Wyoming 2025 Regular Session

Wyoming House Bill HB0312 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	2025
2	2	STATE OF WYOMING
3	3	25LSO-06581HB0312
4	4	HOUSE BILL NO. HB0312
5	5	Administrative rules-independent review and analysis.
6	6	Sponsored by: Representative(s) Wasserburger
7	7	A BILL
8	8	for
9	9	1 AN ACT relating to administrative procedure; creating the
10	10	2 regulatory review office; specifying duties and powers of
11	11	3 the office; requiring analyses for each rule promulgated
12	12	4 under the Wyoming Administrative Procedure Act; requiring
13	13	5 reports; authorizing positions; providing an appropriation;
14	14	6 specifying applicability; and providing for effective
15	15	7 dates.
16	16	8
17	17	9
18	18	10
19	19	11. W.S. 16-3-103.1 is created to read:
20	20	12
21	21	13
22	22	14
23	23	15 2025STATE OF WYOMING25LSO-06582HB03121 (a) The regulatory review office is hereby created
24	24	2 within the office of the governor. The administrative head
25	25	3 of the office shall be a director, who shall be appointed
26	26	4 by the governor. Subject to available funding, the director
27	27	5 may employ qualified persons to assist in the
28	28	6 implementation of the duties and powers of the office. The
29	29	7 governor shall include in the budget submitted for the
30	30	8 office of the governor a budget for the regulatory review
31	31	9 office.
32	32	10
33	33	11 (b) The regulatory review office shall:
34	34	12
35	35	13 (i) Review each rule formulated or adopted by
36	36	14 each agency to:
37	37	15
38	38	16 (A) Ensure compliance with this act and the
39	39	17 procedures associated with promulgating rules under this
40	40	18 act;
41	41	19
42	42	20 (B) Ensure and maintain consistency among
43	43	21 rules promulgated by all agencies;
44	44	22 2025STATE OF WYOMING25LSO-06583HB03121 (C) Complete the cost-benefit analysis
45	45	2 required under this section.
46	46	3
47	47	4 (ii) Oversee the development of all annual
48	48	5 regulatory plans submitted in accordance with subsection
49	49	6 (c) of this section and review the completed annual
50	50	7 regulatory plans;
51	51	8
52	52	9 (iii) Conduct cost-benefit analyses of each rule
53	53	10 in accordance with subsection (d) of this section;
54	54	11
55	55	12 (iv) Coordinate with the governor, the
56	56	13 governor's designee and the attorney general in the
57	57	14 promulgation of rules under this act;
58	58	15
59	59	16 (v) Coordinate with each agency to streamline
60	60	17 all current rulemaking processes across all agencies,
61	61	18 including the promulgation of rules in accordance with this
62	62	19 act;
63	63	20
64	64	21 (vi) If requested by an agency, provide
65	65	22 technical assistance with the promulgation of rules under
66	66	23 this act; 2025STATE OF WYOMING25LSO-06584HB03121
67	67	2 (vii) Not less than one (1) time every five (5)
68	68	3 years, conduct a systematic review of all rules promulgated
69	69	4 by each agency to:
70	70	5
71	71	6 (A) Ensure consistency and, where possible,
72	72	7 uniformity among all agency rules;
73	73	8
74	74	9 (B) Determine whether changes in rules are
75	75	10 necessary in light of current law;
76	76	11
77	77	12 (C) Determine whether any rules should be
78	78	13 recommended for repeal or sunset because the rules are
79	79	14 outdated, burdensome, obsolete or otherwise are not in
80	80	15 accordance with law or current standards for rules.
81	81	16
82	82	17 (viii) Not later than November 1 of each year,
83	83	18 report to the governor, the attorney general and the
84	84	19 management council of the legislature on:
85	85	20
86	86	21 (A) The activities of the office;
87	87	22 2025STATE OF WYOMING25LSO-06585HB03121 (B) A general summary of the cost-benefit
88	88	2 analyses conducted under this section for the immediately
89	89	3 preceding fiscal year, including noting any rule for which
90	90	4 a cost-benefit analysis estimated an economic impact of not
91	91	5 less than one hundred thousand dollars ($100,000.00) in
92	92	6 Wyoming;
93	93	7
94	94	8 (C) Any rules identified in the immediately
95	95	9 preceding fiscal year that the office recommended for
96	96	10 repeal or sunset because the rules are outdated,
97	97	11 burdensome, obsolete or otherwise are not in accordance
98	98	12 with law or current standards for rules;
99	99	13
100	100	14 (D) Any recommendations for changes to the
101	101	15 act.
