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SENATE FLOOR VERSION
February 13, 2025
SENATE BILL NO. 995 By: Bergstrom and Jett of the
Senate
and
Kendrix of the House
An Act relating to the Administrative Procedures Act;
amending 75 O.S. 2021, Section 308, as amended by
Section 5, Chapter 38, O.S.L. 2023 (75 O.S. Supp.
2024, Section 308), which relates to proposed
permanent rules; requiring legislative approval for
proposed permanent rules; repealing 75 O.S. 2021,
Section 308.3, as amended by Section 6, Chapter 38,
O.S.L. 2023 (75 O.S. Sup p. 2024, Section 308.3),
which relates to rule adoption; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 75 O.S. 2021, Section 308, as
amended by Section 5, Chapter 38, O .S.L. 2023 (75 O.S. Supp. 2024,
Section 308), is amended to read as follows:
Section 308. A. Upon receipt of any proposed permanent rules,
the Speaker of the House of Representatives and the President Pro
Tempore of the Senate shall assign such rules to the appropriate
committees of each house of the Legislature for review. Except as
otherwise provided by this section:
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1. If such rules are received on or before April 1, the
Legislature shall have until the last day of the regular legislative
session of that year to review such rules. Provided, proposed
permanent rules for consideration by the 2nd Session of the 59th
Legislature shall be submitted on or before March 1. For each
legislative session thereafter, proposed permanent rules shall be
submitted on or before February 1 of the given year; and
2. If such rules are received after the date established
pursuant to paragraph 1 of this subsection, the Legislature shall
have until the last day of the regular legislative session of the
next year to act on such rules.
B. By the adoption of joint resolutions during the review
period specified in subsection A of this section, the Legislature
may disapprove or approve any rule and disapprove all or part of a
rule or rules. Any rules not acted upon by the ado ption of a joint
resolution shall be deemed disapproved.
C. Unless otherwise author ized by the Legislature, whenever a
rule is disapproved as provided in subsection B of this section, the
agency adopting such rules shall not have authority to resubmit an
identical rule, except during the first sixty (60) calendar days of
the next regular legislative session. Any effective emergency rule
which would have been superseded by a disapproved permanent rule
shall be deemed null and void on the date the Legislatu re
disapproves the permanent rule. Rules may be disapproved in part or
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in whole by the Legislature. Upon enactment of any joint resolution
disapproving a rule, the agency shall file notice of such
legislative disapproval with the Secretary for publicatio n in “The
Oklahoma Register”.
D. Unless otherwise provided by specific vote of the
Legislature, joint resolutions introduced for purposes of
disapproving or approving a rule or the omnibus joint resolution
described in Section 308.3 of this title shall no t be subject to
regular legislative cutoff dates, shall be limited to such
provisions as may be necessary for disapproval or approval of a
rule, and any such other direction or mandate regarding the rule
deemed necessary by the Legislature. The resolution shall contain
no other provisions.
E. A proposed permanent rule shall only be deemed finally
adopted if:
1. Approved by the Legislature pursuant to Section 308.3 of
this title, provided that any such joint resolution becomes law in
accordance with Secti on 11 of Article VI of the Oklahoma
Constitution;
2. Approved by a joint resolution pursuant to subsection B of
this section, provided that any such resolution becomes law in
accordance with Section 11 of Article VI of the Oklahoma
Constitution; or
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3. Disapproved by a joint resolution pursuant to subsection B
of this section or Section 308.3 of this title which has been vetoed
by the Governor in accordance with Section 11 of Article VI of the
Oklahoma Constitution and the veto has not been overridden.
F. Prior to final adoption of a rule, an agency may withdraw a
rule from legislative r eview. Notice of such withdrawal shall be
given to the Governor, the Speaker of the House of Representatives,
the President Pro Tempore of the Senate, and to the Secretary for
publication in “The Oklahoma Register”.
G. An agency may promulgate an emergency rule only pursuant to
Section 253 of this title.
H. Any rights, privileges, or interests gained by any person by
operation of an emergency rule, shall not be affected b y reason of
any subsequent disapproval or rejection of such rule by either house
of the Legislature.
SECTION 2. REPEALER 75 O.S. 2021, Section 308.3, as
amended by Section 6, Chapter 38, O.S.L. 2023 (75 O.S. Supp. 2024,
Section 308.3), is hereby repealed.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
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 ADMINISTRATIVE RULES
February 13, 2025 - DO PASS