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SENATE FLOOR VERSION
February 28, 2024
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 180 By: Bergstrom
An Act relating to the Administrative P rocedures Act;
amending 75 O.S. 2021, Section 303.1, as amended by
Section 3, Chapter 38, O.S.L. 2023 (75 O. S. Supp.
2023, Section 303.1) , which relates to rule filing;
requiring all public comment to be submitted with
proposed rules; updating statutory language; and
declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 75 O.S. 2021, Section 303.1, as
amended by Section 3, Chapter 38, O.S.L. 2023 (75 O.S. Supp. 2023,
Section 303.1), is amended to read as follows:
Section 303.1. A. Within ten (10) days after adoption of a
permanent rule, the agency 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 chief legislative
officer of each chamber: all such new rules or amendments;
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revisions or revocations to an existing rule proposed by an agency;
and the agency rule report as required by subsection E of this
section.
B. If the agency determines in the rule impact statem ent
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
permanent rule, a copy of the proposed rule and rule repor t 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 recommen dations that
it may deem necessary to the Governor, th e Speaker of the House of
Representatives, and the President Pro Tempore 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 P resident Pro Tempore
of the Senate, and 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 the
adopted rules have b een 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
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President Pro Tempore of the Senate in the same format as r equired
by the Secretary of State pursuant to Section 251 of this title.
E. The report required by subsection A of this section shall
include:
1. The date the notice of the inte nded rulemaking action was
published in “The Oklahoma Register” pursuant to Section 255 of this
title;
2. The name and address of the agency;
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 mee ting
to adopt rules;
9. A summary of the comments All public comments received and
an explanation of changes or lack of any change made in the adopted
rules as a result of tes timony received at all hearings or meetings
held or sponsored by an agency for the purpose of providing the
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public an opportunity to comment on the rules or of any written
comments received prior to the adoption of the rule. The summary
report shall include all comments received about the cost impact of
for the proposed rules, whether submitted in person, in writing, or
by electronic means;
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;
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 this state, such
as a national code;
13. The members of the governing board of the agenc y adopting
the rules and the recorded vote of each member;
14. The proposed effective da te of the rules, if an effective
date is required pursuan t to paragraph 1 of subsection B of Section
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.
SECTION 2. It being immediately necessary for the prese rvation
of the public peace, health or safety, an e mergency is hereby
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declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON ADMI NISTRATIVE RULES
February 28, 2024 - DO PASS AS AMENDED BY CS