Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB515 Compare Versions

Version 1 (Old)

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3	28
4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 59th Legislature (2023)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 515 By: Bergstrom of the Senate
7	37
8	38		and
9	39
10	40		Kendrix of the House
11	41
12	42
13	43
14	44
15	45		An Act relating to the Administrative Procedures Act;
16	46		amending 75 O.S. 2021, Sections 250.3, 253, 303.1,
17	47		307.1, 308, and 308.3, which relate to administrative
18	48		rule provisions and the Joint Committee on
19	49		Administrative Rules ; conforming language; deleting
20	50		definitions; directing certain submi ssions to chief
21	51		legislative officer of each chamber; modifying date
22	52		of submission for proposed permanent administrative
23	53		rules; repealing 75 O.S. 2021, Section 303a, which
24	54		relates to expedited rule repeal process; updating
25	55		statutory language; updating statutory reference; and
26	56		declaring an emergency.
27	57
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29	59
30	60
31		-	SUBJECT: Administrative Procedures Act
32		-
33	61		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
34		-
35	62		SECTION 1. AMENDATORY 75 O.S. 2021, Section 250.3, is
36	63		amended to read as follows:
37		-
38	64		Section 250.3. As used in the Administrative Procedure s Act:
39		-
40	65		1. “Administrative head” means an official or agency body
41	66		responsible pursuant to law for issuing final agency orders;
42		-
43	67		2. “Adopted” means a proposed emergency rule which has been
44	68		approved by the agency but has not been approved or disapproved by
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45	96		the Governor as an emergency rule as provided b y Section 253 of this
46	97		title, or a proposed perm anent rule which has been approved by the
47		-
48		-	ENR. S. B. NO. 515 Page 2
49	98		agency and not disapproved by the Governor pursuant to p aragraph 6
50	99		of subsection A of Section 303 of this title, but has not been
51	100		finally approved or disapproved by th e Legislature or the Governor;
52		-
53	101		3. “Agency” includes but is not limited to any constitutionally
54	102		or statutorily created state board, bureau, commi ssion, office,
55	103		authority, public trust in which the state is a be neficiary, or
56	104		interstate commission, except:
57		-
58	105		a. the Legislature or any branch, committee or o fficer
59	106		thereof, and
60		-
61	107		b. the courts;
62		-
63	108		4. “Concurrent majority” means a majority of members on the
64	109		Joint Committee on Administrative Rules from both the Oklahoma
65	110		Senate and the Oklahoma House of Representatives;
66		-
67	111		5. “Emergency rule” means a rule that is made pursuant to
68	112		Section 253 of this title;
69		-
70	113		6. “Expedited repeal” means the procedure utilized by a ru le-
71	114		making agency as specified in Section 9 of this act;
72		-
73	115		7. 5. “Final rule” or “finally adopted rule ” means a rule other
74	116		than an emergency rule, which has not been published pursuant to
75	117		Section 255 of this title but is otherwise in compliance with the
76	118		requirements of the Administrative Procedures Act, and is:
77	119
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78	146		a. approved by the Legislature pursuant to Section 308.3
79	147		of this title, provided that any such joint re solution
80	148		becomes law in accordance with Section 11 of Article
81	149		VI of the Oklahoma Constitution,
82		-
83	150		b. approved by the Governor pursuant to subsection C of
84	151		Section 308.3 of this title,
85		-
86	152		c. approved by a joint resolu tion pursuant to subsection
87	153		B of Section 308 of this title, provided that any such
88	154		resolution becomes law in accordance with Section 11
89	155		of Article VI of the Oklahoma Constitution, or
90		-
91		-
92		-	ENR. S. B. NO. 515 Page 3
93	156		d. disapproved by a joint r esolution pursuant to
94	157		subsection B of Section 308 of this title or Section
95	158		308.3 of this title, which has been vetoed by the
96	159		Governor in accordance with Section 11 of Article VI
97	160		of the Oklahoma Constitution and the veto has not been
98	161		overridden;
99		-
100	162		8. 6. “Final agency order” means an order that includes
101	163		findings of fact and conclusions of law pursuan t to Section 312 of
102	164		this title, is dispositive of an individual proceeding unless there
103	165		is a request for rehearing, reopening, or reconsideration pursuant
104	166		to Section 317 of this title and which is subject to j udicial
105	167		review;
106		-
107	168		9. 7. “Hearing examiner” means a person meeting the
108	169		qualifications specified by Article II of the Administrative
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109	197		Procedures Act and who h as been duly appointed by an agency to hold
110	198		hearings and, as required, render orders or proposed order s;
111		-
112	199		10. 8. “Individual proceeding” means the formal process
113	200		employed by an agency having jurisdiction by law to resolve issues
114	201		of law or fact between parties and which results in the exercise of
