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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 616 By: Bergstrom
AS INTRODUCED
An Act relating to the Administrative Procedures Act;
prohibiting compliance with certain federal
regulation without legislative approval; providing
means for approval and disapproval; exempting certain
agencies and employees from certain liability;
construing provision; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 308b of Title 75, unless there
is created a duplication in numbering, reads as follows:
A. Upon receipt by a state agency of a requirement for an
agency to adopt, follow, or otherwise submit to any new federal rule
or regulation, new interpretation of any rule or regulation, or
change to an existing federal rule or regulation, that agency shall
send the federal rule or regulation by electronic mail to all
members of the Legislature and the Governor.
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B. The Legislature may disapprove the implementation of any
federal rule or regulation imposed on a state agency by the adoption
of a joint resolution.
C. Unless otherwise authorized by the Legislature, whenever a
rule or regulation is disapproved as provided in subsection B of
this section, the agency subject to such rule or regulation shall
not have authority to follow, interpret, or abide by any
requirements of the rule or regulation as specified by the
Legislature. Any effective rule or regulation which would have been
imposed on an agency when the Legislature was not in session shall
be deemed null and void on the date the Legislature disapproves the
rule or regulation by a joint resolution as provided for in
subsection B of this section. Federal rules and regulations imposed
on state agencies may be disapproved in part or in whole by the
Legislature. Upon enactment of any joint resolution disapproving a
rule or regulation, the agency shall file notice of such legislative
disapproval with the Attorney General.
D. A federal rule or regulation shall be deemed authorized for
state agency compliance if disapproved by a joint resolution
pursuant to subsection B of this section which has been vetoed by
the Governor in accordance with Section 11 of Article VI of the
Oklahoma Constitution and the veto has not been overridden.
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E. State agencies and their employees complying with the
provisions of this section shall be exempt from liability pursuant
to Section 155 of Title 51 of the Oklahoma Statutes.
F. Nothing in this section shall be construed to affect any
rights, privileges, or interests gained by any person by operation
of a federal rule or regulation applied prior to the adoption of a
joint resolution pursuant to this section. Such rights, privileges,
or interests shall not be affected by reason of any subsequent
disapproval or rejection of such rule or regulation by the
Legislature.
SECTION 2. This act shall become effective November 1, 2025.
60-1-1416 RD 1/19/2025 5:40:07 AM