Bill Text For SB0913 - House Floor Version

 1|              HOUSE OF REPRESENTATIVES - FLOOR VERSION                 |
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 2|                          STATE OF OKLAHOMA                            |
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 3|             1st Session of the 58th Legislature (2021)                |
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 4|ENGROSSED SENATE                                                       |
  |BILL NO. 913                         By: Daniels, Bullard, Hamilton    |
 5|                                         and Bergstrom of the Senate   |
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 6|                                         and                           |
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 7|                                         O'Donnell, Gann, Crosswhite   |
  |                                         Hader and Stearman of the     |
 8|                                                               House   |
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 9|                                                                       |
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10|       An Act relating to administrative rules; amending 75            |
  |       O.S. 2011, Sections 250.2, as amended by Section 1,             |
11|       Chapter 357, O.S.L. 2013, 250.3, as amended by                  |
  |       Section 2, Chapter 357, O.S.L. 2013, 250.4a, 250.6,             |
12|       250.10, as amended by Section 49, Chapter 227, O.S.L.           |
  |       2013, 251, as last amended by Section 215, Chapter              |
13|       408, O.S.L. 2019, 253, as amended by Section 3,                 |
  |       Chapter 357, O.S.L. 2013, 303, as amended by Section            |
14|       50, Chapter 227, O.S.L. 2013, 303.1, as amended by              |
  |       Section 2, Chapter 252, O.S.L. 2016, 305, 307.1, 308,           |
15|       as amended by Section 4, Chapter 357, O.S.L. 2013,              |
  |       Section 6, Chapter 357, O.S.L. 2013, (75 O.S. Supp.             |
16|       2020, Sections 250.2, 250.3, 250.10, 251, 253, 303,             |
  |       303.1, 308 and 308.3), which relate to the                      |
17|       Administrative Procedure Act; clarifying authority to           |
  |       modify certain administrative rules; adding certain             |
18|       definitions; deleting certain rule approval                     |
  |       procedure; providing for posting certain information            |
19|       on a website; deleting obsolete language; modifying             |
  |       number of days for certain responses; providing for             |
20|       publication on website; providing procedure for                 |
  |       certain committee to suspend an agency emergency                |
21|       rule; adding certain persons to receive certain                 |
  |       information; establishing procedures for disapproval            |
22|       of agency rule by Governor or cabinet secretary;                |
  |       clarifying inclusion of certain information;                    |
23|       requiring certain notarized statement; authorizing              |
  |       certain committee to disapprove certain rules under             |
24|       certain circumstances; creating expedited rule repeal           |
  |       process; providing procedures for agencies for                  |
arsid2099462 (Floor Amendments Only)                               Page 1
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 1|       certain request; specifying criteria for                        |
  |       qualification; requiring certain notice; allowing for           |
 2|       comment period; providing for certain hearings and              |
  |       votes; prohibiting certain agency requests by certain           |
 3|       date; adding certain persons to receive certain                 |
  |       information; conforming language; modifying method              |
 4|       for agencies to initiate rule making proceedings;               |
  |       creating a Joint Committee on Administrative Rules;             |
 5|       providing for membership; providing for selection of            |
  |       co-chairs; providing for meeting schedule; stating              |
 6|       requirement of a quorum; providing purpose of the               |
  |       committee; providing for voting requirements;                   |
 7|       clarifying certain powers; adding entity to receive             |
  |       certain rules; providing for recommendations of                 |
 8|       certain rules; modifying type of legislative vehicle            |
  |       for procedure; deleting certain approval procedure;             |
 9|       updating statutory language; providing for                      |
  |       codification; and providing an effective date.                  |
10|                                                                       |
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11|                                                                       |
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12|                                                                       |
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13|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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14|    SECTION 1.     AMENDATORY     75 O.S. 2011, Section 250.2, as      |
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15|amended by Section 1, Chapter 357, O.S.L. 2013 (75 O.S. Supp. 2020,    |
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16|Section 250.2), is amended to read as follows:                         |
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17|    Section 250.2.  A.  Article V of the Oklahoma Constitution vests   |
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18|in the Legislature the power to make laws, and thereby to establish    |
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19|agencies and to designate agency functions, budgets and purposes.      |
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20|Article VI of the Oklahoma Constitution charges the Executive Branch   |
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21|of Government with the responsibility to implement all measures        |
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22|enacted by the Legislature.                                            |
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23|    B.  In creating agencies and designating their functions and       |
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24|purposes, the Legislature may delegate rulemaking authority to         |
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arsid2099462 (Floor Amendments Only)                               Page 2
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 1|executive branch agencies to facilitate administration of              |
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 2|legislative policy.  The delegation of rulemaking authority is         |
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 3|intended to eliminate the necessity of establishing every              |
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 4|administrative aspect of general public policy by legislation.  In     |
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 5|so doing, however, the Legislature reserves to itself:                 |
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 6|    1.  The right to retract any delegation of rulemaking authority    |
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 7|unless otherwise precluded by the Oklahoma Constitution;               |
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 8|    2.  The right to establish any aspect of general policy by         |
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 9|legislation, notwithstanding any delegation of rulemaking authority;   |
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10|    3.  The right and responsibility to designate the method for       |
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11|rule promulgation, review, repeal and modification;                    |
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12|    4.  The right to approve or disapprove or repeal any adopted       |
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13|rule by joint resolution; and                                          |
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14|    5.  The right to disapprove a proposed permanent, promulgated or   |
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15|emergency rule at any time if the Legislature determines such rule     |
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16|to be an imminent harm to the health, safety or welfare of the         |
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17|public or the state or if the Legislature determines that a rule is    |
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18|not consistent with legislative intent.                                |
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19|    SECTION 2.     AMENDATORY     75 O.S. 2011, Section 250.3, as      |
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20|amended by Section 2, Chapter 357, O.S.L. 2013 (75 O.S. Supp. 2020,    |
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21|Section 250.3), is amended to read as follows:                         |
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22|    Section 250.3.  As used in the Administrative Procedures Act:      |
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23|    1.  "Administrative head" means an official or agency body         |
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24|responsible pursuant to law for issuing final agency orders;           |
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arsid2099462 (Floor Amendments Only)                               Page 3
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 1|    2.  "Adopted" means a proposed emergency rule which has been       |
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 2|approved by the agency but has not been approved or disapproved by     |
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 3|the Governor as an emergency rule as provided by Section 253 of this   |
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 4|title, or a proposed permanent rule which has been approved by the     |
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 5|agency and not disapproved by the Governor pursuant to paragraph 6     |
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 6|of subsection A of Section 303 of this title, but has not been         |
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 7|finally approved or disapproved by the Legislature or by declaration   |
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 8|of the Governor as provided by subsection D of Section 6 of this       |
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 9|act;                                                                   |
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10|    3.  "Agency" includes but is not limited to any constitutionally   |
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11|or statutorily created state board, bureau, commission, office,        |
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12|authority, public trust in which the state is a beneficiary, or        |
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13|interstate commission, except:                                         |
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14|         a.   the Legislature or any branch, committee or officer      |
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15|              thereof, and                                             |
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16|         b.   the courts;                                              |
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17|    4.  "Concurrent majority" means a majority of members on the       |
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18|Joint Committee on Administrative Rules from both the Oklahoma         |
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19|Senate and the Oklahoma House of Representatives;                      |
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20|    5.  "Emergency rule" means a rule that is made pursuant to         |
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21|Section 253 of this title;                                             |
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22|    5. 6.  "Expedited repeal" means the procedure utilized by a        |
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23|rule-making agency as specified in Section 9 of this act;              |
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24|                                                                       |
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arsid2099462 (Floor Amendments Only)                               Page 4
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 1|    7.  "Final rule" or "finally adopted rule" means a rule other      |
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 2|than an emergency rule, which has not been published pursuant to       |
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 3|Section 255 of this title but is otherwise in compliance with the      |
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 4|requirements of the Administrative Procedures Act, and is:             |
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 5|         a.    approved by the Legislature pursuant to Section 6       |
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 6|              308.3 of this act title, provided that any such joint    |
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 7|              resolution becomes law in accordance with Section 11     |
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 8|              of Article VI of the Oklahoma Constitution,              |
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 9|         b.    approved by the Governor pursuant to subsection D C     |
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10|              of Section 6 308.3 of this act title,                    |
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11|         c.    approved by a joint resolution pursuant to subsection   |
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12|              B of Section 308 of this title, provided that any such   |
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13|              resolution becomes law in accordance with Section 11     |
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14|              of Article VI of the Oklahoma Constitution, or           |
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15|         d.    disapproved by a joint resolution pursuant to           |
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16|              subsection B of Section 308 of this title or Section 6   |
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17|              308.3 of this act title, which has been vetoed by the    |
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18|              Governor in accordance with Section 11 of Article VI     |
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19|              of the Oklahoma Constitution and the veto has not been   |
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20|              overridden;                                              |
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21|    6. 8.  "Final agency order" means an order that includes           |
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22|findings of fact and conclusions of law pursuant to Section 312 of     |
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23|this title, is dispositive of an individual proceeding unless there    |
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24|is a request for rehearing, reopening, or reconsideration pursuant     |
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arsid2099462 (Floor Amendments Only)                               Page 5
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 1|to Section 317 of this title and which is subject to judicial          |
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 2|review;                                                                |
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 3|    7. 9.  "Hearing examiner" means a person meeting the               |
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 4|qualifications specified by Article II of the Administrative           |
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 5|Procedures Act and who has been duly appointed by an agency to hold    |
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 6|hearings and, as required, render orders or proposed orders;           |
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 7|    8. 10.  "Individual proceeding" means the formal process           |
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 8|employed by an agency having jurisdiction by law to resolve issues     |
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 9|of law or fact between parties and which results in the exercise of    |
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10|discretion of a judicial nature;                                       |
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11|    9. 11.  "License" includes the whole or part of any agency         |
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12|permit, certificate, approval, registration, charter, or similar       |
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13|form of permission required by law;                                    |
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14|    10. 12.  "Office" means the Office of the Secretary of State;      |
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15|    11. 13.  "Order" means all or part of a formal or official         |
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16|decision made by an agency including but not limited to final agency   |
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17|orders;                                                                |
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18|    12. 14.  "Party" means a person or agency named and                |
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19|participating, or properly seeking and entitled by law to              |
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20|participate, in an individual proceeding;                              |
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21|    13. 15.  "Permanent rule" means a rule that is made pursuant to    |
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22|Section 303 of this title;                                             |
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24|                                                                       |
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arsid2099462 (Floor Amendments Only)                               Page 6
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 1|    14. 16.  "Person" means any individual, partnership,               |
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 2|corporation, association, governmental subdivision, or public or       |
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 3|private organization of any character other than an agency;            |
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 4|    15. 17.  "Political subdivision" means a county, city,             |
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 5|incorporated town or school district within this state;                |
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 6|    16. 18.  "Promulgated" means a finally adopted rule which has      |
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 7|been filed and published in accordance with the provisions of the      |
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 8|Administrative Procedures Act, or an emergency rule or preemptive      |
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 9|rule which has been approved by the Governor;                          |
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10|    17. 19.  "Rule" means any agency statement or group of related     |
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11|statements of general applicability and future effect that             |
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12|implements, interprets or prescribes law or policy, or describes the   |
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13|procedure or practice requirements of the agency.  The term "rule"     |
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14|includes the amendment or revocation of an effective rule but does     |
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15|not include:                                                           |
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16|         a.   the issuance, renewal, denial, suspension or             |
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17|              revocation or other sanction of an individual specific   |
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18|              license,                                                 |
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19|         b.   the approval, disapproval or prescription of rates.      |
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20|              For purposes of this subparagraph, the term "rates"      |
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21|              shall not include fees or charges fixed by an agency     |
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22|              for services provided by that agency including but not   |
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23|              limited to fees charged for licensing, permitting,       |
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24|              inspections or publications,                             |
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arsid2099462 (Floor Amendments Only)                               Page 7
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 1|         c.   statements and memoranda concerning only the internal    |
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 2|              management of an agency and not affecting private        |
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 3|              rights or procedures available to the public,            |
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 4|         d.   declaratory rulings issued pursuant to Section 307 of    |
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 5|              this title,                                              |
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 6|         e.   orders by an agency, or                                  |
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 7|         f.   press releases or "agency news releases", provided       |
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 8|              such releases are not for the purpose of interpreting,   |
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 9|              implementing or prescribing law or agency policy;        |
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10|    18. 20.  "Rulemaking" means the process employed by an agency      |
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11|for the formulation of a rule; and                                     |
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12|    19. 21.  "Secretary" means the Secretary of State;                 |
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13|    22.  "Small business" means a for-profit enterprise consisting     |
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14|of fifty or fewer full-time or part-time employees; and                |
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15|    23.  "Technical legal defect" means an error that would            |
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16|otherwise invalidate an action by a court of law.                      |
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17|    SECTION 3.     AMENDATORY     75 O.S. 2011, Section 250.4a, is     |
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18|amended to read as follows:                                            |
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19|    Section 250.4a.  A.  Any agency exempt from all or part of the     |
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20|Administrative Procedures Act pursuant to subsection A of Section      |
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21|250.4 of this title shall maintain and make available for public       |
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22|inspection its exempt rules at its principal place of business and     |
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23|on any website associated with the agency.                             |
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24|                                                                       |
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arsid2099462 (Floor Amendments Only)                               Page 8
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 1|    B.  It is recognized by the Oklahoma Legislature that agencies     |
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 2|specified by subsection A of this section have published rules         |
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 3|containing obsolete rules or internal policy statements or agency      |
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 4|statements which do not meet the Administrative Procedures Act         |
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 5|definition of rules.  Therefore, by December 31, 2005, each such       |
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 6|agency shall conduct an internal review of its rules to determine      |
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 7|whether each of its rules is current and is a rule as such term is     |
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 8|defined by the Administrative Procedures Act.  Any rule determined     |
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 9|by an agency to be obsolete or an internal policy statement or any     |
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10|agency statement which does not meet the definition of a rule          |
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11|pursuant to the Administrative Procedures Act shall be deleted by      |
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12|the agency.  Notice of such deletion shall be submitted to the         |
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13|Speaker of the House of Representatives, the President Pro Tempore     |
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14|of the Senate and the Governor for informational purposes.             |
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15|    C.  The provisions of this section shall not be construed to       |
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16|authorize any agency to amend any rule or to delete any rule which     |
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17|affects any private rights or procedures available to the public.      |
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18|    SECTION 4.     AMENDATORY     75 O.S. 2011, Section 250.6, is      |
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19|amended to read as follows:                                            |
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20|    Section 250.6.  A.  1.  The Commission for Human Services may      |
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21|promulgate a preemptive rule pursuant to the provisions of this        |
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22|section:                                                               |
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23|         a.   when the Commission for Human Services is required by    |
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24|              federal law, federal rules, a state law enacted          |
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arsid2099462 (Floor Amendments Only)                               Page 9
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 1|              pursuant to federal law or federal rule, or order of a   |
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 2|              court of competent jurisdiction to adopt a rule, or an   |
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 3|              amendment, revision or revocation of an existing rule,   |
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 4|              and                                                      |
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 5|         b.   which if such rule is not immediately adopted would      |
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 6|              result in the imposition of a financial penalty, or a    |
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 7|              reduction, withholding or loss of federal funds.         |
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 8|    2.  A preemptive rule must be approved by the Governor pursuant    |
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 9|to this section.                                                       |
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10|    3.  The website of the Commission shall provide a link to the      |
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11|website of the Secretary of State where the preemptive rules of the    |
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12|Commission are published.                                              |
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13|    4.  The conditions specified in this subsection for the            |
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14|promulgation of a preemptive rule shall be the only conditions         |
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15|authorized for promulgation of such rule by the Commission for Human   |
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16|Services.                                                              |
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17|    B.  1.  Upon the adoption of such preemptive rule by the           |
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18|Commission, the Director of the Department of Human Services shall     |
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19|request the Governor to approve the rules on the basis that such       |
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20|rules are required to comply with a federal law, federal rule, a       |
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21|state law enacted pursuant to federal law or rule, or order of a       |
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22|court of competent jurisdiction and which if such rules are not        |
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23|immediately adopted would result in a financial penalty, or a          |
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24|reduction, withholding or loss of federal funds.                       |
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arsid2099462 (Floor Amendments Only)                               Page 10
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 1|    2.  Upon the filing of the request for approval of a preemptive    |
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 2|rule, the Governor shall review such rule and decide as to whether     |
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 3|such rule should be approved.  Prior to approval of a preemptive       |
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 4|rule, the Governor shall submit the preemptive rule to the Office of   |
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 5|the Secretary of State for review of proper formatting unless the      |
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 6|preemptive rule has been reviewed by the Office prior to agency        |
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 7|submission to the Governor.  Failure of the Governor to approve such   |
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 8|rule within twenty-eight (28) calendar days shall constitute denial    |
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 9|of the rule as a preemptive rule.                                      |
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10|    3.  Upon approval of a preemptive rule, the Governor shall         |
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11|immediately notify the Commission.  Upon receipt of notice of the      |
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12|approval of the preemptive rule, the Commission shall file the         |
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13|number of copies specified by the Secretary of the approval issued     |
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14|by the Governor and the number of copies specified by the Secretary    |
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15|of the preemptive rule with the Office pursuant to Section 251 of      |
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16|this title.                                                            |
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17|    4.  The preemptive rule shall be published in accordance with      |
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18|the provisions of Section 255 of this title in "The Oklahoma           |
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19|Register" following approval by the Governor.  The Governor's          |
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20|approval and the approved rules shall be retained as official          |
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21|records by the Office of Administrative Rules.                         |
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22|    5.  For informational purposes only, a copy of the Governor's      |
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23|approval and the preemptive rule shall be submitted by the             |
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24|Commission to the Speaker of the House of Representatives and the      |
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arsid2099462 (Floor Amendments Only)                               Page 11
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 1|President Pro Tempore of the Senate within ten (10) days of the        |
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 2|approval of the preemptive rule by the Governor.                       |
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 3|    6.  Upon approval by the Governor, the rule shall be considered    |
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 4|promulgated and shall be in force immediately, or if a later date is   |
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 5|required by statute or specified in the rule, the later date is the    |
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 6|effective date.                                                        |
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 7|    C.  A preemptive rule shall be considered to be a permanent rule   |
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 8|and shall remain in full force and effect unless and until             |
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 9|specifically disapproved during the first thirty (30) legislative      |
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10|days of the next regular legislative session following promulgation    |
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11|of such preemptive rule or unless an earlier expiration date is        |
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12|specified by the Commission.  The Legislature may disapprove such      |
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13|rule pursuant to Section 308 of this title.  Any resolution            |
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14|introduced for the purpose of disapproving such rule shall not be      |
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15|subject to regular legislative cut off dates.                          |
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16|    D.  Except as otherwise provided by this section, preemptive       |
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17|rules shall be promulgated and published in compliance with Article    |
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18|I of the Administrative Procedures Act.  Preemptive rules              |
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19|promulgated pursuant to the provisions of this section shall be        |
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20|exempt from the provisions of Sections 253, 303, 303.1, 303.2, 304,    |
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21|308 and 308.1 of this title.                                           |
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22|    SECTION 5.     AMENDATORY     75 O.S. 2011, Section 250.10, as     |
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23|amended by Section 49, Chapter 227, O.S.L. 2013 (75 O.S. Supp. 2020,   |
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24|Section 250.10), is amended to read as follows:                        |
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arsid2099462 (Floor Amendments Only)                               Page 12
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 1|    Section 250.10.  The Governor by Executive Order or either house   |
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 2|of the Legislature or both houses of the Legislature by resolution,    |
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 3|or a small business, may request an agency to review its rules to      |
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 4|determine whether or not the rules in question should be amended,      |
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 5|repealed or redrafted.  The agency shall respond to requests from      |
  |                                                                       |
 6|the Governor or the Legislature within ninety (90) thirty (30)         |
  |                                                                       |
 7|calendar days of such request.  The agency shall respond to requests   |
  |                                                                       |
 8|made by a small business within ninety (90) calendar days.             |
  |                                                                       |
 9|    SECTION 6.     AMENDATORY     75 O.S. 2011, Section 251, as last   |
  |                                                                       |
10|amended by Section 215, Chapter 408, O.S.L. 2019 (75 O.S. Supp.        |
  |                                                                       |
11|2020, Section 251), is amended to read as follows:                     |
  |                                                                       |
12|    Section 251.  A.  1.  Upon the request of the Secretary, each      |
  |                                                                       |
13|agency shall furnish to the Office a complete set of its permanent     |
  |                                                                       |
14|rules in such form as is required by the Secretary or as otherwise     |
  |                                                                       |
15|provided by law.                                                       |
  |                                                                       |
16|    2.  The Secretary shall promulgate rules to ensure the effective   |
  |                                                                       |
17|administration of the provisions of Article I of the Administrative    |
  |                                                                       |
18|Procedures Act.  The rules shall include, but are not limited to,      |
  |                                                                       |
19|rules prescribing paper size, numbering system, and the format of      |
  |                                                                       |
20|documents required to be filed pursuant to the provisions of the       |
  |                                                                       |
21|Administrative Procedures Act or such other requirements as deemed     |
  |                                                                       |
22|necessary by the Secretary to implement the provisions of the          |
  |                                                                       |
23|Administrative Procedures Act.                                         |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid2099462 (Floor Amendments Only)                               Page 13
___________________________________________________________________________