115	202		discretion of a judicial nature;
116		-
117	203		11. 9. “License” includes the whole or part of any agency
118	204		permit, certificate, approval, registration, charter, or similar
119	205		form of permission required by law;
120		-
121	206		12. 10. “Office” means the Office of the Secretary of State;
122		-
123	207		13. 11. “Order” means all or part of a formal or official
124	208		decision made by an agency including but not limit ed to final agency
125	209		orders;
126		-
127	210		14. 12. “Party” means a person or agency named and
128	211		participating, or properly seeking and entitle d by law to
129	212		participate, in an individ ual proceeding;
130		-
131	213		15. 13. “Permanent rule” means a rule that is made pursuant to
132	214		Section 303 of this title;
133		-
134		-
135		-	ENR. S. B. NO. 515 Page 4
136	215		16. 14. “Person” means any individual, partnership,
137	216		corporation, association, governmental subdivision, or public or
138	217		private organization of any cha racter other than an agency;
139		-
140	218		17. 15. “Political subdivision” means a county, city,
141	219		incorporated town or school district within this state;
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143	247		18. 16. “Promulgated” means a finally adopted rule which has
144	248		been filed and published in acco rdance with the provis ions of the
145	249		Administrative Procedures Act, or an emergency rule or preemptive
146	250		rule which has been approved by the Governor;
147		-
148	251		19. 17. “Rule” means any agency statement or group of related
149	252		statements of general applicability and future effe ct that
150	253		implements, interprets or prescribes law or policy, or d escribes the
151	254		procedure or practice requirements of the agency. The term “rule”
152	255		rule includes the amendment or revocation of an effective rule but
153	256		does not include:
154		-
155	257		a. the issuance, renewal, denial , suspension or
156	258		revocation or other sanction of an individu al specific
157	259		license,
158		-
159	260		b. the approval, disapproval or prescription of rates.
160	261		For purposes of this subparagraph, the term “rates”
161	262		shall not include fees or charges fixed by an agency
162	263		for services provided by that agency including but not
163	264		limited to fees charged for licensing, permitting,
164	265		inspections or publi cations,
165		-
166	266		c. statements and memoranda concerning only the internal
167	267		management of an agency and not affecting private
168	268		rights or procedures availabl e to the public,
169		-
170	269		d. declaratory rulings issued pursuant to Section 307 of
171	270		this title,
172	271
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173	298		e. orders by an agency, o r
174		-
175	299		f. press releases or “agency news releases ”, provided
176	300		such releases are not for the purpose of interpreting,
177	301		implementing or prescribing law or agency policy;
178		-
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180		-
181	302		20. 18. “Rulemaking” means the process emp loyed by an agency
182	303		for the formulation of a rule;
183		-
184	304		21. 19. “Secretary” means the Secretary of State;
185		-
186	305		22. 20. “Small business” means a for-profit enterprise
187	306		consisting of fifty or fewer full -time or part-time employees; and
188		-
189	307		23. 21. “Technical legal defect ” means an error that would
190	308		otherwise invalidate an action by a court of law.
191		-
192	309		SECTION 2. AMENDATORY 75 O.S. 2021, Section 253, is
193	310		amended to read as follows:
194		-
195	311		Section 253. A. 1. If an agency finds that a rule is
196	312		necessary as an emergency measure, the rule may be promulgated
197	313		pursuant to the provisions of this section, if the rule is first
198	314		approved by the Governor. The Governor shall not approve the
199	315		adoption, amendment, revision or rev ocation of a rule as an
200	316		emergency measure unle ss the agency submits substantial evidence
201	317		that the rule is necessary as an emergency measure to do any of the
202	318		following:
203		-
204	319		a. protect the public health, safety or welfare,
205		-
206	320		b. comply with deadlines in amendments to an agency’s
207	321		governing law or federal progra ms,
208	322
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209	349		c. avoid violation of federal law or regulation or other
210	350		state law,
211		-
212	351		d. avoid imminent reduction to the agency ’s budget, or
213		-
214	352		e. avoid serious prejudice to the public in terest.
215		-
216	353		As used in this subsection, “substantial evidence” shall mean
217	354		credible evidence which is of sufficient quality and probative value
218	355		to enable a person of reasonable caution to support a conclusion.
219		-
220	356		2. In determining whether a rule is necessary as a n emergency
221	357		measure, the Governor shall consider whether the emergency situation
222		-
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224	358		was created due to the agency’s delay or inaction and cou ld have
225	359		been averted by timely compliance with the provisions of this
226	360		chapter.
