1| STATE OF OKLAHOMA | | | 2| 1st Session of the 59th Legislature (2023) | | | 3|SENATE BILL 22 By: Dahm | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to agency operations; providing | | procedures for federal rule and regulation review for | 8| state agencies; authorizing the Legislature to | | disapprove implementation of certain rules and | 9| regulations; prohibiting certain conduct upon certain | | disapproval; stating when certain rules and | 10| regulations are operative; providing for certain | | exemption from liability; clarifying application to | 11| certain rights, privileges, or interests gained by | | certain persons; providing for codification; and | 12| declaring an emergency. | | | 13| | | | 14| | | | 15|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 16| SECTION 1. NEW LAW A new section of law to be codified | | | 17|in the Oklahoma Statutes as Section 308b of Title 75, unless there | | | 18|is created a duplication in numbering, reads as follows: | | | 19| A. Upon receipt by a state agency of a requirement for an | | | 20|agency to adopt, follow, or otherwise submit to any new federal rule | | | 21|or regulation or change to an existing federal rule or regulation, | | | 22|or interpretation of any rule or regulation, that agency shall send | | | 23|the federal rule or regulation by electronic mail to all members of | | | 24|the Legislature and the Governor. | | | Req. No. 422 Page 1 ___________________________________________________________________________
1| B. By the adoption of a joint resolution, the Legislature may | | | 2|disapprove the implementation of any federal rule or regulation | | | 3|imposed on a state agency. | | | 4| C. Unless otherwise authorized by the Legislature, whenever a | | | 5|rule or regulation is disapproved as provided in subsection B of | | | 6|this section, the agency subject to such rules or regulations shall | | | 7|not have authority to follow, interpret, or abide by any | | | 8|requirements of the rule or regulation as specified by the | | | 9|Legislature. Any effective rule or regulation which would have been | | | 10|imposed on an agency when the Legislature was not in session shall | | | 11|be deemed null and void on the date the Legislature disapproves the | | | 12|rule or regulation by a resolution as provided for in subsection B | | | 13|of this section. Federal rules and regulations imposed on state | | | 14|agencies may be disapproved in part or in whole by the Legislature. | | | 15|Upon enactment of any joint resolution disapproving a rule or | | | 16|regulation, the agency shall file notice of such legislative | | | 17|disapproval with the Attorney General. | | | 18| D. A federal rule or regulation shall be deemed authorized for | | | 19|state agency compliance, if disapproved by a joint resolution | | | 20|pursuant to subsection B of this section which has been vetoed by | | | 21|the Governor in accordance with Section 11 of Article VI of the | | | 22|Oklahoma Constitution and the veto has not been overridden. | | | 23| | | | 24| | | | Req. No. 422 Page 2 ___________________________________________________________________________
1| E. State agencies and their employees complying with the | | | 2|provisions of this section shall be exempt from liability pursuant | | | 3|to Section 155 of Title 51 of the Oklahoma Statutes. | | | 4| F. Any rights, privileges, or interests gained by any person by | | | 5|operation of a federal rule or regulation applied prior to the | | | 6|adoption of a joint resolution pursuant to this section, shall not | | | 7|be affected by reason of any subsequent disapproval or rejection of | | | 8|such rule or regulation by either house of the Legislature. | | | 9| SECTION 2. It being immediately necessary for the preservation | | | 10|of the public peace, health or safety, an emergency is hereby | | | 11|declared to exist, by reason whereof this resolution shall take | | | 12|effect and be in full force from and after its passage and approval. | | | 13| | | | 14| 59-1-422 BG 12/12/2022 4:46:42 PM | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 422 Page 3