HB 33: Revise law related to petitions to initiate agency rulemaking - Montana

HB0033_1(6).pdf → HB0033_2(8).pdf · 3 edits

MINOR

The bill was renumbered from HB 33.1 to HB0033.2 and updated its header information. Substantively, the rules for handling public petitions were strengthened by requiring agencies to summarily dismiss only the specific parts of a petition that are outside their jurisdiction, rather than dismissing the entire petition. Additionally, when an agency denies a petition or dismisses it summarily, the written decision must now include contact information for any other agency or body that might have authority over the issue, ensuring the public knows where to take their concerns next.

Scope change

The bill's scope regarding petition handling was expanded to require more granular dismissal of out-of-scope issues and to provide clearer guidance to petitioners on where to direct their complaints if an agency lacks jurisdiction.

REQUIREMENT

Agencies must now dismiss only the specific portions of a petition that are outside their jurisdiction, rather than dismissing the entire petition at once.

Written decisions denying a petition or dismissing it summarily must include contact information for any other agency or body with potential jurisdiction over the issue.

TECHNICAL

The bill's official number was changed from HB 33.1 to HB0033.2, and the header date format was updated.

HB0033_2(7).pdf → HB0033_1(6).pdf · 3 edits

MINOR

The bill was renumbered from HB 33.2 to HB 33.1, and the text was cleaned to remove all-caps emphasis words like 'ANY' and 'MUST'. The most significant policy change is the removal of a requirement for agencies to contact other bodies with potential jurisdiction when dismissing a petition, simplifying the dismissal process. The requirement for written decisions to include specific contact information for alternative agencies was deleted.

Scope change

The scope of the bill's requirements for agency decision-making was narrowed by removing the obligation to notify other potentially relevant agencies during a summary dismissal.

REQUIREMENT

Removed the mandate for agencies to include contact information for other bodies with potential jurisdiction when summarily dismissing a petition.

Deleted all-caps emphasis words ('ANY', 'MUST') from the text to improve readability and reduce perceived aggression.

TECHNICAL

Updated the bill number from HB0033.2 to HB 33.1 and adjusted page numbering.

HB0033_1(5).pdf → HB0033_2(7).pdf · 2 edits

MINOR

The bill adds a requirement for agencies to include contact information for any other body with potential jurisdiction when summarily dismissing a petition. This change ensures that petitioners know where to direct their concerns if an agency lacks authority, preventing confusion and ensuring issues are routed to the correct entity. The amendment also clarifies that only the out-of-scope portions of a petition are dismissed, rather than the entire petition, allowing relevant parts to proceed.

Scope change

The bill's scope now explicitly covers the handling of mixed petitions where only some issues fall outside an agency's authority, ensuring those specific issues are directed to the appropriate body.

REQUIREMENT

Agencies must include contact information for other bodies with potential jurisdiction when dismissing a petition as out of scope.

Clarified that only the specific portion of a petition raising out-of-scope issues is dismissed, not the entire petition.

HB0033_2(6).pdf → HB0033_1(5).pdf · 4 edits

MODERATE

The bill was renumbered from HB 33.2 to HB 33.1, and the language regarding agency dismissals was softened to remove all-caps emphasis on specific petition portions. The requirement for agencies to provide contact information for other bodies with potential jurisdiction was removed, and the mandatory inclusion of 'AND' in written decisions was deleted, streamlining the decision-making process.

TECHNICAL

The bill number was updated from HB 33.2 to HB 33.1, and page headers were adjusted to reflect this change.

REQUIREMENT

The text requiring agencies to dismiss 'ANY PORTION' of a petition was changed to simply 'a petition,' removing the emphasis on partial dismissals.

The mandatory requirement for written decisions to include contact information for other agencies with potential jurisdiction was deleted.

The specific instruction to include the word 'AND' in written decisions was removed, simplifying the formatting rules for agency rulings.

HB0033_1(4).pdf → HB0033_2.pdf · 2 edits

MINOR

The bill adds the word 'ANY' to clarify that agencies can dismiss only the parts of a petition that are outside their jurisdiction, rather than the entire request. It also requires written decisions on dismissed petitions to include contact information for any other agency that might have authority over the issue, helping citizens find the right department for their concerns.

Scope change

The scope of agency authority remains the same, but the clarity of how partial petitions are handled has been improved to prevent agencies from dismissing entire petitions when only part of them is out of scope.

REQUIREMENT

Agencies must now dismiss only the specific portions of a petition that are outside their jurisdiction, instead of dismissing the whole petition.

Written decisions on summary dismissals must include contact information for any other agency or body that has potential jurisdiction over the issue.

LC0507.pdf → HB0033_1.pdf · 1 edit

MINOR

The bill was officially renamed from LC 0507 to HB 33, and the sponsor is listed as N. Duram. This change reflects a procedural update to the bill's identification and sponsorship information.

TECHNICAL

The bill title was changed from 'LC 0507' to 'HB 33', and the sponsor was identified as N. Duram.

Revise law related to petitions to initiate agency rulemaking

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