MontanaHB 59269th Legislature, Regular Session (2025)HouseWALLET

Generally revise agency rulemaking under MAPA

Sponsored By: Courtenay Sprunger (Republican)

Became Law

State GovernmentRule MakingLegislature

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 7 benefits, 0 costs, 0 mixed.

Small-business and money impact review

Before adopting a rule, an agency must decide if it will significantly and directly affect small businesses. If yes, the proposal must include a small-business impact analysis that names affected groups, lists likely effects, and shows options to reduce harm. If a rule changes money people pay or receive, the proposal must estimate the total dollar change and how many people are affected, if known. If an economic impact statement is prepared, a separate small-business analysis is not required. The Office of Economic Development helps agencies with these reviews.

Changes apply to new proposals

The law takes effect on passage and approval. It applies to rule proposals published on or after that date.

More oversight of licensing boards

Before approving or disapproving certain licensing board actions, the commissioner must notify the board and the interim committee, give the board at least 30 days to respond, and may meet with the board. If the board gets no written notice within 30 days, the action is presumed approved. A board may request reconsideration within 10 days; the commissioner must issue a written decision within 10 days of the request or meeting. After the interim committee is notified, it may take public comment, review the decision, and may suspend the commissioner’s final determination.

Stronger checks on agency rules

Each department head must appoint a qualified reviewer, notify the secretary of state within 10 days, and have the reviewer sign each notice before filing. Rules must cite the exact legal authority and stay within clearly listed subjects. Agencies cannot fix major necessity defects in an adoption notice and must allow more comment if they amend the necessity statement. Agencies cannot adopt rules from October 1 to December 31 before a regular session, with exceptions for emergencies, when earlier adoption was impossible, or after giving the committee a 10‑business‑day objection window. The secretary of state keeps a permanent register, sets formatting, and may charge for copies. A rule takes effect after publication unless another law sets the date, and agencies cannot enforce rules before the effective date. If the rule review committee formally objects, the agency must prove in court it followed the law, and the court may award costs and attorney fees if the rule is invalid.

Stronger voice for bill sponsors

When an agency starts writing rules to carry out a new law, it must email the bill’s primary sponsor with dates and a timeline for comments and meetings. The agency must consider the sponsor’s comments before drafting. If the agency does not use the sponsor’s comments, it must explain why in the proposal and again when adopting the rule. The sponsor counts as an interested person and can ask the rule review committee for an economic impact statement that looks at ways to reduce costs. The proposal notice must say when and how the sponsor was contacted, and the agency must send the published notice to the sponsor within three days.

Easier online comments and access

Agencies must accept public comments by email and publish the comment email address in notices, the state directory, and online. They must keep emailed comments the same as other comments. Agencies may not charge a fee to send documents by email when someone asks for email delivery. When filing a proposal, agencies must also send an electronic copy to the rule review committee and post the notice online.

More notice time and clear reasons

Agencies must keep a list of interested people and topics and, within three days of publication, tell them the notice is online with a link or directions. With consent, agencies may send email alerts instead of mailing copies. Proposal notices must be published at least 30 days before action. Before changing rules, agencies must give at least 20 days’ hearing notice and at least 28 days to send comments. When a rule is adopted, the agency must issue a short statement of the main reasons for and against it and respond to key comments.

Sponsors & Cosponsors

Sponsor

  • Courtenay Sprunger

    Republican • House

Cosponsors

  • Lyn Bennett

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 483 • No: 7

House vote 4/17/2025

Do Concur

Yes: 99 • No: 0

House vote 4/16/2025

Do Concur

Yes: 98 • No: 0

House vote 4/9/2025

Do Concur

Yes: 47 • No: 2

House vote 4/8/2025

Do Concur

Yes: 46 • No: 1

House vote 3/7/2025

Do Pass

Yes: 98 • No: 1

House vote 3/5/2025

Do Pass

Yes: 95 • No: 3

Actions Timeline

  1. Chapter Number Assigned

    5/19/2025House
  2. Signed by Governor

    5/13/2025House
  3. Transmitted to Governor

    5/7/2025House
  4. Signed by President

    5/6/2025Senate
  5. Signed by Speaker

    5/2/2025House
  6. Returned from Enrolling

    4/23/2025House
  7. Sent to Enrolling

    4/18/2025House
  8. 3rd Reading Passed as Amended by Senate

    4/17/2025House
  9. 2nd Reading Senate Amendments Concurred

    4/16/2025House
  10. Returned to House with Amendments

    4/9/2025Senate
  11. 3rd Reading Concurred

    4/9/2025Senate
  12. 2nd Reading Concurred

    4/8/2025Senate
  13. Committee Report--Bill Concurred as Amended

    4/5/2025Senate
  14. Committee Executive Action--Bill Concurred as Amended

    4/4/2025Senate
  15. Hearing

    3/24/2025Senate
  16. Referred to Committee

    3/14/2025Senate
  17. First Reading

    3/14/2025Senate
  18. Transmitted to Senate

    3/7/2025House
  19. 3rd Reading Passed

    3/7/2025House
  20. 2nd Reading Passed

    3/5/2025House
  21. Committee Report--Bill Passed as Amended

    2/27/2025House
  22. Committee Executive Action--Bill Passed as Amended

    2/27/2025House
  23. Fiscal Note Printed

    2/27/2025House
  24. Fiscal Note Signed

    2/26/2025House
  25. Fiscal Note Received

    2/26/2025House

Bill Text

  • Enrolled

    4/22/2025

  • As Amended (Version 3)

    4/5/2025

  • As Amended (Version 2)

    2/27/2025

  • Introduced

    2/19/2025

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