SENATE FLOOR VERSION - HB1297 SFLR Page 1
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SENATE FLOOR VERSION
March 28, 2024
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 Admini strative Procedures 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 OF 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 Offic e of the Secretary of State.
The Office of Administrative Rules shall have the primary
responsibility for publishing "The Oklahoma Register" and the
"Oklahoma Administrative Code" and otherwise implementing the
provisions of Article I of the Adm inistrative Procedures Act. The
SENATE FLOOR VERSION - HB1297 SFLR Page 2
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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.
B. The Secretary shall cause to be published in el ectronic
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 the Code or "The Oklahoma
Register", the electronic form shall prevail unless it is
conclusively shown, by reference to the rulemaking filings made with
the Secretary, that the electronic form contains an error in
publication.
SECTION 2. AMENDATORY 75 O.S. 2021, Section 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 revocation of an existing rule, emergency
rules, any notices of such rulemaking process and Executive Orders
as are required by law to be published in "The Oklahoma Register".
Said rules or amendments, revisions, or revocations of existin g
rules shall be published in the first issue of "The Oklahoma
Register" published pursuant to Sections 251, 253, 256, 303, 303.1,
SENATE FLOOR VERSION - HB1297 SFLR Page 3
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
303.2 and 308 of this title after the date of acceptance 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,
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 pu blication a cost sufficient
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 revocations 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 Secretary may require the agency to
change the title or numbering of an y 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 such length that
publication of the full text would be too costly. The summary shall
SENATE FLOOR VERSION - HB1297 SFLR Page 4
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
be prepared by the agency submitting 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 shall be published in "The Oklahoma Register"
prior to the adoptio n 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 be known as
the "Oklahoma Administrative Code" in the following manner:
a. On or before January 1, 1992, the Secretary shall
compile Executive Orders which are effective pursuant
to paragraph 3 of subsection B of this section, and
agency rules which have been 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 shall be updated by agencies,
in a manner prescribed by the Secre tary, to reflect
subsequent permanent rulemaking. Prior to publication
SENATE FLOOR VERSION - HB1297 SFLR Page 5
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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
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 th e publishing 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 published in "The Oklahoma Register"
may be valid until publication of the nex t succeeding
"Code" or "Code" supplement following the date of its
final adoption. Provided, a permanent 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
SENATE FLOOR VERSION - HB1297 SFLR Page 6
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
succeeding "Code" or "Code" supplement, if not
published in the "Code" or "Code" supplement.
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 be arranged , indexed and printed
in a manner to permit separate publications of portions thereof
relating to individual agencies.
3. Annual supplements to the "Code" shall be cumulative.
Emergency rules shall not be published in the "Code" or in any
supplements thereto.
4. The "Code" and the supplements shall include a general
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 rules for publication in the
"Code" or supplements shall omit all material s hown 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 provisions of the
Administrative Procedures Act.
6. The Secretary is authorized to determine a numbering system
and other standardized format for documents to be filed and may
SENATE FLOOR VERSION - HB1297 SFLR Page 7
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
refuse to accept for publication any document that does not
substantially conform to the promulgated rules of the Secretary.
B. 1. Rules submitted and accepted for publication in 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 each year, the
Secretary shall assemble all rules and Executive Or ders, except
emergency rules, promulgated after the publication of the preceding
"Code" or "Code" supplement in accordance with the provisions of the
Administrative Procedures Act for publication in the "Oklahoma
Administrative Code". The "Code" or supplements ther eto should be
published as soon as possible after August 30 of each year.
3. Executive Orders of previous gubernatorial administrations
shall terminate ninety (90) calendar days following the inauguration
of the next Governor unless otherwise te rminated 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 agencies or employees under the State Merit
System of Personnel Administrat ion 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
SENATE FLOOR VERSION - HB1297 SFLR Page 8
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
that the publisher shall make such publications in such form and
arrangement as shall be approved by the Secretary. The Secretary
may publish or authorize the p ublication 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 publicat ion in 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 publication and
mailing. Except as otherwise provided by Section 257.1 of t his
title, the Secretary is 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 information which appears on
the same page with the text of a rule may be reproduced incidentally
with the reproduction of the rule, if the reproduction is for the
private use of the individual and not for resale. No person s hall
attempt to copyright or publish the "Oklahoma Administrative Code"
SENATE FLOOR VERSION - HB1297 SFLR Page 9
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
or "The Oklahoma Register", in printed or electronic media, without
expressed written consent of the Secretary of State. The Secretary
shall notify the Speaker of the Oklahoma House of Representatives
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 offici al
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 with other states to allow
exchanges of administrative codes of such states .
B. 1. Each of the following offices shall be entitled to
receive, as soon as available from the Secretary, without cost, one
SENATE FLOOR VERSION - HB1297 SFLR Page 10
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
copy of the printed volumes of the "Code" and the supplements
thereto or, upon request from an office, one copy of th e "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 Statutes.
The Secretary is authorized to retain sufficient copies for exchange
purposes with other states 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
SENATE FLOOR VERSION - HB1297 SFLR Page 11
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Secretary may comply by providing the "Oklahoma Administrative Code"
to the entity via the Internet, at no charge.
SECTION 5. This act shall become effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT
March 28, 2024 - DO PASS