reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.11 - COMMISSIONER OF POLITICAL PRACTICES › Subchapter 44.11.7 - Surplus and Constituent Accounts › Rule 44.11.706 - PROHIBITIONS

Current through Register Vol. 13, July 5, 2024
(1) The following
				prohibitions apply to a constituent services account established under Title
				13, chapter 37, part 4, MCA,
				13-37-240, MCA, ARM 44.11.702 and
				44.11.703, and the rules in this chapter:
(a)
				An eligible elected official may not establish any other account related to the
				eligible elected official's public office after May 14, 2007, except for a
				campaign account.
(b) Only surplus
				campaign funds as defined in ARM 44.11.702 may be deposited in a constituent
				services account established under Title 13, chapter 37, part 4, MCA, and the
				rules in this chapter, except for the payment of interest as provided in ARM
				44.11.710. An eligible elected official may not:
(i) deposit funds from a pre-existing account
				or any other account related to the eligible elected official's public office
				into a constituent services account established under Title 13, chapter 37,
				part 4, MCA;
(ii) solicit or
				receive cash or anything of monetary value for deposit in a constituent
				services account or to provide constituent services; or
(iii) solicit or receive an in-kind donation
				to provide constituent services.
(c) A constituent services account
				established under Title 13, chapter 37, part 4, MCA, may only be used to
				provide constituent services.
(d)
				Constituent services account funds may not be used for personal benefit as
				specified in
				13-37-240 and
				13-37-402, MCA, ARM 44.11.702, and
				44.11.703, and the rules in this chapter. Constituent services account funds
				may not be used to pay compensation to an eligible elected official or a member
				of an eligible elected official's immediate family except as expressly provided
				in the rules in this chapter.
(e)
				Expenditures cannot be made from a constituent services account if the eligible
				elected official has an open campaign account for any elective office,
				including an elective office other than the office currently held. However,
				constituent services account funds may be used to pay for constituent services
				provided or expenses incurred to provide constituent services before the date
				upon which a campaign account was opened if payments for such services or
				expenses are supported by written documentation as provided in ARM
				44.11.709.
(f) Constituent services
				account funds may not be contributed to another ballot issue or candidate
				campaign, including the eligible elected official's own future
				campaign.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.11 - COMMISSIONER OF POLITICAL PRACTICES › Subchapter 44.11.7 - Surplus and Constituent Accounts › Rule 44.11.707 - AUTHORIZED EXPENDITURES

Current through Register Vol. 13, July 5, 2024
(1) A constituent
				services account established under Title 13, chapter 37, part 4, MCA,
				13-37-240, MCA, and the rules in
				this chapter, may be used to pay for the following expenses incurred to provide
				constituent services:
(a) communications with
				constituents or on behalf of constituents, including but not limited to,
				printing, postage, paper, internet, facsimile, delivery, or other costs
				incurred to communicate with or on behalf of constituents. Communication costs
				do not include payment for public advertisements or public announcements of any
				kind unless such public advertisements or announcements are limited to publicly
				announcing the date, time, place, and general purpose of a meeting in an
				eligible elected official's district at which the public will be allowed to
				participate in a public discussion of matters of interest to an eligible
				elected official's constituents;
(b) travel, meal, and lodging expenses as
				provided in (2);
(c) equipment and
				supplies as provided in (3) and (4);
(d) office expenses related to the lease or
				purchase of office space as provided in (3) and (4);
(e) utility costs associated with the use of
				equipment, supplies, and office space to provide constituent
				services;
(f) compensation paid to
				an individual, other than an eligible elected official or a member of an
				eligible elected official's immediate family; and
(g) expenses related to education, workshops,
				and conference participation that are incurred to represent and serve
				constituents; and
(h) any other
				expenses incurred to provide constituent services subject to the requirements
				and prohibitions of the rules in this chapter.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.11 - COMMISSIONER OF POLITICAL PRACTICES › Subchapter 44.11.7 - Surplus and Constituent Accounts › Rule 44.11.708 - OPENING AN ACCOUNT

