to the
regulatory relief office as described in this act.
G. The regulatory relief office shall provide administrative
staff support for the Commission.
H. Members shall not receive a salary for duties performed as
members of the Commission but shall be reimbursed for their actual
and necessary expenses incurred in the performance of Commission
duties pursuant to the provisions of the State Travel Reimbursement
Act.
I. The Commission shall be subject to the Oklahoma Open Meeting
Act and the Oklahoma Open Records Act.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 802.3 of Title 40, unless there
is created a duplication in numbering, reads as follows:
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A. The Director of the General Regulatory Business Relief
Office shall prepare a report on the activities of the General
Regulatory Business Relief Office, which shall include:
1. Information regarding each participant in the General
Regulatory Business P rogram created in this act including which
industries each participant represents and the anticipated or actual
cost savings that each participant experienced;
2. Recommendations regarding any laws or agency rules that
should be permanently amended;
3. Information regarding outcomes for consumers; and
4. Recommendations for changes to the Program or other duties
of the regulatory relief office.
B. By October 1 of each year, the Director shall provide the
report to the Legislature.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 802.4 of Title 40, unless there
is created a duplication in numbering, reads as follows:
A. There is hereby created in the General Regulatory Business
Relief Office the General Regulatory Business Program.
B. In administering th e Program, the regulatory relief office:
1. Shall consult with each applicable agency;
2. Shall establish a program to enable a person to o btain legal
protections and limited access to the market in this state to
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demonstrate an innovative offering without obtaining a license or
other authorization that might otherwise be required;
3. May enter into agreements with or adopt the best practices
of corresponding federal regulatory agencies or other states that
are administering similar programs; and
4. May consult with business es in this state about existing or
potential proposals for the Program.
C. 1. An applicant for the Program may contact the regulatory
relief office to request a consultation regarding the Program before
submitting an application.
2. The regulatory relief office may provide assistance to an
applicant in preparing an application for submission.
D. An applicant for the Program shall provide the regulatory
relief office an application in a form prescrib ed by the regulatory
relief office that:
1. Confirms the applican t is subject to the jurisdiction of
this state;
2. Confirms the applicant has established a physical or virtual
location in this state, from which the d emonstration of an
innovative offering will be developed and performed and where all
required records, documents, and data will be maintained;
3. Contains relevant personal and contact information for th e
applicant including legal names, addresses, telephone numbers, email
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addresses, website addresses, and other information required by the
regulatory relief office;
4. Discloses criminal convictions of the applicant or other
participating personnel, if any;
5. Contains a description of the innovative offering to be
demonstrated including statements regarding:
a. how the offering is subject to licensing, legal
prohibition, or other authorization requirements
outside of the Program,
b. each law or rule that that the applicant seeks to have
waived or suspended while participating in the
Program,
c. how the offering would benefit cons umers,
d. how the offering is different from other offerings
available in this state,
e. what risks may exist for consumers who use or p urchase
the offering,
f. how participating in the Program would enable a
successful demonstration of the off ering,
g. a description of the proposed demonstration plan
including estimated time periods for beginning and
ending the demonstration,
h. recognition that the applicant will be subject to all
laws and agency rules pertaining to the applicant’s
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offering after the conclusion of the demonstration,
and
i. how the applicant shall end the demonstration and
protect consumers if the demonstration fails;
6. Lists each gover nment agency, if any, that the applicant
knows regulates the applicant’s business; and
7. Provides any other required information as determined by the
regulatory relief office.
E. The regulatory relief office may collect an application fee
from an applicant set in administrative rules by the Department of
Labor.
F. An applicant shall file a separate application fo r each
innovative offering that the applicant wishes to demonstrate.
G. After an application is filed, the regulatory relief office:
1. Shall classify the application and any related information
provided by the applicant as confidential;
2. Consult with each applicable g overnment agency that
regulates the applicant’s business regarding whether more
information is needed from the app licant; and
3. Seek additional informat ion from the applicant that the
regulatory relief office determines is necessary.
H. No later than fi ve (5) business days after the day on which
a completed application is received, the regulatory relief office
shall:
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1. Review the application an d refer the application to each
applicable government agency tha t regulates the applicant’s
business; and
2. Provide to the applicant:
a. an acknowledgement of receipt of the application, and
b. the identity and contact information of each
regulatory agency to which the application h as been
referred for review.
I. 1. Subject to paragraphs 3 and 7 of this subsection, no
later than thirty (30) days after the applicable agency receives a
completed application for re view, the applicable agency shall
provide a written report to the Director of the applicable agency’s
findings.
