Montana legislation · 2025 Regular Session
Montana HB52: Generally revising administrative procedure laws relating to agency deference
Status: Failed, May 20, 2025
What the bill says
A bill for an act entitled: "an act generally revising the montana administrative procedure act; providing that a reviewing court may not give deference to the agency's interpretation of law or prior interpretations made by the agency; providing for the publication of stipulations of agreements on the state of montana website; and amending sections 2-4-101, 2-4-102, 2-4-303, 2-4-412, 2-4-506, 2-4-603, 24-612, and 2-4-704, mca.".
From the engrossed text:
A BILL FOR AN ACT ENTITLED: "AN ACT GENERALLY REVISING THE MONTANA ADMINISTRATIVE PROCEDURE ACT; PROVIDING THAT A REVIEWING COURT MAY NOT GIVE DEFERENCE TO THE AGENCY'S INTERPRETATION OF LAW OR PRIOR INTERPRETATIONS MADE BY THE AGENCY; PROVIDING FOR THE PUBLICATION OF STIPULATIONS OF AGREEMENTS ON THE STATE OF MONTANA WEBSITE; AND AMENDING SECTIONS 2-4-101, 2-4-102, 2-4-303, 2-4-412, 2-4-506, 2-4-603, 24-612, AND 2-4-704, MCA." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: Section 1. Section 2-4-101, MCA, is amended to read: "2-4-101. Short title -- purpose -- exception. (1) This chapter is known and may be cited as the "Montana Administrative Procedure Act". (2) The purposes of the Montana Administrative Procedure Act are to: (a) generally give notice to the public of governmental action and to provide for public participation in that action; (b) establish general uniformity and due process safeguards in agency rulemaking, legislative review of rules, and contested case proceedings; (c) establish standards for judicial review of agency rules and final agency decisions; (d) establish standards by which judges are charged with interpreting the law faithfully, impartially, and independently, based on legislative intent, without deference to a state or federal government agency; and (d)(e) provide the executive and judicial branches of government with statutory directives based on legislative intent. (3) Effective July 1, 2016, this …
Sponsors
- Deming, Lee (R, 54) · primary sponsor
Latest actions
- : (H) Died in Process
- : (H) Missed Deadline for General Bill Transmittal
- : (H) 2nd Reading
- : (H) Scheduled for 2nd Reading
- : (H) Committee Report
- : (H) Committee Executive Action
- : (H) Fiscal Note Printed
- : (H) Fiscal Note Signed
- : (H) Fiscal Note Received
- : (H) Hearing
Votes
- Do Pass (February 3, 2025): 37 yea, 62 nay, failed
Subjects: Judges and Justices, Courts, Administrative Rules, Legislature
Common questions
- What is HB52?
- HB52 is a bill in the Montana Legislature (2025 Regular Session): Generally revising administrative procedure laws relating to agency deference.
- What does HB52 do?
- In its own words: A bill for an act entitled: "an act generally revising the montana administrative procedure act; providing that a reviewing court may not give deference to the agency's interpretation of law or prior interpretations made by the agency; providing for the publication of stipulations of agreements on the state of montana website; and amending sections 2-4-101, 2-4-102, 2-4-303, 2-4-412, 2-4-506, 2-4-603, 24-612, and 2-4-704, mca.".
- What is the status of HB52?
- Failed as of May 20, 2025. Latest action: (H) Died in Process (May 20, 2025).
- Who sponsored HB52?
- Deming, Lee (R, 54).
- Where is the official record for HB52?
- On the Montana Legislature website: https://bills.legmt.gov/#/laws/bill/2/LC1784
Source: official Montana record. Tracked by Delilah, AI for legislation across all 50 states and Congress.