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ENGROSSED SENATE
BILL NO. 515 By: Bergstrom of the Senate
and
Kendrix of the House
An Act relating to the Administrative Procedures Act;
amending 75 O.S. 2021, Sections 250.3, 253, 303.1,
307.1, 308, and 308.3, which relate to administrative
rule provisions and the Joint Committee on
Administrative Rules ; conforming language; deleting
definitions; directing certain submi ssions to chief
legislative officer of each chamber; modifying date
of submission for proposed permanent administrative
rules; repealing 75 O.S. 2021, Section 303a, which
relates to expedited rule repeal process; updating
statutory language; updating statutory reference; and
declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 75 O.S. 2021, Section 250.3, is
amended to read as follows:
Section 250.3. As used in the Administrative Procedure s Act:
1. “Administrative head” means an official or agency body
responsible pursuant to law for issuing final agency orders;
2. “Adopted” means a proposed emergency rule which has been
approved by the agency but has not been approved or disapproved by
the Governor as an emergency rule as provided b y Section 253 of this
title, or a proposed perm anent rule which has been approved by the
agency and not disapproved by the Governor pursuant to p aragraph 6
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of subsection A of Section 303 of this title, but has not been
finally approved or disapproved by th e Legislature or the Governor;
3. “Agency” includes but is not limited to any constitutionally
or statutorily created state board, bureau, commi ssion, office,
authority, public trust in which the state is a be neficiary, or
interstate commission, except:
a. the Legislature or any branch, committee or o fficer
thereof, and
b. the courts;
4. “Concurrent majority” means a majority of members on the
Joint Committee on Administrative Rules from both the Oklahoma
Senate and the Oklahoma House of Representatives;
5. “Emergency rule” means a rule that is made pursuant to
Section 253 of this title;
6. “Expedited repeal” means the procedure utilized by a ru le-
making agency as specified in Section 9 of this act;
7. 5. “Final rule” or “finally adopted rule ” means a rule other
than an emergency rule, which has not been published pursuant to
Section 255 of this title but is otherwise in compliance with the
requirements of the Administrative Procedures Act, and is:
a. approved by the Legislature pursuant to Section 308.3
of this title, provided that any such joint re solution
becomes law in accordance with Section 11 of Article
VI of the Oklahoma Constitution,
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b. approved by the Governor pursuant to subsection C of
Section 308.3 of this title,
c. approved by a joint resolu tion pursuant to subsection
B of Section 308 of this title, provided that any such
resolution becomes law in accordance with Section 11
of Article VI of the Oklahoma Constitution, or
d. disapproved by a joint r esolution pursuant to
subsection B of Section 308 of this title or Section
308.3 of this title, which has been vetoed by the
Governor in accordance with Section 11 of Article VI
of the Oklahoma Constitution and the veto has not been
overridden;
8. 6. “Final agency order” means an order that includes
findings of fact and conclusions of law pursuan t to Section 312 of
this title, is dispositive of an individual proceeding unless there
is a request for rehearing, reopening, or reconsideration pursuant
to Section 317 of this title and which is subject to j udicial
review;
9. 7. “Hearing examiner” means a person meeting the
qualifications specified by Article II of the Administrative
Procedures Act and who h as been duly appointed by an agency to hold
hearings and, as required, render orders or proposed order s;
10. 8. “Individual proceeding” means the formal process
employed by an agency having jurisdiction by law to resolve issues
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of law or fact between parties and which results in the exercise of
discretion of a judicial nature;
11. 9. “License” includes the whole or part of any agency
permit, certificate, approval, registration, charter, or similar
form of permission required by law;
12. 10. “Office” means the Office of the Secretary of State;
13. 11. “Order” means all or part of a formal or official
decision made by an agency including but not limit ed to final agency
orders;
14. 12. “Party” means a person or agency named and
participating, or properly seeking and entitle d by law to
participate, in an individ ual proceeding;
15. 13. “Permanent rule” means a rule that is made pursuant to
Section 303 of this title;
16. 14. “Person” means any individual, partnership,
corporation, association, governmental subdivision, or public or
private organization of any cha racter other than an agency;
17. 15. “Political subdivision” means a county, city,
incorporated town or school district within this state;
18. 16. “Promulgated” means a finally adopted rule which has
been filed and published in acco rdance with the provis ions of the
Administrative Procedures Act, or an emergency rule or preemptive
rule which has been approved by the Governor;
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19. 17. “Rule” means any agency statement or group of related
statements of general applicability and future effe ct that
implements, interprets or prescribes law or policy, or d escribes the
procedure or practice requirements of the agency. The term “rule”
rule includes the amendment or revocation of an effective rule but
does not include:
a. the issuance, renewal, denial , suspension or
revocation or other sanction of an individu al specific
license,
b. the approval, disapproval or prescription of rates.