2. The report shall:
a. describe any identifiable, likely, and significant
harm to the health, safety, or financial wellbeing of
consumers that the relevant law or rule protects
against, and
b. make a recommendation to the re gulatory relief office
that the applicant either be admitted or denied
entrance into the Program.
3. a. the applicable agency may request an additional five
(5) business days to deliver the writ ten report by
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providing notice to the Director, which request shall
automatically be granted, and
b. the applicable agency may only request one extension
per application.
4. If the applicable agency recommends an applicant under this
section be denied entra nce into the Program, the written report
shall include a description of the reasons for the recommendation
including why a temporary waiver or suspension of the relevant laws
or agency rules would potentially significantly harm the health,
safety, or financial wellbeing of consumers or the public and the
likelihood of such harm occurring.
5. If the agency determines that the consumer’s or public’s
health, safety, or financial wellbeing can be protected through less
restrictive means than the existing relev ant laws or agency rules,
then the applicable agency shall pro vide a recommendation of how
that may be achieved.
6. If an applicable agency fails to deliver a written r eport
pursuant to this subsection, the Director shall assume the
applicable agency does no t object to the temporary waiver or
suspension of the relevant laws or agency rules for an applicant
seeking to participate in the Program.
7. Notwithstanding any ot her provisions of this section, an
applicable agency may by written notice to the regulator y relief
office:
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a. within the thirty (3 0) days after the applicable
agency receives a complete d application for review, or
within thirty-five (35) days if an extension has been
requested by the applicable agency, reject an
application if the applicable ag ency determines, in
the applicable agency ’s sole discretion, t hat the
applicant’s offering fails to co mply with standards or
specifications:
(1) required by federal law or rule, or
(2) previously approved for use by a federal agency,
or
b. reject an application preliminarily approved by the
regulatory relief office, if the applicable agency:
(1) recommended rejection of the application in
accordance with paragraph 4 of this subsection in
the agency’s report, and
(2) provides in the written notice under paragraph 4
of this subsection, a description o f the
applicable agency’s reasons why approval of the
application would create a su bstantial risk of
harm to the health or safety of the public or
create unreasonable expenses for taxpayers of
this state.
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8. If an applicable agency rejects an application under
paragraph 7 of this subsection, the regulatory relief office shall
not approve the application.
J. 1. Upon receiving a written report described in subsection
I of this section, the Director shall provide t he application and
the written report to the Commission.
2. The Director may call the Commission to meet as needed, but
not less than once per quarter if applications are available for
review.
3. After receiving and reviewing the application and each
written report, the Commission shall provid e to the Director the
Commission’s recommendation as to whether or not the applicant
should be admitted as a participant under this act.
4. As part of the Commission’s review of each written report,
the Commission shall use the criteria required for an applicable
agency as prescribed in subsection I of this section.
K. 1. In reviewing an application and each applicable agency ’s
written report, the regulatory relief office shall consult with each
applicable agency and the Commission before admitting an applicant
into the Program.
2. The consultation with e ach applicable agency and the
consultation with the Commission may include seeking information
about whether:
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a. the applicable agency has previously issued a license
or other authorization to the applicant, and
b. the applicable agency has previously inve stigated,
sanctioned, or pursue d legal action against the
applicant.
L. In reviewing an application under this section, the
regulatory relief office and applica ble agency shall consider
whether a competitor to the applicant is or has been a participant
and, if so, weigh that as a factor in favor of allowing the
applicant to also become a participant.
M. In reviewing an application under this section, the
regulatory relief office shall consider whether :
1. The applicant’s plan will adequately protect consumers from
potential harm identified by an applicable agency in the applicable
agency’s written report;
2. The risk of harm to consumers is outweighed by the potential
benefits to consumers from the applican t’s participation in the
Program; and
3. Certain state laws or agency rules that regulate an offering
should not be waived or suspended even if the applicant is approved
as a participant including applicable antifraud or disclosure
provisions.
N. 1. An applicant becomes a participant if the regulatory
relief office approves the appl ication for the Program and enters
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into a written agreement with the applicant describing the specific
laws or agency rules that are waived or suspended as part of
participation in the Program.
2. Notwithstanding any other provisions of this act, the
regulatory relief office may not enter into a written agreement with
an applicant that waives or suspends a tax, fee, or charges t hat are
administered by the Oklahoma Tax Commission.
