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Bill would strengthen legislative role and public input in administrative rulemaking

House State Administration Committee · January 17, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

Rep. David Beatty’s bill would amend the Montana Administrative Procedure Act to require greater sponsor involvement in rule drafting and to give the public options for more substantive hearings; sponsor said the change balances legislative-executive relations and promotes better public engagement.

Representative David Beatty told the committee House Bill 126 would amend the Montana Administrative Procedure Act (MAPA) with two primary goals: to ensure greater legislative involvement in the rulemaking process and to encourage more meaningful public engagement in agency rules hearings. Beatty said the bill would require that primary sponsors be meaningfully engaged when rules are drafted and allow sponsors' unredacted comments to be posted alongside prehearing and adoption notices. He also said the bill would give the public the ability, prior to a rules hearing, to request that an agency provide a presentation and explanation of the proposed rules to foster informed participation.

Beatty acknowledged subsequent executive-branch suggestions and said he had accepted changes reflected in an amendment distributed to the committee; the hearing was held on the bill as introduced, with the committee invited to consider the amendment during executive action. Committee members did not register proponents or opponents in the room or online during the hearing, and there were no substantive questions. Beatty closed, recommending a do-pass and encouraging favorable action on the distributed amendment.

If enacted, HB126 would change the way agencies post sponsor comments and how the public may participate in rules hearings; the committee must still consider any distributed amendment in executive action.