HOUSE BILL NO. 197

INTRODUCED BY J. COBB

A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING FOR A REQUESTED RULEMAKING NOTE ON A BILL CONTAINING SECTIONS THAT MAY BE IMPLEMENTED BY ADMINISTRATIVE RULES; PROVIDING A PROCESS FOR THE REQUEST, PREPARATION, CONSIDERATION, AND CONTENTS OF THE RULEMAKING NOTE; AND PROVIDING AN EFFECTIVE DATE."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

NEW SECTION. Section 1. Rulemaking note for bill. The presiding officer of the house in which a bill is introduced that grants rulemaking authority or that extends existing rulemaking authority may, at the time of introduction of the bill, request a rulemaking note. A note may also be requested, as the joint rules of the senate and the house of representatives may allow, by:

(1) a committee considering the bill; or

(2) the sponsor, through the presiding officer.

NEW SECTION. Section 2. Preparation of rulemaking note. The budget director, in cooperation with the state or local agencies or officials or organizations representing local agencies or officials affected by the bill, is responsible for the preparation of the rulemaking note and shall provide the note to the presiding officer within 6 days of the request for the note. The budget director may ask the presiding officer to allow additional time to complete a note.

NEW SECTION. Section 3. Submission of rulemaking note -- sponsor's note -- distribution to legislators. (1) A completed rulemaking note must be submitted by the budget director to the presiding officer. Upon receipt of the completed note, the presiding officer shall notify the sponsor of the bill for which the note was prepared that the note has been completed and is available for review. Within 24 hours following notification, the sponsor shall:

(a) notify the presiding officer that the sponsor concurs with the completed note;

(b) request additional time, not to exceed 24 hours, to consult with the budget director on the note; or

(c) elect to prepare a sponsor's note as provided in subsection (4).

(2) (a) If the sponsor concurs with the completed note prepared by the budget director or elects to prepare a sponsor's note, the presiding officer shall refer the completed note prepared by the budget director to the committee considering the bill. If the bill is printed, the note must be reproduced and placed on the members' desks.

(b) If the sponsor requests additional time to consult with the budget director, the presiding officer shall notify the sponsor and the budget director of the time, not to extend beyond the time limitation specified in subsection (1)(b), by which:

(i) the budget director shall submit a revised completed note to the presiding officer;

(ii) the sponsor shall notify the presiding officer that the sponsor concurs with the original completed note; or

(iii) the sponsor shall elect to prepare a sponsor's note as provided in subsection (4).

(3) At the time specified as provided in subsection (2)(b), the presiding officer shall refer the original or, if revised, the revised note to the committee considering the bill. If the bill is printed, the note must be reproduced and placed on the members' desks.

(4) (a) A sponsor who elects to prepare a sponsor's note shall prepare the note as provided in [section 4] and return the completed note to the presiding officer within 4 days of the election to prepare a sponsor's note.

(b) The presiding officer may grant additional time to the sponsor to prepare the sponsor's note.

(c) Upon receipt of the completed sponsor's note, the presiding officer shall refer it to the committee hearing the bill. If the bill is printed, the note must be identified as a sponsor's note, reproduced, and placed on the members' desks.

NEW SECTION. Section 4. Contents of rulemaking note. (1) A rulemaking note must, if possible, include:

(a) a description of the subjects that the rules must address and the subjects that the rules may have to address;

(b) an estimate of the number of persons or entities that will be affected by the rules and of the short-term and long-term costs to the average person or entity of complying with the rules;

(c) an estimate of the short-term and long-term costs to the rulemaking agency of administering the rules; and

(d) the subject matter to be addressed by rules that could instead have been adequately addressed in the bill and the reasons why the subject matter was not addressed in the bill.

(2) No comment or opinion relative to merits of the bill, except for matters and issues relating to rulemaking, may be included. Technical or mechanical defects may be noted.

NEW SECTION. Section 5. Background information on rulemaking note to legislators on request. The budget director shall make available on request to any member of the legislature all background information used in developing a rulemaking note.

NEW SECTION. Section 6. Codification instruction. [Sections 1 through 5] are intended to be codified as an integral part of Title 5, chapter 4, and the provisions of Title 5, chapter 4, apply to [sections 1 through 5].

NEW SECTION. Section 7. Effective date. [This act] is effective July 1, 1999.

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