STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

HOUSE JOINT
RESOLUTION 1043	By:	Key

AS INTRODUCED

A Joint Resolution disapproving permanent rule of the Oklahoma Tax Commission; and directing distribution.

WHEREAS, pursuant to Sections 250.2 and 308 of Title 75 of the Oklahoma Statutes, the Legislature reserves the right to designate the method for rule promulgation, establish policy, determine that a rule is not consistent with legislative intent and disapprove any rule or portion thereof at any time; and
WHEREAS, pursuant to Section 203 of Title 68 of the Oklahoma Statutes and Sections 1105.4, 1140, 1146, 1149 and 1151 of Title 47 of the Oklahoma Statutes, the Oklahoma Tax Commission shall be responsible for adopting and promulgating rules as necessary and appropriate to carry out the duties and responsibilities of the Oklahoma Tax Commission; and
WHEREAS, the promulgation of permanent rule OAC 710:60-5-116, which was finally adopted by the Commission on March 3, 2011, does not reflect the intent of the Oklahoma Legislature.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE 1ST SESSION OF THE 53RD OKLAHOMA LEGISLATURE:
SECTION 1.  The Legislature hereby disapproves permanent rule OAC 710:60-5-116.
SECTION 2.  The Secretary of State is directed to distribute copies of this resolution to the Governor, the Administrator of the Oklahoma Tax Commission, and the editor of “The Oklahoma Register”.

53-1-7221	CJB	03/22/11