 1|    3.  The website of each agency shall provide a link to the         |
  |                                                                       |
 2|website of the Secretary of State where the rules of the agency are    |
  |                                                                       |
 3|published.                                                             |
  |                                                                       |
 4|    B.  1.  Each agency shall file the number of copies specified by   |
  |                                                                       |
 5|the Secretary of all new rules, and all amendments, revisions or       |
  |                                                                       |
 6|revocations of existing rules attested to by the agency, pursuant to   |
  |                                                                       |
 7|the provisions of Section 254 of this title, with the Office within    |
  |                                                                       |
 8|thirty (30) calendar days after they become finally adopted.           |
  |                                                                       |
 9|    2.  An agency filing rules pursuant to the provisions of this      |
  |                                                                       |
10|subsection:                                                            |
  |                                                                       |
11|         a.    shall prepare the rules in plain language which can     |
  |                                                                       |
12|              be easily understood,                                    |
  |                                                                       |
13|         b.    shall not unnecessarily repeat statutory language.      |
  |                                                                       |
14|              Whenever it is necessary to refer to statutory           |
  |                                                                       |
15|              language in order to effectively convey the meaning of   |
  |                                                                       |
16|              a rule interpreting that language, the reference shall   |
  |                                                                       |
17|              clearly indicate the portion of the language which is    |
  |                                                                       |
18|              statutory and the portion which is the agency's          |
  |                                                                       |
19|              amplification or interpretation of that language,        |
  |                                                                       |
20|         c.    shall indicate whether a rule is new, amends an         |
  |                                                                       |
21|              existing permanent rule or repeals an existing           |
  |                                                                       |
22|              permanent rule.  If a rule amends an existing rule,      |
  |                                                                       |
23|              the rule shall indicate the language to be deleted       |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid2099462 (Floor Amendments Only)                               Page 14
___________________________________________________________________________