102	102	16
103	103	17 (c) Not later than July 1 of each year, each agency
104	104	18 shall develop and submit an annual regulatory plan for
105	105	19 rulemaking for the fiscal year. The plan shall:
106	106	20
107	107	21 (i) Include a list of all anticipated
108	108	22 rulemakings for the fiscal year;
109	109	23 2025STATE OF WYOMING25LSO-06586HB03121 (ii) Describe steps that will be taken during
110	110	2 the fiscal year to streamline the agency's rules, review
111	111	3 for the potential repeal of the agency's rules that are
112	112	4 burdensome or obsolete and ensure that the agency's rules
113	113	5 are consistent with the rules of all other agencies;
114	114	6
115	115	7 (iii) Submit the report to the regulatory review
116	116	8 office;
117	117	9
118	118	10 (iv) Post the report in a conspicuous location
119	119	11 on the agency's main website home page.
120	120	12
121	121	13 (d) Before adopting, amending or repealing any rule,
122	122	14 and subject to subsection (e) of this section, the agency
123	123	15 shall complete or cause to have completed a cost-benefit
124	124	16 analysis of the rule. The analysis shall either be included
125	125	17 in the initial notice given under W.S. 16-3-103(a)(i) or
126	126	18 shall be separately provided through notice not later than
127	127	19 thirty (30) days after notice for the rule is given under
128	128	20 W.S. 16-3-103(a)(i). The agency shall also publish the
129	129	21 cost-benefit analysis on its website. The analysis required
130	130	22 under this subsection shall evaluate, at a minimum:
131	131	23 2025STATE OF WYOMING25LSO-06587HB03121 (i) The need for the rule. The agency
132	132	2 promulgating the rule shall provide, as part of the
133	133	3 analysis under this subsection, a statement of need for the
134	134	4 rule;
135	135	5
136	136	6 (ii) An examination of alternatives to the
137	137	7 enactment of the rule;
138	138	8
139	139	9 (iii) The costs and benefits for the rule,
140	140	10 including:
141	141	11
142	142	12 (A) Estimated primary or direct benefits
143	143	13 accruing as a result of the rule;
144	144	14
145	145	15 (B) Estimated cost savings or financial
146	146	16 benefits to the state and its residents and businesses;
147	147	17
148	148	18 (C) Estimated compliance costs for
149	149	19 regulated entities subject to the rule, including secondary
150	150	20 or indirect costs associated with the rule;
151	151	21
152	152	22 (D) Estimated effect on state revenue;
153	153	23 2025STATE OF WYOMING25LSO-06588HB03121 (E) Estimated effect on state expenditures,
154	154	2 including estimated administrative expenses;
155	155	3
156	156	4 (F) Estimated opportunity costs. For
157	157	5 purposes of this subparagraph, the cost of compliance in
158	158	6 terms of any resulting removal of private capital from the
159	159	7 market shall be included in the analysis;
160	160	8
161	161	9 (G) The sources consulted to complete the
162	162	10 analysis;
163	163	11
164	164	12 (H) Key assumptions made and sources of
165	165	13 uncertainty with the analysis;
166	166	14
167	167	15 (J) Any other information the agency
168	168	16 determines would be beneficial for consideration of the
169	169	17 rule.
170	170	18
171	171	19 (e) A cost-benefit analysis required under subsection
172	172	20 (d) of this section shall not be required for emergency
173	173	21 rules promulgated under W.S. 16-3-103(b), provided that the
174	174	22 governor, following review by the regulatory review office, 2025STATE OF WYOMING25LSO-06589HB0312
175	175	1 finds that an emergency exists necessitating the
176	176	2 promulgation of an emergency rule.
177	177	3
178	178	4 (f) The regulatory review office shall promulgate all
179	179	5 rules necessary to implement this section. Rules
180	180	6 promulgated under the authority granted in this subsection
181	181	7 shall not require the completion of a cost-benefit analysis
182	182	8 before final adoption of the rules.
183	183	9
184	184	10
185	185	11 paragraph (iv), (b) and (c) and 16-3-103(a)(i) by creating
186	186	12 a new subparagraph (M), (ii) by creating a new subparagraph
187	187	13 (D) and by renumbering (D) as (E) are amended to read:
188	188	14
189	189	15
190	190	16
191	191	17
192	192	18 (a) In addition to other rulemaking requirements
193	193	19 imposed by law, each agency shall:
194	194	20
195	195	21
196	196	22
197	197	23 2025STATE OF WYOMING25LSO-065810HB03121 (b) No agency rule, order or decision is valid or
198	198	2 effective against any person or party, nor may it be
199	199	3 invoked by the agency for any purpose, until it has been
200	200	4 filed with the registrar of rules and made available for
201	201	5 public inspection as required by this act
202	202	6
203	203	7. This subsection does not apply to
204	204	8 orders or decisions in favor of any person or party with
205	205	9 actual knowledge of the rule, order or decision.