Current through Register Vol. 13, July 5, 2024
(1) An eligible
				elected official may establish a constituent services account under Title 13,
				chapter 37, part 4, MCA,
				13-37-240, MCA, and the rules in
				this chapter, by filing a completed constituent services account form provided
				by the commissioner. The form shall require an eligible elected official to
				disclose and provide, as a minimum, the following:
(a) the name and elective office held by the
				eligible elected official establishing the constituent services
				account;
(b) the district or
				geographic area represented by the eligible elected official;
(c) the full name, mailing address, and
				telephone number that appears on the constituent services account;
(d) the full name and mailing address of any
				individual other than the eligible elected official who is authorized to make
				expenditures from the account (the eligible elected official establishing the
				account must be one of the signatories on the account);
(e) the full name, mailing address, and
				telephone number that appears on the campaign account from which surplus
				campaign funds are being transferred for deposit in the constituent services
				account;
(f) the full name, mailing
				address, and telephone number of the financial institution at which the
				constituent services account has been established;
(g) a copy of the closing report for the
				campaign account from which surplus campaign funds are being transferred for
				deposit in the constituent services account;
(h) the amount of surplus campaign funds
				being deposited in the constituent services account;
(i) if all of the surplus campaign funds in
				the closed campaign account will not be deposited in the eligible elected
				official's constituent services account, the full name and mailing address of
				each contributor or entity receiving any portion of the surplus campaign funds
				pursuant to ARM 44.11.702; and
(j)
				for each payment of surplus campaign funds to a contributor or entity under the
				preceding subsection, the date on which the payment was made.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.11 - COMMISSIONER OF POLITICAL PRACTICES › Subchapter 44.11.7 - Surplus and Constituent Accounts › Rule 44.11.709 - RECORDS AND REPORTING

Current through Register Vol. 13, July 5, 2024
(1) An eligible
				elected official who establishes a constituent services account under Title 13,
				chapter 37, part 4, MCA,
				13-37-240, MCA, and the rules in
				this chapter, must file quarterly reports with the commissioner's office after
				an account is opened. Reports must be filed on or before April 10, July 10,
				October 10, and January 10 in each calendar year until the account is closed as
				provided in ARM 44.11.711. A report must be filed even if no expenditures have
				been made during the reporting period. The reports must include all
				expenditures made and interest accrued through the end of the calendar quarter
				on which the quarterly report is due.
(2) Each report must contain, as a minimum,
				the following:
(a) the amount of money in the
				account at the beginning of the reporting period;
(b) the amount and rate of interest paid on
				money in the account during the reporting period pursuant to ARM
				44.11.710;
(c) for each expenditure
				made during the reporting period:
(i) the
				full name, mailing address, occupation, and principal place of business (if
				any) of each person to whom expenditures were made; and
(ii) the amount, date, and general statement
				describing the constituent services that were the basis for each expenditure;
				and
(iii) the total amount of
				expenditures made to each person; and
(iv) the amount of money in the account at
				the end of the reporting period.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.11 - COMMISSIONER OF POLITICAL PRACTICES › Subchapter 44.11.7 - Surplus and Constituent Accounts › Rule 44.11.710 - INTEREST PAID ON ACCOUNTS

Current through Register Vol. 13, July 5, 2024
(1) Interest paid
				on a constituent services account established under Title 13, chapter 37, part
				4, MCA, 13-37-240, MCA, and the rules in
				this chapter, may be received and used to provide constituent services if:
(a) the interest is deposited directly into
				the constituent services account;
(b) the interest is paid by a bank, savings
				and loan, credit union, brokerage firm, or other financial or investment entity
				subject to regulation by the state of Montana or an agency of the United States
				government; and
(c) the interest
				paid is the entity's prevailing money market, savings, or certificate of
				deposit rate paid to other investors or depositors with similar interest
				bearing accounts.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.11 - COMMISSIONER OF POLITICAL PRACTICES › Subchapter 44.11.7 - Surplus and Constituent Accounts › Rule 44.11.711 - CLOSING AN ACCOUNT-DISBURSEMENT OF SURPLUS ACCOUNT FUNDS

