Reinstate Legislature’s status as state lawmaking branch
More than half of Oklahoma’s codified law is not written by elected lawmakers, but by regulatory agencies staffed 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 final 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 significantly changes the regulatory playing field.
SB 913 also creates an expedited process for agencies to repeal outdated rules, with help from the Legislature.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 conflicts 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 When too many regulations build up over time without being repealed, economic growth slows down, fewer small businesses open, and wealth inequality increases as excessive rulemaking disproportionately burden low-income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.