For purposes of this subparagraph, the term “rates”
shall not include fees or charges fixed by an agency
for services provided by that agency including but not
limited to fees charged for licensing, permitting,
inspections or publi cations,
c. statements and memoranda concerning only the internal
management of an agency and not affecting private
rights or procedures availabl e to the public,
d. declaratory rulings issued pursuant to Section 307 of
this title,
e. orders by an agency, o r
f. press releases or “agency news releases ”, provided
such releases are not for the purpose of interpreting,
implementing or prescribing law or agency policy;
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20. 18. “Rulemaking” means the process emp loyed by an agency
for the formulation of a rule;
21. 19. “Secretary” means the Secretary of State;
22. 20. “Small business” means a for-profit enterprise
consisting of fifty or fewer full -time or part-time employees; and
23. 21. “Technical legal defect ” means an error that would
otherwise invalidate an action by a court of law.
SECTION 2. AMENDATORY 75 O.S. 2021, Section 253, is
amended to read as follows:
Section 253. A. 1. If an agency finds that a rule is
necessary as an emergency measure, the rule may be promulgated
pursuant to the provisions of this section, if the rule is first
approved by the Governor. The Governor shall not approve the
adoption, amendment, revision or rev ocation of a rule as an
emergency measure unle ss the agency submits substantial evidence
that the rule is necessary as an emergency measure to do any of the
following:
a. protect the public health, safety or welfare,
b. comply with deadlines in amendments to an agency’s
governing law or federal progra ms,
c. avoid violation of federal law or regulation or other
state law,
d. avoid imminent reduction to the agency ’s budget, or
e. avoid serious prejudice to the public in terest.
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As used in this subsection, “substantial evidence” shall mean
credible evidence which is of sufficient quality and probative value
to enable a person of reasonable caution to support a conclusion.
2. In determining whether a rule is necessary as a n emergency
measure, the Governor shall consider whether the emergency situation
was created due to the agency’s delay or inaction and cou ld have
been averted by timely compliance with the provisions of this
chapter.
B. An emergency rule adopted by an age ncy shall:
1. Be prepared in the format required by Section 251 of this
title;
2. a. Include an impact statement which meets the
requirements set forth in subparagraph b of this
paragraph unless the Governor waives the requirement
in writing upon a findin g that the rule impact
statement or the specified contents thereof are
unnecessary or contrary to the public interest.
b. The rule impact statement shall include, but not be
limited to:
(1) a brief description of the proposed rule,
(2) a description of the persons who most likely will
be affected by the proposed rule, including
classes that will bear the costs of the proposed
rule, and any information on cost impacts
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received by the agency from any private or public
entities,
(3) a description of the classe s of persons who will
benefit from the proposed rule,
(4) a description of the probabl e economic impact of
the proposed rule upon affected classes of
persons or political subdivisions, including a
listing of all fee changes and, whenever
possible, a separate justification for each fee
change,
(5) the probable costs and benefits to the agenc y and
to any other agency of the implementation and
enforcement of the proposed rule, and any
anticipated effect on state revenues, including a
projected net loss or gain in such revenues if it
can be projected by the agency,
(6) a determination of whether implementation of the
proposed rule may have an adv erse economic effect
on small business as provided by the Oklahoma
Small Business Regulatory Flexibility Act,
(7) an explanation of the measures the agency ha s
taken to minimize compliance costs and a
determination of whether there are less costly or
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nonregulatory methods or less intrusive methods
for achieving the purpose of the proposed rule,
(8) a determination of the effect of the proposed
rule on the public health, safety, and
environment and, if the proposed rule is designed
to reduce significant risks to the public health,
safety, and environment, an explanation of the
nature of the risk and to what extent the
proposed rule will reduce the risk,
(9) a determination of any detrimental effect on the
public health, safety, and environment if the
proposed rule is not implemented, and
(10) the date the rule impact statement was prepared
and if modified, the date modified.
c. The rule impact statement shall be p repared on or
before the date the emergency ru le is adopted;
3. Be transmitted pursuant to Section 4 64 of Title 74 of the
Oklahoma Statutes to the Governor, the Speaker of the Oklahoma House
of Representatives, the Pre sident Pro Tempore of the Senate , and the
chairs of the Joint Committee on Administ rative Rules chief
legislative officer of each chamb er, along with the information
required by this subsection within ten (10) days after the rule is
adopted; and
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4. Not be invalidated on the ground that th e contents of the
rule impact statement are insuf ficient or inaccurate.
