2025
STATE OF WYOMING
25LSO-06581HB0312
HOUSE BILL NO. HB0312
Administrative rules-independent review and analysis.
Sponsored by: Representative(s) Wasserburger
A BILL
for
1 AN ACT relating to administrative procedure; creating the
2 regulatory review office; specifying duties and powers of
3 the office; requiring analyses for each rule promulgated
4 under the Wyoming Administrative Procedure Act; requiring
5 reports; authorizing positions; providing an appropriation;
6 specifying applicability; and providing for effective
7 dates.
8
9
10
11. W.S. 16-3-103.1 is created to read:
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13
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15 2025STATE OF WYOMING25LSO-06582HB03121 (a) The regulatory review office is hereby created
2 within the office of the governor. The administrative head
3 of the office shall be a director, who shall be appointed
4 by the governor. Subject to available funding, the director
5 may employ qualified persons to assist in the
6 implementation of the duties and powers of the office. The
7 governor shall include in the budget submitted for the
8 office of the governor a budget for the regulatory review
9 office.
10
11 (b) The regulatory review office shall:
12
13 (i) Review each rule formulated or adopted by
14 each agency to:
15
16 (A) Ensure compliance with this act and the
17 procedures associated with promulgating rules under this
18 act;
19
20 (B) Ensure and maintain consistency among
21 rules promulgated by all agencies;
22 2025STATE OF WYOMING25LSO-06583HB03121 (C) Complete the cost-benefit analysis
2 required under this section.
3
4 (ii) Oversee the development of all annual
5 regulatory plans submitted in accordance with subsection
6 (c) of this section and review the completed annual
7 regulatory plans;
8
9 (iii) Conduct cost-benefit analyses of each rule
10 in accordance with subsection (d) of this section;
11
12 (iv) Coordinate with the governor, the
13 governor's designee and the attorney general in the
14 promulgation of rules under this act;
15
16 (v) Coordinate with each agency to streamline
17 all current rulemaking processes across all agencies,
18 including the promulgation of rules in accordance with this
19 act;
20
21 (vi) If requested by an agency, provide
22 technical assistance with the promulgation of rules under
23 this act; 2025STATE OF WYOMING25LSO-06584HB03121
2 (vii) Not less than one (1) time every five (5)
3 years, conduct a systematic review of all rules promulgated
4 by each agency to:
5
6 (A) Ensure consistency and, where possible,
7 uniformity among all agency rules;
8
9 (B) Determine whether changes in rules are
10 necessary in light of current law;
11
12 (C) Determine whether any rules should be
13 recommended for repeal or sunset because the rules are
14 outdated, burdensome, obsolete or otherwise are not in
15 accordance with law or current standards for rules.
16
17 (viii) Not later than November 1 of each year,
18 report to the governor, the attorney general and the
19 management council of the legislature on:
20
21 (A) The activities of the office;
22 2025STATE OF WYOMING25LSO-06585HB03121 (B) A general summary of the cost-benefit
2 analyses conducted under this section for the immediately
3 preceding fiscal year, including noting any rule for which
4 a cost-benefit analysis estimated an economic impact of not
5 less than one hundred thousand dollars ($100,000.00) in
6 Wyoming;
7
8 (C) Any rules identified in the immediately
9 preceding fiscal year that the office recommended for
10 repeal or sunset because the rules are outdated,
11 burdensome, obsolete or otherwise are not in accordance
12 with law or current standards for rules;
13
14 (D) Any recommendations for changes to the
15 act.
16
17 (c) Not later than July 1 of each year, each agency
18 shall develop and submit an annual regulatory plan for
19 rulemaking for the fiscal year. The plan shall:
20
21 (i) Include a list of all anticipated
22 rulemakings for the fiscal year;
23 2025STATE OF WYOMING25LSO-06586HB03121 (ii) Describe steps that will be taken during
2 the fiscal year to streamline the agency's rules, review
3 for the potential repeal of the agency's rules that are
4 burdensome or obsolete and ensure that the agency's rules
5 are consistent with the rules of all other agencies;
6
7 (iii) Submit the report to the regulatory review
8 office;
9
10 (iv) Post the report in a conspicuous location
11 on the agency's main website home page.
12
13 (d) Before adopting, amending or repealing any rule,
14 and subject to subsection (e) of this section, the agency
15 shall complete or cause to have completed a cost-benefit
16 analysis of the rule. The analysis shall either be included
17 in the initial notice given under W.S. 16-3-103(a)(i) or
18 shall be separately provided through notice not later than
19 thirty (30) days after notice for the rule is given under
20 W.S. 16-3-103(a)(i). The agency shall also publish the
21 cost-benefit analysis on its website. The analysis required
22 under this subsection shall evaluate, at a minimum:
23 2025STATE OF WYOMING25LSO-06587HB03121 (i) The need for the rule. The agency
2 promulgating the rule shall provide, as part of the
3 analysis under this subsection, a statement of need for the
4 rule;
5
6 (ii) An examination of alternatives to the
7 enactment of the rule;
8
9 (iii) The costs and benefits for the rule,
10 including:
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12 (A) Estimated primary or direct benefits
13 accruing as a result of the rule;
14
15 (B) Estimated cost savings or financial
16 benefits to the state and its residents and businesses;
17
18 (C) Estimated compliance costs for
19 regulated entities subject to the rule, including secondary
20 or indirect costs associated with the rule;
21
22 (D) Estimated effect on state revenue;
23 2025STATE OF WYOMING25LSO-06588HB03121 (E) Estimated effect on state expenditures,
2 including estimated administrative expenses;
3
4 (F) Estimated opportunity costs. For
5 purposes of this subparagraph, the cost of compliance in
6 terms of any resulting removal of private capital from the
7 market shall be included in the analysis;
8
9 (G) The sources consulted to complete the
10 analysis;
11
12 (H) Key assumptions made and sources of
13 uncertainty with the analysis;
14
15 (J) Any other information the agency
16 determines would be beneficial for consideration of the
17 rule.
