HB33 • 2025

Revise law related to petitions to initiate agency rulemaking

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Neil Duram
Last action: 2025-05-22
Official status: (S) Died in Standing Committee
Effective date: Not listed

Plain English Breakdown

The official source material does not provide specific details on the impact or outcomes related to multiple issues within a petition.

Allowing Agencies to Dismiss Unrelated Petitions

The bill allows agencies in Montana to dismiss parts of petitions that are outside their regulatory authority or jurisdiction.

What This Bill Does

Changes the law so an agency can reject parts of a petition if it deals with issues they cannot regulate.
Requires agencies to provide contact information for other bodies that might have authority over the issue when dismissing a petition.
Does not require agencies to advance unrelated portions of petitions through their rulemaking process.

Who It Names or Affects

Agencies in Montana
People who submit petitions to these agencies

Terms To Know

Petition: A formal request made by someone asking an agency to make or change a rule.
Jurisdiction: The area of responsibility, authority, and legal power that belongs to an agency.

Limits and Unknowns

Does not specify what happens if the petition is about multiple issues.
It's unclear how this change will affect the number of petitions dismissed by agencies.
This bill has passed the legislature but died in a standing committee, so it may not become law.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

Amendment 1

COMMITTEE

Plain English: Amendment 1 allows an agency to dismiss parts of a petition if the issues raised are outside the agency's regulatory jurisdiction or rulemaking authority.

Adds language allowing agencies to summarily dismiss portions of petitions that deal with issues beyond their legal scope.

The amendment text does not provide specific details on how an agency determines if a petition issue is outside its jurisdiction or rulemaking authority, leaving some ambiguity in the implementation process.

Bill History

2025-05-22 SENATE
(S) Died in Standing Committee
2025-03-26 SENATE
(S) Tabled in Committee
2025-01-27 SENATE
(S) Hearing
2025-01-20 HOUSE
(H) Fiscal Note Printed
2025-01-17 SENATE
(S) Referred to Committee
2025-01-17 HOUSE
(H) Fiscal Note Received
2025-01-17 HOUSE
(H) Fiscal Note Signed
2025-01-16 HOUSE
(H) Transmitted to Senate
2025-01-16 SENATE
(S) Introduced
2025-01-16 SENATE
(S) First Reading
2025-01-15 HOUSE
(H) Scheduled for 3rd Reading
2025-01-15 HOUSE
(H) 3rd Reading Passed
2025-01-14 HOUSE
(H) Scheduled for 2nd Reading
2025-01-14 HOUSE
(H) 2nd Reading Passed
2025-01-13 HOUSE
(H) Fiscal Note Requested
2025-01-10 HOUSE
(H) Committee Executive Action--Bill Passed as Amended
2025-01-10 HOUSE
(H) Committee Report--Bill Passed as Amended
2025-01-06 HOUSE
(H) First Reading
2025-01-06 HOUSE
(H) Hearing
2024-12-20 HOUSE
(H) Referred to Committee
2024-12-06 HOUSE
(LC) Draft Delivered to Requester
2024-12-06 HOUSE
(H) Introduced
2024-11-21 HOUSE
(LC) Draft in Assembly
2024-11-21 HOUSE
(LC) Draft Ready for Delivery
2024-11-20 HOUSE
(LC) Draft in Input/Proofing
2024-11-20 HOUSE
(LC) Draft in Final Drafter Review
2024-11-19 HOUSE
(LC) Draft in Legal Review
2024-11-19 HOUSE
(LC) Draft in Edit
2024-10-09 HOUSE
(LC) Drafter Assigned

Official Summary Text

Revise law related to petitions to initiate agency rulemaking

Current Bill Text

Read the full stored bill text

- 2025
69th Legislature 2025 HB0033.2
- 1 - Authorized Print Version – HB 33
1 HOUSE BILL NO. 33
2 INTRODUCED BY N. DURAM
3 BY REQUEST OF THE DEPARTMENT OF FISH, WILDLIFE, AND PARKS
4
5 A BILL FOR AN ACT ENTITLED: “AN ACT ALLOWING AN AGENCY TO DISMISS RULEMAKING PETITIONS
6 ON ISSUES OUTSIDE OF ITS JURISDICTION OR RULEMAKING AUTHORITY; AMENDING SECTION 2-4-
7 315, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.”
8
9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
10
11Section 1. Section 2-4-315, MCA, is amended to read:
12 "2-4-315. Petition for adoption, amendment, or repeal of rules. (1) An interested person or, when
13 the legislature is not in session, a member of the legislature on behalf of an interested person may petition an
14 agency requesting the promulgation, amendment, or repeal of a rule on an issue that the agency has
15 jurisdiction to regulate.
16 (2) An agency may summarily dismiss ANY PORTION OF a petition that raises an issue outside of the
17 agency's regulatory jurisdiction or rulemaking authority. In this case, an agency is not required to advance THAT
18PORTION OF the petition to the agency's petition acceptance procedure or rulemaking proceedings.
19 (3) Each agency shall determine and prescribe by rule the form for petitions and the procedure for
20 their submission, consideration, and disposition. Within 60 days after submission of a petition, the agency either
21 shall deny the petition in writing or shall initiate rulemaking proceedings in accordance with 2-4-302 through 2-
22 4-305.
23 (4) A decision to deny a petition or to initiate rulemaking proceedings must be in writing and based
24 on record evidence. The written decision must include the reasons for the decision AND, IN THE CASE OF A
25SUMMARY DISMISSAL UNDER SUBSECTION (2), MUST INCLUDE CONTACT INFORMATION FOR ANY AGENCY OR BODY WITH
26POTENTIAL JURISDICTION OR AUTHORITY OVER THE ISSUE RAISED IN THE PETITION. Record evidence must include any
27 evidence submitted by the petitioner on behalf of the petition and by the agency and interested persons in
28 response to the petition.
- 2025
69th Legislature 2025 HB0033.2
- 2 - Authorized Print Version – HB 33
1 (5) An agency may, but is not required to, conduct a hearing or oral presentation on the petition in
2 order to develop a record and record evidence and to allow the petitioner and interested persons to present
3 their views."
4
5 NEW SECTION. Section 2. Effective date. [This act] is effective on passage and approval.
6 - END -