C. 1. Within forty -five (45) calendar days of receipt of a
proposed emergency rule filed with the Governor, the Speaker of the
Oklahoma House of Representatives, the President Pro Te mpore of the
Senate, and the chairs of the Joint Committee on Administrative
Rules chief legislative officer of each chamber, the Governor shall
review the demonstration of emergency pursuant to subsection A of
this section, and shall separately review the rule in accordance
with the standards prescribed in paragraph 3 of this subsection.
2. Prior to approval of emergency rules, the Governor shall
submit the emergency rule to the Secretary of State for review of
proper formatting.
3. If the Governor deter mines the agency has established the
rule is necessary as an emergency measure pursuant to subsection A
of this section, the Governor shall approve the proposed emergency
rule if the rule is:
a. clear, concise, and understandable,
b. within the power of th e agency to make and within the
enacted legislative standards, and
c. made in compliance with the requi rements of the
Administrative Procedures Act.
D. 1. Within the forty -five-calendar-day period set forth in
paragraph 1 of subsection C of this section, the Governor may
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approve the emergency rule or d isapprove the emergency rule.
Failure of the Governor to approve an emergency rule within the
specified period shall constitute disapproval of the emergency rule.
2. If the Governor disapproves the adopted emergency rule, the
Governor shall return the en tire document to the agency with reasons
for the disapproval. If the agency elects to modify the rule, the
agency shall adopt the modifications, and shall file the modified
rule in accordance with the requi rements of subsection B of this
section.
3. Upon disapproval of an emergency rule, the Governor shall,
within fifteen (15) days, make written notification to the Speaker
of the House of Representatives, the President Pro Tempore of the
Senate, the chairs of the Joint Committee on Administrative Rules
chief legislative officer of each chamber, and the Office of
Administrative Rules.
E. 1. Upon approval of an emergency rule, the Governor shall
immediately make written notification to the agency, the Speake r of
the House of Representatives, the President Pro Tempore of the
Senate, the chairs of the Joint Committee on Administrative Rules
chief legislative officer of each chamber, and the Office of
Administrative Rules. Upon receipt of the notice of the appr oval,
the agency shall file with the Office of Ad ministrative Rules a s
many copies of the notice of app roval and the emergency rule as
required by the Secretary.
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2. Emergency rules shall be subject to legislative review
pursuant to Section 308 of this tit le.
3. The emergency rule shall be published in accordance with the
provisions of Section 255 of this title in “The Oklahoma Register”
following the approval by the Governor. The Governor ’s approval and
the approved rules shall be retained as official re cords by the
Office of Administrative Rules.
F. 1. Upon approval by the Governor, an emergency rule s hall
be considered promulgated and shall be in force immediately, or on
such later date as specified therein. An emergency rule shall only
be applied prospectively from its effective date.
2. Except as otherwise provided in this subsection, the
emergency rule shall remain in full force and effect through the
first day of the next succeeding regular session of the Legislature
following promulgation of suc h emergency rule until September 14
following such session, unless it is made ineffective pursuant to
subsection H of this section.
G. No agency shall adopt any emergency rule which establishes
or increases fees, except during such times as the Legislatur e is in
session, unless specifically mandated by the Legislature or f ederal
legislation, or when the fa ilure to establish or increase fees would
conflict with an order issued by a court of law.
H. 1. If an emergency rule is of a continuing nature, the
agency promulgating such emergency rule shall initi ate proceedings
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for promulgation of a permanent rule p ursuant to Sections 303
through 308.2 of this title. If an emergency rule is superseded by
another emergency rule prior to the enactment of a permanent rule,
the latter emergency rule shall retain the same expiration date as
the superseded emergency rule, unless otherwise authorized by the
Legislature.
2. Any promulgated emergency rule shall be made ineffective if:
a. disapproved by the Legislature,
b. superseded by the promulgation of permanent rules,
c. any adopted rules based upon such emergency rules are
subsequently disapproved pursuant to Section 308 of
this title, or
d. an earlier expiration date is specified by the agency
in the rules.
