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ENGROSSED HOUSE
BILL NO. 1297 By: Osburn of the House
and
Rader of the Senate
An Act relating to statutes and reports; amending 75
O.S. 2021, Sections 250.9, 255, 256, and 257.1, which
relate to the Administrative Proce dures Act;
requiring electronic publishing of the Oklahoma
Administrative Code and The Oklahoma Register ;
authorizing download of certain documents; removing
requirement for indexing and supplements; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE O F THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 75 O.S. 2021, Section 250.9, is
amended to read as follows:
Section 250.9 A. There is hereby established an Office of
Administrative Rules within the Office of the Secretary of Stat e.
The Office of Administrative Rules shall have the primary
responsibility for pub lishing "The Oklahoma Register " and the
"Oklahoma Administrative Code " and otherwise implementing the
provisions of Article I of the Administrative Procedures Act. The
Secretary of State shall provide for the adequate staffing of the
Office to implement the provisions of this section including but not
limited to an editor-in-chief editor in chief.
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B. The Secretary shall cause to be published in electronic
form, and may cause to be published in printed form, at the least
cost possible to the state, the "Oklahoma Administrative Code" and
"The Oklahoma Register ". In the event of any discrepancy between
the electronic and printed form of th e Code or "The Oklahoma
Register", the electronic form shall prevail unless it is
conclusively shown, by reference to the rule making filings made with
the Secretary, that the electronic form con tains an error in
publication.
SECTION 2. AMENDATORY 75 O.S. 2021, Sectio n 255, is
amended to read as follows:
Section 255. A. 1. The Secretary of State is hereby
authorized, directed, and empowered to publish "The Oklahoma
Register" not less than monthly for the publication of new rules,
any amendment, revision or revo cation of an existing rule, emergency
rules, any notices of such rulemaking process and Executive Orders
as are required by law to be publ ished in "The Oklahoma Register".
Said rules or amendments, revisions, or revocations of existing
rules shall be published in the first issue of "The Oklahoma
Register" published pursuant to Sections 251, 253, 256, 303, 303.1 ,
303.2 and 308 of this title after the date of accept ance by the
Secretary.
2. The Secretary shall cause a copy of each publication of "The
Oklahoma Register" to be sent to those county clerks who request it,
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to members of the Legislature upon request, and to such other
agencies, libraries, and officials as the Secretary may select. The
Secretary may charge recipients of the publication a cost suff icient
to defray the cost of publication and mailing. If the Secretary
determines that the entity requesting copies could download "The
Oklahoma Register" through the Internet, then the Secretary may
comply by providing "The Oklahoma Register " to the entity via
Internet, at no charge.
3. The Secretary shall cause a copy of all rules, all new
rules, and all amendments, revisions, or revocat ions of existing
rules to be on file and available for public examination in the
Office during normal office hours.
4. The Secretary shall promulgate rules to systematize the
designations of rules. To establish said system or to preserve
uniformity of designations, the Secretar y may require the agency to
change the title or numbering of any rule or any amendment,
revision, or revocation thereof.
B. The Secretary is authorized to provide for the publication
of rules in summary form when the rules are of s uch length that
publication of the full text would be too costly. The summary shall
be prepared by the agency submitt ing the rules and shall state where
the full text of the rule may be obtained.
C. The notice required pursuant to the provisions of Section
303 of this title sha ll be published in "The Oklahoma Register"
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prior to the adoption of a new rule, or amendment, revision or
revocation of any existing rule. The notice shall include the
information required by Section 303 of this title.
SECTION 3. AMENDATORY 75 O.S. 2021, Section 256, is
amended to read as follows:
Section 256. A. 1. The Secretary of State shall provide for
the codification, compilation, indexing and publication of agency
rules and Executive Orders in a publication which shall b e known as
the "Oklahoma Administrative Code" in the following manne r:
a. On or before January 1, 1 992, the Secretary shall
compile Executive Orders which are effective pursuant
to paragraph 3 of subsection B of this section, and
agency rules which have be en submitted pursuant to the
agency schedule of compliance and have been accepted
as properly codified, as set forth in this section,
and rules promulgated by the Secretary . Such
compilation shall be maintained by the Office of
Administrative Rules and sh all be updated by agencies,
in a manner prescribed by the Secretary, to reflect
subsequent permanent rulemaking. Prior to publication
of the first "Code", as set forth in subparagraph b of
this paragraph, the compilation shall constitute the
official permanent rules of the state. Effective
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January 1, 1992, any permanent rule not included in
such compilation shall be void and of no effect.
b. On or before December 1, 1992, the Secretary shall
have indexed and published the "Oklahoma
Administrative Code". To effectuate this provision,
the Secretary may contract for the pub lishing and
indexing, or both of the "Oklahoma Administrative
Code". Any permanent rule not published in the "Code"
shall be void and of no effect. A finally adopted
rule filed and publi shed in "The Oklahoma Register"
may be valid until publication of th e next succeeding
"Code" or "Code" supplement following the date of its
final adoption. Provided, a per manent rule which is
finally adopted after the closing date for publication
in a "Code" or "Code" supplement as announced by the
Secretary may be valid until publication of the next
succeeding "Code" or "Code" supplement. A permanent
rule which is published in "The Oklahoma Register "
after the closing date for publication in the first
"Code", as announced by the Secretary, shall be void
and of no effect upon publication of the next
succeeding "Code" or "Code" supplement, if not
published in the "Code" or "Code" supplement.
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2. Compilations or revisions of the "Code" or any part thereof
shall be supplemented or revised annually. The "Code" shall be
organized by state agency and shall b e arranged, indexed and printed
in a manner to permit separate publications of portions thereof
relating to individual agencies.