227		-
228	361		B. An emergency rule adopted by an age ncy shall:
229		-
230	362		1. Be prepared in the format required by Section 251 of this
231	363		title;
232		-
233	364		2. a. Include an impact statement which meets the
234	365		requirements set forth in subparagraph b of this
235	366		paragraph unless the Governor waives the requirement
236	367		in writing upon a findin g that the rule impact
237	368		statement or the specified contents thereof are
238	369		unnecessary or contrary to the public interest.
239		-
240	370		b. The rule impact statement shall include, but not be
241	371		limited to:
	372	+	(1) a brief description of the proposed rule,
242	373
243		-	(1) a brief description of the proposed rule,
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245	400		(2) a description of the persons who most likely will
246	401		be affected by the proposed rule, including
247	402		classes that will bear the costs of the proposed
248	403		rule, and any information on cost impacts
249	404		received by the agency from any private or public
250	405		entities,
251		-
252	406		(3) a description of the classe s of persons who will
253	407		benefit from the proposed rule,
254		-
255	408		(4) a description of the probabl e economic impact of
256	409		the proposed rule upon affected classes of
257	410		persons or political subdivisions, including a
258	411		listing of all fee changes and, whenever
259	412		possible, a separate justification for each fee
260	413		change,
261		-
262	414		(5) the probable costs and benefits to the agenc y and
263	415		to any other agency of the implementation and
264	416		enforcement of the proposed rule, and any
265	417		anticipated effect on state revenues, including a
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268	418		projected net loss or gain in such revenues if it
269	419		can be projected by the agency,
270		-
271	420		(6) a determination of whether implementation of the
272	421		proposed rule may have an adv erse economic effect
273	422		on small business as provided by the Oklahoma
274	423		Small Business Regulatory Flexibility Act,
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276	451		(7) an explanation of the measures the agency ha s
277	452		taken to minimize compliance costs and a
278	453		determination of whether there are less costly or
279	454		nonregulatory methods or less intrusive methods
280	455		for achieving the purpose of the proposed rule,
281		-
282	456		(8) a determination of the effect of the proposed
283	457		rule on the public health, safety, and
284	458		environment and, if the proposed rule is designed
285	459		to reduce significant risks to the public health,
286	460		safety, and environment, an explanation of the
287	461		nature of the risk and to what extent the
288	462		proposed rule will reduce the risk,
289		-
290	463		(9) a determination of any detrimental effect on the
291	464		public health, safety, and environment if the
292	465		proposed rule is not implemented, and
293		-
294	466		(10) the date the rule impact statement was prepared
295	467		and if modified, the date modified.
296		-
297	468		c. The rule impact statement shall be p repared on or
298	469		before the date the emergency ru le is adopted;
299		-
300	470		3. Be transmitted pursuant to Section 4 64 of Title 74 of the
301	471		Oklahoma Statutes to the Governor, the Speaker of the Oklahoma House
302	472		of Representatives, the Pre sident Pro Tempore of the Senate , and the
303	473		chairs of the Joint Committee on Administ rative Rules chief
304	474		legislative officer of each chamb er, along with the information
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305	502		required by this subsection within ten (10) days after the rule is
306	503		adopted; and
307		-
308	504		4. Not be invalidated on the ground that th e contents of the
309	505		rule impact statement are insuf ficient or inaccurate.
310		-
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312		-
313	506		C. 1. Within forty -five (45) calendar days of receipt of a
314	507		proposed emergency rule filed with the Governor, the Speaker of the
315	508		Oklahoma House of Representatives, the President Pro Te mpore of the
316	509		Senate, and the chairs of the Joint Committee on Administrative
317	510		Rules chief legislative officer of each chamber, the Governor shall
318	511		review the demonstration of emergency pursuant to subsection A of
319	512		this section, and shall separately review the rule in accordance
320	513		with the standards prescribed in paragraph 3 of this subsection.
321		-
322	514		2. Prior to approval of emergency rules, the Governor shall
323	515		submit the emergency rule to the Secretary of State for review of
324	516		proper formatting.
325		-
326	517		3. If the Governor deter mines the agency has established the
327	518		rule is necessary as an emergency measure pursuant to subsection A
328	519		of this section, the Governor shall approve the proposed emergency
329	520		rule if the rule is:
330		-
331	521		a. clear, concise, and understandable,
332		-
333	522		b. within the power of th e agency to make and within the
334	523		enacted legislative standards, and
335		-
336	524		c. made in compliance with the requi rements of the
337	525		Administrative Procedures Act.