3. a. Emergency rules in effect on the first day of the
session shall be null an d void on September 15
following sine die adjournment of the Legislature
unless otherwise specifically provided by the
Legislature.
b. Unless otherwise authorized by the Legislature, an
agency shall not adopt any emergency rule, which h as
become null and void pursuant to subparagraph a of
this paragraph, as a new emergency rule or adopt any
emergency rules of similar scope or intent as the
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emergency rules which became null and void pursuan t to
subparagraph a of this paragraph.
I. Emergency rules shall not become effective unless approved
by the Governor pursuant to the provisions of this section.
J. 1. The requirements of Section 303 of this title relating
to notice and hearing shall not be applicable to emergency rules
promulgated pursuant to the provisi ons of this section. Provided ,
this shall not be construed to prevent an abbreviated notice and
hearing process determined to be necessary by an agency.
2. The rule report required pursu ant to Section 303.1 of this
title shall not be applicable to emergen cy rules promulgated
pursuant to the provisions of this section. Provided, this shall
not be construed to prevent an agency from complying with such
requirements at the discretion of such agency.
3. The statement of submission requir ed by Section 303.1 of
this title shall not be applicabl e to emergency rules promulgated
pursuant to the provisions of this section.
K. Prior to approval or disapproval of an emergency rule by the
Governor, an agency may withdraw from review an emergency rule
submitted pursuant to the provisions of this sectio n. Notice of
such withdrawal shall be given to the Governor, the Speaker of the
House of Representatives, the President Pro Tempore of the Senate in
accordance with the requirements set forth in Sect ion 464 of Title
74 and to the Office of Administrative Rules as required by the
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Secretary. In order to be promulgated as emergency rules, any
replacement rules shall be resubmitted pursuant to the provisions of
this section.
L. Upon completing the requi rements of this sectio n, an agency
may promulgate a prop osed emergency rule. No emergency rule is
valid unless promulgated in substantial compliance with the
provisions of this section.
M. Emergency rules ad opted by an agency or approved by the
Governor shall be subject to re view pursuant to the provisions of
Section 306 of this title.
SECTION 3. AMENDATORY 75 O.S. 2021, Section 303.1, is
amended to read as follows:
Section 303.1. A. Within ten (10) days after adoption of a
permanent rule, the agenc y shall file two copies of the fol lowing
with the Governor, the Speaker of the House of Representatives, the
President Pro Tempore of the Senate , and the chairs of the Joint
Committee on Administrative Rules chief legislative officer of each
chamber: all such new rules or amendments; revi sions or revocations
to an existing rule proposed by an agency; a nd the agency rule
report as required by subsection E of this section.
B. If the agency determines in the rule impact statement
prepared as part of the agen cy rule report that the proposed r ule
will have an economic impact on any political subdivisions or
require their cooperation in implementing or enforcing a proposed
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permanent rule, a cop y of the proposed rule and rule report shall be
filed within ten (10) days after adoption of the perman ent rule with
the Oklahoma Advisory Committee on Intergovernmenta l Relations for
its review. The Committee may communicate any recommendations that
it may deem necessary to the Governor, the Speaker of the House of
Representatives, and President Pro Tempo re of the Senate during the
period that the permanent rules are be ing reviewed.
C. When the rules have been submitted to the Governor, the
Speaker of the House of Representatives, the President Pro T empore
of the Senate, and chairs of the Joint Committee on Administrative
Rules the chief legislative officer of each chamber , the agency
shall also submit to the Office of Administrative Rules for
publication in “The Oklahoma Register ”, a statement that t he adopted
rules have been submitted to the Governor and the Legislature.
D. The text of the adopted rules shall be submitted to the
Governor, the Speaker of the House of Representatives, and the
President Pro Tempore of the Senate in the same format as r equired
by the Secretary pursuant to Section 251 of this title.
