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Oklahoma Lawmakers Advance Bill to Increase Scrutiny of State Agency Rulemaking Process

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Published on February 05, 2025
Oklahoma Lawmakers Advance Bill to Increase Scrutiny of State Agency Rulemaking ProcessSource: Oklahoma House of Representatives

The push to reshape the way Oklahoma governs is on the move as the House Administrative Rules Committee has given the nod to a piece of legislation designed to overhaul the state's administrative rulemaking process. The proposed House Bill 2728, brainchild of Rep. Gerrid Kendrix, R-Altus, aims to add a new layer of scrutiny to the regulations conjured up by state agencies, regulations that often slide into effect without much fanfare or legislative finger-wagging, according to a recent report by the Oklahoma House of Representatives.

Dubbed the Regulations from the Executive in Need of Scrutiny (REINS) Act of 2025, this legislation mirrors federal attempts at rule reform from the previous year. Kendrix, chair of the House Administrative Rules Committee, cast the situation with a bit of legislative drama, labeling the bureaucratic process as a "fourth branch of government" that operates without elected official oversight. "Administrative rules allow agencies to impose regulations without being approved by the legislative branch," Kendrix emphasized. The rules, once okayed, come to bear the full heft of law, and do so most times without Legislative interference. Kendrix’s bill, as he argues, could reset the scales, granting those chosen by Oklahomans a firmer grip on the levers that steer state regulation, as per the Oklahoma House of Representatives.

Under the current setup, after the Legislature greenlights a law, state agencies get busy drafting and proposing the nuts and bolts to make it work. This past year, agencies have pushed through 266 packets, compiling a hefty count of pages. The Legislature reviews these rules, possessing the power to veto them partially or entirely but with no right to tinker with the individual gears of the rule itself. If the Legislature drops the ball, these regulations journey to the governor's desk, who, if opting not to act, allows them to automatically take effect. Kendrix addressed this with concern, noting, "We all talk about the concern of growing government, and yet our current process allows that to happen by default," according to the Oklahoma House of Representatives.

Should HB2728 become the rule of the land, all proposed rules would come attached with an economic impact statement. Any regulation suspected to wield a fiscal clout of $1 million or more over five years would need the Legislature to proactively signal their approval. Furthermore the bill would erect the Legislative Economic Analysis Unit (LEAU) within the Legislative Office of Fiscal Transparency (LOFT). This unit would cast an independent eye over agencies' economic impact reports to ensure nothing's missed or overstated with the findings opened to public viewing online. Speaker Kyle Hilbert, R-Bristow, offered kudos to Kendrix and supporting caucus members for devising a process that fits the lawmakers' ambition to shape how agency-level law implementation works. "It's the Legislature's duty to ensure that the rules governing our people are practical and accountable. The REINS Act is a crucial first step toward a better system," Hilbert proclaimed, in a gesture of support for Kendrix's strive for substantial reform, as per the Oklahoma House of Representatives.