Current through Register Vol. 13, July 5, 2024
(1) An eligible
				elected official must close a constituent services account within 120 days
				after leaving public office as defined in ARM 44.11.701. The closing report
				must be filed on a form to be provided by the commissioner.
(2) A closing report must disclose the full
				name and mailing address of each contributor or entity receiving all or any
				portion of the funds in a constituent services account pursuant to ARM
				44.11.702. The closing report must also disclose the date on which the payment
				was made to each contributor or entity.
AUTH:
					 13-37-114, MCA; IMP:
					 13-37-401,
					 13-37-402,
					 MCA
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.12 - COMMISSIONER OF POLITICAL PRACTICES - LOBBYIST DISCLOSURE › Subchapter 44.12.1 - General Policy - Lobbyist Disclosure › Rule 44.12.101 - LOBBYING - EXEMPTIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 5-7-111, MCA; IMP, Sec.
					 5-7-102,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.12 - COMMISSIONER OF POLITICAL PRACTICES - LOBBYIST DISCLOSURE › Subchapter 44.12.1 - General Policy - Lobbyist Disclosure › Rule 44.12.102 - LOBBYING -DEFINITIONS AND SCOPE-REPORTABLE ACTIVITIES

Current through Register Vol. 13, July 5, 2024
For purposes of Title 5, chapter 7, MCA, and this
				  chapter:
(1) "Compensation" includes:
(a) all direct or indirect payments of
				salaries, fees, wages, and benefits by a principal to a lobbyist or an
				individual engaged in lobbying activities to lobby or to support or assist a
				lobbying activity. The term includes, but is not limited to, all payments made
				to a lobbyist or an individual engaged in lobbying activities to lobby or to
				support or assist a lobbying activity for overtime, compensatory time,
				retirement, health insurance, membership fees for social, civic and
				professional organizations, life insurance, professional liability insurance,
				unemployment, worker's compensation, personal use of a vehicle, rental car
				payments, disability insurance, and other benefits; and
(b) the term "compensation" does not include
				personal living expenses of a lobbyist or an individual engaged in lobbying
				activities that are reimbursed by a principal.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.12 - COMMISSIONER OF POLITICAL PRACTICES - LOBBYIST DISCLOSURE › Subchapter 44.12.1 - General Policy - Lobbyist Disclosure › Rule 44.12.103 - LOBBYISTS AND LOBBYING SUPPORT PERSONNEL-REPORTING OF INFORMATION TO PRINCIPAL

Current through Register Vol. 13, July 5, 2024
(1) It is the duty
				of each individual lobbyist or individual whose activities are covered by Title
				5, chapter 7, MCA, to maintain records relating to information required to be
				reported and exemptions claimed. Each individual lobbyist and individual
				engaged in lobbying activities must timely transmit such information to the
				lobbyist's or individual's principal to allow timely reporting by the
				principal.
(2) Except as provided
				in (3), the records submitted to a principal by a lobbyist or an individual who
				is paid to lobby or who is paid to support or assist a lobbying activity must,
				for each reporting period specified in
				5-7-208, MCA:
(a) identify each calendar day on which the
				lobbyist or the individual was paid to lobby or to support or assist a lobbying
				activity;
(b) indicate the
				reportable time spent by a lobbyist or an individual lobbying or assisting or
				supporting a lobbying activity for each calendar day identified in (2) (a) ;
				and
(c) identify each official
				action on which the lobbyist or the individual lobbied or supported or assisted
				a lobbying activity during the reporting period. The official action identified
				under this subsection must include sufficient detail to enable a principal to
				file a report required by
				5-7-208(5) (d),
				MCA, and ARM
				44.12.202. The following are
				examples of official action descriptions that satisfy the requirements of this
				subsection:
(i) identification of proposed or
				introduced legislation by bill draft request number or bill or resolution
				numbers (e.g., opposed HB 62 or supported SB 381, with amendments) ;
				or
(ii) using descriptive phrases
				that adequately describe the official action supported, opposed, or modified
				(e.g., senate resolution 6, supported confirmation of Gayle Smith to be
				director of department of administration).
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.12 - COMMISSIONER OF POLITICAL PRACTICES - LOBBYIST DISCLOSURE › Subchapter 44.12.1 - General Policy - Lobbyist Disclosure › Rule 44.12.104 - PERSONAL LIVING EXPENSES -LIMITATIONS AND RECORDS

