AN ACT PROVIDING FOR THE RECEIPT OF PUBLIC COMMENT BY ELECTRONIC MAIL; REQUIRING AGENCIES USING ELECTRONIC MAIL TO DISSEMINATE AN ELECTRONIC MAIL ADDRESS TO WHICH PUBLIC COMMENT MAY BE MADE; REQUIRING AGENCIES CREATING OR RECEIVING ELECTRONIC DOCUMENTS TO DISSEMINATE THEM ELECTRONICALLY IF REQUESTED; PROHIBITING AGENCIES FROM CHARGING A FEE FOR DISSEMINATION OF ELECTRONIC DOCUMENTS; AND PROVIDING A DELAYED EFFECTIVE DATE.

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

Section 1. Agency using electronic mail to accept public comment electronically -- dissemination of electronic mail address and documents required -- prohibiting fees. (1) An agency that accepts public comment pursuant to a statute, administrative rule, or policy, including an agency adopting rules pursuant to the Montana Administrative Procedure Act or an agency to which 2-3-111 applies, shall, if the agency is capable of receiving electronic mail from the internet world wide web, provide for the receipt of public comment by the agency by use of that electronic mail system.

(2) As part of the agency action required by subsection (1), an agency shall disseminate by appropriate mediums its electronic mail address to which public comment may be made, including dissemination in:

(a) rulemaking notices published pursuant to the Montana Administrative Procedure Act;

(b) the telephone directory of state agencies published by the department of administration;

(c) any notice of agency existence, purpose, and operations published on the internet world wide web, popularly known as a "website", used by the agency;

(d) the state electronic bulletin board; or

(e) any combination of the methods of dissemination provided in subsections (2)(a) through (2)(d).

(3) An agency that uses electronic mail and creates or receives electronic documents shall, at the request of another agency or person, disseminate the electronic documents to that agency or person by electronic mail in place of surface mail. An agency may not charge a fee for providing documents by electronic mail in accordance with this subsection.

(4) As used in this section, "agency" means a department, division, bureau, office, board, commission, authority, or other agency of the executive branch of state government.

Section 2. Effective date. [This act] is effective July 1, 2000.

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I hereby certify that the within bill,

HB 0616, originated in the House.

Chief Clerk of the House

Speaker of the House

Signed this	day

of	, .

President of the Senate

Signed this	day

of	, .

HOUSE BILL NO. 616

INTRODUCED BY M. LINDEEN, L. GRINDE, H. HARPER, M. NOENNIG, B. RANEY, P. SLITER, F. THOMAS, B. WILSON

AN ACT PROVIDING FOR THE RECEIPT OF PUBLIC COMMENT BY ELECTRONIC MAIL; REQUIRING AGENCIES USING ELECTRONIC MAIL TO DISSEMINATE AN ELECTRONIC MAIL ADDRESS TO WHICH PUBLIC COMMENT MAY BE MADE; REQUIRING AGENCIES CREATING OR RECEIVING ELECTRONIC DOCUMENTS TO DISSEMINATE THEM ELECTRONICALLY IF REQUESTED; PROHIBITING AGENCIES FROM CHARGING A FEE FOR DISSEMINATION OF ELECTRONIC DOCUMENTS; AND PROVIDING A DELAYED EFFECTIVE DATE.