E. The report required by subsection A of this se ction shall
include:
1. The date the notice of the inte nded rulemaking action was
published in “The Oklahoma Register ” pursuant to Section 25 5 of this
title;
2. The name and address of the agency;
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3. The title and number of the rule;
4. A citation to the constitutional or statutory authority for
the rule;
5. The citation to any federal or state law, court ruling, or
any other authority requ iring the rule;
6. A statement of the gist of the rule or a brief summary of
the content of the adopted rule;
7. A statement explaining the need for the adopted rule;
8. The date and location of the meeting , if held, at which such
rules were adopted or the date and location wh en the rules were
adopted if the rulemaking agency is not required to hold a meeting
to adopt rules;
9. A summary of the comments and explanation of changes or lack
of any change made in the adopted rules as a result of testimony
received at all hearings or meetings held or sponsored by an agency
for the purpose of providing the public an oppo rtunity to comment on
the rules or of any written commen ts received prior to the adoption
of the rule. The summary shall include all comments received about
the cost impact of the proposed rules;
10. A list of persons or organizations who appeared or
registered for or against the adopted rule at any public he aring
held by the agency or those who h ave commented in writing before or
after the hearing;
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11. A rule impact statement if required pursuant to Section 303
of this title;
12. An incorporation by re ference statement if the rule
incorporates a set of rule s from a body outside the state, such a s a
national code;
13. The members of the gove rning board of the agenc y adopting
the rules and the rec orded vote of each member;
14. The proposed effective dat e of the rules, if an effective
date is required pursuan t to paragraph 1 of subsection B of Sec tion
304 of this title; and
15. Any other information requested by the Governor, the
Speaker of the House of Representatives, or the President Pro
Tempore of the Senate or the Joint Committee on Administrative
Rules.
SECTION 4. AMENDATORY 75 O.S. 2021, Section 307.1, is
amended to read as follows:
Section 307.1. A. The Speaker of the House of Representatives
and the President Pro Tempore of the Senate shall may establish a
joint rule committee to be designated as the Joint Committee on
Administrative Rules or designated standing committee of each such
house to review administrati ve rules.
B. The President Pro Tempore and the Speaker shall appoint
current members of the Senate and House of Representatives to the
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Committee. The Presid ent Pro Tempore and Speaker shall designate
one of their respective appointments as co -chair of the Committee.
C. A quorum shall be required to conduct any business of the
Committee. A quorum shall be a majority of the Senate members of
the Committee and a majority of the House members of the Commit tee.
D. The Committee shall Such committees may meet as needed and
during sessions of the Legislature and at regular intervals in the
interim.
E. C. The function of the Committee committees shall be the
review of all adopted agency administrative rules including
recommending by concurrent majority an appr oval or disapproval of
each proposed rule to the Legislature. The Committee may also
recommend by concurrent majority an agency amend or further consider
a proposed rule and the promotion of adequate and proper rules by
agencies. Each committee may review all adopted rules and such
other rules the committee deems a ppropriate and may m ake
recommendations concerning such rules to its respective house of the
Legislature, or to the agency adopting the rule, or to both its
respective house of the Le gislature and the agency.
F. The Committee shall approve or disapprove by concurrent
majority a repeal of rules under the expedited r epeal process
pursuant to this act. Such rules shall be presented to the
Legislature for final approval for repeal.
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G. D. In addition to the review of agency-adopted rules
pursuant to this act, the Committee committees shall have the power
and duty to:
1. Conduct a continuous study and investigations as to whether
additional legislation or changes in legislation are needed based on
various factors, including but not limited to, review of proposed
rules, review of existing rules including but not limited to
consideration of amendments to or repeal of existing rules, the lack
of rules, the ability of agencies to promulgate such rules, t he
burden of administrative rules on the regulated community and the
needs of administrative agencies;
2. Conduct a continuous study of the rulemaking process of all
state agencies including those agenci es exempted by Section 250.4 of
this title for the p urpose of improving the rulemaking process;
3. Conduct such other studies and i nvestigations relating to
rules as may be determined to b e necessary by the Committee; and
4. Monitor and investigate compl iance of agencies with the
provisions of the Adminis trative Procedures Act, make periodic
investigations of the rulemaking activitie s of all agencies and
evaluate and report on all rules in terms of their propriety, legal
adequacy, relation to constitution al or statutory authorization,
economic and budgetar y effects and public policy.
SECTION 5. AMENDATORY 75 O.S. 2021, Section 308, is
amended to read as follows:
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Section 308. A. Upon receipt of any adopted proposed permanent
rules, the Speaker of the House of Representatives and the President
Pro Tempore of the Senate shall assign such rules to the Joint
Committee on Administrative Rules appropriate committees of each
house of the Legislature for review. Except as otherwise provi ded
by this section:
1. If such rules are received on or before April 1, the
Legislature shall have until the last da y of the regular legislative
session of that year to act on the recommendations of the Joint
Committee on Administrative Rules review such rules. Provided,
proposed permanent rules for cons ideration by the 2nd Session of the
59th Legislature shall be subm itted on or before March 1. For each
legislative session thereafter, pr oposed permanent rules shall be
submitted on or before Febr uary 1 of the given year; and
2. If such rules are receive d after April 1 the date
established pursuant to paragraph 1 of th is subsection, the
Legislature shall have until the last day of the regu lar legislative
session of the next year to act on the recommendations of the Joint
Committee on Administrative Rules such rules.