18
19 (e) A cost-benefit analysis required under subsection
20 (d) of this section shall not be required for emergency
21 rules promulgated under W.S. 16-3-103(b), provided that the
22 governor, following review by the regulatory review office, 2025STATE OF WYOMING25LSO-06589HB0312
1 finds that an emergency exists necessitating the
2 promulgation of an emergency rule.
3
4 (f) The regulatory review office shall promulgate all
5 rules necessary to implement this section. Rules
6 promulgated under the authority granted in this subsection
7 shall not require the completion of a cost-benefit analysis
8 before final adoption of the rules.
9
10
11 paragraph (iv), (b) and (c) and 16-3-103(a)(i) by creating
12 a new subparagraph (M), (ii) by creating a new subparagraph
13 (D) and by renumbering (D) as (E) are amended to read:
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15
16
17
18 (a) In addition to other rulemaking requirements
19 imposed by law, each agency shall:
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21
22
23 2025STATE OF WYOMING25LSO-065810HB03121 (b) No agency rule, order or decision is valid or
2 effective against any person or party, nor may it be
3 invoked by the agency for any purpose, until it has been
4 filed with the registrar of rules and made available for
5 public inspection as required by this act
6
7. This subsection does not apply to
8 orders or decisions in favor of any person or party with
9 actual knowledge of the rule, order or decision.
10
11 (c) In formulating rules of practice as required by
12 this section, each agency may request the assistance of the
13 attorney general and upon
14 request, the attorney general
15 shall assist the agency or agencies in the
16 preparation of rules of practice.
17
18
19
20
21 2025STATE OF WYOMING25LSO-065811HB03121 (a) Prior to an agency's adoption, amendment or
2 repeal of all rules other than interpretative rules or
3 statements of general policy, the agency shall:
4
5 (i) Give at least forty-five (45) days notice of
6 its intended action. Notice shall be mailed to all persons
7 making timely requests of the agency for advanced notice of
8 its rulemaking proceedings and to the attorney general, the
9 secretary of state's office as registrar of rules, and the
10 legislative service office if a state agency. The agency
11 shall submit a copy of the proposed rules, in a format
12 conforming to any requirements prescribed pursuant to
13 subsection (f) of this section, with the notice given to
14 the legislative service office. The notice shall include:
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16
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21
22 (ii) Afford all interested persons reasonable
23 opportunity to submit data, views or arguments, orally or 2025STATE OF WYOMING25LSO-065812HB0312
1 in writing, provided this period shall consist of at least
2 forty-five (45) days from the later of the dates specified
3 under subparagraph (A) of this paragraph, and provided:
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5
6
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12
13 (E) Upon adoption of the rule, the
14 agency, if requested to do so by an interested person,
15 either prior to adoption or within thirty (30) days
16 thereafter, shall issue a concise statement of the
17 principal reasons for overruling the consideration urged
18 against its adoption.
19
20. There is authorized three (3) fulltime
21 equivalent positions for the office of the governor for the
22 regulatory review office created in section 1 of this act
23 beginning on the effective date of this section through 2025STATE OF WYOMING25LSO-065813HB0312
1 June 30, 2026. It is the intent of the legislature that
2 these three (3) full-time equivalent positions be included
3 in the standard budget of the office of the governor for
4 the immediately succeeding fiscal biennium.
5
6There is appropriated four hundred
7 thousand dollars ($400,000.00) from the general fund to the
8 office of the governor for purposes of funding the three
9 (3) positions for the regulatory review office authorized
10 in section 3 of this act. This appropriation shall be for
11 the period beginning with the effective date of this
12 section and ending June 30, 2026. This appropriation shall
13 not be transferred or expended for any other purpose and
14 any unexpended, unobligated funds remaining from this
15 appropriation shall revert as provided by law on June 30,
16 2026. It is the intent of the legislature that this
17 appropriation be included and doubled in the standard
18 budget of the office of the governor for the immediately
19 succeeding fiscal biennium.
20
21. This act shall apply to all rules for
22 which notice is provided under W.S. 16-3-
23 after July 1, 2025. 2025STATE OF WYOMING25LSO-065814HB03121
2. The office of the governor may take any
3 action necessary to implement this act by July 1, 2025.
4
5.
6
7 (a) Except as provided in subsection (b) of this
8 section, this act is effective July 1, 2025.
9
10 (b) Sections 3, 4, 6 and 7 of this act are effective
11 immediately upon completion of all acts necessary for a
12 bill to become law as provided by Article 4, Section 8 of
13 the Wyoming Constitution.
14
15 (END)