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338	552
339	553		D. 1. Within the forty -five-calendar-day period set forth in
340	554		paragraph 1 of subsection C of this section, the Governor may
341	555		approve the emergency rule or d isapprove the emergency rule.
342	556		Failure of the Governor to approve an emergency rule within the
343	557		specified period shall constitute disapproval of the emergency rule.
344		-
345	558		2. If the Governor disapproves the adopted emergency rule, the
346	559		Governor shall return the en tire document to the agency with reasons
347	560		for the disapproval. If the agency elects to modify the rule, the
348	561		agency shall adopt the modifications, and shall file the modified
349	562		rule in accordance with the requi rements of subsection B of this
350	563		section.
351		-
352	564		3. Upon disapproval of an emergency rule, the Governor shall,
353	565		within fifteen (15) days, make written notification to the Speaker
354		-
355		-	ENR. S. B. NO. 515 Page 9
356	566		of the House of Representatives, the President Pro Tempore of the
357	567		Senate, the chairs of the Joint Committee on Administrative Rules
358	568		chief legislative officer of each chamber, and the Office of
359	569		Administrative Rules.
360		-
361	570		E. 1. Upon approval of an emergency rule, the Governor shall
362	571		immediately make written notification to the agency, the Speake r of
363	572		the House of Representatives, the President Pro Tempore of the
364	573		Senate, the chairs of the Joint Committee on Administrative Rules
365	574		chief legislative officer of each chamber, and the Office of
366	575		Administrative Rules. Upon receipt of the notice of the appr oval,
367	576		the agency shall file with the Office of Ad ministrative Rules a s
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368	604		many copies of the notice of app roval and the emergency rule as
369	605		required by the Secretary.
370		-
371	606		2. Emergency rules shall be subject to legislative review
372	607		pursuant to Section 308 of this tit le.
373		-
374	608		3. The emergency rule shall be published in accordance with the
375	609		provisions of Section 255 of this title in “The Oklahoma Register”
376	610		following the approval by the Governor. The Governor ’s approval and
377	611		the approved rules shall be retained as official re cords by the
378	612		Office of Administrative Rules.
379		-
380	613		F. 1. Upon approval by the Governor, an emergency rule s hall
381	614		be considered promulgated and shall be in force immediately, or on
382	615		such later date as specified therein. An emergency rule shall only
383	616		be applied prospectively from its effective date.
384		-
385	617		2. Except as otherwise provided in this subsection, the
386	618		emergency rule shall remain in full force and effect through the
387	619		first day of the next succeeding regular session of the Legislature
388	620		following promulgation of suc h emergency rule until September 14
389	621		following such session, unless it is made ineffective pursuant to
390	622		subsection H of this section.
391		-
392	623		G. No agency shall adopt any emergency rule which establishes
393	624		or increases fees, except during such times as the Legislatur e is in
394	625		session, unless specifically mandated by the Legislature or f ederal
395	626		legislation, or when the fa ilure to establish or increase fees would
396	627		conflict with an order issued by a court of law.
397	628
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398	654
399		-	ENR. S. B. NO. 515 Page 10
400	655		H. 1. If an emergency rule is of a continuing nature, the
401	656		agency promulgating such emergency rule shall initi ate proceedings
402	657		for promulgation of a permanent rule p ursuant to Sections 303
403	658		through 308.2 of this title. If an emergency rule is superseded by
404	659		another emergency rule prior to the enactment of a permanent rule,
405	660		the latter emergency rule shall retain the same expiration date as
406	661		the superseded emergency rule, unless otherwise authorized by the
407	662		Legislature.
408		-
409	663		2. Any promulgated emergency rule shall be made ineffective if:
410		-
411	664		a. disapproved by the Legislature,
412		-
413	665		b. superseded by the promulgation of permanent rules,
414		-
415	666		c. any adopted rules based upon such emergency rules are
416	667		subsequently disapproved pursuant to Section 308 of
417	668		this title, or
418		-
419	669		d. an earlier expiration date is specified by the agency
420	670		in the rules.
421		-
422	671		3. a. Emergency rules in effect on the first day of the
423	672		session shall be null an d void on September 15
424	673		following sine die adjournment of the Legislature
425	674		unless otherwise specifically provided by the
426	675		Legislature.
427		-
428	676		b. Unless otherwise authorized by the Legislature, an
429	677		agency shall not adopt any emergency rule, which h as
430	678		become null and void pursuant to subparagraph a of
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431	706		this paragraph, as a new emergency rule or adopt any
432	707		emergency rules of similar scope or intent as the
433	708		emergency rules which became null and void pursuan t to
434	709		subparagraph a of this paragraph.