Current through Register Vol. 13, July 5, 2024
(1) The exemption from reporting personal
				living expenses in
				5-7-102(13) (b)
				(i), MCA, is limited to actual and necessary
				personal living expenses incurred by a lobbyist or an individual engaged in
				lobbying activities.
(2) All
				personal living expenses claimed by a lobbyist or an individual engaged in
				lobbying activities and reimbursed by a principal must be supported by a
				written receipt from the third party payee, except that a lobbyist or an
				individual engaged in lobbying activities may be reimbursed by a principal in
				an amount not to exceed $10 per day for incidental personal living expenses
				without a receipt from third party payees.
(3) If a lobbyist or an individual engaged in
				lobbying activities received payments for personal living expenses from more
				than one principal, the total payments made to the lobbyist or the individual
				engaged in lobbying activities for personal living expenses may not exceed 100%
				of the actual and necessary personal living expenses incurred by the lobbyist
				or the individual engaged in lobbying activities.
(4) Each principal making payments for the
				personal living expenses of a lobbyist or an individual engaged in lobbying
				activities may only withhold from reporting the principal's proportional share
				of the personal living expenses paid by the principal to the lobbyist or the
				individual engaged in lobbying activities.
(5) A lobbyist or an individual engaged in
				lobbying activities receiving payments for personal living expenses from more
				than one principal is responsible for reporting to each principal the total
				personal living expenses incurred by the lobbyist or the individual engaged in
				lobbying activities in each reporting period and the proportional amount of
				personal living expenses that each principal is obligated to pay. For example,
				Lobbyist J incurs $6,000 of personal living expenses in a legislative year.
				Lobbyist J is reimbursed for personal living expenses by four different
				principals and the four principals are responsible for paying the following
				proportional amounts: Principal T (50%) ; Principal X (20%) ; Principal Y (20%)
				; and Principal Z (10%). The four principals are exempt from reporting the
				following payments to Lobbyist J for personal living expenses:
(a) Principal T (50%), $3,000;
(b) Principal X (20%), $1,200;
(c) Principal Y (20%), $1,200; and
(d) Principal Z (10%), $600.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.12 - COMMISSIONER OF POLITICAL PRACTICES - LOBBYIST DISCLOSURE › Subchapter 44.12.1 - General Policy - Lobbyist Disclosure › Rule 44.12.105 - STATE GOVERNMENT AGENCIES-LOBBYING-DEFINITIONS AND REPORTING

