HB0117 • 2013

Administrative rules-takings assessment.

AN ACT relating to administrative procedure; requiring an agency to complete an assessment evaluating whether a proposed administrative rule is a regulatory taking; and providing for an effective date.

Taxes

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Representative Greear
Last action: 2013-03-14
Official status: enrolled
Effective date: 7/1/2013

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Bill History

2013-03-14 LSO
Assigned Chapter Number
2013-03-13 Governor
Governor Signed HEA No. 0051
2013-02-21 Senate
S President Signed HEA No. 0051
2013-02-20 House
H Speaker Signed HEA No. 0051
2013-02-19 LSO
Assigned Number HEA0051
2013-02-19 Senate
S Passed 3rd Reading
2013-02-15 Senate
S Passed 2nd Reading
2013-02-14 Senate
S Passed CoW
2013-02-08 Senate
S Placed on General File
2013-02-08 Senate
S05 Recommended Do Pass
2013-01-28 Senate
S Introduced and Referred to S05
2013-01-28 Senate
S Received for Introduction
2013-01-28 House
H Passed 3rd Reading
2013-01-25 House
H Passed 2nd Reading
2013-01-24 House
H Passed CoW
2013-01-22 House
H Placed on General File
2013-01-22 House
H05 Recommended Do Pass
2013-01-10 House
H Introduced and Referred to H05
2013-01-09 House
H Received for Introduction
2013-01-08 LSO
Bill Number Assigned

Official Summary Text

Bill No.: <billno> Drafter: <drafterinit>

Bill No.:
HB0117
Drafter:

MDO

LSO No.:
13LSO-0458
Effective Date:

7/1/2013

Enrolled Act No.:
HEA0051

Chapter No.:
CH0161

Prime Sponsor:
Representative Greear

Catch Title:
Administrative rules-takings assessment.

Subject:
Administration
of State Government and the Administrative Procedures Act

Summary/Major
Elements:

Currently in statute, an agency of Wyoming state government
must use a checklist and guidelines developed by the Attorney General to
determine whether an agency action takes private property without just
compensation (s
ee
the Wyoming Regulatory Takings Act W.S. 9-5-301
through 9-5-304).

This act:

Requires that an agency comply with the requirements of the Wyoming
Regulatory Takings Act prior to adoption, amendment or repeal of any rules,
except emergency rules.

Requires that when an agency gives notice of intent to adopt rules it
must include in that notice a statement that the agency has complied with the
requirements of Wyoming Regulatory Takings Act and where a person may obtain a
copy of the assessment used to evaluate whether the proposed rule is a
regulatory taking.

Current Bill Text

Read the full stored bill text

WORKING DRAFT

ORIGINAL HOUSE
BILL

NO.
0117

ENROLLED ACT NO. 51, HOUSE OF REPRESENTATIVES

SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING
2013 GENERAL SESSION

AN ACT relating to
administrative procedure; requiring an agency to
complete an assessment evaluating whether
a
proposed
administrative rule is
a regulatory taking
;
and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 16
‑
3
‑
103(a)(i) by
creating
a
new
subparagraph (H)
and by creating a new paragraph (iii)
is amended
to read:

16
‑
3
‑
103.

Adoption, amendment and repeal of rules; notice; hearing; emergency rules; proceedings to contest; review and approval by governor.

(a)

Prior to an agency's adoption, amendment or repeal of all rules other than interpretative rules or statements of general policy, the agency shall:

(i)

Give at least forty-five (45) days notice of its intended action. Notice shall be mailed to all persons making timely requests of the agency for advanced notice of its rulemaking proceedings and to the attorney general, the secretary of state's office as registrar of rules, and the legislative service office if a state agency. The agency shall submit a copy of the proposed rules, in a format conforming to any requirements prescribed pursuant to subsection (f) of this section, with the notice given to the legislative service office. The notice shall include:

(H)

A statement that the agency has complied with the req
uirements of W.
S. 9
‑
5
‑
304
and t
he
location
where an interested person may obtain a copy of
the
assessment used to evaluate the proposed rule pursuant to W.S. 9
‑
5
‑
304
.

(i
i
i)

Comply with the requirements of W.S. 9
‑
5
‑
304.

Section 2
.

This act is effective July 1, 2013.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk