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HB 147: JUDICIAL REVIEW OF AGENCY RULES - 1997 General Session
Sponsor: Rep. Bruce Hinchey (R-H36, Casper)
HB 147 proposed to change the way courts look at rules promulgated by state government agencies.
When developing new rules and regulations, government agencies must follow a rulemaking process that includes opportunities for public participation. When this process is completed, the new rules and regulations are published and become effective, having the force of law.
Currently, courts presume agency rules to be valid, and it is up to those challenging the rules to prove that the rules are unconstitutional, arbitrary and capricious, in excess of statutory authority, or that proper rulemaking procedures were not followed.
HB 147 would have turned the presumption of validity on its head, placing the burden of proof on the agency - rather than the challenger - to show that its rules are substantively and procedurally valid.
Proponents argued that placing the burden of proof on government agencies to justify their rules would make the agencies evaluate proposed rules more carefully.
Opponents argued that it would give challengers a field day, opening agency rules to attack from every side - for example, industry might challenge an environmental agency’s rules as too strict, and environmentalists might challenge them as too lax.
HB 147 passed the House, 39-21, but was voted down unanimously in the Senate Rules & Procedure Committee.
The votes listed below are the third reading (final passage) vote in the House and the Senate Rules & Procedure Committee vote.
A YES vote means the legislator favored shifting the burden of proof for validity of administrative rules from those challenging the rules to the agency administering the rules.
A NO vote means the legislator favored keeping the burden of proof on those challenging agency rules.
|
BIG HORN BASIN LEGISLATORS |
Vote |
|
|
H24 |
Rep. Peg Shreve (R) |
Yes |
|
H50 |
Rep. Pat Childers (R) |
Yes |
|
H25 |
Rep. Denny Smith (R) |
Yes |
|
H26 |
Rep. Chas. Hessenthaler (R) |
No |
|
H27 |
Rep. Ray Harrison (R) |
Yes |
|
H28 |
Rep. Mike Baker (R) |
Yes |
|
CASPER-AREA LEGISLATORS |
Vote |
|
|
H35 |
Rep. Dorothy Perkins (R) |
No |
|
H36 |
Rep. Bruce Hinchey (R) |
Yes |
|
H56 |
Rep. Pat Nagel (R) |
Yes |
|
H57 |
Rep. Bob Tanner (R) |
Yes |
|
H37 |
Rep. Rick Tempest (R) |
Yes |
|
H59 |
Rep. Nancy Berry (D) |
No |
|
H38 |
Rep. Carolyn Paseneaux (R) |
Yes |
|
H58 |
Rep. Ann Robinson (D) |
No |
|
CHEYENNE-AREA LEGISLATORS |
Vote |
|
|
H7 |
Rep. Tony Ross (R) |
Yes |
|
H41 |
Rep. Mac McGraw (D) |
No |
|
H8 |
Rep. Larry Meuli (R) |
No |
|
H42 |
Rep. John Hanes (R) |
Yes |
|
H9 |
Rep. Wayne Johnson (R) |
No |
|
H10 |
Rep. Pete Anderson (R) |
Yes |
|
H11 |
Rep. Wayne Reese (D) |
No |
|
H43 |
Rep. Kathryn Sessions (D) |
No |
|
H12 |
Rep. Leo Garcia (D) |
No |
|
H44 |
Rep. Floyd Esquibel (D) |
No |
|
GILLETTE-AREA LEGISLATORS |
Vote |
|
|
H31 |
Rep. John Hines (R) |
Yes |
|
H52 |
Rep. George McMurtrey (R) |
Yes |
|
H32 |
Rep. Jeff Wasserburger (R) |
Yes |
|
H53 |
Rep. Nick Deegan (D) |
Yes |
|
LANDER/RIVERTON-AREA LEGISLATORS |
Vote |
|
|
H33 |
Rep. Harry Tipton (R) |
Yes |
|
H54 |
Rep. Cale Case (R) |
Yes |
|
H34 |
Rep. Frank Philp (R) |
Yes |
|
H55 |
Rep. Eli Bebout (R) |
Yes |
|
NORTHEAST/EAST CENTRAL WYOMING LEGISLATORS |
Vote |
|
|
H1 |
Rep. Marlene Simons (R) |
Yes |
|
H2 |
Rep. Ross Diercks (D) |
No |
|
H5 |
Rep. Jim Hageman (R) |
Yes |
|
H6 |
Rep. Jim Anderson (R) |
Yes |
|
H3 |
Rep. Bill Stafford (R) |
Yes |
|
H4 |
Rep. Roger Huckfeldt (R) |
Yes |
|
SHERIDAN-AREA LEGISLATORS |
Vote |
|
|
H29 |
Rep. Rick Badgett (R) |
Yes |
|
H51 |
Rep. Bruce Burns (R) |
Yes |
|
H30 |
Rep. Bill Bensel (D) |
No |
|
H40 |
Rep. Douglas Osborn (R) |
Yes |
|
SOUTH CENTRAL WYOMING LEGISLATORS |
Vote |
|
|
H13 |
Rep. Mike Massie (D) |
No |
|
H45 |
Rep. Wende Barker (D) |
No |
|
H14 |
Rep. Phil Nicholas (R) |
Yes |
|
H46 |
Rep. Tom Rardin (R) |
Yes |
|
H15 |
Rep. Tony Rose (R) |
Yes |
|
H47 |
Rep. Teense Willford (R) |
Yes |
|
SOUTHWEST WYOMING LEGISLATORS |
Vote |
|
|
H16 |
Rep. Kenilynn Zanetti (D) |
No |
|
H48 |
Rep. Jack Steinbrech (R) |
Yes |
|
H17 |
Rep. Fred Parady (R) |
Yes |
|
H60 |
Rep. Louise Ryckman (D) |
No |
|
H18 |
Rep. John Eyre (R) |
Yes |
|
H39 |
Rep. Chris Boswell (D) |
No |
|
H19 |
Rep. Wayne Morrow (D) |
No |
|
H49 |
Rep. Ken Decaria (D) |
No |
|
WEST CENTRAL WYOMING LEGISLATORS |
Vote |
|
|
H20 |
Rep. Louie Tomassi (R) |
Yes |
|
H21 |
Rep. Randall Luthi (R) |
No |
|
H22 |
Rep. Budd Betts (R) |
Yes |
|
H23 |
Rep. Clarene Law (R) |
Yes |
|
SENATE RULES & PROCEDURE COMMITTEE |
Vote |
|
Sen. Robert Grieve, Chair (R-S11, Savery) |
No |
|
Sen. Guy Cameron (D-S7, Cheyenne) |
No |
|
Sen. Hank Coe (R-S18, Cody) |
No |
|
Sen. Greg Phillips (D-S15, Evanston) |
No |
|
Sen. Jim Twiford (R-S2, Douglas) |
No |
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