 1|              typed with a line through the language and language to   |
  |                                                                       |
 2|              be inserted typed with the new language underscored,     |
  |                                                                       |
 3|         d.    shall state if the rule supersedes an existing          |
  |                                                                       |
 4|              emergency rule,                                          |
  |                                                                       |
 5|         e.    shall include a reference to any rule requiring a new   |
  |                                                                       |
 6|              or revised form in a note to the rule.  The Secretary    |
  |                                                                       |
 7|              shall insert that reference in "The Oklahoma Register"   |
  |                                                                       |
 8|              as a notation to the affected rule,                      |
  |                                                                       |
 9|         f.    shall prepare, in plain language, a statement of the    |
  |                                                                       |
10|              gist of the rule and an analysis of new or amended       |
  |                                                                       |
11|              rules.  The analysis shall include but not be limited    |
  |                                                                       |
12|              to a reference to any statute that the rule              |
  |                                                                       |
13|              interprets, any related statute or any related rule,     |
  |                                                                       |
14|         g.    may include with its rules, brief notes,                |
  |                                                                       |
15|              illustrations, findings of facts, and references to      |
  |                                                                       |
16|              digests of Supreme Court cases, other court decisions,   |
  |                                                                       |
17|              or Attorney General's opinions, and other explanatory    |
  |                                                                       |
18|              material.  Such material may be included if the          |
  |                                                                       |
19|              material is labeled or set forth in a manner which       |
  |                                                                       |
20|              clearly distinguishes it from the rules,                 |
  |                                                                       |
21|         h.    shall include other information, in such form and in    |
  |                                                                       |
22|              such manner as is required by the Secretary, and         |
  |                                                                       |
23|         i.    may change the format of existing rules without any     |
  |                                                                       |
24|              rulemaking action by the agency in order to comply       |
  |                                                                       |
arsid2099462 (Floor Amendments Only)                               Page 15
___________________________________________________________________________

 1|              with the standard provisions established by the          |
  |                                                                       |
 2|              Secretary for "Code" and "The Oklahoma Register"         |
  |                                                                       |
 3|              publication so long as there is no substantive change    |
  |                                                                       |
 4|              to the rule.                                             |
  |                                                                       |
 5|    C.  The Secretary is authorized to determine a numbering system    |
  |                                                                       |
 6|and other standardized format for documents to be filed and may        |
  |                                                                       |
 7|refuse to accept for publication any document that does not            |
  |                                                                       |
 8|substantially conform to the promulgated rules of the Secretary.       |
  |                                                                       |
 9|    D.  In order to avoid unnecessary expense, an agency may use the   |
  |                                                                       |
10|published standards established by organizations and technical         |
  |                                                                       |
11|societies of recognized national standing, other state agencies, or    |
  |                                                                       |
12|federal agencies by incorporating the standards or rules in its        |
  |                                                                       |
13|rules or regulations by reference to the specific issue or issues of   |
  |                                                                       |
14|publications in which the standards are published, without             |
  |                                                                       |
15|reproducing the standards in full.  The standards shall be readily     |
  |                                                                       |
16|available to the public for examination at the administrative          |
  |                                                                       |
17|offices of the agency.  In addition, a copy of such standards shall    |
  |                                                                       |
18|be kept and maintained by the agency pursuant to the provisions of     |
  |                                                                       |
19|the Preservation of Essential Records Act.                             |
  |                                                                       |
20|    E.  The Secretary shall provide for the publication of all         |
  |                                                                       |
21|Executive Orders received pursuant to the provisions of Section 664    |
  |                                                                       |
22|of Title 74 of the Oklahoma Statutes.                                  |
  |                                                                       |
23|                                                                       |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid2099462 (Floor Amendments Only)                               Page 16
___________________________________________________________________________

 1|    F.  The Secretary may authorize or require the filing of rules     |
  |                                                                       |
 2|or Executive Orders by or through electronic data or machine           |
  |                                                                       |
 3|readable equipment in such form and manner as is required by the       |
  |                                                                       |
 4|Secretary.                                                             |
  |                                                                       |
 5|    G.  In consultation with the Adjutant General, the Secretary       |
  |                                                                       |
 6|shall establish a method for the publication and archiving of all      |
  |                                                                       |
 7|military publications received by the Secretary of State from the      |
  |                                                                       |
 8|Adjutant General pursuant to the Oklahoma Uniform Code of Military     |
  |                                                                       |
 9|Justice and the Oklahoma State Guard Act.  Military publications       |
  |                                                                       |
10|shall be defined in accordance with Section 801 of Title 44 of the     |
  |                                                                       |
11|Oklahoma Statutes.  The Secretary may also authorize or require the    |
  |                                                                       |
12|filing of military publications by or through electronic means in      |
  |                                                                       |
13|such form and manner as is required by the Secretary.  This            |
  |                                                                       |
14|subsection shall only apply to military publications promulgated       |
  |                                                                       |
15|after October 1, 2019.                                                 |
  |                                                                       |
16|    H.  On or before October 1, 2021, the Secretary shall commence     |
  |                                                                       |
17|publication of all military publications provided by the Adjutant      |
  |                                                                       |
18|General.  On a biennial basis thereafter, the Secretary shall cause    |
  |                                                                       |
19|the military publications received in the course of the previous two   |
  |                                                                       |
20|(2) years to be published in a printed and bound format suitable for   |
  |                                                                       |
21|physical archiving in sufficient numbers to satisfy the requirements   |
  |                                                                       |
22|of the "Publications Clearinghouse" established in Section 3-113.3     |
  |                                                                       |
23|of Title 65 of the Oklahoma Statutes.                                  |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid2099462 (Floor Amendments Only)                               Page 17
___________________________________________________________________________

 1|    SECTION 7.     AMENDATORY     75 O.S. 2011, Section 253, as        |
  |                                                                       |
 2|amended by Section 3, Chapter 357, O.S.L. 2013 (75 O.S. Supp. 2020,    |
  |                                                                       |
 3|Section 253), is amended to read as follows:                           |
  |                                                                       |
 4|    Section 253.  A.  1.  If an agency finds that a rule is            |
  |                                                                       |
 5|necessary as an emergency measure, the rule may be promulgated         |
  |                                                                       |
 6|pursuant to the provisions of this section, if the rule is first       |
  |                                                                       |
 7|approved by the Governor.  The Governor shall not approve the          |
  |                                                                       |
 8|adoption, amendment, revision or revocation of a rule as an            |
  |                                                                       |
 9|emergency measure unless the agency submits substantial evidence       |
  |                                                                       |
10|that the rule is necessary as an emergency measure to do any of the    |
  |                                                                       |
11|following:                                                             |
  |                                                                       |
12|         a.    protect the public health, safety or welfare,           |
  |                                                                       |
13|         b.    comply with deadlines in amendments to an agency's      |
  |                                                                       |
14|              governing law or federal programs,                       |
  |                                                                       |
15|         c.    avoid violation of federal law or regulation or other   |
  |                                                                       |
16|              state law,                                               |
  |                                                                       |
17|         d.    avoid imminent reduction to the agency's budget, or     |
  |                                                                       |
18|         e.    avoid serious prejudice to the public interest.         |
  |                                                                       |
19|    As used in this subsection, "substantial evidence" shall mean      |
  |                                                                       |
20|credible evidence which is of sufficient quality and probative value   |
  |                                                                       |
21|to enable a person of reasonable caution to support a conclusion.      |
  |                                                                       |
22|    2.  In determining whether a rule is necessary as an emergency     |
  |                                                                       |
23|measure, the Governor shall consider whether the emergency situation   |
  |                                                                       |
24|was created due to the agency's delay or inaction and could have       |
  |                                                                       |
arsid2099462 (Floor Amendments Only)                               Page 18
___________________________________________________________________________

 1|been averted by timely compliance with the provisions of this          |
  |                                                                       |
 2|chapter.                                                               |
  |                                                                       |
 3|    B.  An emergency rule adopted by an agency shall:                  |
  |                                                                       |
 4|    1.  Be prepared in the format required by Section 251 of this      |
  |                                                                       |
 5|title;                                                                 |
  |                                                                       |
 6|    2.   a.    Include an impact statement which meets the             |
  |                                                                       |
 7|              requirements set forth in subparagraph b of this         |
  |                                                                       |
 8|              paragraph unless the Governor waives the requirement     |
  |                                                                       |
 9|              in writing upon a finding that the rule impact           |
  |                                                                       |
10|              statement or the specified contents thereof are          |
  |                                                                       |
11|              unnecessary or contrary to the public interest.          |
  |                                                                       |
12|         b.    The rule impact statement shall include, but not be     |
  |                                                                       |
13|              limited to:                                              |
  |                                                                       |
14|              (1)   a brief description of the proposed rule,          |
  |                                                                       |
15|              (2)   a description of the persons who most likely       |
  |                                                                       |
16|                   will be affected by the proposed rule, including    |
  |                                                                       |
17|                   classes that will bear the costs of the proposed    |
  |                                                                       |
18|                   rule, and any information on cost impacts           |
  |                                                                       |
19|                   received by the agency from any private or public   |
  |                                                                       |
20|                   entities,                                           |
  |                                                                       |
21|              (3)   a description of the classes of persons who will   |
  |                                                                       |
22|                   benefit from the proposed rule,                     |
  |                                                                       |
23|              (4)   a description of the probable economic impact of   |
  |                                                                       |
24|                   the proposed rule upon affected classes of          |
  |                                                                       |
arsid2099462 (Floor Amendments Only)                               Page 19
___________________________________________________________________________

