House Bill No. introduced by N. Duram, at the request of the Department of Fish, Wildlife, and Parks, amends Section 2-4-315 of the Montana Code Annotated to allow agencies to dismiss rulemaking petitions that pertain to issues outside their jurisdiction or rulemaking authority. The bill specifies that an agency may summarily dismiss any portion of a petition that raises such issues, and it is not required to advance that portion to the agency's petition acceptance procedure or rulemaking proceedings. Additionally, if a petition is dismissed, the agency must provide a written decision that includes the reasons for the dismissal and contact information for any agency or body that may have jurisdiction over the issue raised.

The bill also clarifies that an interested person or a member of the legislature can petition an agency for rulemaking on issues within the agency's jurisdiction. It mandates that agencies determine the form and procedure for submitting and considering petitions, and they must respond within 60 days. The written decision regarding the petition must be based on record evidence, which includes input from the petitioner and other interested parties. The act is set to take effect immediately upon passage and approval.

Statutes affected:
LC Text: 2-4-315
HB0033_1(1): 2-4-315
HB0033_1(2): 2-4-315
HB0033_1(3): 2-4-315
HB0033_1(4): 2-4-315
HB0033_1(5): 2-4-315
HB0033_1(6): 2-4-315
HB0033_1: 2-4-315
HB0033_2(1): 2-4-315
HB0033_2(10): 2-4-315
HB0033_2(2): 2-4-315
HB0033_2(3): 2-4-315
HB0033_2(4): 2-4-315
HB0033_2(5): 2-4-315
HB0033_2(6): 2-4-315
HB0033_2(7): 2-4-315
HB0033_2(8): 2-4-315
HB0033_2(9): 2-4-315
HB0033_2: 2-4-315