Administrative rules-independent review and analysis.

25LSO-0658
2025
STATE OF WYOMING
25LSO-0658
Numbered
2.0

HOUSE BILL NO. HB0312

Administrative rules-independent review and analysis.

Sponsored by: Representative(s) Wasserburger

A BILL

for

AN ACT relating to administrative procedure; creating the regulatory review office; specifying duties and powers of the office; requiring analyses for each rule promulgated under the Wyoming Administrative Procedure Act; requiring reports; authorizing positions; providing an appropriation; specifying applicability; and providing for effective dates.

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

Section 1
.

W.S. 16
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3
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103.1 is created to read:

16
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3
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103.1.

Regulatory review office; duties; powers; cost
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benefit analysis required; sunset of rules.

(a)

The regulatory review office is hereby created within the office of the governor. The administrative head of the office shall be a director, who shall be appointed by the governor. Subject to available funding, the director may employ qualified persons to assist in the implementation of the duties and powers of the office. The governor shall include in the budget submitted for the office of the governor a budget for the regulatory review office.

(b)

The regulatory review office shall:

(i)

Review each rule formulated or adopted by each agency to:

(A)

Ensure compliance with this act and the procedures associated with promulgating rules under this act;

(B)

Ensure and maintain consistency among rules promulgated by all agencies;

(C)

Complete the cost
‑
benefit analysis required under this section.

(ii)

Oversee the development of all annual regulatory plans submitted in accordance with subsection (c) of this section and review the completed annual regulatory plans;

(iii)

Conduct cost
‑
benefit analyses of each rule in accordance with subsection (d) of this section;

(iv)

Coordinate with the governor, the governor's designee and the attorney general in the promulgation of rules under this act;

(v)

Coordinate with each agency to streamline all current rulemaking processes across all agencies, including the promulgation of rules in accordance with this act;

(vi)

If requested by an agency, provide technical assistance with the promulgation of rules under this act;

(vii)

Not less than one (1) time every five (5) years, conduct a systematic review of all rules promulgated by each agency to:

(A)

Ensure consistency and, where possible, uniformity among all agency rules;

(B)

Determine whether changes in rules are necessary in light of current law;

(C)

Determine whether any rules should be recommended for repeal or sunset because the rules are outdated, burdensome, obsolete or otherwise are not in accordance with law or current standards for rules.

(viii)

Not later than November 1 of each year, report to the governor, the attorney general and the management council of the legislature on:

(A)

The activities of the office;

(B)

A general summary of the cost
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benefit analyses conducted under this section for the immediately preceding fiscal year, including noting any rule for which a cost
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benefit analysis estimated an economic impact of not less than one hundred thousand dollars ($100,000.00) in Wyoming;

(C)

Any rules identified in the immediately preceding fiscal year that the office recommended for repeal or sunset because the rules are outdated, burdensome, obsolete or otherwise are not in accordance with law or current standards for rules;

(D)

Any recommendations for changes to the act.

(c)

Not later than July 1 of each year, each agency shall develop and submit an annual regulatory plan for rulemaking for the fiscal year. The plan shall:

(i)

Include a list of all anticipated rulemakings for the fiscal year;

(ii)

Describe steps that will be taken during the fiscal year to streamline the agency's rules, review for the potential repeal of the agency's rules that are burdensome or obsolete and ensure that the agency's rules are consistent with the rules of all other agencies;

(iii)

Submit the report to the regulatory review office;

(iv)

Post the report in a conspicuous location on the agency's main website home page.

(d)

Before adopting, amending or repealing any rule, and subject to subsection (e) of this section, the agency shall complete or cause to have completed a cost
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benefit analysis of the rule. The analysis shall either be included in the initial notice given under W.S. 16
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103(a)(i) or shall be separately provided through notice not later than thirty (30) days after notice for the rule is given under W.S. 16
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103(a)(i). The agency shall also publish the cost
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benefit analysis on its website. The analysis required under this subsection shall evaluate, at a minimum:

(i)

The need for the rule. The agency promulgating the rule shall provide, as part of the analysis under this subsection, a statement of need for the rule;

(ii)

An examination of alternatives to the enactment of the rule;

(iii)

The costs and benefits for the rule, including:

(A)

Estimated primary or direct benefits accruing as a result of the rule;

(B)

Estimated cost savings or financial benefits to the state and its residents and businesses;

(C)

Estimated compliance costs for regulated entities subject to the rule, including secondary or indirect costs associated with the rule;

(D)

Estimated effect on state revenue;

(E)

Estimated effect on state expenditures, including estimated administrative expenses;

(F)

Estimated opportunity costs. For purposes of this subparagraph, the cost of compliance in terms of any resulting removal of private capital from the market shall be included in the analysis;

(G)

The sources consulted to complete the analysis;

(H)

Key assumptions made and sources of uncertainty with the analysis;

(J)

Any other information the agency determines would be beneficial for consideration of the rule.