 1|                   persons or political subdivisions, including a      |
  |                                                                       |
 2|                   listing of all fee changes and, whenever            |
  |                                                                       |
 3|                   possible, a separate justification for each fee     |
  |                                                                       |
 4|                   change,                                             |
  |                                                                       |
 5|              (5)   the probable costs and benefits to the agency      |
  |                                                                       |
 6|                   and to any other agency of the implementation and   |
  |                                                                       |
 7|                   enforcement of the proposed rule, and any           |
  |                                                                       |
 8|                   anticipated effect on state revenues, including a   |
  |                                                                       |
 9|                   projected net loss or gain in such revenues if it   |
  |                                                                       |
10|                   can be projected by the agency,                     |
  |                                                                       |
11|              (6)   a determination of whether implementation of the   |
  |                                                                       |
12|                   proposed rule may have an adverse economic effect   |
  |                                                                       |
13|                   on small business as provided by the Oklahoma       |
  |                                                                       |
14|                   Small Business Regulatory Flexibility Act,          |
  |                                                                       |
15|              (7)   an explanation of the measures the agency has      |
  |                                                                       |
16|                   taken to minimize compliance costs and a            |
  |                                                                       |
17|                   determination of whether there are less costly or   |
  |                                                                       |
18|                   nonregulatory methods or less intrusive methods     |
  |                                                                       |
19|                   for achieving the purpose of the proposed rule,     |
  |                                                                       |
20|              (8)   a determination of the effect of the proposed      |
  |                                                                       |
21|                   rule on the public health, safety and environment   |
  |                                                                       |
22|                   and, if the proposed rule is designed to reduce     |
  |                                                                       |
23|                   significant risks to the public health, safety      |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid2099462 (Floor Amendments Only)                               Page 20
___________________________________________________________________________

 1|                   and environment, an explanation of the nature of    |
  |                                                                       |
 2|                   the risk and to what extent the proposed rule       |
  |                                                                       |
 3|                   will reduce the risk,                               |
  |                                                                       |
 4|              (9)   a determination of any detrimental effect on the   |
  |                                                                       |
 5|                   public health, safety and environment if the        |
  |                                                                       |
 6|                   proposed rule is not implemented, and               |
  |                                                                       |
 7|             (10)   the date the rule impact statement was prepared    |
  |                                                                       |
 8|                   and if modified, the date modified.                 |
  |                                                                       |
 9|         c.    The rule impact statement shall be prepared on or       |
  |                                                                       |
10|              before the date the emergency rule is adopted;           |
  |                                                                       |
11|    3.  Be transmitted pursuant to Section 464 of Title 74 of the      |
  |                                                                       |
12|Oklahoma Statutes to the Governor, the Speaker of the Oklahoma House   |
  |                                                                       |
13|of Representatives and, the President Pro Tempore of the Senate and    |
  |                                                                       |
14|the chairs of the Joint Committee on Administrative Rules, along       |
  |                                                                       |
15|with the information required by this subsection within ten (10)       |
  |                                                                       |
16|days after the rule is adopted; and                                    |
  |                                                                       |
17|    4.  Not be invalidated on the ground that the contents of the      |
  |                                                                       |
18|rule impact statement are insufficient or inaccurate.                  |
  |                                                                       |
19|    C.  1.  Within forty-five (45) calendar days of receipt of a       |
  |                                                                       |
20|proposed emergency rule filed with the Governor, the Speaker of the    |
  |                                                                       |
21|Oklahoma House of Representatives and, the President Pro Tempore of    |
  |                                                                       |
22|the Senate and the chairs of the Joint Committee on Administrative     |
  |                                                                       |
23|Rules, the Governor shall review the demonstration of emergency        |
  |                                                                       |
24|pursuant to subsection A of this section, and shall separately         |
  |                                                                       |
arsid2099462 (Floor Amendments Only)                               Page 21
___________________________________________________________________________

 1|review the rule in accordance with the standards prescribed in         |
  |                                                                       |
 2|paragraph 3 of this subsection.                                        |
  |                                                                       |
 3|    2.  Prior to approval of emergency rules, the Governor shall       |
  |                                                                       |
 4|submit the emergency rule to the Secretary of State for review of      |
  |                                                                       |
 5|proper formatting.                                                     |
  |                                                                       |
 6|    3.  If the Governor determines the agency has established the      |
  |                                                                       |
 7|rule is necessary as an emergency measure pursuant to subsection A     |
  |                                                                       |
 8|of this section, the Governor shall approve the proposed emergency     |
  |                                                                       |
 9|rule if the rule is:                                                   |
  |                                                                       |
10|         a.    clear, concise and understandable,                      |
  |                                                                       |
11|         b.    within the power of the agency to make and within the   |
  |                                                                       |
12|              enacted legislative standards, and                       |
  |                                                                       |
13|         c.    made in compliance with the requirements of the         |
  |                                                                       |
14|              Administrative Procedures Act.                           |
  |                                                                       |
15|    D.  1.  Within the forty-five-calendar-day period set forth in     |
  |                                                                       |
16|paragraph 1 of subsection C of this section, the Governor may          |
  |                                                                       |
17|approve the emergency rule or disapprove the emergency rule.           |
  |                                                                       |
18|Failure of the Governor to approve an emergency rule within the        |
  |                                                                       |
19|specified period shall constitute disapproval of the emergency rule.   |
  |                                                                       |
20|    2.  If the Governor disapproves the adopted emergency rule, the    |
  |                                                                       |
21|Governor shall return the entire document to the agency with reasons   |
  |                                                                       |
22|for the disapproval.  If the agency elects to modify the rule, the     |
  |                                                                       |
23|agency shall adopt the modifications, and shall file the modified      |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid2099462 (Floor Amendments Only)                               Page 22
___________________________________________________________________________

 1|rule in accordance with the requirements of subsection B of this       |
  |                                                                       |
 2|section.                                                               |
  |                                                                       |
 3|    3.  Upon disapproval of an emergency rule, the Governor shall,     |
  |                                                                       |
 4|within fifteen (15) days, make written notification to the Speaker     |
  |                                                                       |
 5|of the House of Representatives, the President Pro Tempore of the      |
  |                                                                       |
 6|Senate, the chairs of the Joint Committee on Administrative Rules      |
  |                                                                       |
 7|and the Office of Administrative Rules.                                |
  |                                                                       |
 8|    E.  1.  Upon approval of an emergency rule, the Governor shall     |
  |                                                                       |
 9|immediately make written notification to the agency, the Speaker of    |
  |                                                                       |
10|the House of Representatives, the President Pro Tempore of the         |
  |                                                                       |
11|Senate, the chairs of the Joint Committee on Administrative Rules      |
  |                                                                       |
12|and the Office of Administrative Rules.  Upon receipt of the notice    |
  |                                                                       |
13|of the approval, the agency shall file with the Office of              |
  |                                                                       |
14|Administrative Rules as many copies of the notice of approval and      |
  |                                                                       |
15|the emergency rule as required by the Secretary.                       |
  |                                                                       |
16|    2.  Emergency rules shall be subject to legislative review         |
  |                                                                       |
17|pursuant to Section 308 of this title.                                 |
  |                                                                       |
18|    3.  The emergency rule shall be published in accordance with the   |
  |                                                                       |
19|provisions of Section 255 of this title in "The Oklahoma Register"     |
  |                                                                       |
20|following the approval by the Governor.  The Governor's approval and   |
  |                                                                       |
21|the approved rules shall be retained as official records by the        |
  |                                                                       |
22|Office of Administrative Rules.                                        |
  |                                                                       |
23|    F.  1.  Upon approval by the Governor, an emergency rule shall     |
  |                                                                       |
24|be considered promulgated and shall be in force immediately, or on     |
  |                                                                       |
arsid2099462 (Floor Amendments Only)                               Page 23
___________________________________________________________________________

 1|such later date as specified therein.  An emergency rule shall only    |
  |                                                                       |
 2|be applied prospectively from its effective date.                      |
  |                                                                       |
 3|    2.  The Except as otherwise provided in this subsection, the       |
  |                                                                       |
 4|emergency rule shall remain in full force and effect through the       |
  |                                                                       |
 5|first day of the next succeeding regular session of the Legislature    |
  |                                                                       |
 6|following promulgation of such emergency rule until September 14       |
  |                                                                       |
 7|following such session, unless it is made ineffective pursuant to      |
  |                                                                       |
 8|subsection H of this section.                                          |
  |                                                                       |
 9|    G.  No agency shall adopt any emergency rule which establishes     |
  |                                                                       |
10|or increases fees, except during such times as the Legislature is in   |
  |                                                                       |
11|session, unless specifically mandated by the Legislature or federal    |
  |                                                                       |
12|legislation, or when the failure to establish or increase fees would   |
  |                                                                       |
13|conflict with an order issued by a court of law.                       |
  |                                                                       |
14|    H.  1.  If an emergency rule is of a continuing nature, the        |
  |                                                                       |
15|agency promulgating such emergency rule shall initiate proceedings     |
  |                                                                       |
16|for promulgation of a permanent rule pursuant to Sections 303          |
  |                                                                       |
17|through 308.2 of this title.  If an emergency rule is superseded by    |
  |                                                                       |
18|another emergency rule prior to the enactment of a permanent rule,     |
  |                                                                       |
19|the latter emergency rule shall retain the same expiration date as     |
  |                                                                       |
20|the superseded emergency rule, unless otherwise authorized by the      |
  |                                                                       |
21|Legislature.                                                           |
  |                                                                       |
22|    2.  Any promulgated emergency rule shall be made ineffective if:   |
  |                                                                       |
23|         a.   disapproved by the Legislature,                          |
  |                                                                       |
24|         b.   superseded by the promulgation of permanent rules,       |
  |                                                                       |
arsid2099462 (Floor Amendments Only)                               Page 24
___________________________________________________________________________

 1|         c.   any adopted rules based upon such emergency rules are    |
  |                                                                       |
 2|              subsequently disapproved pursuant to Section 308 of      |
  |                                                                       |
 3|              this title, or                                           |
  |                                                                       |
 4|         d.   an earlier expiration date is specified by the agency    |
  |                                                                       |
 5|              in the rules.                                            |
  |                                                                       |
 6|    3.   a.   Emergency rules in effect on the first day of the        |
  |                                                                       |
 7|              session shall be null and void on September 15           |
  |                                                                       |
 8|              following sine die adjournment of the Legislature        |
  |                                                                       |
 9|              unless otherwise specifically provided by the            |
  |                                                                       |
10|              Legislature.                                             |
  |                                                                       |
11|         b.   Unless otherwise authorized by the Legislature, an       |
  |                                                                       |
12|              agency shall not adopt any emergency rule, which has     |
  |                                                                       |
13|              become null and void pursuant to subparagraph a of       |
  |                                                                       |
14|              this paragraph, as a new emergency rule or adopt any     |
  |                                                                       |
15|              emergency rules of similar scope or intent as the        |
  |                                                                       |
16|              emergency rules which became null and void pursuant to   |
  |                                                                       |
17|              subparagraph a of this paragraph.                        |
  |                                                                       |
18|    I.  Emergency rules shall not become effective unless approved     |
  |                                                                       |
19|by the Governor pursuant to the provisions of this section.            |
  |                                                                       |
20|    J.  1.  The requirements of Section 303 of this title relating     |
  |                                                                       |
21|to notice and hearing shall not be applicable to emergency rules       |
  |                                                                       |
22|promulgated pursuant to the provisions of this section.  Provided      |
  |                                                                       |
23|this shall not be construed to prevent an abbreviated notice and       |
  |                                                                       |
24|hearing process determined to be necessary by an agency.               |
  |                                                                       |
arsid2099462 (Floor Amendments Only)                               Page 25
___________________________________________________________________________

