Senate Bill No. introduced by D. Lenz aims to revise the Montana Administrative Procedure Act by restricting agencies from adopting definitions during the rulemaking process if those definitions are already codified in state law. The bill emphasizes that it is an infringement on legislative power for agencies to revise existing definitions applicable to the laws enacted by the legislature. Instead, agencies are required to recommend legislation for pre-introduction if they desire a new definition, ensuring that all definitions are enacted by the legislature rather than by agencies lacking legislative authority.

The bill amends Section 2-4-301 of the Montana Code Annotated, establishing that agencies may not adopt or amend rules with definitions already codified in law, unless they provide a citation to the existing statute. Additionally, if an agency wishes to create a new definition for clarification purposes, it must propose a bill for introduction to the relevant interim committee before the next regular legislative session. The effective date of this act is set for July 1, 2025.

Statutes affected:
LC Text: 2-4-301
SB0401_1(1): 2-4-301
SB0401_1(2): 2-4-301
SB0401_1(3): 2-4-301
SB0401_1(4): 2-4-301
SB0401_1: 2-4-301