O. 1. The Director may deny at the Director ’s sole discretion
any application submitted under this section for any reason
including if the Director determines that the preponderance of
evidence demonstrates that suspending or waiving enforcement of a
law or rule would cause a significant risk or harm to consumers or
residents of this state.
2. If the Director denies an application submitted under this
section, the regulatory relief office shall provide to the applicant
a written description of the reasons for not al lowing the applicant
to be a participant.
3. The denial of an application submitted under this section is
not subject to:
a. agency or judicial review, or
b. the provisions of the Administrative Procedures Act.
P. The Director shall deny an app lication for participation in
the Program described in this section if the applicant or any person
who seeks to participate with the applicant in demonstrating an
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offering has been convicted, entered a plea of nolo contendere, or
entered a plea of guilty for any crime involving significant theft,
fraud, or dishonesty if the crime bears a significant relationship
to the applicant’s or other participant’s ability to safely and
competently participate in the Program.
Q. When an applicant is approved f or participation in the
Program, the Director may provide notice of the approval to
competitors of the applicant and the p ublic.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 802.5 of Title 40, unless there
is created a duplication in numbering, reads as follows:
A. If the General Regulatory Business Relief Office approves an
application under this section, the participant has twelve (12)
months after approval to demonstrate the offering described in the
participant’s application.
B. An offering that is demonstrated within the General
Regulatory Business Program is subject to the following:
1. Each consumer shall be a resident of this state; and
2. No law or rule may be waived or suspended if waiving or
suspending the law or rule would prevent a consumer from seeking
restitution in the event that the consumer is harmed.
C. This section does not restrict a participant who holds a
license or other authorization in another ju risdiction from acting
in accordance with that license or other authorization.
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D. A participant is deemed to possess an appropriate license or
other authorization under the laws of this sta te for the purposes of
any provision of federa l law requiring licensure or other
authorization by the s tate.
E. Except as provided in subsection F of this section, during
the demonstration period:
1. A participant is not subject to the enforcement of state
laws or agency rules identified in the written agreement betwee n the
regulatory relief office and the parti cipant;
2. A prosecutor may not file or pursue charg es pertaining to a
law or rule identified in the written agreement between the
regulatory relief office and the participant; and
3. A state agency may not file or pursue any punitive action
against a participant including a fine or license suspension or
revocation, for the violation of a law or rule that is identified as
being waived or suspended in the w ritten agreement between the
regulatory relief office and the participant.
F. Notwithstanding any other provision of this section, a
participant shall not have immunity related to any criminal offense
committed during the participant’s participation in the Program.
G. By written notice, the regulatory re lief office may end a
participant’s participation in the Program at any time an d for any
reason including if the Director determines that a participant is
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not operating in good faith to bring an innovative offering to the
market.
H. The regulatory relief office and the regulatory relief
office’s employees are not liable for any business los ses or the
recouping of application expenses or other expenses related to the
Program including for:
1. Denying an applicant’s application to part icipate in the
Program, for any reason; and
2. Ending a participant’s participation in the Program at any
time and for any reason.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 802.6 of Title 40, unless there
is created a duplication in numbering, reads as follows :
A. Before demonstrating an offering to a con sumer, a
participant shall disclose the following to the consumer:
1. The name and contact information of the participant;
2. That the offering is authorized pursuant to this act and, if
applicable, that the participant does not have a license or other
authorization to provide an offering under state laws that regulate
an offering outside of the General Regulatory Business Program;
3. That the offering is undergoing testing and may not fu nction
as intended and may expose the consumer to c ertain risks as
identified by the applicable agency’s written report;
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4. That the provider of the offering is no t immune from civil
liability for any losses or damages caused by the offering;
5. That the provider of the offering is not immune from
criminal prosecution for violations of state law or agency rules
that are not suspended or waived as allowed by the Program;
6. That the offering is a temporary demonstration that may be
discounted at the end of the demonstration period;
7. The expected end date of the demonstration period; and
8. That a consumer may cont act the General Regulatory Business
Relief Office and file a complaint regarding the o ffering being
demonstrated and provide the regulatory re lief office’s telephone
number and website addres s where a complaint may be filed.
B. The disclosures required by subsection A of this section
shall be provided to a consumer in a clear and conspicuous form and,
for an Internet or application -based offering, a consumer shall
acknowledge receipt of the d isclosure before any transaction may be
completed.
