Oklahoma 2025 Regular Session

Oklahoma Senate Bill SB318 Compare Versions

Version 1 (Old)

Version 2 (New)

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29		-	SENATE FLOOR VERSION
30		-	March 5, 2025
	28	+	STATE OF OKLAHOMA
31	29
	30	+	1st Session of the 60th Legislature (2025)
32	31
33	32		COMMITTEE SUBSTITUTE
34	33		FOR
35		-	SENATE BILL NO. 318 By: Bergstrom, Jett, and
36		-	Deevers of the Senate
37		-
38		-	and
39		-
40		-	Kendrix and Woolley of the
41		-	House
	34	+	SENATE BILL 318 By: Bergstrom
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47		-	[ administrative rule processes - duties - procedures
48		-	- consultation - information - Unit - reports -
49		-	cooperation - evaluation of rules - report - approval
50		-	- permanent rules - noncodification - codification -
51		-	effective date ]
	40	+	COMMITTEE SUBSTITUTE
	41	+
	42	+	An Act relating to administrative rule processes;
	43	+	creating the Regulations from the Executive in Need
	44	+	of Scrutiny (REINS) Act of 2025; providing short
	45	+	title; defining terms; imposing duties on agencies
	46	+	with respect to rules; prescribing procedures;
	47	+	requiring economic analysis; requiring consultation
	48	+	with political subdivisions; requiring solicitation
	49	+	of information from certain entities; establishing
	50	+	the Legislative Economic Analysis Unit within the
	51	+	Legislative Office of Fiscal Transparency; imposing
	52	+	duties with respect to analysis of rules; prescribing
	53	+	limit on full-time-equivalent employees; requiring
	54	+	independent analysis; requiring reports; requiring
	55	+	cooperation by state agencies; providing for
	56	+	evaluation of rules at request of certain officials;
	57	+	requiring public availability of information;
	58	+	requiring annual report; requiring quantification of
	59	+	certain results; prohibiting certain rule from taking
	60	+	effect without specific approval pursuant to
	61	+	legislative measure; amending 75 O.S. 2021, Section
	62	+	303.1, as amended by Section 3, Chapter 38, O.S.L.
	63	+	2023 (75 O.S. Supp. 2024, Section 303.1), which
	64	+	relates to adoption of permanent rules; updating
	65	+	statutory language; requiring delivery of physical
	66	+	copies of proposed rules to certain persons;
	67	+	providing for noncodification; providing for
	68	+	codification; and providing an effective date .
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57	74		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
58		-	SECTION 1. NEW LAW A new section of law not to be
59		-	codified in the Oklahoma Statutes reads as follows:
60		-	This act shall be known and may be cited as the “Regulations
61		-	from the Executive in Need of Scrutiny (REINS) Act of 2025 ”.
62		-	SECTION 2. NEW LAW A new section of law to be codified
63		-	in the Oklahoma Statutes as Section 601 of Title 75, unless there is
64		-	created a duplication in numbering, reads as follows:
65		-	As used in this act:
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	101	+	SECTION 1. NEW LAW A new section of law not to be
	102	+	codified in the Oklahoma Statutes reads as follows:
	103	+	This act shall be known and may be cited as the “Regulations
	104	+	from the Executive in Need of Scrutiny (REINS) Act of 2025”.
