HB 2728: Administrative rule process; enacting the Regulations from the Executive in Need of Scrutiny (REINS) Act of 2025; effective date; emergency. - Oklahoma

Floor (House) → Floor (Senate) · 4 edits

MODERATE

The bill was amended to add new sponsors to the Senate and significantly expand the definition of 'Agency' to include all state bodies except the judicial and legislative branches. Additionally, the requirement for agencies to consult with local governments was broadened to explicitly include soliciting information from affected businesses and the public.

Scope change

The scope of the bill was expanded to include a wider range of state entities under the definition of 'Agency' and increased the requirement for public and business engagement during the rule-making process.

DEFINITION

Added 'Woods' and 'Prieto' to the list of Senate sponsors.

Expanded the definition of 'Agency' to explicitly include all state officers, departments, and institutions except the judicial and legislative branches.

REQUIREMENT

Added a mandatory requirement for agencies to consult and solicit information from businesses, business associations, and members of the public affected by proposed rules.

Broadened the consultation requirement to specifically include soliciting information from affected entities, not just general consultation with local governments.

HB2728 (4-30-25) (BERGSTROM) FA3.PDF → HB2728 (4-30-25) (BERGSTROM) FS FA1.PDF · 4 edits

MODERATE

The document was restructured from a Senate floor amendment into a complete House floor substitute bill. The substantive policy change adds a new role for the Legislative Office of Fiscal Transparency (LOFT) to conduct rule impact analyses for major state regulations, ensuring they are evaluated before adoption.

Scope change

The bill's scope expanded to include the oversight of executive branch rule-making processes, requiring LOFT to analyze how new rules affect agency budgets and operations.

REQUIREMENT

LOFT is now required to conduct rule impact analyses for major rules as defined in Oklahoma law.

LOFT must evaluate whether proposed agency budgets fulfill the agencies' primary duties and responsibilities.

DEFINITION

New definitions were added for 'performance evaluation' and 'independent comprehensive performance audit' to clarify LOFT's investigative powers.

TECHNICAL

The document format changed from a partial amendment to a full bill text, including new sections on LOFT duties and oversight committee functions.

House Committee Substitute → HB2728 (4-30-25) (BERGSTROM) FA3.PDF · 3 edits

MINOR

The document was converted from a legislative committee substitute text into a formal Senate disposition form. The substantive policy content of the REINS Act remains unchanged, but the formatting was altered to include Senate-specific headers and a floor amendment request regarding a specific section on rule expiration.

TECHNICAL

The document structure changed from a bill text to a Senate disposition form, adding headers for the Senate Chamber and Floor Amendment details.

A floor amendment was added requesting a text change to delete language about emergency declaration expiration and replace it with the word 'The'.

The original bill text, including the full REINS Act provisions and committee substitute markings, was replaced by the disposition form layout.

Proposed Committee Substitute (full committee) 2 → House Committee Substitute · 4 edits

MODERATE

The bill was completely rewritten to replace the original 'Proposed Committee Substitute' with a new 'House Committee Substitute'. The substantive policy language regarding the REINS Act, including definitions, agency duties, and economic analysis requirements, remains unchanged. The only significant changes are technical formatting updates, such as removing the 'Proposed' designation from the title, updating the legislative session header, and renumbering sections to align with the new text structure.

Scope change

The scope of the bill's applicability and policy requirements has not changed; only the document's title and formatting have been updated.

TECHNICAL

The bill title was changed from 'Proposed Committee Substitute' to 'Committee Substitute', indicating the text has been finalized by the full committee.

The legislative session header was updated to reflect the correct session details for the 2025 session.

Internal section numbers and page references were renumbered to match the new text layout.

The 'Amendment to Amend' section was removed as the text is now the primary version of the bill.

Proposed Committee Substitute (full committee) 1 → Proposed Committee Substitute (full committee) 2 · 3 edits

MINOR

The bill version was updated from the first full committee substitute to the second, involving a revision of the page numbering and a reorganization of the requirements for economic impact statements. The substantive change moves the requirement for agencies to consult with local governments and school boards to a specific subsection (Section C) and clarifies that the economic analysis must be submitted to the Legislative Economic Analysis Unit as established under Section 4 of the act.

Scope change

The scope of the bill's applicability to local governments and school boards remains the same, but the procedural requirements for submitting economic analyses have been clarified and restructured within the text.

REQUIREMENT

The requirement for agencies to consult with counties, municipalities, and school boards regarding rules that affect local revenue or impose new responsibilities has been moved to a specific subsection (C) and rephrased for clarity.

The instruction to submit economic analysis to the Legislative Economic Analysis Unit was updated to explicitly reference that the unit is created pursuant to Section 4 of the act.

TECHNICAL

Page numbering references were updated from 12282 to 12321, and the document header was changed to reflect the second full committee substitute version.

Enrolled (final version) → Proposed Committee Substitute (full committee) 1 · 7 edits

MODERATE

The bill was significantly rewritten to shift focus from a general oversight framework to a strict economic impact review process for administrative rules. The new version establishes a dedicated Legislative Economic Analysis Unit and imposes a hard threshold where any rule expected to cost over $1 million over five years requires specific legislative approval before it can take effect.

