1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3059 By: Steagall
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6 AS INTRODUCED
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7 An Act relating to the Administrative Procedures Act;
7 amending 75 O.S. 2021, Section 253, as amended by
8 Section 2, Chapter 38, O.S.L. 2023 (75 O.S. Supp.
8 2023, Section 253), which relates to emergency rules;
9 requiring an emergency under the Oklahoma Emergency
9 Management Act of 2003 or the Catastrophic Health
10 Emergency Powers Act; adding timing provisions;
10 clarifying emergency rule effective dates; and
11 declaring an emergency.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. AMENDATORY 75 O.S. 2021, Section 253, as
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17 amended by Section 2, Chapter 38, O.S.L. 2023 (75 O.S. Supp. 2023,
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18 Section 253), is amended to read as follows:
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19 Section 253. A. 1. If an emergency declaration has been made
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20 pursuant to the Oklahoma Emergency Management Act of 2003, or the
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21 Catastrophic Health Emergency Powers Act, and an agency finds that a
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22 rule is necessary as an emergency measure, the rule may be
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23 promulgated during the declared emergency period pursuant to the
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24 provisions of this section, if the rule is first approved by the
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 1 Governor. The Governor shall not approve the adoption, amendment,
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2 revision or revocation of a rule as an emergency measure unless the
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3 agency submits substantial evidence that the rule is necessary as an
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4 emergency measure to do any of the following:
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5 a. protect the public health, safety or welfare,
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6 b. comply with deadlines in amendments to an agency's
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7 governing law or federal programs,
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8 c. avoid violation of federal law or regulation or other
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9 state law,
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10 d. avoid imminent reduction to the agency's budget, or
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11 e. avoid serious prejudice to the public interest.
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12 As used in this subsection, "substantial evidence" shall mean
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13 credible evidence which is of sufficient quality and probative value
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14 to enable a person of reasonable caution to support a conclusion.
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15 2. In determining whether a rule is necessary as an emergency
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16 measure, the Governor shall consider whether the emergency situation
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17 was created due to the agency's delay or inaction and could have
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18 been averted by timely compliance with the provisions of this
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19 chapter.
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20 B. An emergency rule adopted by an agency shall:
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21 1. Be prepared in the format required by Section 251 of this
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22 title;
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23 2. a. Include an impact statement which meets the
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24 requirements set forth in subparagraph b of this
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 1 paragraph unless the Governor waives the requirement
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2 in writing upon a finding that the rule impact
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3 statement or the specified contents thereof are
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4 unnecessary or contrary to the public interest.
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5 b. The rule impact statement shall include, but not be
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6 limited to:
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7 (1) a brief description of the proposed rule,
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8 (2) a description of the persons who most likely will
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9 be affected by the proposed rule, including
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10 classes that will bear the costs of the proposed
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11 rule, and any information on cost impacts
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12 received by the agency from any private or public
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13 entities,
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14 (3) a description of the classes of persons who will
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15 benefit from the proposed rule,
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16 (4) a description of the probable economic impact of
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17 the proposed rule upon affected classes of
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18 persons or political subdivisions, including a
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19 listing of all fee changes and, whenever
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20 possible, a separate justification for each fee
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21 change,
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22 (5) the probable costs and benefits to the agency and
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23 to any other agency of the implementation and
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24 enforcement of the proposed rule, and any
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 1 anticipated effect on state revenues, including a
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2 projected net loss or gain in such revenues if it
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3 can be projected by the agency,
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4 (6) a determination of whether implementation of the
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5 proposed rule may have an adverse economic effect
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6 on small business as provided by the Oklahoma
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7 Small Business Regulatory Flexibility Act,
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8 (7) an explanation of the measures the agency has
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9 taken to minimize compliance costs and a
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10 determination of whether there are less costly or
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11 nonregulatory methods or less intrusive methods
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12 for achieving the purpose of the proposed rule,
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13 (8) a determination of the effect of the proposed
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14 rule on the public health, safety, and
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15 environment and, if the proposed rule is designed
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16 to reduce significant risks to the public health,
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17 safety, and environment, an explanation of the
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18 nature of the risk and to what extent the
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19 proposed rule will reduce the risk,
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20 (9) a determination of any detrimental effect on the
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21 public health, safety, and environment if the
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22 proposed rule is not implemented, and
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23 (10) the date the rule impact statement was prepared
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24 and if modified, the date modified.