435		-
436	710		I. Emergency rules shall not become effective unless approved
437	711		by the Governor pursuant to the provisions of this section.
438		-
439	712		J. 1. The requirements of Section 303 of this title relating
440	713		to notice and hearing shall not be applicable to emergency rules
441	714		promulgated pursuant to the provisi ons of this section. Provided ,
442		-
443		-	ENR. S. B. NO. 515 Page 11
444	715		this shall not be construed to prevent an abbreviated notice and
445	716		hearing process determined to be necessary by an agency.
446		-
447	717		2. The rule report required pursu ant to Section 303.1 of this
448	718		title shall not be applicable to emergen cy rules promulgated
449	719		pursuant to the provisions of this section. Provided, this shall
450	720		not be construed to prevent an agency from complying with such
451	721		requirements at the discretion of such agency.
452		-
453	722		3. The statement of submission requir ed by Section 303.1 of
454	723		this title shall not be applicabl e to emergency rules promulgated
455	724		pursuant to the provisions of this section.
456		-
457	725		K. Prior to approval or disapproval of an emergency rule by the
458	726		Governor, an agency may withdraw from review an emergency rule
459	727		submitted pursuant to the provisions of this sectio n. Notice of
460	728		such withdrawal shall be given to the Governor, the Speaker of the
461	729		House of Representatives, the President Pro Tempore of the Senate in
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462	757		accordance with the requirements set forth in Sect ion 464 of Title
463	758		74 and to the Office of Administrative Rules as required by the
464	759		Secretary. In order to be promulgated as emergency rules, any
465	760		replacement rules shall be resubmitted pursuant to the provisions of
466	761		this section.
467		-
468	762		L. Upon completing the requi rements of this sectio n, an agency
469	763		may promulgate a prop osed emergency rule. No emergency rule is
470	764		valid unless promulgated in substantial compliance with the
471	765		provisions of this section.
472		-
473	766		M. Emergency rules ad opted by an agency or approved by the
474	767		Governor shall be subject to re view pursuant to the provisions of
475	768		Section 306 of this title.
476		-
477	769		SECTION 3. AMENDATORY 75 O.S. 2021, Section 303.1, is
478	770		amended to read as follows:
479		-
480	771		Section 303.1. A. Within ten (10) days after adoption of a
481	772		permanent rule, the agenc y shall file two copies of the fol lowing
482	773		with the Governor, the Speaker of the House of Representatives, the
483	774		President Pro Tempore of the Senate , and the chairs of the Joint
484	775		Committee on Administrative Rules chief legislative officer of each
485	776		chamber: all such new rules or amendments; revi sions or revocations
486		-
487		-	ENR. S. B. NO. 515 Page 12
488	777		to an existing rule proposed by an agency; a nd the agency rule
489	778		report as required by subsection E of this section.
490		-
491	779		B. If the agency determines in the rule impact statement
492	780		prepared as part of the agen cy rule report that the proposed r ule
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493	808		will have an economic impact on any political subdivisions or
494	809		require their cooperation in implementing or enforcing a proposed
495	810		permanent rule, a cop y of the proposed rule and rule report shall be
496	811		filed within ten (10) days after adoption of the perman ent rule with
497	812		the Oklahoma Advisory Committee on Intergovernmenta l Relations for
498	813		its review. The Committee may communicate any recommendations that
499	814		it may deem necessary to the Governor, the Speaker of the House of
500	815		Representatives, and President Pro Tempo re of the Senate during the
501	816		period that the permanent rules are be ing reviewed.
502		-
503	817		C. When the rules have been submitted to the Governor, the
504	818		Speaker of the House of Representatives, the President Pro T empore
505	819		of the Senate, and chairs of the Joint Committee on Administrative
506	820		Rules the chief legislative officer of each chamber , the agency
507	821		shall also submit to the Office of Administrative Rules for
508	822		publication in “The Oklahoma Register”, a statement that t he adopted
509	823		rules have been submitted to the Governor and the Legislature.
510		-
511	824		D. The text of the adopted rules shall be submitted to the
512	825		Governor, the Speaker of the House of Representatives, and the
513	826		President Pro Tempore of the Senate in the same format as r equired
514	827		by the Secretary pursuant to Section 251 of this title.