206	206	10
207	207	11 (c) In formulating rules of practice as required by
208	208	12 this section, each agency may request the assistance of the
209	209	13 attorney general and upon
210	210	14 request, the attorney general
211	211	15 shall assist the agency or agencies in the
212	212	16 preparation of rules of practice.
213	213	17
214	214	18
215	215	19
216	216	20
217	217	21 2025STATE OF WYOMING25LSO-065811HB03121 (a) Prior to an agency's adoption, amendment or
218	218	2 repeal of all rules other than interpretative rules or
219	219	3 statements of general policy, the agency shall:
220	220	4
221	221	5 (i) Give at least forty-five (45) days notice of
222	222	6 its intended action. Notice shall be mailed to all persons
223	223	7 making timely requests of the agency for advanced notice of
224	224	8 its rulemaking proceedings and to the attorney general, the
225	225	9 secretary of state's office as registrar of rules, and the
226	226	10 legislative service office if a state agency. The agency
227	227	11 shall submit a copy of the proposed rules, in a format
228	228	12 conforming to any requirements prescribed pursuant to
229	229	13 subsection (f) of this section, with the notice given to
230	230	14 the legislative service office. The notice shall include:
231	231	15
232	232	16
233	233	17
234	234	18
235	235	19
236	236	20
237	237	21
238	238	22 (ii) Afford all interested persons reasonable
239	239	23 opportunity to submit data, views or arguments, orally or 2025STATE OF WYOMING25LSO-065812HB0312
240	240	1 in writing, provided this period shall consist of at least
241	241	2 forty-five (45) days from the later of the dates specified
242	242	3 under subparagraph (A) of this paragraph, and provided:
243	243	4
244	244	5
245	245	6
246	246	7
247	247	8
248	248	9
249	249	10
250	250	11
251	251	12
252	252	13 (E) Upon adoption of the rule, the
253	253	14 agency, if requested to do so by an interested person,
254	254	15 either prior to adoption or within thirty (30) days
255	255	16 thereafter, shall issue a concise statement of the
256	256	17 principal reasons for overruling the consideration urged
257	257	18 against its adoption.
258	258	19
259	259	20. There is authorized three (3) fulltime
260	260	21 equivalent positions for the office of the governor for the
261	261	22 regulatory review office created in section 1 of this act
262	262	23 beginning on the effective date of this section through 2025STATE OF WYOMING25LSO-065813HB0312
263	263	1 June 30, 2026. It is the intent of the legislature that
264	264	2 these three (3) full-time equivalent positions be included
265	265	3 in the standard budget of the office of the governor for
266	266	4 the immediately succeeding fiscal biennium.
267	267	5
268	268	6There is appropriated four hundred
269	269	7 thousand dollars ($400,000.00) from the general fund to the
270	270	8 office of the governor for purposes of funding the three
271	271	9 (3) positions for the regulatory review office authorized
272	272	10 in section 3 of this act. This appropriation shall be for
273	273	11 the period beginning with the effective date of this
274	274	12 section and ending June 30, 2026. This appropriation shall
275	275	13 not be transferred or expended for any other purpose and
276	276	14 any unexpended, unobligated funds remaining from this
277	277	15 appropriation shall revert as provided by law on June 30,
278	278	16 2026. It is the intent of the legislature that this
279	279	17 appropriation be included and doubled in the standard
280	280	18 budget of the office of the governor for the immediately
281	281	19 succeeding fiscal biennium.
282	282	20
283	283	21. This act shall apply to all rules for
284	284	22 which notice is provided under W.S. 16-3-
285	285	23 after July 1, 2025. 2025STATE OF WYOMING25LSO-065814HB03121
286	286	2. The office of the governor may take any
287	287	3 action necessary to implement this act by July 1, 2025.
288	288	4
289	289	5.
290	290	6
291	291	7 (a) Except as provided in subsection (b) of this
292	292	8 section, this act is effective July 1, 2025.
293	293	9
294	294	10 (b) Sections 3, 4, 6 and 7 of this act are effective
295	295	11 immediately upon completion of all acts necessary for a
296	296	12 bill to become law as provided by Article 4, Section 8 of
297	297	13 the Wyoming Constitution.
298	298	14
299	299	15 (END)