SF0127

Requires legislative ratification of major agency rules before they become effective and establishes a regulatory impact analysis process for identifying and reviewing major rules.

• Defines a major agency rule as one that will result in annual economic impact of at least $100,000, significant adverse effects on competition or employment, or significant changes in social and cultural relations. (W.S. 16-3-101(b)(xiii))
• Requires the chief economist of the legislative service office to complete a regulatory impact analysis for each rule that may be a major agency rule within 60 days of submission, or as soon as practicable if submitted near a legislative session. (W.S. 28-9-109(b)-(e))
• Specifies that regulatory impact analysis must include statement of need, statutory authority, examination of alternatives, and detailed evaluation of costs and benefits including direct benefits, cost savings, compliance costs, secondary costs, revenue effects, and opportunity costs. (W.S. 28-9-109(c))
• Requires management council to determine by majority vote within 15 days of receiving the regulatory impact analysis whether a rule is a major agency rule. (W.S. 28-9-109(d))
• Requires the legislature to ratify or reject each major agency rule by majority vote in each house during the next regular or special legislative session after receiving the rule, with rules received in the last 15 days of a session considered at the next session. (W.S. 16-3-103.1(a))
• Provides that major agency rules become effective upon legislative ratification or the date specified in the rule, whichever is later, and prohibits effectiveness of rules that fail ratification. (W.S. 16-3-103.1(c)-(d))
• Allows the governor to designate a major agency rule as an emergency rule if an emergency or federal requirement necessitates immediate effectiveness, effective upon governor approval but void if not ratified by the legislature and in no event effective for more than 120 days without legislative action. (W.S. 16-3-103.1(e))
• Permits major agency rules adopted in response to newly enacted legislation to take effect without ratification until the next legislative session, at which time they must be considered for ratification.