3. Annual supplements to th e "Code" shall be cumulative.
Emergency rules shall not be publishe d in the "Code" or in any
supplements thereto.
4. The "Code" and the supplements shall include a genera l
subject index and an agency index of all rules and Executive Orders
contained therein. "The Oklahoma Register" shall also include a
sections-affected index of the "Code". The "Code" and supplements
shall contain such notes, cross-references and explanatory materials
as required by the Secretary.
5. The Secretary in preparing such rul es for publication in the
"Code" or supplements shall omit all mater ial shown in canceled
type. The Secretary shall not prepare any rule for publication in
the "Code" which amends or revises a rule unless the rule so
amending or revising conforms to the p rovisions of the
Administrative Procedures Act.
6. The Secretary is authorized to determine a numb ering system
and other standardized format for documents to be filed and may
refuse to accept for publication any document that does not
substantially confor m to the promulgated rules of the Secretary.
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B. 1. Rules submitted and accepted for publication i n the
"Code" by August 15 of each year shall be published in the next
succeeding "Code" or supplement thereto.
2. As soon as possible after August 15 of eac h year, the
Secretary shall assemble all rules and Executive Orders, except
emergency rules, promul gated after the publication of the preceding
"Code" or "Code" supplement in accordance with the provisions of the
Administrative Procedures Act for publicati on in the "Oklahoma
Administrative Code". The "Code" or supplements thereto should be
published as soon as possible after August 30 of each year.
3. Executive Orders of p revious gubernatorial administrations
shall terminate ninety (90) calendar days foll owing the inauguration
of the next Governor unless otherwise termina ted or continued during
that time by Executive Order. Copies of all Executive Orders shall
be published and indexed in the "Oklahoma Administrative Code ". All
Executive Orders placing ag encies or employees under the State Merit
System of Personnel Admini stration shall remain in effect unless
otherwise modified by action of the Legislature.
C. The Secretary is hereby authorized and empowered to publish
or to contract to publish the "Oklahoma Administrative Code", and to
publish or contract to publish such annual cumulative supplements so
as to keep the "Code" current. All such agreements shall provide
that the publisher shall make such publications in such form and
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arrangement as shall be approved by the Secretary. The Secretary
may publish or authorize the publication of the "Code" in part.
D. The Secretary is authorized to correct spelling errors in
rules submitted for publication in the "Code" or any such
supplements or in "The Oklahoma Register". Any other errors in
rules submitted for publication i n the "Code" may be noted in
editorial notes provided by the Secretary.
E. The Secretary shall make copies of the "Code" generally
available at a cost sufficient to defray the cost of pub lication and
mailing. Except as otherwise provided by Section 257.1 of this
title, the Secretary i s authorized to sell or otherwise distribute
the "Code" and its supplements.
F. 1. The codification system, derivations, cross -references,
notes of decisions, source notes, authority notes, numerical lists,
and codification guides, other than the actual text of rules,
indexes, tables and other aids relevant to the publication of the
"Oklahoma Administrative Code " and "The Oklahoma Register " shall be
the property of the state and may be reproduced only with the
written consent of the Secretary. The inform ation which appears on
the same page with the text of a rule may be repro duced incidentally
with the reproduction of the rule, if the reproduction is for the
private use of the individual and not for resale. No person shall
attempt to copyright or publish the "Oklahoma Administrative Code"
or "The Oklahoma Register ", in printed or electronic media, without
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expressed written consent of the Secretary of State. The Secretary
shall notify the Speaker of the Oklahoma House of Representati ves
and the President Pro Tempore of the Oklahoma State Senate of any
requests to copyright or publish the "Oklahoma Administrative Code"
or "The Oklahoma Register ", prior to consent by the Secretary.
2. The Secretary may shall provide for the electronic access to
the "Oklahoma Administrative Code" and "The Oklahoma Register " by:
a. subscription Internet access at no charge , or
b. an exclusive or a nonexclusive contract for public and
private access.
3. Publications of rules by agencies are not official
publications.
4. The sale or resale of the "Oklahoma Administrative Code " or
any part thereof by the Secretary of State shall be exempt from any
requirement mandating acquisition of a resale number and payment of
sales tax.
SECTION 4. AMENDATORY 75 O.S. 2021, Section 257.1, is
amended to read as follows:
Section 257.1 A. The Secretary of State is authorized to enter
into and make reciprocal agreements wi th other states to allow
exchanges of administrative codes of su ch states.
B. 1. Each of the foll owing offices shall be entitled to
receive, as soon as available from the Secretary, without cost, one
copy of the printed volumes of the "Code" and the supplements
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thereto or, upon request from an office, one copy of the "Code" and
the supplements thereto on compact disc:
a. County county clerk of each county;
b. Clerk of the Supreme Court;
c. Attorney General;
d. Governor;
e. Speaker of the Oklahoma House of Representatives and
the President Pro Tempore of the Oklahoma State
Senate;
f. the Research, Legal and Fiscal Divisions of the House
of Representatives;
g. the Legislative Division of the Senate; and
h. the Department of Libraries for the Law Library.
2. The Department of Libraries is authorized to obtain number
of copies of the "Code" and the supplements thereto necessary for
use for deposit with the Publications Clearinghouse pursuant to
Sections 3-113.1 through 3-115 of Title 65 of the Oklahoma Statute s.
The Secretary is authorized to retain sufficient copies for exchange
purposes with other st ates for copies of their rules.
C. If the Secretary determines that the entity requesting
copies pursuant to subsection B of this section could download the
"Oklahoma Administrative Code" through the Internet, then the
Secretary may comply by providing the "Oklahoma Administrative Code"
to the entity via the Internet, at no charge.
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SECTION 5. This act shall become effective November 1, 2024.
Passed the House of Representatives the 4th day of March, 2024.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2024.
Presiding Officer of the Senate