 1|    2.  The rule report required pursuant to Section 303.1 of this     |
  |                                                                       |
 2|title shall not be applicable to emergency rules promulgated           |
  |                                                                       |
 3|pursuant to the provisions of this section.  Provided this shall not   |
  |                                                                       |
 4|be construed to prevent an agency from complying with such             |
  |                                                                       |
 5|requirements at the discretion of such agency.                         |
  |                                                                       |
 6|    3.  The statement of submission required by Section 303.1 of       |
  |                                                                       |
 7|this title shall not be applicable to emergency rules promulgated      |
  |                                                                       |
 8|pursuant to the provisions of this section.                            |
  |                                                                       |
 9|    K.  Prior to approval or disapproval of an emergency rule by the   |
  |                                                                       |
10|Governor, an agency may withdraw from review an emergency rule         |
  |                                                                       |
11|submitted pursuant to the provisions of this section.  Notice of       |
  |                                                                       |
12|such withdrawal shall be given to the Governor, the Speaker of the     |
  |                                                                       |
13|House of Representatives, the President Pro Tempore of the Senate in   |
  |                                                                       |
14|accordance with the requirements set forth in Section 464 of Title     |
  |                                                                       |
15|74 and to the Office of Administrative Rules as required by the        |
  |                                                                       |
16|Secretary.  In order to be promulgated as emergency rules, any         |
  |                                                                       |
17|replacement rules shall be resubmitted pursuant to the provisions of   |
  |                                                                       |
18|this section.                                                          |
  |                                                                       |
19|    L.  Upon completing the requirements of this section, an agency    |
  |                                                                       |
20|may promulgate a proposed emergency rule.  No emergency rule is        |
  |                                                                       |
21|valid unless promulgated in substantial compliance with the            |
  |                                                                       |
22|provisions of this section.                                            |
  |                                                                       |
23|                                                                       |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid2099462 (Floor Amendments Only)                               Page 26
___________________________________________________________________________

 1|    M.  Emergency rules adopted by an agency or approved by the        |
  |                                                                       |
 2|Governor shall be subject to review pursuant to the provisions of      |
  |                                                                       |
 3|Section 306 of this title.                                             |
  |                                                                       |
 4|    SECTION 8.     AMENDATORY     75 O.S. 2011, Section 303, as        |
  |                                                                       |
 5|amended by Section 50, Chapter 227, O.S.L. 2013 (75 O.S. Supp. 2020,   |
  |                                                                       |
 6|Section 303), is amended to read as follows:                           |
  |                                                                       |
 7|    Section 303.  A.  Prior to the adoption of any rule or amendment   |
  |                                                                       |
 8|or revocation of a rule and except as provided for pursuant to the     |
  |                                                                       |
 9|expedited rule repeal process provided in Section 9 of this act, the   |
  |                                                                       |
10|agency shall:                                                          |
  |                                                                       |
11|    1.  Cause notice of any intended action to be published in "The    |
  |                                                                       |
12|Oklahoma Register" pursuant to subsection B of this section;           |
  |                                                                       |
13|    2.  For at least thirty (30) days after publication of the         |
  |                                                                       |
14|notice of the intended rulemaking action, afford a comment period      |
  |                                                                       |
15|for all interested persons to submit data, views or arguments,         |
  |                                                                       |
16|orally or in writing.  The agency shall consider fully all written     |
  |                                                                       |
17|and oral submissions respecting the proposed rule;                     |
  |                                                                       |
18|    3.  Hold a hearing, if required, as provided by subsection C of    |
  |                                                                       |
19|this section;                                                          |
  |                                                                       |
20|    4.  Consider the effect its intended action may have on the        |
  |                                                                       |
21|various types of business and governmental entities.  Except where     |
  |                                                                       |
22|such modification or variance is prohibited by statute or              |
  |                                                                       |
23|constitutional constraints, if an agency finds that its actions may    |
  |                                                                       |
24|adversely affect any such entity, the agency may modify its actions    |
  |                                                                       |
arsid2099462 (Floor Amendments Only)                               Page 27
___________________________________________________________________________

 1|to exclude that type of entity, or may "tier" its actions to allow     |
  |                                                                       |
 2|rules, penalties, fines or reporting procedures and forms to vary      |
  |                                                                       |
 3|according to the size of a business or governmental entity or its      |
  |                                                                       |
 4|ability to comply or both.  For business entities, the agency shall    |
  |                                                                       |
 5|include a description of the probable quantitative and qualitative     |
  |                                                                       |
 6|impact of the proposed rule, economic or otherwise, and use            |
  |                                                                       |
 7|quantifiable data to the extent possible, taking into account both     |
  |                                                                       |
 8|short-term and long-term consequences; and                             |
  |                                                                       |
 9|    5.  Consider the effect its intended action may have on the        |
  |                                                                       |
10|various types of consumer groups.  If an agency finds that its         |
  |                                                                       |
11|actions may adversely affect such groups, the agency may modify its    |
  |                                                                       |
12|actions to exclude that type of activity; and                          |
  |                                                                       |
13|     6.  When an agency provides notice pursuant to paragraph 1 of     |
  |                                                                       |
14|this subsection, the agency shall provide one (1) electronic copy of   |
  |                                                                       |
15|the complete text of the proposed rule, amendment or revocation and    |
  |                                                                       |
16|a copy of the notice to the Governor and to the appropriate cabinet    |
  |                                                                       |
17|secretary.  No agency may adopt any proposed rule, amendment or        |
  |                                                                       |
18|revocation if, within thirty (30) days from providing notice to the    |
  |                                                                       |
19|Governor and the appropriate cabinet secretary, the agency receives    |
  |                                                                       |
20|express written disapproval from the Governor or the cabinet           |
  |                                                                       |
21|secretary.  If the Governor or the cabinet secretary disapproves a     |
  |                                                                       |
22|rule, the affected agency shall be notified in writing of the          |
  |                                                                       |
23|reasons for disapproval.  If, after thirty (30) days of providing      |
  |                                                                       |
24|the notice to the Governor and the cabinet secretary, the agency has   |
  |                                                                       |
arsid2099462 (Floor Amendments Only)                               Page 28
___________________________________________________________________________

 1|not received an express written disapproval, the agency may proceed    |
  |                                                                       |
 2|with the rulemaking process.                                           |
  |                                                                       |
 3|    B.  The notice required by paragraph 1 of subsection A of this     |
  |                                                                       |
 4|section shall include, but not be limited to:                          |
  |                                                                       |
 5|    1.  In simple language, a brief summary of the rule;               |
  |                                                                       |
 6|    2.  The proposed action being taken;                               |
  |                                                                       |
 7|    3.  The circumstances which created the need for the rule;         |
  |                                                                       |
 8|    4.  The specific legal authority, including statutory citations,   |
  |                                                                       |
 9|authorizing the proposed rule;                                         |
  |                                                                       |
10|    5.  The intended effect of the rule;                               |
  |                                                                       |
11|    6.  If the agency determines that the rule affects business        |
  |                                                                       |
12|entities, a request that such entities provide the agency, within      |
  |                                                                       |
13|the comment period, in dollar amounts if possible, the increase in     |
  |                                                                       |
14|the level of direct costs such as fees, and indirect costs such as     |
  |                                                                       |
15|reporting, recordkeeping, equipment, construction, labor,              |
  |                                                                       |
16|professional services, revenue loss, or other costs expected to be     |
  |                                                                       |
17|incurred by a particular entity due to compliance with the proposed    |
  |                                                                       |
18|rule;                                                                  |
  |                                                                       |
19|    7.  The time when, the place where, and the manner in which        |
  |                                                                       |
20|interested persons may present their views thereon pursuant to         |
  |                                                                       |
21|paragraph 3 of subsection A of this section;                           |
  |                                                                       |
22|    8.  Whether or not the agency intends to issue a rule impact       |
  |                                                                       |
23|statement according to subsection D of this section and where copies   |
  |                                                                       |
24|of such impact statement may be obtained for review by the public;     |
  |                                                                       |
arsid2099462 (Floor Amendments Only)                               Page 29
___________________________________________________________________________

 1|    9.  The time when, the place where, and the manner in which        |
  |                                                                       |
 2|persons may demand a hearing on the proposed rule if the notice does   |
  |                                                                       |
 3|not already provide for a hearing.  If the notice provides for a       |
  |                                                                       |
 4|hearing, the time and place of the hearing shall be specified in the   |
  |                                                                       |
 5|notice; and                                                            |
  |                                                                       |
 6|    10.  Where copies of the proposed rules may be obtained for        |
  |                                                                       |
 7|review by the public.  An agency may charge persons for the actual     |
  |                                                                       |
 8|cost of mailing a copy of the proposed rules to such persons.          |
  |                                                                       |
 9|    The number of copies of such notice as specified by the            |
  |                                                                       |
10|Secretary shall be submitted to the Secretary who shall publish the    |
  |                                                                       |
11|notice in "The Oklahoma Register" pursuant to the provisions of        |
  |                                                                       |
12|Section 255 of this title.                                             |
  |                                                                       |
13|    Prior to or within three (3) days after publication of the         |
  |                                                                       |
14|notice in "The Oklahoma Register", the agency shall cause a copy of    |
  |                                                                       |
15|the notice of the proposed rule adoption and the rule impact           |
  |                                                                       |
16|statement, if available, to be mailed to all persons who have made a   |
  |                                                                       |
17|timely request of the agency for advance notice of its rulemaking      |
  |                                                                       |
18|proceedings.  Provided, in lieu of mailing copies, an agency may       |
  |                                                                       |
19|electronically notify interested persons that a copy of the proposed   |
  |                                                                       |
20|rule and the rule impact statement, if available, may be viewed on     |
  |                                                                       |
21|the agency's website.  If an agency posts a copy of the proposed       |
  |                                                                       |
22|rule and rule impact statement on its website, the agency shall not    |
  |                                                                       |
23|charge persons for the cost of downloading or printing the proposed    |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid2099462 (Floor Amendments Only)                               Page 30
___________________________________________________________________________

 1|rule or impact statement.  Each agency shall maintain a listing of     |
  |                                                                       |
 2|persons or entities requesting such notice.                            |
  |                                                                       |
 3|    C.  1.  If the published notice does not already provide for a     |
  |                                                                       |
 4|hearing, an agency shall schedule a hearing on a proposed rule if,     |
  |                                                                       |
 5|within thirty (30) days after the published notice of the proposed     |
  |                                                                       |
 6|rule adoption, a written request for a hearing is submitted by:        |
  |                                                                       |
 7|         a.   at least ten persons,                                    |
  |                                                                       |
 8|         b.   a political subdivision,                                 |
  |                                                                       |
 9|         c.   an agency, or                                            |
  |                                                                       |
10|         d.   an association having not less than twenty-five          |
  |                                                                       |
11|              members.                                                 |
  |                                                                       |
12|    At that hearing persons may present oral argument, data, and       |
  |                                                                       |
13|views on the proposed rule.                                            |
  |                                                                       |
14|    2.  A hearing on a proposed rule may not be held earlier than      |
  |                                                                       |
15|thirty (30) days after notice of the hearing is published pursuant     |
  |                                                                       |
16|to subsection B of this section.                                       |
  |                                                                       |
17|    3.  The provisions of this subsection shall not be construed to    |
  |                                                                       |
18|prevent an agency from holding a hearing or hearings on the proposed   |
  |                                                                       |
19|rule although not required by the provisions of this subsection;       |
  |                                                                       |
20|provided that notice of such hearing shall be published in "The        |
  |                                                                       |
21|Oklahoma Register" at least thirty (30) days prior to such hearing.    |
  |                                                                       |
22|    D.  1.  Except as otherwise provided in this subsection, an        |
  |                                                                       |
23|agency shall issue a rule impact statement of a proposed rule prior    |
  |                                                                       |
24|to or within fifteen (15) days after the date of publication of the    |
  |                                                                       |
arsid2099462 (Floor Amendments Only)                               Page 31
___________________________________________________________________________

