MontanaHB 4269th Legislature, Regular Session (2025)House

Revise laws related to highways and transportation for clarity and consistency

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 3 benefits, 0 costs, 3 mixed.

Faster payments and clearer bids for contractors

For commission‑let projects, the Department must inspect within 30 days after a contractor requests final acceptance. If it accepts, it must make final payment within 90 days after the notice. If it refuses, it must list fixes and reinspect within 30 days after a new request. The law defines alternative delivery terms and lets the qualifications request offer reimbursements to shortlisted firms that do not win. It also ties the word “construction” in the foreign‑bidder rule to the definition in 18‑2‑101.

Recycled materials used when costs match

The Department must use postconsumer recycled materials on highway projects when they cost no more than other materials and meet engineering standards. These materials include glass cullet, reclaimed asphalt and concrete, and recycled tires. This changes procurement and can reduce project costs.

Secondary road funding and local safeguards

Each year, at least 65% of secondary federal‑aid funds go to districts for capital construction. Up to 35% is for pavement preservation. District shares follow a set formula: 30% land area, 35% rural population, 30% rural road miles, and 5% rural bridge size, using defined terms. Each county board has one vote on district priorities, and the Department has two votes. A district may receive a donated share from another district to advance projects, but the extra is taken out of the recipient’s future apportionments and returned to the donor. A paved secondary road cannot be turned to gravel without that county board’s approval.

Heritage area signs and Tower Rock

The law creates cultural heritage areas for Silver Bow and Deer Lodge counties, and for Miles City. The Department puts up and maintains signs on primary and interstate highways as money is available. Local governments design the signs and pick general locations, and the Department chooses exact spots. The Department may transfer the 136‑acre Tower Rock site to another state agency and keep access rights where it meets I‑15. Usual property transfer rules do not apply to that move.

Clearer county road and address rules

A county board may adopt a road by resolution after a public hearing if it was built and maintained with state DOT or county funds. A survey is not required to accept an existing county road. A state‑abandoned road can become a county road if the board accepts it, and a platted road is not a county road until the board adopts it. Counties may set address and road‑naming rules in unincorporated areas, except where a federal, state, or tribal road authority objects. For county road petitions, “abandonment” and “vacation” use one statewide meaning: no use and no intent to use again. Nearby homeowners may get county maintenance, while county taxpayers may see higher maintenance costs.

Urban road funds follow population

Each year the Department splits urban federal‑aid highway funds by each area’s share of the state’s urban population. Only areas of 5,000 or more people, based on the latest federal census, count. Urban population includes adjusted and Federal Highway Administration‑approved fringe areas. An urban area may spend beyond its share to keep projects moving, but the extra is deducted from its future apportionments.

Sponsors & Cosponsors

Sponsor

Denise Baum
Democrat • House

Cosponsors

Dave Fern
Democrat • Senate

Roll Call Votes

All Roll Calls

Yes: 288 • No: 10

Senate vote • 2/18/2025

Do Concur

Yes: 46 • No: 4

Senate vote • 2/15/2025

Do Concur

Yes: 44 • No: 6

House vote • 1/21/2025

Do Pass

Yes: 99 • No: 0

House vote • 1/20/2025