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 1 c. The rule impact statement shall be prepared on or
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2 before the date the emergency rule is adopted;
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3 3. Be transmitted pursuant to Section 464 of Title 74 of the
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4 Oklahoma Statutes to the Governor, the Speaker of the House of
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5 Representatives, the President Pro Tempore of the Senate, and the
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6 chief legislative officer of each chamber, along with the
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7 information required by this subsection within ten (10) days after
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8 the rule is adopted; and
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9 4. Not be invalidated on the ground that the contents of the
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10 rule impact statement are insufficient or inaccurate.
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11 C. 1. Within forty-five (45) calendar days of receipt of a
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12 proposed emergency rule filed with the Governor, the Speaker of the
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13 House of Representatives, the President Pro Tempore of the Senate,
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14 and the chief legislative officer of each chamber, the Governor
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15 shall review the demonstration of emergency pursuant to subsection A
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16 of this section, and shall separately review the rule in accordance
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17 with the standards prescribed in paragraph 3 of this subsection.
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18 2. Prior to approval of emergency rules, the Governor shall
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19 submit the emergency rule to the Secretary of State for review of
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20 proper formatting.
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21 3. If the Governor determines the agency filed the rule during
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22 a declared emergency period and has established the rule is
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23 necessary as an emergency measure pursuant to subsection A of this
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 1 section, the Governor shall approve the proposed emergency rule if
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2 the rule is:
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3 a. clear, concise, and understandable,
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4 b. within the power of the agency to make and within the
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5 enacted legislative standards, and
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6 c. made in compliance with the requirements of the
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7 Administrative Procedures Act.
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8 D. 1. Within the forty-five-calendar-day period set forth in
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9 paragraph 1 of subsection C of this section, the Governor may
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10 approve the emergency rule or disapprove the emergency rule.
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11 Failure of the Governor to approve an emergency rule within the
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12 specified period shall constitute disapproval of the emergency rule.
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13 2. If the Governor disapproves the adopted emergency rule, the
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14 Governor shall return the entire document to the agency with reasons
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15 for the disapproval. If the agency elects to modify the rule, the
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16 agency shall adopt the modifications, and shall file the modified
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17 rule in accordance with the requirements of subsection B of this
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18 section.
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19 3. Upon disapproval of an emergency rule, the Governor shall,
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20 within fifteen (15) days, make written notification to the Speaker
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21 of the House of Representatives, the President Pro Tempore of the
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22 Senate, the chief legislative officer of each chamber, and the
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23 Office of Administrative Rules.
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 1 E. 1. Upon approval of an emergency rule, the Governor shall
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2 immediately make written notification to the agency, the Speaker of
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3 the House of Representatives, the President Pro Tempore of the
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4 Senate, the chief legislative officer of each chamber, and the
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5 Office of Administrative Rules. Upon receipt of the notice of the
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6 approval, the agency shall file with the Office of Administrative
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7 Rules as many copies of the notice of approval and the emergency
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8 rule as required by the Secretary.
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9 2. Emergency rules shall be subject to legislative review
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10 pursuant to Section 308 of this title.
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11 3. The emergency rule shall be published in accordance with the
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12 provisions of Section 255 of this title in "The Oklahoma Register"
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13 following the approval by the Governor. The Governor's approval and
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14 the approved rules shall be retained as official records by the
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15 Office of Administrative Rules.
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16 F. 1. Upon approval by the Governor, an emergency rule shall
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17 be considered promulgated and shall be in force immediately, or on
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18 such later date as specified therein. An emergency rule shall only
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19 be applied prospectively from its effective date.
