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SENATE FLOOR VERSION
March 5, 2025
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 318 By: Bergstrom, Jett, and
Deevers of the Senate
and
Kendrix and Woolley of the
House
[ administrative rule processes - duties - procedures
- consultation - information - Unit - reports -
cooperation - evaluation of rules - report - approval
- permanent rules - noncodification - codification -
effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the “Regulations
from the Executive in Need of Scrutiny (REINS) Act of 2025 ”.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 601 of Title 75, unless there is
created a duplication in numbering, reads as follows:
As used in this act:
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1. “Agency” means any officer, department, bureau, division,
board, commission, authority , agency, or institution of this state,
except the judicial and legislative branches, authorized by law to
promulgate rules and regulations concerning the administration,
enforcement, or interpretation of any law of this state;
2. “Implementation and comp liance costs” means direct costs
that are readily ascertainable based upon standard business
practices, including, but not limited to, fees, the co st to obtain a
license or registration, the cost of equipment required to be
installed or used, additional op erating costs incurred, the cost of
monitoring and reporting, and any other costs to comply with the
requirements of the proposed rule or regulation; and
3. “Major rule” means any administrative rule, whether
emergency or permanent in nature, that over the initial five-year
period will result in or is likely to result in One Million Dollars
($1,000,000.00) or more in implementation and compliance co sts that
are reasonably expected to be incurred by or passed along to
businesses, local government units, and individuals as a result of
the proposed rule or regulation following the adoption of such rule.
Any rule that does not meet this classification shall be deemed a
nonmajor rule.
SECTION 3. NEW LAW A new section of law to be codifie d
in the Oklahoma Statutes as Section 602 of Title 75, unless there is
created a duplication in numbering, reads as follows:
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A. In addition to any other rule submission requirements under
the Administrative Procedures Act, e ach state agency promulgating a
major rule shall provide:
1. Whether the proposed rule or regulation is mandated by
federal law as a requirement for participating in or implementing a
federally subsidized or assisted program and whether the proposed
rule or regulation exceeds the requi rements of the applicable
federal law; and
2. An economic impact analysis specifically addressing the
following factors:
a. the rule’s economic impact, including any costs or
benefits and a detailed quantification of
implementation and compliance costs to be incurred by
specific businesses, business sectors, public utility
ratepayers, individuals, or local government units
that will be affected by the proposed rule or
regulation and on the state economy as a whole,
b. a detailed explanation of the methodol ogy and
assumptions used to determine the economic impact,
including the dollar amounts calculated,
c. an estimate of the total annual implementati on and
compliance costs that are reasonably expected to be
incurred by or passed along to business es, local
government units, or individuals and a determination
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of whether those costs will exceed One Million Dollars
($1,000,000.00) over the initial five -year period
following the adoption of the proposed rule or
regulation,
d. a statement of the need for the rule and the legal
basis supporting it,
e. any measures taken by the agency to minimize the cost
and impact of the proposed rule or regulation on
business and economic development within this state,
on local government, and on individuals, and
f. a classification of the rule as major or nonmajor,
with a justification for the classification.
B. No agency shall submit a major rule or regulation to the
Secretary of State for filing without completing an economic impact
analysis for the proposed rule or regulation and providing the
analysis to the Legislative Economic Analysis Unit created pursuant
to Section 4 of this act.
C. The agency shall consult with c ounties, municipalities, and
school boards, as appropriate, when preparing the economic impact
analysis of a proposed rule or regulation that increases or
decreases revenue of counties, cities, or school districts or
imposes functions or responsibilities on counties, cities, or school
districts that may increase their expenditures or fiscal liability.
The agency shall consult and solicit information from businesses,
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business associations, political subdivisions , state agencies, or
members of the public tha t may be affected by the proposed rule or
regulation or that may provide relevant information.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 603 of Title 75, unless there is
created a duplication in numbering, reads as follows:
A. A Legislative Economic Analysis Unit (LEAU) shall be created
within the Legislative Office of Fiscal Transparency (LOFT) to
provide independent and reliable economic analysis and other
information relevant to th e conduct of the Legislature ’s oversight
and legislative duties. The LEAU shall assist the Administrative
Rules Committee of each chamber in evaluating major rules proposed
by state agencies.
B. LOFT shall establish the LEAU within ninety (90) days of the
effective date of this act and may employ no more than five full -
time-equivalent employees (FTEs) to serve the LEAU and carry out the
functions of this section.
