Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB180 Compare Versions

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29-SENATE FLOOR VERSION
30-February 28, 2024
28+STATE OF OKLAHOMA
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30+2nd Session of the 59th Legislature (2024)
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3332 COMMITTEE SUBSTITUTE
3433 FOR
35-SENATE BILL NO. 180 By: Bergstrom
34+SENATE BILL 180 By: Bergstrom
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4544 An Act relating to the Administrative P rocedures Act;
4645 amending 75 O.S. 2021, Section 303.1, as amend ed by
4746 Section 3, Chapter 38, O.S.L. 2023 (75 O.S. Supp.
4847 2023, Section 303.1) , which relates to rule filing;
4948 requiring all public comment to be submitted with
5049 proposed rules; updating statutory language; and
5150 declaring an emergency.
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5958 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
6059 SECTION 1. AMENDATORY 75 O.S. 2021, Section 303.1, as
6160 amended by Section 3, Chapter 38, O.S.L. 2023 (75 O.S. Supp. 2023,
6261 Section 303.1), is amended to read as follows:
6362 Section 303.1. A. Within ten (10) days after adoption of a
6463 permanent rule, the agenc y shall file two copies of the fol lowing
6564 with the Governor, the Speaker of the House of Representatives, the
6665 President Pro Tempore of the Senate, and the chief legislative
6766 officer of each chamber: all such new rules or amendments;
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9593 revisions or revocations to an existing rule proposed by an agency;
9694 and the agency rule report as required by subsection E of this
9795 section.
9896 B. If the agency determines in the rule impact statem ent
9997 prepared as part of the agency rule report that the proposed r ule
10098 will have an economic impact on any political subdivisions or
10199 require their cooperation in implementing or enforcing a proposed
102100 permanent rule, a copy of the proposed rule and rule report sh all be
103101 filed within ten (10) days after adoption of the perman ent rule with
104102 the Oklahoma Advisory Committee on Intergo vernmental Relations for
105103 its review. The Committee may communicate any recommen dations that
106104 it may deem necessary to the Governor, th e Speaker of the House of
107105 Representatives, and the President Pro Tempore of the Senate during
108106 the period that the permanent rules are be ing reviewed.
109107 C. When the rules have been submitted to the Governor, the
110108 Speaker of the House of Representatives, the President Pro T empore
111109 of the Senate, and the chief legislative officer of each chamber ,
112110 the agency shall also submit to the Office of Administrative Rules
113111 for publication in “The Oklahoma Register”, a statement that the
114112 adopted rules have b een submitted to the Governor and the
115113 Legislature.
116114 D. The text of the adopted rules shall be submitted to the
117115 Governor, the Speaker of the House of Representatives, and the
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145142 President Pro Tempore of the Senate in the same format as r equired
146143 by the Secretary of State pursuant to Section 251 of this title.
147144 E. The report required by subsection A of this se ction shall
148145 include:
149146 1. The date the notice of the intended rulemaking action was
150147 published in “The Oklahoma Register” pursuant to Section 255 of this
151148 title;
152149 2. The name and address of the agency;
153150 3. The title and number of the rule;
154151 4. A citation to the constitutional or statutory authority for
155152 the rule;
156153 5. The citation to any federal or state law, court ruling, or
157154 any other authority requ iring the rule;
158155 6. A statement of the gist of th e rule or a brief summary of
159156 the content of the adopted rule;
160157 7. A statement explaining the need for th e adopted rule;
161158 8. The date and location of the meeting , if held, at which such
162159 rules were adopted or the date and location wh en the rules were
163160 adopted if the rulemaking agency is not required to hold a meeting
164161 to adopt rules;
165162 9. A summary of the comments All public comments received and
166163 an explanation of changes or lack of any change made in the adopted
167164 rules as a result of tes timony received at all hearings or meetings
168165 held or sponsored by an agency for the purpose of providing the
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196192 public an opportunity to comment on the rules or of any written
197193 comments received prior to the adoption of the rule. The summary
198194 report shall include all comments received about the cost impact of
199195 for the proposed rules, whether submitted in person, in writing, or
200196 by electronic means;
201197 10. A list of persons or organizations who appeared or
202198 registered for or against the adopted rule at any public he aring
203199 held by the agency or those who have commented in writing before or
204200 after the hearing;
205201 11. A rule impact statement if required pursuant to Section 303
206202 of this title;
207203 12. An incorporation by re ference statement if the rule
208204 incorporates a set of rule s from a body outside the this state, such
209205 as a national code;
210206 13. The members of the gove rning board of the agenc y adopting
211207 the rules and the recorded vote of each member;
212208 14. The proposed effective da te of the rules, if an effective
213209 date is required pursuan t to paragraph 1 of subsection B of Section
214210 304 of this title; and
215211 15. Any other information requested by the Governor, the
216212 Speaker of the House of Representatives, or the President Pro
217213 Tempore of the Senate.
218214 SECTION 2. It being immediately necessary for the p reservation
219215 of the public peace, health or safety, an emergency is hereby
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247242 declared to exist, by reason whereof this act shall take effect and
248243 be in full force from and after its passage and approval.
249-COMMITTEE REPORT BY: COMMITTEE ON ADMI NISTRATIVE RULES
250-February 28, 2024 - DO PASS AS AMENDED BY CS
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245+59-2-3577 RD 2/28/2024 8:47:29 AM