	105	+	SECTION 2. NEW LAW A new section of law to be codified
	106	+	in the Oklahoma Statutes as Section 601 of Title 75, unless there is
	107	+	created a duplication in numbering, reads as follows:
	108	+	As used in this act:
93	109		1. “Agency” means any officer, department, bureau, division,
94	110		board, commission, authority, agency, or institution of this state,
95	111		except the judicial and legislative branches, authorized by law to
96	112		promulgate rules and regulations concerning the administration,
97	113		enforcement, or interpretation of any law of this state;
98	114		2. “Implementation and compliance costs ” means direct costs
99	115		that are readily ascertainable based upon standard business
100	116		practices, including, but not limited to, fees, the cost to obtain a
101	117		license or registration, the cost of equipment required to be
102	118		installed or used, additional operating costs incurred, the cost of
103	119		monitoring and reporting, and any other costs to comply with the
104	120		requirements of the proposed rule or regulation; and
105	121		3. “Major rule” means any administrative rule, whether
106	122		emergency or permanent in nature, that over the initial five -year
107	123		period will result in or is likely to result in One Million Dollars
108	124		($1,000,000.00) or more in implementation and compliance costs that
109		-	are reasonably expected to be incurred by or passed along to
110		-	businesses, local government units, and individuals as a result of
111		-	the proposed rule or regulation following the adoption of such rule.
112		-	Any rule that does not meet this classification shall be deemed a
113		-	nonmajor rule.
114		-	SECTION 3. NEW LAW A new section of law to be codifie d
115		-	in the Oklahoma Statutes as Section 602 of Title 75, unless there is
116		-	created a duplication in numbering, reads as follows:
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	151	+	are reasonably expected to be incurred by or passed along to
	152	+	businesses, local government units, and individuals as a result of
	153	+	the proposed rule or regulation following the adoption of such rule.
	154	+	Any rule that does not meet this classification shall be deemed a
	155	+	nonmajor rule.
	156	+	SECTION 3. NEW LAW A new section of law to be codified
	157	+	in the Oklahoma Statutes as Section 602 of Title 75, unless there is
	158	+	created a duplication in numbering, reads as follows:
144	159		A. In addition to any other rule submission re quirements under
145	160		the Administrative Procedures Act, e ach state agency promulgating a
146	161		major rule shall provid e:
147	162		1. Whether the proposed rule or regulation is mandated by
148	163		federal law as a requirement for participating in or implementing a
149	164		federally subsidized o r assisted program and whether the proposed
150	165		rule or regulation exceeds the requirements of the applicable
151	166		federal law; and
152	167		2. An economic impact analysis specifically addressing the
153	168		following factors:
154	169		a. the rule’s economic impact, including any costs or
155	170		benefits and a detailed quantification of
156	171		implementation and compliance costs to be incurred by
157	172		specific businesses, business sectors, public utility
158	173		ratepayers, individuals, or local government units
159		-	that will be affected by the proposed rule or
160		-	regulation and on the state economy as a whole,
161		-	b. a detailed explanation of the methodol ogy and
162		-	assumptions used to determine the economic impact,
163		-	including the dollar amounts calculated,
164		-	c. an estimate of the total annual implementati on and
165		-	compliance costs that are reasonably expected to be
166		-	incurred by or passed along to business es, local
167		-	government units, or individuals and a determination
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	200	+	that will be affected by the proposed rule or
	201	+	regulation and on the state economy as a whole,
	202	+	b. a detailed explanation of the methodology and
	203	+	assumptions used to determine the economic impact,
	204	+	including the dollar amounts calculated,
	205	+	c. an estimate of the total annual implementation and
	206	+	compliance costs that are reasonably expected to be
	207	+	incurred by or passed along to business es, local
	208	+	government units, or indi viduals and a determination
195	209		of whether those costs will exceed One Million Dollars
196	210		($1,000,000.00) over the initial five -year period
197	211		following the adoption of the proposed rule or
198	212		regulation,
199	213		d. a statement of the need for the rule and the legal
200	214		basis supporting it,
201	215		e. any measures taken by the agency to minimize the cost
202	216		and impact of the proposed rule or regulation on
203	217		business and economic development w ithin this state,
204	218		on local government, and on individuals, and
205	219		f. a classification of the rule as major or nonmajor,
206	220		with a justification for the classification.
207	221		B. No agency shall submit a major rule or regulation to the
208	222		Secretary of State for filing wit hout completing an economic impact
209	223		analysis for the proposed rule or regulation and providing the
210		-	analysis to the Legislative Economic Analysis Unit created pursuant
211		-	to Section 4 of this act.
