Montana 2023 Regular Session

Montana House Bill HB607

Introduced
2/16/23  

Caption

Revise legislative oversight of administrative rules

Impact

If enacted, HB 607 would fundamentally change how state agencies develop and implement regulations, particularly during the politically sensitive periods leading up to legislative sessions. Agencies would have to carefully plan their rule proposals and public engagement to comply with the new timeline, potentially reducing last-minute regulatory changes that could catch the legislature off guard. This measure aims to ensure that legislative bodies can effectively oversee the regulatory process, mitigating concerns over swift regulatory changes that may occur without thorough scrutiny.

Summary

House Bill 607 aims to revise the framework for legislative oversight of administrative rules within the state of Montana. Specifically, the bill seeks to prohibit the proposal of new rules during the last quarter of the year prior to a legislative session. This change is intended to streamline the rule-making process and ensure that any new regulations are adequately reviewed and approved by the legislature, enhancing accountability and transparency in how administrative rules are implemented across state agencies. The bill amends existing laws and establishes clearer requirements for agencies regarding the adoption of rules, including mandates for citing the specific authority under which a rule is enacted.

Contention

The bill has prompted discussions around the balance of power between legislative oversight and administrative agencies’ ability to function effectively. Proponents argue that increased oversight will lead to better governance, while critics contend that the limitations on rule proposals may hinder agencies from responding swiftly to emerging needs or crises, such as public health threats or economic challenges. There is a concern that this could lead to regulatory paralysis, where timely and necessary regulations are delayed due to the legislative schedule, ultimately affecting the public and the efficiency of government operations.

Companion Bills

No companion bills found.

Previously Filed As

MT HB126

Revise legislative oversight of administrative rules and encourage public comment

MT HB739

Provide exception for agency adoption of administrative rules

MT HB592

Generally revise agency rulemaking under MAPA

MT HB2491

Administrative rules oversight committee; dissent

MT HB1051

Update provisions on the interim legislative oversight of administrative rulemaking.

MT SB928

Administrative rules; creating Joint Committee on Administrative Rules; procedures; approval and disapproval. Effective date.

MT SB411

Relating to legislative approval of administrative rules; prescribing an effective date.

MT SB732

Relating to legislative approval of administrative rules; prescribing an effective date.

MT HB3382

Relating to administrative rules.

MT SF0127

Administrative rules-legislative review.

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