 1|notice of proposed rule adoption.  The rule impact statement may be    |
  |                                                                       |
 2|modified after any hearing or comment period afforded pursuant to      |
  |                                                                       |
 3|the provisions of this section.                                        |
  |                                                                       |
 4|    2.  Except as otherwise provided in this subsection, the rule      |
  |                                                                       |
 5|impact statement shall include, but not be limited to:                 |
  |                                                                       |
 6|         a.   a brief description of the purpose of the proposed       |
  |                                                                       |
 7|              rule,                                                    |
  |                                                                       |
 8|         b.   a description of the classes of persons who most         |
  |                                                                       |
 9|              likely will be affected by the proposed rule,            |
  |                                                                       |
10|              including classes that will bear the costs of the        |
  |                                                                       |
11|              proposed rule, and any information on cost impacts       |
  |                                                                       |
12|              received by the agency from any private or public        |
  |                                                                       |
13|              entities,                                                |
  |                                                                       |
14|         c.   a description of the classes of persons who will         |
  |                                                                       |
15|              benefit from the proposed rule,                          |
  |                                                                       |
16|         d.   a description of the probable economic impact of the     |
  |                                                                       |
17|              proposed rule upon affected classes of persons or        |
  |                                                                       |
18|              political subdivisions, including a listing of all fee   |
  |                                                                       |
19|              changes and, whenever possible, a separate               |
  |                                                                       |
20|              justification for each fee change,                       |
  |                                                                       |
21|         e.   the probable costs and benefits to the agency and to     |
  |                                                                       |
22|              any other agency of the implementation and enforcement   |
  |                                                                       |
23|              of the proposed rule, the source of revenue to be used   |
  |                                                                       |
24|              for implementation and enforcement of the proposed       |
  |                                                                       |
arsid2099462 (Floor Amendments Only)                               Page 32
___________________________________________________________________________

 1|              rule, and any anticipated effect on state revenues,      |
  |                                                                       |
 2|              including a projected net loss or gain in such           |
  |                                                                       |
 3|              revenues if it can be projected by the agency,           |
  |                                                                       |
 4|         f.   a determination of whether implementation of the         |
  |                                                                       |
 5|              proposed rule will have an economic impact on any        |
  |                                                                       |
 6|              political subdivisions or require their cooperation in   |
  |                                                                       |
 7|              implementing or enforcing the rule,                      |
  |                                                                       |
 8|         g.   a determination of whether implementation of the         |
  |                                                                       |
 9|              proposed rule may have an adverse economic effect on     |
  |                                                                       |
10|              small business as provided by the Oklahoma Small         |
  |                                                                       |
11|              Business Regulatory Flexibility Act,                     |
  |                                                                       |
12|         h.   an explanation of the measures the agency has taken to   |
  |                                                                       |
13|              minimize compliance costs and a determination of         |
  |                                                                       |
14|              whether there are less costly or nonregulatory methods   |
  |                                                                       |
15|              or less intrusive methods for achieving the purpose of   |
  |                                                                       |
16|              the proposed rule,                                       |
  |                                                                       |
17|         i.   a determination of the effect of the proposed rule on    |
  |                                                                       |
18|              the public health, safety and environment and, if the    |
  |                                                                       |
19|              proposed rule is designed to reduce significant risks    |
  |                                                                       |
20|              to the public health, safety and environment, an         |
  |                                                                       |
21|              explanation of the nature of the risk and to what        |
  |                                                                       |
22|              extent the proposed rule will reduce the risk,           |
  |                                                                       |
23|                                                                       |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid2099462 (Floor Amendments Only)                               Page 33
___________________________________________________________________________

 1|         j.   a determination of any detrimental effect on the         |
  |                                                                       |
 2|              public health, safety and environment if the proposed    |
  |                                                                       |
 3|              rule is not implemented, and                             |
  |                                                                       |
 4|         k.   the date the rule impact statement was prepared and if   |
  |                                                                       |
 5|              modified, the date modified.                             |
  |                                                                       |
 6|    3.  To the extent an agency for good cause finds the preparation   |
  |                                                                       |
 7|of a rule impact statement or the specified contents thereof are       |
  |                                                                       |
 8|unnecessary or contrary to the public interest in the process of       |
  |                                                                       |
 9|adopting a particular rule, the agency may request the Governor to     |
  |                                                                       |
10|waive such requirement.  Such request shall be in writing and shall    |
  |                                                                       |
11|state the agency's findings and the justification for such findings.   |
  |                                                                       |
12| Upon request by an agency, the Governor may also waive the rule       |
  |                                                                       |
13|impact statement requirements if the agency is required to implement   |
  |                                                                       |
14|a statute or federal requirement that does not require an agency to    |
  |                                                                       |
15|interpret or describe the requirements, such as federally mandated     |
  |                                                                       |
16|provisions which afford the agency no discretion to consider less      |
  |                                                                       |
17|restrictive alternatives.  If the Governor fails to waive such         |
  |                                                                       |
18|requirement, in writing, prior to publication of the notice of the     |
  |                                                                       |
19|intended rulemaking action, the rule impact statement shall be         |
  |                                                                       |
20|completed.  The determination to waive the rule impact statement       |
  |                                                                       |
21|shall not be subject to judicial review.                               |
  |                                                                       |
22|    4.  The rule shall not be invalidated on the ground that the       |
  |                                                                       |
23|contents of the rule impact statement are insufficient or              |
  |                                                                       |
24|inaccurate.                                                            |
  |                                                                       |
arsid2099462 (Floor Amendments Only)                               Page 34
___________________________________________________________________________

 1|    E.  Upon completing the requirements of this section, an agency    |
  |                                                                       |
 2|may adopt a proposed rule.  No rule is valid unless adopted in         |
  |                                                                       |
 3|substantial compliance with the provisions of this section.            |
  |                                                                       |
 4|    SECTION 9.     NEW LAW     A new section of law to be codified     |
  |                                                                       |
 5|in the Oklahoma Statutes as Section 303a of Title 75, unless there     |
  |                                                                       |
 6|is created a duplication in numbering, reads as follows:               |
  |                                                                       |
 7|    A.  Upon request by a rulemaking agency, an expedited rule         |
  |                                                                       |
 8|repeal process may be utilized when such rule or rules meet the        |
  |                                                                       |
 9|criteria pursuant to this section.                                     |
  |                                                                       |
10|    B.  Beginning on February 1, 2022, and every year thereafter, a    |
  |                                                                       |
11|rulemaking agency may initiate a request for expedited repeal of a     |
  |                                                                       |
12|rule or rules when:                                                    |
  |                                                                       |
13|    1.  A request by the agency is submitted electronically to the     |
  |                                                                       |
14|President Pro Tempore of the Senate and the Speaker of the House of    |
  |                                                                       |
15|Representatives.  The request shall be assigned to the Joint           |
  |                                                                       |
16|Committee on Administrative Rules to conduct the repeal process;       |
  |                                                                       |
17|    2.  A copy of the rule or rules is provided along with a           |
  |                                                                       |
18|statement indicating one of the following:                             |
  |                                                                       |
19|         a.    a rule is duplicate,                                    |
  |                                                                       |
20|         b.    the rule is obsolete,                                   |
  |                                                                       |
21|         c.    the rule is no longer enforced,                         |
  |                                                                       |
22|         d.    the rule is no longer in compliance with state or       |
  |                                                                       |
23|              federal law,                                             |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid2099462 (Floor Amendments Only)                               Page 35
___________________________________________________________________________

 1|         e.    the rule is no longer in compliance with federal        |
  |                                                                       |
 2|              regulation, or                                           |
  |                                                                       |
 3|         f.    the rule does not affect substantive rights of the      |
  |                                                                       |
 4|              regulated community;                                     |
  |                                                                       |
 5|    3.  The agency provides notice in the "Oklahoma Register" in a     |
  |                                                                       |
 6|format reasonably calculated to provide notice to persons interested   |
  |                                                                       |
 7|in the rule; and                                                       |
  |                                                                       |
 8|    4.  For at least ten (10) days after publication of the notice     |
  |                                                                       |
 9|of the intended action, afford a comment period for all interested     |
  |                                                                       |
10|persons.  The agency shall consider fully all written and oral         |
  |                                                                       |
11|submissions respecting the proposed rule.                              |
  |                                                                       |
12|    C.  Upon completion of the comment period, the committee may       |
  |                                                                       |
13|schedule a hearing on the agency rule proposal.  If the Committee      |
  |                                                                       |
14|approves the repeal by concurrent majority, it shall be presented to   |
  |                                                                       |
15|the Legislature for final approval.                                    |
  |                                                                       |
16|    No request for an expedited repeal shall be initiated after May    |
  |                                                                       |
17|1.  Upon final legislative adoption, the agency shall comply with      |
  |                                                                       |
18|additional publication requirements as provided by law.                |
  |                                                                       |
19|    An agency, at any point prior to final legislative adoption, may   |
  |                                                                       |
20|withdraw the expedited agency rule repeal request.                     |
  |                                                                       |
21|    SECTION 10.     AMENDATORY     75 O.S. 2011, Section 303.1, as     |
  |                                                                       |
22|amended by Section 2, Chapter 252, O.S.L. 2016 (75 O.S. Supp. 2020,    |
  |                                                                       |
23|Section 303.1), is amended to read as follows:                         |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid2099462 (Floor Amendments Only)                               Page 36
___________________________________________________________________________

