MontanaHB 12669th Legislature, Regular Session (2025)HouseWALLET

Revise legislative oversight of administrative rules and encourage public comment

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 4 benefits, 0 costs, 0 mixed.

Bill sponsors get early say on rules

Before drafting a rule to carry out a new law, an agency must contact the law’s primary sponsor. The proposal notice must show when and how the sponsor was contacted, and agencies must try at least 10 days before publishing. If the sponsor’s comments are not used, the agency must publish the unredacted comments and explain why, unless the sponsor waives this. If the agency does not follow these steps, the proposal filing is not effective. These rules also apply when the law affects more than one program.

Easier online comments and rule notices

Agencies that take public comments must let people email comments and must publish a comment email address. On request, agencies send documents by email and cannot charge a fee. Email comments must be kept in the official record. Within 3 days of publication, agencies must notify interested people, and they may email a link with consent. Proposal notices must be published at least 30 days before action and posted online. This applies to executive‑branch departments, boards, and similar entities.

Legislative review and year end rule pause

When an agency files a proposal with the secretary of state, it must email the same notice to the rule review committee the same day. In the year before a regular legislative session, agencies may not adopt rules from October 1 through December 31. Exceptions include emergency rules, late information that made earlier adoption impossible (with an explanation), or no committee majority objection within 10 business days after the agency emails the notice and reasons to each committee member. If a majority of the committee objects, the rule cannot be adopted before year end.

Stronger reasons and legal limits for rules

Each proposed and adopted rule must cite the exact law that gives authority and the sections it implements. Agencies may adopt substantive rules only on subjects clearly and specifically allowed by statute. When adopting a rule, agencies must give a short statement of main reasons for and against it and explain key changes from the proposal. The statement can be skipped only if no one sent written or oral comments.

Sponsors & Cosponsors

Sponsor

David Bedey
Republican • House

Cosponsors

John Fuller
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 294 • No: 1

House vote • 4/9/2025

Do Concur

Yes: 48 • No: 0

House vote • 4/8/2025

Do Concur

Yes: 46 • No: 1

House vote • 1/29/2025

Do Pass

Yes: 100 • No: 0

House vote • 1/28/2025