SB 1024: Administrative rules; removing expedited rule repeal exception; approval prior to proceeding with rulemaking process; impact statement; requirements. Effective date. Emergency. - Oklahoma

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

MODERATE

The bill text was converted from the House version to the Senate floor version, updating the document header, sponsor list, and summary of contents. The core policy language regarding administrative rules remains identical, with no substantive changes to the law's requirements or scope.

TECHNICAL

Updated the document title from 'House of Representatives' to 'Senate Floor Version' and changed the legislative session date to February 13, 2025.

Replaced the House-specific sponsor list with the Senate-specific sponsor list (Bergstrom, Jett, and Bullard of the Senate; Kendrix of the House).

Altered the summary of contents to reflect the Senate's specific focus on revoking certain rules upon adoption and defining terms, while keeping the core policy intent the same.

Adjusted the section numbering and introductory text to align with Senate floor formatting standards, though the actual legal amendments to 75 O.S. 2021 remain unchanged.

SB1024 (3-04-25) (BERGSTROM) FS FA1.PDF → Floor (House) · 4 edits

MODERATE

The bill was converted from a Senate floor substitute to a House committee substitute, reflecting amendments made by the House of Representatives. The substantive policy changes include replacing the 'statement of scope' with a 'rule impact statement' that requires agencies to analyze alternatives, estimate time and resources, and compare federal regulations. Additionally, the process now requires Governor or cabinet secretary approval within 30 days before an agency can proceed with rulemaking, and it removes the expedited repeal exception previously found in the Senate version.

Scope change

The bill's scope remains focused on the Administrative Procedures Act, but the requirements for agencies have expanded to include specific impact analyses and alternative considerations, while the timeline for approval has been tightened.

REQUIREMENT

Replaced the 'statement of scope' requirement with a 'rule impact statement' that mandates analysis of alternatives, employee time/resource estimates, and federal regulation comparisons.

Removed the expedited rule repeal exception that allowed certain rules to bypass the standard approval process.

Added requirements for agencies to consider the impact of rules on consumer groups and to 'tier' actions based on business size if adverse effects are found.

TIMELINE

Added a requirement that the Governor or cabinet secretary must approve the proposed rule notice within 30 days before the agency can proceed with rulemaking.

House Committee Substitute for Senate Bill → SB1024 (3-04-25) (BERGSTROM) FS FA1.PDF · 5 edits

MODERATE

The bill was converted from a House Committee Substitute to a Floor Substitute, indicating it has moved to the floor for final passage. The substantive policy changes replace the old rulemaking requirements with a new 'Statement of Scope' process. Agencies must now submit a statement detailing the rule's objective, existing policies, alternatives, and federal comparisons before the Governor can approve the rule. A key addition is a 30-month expiration date for these statements, preventing agencies from using outdated scope analyses for new rules.

Scope change

The bill's scope remains focused on the Administrative Procedures Act, but the specific requirements for rulemaking have been significantly expanded to include a pre-approval 'Statement of Scope' and new analysis requirements.

REQUIREMENT

Replaced the requirement for a 'rule impact statement' with a new 'statement of scope' that must be approved by the Governor before any rulemaking can begin.

Added a requirement for agencies to include a summary and preliminary comparison of any existing or proposed federal regulations in their statement of scope.

Changed the notice publication requirement from 'The Oklahoma Register' to 'The Oklahoma Register' pursuant to subsection B G (likely a typo in the draft, but indicates a procedural shift).

Added a requirement for agencies to include estimates of the time state employees and other resources will be spent developing the rule.

TIMELINE

Added a 30-month expiration date for statements of scope; agencies cannot use an expired statement to submit a new rule for review.

Proposed Committee Substitute (full committee) 1 → House Committee Substitute for Senate Bill · 4 edits

MODERATE

The bill was amended to replace the entire text with a version that updates the Administrative Procedures Act. The primary substantive change is the addition of a requirement for agencies to publish notices in 'The Oklahoma Register' and to mail or electronically notify interested parties who requested advance notice of rulemaking proceedings.

Scope change

The bill's scope remains focused on administrative rulemaking procedures, but the applicability of the notification requirements is expanded to include electronic notification options for interested parties.

REQUIREMENT

Added a requirement for agencies to publish rulemaking notices in 'The Oklahoma Register' pursuant to Section 255 of the title.

Added a requirement for agencies to mail or electronically notify interested parties who requested advance notice of rulemaking proceedings within three days of publication.