 1|    Section 303.1.  A.  Within ten (10) days after adoption of a       |
  |                                                                       |
 2|permanent rule, the agency shall file two copies of the following      |
  |                                                                       |
 3|with the Governor, the Speaker of the House of Representatives and,    |
  |                                                                       |
 4|the President Pro Tempore of the Senate and the chairs of the Joint    |
  |                                                                       |
 5|Committee on Administrative Rules:  all such new rules or              |
  |                                                                       |
 6|amendments; revisions or revocations to an existing rule proposed by   |
  |                                                                       |
 7|an agency; and the agency rule report as required by subsection E of   |
  |                                                                       |
 8|this section.                                                          |
  |                                                                       |
 9|    B.  If the agency determines in the rule impact statement          |
  |                                                                       |
10|prepared as part of the agency rule report that the proposed rule      |
  |                                                                       |
11|will have an economic impact on any political subdivisions or          |
  |                                                                       |
12|require their cooperation in implementing or enforcing a proposed      |
  |                                                                       |
13|permanent rule, a copy of the proposed rule and rule report shall be   |
  |                                                                       |
14|filed within ten (10) days after adoption of the permanent rule with   |
  |                                                                       |
15|the Oklahoma Advisory Committee on Intergovernmental Relations for     |
  |                                                                       |
16|its review.  Said The Committee may communicate any recommendations    |
  |                                                                       |
17|that it may deem necessary to the Governor, the Speaker of the House   |
  |                                                                       |
18|of Representatives and President Pro Tempore of the Senate during      |
  |                                                                       |
19|the period that the permanent rules are being reviewed.                |
  |                                                                       |
20|    C.  When the rules have been submitted to the Governor, the        |
  |                                                                       |
21|Speaker of the House of Representatives and, the President Pro         |
  |                                                                       |
22|Tempore of the Senate and chairs of the Joint Committee on             |
  |                                                                       |
23|Administrative Rules, the agency shall also submit to the Office of    |
  |                                                                       |
24|Administrative Rules for publication in "The Oklahoma Register", a     |
  |                                                                       |
arsid2099462 (Floor Amendments Only)                               Page 37
___________________________________________________________________________

 1|statement that the adopted rules have been submitted to the Governor   |
  |                                                                       |
 2|and the Legislature.                                                   |
  |                                                                       |
 3|    D.  The text of the adopted rules shall be submitted to the        |
  |                                                                       |
 4|Governor, the Speaker of the House of Representatives and the          |
  |                                                                       |
 5|President Pro Tempore of the Senate in the same format as required     |
  |                                                                       |
 6|by the Secretary pursuant to Section 251 of this title.                |
  |                                                                       |
 7|    E.  The report required by subsection A of this section shall      |
  |                                                                       |
 8|include:                                                               |
  |                                                                       |
 9|    1.  The date the notice of the intended rulemaking action was      |
  |                                                                       |
10|published in "The Oklahoma Register" pursuant to Section 255 of this   |
  |                                                                       |
11|title;                                                                 |
  |                                                                       |
12|    2.  The name and address of the agency;                            |
  |                                                                       |
13|    3.  The title and number of the rule;                              |
  |                                                                       |
14|    4.  A citation to the constitutional or statutory authority for    |
  |                                                                       |
15|the rule;                                                              |
  |                                                                       |
16|    5.  The citation to any federal or state law, court ruling, or     |
  |                                                                       |
17|any other authority requiring the rule;                                |
  |                                                                       |
18|    6.  A statement of the gist of the rule and or a brief summary     |
  |                                                                       |
19|of the content of the adopted rule;                                    |
  |                                                                       |
20|    7.  A statement explaining the need for the adopted rule;          |
  |                                                                       |
21|    8.  The date and location of the meeting, if held, at which such   |
  |                                                                       |
22|rules were adopted or the date and location when the rules were        |
  |                                                                       |
23|adopted if the rulemaking agency is not required to hold a meeting     |
  |                                                                       |
24|to adopt rules;                                                        |
  |                                                                       |
arsid2099462 (Floor Amendments Only)                               Page 38
___________________________________________________________________________

 1|    9.  A summary of the comments and explanation of changes or lack   |
  |                                                                       |
 2|of any change made in the adopted rules as a result of testimony       |
  |                                                                       |
 3|received at all hearings or meetings held or sponsored by an agency    |
  |                                                                       |
 4|for the purpose of providing the public an opportunity to comment on   |
  |                                                                       |
 5|the rules or of any written comments received prior to the adoption    |
  |                                                                       |
 6|of the rule.  The summary shall include all comments received about    |
  |                                                                       |
 7|the cost impact of the proposed rules;                                 |
  |                                                                       |
 8|    10.  A list of persons or organizations who appeared or            |
  |                                                                       |
 9|registered for or against the adopted rule at any public hearing       |
  |                                                                       |
10|held by the agency or those who have commented in writing before or    |
  |                                                                       |
11|after the hearing;                                                     |
  |                                                                       |
12|    11.  A rule impact statement if required pursuant to Section 303   |
  |                                                                       |
13|of this title;                                                         |
  |                                                                       |
14|    12.  An incorporation by reference statement if the rule           |
  |                                                                       |
15|incorporates a set of rules from a body outside the state, such as a   |
  |                                                                       |
16|national code;                                                         |
  |                                                                       |
17|    13.  The members of the governing board of the agency adopting     |
  |                                                                       |
18|the rules and the recorded vote of each member;                        |
  |                                                                       |
19|    14.  The proposed effective date of the rules, if an effective     |
  |                                                                       |
20|date is required pursuant to paragraph 1 of subsection B of Section    |
  |                                                                       |
21|304 of this title; and                                                 |
  |                                                                       |
22|    15.  Any other information requested by the Governor, the          |
  |                                                                       |
23|Speaker of the House of Representatives, the President Pro Tempore     |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid2099462 (Floor Amendments Only)                               Page 39
___________________________________________________________________________

 1|of the Senate or either rule review committee the Joint Committee on   |
  |                                                                       |
 2|Administrative Rules.                                                  |
  |                                                                       |
 3|    SECTION 11.     AMENDATORY     75 O.S. 2011, Section 305, is       |
  |                                                                       |
 4|amended to read as follows:                                            |
  |                                                                       |
 5|    Section 305.  An interested person may petition an agency          |
  |                                                                       |
 6|requesting the promulgation, amendment, or repeal of a rule.  Each     |
  |                                                                       |
 7|agency shall prescribe by rule the form for petitions and the          |
  |                                                                       |
 8|procedure for their submission, consideration, and disposition.  The   |
  |                                                                       |
 9|Within thirty (30) calendar days after submission of a petition, the   |
  |                                                                       |
10|agency shall act upon said petition within a reasonable time.  If,     |
  |                                                                       |
11|within thirty (30) calendar days after submission of a petition, the   |
  |                                                                       |
12|agency has not initiated initiate rulemaking proceedings in            |
  |                                                                       |
13|accordance with the Administrative Procedures Act, the petition        |
  |                                                                       |
14|shall be deemed to have been denied or provide a written response      |
  |                                                                       |
15|and explanation of its failure to initiate rulemaking proceedings.     |
  |                                                                       |
16|    SECTION 12.     AMENDATORY     75 O.S. 2011, Section 307.1, is     |
  |                                                                       |
17|amended to read as follows:                                            |
  |                                                                       |
18|    Section 307.1.  A.  The Speaker of the House of Representatives    |
  |                                                                       |
19|and the President Pro Tempore of the Senate may each shall establish   |
  |                                                                       |
20|a joint rule review committee or designate standing committees of      |
  |                                                                       |
21|each such house to review administrative rules to be designated as     |
  |                                                                       |
22|the Joint Committee on Administrative Rules.                           |
  |                                                                       |
23|    B.  Such committees may The President Pro Tempore and the          |
  |                                                                       |
24|Speaker shall appoint current members of the Senate and House of       |
  |                                                                       |
arsid2099462 (Floor Amendments Only)                               Page 40
___________________________________________________________________________

 1|Representatives to the Committee.  The President Pro Tempore and       |
  |                                                                       |
 2|Speaker shall designate one of their respective appointments as        |
  |                                                                       |
 3|co-chair of the Committee.                                             |
  |                                                                       |
 4|    C.  A quorum shall be required to conduct any business of the      |
  |                                                                       |
 5|Committee.  A quorum shall be a majority of the Senate members of      |
  |                                                                       |
 6|the Committee and a majority of the House members of the Committee.    |
  |                                                                       |
 7|    D.  The Committee shall meet separately or jointly at any time,    |
  |                                                                       |
 8|as needed and during sessions of the Legislature and at regular        |
  |                                                                       |
 9|intervals in the interim.                                              |
  |                                                                       |
10|    C. E.  The function of the committees so established or            |
  |                                                                       |
11|designated Committee shall be the review and promotion of adequate     |
  |                                                                       |
12|and proper rules by agencies and developing an understanding on the    |
  |                                                                       |
13|part of the public respecting such rules.  Such function shall be      |
  |                                                                       |
14|advisory only of all adopted agency administrative rules including     |
  |                                                                       |
15|recommending by concurrent majority an approval or disapproval of      |
  |                                                                       |
16|each proposed rule to the Legislature.  The Committee may also         |
  |                                                                       |
17|recommend by concurrent majority an agency amend or further consider   |
  |                                                                       |
18|a proposed rule.                                                       |
  |                                                                       |
19|    Each committee may review all adopted rules and such other rules   |
  |                                                                       |
20|the committee deems appropriate and may make recommendations           |
  |                                                                       |
21|concerning such rules to their respective house of the Legislature,    |
  |                                                                       |
22|or to the agency adopting the rule, or to both their respective        |
  |                                                                       |
23|house of the Legislature and the agency                                |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid2099462 (Floor Amendments Only)                               Page 41
___________________________________________________________________________

 1|    F.  The Committee shall approve or disapprove by concurrent        |
  |                                                                       |
 2|majority a repeal of rules under the expedited repeal process          |
  |                                                                       |
 3|pursuant to this act.  Such rules shall be presented to the            |
  |                                                                       |
 4|Legislature for final approval for repeal.                             |
  |                                                                       |
 5|    D. G.  In addition to the review of agency-adopted rules           |
  |                                                                       |
 6|pursuant to this act, each such committee the Committee shall have     |
  |                                                                       |
 7|the power and duty to:                                                 |
  |                                                                       |
 8|    1.  Conduct a continuous study and investigations as to whether    |
  |                                                                       |
 9|additional legislation or changes in legislation are needed based on   |
  |                                                                       |
10|various factors, including but not limited to, review of proposed      |
  |                                                                       |
11|rules, review of existing rules including but not limited to           |
  |                                                                       |
12|consideration of amendments to or repeal of existing rules, the lack   |
  |                                                                       |
13|of rules, the ability of agencies to promulgate such rules, the        |
  |                                                                       |
14|burden of administrative rules on the regulated community and the      |
  |                                                                       |
15|needs of administrative agencies;                                      |
  |                                                                       |
16|    2.  Conduct a continuous study of the rulemaking process of all    |
  |                                                                       |
17|state agencies including those agencies exempted by Section 250.4 of   |
  |                                                                       |
18|this title for the purpose of improving the rulemaking process;        |
  |                                                                       |
19|    3.  Conduct such other studies and investigations relating to      |
  |                                                                       |
20|rules as may be determined to be necessary by the committee            |
  |                                                                       |
21|Committee; and                                                         |
  |                                                                       |
22|    4.  Monitor and investigate compliance of agencies with the        |
  |                                                                       |
23|provisions of the Administrative Procedures Act, make periodic         |
  |                                                                       |
24|investigations of the rulemaking activities of all agencies and        |
  |                                                                       |
arsid2099462 (Floor Amendments Only)                               Page 42
___________________________________________________________________________

