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HOUSE BILL NO. 236
INTRODUCED BY M. DUNWELL
A BILL FOR AN ACT ENTITLED: "AN ACT REQUIRING PLAIN LANGUAGE TO BE USED IN STATE GOVERNMENT COMMUNICATIONS; PROVIDING DEFINITIONS; PROVIDING A PLAIN LANGUAGE STANDARD; PROVIDING STATE AGENCY REQUIREMENTS; REQUIRING AN INITIAL IMPLEMENTATION PLAN AND BIENNIAL COMPLIANCE REPORTS; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Purpose. The purpose of [sections 1 through 5] is to improve the effectiveness and accountability of state government to the public by promoting clear government communication using plain language that the public can understand and use.
NEW SECTION. Section 2. Definitions. As used in [sections 1 through 5], the following definitions apply:
(1) (a) "Covered document" means any document that:
(i) is necessary to obtain any state government benefit or service or to comply with a requirement, such as filing taxes or required reports;
(ii) provides information about any state government benefit or services; or
(iii) explains to the public how to comply with a requirement the state government administers or enforces.
(b) The term includes any regulation, rule, letter, publication, form, notice, or instruction in paper or electronic form.
(2) "Plain language" means language that is clear, concise, well-organized, and follows other best practices appropriate to the subject or field and the intended audience;
(3) "State agency" has the same meaning as provided in 2-2-102.
NEW SECTION. Section 3. Plain language required -- standard. (1) Each state agency shall prepare its covered documents and oral communications in plain language.
(2) A state agency's covered document or oral communication meets the standard for plain language if the covered document or oral communication, whenever possible:
(a) uses everyday words that convey meanings clearly and directly so the document or communication is easy to understand;
(b) uses the present tense and active voice;
(c) uses short, simple sentences;
(d) defines only those words that cannot be properly explained or qualified in the text;
(e) uses type of reasonable size; and
(f) uses layout and spacing that separate the paragraphs and sections of the document from each other.
NEW SECTION. Section 4. State agency requirements. (1) To implement the provisions of [sections 1 through 5], each state agency head shall:
(a) designate an employee to be the contact person who is authorized to oversee and ensure the implementation of [sections 1 through 5]. This contact person shall receive and respond to public input on:
(i) the agency's implementation of the plain language requirements; and
(ii) the compliance report required under [section 5].
(b) communicate the requirements of [sections 1 through 5] to the employees of the agency;
(c) train employees of the agency in writing and communicating in plain language; and
(d) establish a process to ensure the ongoing compliance of the agency with the requirements of [sections 1 through 5].
(2) The agency must include a section on the agency website homepage that:
(a) informs the public of the agency's compliance with the plain language requirements of [sections 1 through 5]; and
(b) provides a mechanism for the agency to receive and respond to public input on the agency's implementation of the plain language requirements.
NEW SECTION. Section 5. Implementation plan -- reporting requirements. (1) By June 30, 2016, the head of each agency shall publish an initial 2-year plan that describes the steps the agency will take to implement the requirements of [sections 1 through 5]. The initial plan must ensure that all newly-created covered documents comply with [sections 1 through 5] and demonstrate that existing covered documents that are currently in use will be updated to comply with this act by June 30, 2018.
(2) The initial plan must be posted to the plain language section on the agency's website required under [section 4].
(3) The head of each agency shall prepare a biennial report to the legislature as provided in 5-11-210 regarding the agency's compliance with [sections 1 through 5]. The biennial report must include:
(a) a summary of activities the agency has performed and the resources that were required to implement the requirements of [sections 1 through 5];
(b) a summary of the plain language training provided to employees;
(c) an explanation of any measured impacts resulting from implementation and compliance with the plain language requirements; and
(d) any recommendation the agency has for further legislation regarding the plain language standards.
NEW SECTION. Section 6. Codification instruction. [Sections 1 through 5] are intended to be codified as an integral part of Title 2, chapter 6, and the provisions of Title 2, chapter 6, apply to [sections 1 through 5].
NEW SECTION. Section 7. Effective date. [This act] is effective on passage and approval.
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Latest Version of HB
236 (HB0236.01)
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