MontanaHB 59269th Legislature, Regular Session (2025)House

Generally revise agency rulemaking under MAPA

Sponsored By: Courtenay Sprunger (Republican)

Signed by Governor

State GovernmentRule MakingLegislature

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Bill Overview

Analyzed Economic Effects

8 provisions identified: 3 benefits, 0 costs, 5 mixed.

Stronger legislative checks on agency rules

The rule review committee can object to a proposed or adopted rule. The committee sends written reasons; the agency has 14 days to respond. The committee may publish the objection with the rule. In court, a published formal objection shifts the burden to the agency and can lead to costs and attorney fees if the rule is struck. If a committee majority objects to a proposal, the agency cannot adopt the objected parts until the last register before the six‑month deadline unless the objection is not renewed. In the year before a regular session, agencies may not adopt rules from October 1 to December 31, with narrow exceptions (emergencies, late information explained in the notice, or after a 10‑business‑day committee review with no majority objection). If the committee polls the legislature, those poll results are published with the adopted rule.

Legal sign-off before rule notices

Each department head must name an in‑house attorney, paralegal, or other qualified person to review and approve every rule notice before filing. The reviewer’s name is filed with the secretary of state. The secretary of state refuses any notice that lacks the required approval.

Agencies must answer and explain changes

When adopting a rule, an agency must fairly summarize and answer the substantive comments it received and say why it rejected arguments. If the final rule differs in important ways from the proposal, the agency must describe the changes. If an agency misses the adoption-notice deadline and later re‑proposes the same rule, it must start over with a new proposal and full notice-and-comment.

Easier public notice and comment

Agencies must accept public comments by email and publish the comment address. They must keep electronic comments the same as other comments. When a proposal is filed, the agency must email the rule review committee and post the notice online. Agencies must keep an interested-persons list, show how to sign up, and within 3 days send subscribers a link; mailed copies are available on request. Proposal notices use plain, easy words and explain what changes and why. Agencies must give at least 20 days’ hearing notice and at least 28 days to send comments. If no hearing is set, a hearing must be granted when 10% or 25 directly affected people (whichever is less) ask, or when a city, county, state agency, the committee, or an association with 25 affected members asks. Agencies must hold a hearing when a rule is of wide public interest. At the start of a hearing, the presiding official reads the committee notice, explains how to join the list, and gives a short summary. If an amended notice makes more than clerical fixes, the agency must allow extra time for comments. On request under 2-6-1003, agencies must email documents instead of mailing them and may not charge an email fee.

Stronger small-business rule impact reports

Agencies must include a small-business impact section in proposal notices. It must name the groups likely affected and the rule’s direct effects. If a rule changes money people pay or receive, the analysis states the total dollars for everyone and how many people are affected, if known. Agencies must provide documents that support their estimates. A court cannot strike a final rule only because this small-business analysis is wrong or incomplete.

New sponsor rights in rulemaking

When an agency starts a rule to carry out a new law, it must email the bill’s primary sponsor at least 10 days before publishing. The email must list key dates, offer time to send comments or meet, and invite the sponsor to explain the law’s intent. The sponsor is treated as an interested person and may ask the rule review committee for an economic impact statement. If the agency disagrees with timely sponsor comments, it must publish the full sponsor comments and explain why in the proposal and the final adoption notices. Proposal notices must also state the agency followed the sponsor-contact rule. The law also removes the old requirement to consult the sponsor before drafting rule language.

When these rulemaking changes apply

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

Active supervision of licensing boards

Before approving or rejecting a licensing board action, the commissioner notifies the board and the economic affairs interim committee. The board gets at least 30 days to send written comments and meet. If the board gets no written notice within 30 days, the action is presumed approved unless rebutted. After meeting, the commissioner issues a written decision within 30 days. The board may ask for reconsideration within 10 days, and the commissioner must answer within 10 days. The committee is notified and may suspend a final determination.

Sponsors & Cosponsors

Sponsor

  • Courtenay Sprunger

    Republican • House

Cosponsors

  • Lyn Bennett

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 488 • No: 7

House vote • 4/17/2025

Do Concur

Yes: 99 • No: 0

House vote • 4/16/2025

Do Concur

Yes: 100 • No: 0

Senate vote • 4/9/2025

Do Concur

Yes: 47 • No: 2

Senate vote • 4/8/2025

Do Concur

Yes: 48 • No: 1

House vote • 3/7/2025

Do Pass

Yes: 98 • No: 1

House vote • 3/5/2025

Do Pass

Yes: 96 • 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 Senate Amendments

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

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

    4/9/2025Senate
  11. 3rd Reading

    4/9/2025Senate
  12. 2nd Reading

    4/8/2025Senate
  13. Committee Report

    4/5/2025Senate
  14. Committee Executive Action

    4/4/2025Senate
  15. Hearing

    3/24/2025Senate
  16. Referred to Committee

    3/14/2025Senate
  17. 1st Reading

    3/14/2025Senate
  18. Transmitted to Senate

    3/7/2025House
  19. 3rd Reading

    3/7/2025House
  20. 2nd Reading

    3/5/2025House
  21. Committee Report

    2/27/2025House
  22. Committee Executive Action

    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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