 1|evaluate and report on all rules in terms of their propriety, legal    |
  |                                                                       |
 2|adequacy, relation to constitutional or statutory authorization,       |
  |                                                                       |
 3|economic and budgetary effects and public policy.                      |
  |                                                                       |
 4|    SECTION 13.     AMENDATORY     75 O.S. 2011, Section 308, as       |
  |                                                                       |
 5|amended by Section 4, Chapter 357, O.S.L. 2013 (75 O.S. Supp. 2020,    |
  |                                                                       |
 6|Section 308), is amended to read as follows:                           |
  |                                                                       |
 7|    Section 308.  A.  Upon receipt of any adopted rules, the Speaker   |
  |                                                                       |
 8|of the House of Representatives and the President Pro Tempore of the   |
  |                                                                       |
 9|Senate shall assign such rules to the appropriate committees of each   |
  |                                                                       |
10|house of the Legislature for review Joint Committee on                 |
  |                                                                       |
11|Administrative Rules.  Except as otherwise provided by this section:   |
  |                                                                       |
12|    1.  If such rules are received on or before April 1, the           |
  |                                                                       |
13|Legislature shall have until the last day of the regular legislative   |
  |                                                                       |
14|session of that year to review such rules act on the recommendations   |
  |                                                                       |
15|of the Joint Committee on Administrative Rules; and                    |
  |                                                                       |
16|    2.  If such rules are received after April 1, the Legislature      |
  |                                                                       |
17|shall have until the last day of the regular legislative session of    |
  |                                                                       |
18|the next year to review such rules act on the recommendations of the   |
  |                                                                       |
19|Joint Committee on Administrative Rules.                               |
  |                                                                       |
20|    B.  By the adoption of a joint resolution resolutions during the   |
  |                                                                       |
21|review period specified in subsection A of this section, the           |
  |                                                                       |
22|Legislature may disapprove or approve any rule, disapprove all or      |
  |                                                                       |
23|part of a rule or rules and disapprove or approve the repeal of        |
  |                                                                       |
24|rules under the expedited repeal process pursuant to this act.         |
  |                                                                       |
arsid2099462 (Floor Amendments Only)                               Page 43
___________________________________________________________________________

 1|Rules under consideration at a meeting of the Joint Committee on       |
  |                                                                       |
 2|Administrative Rules during the interim may be acted upon by the       |
  |                                                                       |
 3|Legislature at any time during session.                                |
  |                                                                       |
 4|    C.  Unless otherwise authorized by the Legislature, whenever a     |
  |                                                                       |
 5|rule is disapproved as provided in subsection B of this section, the   |
  |                                                                       |
 6|agency adopting such rules shall not have authority to resubmit an     |
  |                                                                       |
 7|identical rule, except during the first sixty (60) calendar days of    |
  |                                                                       |
 8|the next regular legislative session.  Any effective emergency rule    |
  |                                                                       |
 9|which would have been superseded by a disapproved permanent rule       |
  |                                                                       |
10|shall be deemed null and void on the date the Legislature              |
  |                                                                       |
11|disapproves the permanent rule.  Rules may be disapproved in part or   |
  |                                                                       |
12|in whole by the Legislature.  Upon enactment of any joint resolution   |
  |                                                                       |
13|disapproving a rule, the agency shall file notice of such              |
  |                                                                       |
14|legislative disapproval with the Secretary for publication in "The     |
  |                                                                       |
15|Oklahoma Register".                                                    |
  |                                                                       |
16|    D.  Unless otherwise provided by specific vote of the              |
  |                                                                       |
17|Legislature, joint resolutions introduced for purposes of              |
  |                                                                       |
18|disapproving or approving a rule or the omnibus joint resolution       |
  |                                                                       |
19|described in Section 6 308.3 of this act title shall not be subject    |
  |                                                                       |
20|to regular legislative cutoff dates, shall be limited to such          |
  |                                                                       |
21|provisions as may be necessary for disapproval or approval of a        |
  |                                                                       |
22|rule, and any such other direction or mandate regarding the rule       |
  |                                                                       |
23|deemed necessary by the Legislature.  The resolution shall contain     |
  |                                                                       |
24|no other provisions.                                                   |
  |                                                                       |
arsid2099462 (Floor Amendments Only)                               Page 44
___________________________________________________________________________

 1|    E.  A proposed permanent rule shall be deemed finally adopted      |
  |                                                                       |
 2|if:                                                                    |
  |                                                                       |
 3|    1.  Approved by the Legislature pursuant to Section 6 of this      |
  |                                                                       |
 4|act, provided that any such joint resolution becomes law in            |
  |                                                                       |
 5|accordance with Section 11 of Article VI of the Oklahoma               |
  |                                                                       |
 6|Constitution;                                                          |
  |                                                                       |
 7|    2.  Approved by the Governor pursuant to subsection D of Section   |
  |                                                                       |
 8|6 of this act;                                                         |
  |                                                                       |
 9|    3.  Approved by a joint resolution pursuant to subsection B of     |
  |                                                                       |
10|this section, provided that any such resolution becomes law in         |
  |                                                                       |
11|accordance with Section 11 of Article VI of the Oklahoma               |
  |                                                                       |
12|Constitution; or                                                       |
  |                                                                       |
13|    4. 3.  Disapproved by a joint resolution pursuant to subsection    |
  |                                                                       |
14|B of this section or Section 6 308.3 of this act title which has       |
  |                                                                       |
15|been vetoed by the Governor in accordance with Section 11 of Article   |
  |                                                                       |
16|VI of the Oklahoma Constitution and the veto has not been              |
  |                                                                       |
17|overridden.                                                            |
  |                                                                       |
18|    F.  Prior to final adoption of a rule, an agency may withdraw a    |
  |                                                                       |
19|rule from legislative review.  Notice of such withdrawal shall be      |
  |                                                                       |
20|given to the Governor, the Speaker of the House of Representatives,    |
  |                                                                       |
21|the President Pro Tempore of the Senate, and to the Secretary for      |
  |                                                                       |
22|publication in "The Oklahoma Register".                                |
  |                                                                       |
23|    G.  An agency may promulgate an emergency rule only pursuant to    |
  |                                                                       |
24|Section 253 of this title.                                             |
  |                                                                       |
arsid2099462 (Floor Amendments Only)                               Page 45
___________________________________________________________________________

 1|    H.  Any rights, privileges, or interests gained by any person by   |
  |                                                                       |
 2|operation of an emergency rule, shall not be affected by reason of     |
  |                                                                       |
 3|any subsequent disapproval or rejection of such rule by either house   |
  |                                                                       |
 4|of the Legislature.                                                    |
  |                                                                       |
 5|    SECTION 14.     AMENDATORY     Section 6, Chapter 357, O.S.L.      |
  |                                                                       |
 6|2013 (75 O.S. Supp. 2020, Section 308.3), is amended to read as        |
  |                                                                       |
 7|follows:                                                               |
  |                                                                       |
 8|    Section 308.3.  A.  The Legislature shall have an omnibus joint    |
  |                                                                       |
 9|resolution resolutions prepared for consideration each session.        |
  |                                                                       |
10|    B.  The joint resolution shall be substantially in the following   |
  |                                                                       |
11|form:  "All proposed permanent rules of Oklahoma state agencies        |
  |                                                                       |
12|filed on or before April 1 are hereby approved except for the          |
  |                                                                       |
13|following:".                                                           |
  |                                                                       |
14|    C.  For the purpose of this section, a proposed permanent rule     |
  |                                                                       |
15|may be disapproved, in whole or in part, in the omnibus a joint        |
  |                                                                       |
16|resolution considered by the Legislature.                              |
  |                                                                       |
17|    D.  1.  If an agency believes that a rule has not been approved    |
  |                                                                       |
18|by the Legislature pursuant to this section and should be approved     |
  |                                                                       |
19|and finally adopted, the agency may seek the Governor's declaration    |
  |                                                                       |
20|approving the rule.                                                    |
  |                                                                       |
21|    2.  In seeking the approval of a proposed permanent rule, the      |
  |                                                                       |
22|agency shall submit a petition to the Governor that affirmatively      |
  |                                                                       |
23|states:                                                                |
  |                                                                       |
24|         a.    the rule is necessary, and                              |
  |                                                                       |
arsid2099462 (Floor Amendments Only)                               Page 46
___________________________________________________________________________

 1|         b.    a citation to the source of its authority to make the   |
  |                                                                       |
 2|              rule.                                                    |
  |                                                                       |
 3|    3.   a.    If the Governor finds that the necessity does exist,    |
  |                                                                       |
 4|              and that the agency has the authority to make the        |
  |                                                                       |
 5|              rule, the Governor may declare the rule to be approved   |
  |                                                                       |
 6|              and finally adopted by publishing that declaration in    |
  |                                                                       |
 7|              "The Oklahoma Register" on or before July 17 of that     |
  |                                                                       |
 8|              year.                                                    |
  |                                                                       |
 9|         b.    The declaration shall set forth the rule to be          |
  |                                                                       |
10|              approved, the reasons the approval is necessary, and a   |
  |                                                                       |
11|              citation to the source of the agency's authority to      |
  |                                                                       |
12|              make the rule.                                           |
  |                                                                       |
13|    4. C.  If the omnibus any rule received on or before April 1 is    |
  |                                                                       |
14|not subject to a joint resolution fails to pass passed by both         |
  |                                                                       |
15|houses of the Legislature and be signed by the Governor or is found    |
  |                                                                       |
16|by the Governor to have a technical legal defect preventing approval   |
  |                                                                       |
17|of administrative rules intended to be approved by the Legislature,    |
  |                                                                       |
18|the Governor may declare all any rules received on or before April 1   |
  |                                                                       |
19|and not subject to a joint resolution passed by both houses of the     |
  |                                                                       |
20|Legislature to be approved or disapproved and finally adopted by       |
  |                                                                       |
21|publishing a single declaration in "The Oklahoma Register" on or       |
  |                                                                       |
22|before July 17 without meeting requirements of paragraphs 2 and 3 of   |
  |                                                                       |
23|this subsection.  If the Governor finds that the joint resolution      |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid2099462 (Floor Amendments Only)                               Page 47
___________________________________________________________________________

 1|has a technical legal defect, the Governor shall make the finding in   |
  |                                                                       |
 2|writing and submit the finding to the Legislature.                     |
  |                                                                       |
 3|    SECTION 15.  This act shall become effective September 1, 2021.    |
  |                                                                       |
 4|                                                                       |
  |                                                                       |
 5|COMMITTEE REPORT BY: COMMITTEE ON ADMINISTRATIVE RULES, dated          |
  |03/24/2021 - DO PASS, As Coauthored.                                   |
 6|                                                                       |
  |                                                                       |
 7|                                                                       |
  |                                                                       |
 8|                                                                       |
  |                                                                       |
 9|                                                                       |
  |                                                                       |
10|                                                                       |
  |                                                                       |
11|                                                                       |
  |                                                                       |
12|                                                                       |
  |                                                                       |
13|                                                                       |
  |                                                                       |
14|                                                                       |
  |                                                                       |
15|                                                                       |
  |                                                                       |
16|                                                                       |
  |                                                                       |
17|                                                                       |
  |                                                                       |
18|                                                                       |
  |                                                                       |
19|                                                                       |
  |                                                                       |
20|                                                                       |
  |                                                                       |
21|                                                                       |
  |                                                                       |
22|                                                                       |
  |                                                                       |
23|                                                                       |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid2099462 (Floor Amendments Only)                               Page 48
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