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Oklahoma REINS-style state law

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What is a REINS-style state law?

REINS-style state laws refer to state laws in the spirit of the federal Regulations from the Executive in Need of Scrutiny (REINS) Act that require legislative approval of proposed state agency rules with associated costs in excess of a certain monetary threshold. REINS-style state laws aim to give state legislators the preemptive authority to halt the initial enactment of certain administrative regulations.

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The Oklahoma REINS-style state law (House Bill 2728 and Senate Bill 995) defines major rules as rules with implementation and compliance costs exceeding $1 million over five years and requires that all permanent rules, including major rules, be approved by a joint resolution of the legislature to take effect. Oklahoma's REINS-style state law was enacted by the Oklahoma State Legislature through a combination of two bills (HB2728 and SB995) in May of 2025.

HB2728 was enacted on May 21, 2025 after approval by Oklahoma Governor Kevin Stitt (R) and directs the Legislative Office of Fiscal Transparency (LOFT) to independently review and verify economic impact statements for rules with implementation and compliance costs exceeding $1 million over five years and to report on these rules to the legislature. These are defined as major rules by the bill.[1] Senate Bill 995, enacted on May 27 without Gov. Kevin Stitt’s signature, amends the Oklahoma Administrative Procedures Act (APA) to require that all permanent rules, including major rules defined in HB 2728, be approved by a joint resolution of the Legislature to take effect.[2]

Prior to SB995's action that repealed Section 75-308.3 of the Oklahoma Administrative Procedure Act (APA), Oklahoma's legislature used omnibus joint resolutions to approve a package of rules and if a joint resolution failed to pass both houses of the legislature the governor had authority to declare those rules approved and adopted by publishing a single declaration in The Oklahoma Register.

REINS-style state laws refer to state laws in the spirit of the federal Regulations from the Executive in Need of Scrutiny (REINS) Act. These laws require legislative approval of proposed state agency rules that carry associated costs in excess of a certain monetary threshold.

The Oklahoma REINS Act includes the following provision:[1][2]

“

HB 2728

A. The Legislative Office of Fiscal Transparency (LOFT) shall provide independent and reliable economic analysis to assist the Legislature in reviewing proposed administrative rules of state agencies classified as major rules pursuant to the Administrative Procedures Act. Unless otherwise approved by the President Pro Tempore of the Senate and the Speaker of the House of Representatives, the duties prescribed by this section shall be accomplished within the existing full-time-employee count of LOFT.

B. 1. Within twenty-one (21) calendar days of receiving a proposed rule and its supporting documents, LOFT shall analyze whether the proposing agency has complied with the requirements of Section 303 of Title 75 of the Oklahoma Statutes. LOFT shall assess whether the proposed rule could result in implementation and compliance costs of more than One Million Dollars ($1,000,000.00) over the initial five-year period after implementation. [1] [3]

”


“

SB 995

SB 995 modifies the Administrative Procedures Act by providing that any rules not acted upon by the adoption of a joint resolution are deemed to be disapproved. [4]

[3]

”

Background

See also: Rulemaking, REINS Act

The federal REINS Act, which the Oklahoma state version was modeled on, was initially designed by Tea Party activist Lloyd Rogers in 2009. Rogers contacted former U.S. Representative Geoff Davis (R-Ky.) to propose legislation requiring that "all rules, regulations, or mandates that require citizens, state or local government financial expenditures must first be approved by the U.S. Congress before they can become effective." The proposal was incorporated into the Republican Party's Pledge to America legislative agenda leading up to the 2010 election cycle and was later introduced as legislation. It has since been introduced in the 112th Congress (2011-2013) through the 118th Congress (2023-2025).[5][6]

Legislative history

HB 2728, also known as the OK REINS Act of 2025 was introduced into the Oklahoma House of Representatives on January 16, 2025, and referred to the House Administrative Rules Committee. After passing the state house on February 20, 2025, and the state senate on May 14 , 2025, HB 2728 was signed by Governor Kevin Stitt (R) on May 21, 2025. [1]

SB 995 was introduced on January 16, 2025, and sent to the Senate Administrative Rules Committee. After passing the State Senate on March 26, 2025, and the State House May 15, 2025, SB 995 became law without Governor Kevin Stitt's signature on May 27, 2025.[2]

View all

Cost benefit provisions

The sections below contain a series of quotes explaining the major cost benefit and economic threshold provisions of the law. The quotes outline the proposed changes to the role of the Legislative Office of Fiscal Transparency (LOFT), definition of major rules, requirements for detailed rule impact statements.