515		-
516	828		E. The report required by subsection A of this se ction shall
517	829		include:
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518	856
519	857		1. The date the notice of the inte nded rulemaking action was
520	858		published in “The Oklahoma Register” pursuant to Section 25 5 of this
521	859		title;
522		-
523	860		2. The name and address of the agency;
524		-
525	861		3. The title and number of the rule;
526		-
527	862		4. A citation to the constitutional or statutory authority for
528	863		the rule;
529		-
530		-
531		-	ENR. S. B. NO. 515 Page 13
532	864		5. The citation to any federal or state law, court ruling, or
533	865		any other authority requ iring the rule;
534		-
535	866		6. A statement of the gist of the rule or a brief summary of
536	867		the content of the adopted rule;
537		-
538	868		7. A statement explaining the need for the adopted rule;
539		-
540	869		8. The date and location of the meeting , if held, at which such
541	870		rules were adopted or the date and location wh en the rules were
542	871		adopted if the rulemaking agency is not required to hold a meeting
543	872		to adopt rules;
544		-
545	873		9. A summary of the comments and explanation of changes or lack
546	874		of any change made in the adopted rules as a result of testimony
547	875		received at all hearings or meetings held or sponsored by an agency
548	876		for the purpose of providing the public an oppo rtunity to comment on
549	877		the rules or of any written commen ts received prior to the adoption
550	878		of the rule. The summary shall include all comments received about
551	879		the cost impact of the proposed rules;
552	880
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553	907		10. A list of persons or organizations who appeared or
554	908		registered for or against the adopted rule at any public he aring
555	909		held by the agency or those who h ave commented in writing before or
556	910		after the hearing;
557		-
558	911		11. A rule impact statement if required pursuant to Section 303
559	912		of this title;
560		-
561	913		12. An incorporation by re ference statement if the rule
562	914		incorporates a set of rule s from a body outside the state, such a s a
563	915		national code;
564		-
565	916		13. The members of the gove rning board of the agenc y adopting
566	917		the rules and the rec orded vote of each member;
567		-
568	918		14. The proposed effective dat e of the rules, if an effective
569	919		date is required pursuan t to paragraph 1 of subsection B of Sec tion
570	920		304 of this title; and
571		-
572	921		15. Any other information requested by the Governor, the
573	922		Speaker of the House of Representatives, or the President Pro
574		-
575		-	ENR. S. B. NO. 515 Page 14
576	923		Tempore of the Senate or the Joint Committee on Administrative
577	924		Rules.
578		-
579	925		SECTION 4. AMENDATORY 75 O.S. 2021, Section 307.1, is
580	926		amended to read as follows:
581		-
582	927		Section 307.1. A. The Speaker of the House of Representatives
583	928		and the President Pro Tempore of the Senate shall may establish a
584	929		joint rule committee to be designated as the Joint Committee on
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585	957		Administrative Rules or designated standing committee of each such
586	958		house to review administrati ve rules.
587		-
588	959		B. The President Pro Tempore and the Speaker shall appoint
589	960		current members of the Senate and House of Representatives to the
590	961		Committee. The Presid ent Pro Tempore and Speaker shall designate
591	962		one of their respective appointments as co -chair of the Committee.
592		-
593	963		C. A quorum shall be required to conduct any business of the
594	964		Committee. A quorum shall be a majority of the Senate members of
595	965		the Committee and a majority of the House members of the Commit tee.
596		-
597	966		D. The Committee shall Such committees may meet as needed and
598	967		during sessions of the Legislature and at regular intervals in the
599	968		interim.
600		-
601	969		E. C. The function of the Committee committees shall be the
602	970		review of all adopted agency administrative rules including
603	971		recommending by concurrent majority an appr oval or disapproval of
604	972		each proposed rule to the Legislature. The Committee may also
605	973		recommend by concurrent majority an agency amend or further consider
606	974		a proposed rule and the promotion of adequate and proper rules by
607	975		agencies. Each committee may review all adopted rules and such
608	976		other rules the committee deems a ppropriate and may m ake
609	977		recommendations concerning such rules to its respective house of the
610	978		Legislature, or to the agency adopting the rule, or to both its
611	979		respective house of the Le gislature and the agency.
612	980
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613	1007		F. The Committee shall approve or disapprove by concurrent
614	1008		majority a repeal of rules under the expedited r epeal process
615	1009		pursuant to this act. Such rules shall be presented to the
616	1010		Legislature for final approval for repeal.
