STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

HOUSE BILL 1549	By:	McCullough

AS INTRODUCED

An Act relating to statutes and reports; creating the Medicaid and Human Services Accountability and Prevention of Federal Overreach Act; amending 75 O.S. 2011, Section 308, which relates to the Administrative Procedures Act; requiring approval of certain rules; providing for noncodification; 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 not to be codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the "Medicaid and Human Services Accountability and Prevention of Federal Overreach Act".
SECTION 2.     AMENDATORY     75 O.S. 2011, Section 308, is amended to read as follows:
Section 308.  A.  Upon receipt of any adopted rules, the Speaker of the House of Representatives and the President Pro Tempore of the Senate shall assign such rules to the appropriate committees of each such house of the Legislature for review.  Except as otherwise provided by this section, upon receipt of such rules, the Legislature shall have thirty (30) legislative days to review such rules.
B.  1.  By the adoption of a joint resolution, the Legislature may disapprove any rule, waive the thirty-legislative-day review period and approve any rule which has been submitted for review, or otherwise approve any rule.
2.	a.	(1)	The Legislature may by concurrent resolution disapprove a proposed rule or a proposed amendment to a rule submitted to the Legislature or an emergency rule prior to such rule having the force and effect of law.
(2)	Any such proposed rule or proposed amendment to a permanent rule shall be disapproved by both houses of the Legislature prior to the termination of the legislative review period specified by this section.
(3)	Any such concurrent resolution shall not require the approval of the Governor, and any such rule so disapproved shall be invalid and of no effect regardless of the approval of the Governor of such rule.
b.	By adoption of a concurrent resolution, the Legislature may waive the thirty-legislative-day review period for any rule which has been submitted for review.
C.  Unless otherwise authorized by the Legislature by concurrent resolution, or by law, whenever a rule is disapproved as provided in subsection B of this section, the agency adopting such rules shall not have authority to resubmit an identical rule, except during the first sixty (60) calendar days of the next regular legislative session.  Any effective emergency rule which would have been superseded by a disapproved permanent rule shall be deemed null and void on the date the Legislature disapproves the permanent rule.  Rules may be disapproved in part or in whole by the Legislature.  Any resolution enacted disapproving a rule shall be filed with the Secretary for publication in "The Oklahoma Register".
D.  Unless otherwise provided by specific vote of the Legislature, resolutions introduced for purposes of disapproving or approving a rule shall not be subject to regular legislative cutoff dates, shall be limited to such provisions as may be necessary for disapproval or approval of a rule, and any such other direction or mandate regarding the rule deemed necessary by the Legislature.  The resolution shall contain no other provisions.
E.  1.  Except as provided by subsection F of this section, transmission of a rule for legislative review on or before April 1 of each year shall result in the approval of such rule by the Legislature if:
a.	the Legislature is in regular session and has failed to disapprove such rule within thirty (30) legislative days after such rule has been submitted pursuant to Section 303.1 of this title, or
b.	the Legislature has adjourned before the expiration of said thirty (30) legislative days of submission of such rules, and has failed to disapprove such rule.
2.  After April 1 of each year, transmission of a rule for legislative review shall result in the approval of such rule by the Legislature only if the Legislature is in regular session and has failed to disapprove such rule within thirty (30) legislative days after such rule has been so transmitted.  In the event the Legislature adjourns before the expiration of such thirty (30) legislative days, such rule shall carry over for consideration by the Legislature during the next regular session and shall be considered to have been originally transmitted to the Legislature on the first day of said next regular session for review pursuant to this section.  As an alternative, an agency may request direct legislative approval of such rules or waiver of the thirty-legislative-day review provided by subsection B of this section.  An agency may also adopt emergency rules under the provisions of Section 253 of this title.
F.  Any rule which establishes or increases fees or any rule by an agency, board, or commission created by or that receives its authority from Title 59 of the Oklahoma Statutes or any rule of the Oklahoma Health Care Authority or Department of Human Services shall require approval by the Legislature by joint resolution.  If the Legislature fails to approve the rule on or before the last day of the legislative session, the rule shall be deemed disapproved.
G.  Prior to final adoption of a rule, an agency may withdraw a rule from legislative review.  Notice of such withdrawal shall be given to the Governor, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and to the Secretary for publication in "The Oklahoma Register".
H.  Except as otherwise provided by Sections 253, 250.4 and 250.6 of this title or as otherwise specifically provided by the Legislature, no agency shall promulgate any rule unless reviewed by the Legislature pursuant to this section.  An agency may promulgate an emergency rule only pursuant to Section 253 of this title.
I.  Any rights, privileges, or interests gained by any person by operation of an emergency rule, shall not be affected by reason of any subsequent disapproval or rejection of such rule by either house of the Legislature.
SECTION 3.  This act shall become effective November 1, 2013.

54-1-5652	LRB	01/06/13