Montana legislation · 2025 Regular Session
Montana SB401: Prohibit definitions in administrative rules
Status: Failed, May 23, 2025
What the bill says
A bill for an act entitled: "an act revising the montana administrative procedure act to restrict the adoption of definitions in rules during the agency rulemaking process; providing legislative intent; prohibiting adoption of a definition if there is already a statutory definition; requiring an agency to recommend legislation for preintroduction if a definition is desired by the agency; amending section 2-4-301, mca; and providing an effective date.".
From the engrossed text:
A BILL FOR AN ACT ENTITLED: "AN ACT REVISING THE MONTANA ADMINISTRATIVE PROCEDURE ACT TO RESTRICT THE ADOPTION OF DEFINITIONS IN RULES DURING THE AGENCY RULEMAKING PROCESS; PROVIDING LEGISLATIVE INTENT; PROHIBITING ADOPTION OF A DEFINITION IF THERE IS ALREADY A STATUTORY DEFINITION; REQUIRING AN AGENCY TO RECOMMEND LEGISLATION FOR PREINTRODUCTION IF A DEFINITION IS DESIRED BY THE AGENCY; AMENDING SECTION 2-4-301, MCA; AND PROVIDING AN EFFECTIVE DATE." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: Section 1. Section 2-4-301, MCA, is amended to read: "2-4-301. Legislative findings -- policy not to allow adopting of definitions -- authority Authority to adopt not conferred. (1) (a) The legislature finds that it is an infringement on legislative power for an agency to revise a definition that is already codified in state law when the agency definition is applicable to the administration of the laws that are duly enacted by the legislature. (b) The legislature finds further than an agency has the ability to suggest legislation for introduction by presenting a proposal to an interim committee, and that all definitions should be enacted by the legislature and not by an agency that lacks the power to legislate. (c) While recognizing the goal to have all definitions codified in law, the legislature also recognizes that it takes time to repeal definitions that …
Sponsors
- Lenz, Dennis (R, 25) · primary sponsor
Latest actions
- : (S) Died in Process
- : (S) Missed Deadline for General Bill Transmittal
- : (S) Tabled in Committee
- : (S) Hearing
- : (S) Referred to Committee
- : (S) 1st Reading
- : (S) Introduced
- : (LC) Draft Delivered to Requester
- : (LC) Draft Ready for Delivery
- : (LC) Draft in Assembly
Subjects: Administrative Rules, Legislature, State Government
Common questions
- What is SB401?
- SB401 is a bill in the Montana Legislature (2025 Regular Session): Prohibit definitions in administrative rules.
- What does SB401 do?
- In its own words: A bill for an act entitled: "an act revising the montana administrative procedure act to restrict the adoption of definitions in rules during the agency rulemaking process; providing legislative intent; prohibiting adoption of a definition if there is already a statutory definition; requiring an agency to recommend legislation for preintroduction if a definition is desired by the agency; amending section 2-4-301, mca; and providing an effective date.".
- What is the status of SB401?
- Failed as of May 23, 2025. Latest action: (S) Died in Process (May 23, 2025).
- Who sponsored SB401?
- Lenz, Dennis (R, 25).
- Where is the official record for SB401?
- On the Montana Legislature website: https://bills.legmt.gov/#/laws/bill/2/LC0473
Source: official Montana record. Tracked by Delilah, AI for legislation across all 50 states and Congress.