212		-	C. The agency shall consult with c ounties, municipalities, and
213		-	school boards, as appropriate, when preparing the economic impact
214		-	analysis of a proposed rule or regulation that increases or
215		-	decreases revenue of counties, cities, or school districts or
216		-	imposes functions or responsibilities on counties, cities, or school
217		-	districts that may increase their expenditures or fiscal liability.
218		-	The agency shall consult and solicit information from businesses,
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	250	+	analysis to the Legislative Economic Analysis Unit created pursuant
	251	+	to Section 4 of this act.
	252	+	C. The agency shall consult with counties, municipalities, and
	253	+	school boards, as appropriate, when preparing the economic impact
	254	+	analysis of a proposed rule or regulation that increases or
	255	+	decreases revenue of counties, cities, or school districts or
	256	+	imposes functions or responsibilities on counties, cities, or school
	257	+	districts that may increase their expenditures or fiscal liability.
	258	+	The agency shall consult and solicit information from businesses,
246	259		business associations, political subdivisions , state agencies, or
247	260		members of the public that may be affected by the prop osed rule or
248	261		regulation or that may provide relevant information.
249	262		SECTION 4. NEW LAW A new section of law to be codified
250	263		in the Oklahoma Statutes as Section 603 of Title 75, unless there is
251	264		created a duplication in numbering, reads as follows:
252	265		A. A Legislative Economic Analysis Unit (LEAU) shall be created
253	266		within the Legislative Office of Fiscal Transparency (LOFT) to
254	267		provide independent and reliable economic analysis and other
255	268		information relevant to the conduct of the Legislature ’s oversight
256	269		and legislative duties. The LEAU shall assist the Administrative
257	270		Rules Committee of each chamber in evaluating major rules proposed
258	271		by state agencies.
259	272		B. LOFT shall establish the LEAU within ninety (90) days of the
260	273		effective date of this act and may employ no more than five full -
261		-	time-equivalent employees (FTEs) to serve the LEAU and carry out the
262		-	functions of this section.
263		-	C. Within twenty-one (21) calendar days of receiving any
264		-	proposed rule or regulation, the LEAU shall conduct an independent
265		-	analysis to determine that the agency has complied with the
266		-	requirements set forth in Section 3 of this act . The LEAU will
267		-	assess whether the proposed rule or regulation will result in
268		-	implementation and compliance costs of more than One Million Dollars
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	300	+	time-equivalent employees (FTEs) to serve the LEAU and carry out the
	301	+	functions of this section.
	302	+	C. Within twenty-one (21) calendar days of receiving any
	303	+	proposed rule or regulation, the LEAU shall conduct an independe nt
	304	+	analysis to determine that the agency has complied with the
	305	+	requirements set forth in Section 3 of th is act. The LEAU will
	306	+	assess whether the proposed rule or regulation will result in
	307	+	implementation and compliance costs of more than One Million Dollar s
296	308		($1,000,000.00) over the initial five -year period after
297	309		implementation.
298	310		D. The LEAU shall:
299	311		1. Provide a report on each major rule or regulation to the
300	312		committees of jurisdiction by the end of the twenty -first calendar
301	313		day after the submission date of such major rule or regulation;
302	314		2. Inform the committee if the economic impact analysis from
303	315		the agency is incomplete or contains substantive inaccuracies ; and
304	316		3. Report to the Administrative Rules Committee of each
305	317		chamber.
306	318		E. State agencies shall cooper ate fully with the LEAU and the
307	319		Legislature in providing data or documentation necessary for
308	320		analysis, and conducting the analyses required under this act.
309	321		F. The President Pro Tempore of the Senate, Speaker of the
310	322		House of Representatives, and committee chair of the Administrative
311	323		Rules Committee of each chamber may also direct the LEAU to conduct
312		-	evaluations of existing provisions of the Oklahoma Administrative
313		-	Code.