(e)

A cost
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benefit analysis required under subsection (d) of this section shall not be required for emergency rules promulgated under W.S. 16
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103(b), provided that the governor, following review by the regulatory review office, finds that an emergency exists necessitating the promulgation of an emergency rule.

(f)

The regulatory review office shall promulgate all rules necessary to implement this section. Rules promulgated under the authority granted in this subsection shall not require the completion of a cost
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benefit analysis before final adoption of the rules.

Section 2.

W.S. 16
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102(a) by creating a new paragraph (iv), (b) and (c) and 16
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103(a)(i) by creating a new subparagraph (M), (ii) by creating a new subparagraph (D) and by renumbering (D) as (E) are amended to read:

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102.

General rulemaking requirements; assistance and authority of attorney general.

(a)

In addition to other rulemaking requirements imposed by law, each agency shall:

(iv)

Complete an annual regulatory plan in accordance with W.S. 16
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103.1(c).

(b)

No agency rule, order or decision is valid or effective against any person or party, nor may it be invoked by the agency for any purpose, until it has been filed with the registrar of rules and made available for public inspection as required by this act
and until a cost
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benefit analysis has been completed as required by W.S. 16
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103.1(d)
. This subsection does not apply to orders or decisions in favor of any person or party with actual knowledge of the rule, order or decision.

(c)

In formulating rules of practice as required by this section, each agency may request the assistance of the attorney general
or the regulatory review office,
and upon request
,
the attorney general
and the regulatory review office
shall assist the agency or agencies in the preparation of rules of practice.

16
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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:

(M)

The cost
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benefit analysis for the rule required under W.S. 16
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103.1(d) or, if the analysis is incomplete when notice is provided under this paragraph, the date by which the cost
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benefit analysis will be completed and posted on the agency's website.

(ii)

Afford all interested persons reasonable opportunity to submit data, views or arguments, orally or in writing, provided this period shall consist of at least forty
‑
five (45) days from the later of the dates specified under subparagraph (A) of this paragraph, and provided:

(D)

If, before final adoption, any person objects to the accuracy of a statement made by the agency in the cost
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benefit analysis prepared under W.S. 16
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103.1(d), the agency shall include with the final rules submitted for review to the governor and the legislative service office a concise statement of the objection and the agency's response;

(D)
(E)

Upon adoption of the rule, the agency, if requested to do so by an interested person, either prior to adoption or within thirty (30) days thereafter, shall issue a concise statement of the principal reasons for overruling the consideration urged against its adoption.

Section 3
.

There is authorized three (3) full
‑
time equivalent positions for the office of the governor for the regulatory review office created in section 1 of this act beginning on the effective date of this section through June 30, 2026. It is the intent of the legislature that these three (3) full
‑
time equivalent positions be included in the standard budget of the office of the governor for the immediately succeeding fiscal biennium.

Section 4.

There is appropriated four hundred thousand dollars ($400,000.00) from the general fund to the office of the governor for purposes of funding the three (3) positions for the regulatory review office authorized in section 3 of this act. This appropriation shall be for the period beginning with the effective date of this section and ending June 30, 2026. This appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2026. It is the intent of the legislature that this appropriation be included and doubled in the standard budget of the office of the governor for the immediately succeeding fiscal biennium.

Section 5
.

This act shall apply to all rules for which notice is provided under W.S. 16
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103(a)(i) on and after July 1, 2025.

Section 6
.

The office of the governor may take any action necessary to implement this act by July 1, 2025.

Section 7
.

(a)

Except as provided in subsection (b) of this section, this act is effective July 1, 2025
.

(b)

Sections 3, 4, 6 and 7 of this act are effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

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HB0312