617		-
618		-
619		-	ENR. S. B. NO. 515 Page 15
620	1011		G. D. In addition to the review of agency-adopted rules
621	1012		pursuant to this act, the Committee committees shall have the power
622	1013		and duty to:
623		-
624	1014		1. Conduct a continuous study and investigations as to whether
625	1015		additional legislation or changes in legislation are needed based on
626	1016		various factors, including but not limited to, review of proposed
627	1017		rules, review of existing rules including but not limited to
628	1018		consideration of amendments to or repeal of existing rules, the lack
629	1019		of rules, the ability of agencies to promulgate such rules, t he
630	1020		burden of administrative rules on the regulated community and the
631	1021		needs of administrative agencies;
632		-
633	1022		2. Conduct a continuous study of the rulemaking process of all
634	1023		state agencies including those agenci es exempted by Section 250.4 of
635	1024		this title for the p urpose of improving the rulemaking process;
636		-
637	1025		3. Conduct such other studies and i nvestigations relating to
638	1026		rules as may be determined to b e necessary by the Committee; and
639		-
640	1027		4. Monitor and investigate compl iance of agencies with the
641	1028		provisions of the Adminis trative Procedures Act, make periodic
642	1029		investigations of the rulemaking activitie s of all agencies and
643	1030		evaluate and report on all rules in terms of their propriety, legal
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644	1058		adequacy, relation to constitution al or statutory authorization,
645	1059		economic and budgetar y effects and public policy.
646		-
647	1060		SECTION 5. AMENDATORY 75 O.S. 2021, Section 308, is
648	1061		amended to read as follows:
649		-
650	1062		Section 308. A. Upon receipt of any adopted proposed permanent
651	1063		rules, the Speaker of the House of Representatives and the President
652	1064		Pro Tempore of the Senate shall assign such rules to the Joint
653	1065		Committee on Administrative Rules appropriate committees of each
654	1066		house of the Legislature for review. Except as otherwise provi ded
655	1067		by this section:
656		-
657	1068		1. If such rules are received on or before April 1, the
658	1069		Legislature shall have until the last da y of the regular legislative
659	1070		session of that year to act on the recommendations of the Joint
660	1071		Committee on Administrative Rules review such rules. Provided,
661	1072		proposed permanent rules for cons ideration by the 2nd Session of the
662		-
663		-	ENR. S. B. NO. 515 Page 16
664	1073		59th Legislature shall be subm itted on or before March 1. For each
665	1074		legislative session thereafter, pr oposed permanent rules shall be
666	1075		submitted on or before Febr uary 1 of the given year; and
667		-
668	1076		2. If such rules are receive d after April 1 the date
669	1077		established pursuant to paragraph 1 of th is subsection, the
670	1078		Legislature shall have until the last day of the regu lar legislative
671	1079		session of the next year to act on the recommendations of the Joint
672	1080		Committee on Administrative Rules such rules.
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673	1107
674	1108		B. By the adoption of joint resolutions during the re view
675	1109		period specified in subsection A of this section, the Legislature
676	1110		may disapprove or approve any rule, and disapprove all or part of a
677	1111		rule or rules and disapprove or approve the repeal of rules under
678	1112		the expedited repeal process pursuant to this act . Rules under
679	1113		consideration at a meeting of the Joint Committee on Administra tive
680	1114		Rules during the interim may be acted upon by the Legisla ture at any
681	1115		time during session.
682		-
683	1116		C. Unless otherwise authorized by the Legislature, whenever a
684	1117		rule is disapproved as pro vided in subsection B of this section, the
685	1118		agency adopting such rules sh all not have authority to resubmit an
686	1119		identical rule, except d uring the first sixty (60) calendar days of
687	1120		the next regular legislative session. Any effective emergency rule
688	1121		which would have been superseded by a disapproved permanent rule
689	1122		shall be deemed null and void on the date the Legislature
690	1123		disapproves the perma nent rule. Rules may be disapproved in part or
691	1124		in whole by the Legislature. Upon enactment of any joint resolution
692	1125		disapproving a rule, the agency shall file notice of such
693	1126		legislative disapproval with the Secretary for publication in “The
694	1127		Oklahoma Register”.
695		-
696	1128		D. Unless otherwise provided by specific vote of the
697	1129		Legislature, joint resolutions introduced for purposes of
698	1130		disapproving or approving a rule or the omnibus joint resolution
699	1131		described in Section 308.3 of this title shall not be subject to
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700	1159		regular legislative cutoff dates, shall be limited to such
701	1160		provisions as may be necessary for disapproval or approval of a
702	1161		rule, and any such other direction or mandate regarding the rule
703	1162		deemed necessary by the Legislature. The resolution shall contain
704	1163		no other provisions.