314		-	G. The LEAU shall:
315		-	1. Make all analyses and determinations publicly available on
316		-	its website upon completion ; and
317		-	2. Submit an annual report summarizing the year ’s evaluations
318		-	and findings shall be electronically submitted to the President Pro
319		-	Tempore of the Senate and the Speaker of the House of
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	350	+	evaluations of existing provisions of the Oklahoma Administrative
	351	+	Code.
	352	+	G. The LEAU shall:
	353	+	1. Make all analyses and determinations publicly available on
	354	+	its website upon completion ; and
	355	+	2. Submit an annual report summarizing the year ’s evaluations
	356	+	and findings shall be electronically submitted to the President Pro
	357	+	Tempore of the Senate and the Speaker of the House of
347	358		Representatives and published on LOFT’s website. Within the annual
348	359		report, the LEAU shall quantify the impact of its work, including
349	360		reductions in regulations, cost savings, and other measurable
350	361		benefits to the economy.
351	362		SECTION 5. NEW LAW A new section of law to be codified
352	363		in the Oklahoma Statutes as Section 604 of Title 75, unless there is
353	364		created a duplication in numbering, reads as follows:
354	365		A major rule shall not take effect unless specifically approved
355	366		by the Legislature through a joint resolution receiving a
356	367		constitutional majority in each chamber.
357	368		SECTION 6. AMENDATORY 75 O.S. 2021, Section 303 .1, as
358	369		amended by Section 3, Chapter 38, O.S.L. 2023 (75 O.S. Supp. 2024,
359	370		Section 303.1), is amended to read as follows:
360	371		Section 303.1. A. Within ten (10) days after adoption of a
361	372		permanent rule, the agency shall file two copies of the following
362	373		with the Governor, the Speaker of the House of Representatives, the
363		-	President Pro Tempore of the Senate, and the chief legislative
364		-	officer chair of the Administrative Rules Committee of each chamber:
365		-	all such new rules or amendments; revis ions or revocations to an
366		-	existing rule proposed by an agency; and the agency rule report as
367		-	required by subsection E of this section.
368		-	B. If the agency determines in the rule impact statement
369		-	prepared as part of the agency rule report that the any proposed
370		-	rule will have an economic impact on any political subdivisions or
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	400	+	President Pro Tempore of the Senate, and the chief legislative
	401	+	officer chair of the Administ rative Rules Committee of each chamber:
	402	+	all such new rules or amendments; revisions or revocations to a n
	403	+	existing rule proposed by an agency; and the agency rule report as
	404	+	required by subsection E of this section.
	405	+	B. If the agency determines in the rule impact statement
	406	+	prepared as part of the agency rule report that the any proposed
	407	+	rule will have an economic impact on any political subdivisions or
398	408		require their cooperation in implementing or enforcing a proposed
399	409		permanent rule, a copy of the proposed ru le and rule report shall be
400	410		filed within ten (10) days after adoption of the permanent rule with
401	411		the Oklahoma Advisory Committee on Intergovernmental Relations for
402	412		its review. The Committee may communicate any recommendations that
403	413		it may deem necessary to the Governor, the Speaker of the House of
404	414		Representatives, and President Pro Tempore of the Senate during the
405	415		period that the permanent rules are being reviewed.
406	416		C. When the rules have been any rule is submitted to the
407	417		Governor, the Speaker of the House of Representatives, the President
408	418		Pro Tempore of the Senate, and the chief legislative officer chair
409	419		of the Administrative Rules Committee of each chamber, the agency
410	420		shall also submit to the Office of Administrative Rules for
411	421		publication in “The Oklahoma Register”, a statement that the adopted
412	422		rules have rule has been submitted to the Governor and the
413	423		Legislature.
