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ENGR. S. B. NO. 835 Page 1
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ENGROSSED SENATE
BILL NO. 835 By: Daniels of the Senate
and
Lepak of the House
An Act relating to the Secretary of State; defining
terms; requiring submission of certain agency actions
to Secretary of State for review; establishing
procedures for certain review; requiring board to
abide by certain recommendations; subjecting board
members to removal for certain misconduct; specifying
actions not to be deemed anticompetitive; authorizing
board to make certain request; 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 664.11 of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. As used in this section:
1. “Proposed qualifying actions” means proposed actions by a
qualifying board that include, but are not limited to:
a. actions affecting a class or category of individuals,
b. actions contested by the respondent,
c. actions based on alleged conduct not admitted by the
respondent,
d. revocation or suspension of a license,
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e. actions stemming from a complaint filed by a
competitor of the respondent, or
f. actions that are purely discretionary by the board;
and
2. “Qualifying board” means a state licensing board or
commission on which a majority of members are market participants in
the occupation the board or commission regulates, but shall not
include a state licensing board or commission whose actions are
actively supervised by a statewide elected official who reviews the
substance of the actions, has the power to veto or modify particular
decisions to ensure they accord with state policy, and is not an
active participant in the occupation the board or commission
regulates.
B. 1. Any qualifying board proposing to take non-rulemaking
action that has anticompetitive effects shall submit such proposed
action to the Secretary of State for review and confirmation that
the action is enforcing a clearly articulated and affirmatively
expressed state policy.
2. The Secretary of State, or his or her designee, shall review
the action and return a written determination to the qualifying
board within sixty (60) days.
3. Upon receipt of the Secretary of State’s written
determination, the qualifying board shall abide by the Secretary of
State’s recommendation, if any.
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4. Failure of the qualifying board to following the written
determination of the Secretary of State shall constitute misconduct
and shall subject the board members to removal for cause by the
appointing authority.
C. Actions taken by qualifying boards that do not carry
anticompetitive implications need not be submitted to the Secretary
of State for review. Such actions shall include, but not be limited
to:
1. Actions to which the respondent consents or agrees;
2. Actions resulting from a criminal conviction in a court of
competent jurisdiction;
3. Actions in which the qualifying board has performed the non-
discretionary task of implementing a mandatory statute;
4. Actions that impose only a fine or a requirement for
additional education; and
5. Actions that do not affect the status of a license or
otherwise prevent a licensee from continuing to participate in the
licensee’s occupation.
D. Qualifying boards may request a determination from the
Secretary of State as to whether an action of the qualifying board
is a proposed qualifying action.
SECTION 2. This act shall become effective November 1, 2025.
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Passed the Senate the 18th day of March, 2025.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2025.
Presiding Officer of the House
of Representatives