ALEC Policy Champions Reduce Agency Overreach in Oklahoma

ALEC is proud to recognize Oklahoma Sen. Micheal Bergstrom and Rep. Gerrid Kendrix as the newest ALEC Policy Champions for successfully carrying HB 2728 and HB 2729 through their respective chambers and getting both bills signed into law. These bills will reduce agency overreach as HB 2728 brings REINS-style legislation to Oklahoma and HB 2729 ends judicial deference practices in its courts.

The pair also coauthored SB 1024, which gives the Governor the ability to reject proposed rules before they go to the legislature, and SB 995, which makes it so that no proposed rule can go into effect unless the legislature acts upon it — and if a rule is not acted upon, it is rejected. All of these bills were signed by Gov. Kevin Stitt on May 21.

HB 2728 establishes the Legislative Economic Analysis Unit (LEAU) within the Legislative Office of Fiscal Transparency (LOFT) to conduct independent economic analyses of proposed rules and regulations. If a proposal is determined to be a “major rule” — defined as having $1 million or more in compliance costs over the first five years of implementation — it must receive legislative approval before taking effect.

As Representative Kendrix highlights, HB 2728 restores accountability in the government rule-making process: “This is a major step toward ensuring the people’s elected representatives—not unelected agencies—have the final say on costly regulations. State agencies hold significant power in implementing laws, and this bill makes sure the Legislature plays a more active role in the process.”

This reform shares similarities with one of the ALEC Essential Policy Solutions for 2025, the Targeted Legislative Review Act. The model policy creates an LEAU to provide economic analysis and determine if a proposal qualifies as a “major rule.” If such a determination is made, the proposal must be approved by the legislature. This model policy improves democratic accountability for agency rules and does not implement legislative rules without legislative approval.

Additionally, HB 2729 prohibits Oklahoma courts from deferring to state agency interpretations of law, requiring courts to review legal issues de novo. This aligns with the ALEC Judicial Deference Reform Act. The passage of this bill is a significant stride to promote fairness in Oklahoma’s courts and ensure unelected agency bureaucrats cannot dictate what the law is or how it is applied. Several states have prohibited the deference practice through similar legislation in recent years, and over 19 anti-deference bills have moved through state legislatures this 2025 session.

Congratulations to Sen. Micheal Bergstrom and Rep. Gerrid Kendrix for returning rule-making authority to the legislature and reducing agency overreach in Oklahoma!