Committee hears House Bill 227 to impose time limits on executive orders; governor's office warns of separation‑of‑powers issues

Representative Angelus introduced House Bill 227 to the Senate Judiciary Committee as an administrative cleanup measure that would require most executive orders to expire after a newly elected governor leaves office unless the incoming governor issues a continuation.

"This is a simple, administrative clean up bill," Representative Angelus told the committee. The bill, as described by the sponsor, would create a statutory provision (cited in committee as "nine‑one‑two 25") that sunsets executive orders when a governor leaves office and allows a newly elected governor to extend orders from a prior administration by issuing a continuation order.

Kit Wendland, identified to the committee as special counsel and policy adviser for Governor Gordon, testified in opposition to the bill on separation‑of‑powers grounds. Wendland said most executive orders from the governor’s office already cite statutory or constitutional authority and that many include automatic rescission dates. "Executive orders...are not rules. They don't have any law‑making authority whatsoever because that's the province of the legislature," Wendland said, and warned that a blanket statute imposing a timeline on executive orders "crosses a line" into the executive branch's authority to administer agencies.

Wendland and senators discussed examples such as pandemic‑era public‑health orders and emergency proclamations that tie to statutory delegations of authority; Wendland advised the committee that problematic cases should be addressed by amending specific statutes rather than by a broad time limit on executive orders. He also warned the committee that the proposed 30‑day limit could create administrative burdens for an incoming administration because the start of a governor's term often coincides with a busy legislative session.

Senators pressed the sponsor and Wendland on alternatives and details. Senator Crago asked whether the 30‑day limit could be extended; Representative Angelus said the House version originally contained a 60‑day period but was reduced to 30 days and he was not opposed to lengthening it. Senator Kolb asked about the COVID emergency orders and how long they lasted; Wendland said those orders were tied to health statutes and lasted through the emergency and funding needs but he did not provide exact dates.

Kathy Russell, executive director of the Wyoming Republican Party, testified in support of the bill, saying review of executive orders is appropriate and that the COVID executive orders remain a concern for some constituents. A member of the public clarified that any incoming governor may rescind existing executive orders regardless of the bill.

The committee did not vote on House Bill 227 at this hearing and closed public testimony. Chairman Olsen adjourned the session without taking further action on the measure.