STATE OF OKLAHOMA

2nd Session of the 53rd Legislature (2012)

SENATE JOINT
RESOLUTION 90	By:	Burrage

AS INTRODUCED

A Joint Resolution disapproving an emergency rule relating to the Oklahoma Insurance Department; directing distribution; and declaring an emergency.

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 the provisions of Sections 307.1, 2043, 3611 and 4403 of Title 36 of the Oklahoma Statues, the Insurance Commissioner shall be responsible for adopting and promulgating rules for the implementation and administration of the provisions of the Insurance Code; and
WHEREAS, the Legislature recognizes that the amendments to OAC 365:10-1-15 which were adopted by the Insurance Commissioner on an emergency basis on October 28, 2011, and approved by the Governor on December 5, 2011, in their current form, do not reflect the intent of the Oklahoma Legislature.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE 2ND SESSION OF THE 53RD OKLAHOMA LEGISLATURE:
SECTION 1.  The Legislature hereby disapproves emergency rule OAC 365:10-1-15.
SECTION 2.  The Secretary of State is hereby directed to distribute copies of this resolution to the Governor, the Insurance Commissioner, and the Editor of "The Oklahoma Register".
SECTION 3.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

53-2-3080	ARE	1/19/2012 9:21:16 PM