Added a prohibition on charging fees for downloading or printing proposed rules and impact statements when they are posted on an agency's website.

TECHNICAL

Updated the bill's title page and section numbering to reflect the House Committee Substitute version.

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

MINOR

The bill text was replaced with a committee substitute version that retains the original policy language but includes significant formatting errors, such as random text ('gerg'), missing line breaks, and garbled numbering. No substantive policy changes, thresholds, or new requirements were introduced in the text itself.

TECHNICAL

The entire bill text was replaced with a committee substitute version containing formatting errors, missing line breaks, and random inserted text, though the underlying policy language remains identical to the original.

Engrossed → Enrolled (final version) · 5 edits · May 21, 2025

MODERATE

The bill was finalized as an enrolled version, updating the sponsor list to include additional legislators. Substantively, the bill amends the Administrative Procedures Act to require agencies to submit a 'statement of scope' for Governor or cabinet secretary approval before proceeding with rulemaking. It also mandates a 30-day public comment period, requires agencies to consider impacts on businesses and consumers, and establishes a 30-month expiration for these scope statements.

Scope change

The bill's scope remains focused on the Administrative Procedures Act, but the applicability of the new requirements is clarified to apply to all rules except those under the expedited repeal process.

REQUIREMENT

Added a requirement for agencies to submit a 'statement of scope' to the Secretary of State and Governor for approval before starting rulemaking.

Required agencies to analyze and report the economic impact on businesses and consumer groups, including options to tier rules based on entity size.

Mandated a 30-month expiration date for approved statements of scope, after which agencies cannot use them for new rules.

Updated the list of required content for rule impact statements to include specific legal authority, intended effects, and federal regulation comparisons.

TIMELINE

Established a 30-day waiting period after publishing notice of intended rulemaking before the agency can proceed.

Amended And Engrossed → Engrossed · 5 edits · May 15, 2025

MODERATE

The bill was renumbered from a House amendment to the final Senate version, and the substantive text was reorganized to clarify the legislative history. The core policy requirements for agencies remain consistent, mandating a 'statement of scope' submission to the Secretary of State and Governor before any rulemaking can begin. A key operational change is the explicit prohibition of state employees from drafting rules until that statement is approved, ensuring no work proceeds without executive oversight.

Scope change

The bill's scope remains focused on the Administrative Procedures Act and rulemaking processes; no new entities or subjects were added.

TECHNICAL

The document title and authorship lines were updated to reflect the transition from an 'Engrossed House Amendment' to the final 'Engrossed Senate Bill'.

The summary of the bill's purpose was restructured for better readability while retaining the same list of requirements.

REQUIREMENT

The procedural text was reorganized and renumbered to align with the final Senate version, though the substantive obligations for agencies (such as preparing a statement of scope and waiting for Governor approval) remain unchanged.

A clear prohibition was added stating that no state employee may perform any activity related to drafting a proposed rule until the Governor approves the statement of scope.

TIMELINE

The text regarding the 30-day waiting period for Governor or cabinet secretary approval was rephrased to clarify that rulemaking cannot proceed until express written approval is received.

Introduced → Amended And Engrossed · 4 edits · May 15, 2025

MODERATE

The bill was amended to fundamentally shift its focus from requiring agencies to revoke existing rules to implementing a new pre-approval process for future rules. The House amendment adds a requirement for agencies to obtain written approval from the Governor or a cabinet secretary within 30 days before adopting any new rule, while also expanding the required content of rule impact statements to include federal regulation comparisons and cost estimates.

Scope change

The bill's scope expanded from a mechanism for cleaning up old rules to a comprehensive pre-emptive review system for all new rulemaking, applying to all state agencies adopting permanent rules.

REQUIREMENT

Added a mandatory 30-day pre-approval step where agencies must receive written consent from the Governor or cabinet secretary before adopting any new rule.

Updated the rule impact statement requirements to include specific requests for dollar-amount cost estimates from businesses and a summary comparing the rule to existing federal regulations.

Removed the original provision that required agencies to submit two rules for revocation for every new permanent rule adopted.

TIMELINE

Established a strict 30-day window for the Governor or cabinet secretary to approve or disapprove proposed rules before the agency can proceed.

Administrative rules; removing expedited rule repeal exception; approval prior to proceeding with rulemaking process; impact statement; requirements. Effective date. Emergency.

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