Governor’s office opposes bill on agency deference
Emma White |UM Legislative News Service
HELENA – The governor’s office is opposing a Republican-backed bill that would constrict state agencies’ interpretations of how legislation applies to their work.
House Bill 52, sponsored by Rep. Lee Deming, R-Laurel, would revise Montana’s laws on what’s called agency deference, which is an agency’s ability to create policy that fits their needs within the bounds of the law.
Deming argued at a committee hearing on Jan. 15 that the bill will help prioritize the legislature’s intent when creating laws and increase transparency in the state government.
“It helps ensure that courts interpret the law independently and without bias towards state and federal agencies,” Deming said.
Republican Lt. Gov. Kristen Juras opposed this bill, saying it would disrupt the power balance between the legislative, judicial and executive branches and hamper consistency in agency rulemaking.
“House Bill 52 disrupts the separation of powers balance by removing a court’s respectful consideration of an agency’s expertise and long-standing practice, which provides predictability to the people appearing before our agencies and boards,” Juras said.
The heads of several state agencies and statewide groups opposed the bill at the hearing, including the Department of Environmental Quality and the Montana Mining Association.
The bill comes after a 2024 Supreme Court case that ended agency deference on a federal level.
Emma White is a reporter with the UM Legislative News Service, a partnership of the University of Montana School of Journalism, the Montana Broadcasters Association and the Greater Montana Foundation. White can be reached at emma.white@umconnect.umt.edu