Definition of major rules

The following section outlines the bill's definition of major rules:[1]

“ “Major rule” means any administrative rule, whether emergency or permanent in nature, that will result in or is likely to result in One Million Dollars ($1,000,000.00) or more over the initial five-year period in implementation and compliance costs that are reasonably expected to be incurred by or passed along to businesses, state or local government units, and individuals as a result of the proposed rule following the promulgation of such rule;

[3]

”

Reporting Requirements

The following section outlines the bills economic impact reporting requirements:Cite error: Invalid <ref> tag; invalid names, e.g. too many

“

B. By the adoption of joint resolutions during the review period specified in subsection A of this section, the Legislature may disapprove or approve any rule and disapprove all or part of a rule or rules. Any rules not acted upon by the adoption of a joint resolution shall be deemed disapproved. [3]

”

Legislative Review

The following section outlines the bill's legislative review requirements:[1]

“

The Legislative Office of Fiscal Transparency (LOFT) shall provide independent and reliable economic analysis to assist the Legislature in reviewing proposed administrative rules of state agencies classified as major rules pursuant to the Administrative Procedures Act. Unless otherwise approved by the President Pro Tempore of the Senate and the Speaker of the House of Representatives, the duties prescribed by this section shall be accomplished within the existing full-time-employee count of LOFT.

Within twenty-one (21) calendar days of receiving a proposed rule and its supporting documents, LOFT shall analyze whether the proposing agency has complied with the requirements of Section 303 of Title 75 of the Oklahoma Statutes. LOFT shall assess whether the proposed rule could result in implementation and compliance costs of more than One Million Dollars ($1,000,000.00) over the initial five-year period after implementation. [3]

”

Prohibition on combining major rules with non-major rules

The following section outlines the bill's requirements prohibiting major rules and non-major rules from being combined in a single joint resolution for legislative review and approval or disapproval: [1]

“

Provided, major rules shall be addressed in one or more joint resolutions only addressing major rules, regardless of whether the joint resolution is to approve or disapprove such rules. [3]

”

Emergency Rules

The following section outlines the bill's requirements for emergency rules: [1]

“ 2. Prior to approval of emergency rules, the Governor shall submit the emergency rule to the Secretary of State for review of proper formatting.

3. If the Governor determines the agency has established the rule is necessary as an emergency measure pursuant to subsection A of this section, the Governor shall approve the proposed emergency rule if the rule is:

a. clear, concise, and understandable,

b. within the power of the agency to make and within the enacted legislative standards, and

c. made in compliance with the requirements of the Administrative Procedures Act. [3]

”

Noteworthy events

Oklahoma passes REINS and state agency reform bills

In their 2025 legislative session, Oklahoma enacted a set of four bills, including HB 2728 and SB 995, related to the administrative state and decreasing the authority and influence of state agencies. HB 2728 and SB 995 were related to legislative control. The other two were related to judicial control and executive control, respectively:

  • House Bill 2729 changes judicial deference standards and requires state courts to interpret state statutes and regulations independently rather than deferring to a state agency’s interpretation. This follows the U.S. Supreme Court’s June 2024 decision to overturn the Chevron doctrine.
  • Senate Bill 1024 prohibits the adoption of a proposed rule by an agency unless the agency receives approval from the governor or the appropriate cabinet secretary.

The Oklahoma Legislature adjourned on May 30, 2025. [7]

State legislation related to REINS-style state laws

The map and table below show REINS-style legislation and legislation designed to establish a cost analysis threshold for legislative oversight since 2024. Click here to view the legislation in Ballotpedia's Administrative State legislation tracker and explore by bill status, provision details, sponsors, and more.

Scroll through the table below and click on each bill in the table to see details. Click here to view the legislation in Ballotpedia's Administrative State legislation tracker and explore by bill status, provision details, sponsors, and more.



See also

External links

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 Oklahoma State Legislature, "House Bill 2728," accessed May 28, 2025
  2. ↑ 2.0 2.1 2.2 'Oklahoma State Legislature, "Senate Bill 995," accessed May 28, 2025
  3. ↑ 3.0 3.1 3.2 3.3 3.4 3.5 3.6 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  4. ↑ 'Oklahoma State Legislature, "House Bill 995 Summary," accessed May 28, 2025
  5. ↑ The Jackson Sun, "We were never closer to seeing REINS Act become law," January 4, 2017
  6. ↑ Boston Herald, "Smith: Congress can regain power with REINS," January 6, 2017
  7. ↑ "Oklahoma passes REINS Act, legislative and executive oversight, and judicial nondeference bills," accessed June 4, 2025
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