705		-
706		-
707		-	ENR. S. B. NO. 515 Page 17
708	1164		E. A proposed permanent rule shall be d eemed finally adopted
709	1165		if:
710		-
711	1166		1. Approved by the Legislature pursuant to Section 6 of this
712	1167		act 308.3 of this title, provided that any such joint resolution
713	1168		becomes law in accordance with Section 11 o f Article VI of the
714	1169		Oklahoma Constitution;
715		-
716	1170		2. Approved by a joint resolution pursuant to subsection B of
717	1171		this section, provided t hat any such resolution becomes law in
718	1172		accordance with Section 11 of Article VI of th e Oklahoma
719	1173		Constitution; or
720		-
721	1174		3. Disapproved by a joint resolution pursuant to subsection B
722	1175		of this section or Section 308.3 of this title which has been vetoed
723	1176		by the Governor in accordance with Section 11 of Article VI of the
724	1177		Oklahoma Constitution and the veto has not been overridden.
725		-
726	1178		F. Prior to final adoption of a rule, an agency may withdraw a
727	1179		rule from legislative review. Notice of such withdrawal shall be
728	1180		given to the Governor, the Speaker of the House of Representatives,
729	1181		the President Pro Tempore o f the Senate, and to the Secretary for
730	1182		publication in “The Oklahoma Register ”.
731	1183
	1184	+	SB515 HFLR Page 24
	1185	+	BOLD FACE denotes Committee Amendments. 1
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732	1210		G. An agency may prom ulgate an emergency rule only pursuant to
733	1211		Section 253 of this title.
734		-
735	1212		H. Any rights, privileges, or interests gained by any person by
736	1213		operation of an emerg ency rule, shall not be affected by reaso n of
737	1214		any subsequent disapproval or rejection of such rule by either house
738	1215		of the Legislature.
739		-
740	1216		SECTION 6. AMENDATORY 75 O.S. 2021, Section 308.3, is
741	1217		amended to read as follows:
742		-
743	1218		Section 308.3. A. The Legislature shall have joint r esolutions
744	1219		prepared for consideration each session.
745		-
746	1220		B. For the purpose of this section, a proposed permanent rule
747	1221		may be disapproved, in whole or in part, in a joint r esolution
748	1222		considered by the Legislature.
749		-
750		-
751		-	ENR. S. B. NO. 515 Page 18
752	1223		C. If any rule received on or before April 1 the date
753	1224		established pursuant to paragraph 1 of subsection A of Section 308
754	1225		of this title is not subject to a joint resolution pass ed by both
755	1226		houses of the Legislature and signed by the Governor or is found by
756	1227		the Governor to have a technical legal defect p reventing approval of
757	1228		administrative rules intended to be ap proved by the Legislature, the
758	1229		Governor may declare any rules received on or before April 1 and not
759	1230		subject to a joint resolution passed by both houses of the
760	1231		Legislature to be approved or disappr oved and finally adopted by
761	1232		publishing a single declaration in “The Oklahoma Register” on or
762	1233		before July 17. If the Governor find s that the joint resolution has
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	1235	+	SB515 HFLR Page 25
	1236	+	BOLD FACE denotes Committee Amendments. 1
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763	1261		a technical legal defect, the Governor shall make the finding in
764	1262		writing and submit the findin g to the Legislature.
765		-
766	1263		SECTION 7. REPEALER 75 O.S. 2021, Section 303a, is
767	1264		hereby repealed.
768		-
769	1265		SECTION 8. It being immediately necessary for the pr eservation
770	1266		of the public peace, health or safety, an emergency is hereby
771	1267		declared to exist, by reason whereof this act shall take eff ect and
772	1268		be in full force from and after its passage and approval.
773	1269
774		-
775		-	ENR. S. B. NO. 515 Page 19
776		-	Passed the Senate th e 16th day of February, 2023.
777		-
778		-
779		-
780		-	Presiding Officer of the Senate
781		-
782		-
783		-	Passed the House of Representatives the 18th day of April, 2023.
784		-
785		-
786		-
787		-	Presiding Officer of the House
788		-	of Representatives
789		-
790		-	OFFICE OF THE GOVERNOR
791		-	Received by the Office of the Governor this ____________________
792		-	day of ___________________, 20_______, at _______ o'clock _______ M.
793		-	By: _______________________________ __
794		-	Approved by the Governor of the State of Oklahoma this _____ ____
795		-	day of _________________ __, 20_______, at _______ o'clock ___ ____ M.
796		-
797		-	_________________________________
798		-	Governor of the State of Oklahoma
799		-
800		-
801		-	OFFICE OF THE SECRETARY OF STATE
802		-	Received by the Office of the Secretary of State this _______ ___
803		-	day of __________________, 20 _______, at _______ o'clock _______ M.
804		-	By: _______________________________ __
	1270	+	COMMITTEE REPORT BY: COMMITTEE ON ADMINISTRATIVE RULES, dated
	1271	+	04/06/2023 - DO PASS.