C. Within twenty-one (21) calendar days of receiving any
proposed rule or regulation, the LEAU shall conduct an independent
analysis to determine that the agency has complied with the
requirements set forth in Section 3 of this act . The LEAU will
assess whether the proposed rule or regulation will result in
implementation and compliance costs of more than One Million Dollars
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($1,000,000.00) over the initial five -year period after
implementation.
D. The LEAU shall:
1. Provide a report on each major rule or regulation to the
committees of jurisdiction by the end of the twenty -first calendar
day after the submission date of such major rule or regulation ;
2. Inform the committee if the economic impact analysis from
the agency is incomplete or contains substantive inaccuracies ; and
3. Report to the Administrative Rules Committee of each
chamber.
E. State agencies shall cooperate fully with the LEAU and the
Legislature in providing data or documentation necessary for
analysis, and conducting the analyses required under this act.
F. The President Pro Tempore of the Senate, Speaker of the
House of Representatives, and committee chair of the Administrative
Rules Committee of each chamber may also direct the LEAU to conduct
evaluations of existing provisions of the Oklahoma Administrative
Code.
G. The LEAU shall:
1. Make all analyses and determinations publicly available on
its website upon completion ; and
2. Submit an annual report summarizing the year ’s evaluations
and findings shall be electronically submitted to the President Pro
Tempore of the Senate and the Speaker of the House of
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Representatives and published on LOFT’s website. Within the annual
report, the LEAU shall quantify the impact of its work, including
reductions in regulations, cost savings, and other measurable
benefits to the economy.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 604 of Title 75, unless there is
created a duplication in numbering, reads as follows:
A major rule shall not take effect unless specifically approved
by the Legislature through a joint resolution receiving a
constitutional majority in each chamber.
SECTION 6. AMENDATORY 7 5 O.S. 2021, Section 303.1, as
amended by Section 3, Chapter 38, O.S.L. 2023 (75 O.S. Supp. 2024,
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 o f the following
with the Governor, the Speaker of the House of Representatives, the
President Pro Tempore of the Senate, and the chief legislative
officer chair of the Administrative Rules Committee of each chamber:
all such new rules or amendments; revis ions 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 statement
prepared as part of the agency rule report that the any proposed
rule will have an economic impact on any political subdivisions or
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require their cooperation in implementing or enforcing a proposed
permanent rule, a copy of the proposed rule and rule report shall be
filed within ten (10) days after adoption of the per manent rule with
the Oklahoma Advisory Committee on Intergovernmental Relations for
its review. The Committee may communicate any recommendations that
it may deem necessary to the Governor, the Speaker of the House of
Representatives, and President Pro Te mpore of the Senate during the
period that the permanent rules are being reviewed.
C. When the rules have been any rule is submitted to the
Governor, the Speaker of the House of Representatives, the President
Pro Tempore of the Senate, and the chief legislative officer chair
of the Administrative Rules Committee 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 rule has been submitted to th e Governor and the
Legislature.
D. The text of the adopted rules rule shall be submitted to the
Governor, the Speaker of the House of Representati ves, and the
President Pro Tempore of the Senate in the same format as required
by the Secretary pursuant to Section 251 of this title. The text of
the adopted rule shall be submitted to the President Pro Tempore of
the Senate, the Speaker of the House of Representatives, and the
chair of the Administrative Rules Committee of each chamber in
physical, spiral-bound copies.
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E. The report required by subsection A of this section shall
include:
1. The date the notice of the intended rulemaking action was
published in “The Oklahoma Register ” pursuant to Section 255 of this
title;
2. The name and address of the agen cy;
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 requiring the rule;
6. A statement of the gist of the ru le 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 th e meeting, if held, at which such
rules were rule was adopted, or the date and location when the rules
were rule was adopted if the rulemaking agency is not required to
hold a meeting to adopt rules;
9. A summary of the comments and explanation of changes or lack
of any change made in the an adopted rules rule as a result of
testimony received at all hearings or meetings held or sponsored by
an agency for the purpose of providing the public an opportunity to
comment on the rules any proposed rule or of any written comments
received prior to the adoption of the rule. The summary shall
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include all comments receive d about the cost impact of the any
proposed rules rule;
10. A list of persons or organizations who appeared or
registered for or against the adopted rule at any public hearing
held by the agency or those who have 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 reference statement if the rule
incorporates a set of rules from a body outside the state, such as a
national code;
13. The members of the gov erning board of the agency adopting
the rules rule and the recorded vote of each member;
14. The proposed effective date of the rules rule, if an
effective date is required pursuant 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 7. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIA TIONS
March 5, 2025 - DO PASS AS AMENDED