Scope change

The bill's scope expanded to include a mandatory consultation process with local governments and school boards for rules affecting their finances, and it introduced a new definition for 'major rule' based on a $1 million cost threshold.

REQUIREMENT

Created a new Legislative Economic Analysis Unit within the Legislative Office of Fiscal Transparency to conduct independent reviews of proposed rules.

Mandated that agencies consult with counties, municipalities, and school boards before adopting rules that increase their costs or fiscal liabilities.

Required agencies to submit a detailed economic impact analysis to the Legislative Economic Analysis Unit before filing any major rule.

Established a prohibition on major rules taking effect without specific approval from a legislative measure.

Removed the original broad duties of the Legislative Office of Fiscal Transparency regarding general budget analysis and performance evaluations of executive agencies.

Changed the bill's title and primary purpose from general administrative rule scrutiny to specific economic analysis and cost containment.

DEFINITION

Defined 'major rule' as any rule likely to result in $1 million or more in implementation and compliance costs over five years.

Engrossed → Enrolled (final version) · 4 edits · May 21, 2025

MODERATE

The bill was finalized as an Enrolled version with an expanded list of sponsoring legislators and updated to reflect its status as a final law. The substantive text was modified to change the bill type from a standalone 'New Law' to an 'Amendatory' bill that directly revises existing Oklahoma statutes (specifically 62 O.S. 8012 and 75 O.S. 250.3, 253, and 303). This shift indicates the final version integrates the REINS Act requirements into the current legal framework rather than creating entirely new sections, while also adding a declaration of emergency.

Scope change

The bill's scope shifted from creating new standalone sections to amending existing statutes within the Administrative Procedures Act and the duties of the Legislative Office of Fiscal Transparency.

TECHNICAL

The bill header changed from 'ENGROSSED' to 'ENROLLED' and the sponsor list was expanded to include additional legislators, reflecting the bill's passage and final approval.

The summary of the act was rewritten to explicitly state that the bill amends existing sections of the Oklahoma Statutes (62 O.S. and 75 O.S.) rather than just enacting new law.

REQUIREMENT

The bill structure changed from 'New Law' sections to 'Amendatory' sections, meaning it now directly updates specific existing statutes (62 O.S. 8012, 75 O.S. 250.3, 253, and 303) instead of creating new ones.

A declaration of emergency was added to the summary, allowing the bill to take effect immediately upon signing without waiting for the standard legislative session end date.

Amended And Engrossed → Engrossed · 5 edits · May 5, 2025

MODERATE

The bill was renumbered and its title was expanded to reflect a comprehensive overhaul of administrative rule processes. The most significant change is the replacement of a single performance evaluation requirement with a detailed mandate for 'economic impact analysis' before major rules can take effect. This new requirement forces agencies to quantify costs on businesses and individuals, consult with local governments and the public, and submit findings to a newly established Legislative Economic Analysis Unit.

Scope change

The bill's scope expanded from general rule oversight to specifically requiring detailed economic and fiscal impact analysis for rules that affect the state economy or local government finances.

DEFINITION

Added specific definitions for 'Agency', 'Implementation and compliance costs', and 'Major rule' (rules costing over $1 million over five years).

REQUIREMENT

Replaced general performance evaluations with a mandatory economic impact analysis that must detail costs, benefits, and methodology before major rules are filed.

Requires agencies to consult with counties, cities, school boards, and affected businesses before adopting rules that impact their finances or operations.

Added a requirement that no major rule can be submitted to the Secretary of State for filing without completing the economic impact analysis.

ENFORCEMENT

Established a new Legislative Economic Analysis Unit (LEAU) to receive and review the required economic impact analyses.

Introduced → Amended And Engrossed · 5 edits · May 5, 2025

MODERATE

The bill was significantly rewritten to shift focus from creating a new Legislative Economic Analysis Unit (LEAU) to enacting the REINS Act and modifying the duties of the existing Legislative Office of Fiscal Transparency (LOFT). The new version removes the LEAU entirely and replaces it with expanded responsibilities for LOFT, including conducting rule impact analyses and performance audits. Additionally, the bill now explicitly requires that major rules be submitted to the Legislature for a 60-day review period before they can take effect.

Scope change

The bill's scope changed from establishing a new independent unit (LEAU) to modifying the existing Legislative Office of Fiscal Transparency (LOFT) and adding new procedural requirements for rulemaking.

SCOPE

The creation of a new Legislative Economic Analysis Unit (LEAU) and its Chief Economist position was removed entirely.

REQUIREMENT

The requirement for a 60-day legislative review period before major rules take effect was added.

Duties were shifted from the new LEAU to the existing Legislative Office of Fiscal Transparency (LOFT), requiring LOFT to conduct rule impact analyses and performance audits.

New requirements were added for LOFT to compare agency budgets to prior years and ensure functions do not duplicate existing appropriations committees.

DEFINITION

The bill title and scope were updated to formally name the legislation the 'Regulations from the Executive in Need of Scrutiny (REINS) Act of 2025'.

Administrative rule process; enacting the Regulations from the Executive in Need of Scrutiny (REINS) Act of 2025; effective date; emergency.

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