The Oklahoman

Reinstate Legislatur­e’s status as state lawmaking branch

- Your Turn Dillon Chepp Guest columnist Dillon Chepp is the legal policy coordinato­r at Pacific Legal Foundation, a nonprofit legal organizati­on that defends Americans’ liberties.

More than half of Oklahoma’s codified law is not written by elected lawmakers, but by regulatory agencies staffed with unelected bureaucrat­s. Like legislatio­n, agency rules can take people’s property or their money, and even send them to jail.

Unfortunat­ely, regulators’ broad rulemaking authority — power that is delegated by the Legislatur­e, ironically — allows them to create the very laws they enforce. The result is a slew of oppressive rules that often exceed legislativ­e authority.

Oklahomans should be encouraged then, at the passage of Senate Bill 913 (SB 913). Signed by Gov. Kevin Stitt on April 12, the measure reforms the rulemaking process to ensure the branch most accountabl­e to the people — the Legislatur­e — has final say on the regulation­s bearing the force of law.

SB 913 restores democratic accountabi­lity in the administra­tive process in several ways. First, it creates a legislativ­e Joint Committee on Administra­tive Rules (JCAR) to review agency rules throughout the year and recommend legislativ­e approval or disapprova­l of each rule. Absent this focused oversight, the regulatory state seriously undermines the Legislatur­e’s core function as the lawmaking body.

As bill co-sponsor Rep. Terry O’Donnell (R-Catoosa) explains, “The problem is, we currently have one House committee dedicated to overseeing rules from almost 200 agencies, boards and commission­s during the crush of the four-month legislativ­e session.” Without a JCAR, most rules may escape oversight entirely, enabling greater overreach by unelected, unaccounta­ble agency leaders and staff.

Improving legislativ­e review of administra­tive rules was sorely needed in Oklahoma. Before SB 913, the Legislatur­e had limited ability to review rules, and seldom used its veto power, according to Wayne State University’s Center for Urban Studies. The new JCAR significantly changes the regulatory playing field.

SB 913 also creates an expedited process for agencies to repeal outdated rules, with help from the Legislatur­e. Normally, repealing a rule requires an agency to engage in a lengthy process even if the rule is no longer enforced or conflicts with other laws.

Excessive rules clutter the regulatory code, imposing unnecessar­y costs and uncertaint­y to personal and business activities. When too many regulation­s build up over time without being repealed, economic growth slows down, fewer small businesses open, and wealth inequality increases as excessive rulemaking disproport­ionately burden low-income households.

Respecting the separation of powers is critical to promoting liberty and protecting individual­s from government­al overreach. SB 913 is an important step in reinstatin­g the Legislatur­e’s status as the lawmaking branch and giving it additional oversight of the administra­tive state. Gov. Stitt, Sen. Julie Daniels and the Oklahoma Legislatur­e should be commended for enacting this law and restoring the separation of powers.

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