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20 2. Except as otherwise provided in this subsection, the
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21 emergency rule shall remain in full force and effect through the
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22 first day of the next succeeding regular session of the Legislature
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23 following promulgation of such emergency rule until September 14
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24 following such session, or until the declared emergency period has
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 1 terminated pursuant to Section 683.9 or Section 6405 of Title 63 of
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2 the Oklahoma Statutes, whichever is earlier, unless it is made
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3 ineffective pursuant to subsection H of this section.
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4 G. No agency shall adopt any emergency rule which establishes
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5 or increases fees, except during such times as the Legislature is in
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6 session, unless specifically mandated by the Legislature or federal
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7 legislation, or when the failure to establish or increase fees would
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8 conflict with an order issued by a court of law.
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9 H. 1. If an emergency rule is of a continuing nature, the
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10 agency promulgating such emergency rule shall initiate proceedings
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11 for promulgation of a permanent rule pursuant to Sections 303
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12 through 308.2 of this title. If an emergency rule is superseded by
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13 another emergency rule prior to the enactment of a permanent rule,
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14 the latter emergency rule shall retain the same expiration date as
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15 the superseded emergency rule, unless otherwise authorized by the
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16 Legislature.
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17 2. Any promulgated emergency rule shall be made ineffective if:
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18 a. disapproved by the Legislature,
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19 b. superseded by the promulgation of permanent rules,
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20 c. any adopted rules based upon such emergency rules are
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21 subsequently disapproved pursuant to Section 308 of
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22 this title, or
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23 d. an earlier expiration date is specified by the agency
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24 in the rules.
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 1 3. a. Emergency rules in effect immediately upon approval by
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2 the Governor or in effect on the first day of the
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3 session shall be null and void on September 15
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4 following sine die adjournment of the Legislature, or
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5 on the date the declared emergency is terminated,
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6 whichever is earlier, unless otherwise specifically
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7 provided by the Legislature.
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8 b. Unless otherwise authorized by the Legislature, an
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9 agency shall not adopt any emergency rule, which has
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10 become null and void pursuant to subparagraph a of
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11 this paragraph, as a new emergency rule or adopt any
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12 emergency rules of similar scope or intent as the
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13 emergency rules which became null and void pursuant to
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14 subparagraph a of this paragraph.
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15 I. Emergency rules shall not become effective unless approved
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16 by the Governor pursuant to the provisions of this section.
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17 J. 1. The requirements of Section 303 of this title relating
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18 to notice and hearing shall not be applicable to emergency rules
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19 promulgated pursuant to the provisions of this section. Provided,
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20 this shall not be construed to prevent an abbreviated notice and
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21 hearing process determined to be necessary by an agency.
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22 2. The rule report required pursuant to Section 303.1 of this
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23 title shall not be applicable to emergency rules promulgated
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24 pursuant to the provisions of this section. Provided, this shall
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 1 not be construed to prevent an agency from complying with such
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2 requirements at the discretion of such agency.
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3 3. The statement of submission required by Section 303.1 of
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4 this title shall not be applicable to emergency rules promulgated
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5 pursuant to the provisions of this section.
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6 K. Prior to approval or disapproval of an emergency rule by the
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7 Governor, an agency may withdraw from review an emergency rule
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8 submitted pursuant to the provisions of this section. Notice of
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9 such withdrawal shall be given to the Governor, the Speaker of the
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10 House of Representatives, the President Pro Tempore of the Senate in
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11 accordance with the requirements set forth in Section 464 of Title
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12 74 and to the Office of Administrative Rules as required by the
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13 Secretary. In order to be promulgated as emergency rules, any
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14 replacement rules shall be resubmitted pursuant to the provisions of
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15 this section.
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16 L. Upon completing the requirements of this section, an agency
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17 may promulgate a proposed emergency rule. No emergency rule is
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18 valid unless promulgated in substantial compliance with the
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19 provisions of this section.
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20 M. Emergency rules adopted by an agency or approved by the
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21 Governor shall be subject to review pursuant to the provisions of
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22 Section 306 of this title.
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23 SECTION 2. It being immediately necessary for the preservation
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24 of the public peace, h