Current through Register Vol. 13, July 5, 2024
(1) Agencies of state government as defined
				in 2-15-102(2), MCA,
				and the offices of elected and appointed public officials designated in ARM
				44.12.106 and
				44.12.106A that engage in lobbying
				are principals subject to the requirements of Title 5, chapter 7, MCA, and this
				chapter. State agencies and the offices of public officials designated in ARM
				44.12.106 and
				44.12.106A are exempt from
				reporting the following actions as lobbying activities:
(a) recommendations or reports to the
				legislature or a committee thereof, or a public official, in response to a
				request expressly requesting or directing a specific study, recommendation, or
				report by an agency on a particular subject;
(b) any duty that is mandated by law, rule,
				or executive order, such as the governor's annual message to the
				legislature;
(c) budget preparation
				activities related to preparation and submittal of the governor's executive
				budget as required by Article VI, section 9 of the Montana Constitution (
				5-7-211, MCA) ;
(d) the actions of elected and appointed
				public officials designated in ARM
				44.12.106 and
				44.12.106A while acting in their
				official capacity for state government to promote or oppose the introduction or
				enactment of legislation before the legislature or the members of the
				legislature (
				5-7-102(11) (b),
				MCA) ; and
(e) information or
				testimony provided in response to a request from the legislature, a legislative
				committee, or a public official if the information or testimony does not
				support or oppose the official action under consideration.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.12 - COMMISSIONER OF POLITICAL PRACTICES - LOBBYIST DISCLOSURE › Subchapter 44.12.1 - General Policy - Lobbyist Disclosure › Rule 44.12.106 - ELECTED PUBLIC OFFICIALS

Current through Register Vol. 13, July 5, 2024
(1) To provide
				guidance and certainty in identifying who is a public official as defined in
				5-7-102(16), MCA,
				and an elected state official as defined in
				5-7-102(7), MCA,
				the following are deemed to be an elected public official acting in his/her
				official capacity for state government:
(a)
				the governor;
(b) the lieutenant
				governor;
(c) the secretary of
				state;
(d) the attorney
				general;
(e) the state
				auditor;
(f) the superintendent of
				public instruction;
(g) public
				service commissioners;
(h) justices
				of the supreme court;
(i) district
				court judges;
(j) the clerk of the
				supreme court; and
(k)
				legislators.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.12 - COMMISSIONER OF POLITICAL PRACTICES - LOBBYIST DISCLOSURE › Subchapter 44.12.1 - General Policy - Lobbyist Disclosure › Rule 44.12.106A - APPOINTED PUBLIC OFFICIALS

Current through Register Vol. 13, July 5, 2024
(1)To provide
				guidance and certainty in identifying who is a public official as defined in
				5-7-102(16), MCA,
				and an appointed state official as defined in
				5-7-102(1), MCA,
				the following are deemed to be an appointed public official acting in his/her
				official capacity for state government:
(a)
				any individual appointed to public office by the governor or the chief justice
				of the Montana supreme court and subject to Montana senate confirmation. This
				includes, but is not limited to, individuals appointed under
				2-15-111,
				2-15-124,
				2-15-1505,
				2-15-1507,
				2-15-1707, and
				3-1-1001 through
				3-1-1014, MCA;
(b) the commissioner of political practices
				appointed under
				13-37-102, MCA;
(c) any individual appointed by the chief
				justice of the supreme court under
				3-1-1001, MCA;
(d) any individual appointed to serve as a
				member of the judicial nomination commission under
				3-1-1001, MCA;
(e) any individual appointed to serve as a
				member of the judicial standards commission under
				3-1-1101 and
				3-1-1102, MCA;
(f) any individual appointed to serve as a
				member of the districting and apportionment commission under
				5-1-101 and
				5-1-102, MCA;
(g) any individual who is appointed by the
				board of regents of higher education to serve as:
(i) the commissioner of higher education;
				or
(ii) the chief executive officer
				of a campus of the Montana university system; and
(h) any individual appointed by the board of
				trustees of a community college to serve as president.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.12 - COMMISSIONER OF POLITICAL PRACTICES - LOBBYIST DISCLOSURE › Subchapter 44.12.1 - General Policy - Lobbyist Disclosure › Rule 44.12.107 - LOCAL GOVERNMENT LOBBYING-DEFINITIONS AND REPORTING