414		-	D. The text of the adopted rules rule shall be submitted to the
415		-	Governor, the Speaker of the House of Representati ves, and the
416		-	President Pro Tempore of the Senate in the same format as required
417		-	by the Secretary pursuant to Section 251 of this title. The text of
418		-	the adopted rule shall be submitted to the President Pro Tempore of
419		-	the Senate, the Speaker of the House of Representatives, and the
420		-	chair of the Administrative Rules Committee of each chamber in
421		-	physical, spiral-bound copies.
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	450	+	D. The text of the adopted rules rule shall be submitted to the
	451	+	Governor, the Speaker of the House of Representatives, and the
	452	+	President Pro Tempore of the Senate in the same format as required
	453	+	by the Secretary pursuant to Section 251 of this titl e. The text of
	454	+	the adopted rule shall be submitted to the President Pro Tempore of
	455	+	the Senate, the Speaker of the House of Representatives, and the
	456	+	chair of the Administrative Rules Committee of each chamber in
	457	+	physical, spiral-bound copies.
449	458		E. The report required by subsection A of this section shall
450	459		include:
451	460		1. The date the notice of the intended rulemaking action was
452	461		published in “The Oklahoma Register” pursuant to Section 255 of this
453	462		title;
454	463		2. The name and address of the agency;
455	464		3. The title and nu mber of the rule;
456	465		4. A citation to the constitutional or statutory authority for
457	466		the rule;
458	467		5. The citation to any federal or state law, court ruling, or
459	468		any other authority requiring the rule;
460	469		6. A statement of the gist of the rule or a brief summary of
461	470		the content of the adopted rule;
462	471		7. A statement explaining the need for the adopted rule;
463	472		8. The date and location of the meeting, if held, at which such
464	473		rules were rule was adopted, or the date and location when the rules
465		-	were rule was adopted if the rulemaking agency is not required to
466		-	hold a meeting to adopt rules;
467		-	9. A summary of the comments and explanation of changes or lack
468		-	of any change made in the an adopted rules rule as a result of
469		-	testimony received at all hearings or meetings held or sponsored by
470		-	an agency for the purpose of providing the public an opportunity to
471		-	comment on the rules any proposed rule or of any written comments
472		-	received prior to the adoption of the rule. The summary shall
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497	497		23
498	498		24
499	499
	500	+	were rule was adopted if the rulemaking agency is not required to
	501	+	hold a meeting to adopt rules;
	502	+	9. A summary of the comments and explanation of changes or lack
	503	+	of any change made i n the an adopted rules rule as a result of
	504	+	testimony received at all hearings or meetings held or sponsored by
	505	+	an agency for the purpose of providing the public an opportunity to
	506	+	comment on the rules any proposed rule or of any written comments
	507	+	received prior to the adoption of the rule. The summary shall
500	508		include all comments received about the cost impact of the any
501	509		proposed rules rule;
502	510		10. A list of persons or organizations who appeared or
503	511		registered for or against the adopted rule at any public hearing
504	512		held by the agency or those who have commented in writing before or
505	513		after the hearing;
506	514		11. A rule impact statement if required pursuant to Section 303
507	515		of this title;
508	516		12. An incorporation by reference statement if the rule
509	517		incorporates a set of rules fro m a body outside the state, such as a
510	518		national code;
511	519		13. The members of the governing board of the agen cy adopting
512	520		the rules rule and the recorded vote of each member;
513	521		14. The proposed effective date of the rules rule, if an
514	522		effective date is required pu rsuant to paragraph 1 of subsection B
515	523		of Section 304 of this title; and
	524	+
	525	+	Req. No. 1646 Page 11 1
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516	550		15. Any other information requested by the Governor, the
517	551		Speaker of the House of Representatives, or the President Pro
518	552		Tempore of the Senate.
519	553		SECTION 7. This act shall become effective November 1, 2025.
520		-	~~COMMITTEE REPORT BY: COMMITTEE ON APPROPRIA TIONS~~
521		-	~~March 5,~~ 2025 ~~- DO PASS AS AMENDED~~
	554	+
	555	+	60-1-1646 RD 2/17/2025 9:58:43 AM