Administrative Procedures Act; proposed permanent rules; requiring legislative approval for final rule adoption. Emergency.
Summary
SB 995 revises Oklahoma’s Administrative Procedures Act, focusing on how agency rules become final. The bill updates definitions, including the definition of “final rule,” removes an outdated reference to “technical legal defect,” and clarifies rulemaking terminology. Its central policy change is to require legislative approval for a proposed permanent rule to become a final rule, while also recognizing certain other paths for final adoption or disapproval through joint resolution and gubernatorial action.
The bill also amends the legislative review process for proposed permanent rules. It keeps the existing framework for committee review and joint resolutions, but tightens the language around when a rule is considered finally adopted and how disapproved rules are handled. It repeals Section 308.3 of Title 75, which previously governed a separate rule adoption procedure, and includes an emergency clause so the act takes effect immediately upon passage and approval.
Impact
SB 995 would materially increase legislative control over executive agency rulemaking in Oklahoma by making final adoption of permanent rules contingent on legislative approval under the amended Administrative Procedures Act. It affects state agencies that promulgate rules, the Legislature’s administrative rules committees, and the Secretary of State’s publication and filing processes. The bill also changes the legal status of proposed and disapproved rules, including how emergency rules interact with later legislative disapproval, and repeals a related statutory section governing rule adoption procedure.
Sentiment
The bill appears to have broad support overall, passing the Senate and House with strong majorities and no recorded opposition in committee or on House third reading. The only notable recorded resistance came at Senate fourth reading, where the bill passed 33-8, indicating some concern remained even after earlier unanimous or near-unanimous votes. The voting pattern suggests the measure was generally favored as a government oversight or administrative reform bill, though not without some dissent at the final Senate stage.
Contention
The main point of contention is the shift in power from administrative agencies toward the Legislature. Supporters likely view the bill as strengthening accountability and legislative oversight of agency rulemaking, while opponents may see it as making it harder for agencies to implement regulations efficiently and potentially slowing or politicizing the regulatory process. The repeal of Section 308.3 and the requirement that permanent rules receive legislative approval before becoming final are the most significant changes and likely the focus of any disagreement.