Current through Register Vol. 13, July 5, 2024
(1) A local government entity, which includes
				but is not limited to a county, a consolidated government, an incorporated city
				or town, a school district, or a special district, that engages in lobbying is
				a principal subject to the requirements of Title 5, chapter 7, MCA, and this
				chapter. A local government entity is exempt from reporting the following
				actions as lobbying activities:
(a)
				recommendations or reports to the legislature or a committee thereof, or a
				public official, in response to a request expressly requesting or directing a
				specific study, recommendation, or report by a state agency on a particular
				subject;
(b) any duty that is
				mandated by law, rule or executive order, such as the governor's annual message
				to the legislature;
(c) budget
				preparation activities related to preparation and submittal of the governor's
				executive budget as required by Article VI, section 9 of the Montana
				Constitution (
				5-7-211, MCA) ;
(d) information or testimony provided in
				response to a request from the legislature, a legislative committee, or a
				public official if the information or testimony does not support or oppose the
				official action under consideration; and
(e) the actions of elected local officials
				while acting in their official capacity for a local government entity to
				promote or oppose the introduction or enactment of legislation before the
				legislature or the members of the legislature (
				5-7-102(11) (b),
				MCA).
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.12 - COMMISSIONER OF POLITICAL PRACTICES - LOBBYIST DISCLOSURE › Subchapter 44.12.1 - General Policy - Lobbyist Disclosure › Rule 44.12.108 - LOBBYING BY FEDERAL AGENCIES AND TRIBAL REPRESENTATIVES

Current through Register Vol. 13, July 5, 2024
(1) Federal government agencies and Indian
				tribes that engage in lobbying are principals, and are subject to the same
				lobbying reporting requirements and entitled to the same or equivalent
				exemptions from reporting as state and local government agencies, as described
				in ARM 44.12.105 and
				44.12.107. Pursuant to
				5-7-102, MCA, the activities of
				elected federal officials and elected tribal officials, as defined in
				5-7-102, MCA, when acting in an
				official governmental capacity, are not reportable lobbying activities.
Sec.
					 5-7-111, MCA; IMP, Sec.
					 5-7-102,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.12 - COMMISSIONER OF POLITICAL PRACTICES - LOBBYIST DISCLOSURE › Subchapter 44.12.1 - General Policy - Lobbyist Disclosure › Rule 44.12.109 - PERSONAL FINANCIAL DISCLOSURE BY ELECTED OFFICIALS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred
Sec.
					 5-7-111, MCA; IMP, Sec.
					 5-7-102(12),
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.12 - COMMISSIONER OF POLITICAL PRACTICES - LOBBYIST DISCLOSURE › Subchapter 44.12.2 - Reporting of Lobbying Expenditures by Principals Right to Hearing › Rule 44.12.201 - REPORTING OF CONTRIBUTIONS AND MEMBERSHIP FEES

Current through Register Vol. 13, July 5, 2024
(1) As used in
				5-7-208(5) (c),
				MCA, a contribution or membership fee is considered to be paid for the purpose
				of lobbying and therefore reportable by a principal if it is:
(a) solicited by the recipient to be used
				primarily for payment of lobbying expenses;
(b) paid to a group formed or existing
				primarily for the purpose of lobbying; or
(c) earmarked or intended by the donor to be
				used for payment of lobbying expenses.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.12 - COMMISSIONER OF POLITICAL PRACTICES - LOBBYIST DISCLOSURE › Subchapter 44.12.2 - Reporting of Lobbying Expenditures by Principals Right to Hearing › Rule 44.12.202 - PRINCIPALS-REPORTS-MAINTENANCE OF RECORDS