C. The regulatory relief office may require that a participant
make additional disclosures to a con sumer.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 802.7 of Title 40, unless there
is created a duplicat ion in numbering, reads as follows:
A. No later than thirty (30) days before the end of the twelve-
month demonstration period, a partic ipant shall:
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1. Notify the General Regulatory Business Relief Office that
the participant shall exit the General Regulatory Business Program
and discontinue the participant ’s demonstration afte r the day on
which the twelve-month demonstration period ends; or
2. Seek an extension in accordance with Section 9 of this act.
B. Except as provided in subsection C of this se ction, if the
regulatory relief office does not receive notification as requi red
by subsection A of this s ection, the demonstration period shall end
at the end of the twelve-month period.
C. If a demonstration includes an offering that requires
ongoing duties, the participant may continue to do so but will be
subject to enforcement of the laws or agency rules that were waived
or suspended as part of the Program.
SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 802.8 of Title 40, unless there
is created a duplication in numbering, reads as follows:
A. No later than thirty (30) days before the end of the tw elve-
month demonstration period, a pa rticipant may request an extension
of the demonstration period.
B. The General Regulatory Business Relief Office shall grant or
deny a request for an extension in accordance with subsection A of
this section by the end of the twelve-month period.
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C. The regulatory relief office may grant an extension for not
more than twelve (12) months after the end of th e demonstration
period.
SECTION 10. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 802.9 of Title 40, unless there
is created a duplication in numberi ng, reads as follows:
A. A participant shall retain records , documents, and data
produced in the ordinary course of business regarding an offering
demonstrated in the General Regulatory Business Program.
B. If a participant ceases to provide an offer ing before the
end of a demonstration period, the participant shall notify the
General Regulatory Business Relief Office and each applicable agency
and report on actions taken by the participant to ensure consumers
have not been harmed as a result. The regulatory relief office
shall establish quart erly reporting requirements for a participant
including information about any consumer complaints .
C. The regulatory relief office may request records, documents,
and data from a participant and, upon the regula tory relief office’s
request, the participant shall make such records, documents, and
data available for inspection by the regulatory relief office.
D. 1. The participant shall notify the regulatory relief
office and each applicable agency of any incidents that result in
harm to the health, safety, or financial wellbeing of a c onsumer.
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2. If a participant fails to notify the regulatory relief
office and each applicable agency of any incidents as described in
paragraph 1 of subsection E of this section, o r the regulatory
relief office or an applicable agency has evidence that significant
harm to a consumer has occurred, the regulatory relief o ffice may
immediately remove the par ticipant from the Program.
E. 1. No later than thirty (30) days after the participant
exits the Program, the participant shall submit a written report to
the regulatory relief office and each applicable agency describing
an overview of the participant’s demonstration includ ing any:
a. incidents of harm to consumers,
b. legal action filed against the participant as a result
of the participant’s demonstration, and
c. complaints filed with an applicable agency as a result
of the participant’s demonstration.
2. No later than thirty (30) days after an applicable agency
receives the quarterly reporting described in subsection B of this
section or a written report from a participant pursuant to paragraph
1 of subsection E of t his section, the applicable agency shall
provide a written report to the regulatory relief office on the
demonstration that describes any statutory or rule change the
applicable agency recommends as a result of the demonstration.
F. The regulatory re lief office may remove a participant from
the Program at any time if the regulatory relief office determines
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that a participant has engaged in, is engaging in, or is about to
engage in any practice or transaction that is in violation of this
act or that constitutes a violation of a law or rule for which
suspension or waiver has not been granted.
SECTION 11. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 802.10 of Title 40, unless there
is created a duplicat ion in numbering, reads as follow s:
A. The General Regulatory Business Relief Office shall create
and maintain on the Department of Labor’s website a webpage that
invites residents and b usinesses in this state to make sugges tions
regarding laws and agency rules that could be modified or eliminated
to reduce the regulatory burden of residents and businesses in this
state.
B. On no less than a quarterly basis, the regulatory relief
office shall compile the results of the sugge stions from the webpage
and provide a written report to the Governor, the President Pro
Tempore of the Senate, and the Speaker of the House of
Representatives that describes the most common suggestions.
C. In creating the report described in s ubsection B of this
section, the regulatory relief office and the Commission:
1. Shall ensure the priv ate information of residents and
businesses that make sugge stions on the website is not made public;
and
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2. May evaluate the suggestions and provide analysis and
suggestions regarding which state laws and agency rules could be
modified or eliminated to reduce the regulatory burden of residents
and businesses in this state while still protecting consumers.
SECTION 12. This act shall become effective No vember 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
March 1, 2023 - DO PASS