B. By the adoption of joint resolutions during the re view
period specified in subsection A of this section, the Legislature
may disapprove or approve any rule, and disapprove all or part of a
rule or rules and disapprove or approve the repeal of rules under
the expedited repeal process pursuant to this act . Rules under
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consideration at a meeting of the Joint Committee on Administra tive
Rules during the interim may be acted upon by the Legisla ture at any
time during session.
C. Unless otherwise authorized by the Legislature, whenever a
rule is disapproved as pro vided in subsection B of this section, the
agency adopting such rules sh all not have authority to resubmit an
identical rule, except d uring the first sixty (60) calendar days of
the next regular legislative session. Any effective emergency rule
which would have been superseded by a disapproved permanent rule
shall be deemed null and void on the date the Legislature
disapproves the perma nent rule. Rules may be disapproved in part or
in whole by the Legislature. Upon enactment of any joint resolution
disapproving a rule, the agency shall file notice of such
legislative disapproval with the Secretary for publication in “The
Oklahoma Register”.
D. Unless otherwise provided by specific vote of the
Legislature, joint resolutions introduced for purposes of
disapproving or approving a rule or the omnibus joint resolution
described in Section 308.3 of this title shall not be subject to
regular legislative cutoff dates, shall be limited to such
provisions as may be necessary for disapproval or approval of a
rule, and any such other direction or mandate regarding the rule
deemed necessary by the Legislature. The resolution shall contain
no other provisions.
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E. A proposed permanent rule shall be d eemed finally adopted
if:
1. Approved by the Legislature pursuant to Section 6 of this
act 308.3 of this title, provided that any such joint resolution
becomes law in accordance with Section 11 o f Article VI of the
Oklahoma Constitution;
2. Approved by a joint resolution pursuant to subsection B of
this section, provided t hat any such resolution becomes law in
accordance with Section 11 of Article VI of th e Oklahoma
Constitution; or
3. Disapproved by a joint resolution pursuant to subsection B
of this section or Section 308.3 of this title which has been vetoed
by the Governor in accordance with Section 11 of Article VI of the
Oklahoma Constitution and the veto has not been overridden.
F. Prior to final adoption of a rule, an agency may withdraw a
rule from legislative review. Notice of such withdrawal shall be
given to the Governor, the Speaker of the House of Representatives,
the President Pro Tempore o f the Senate, and to the Secretary for
publication in “The Oklahoma Register ”.
G. An agency may prom ulgate an emergency rule only pursuant to
Section 253 of this title.
H. Any rights, privileges, or interests gained by any person by
operation of an emerg ency rule, shall not be affected by reaso n of
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any subsequent disapproval or rejection of such rule by either house
of the Legislature.
SECTION 6. AMENDATORY 75 O.S. 2021, Section 308.3, is
amended to read as follows:
Section 308.3. A. The Legislature shall have joint r esolutions
prepared for consideration each session.
B. For the purpose of this section, a proposed permanent rule
may be disapproved, in whole or in part, in a joint r esolution
considered by the Legislature.
C. If any rule received on or before April 1 the date
established pursuant to paragraph 1 of subsection A of Section 308
of this title is not subject to a joint resolution pass ed by both
houses of the Legislature and signed by the Governor or is found by
the Governor to have a technical legal defect p reventing approval of
administrative rules intended to be ap proved by the Legislature, the
Governor may declare any rules received on or before April 1 and not
subject to a joint resolution passed by both houses of the
Legislature to be approved or disappr oved and finally adopted by
publishing a single declaration in “The Oklahoma Register” on or
before July 17. If the Governor find s that the joint resolution has
a technical legal defect, the Governor shall make the finding in
writing and submit the findin g to the Legislature.
SECTION 7. REPEALER 75 O.S. 2021, Section 303a, is
hereby repealed.
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SECTION 8. It being immediately necessary for the pr eservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take eff ect and
be in full force from and after its passage and approval.
Passed the Senate the 16th day of February, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2023.
Presiding Officer of the House
of Representatives