Current through Register Vol. 13, July 5, 2024
(1) Pursuant to
				5-7-208, MCA, a principal who makes
				payments that exceed the amount specified in
				5-7-112, MCA, to one or more
				lobbyists or individuals engaged in lobbying activities during a calendar year
				shall report payments made to each lobbyist or individual for lobbying or to
				support or assist a lobbying activity as follows:
(a) To determine whether a principal has made
				payments exceeding the threshold amount in
				5-7-112, MCA, during a calendar
				year, the principal must include all payments made to lobbyists and to
				individuals engaged in lobbying activities, excluding payments or
				reimbursements for personal and necessary living and travel expenses.
(b) If a principal does not make payments
				that exceed the threshold amount in
				5-7-112, MCA, to one or more
				lobbyists or individuals engaged in lobbying activities during a calendar year
				as provided in (1) (a), then the principal does not have to report any payments
				made.
(c) If a principal makes
				payments that exceed the threshold amount in
				5-7-112, MCA, to one or more
				lobbyists or individuals engaged in lobbying activities during a calendar year
				as provided in (1) (a), then all payments (excluding personal and necessary
				living expenses) made to a lobbyist or an individual engaged in lobbying
				activities, including those payments excluded in determining whether the amount
				in 5-7-112, MCA, was exceeded by the
				principal, must be reported under
				5-7-208, MCA, and these rules.
				Although travel expenses paid to a lobbyist or an individual engaged in
				lobbying activities are excluded from the threshold payment determination under
				(1) (a), all payments or reimbursements for travel expenses to a lobbyist or an
				individual engaged in lobbying activities, including travel expense payments
				excluded from the determination of whether the amount in
				5-7-112, MCA, was exceeded by the
				principal, must be reported under
				5-7-208, MCA, and ARM
				44.12.205(5) once
				payments to a lobbyist or for lobbying activities exceed the threshold amount
				for a calendar year as provided in
				5-7-112, MCA.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.12 - COMMISSIONER OF POLITICAL PRACTICES - LOBBYIST DISCLOSURE › Subchapter 44.12.2 - Reporting of Lobbying Expenditures by Principals Right to Hearing › Rule 44.12.203 - PRINCIPALS -REPORTING OF COMPENSATION PAID TO LOBBYISTS

Current through Register Vol. 13, July 5, 2024
(1) Pursuant to
				5-7-208(5) (a),
				MCA, reports filed by principals shall disclose compensation paid to lobbyists
				in the following manner:
(a) If the
				compensation paid is a periodic, lump sum, or contingent fee and the primary
				purpose of the contract is for lobbying or to support or assist lobbying
				activities, the entire amount of the fee shall be reported.
(b) If the lobbyist or the individual engaged
				in lobbying activities is a salaried employee or officer of the principal, and
				his duties include lobbying or support or assistance for lobbying activities,
				the compensation may be allocated and reported on a daily basis or on an hourly
				basis based on the amount of time the lobbyist or the individual is engaged in
				lobbying or in supporting or assisting lobbying activities.
(c) If the compensation paid is a fee for
				services that includes lobbying or supporting or assisting lobbying activities
				but not as the primary purpose of the contract, either:
(i) the proportion of the total fee that
				equals the proportion of the total time spent lobbying or supporting or
				assisting lobbying activities on behalf of the principal shall be reported;
				or
(ii) if the principal is being
				billed on an hourly basis, the compensation paid for the actual time billed for
				lobbying or supporting or assisting lobbying activities on behalf of the
				principal shall be reported.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.12 - COMMISSIONER OF POLITICAL PRACTICES - LOBBYIST DISCLOSURE › Subchapter 44.12.2 - Reporting of Lobbying Expenditures by Principals Right to Hearing › Rule 44.12.204 - PAYMENT THRESHOLD-INFLATION ADJUSTMENT

Current through Register Vol. 13, July 5, 2024
(1) Pursuant to the operation specified in
				5-7-112, MCA, the adjusted payment
				threshold for calendar years 2023 and 2024 is $2,900.
AUTH:
					 5-7-111, MCA; IMP:
					 5-7-112,
					 MCA
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.12 - COMMISSIONER OF POLITICAL PRACTICES - LOBBYIST DISCLOSURE › Subchapter 44.12.2 - Reporting of Lobbying Expenditures by Principals Right to Hearing › Rule 44.12.205 - PRINCIPALS-REPORTING OF REIMBURSED EXPENSES OF LOBBYISTS

Current through Register Vol. 13, July 5, 2024
(1) If a principal reimburses a lobbyist or
				an individual for actual expenses incurred for lobbying or to support or assist
				a lobbying activity (excluding personal and necessary living expenses), the
				actual reimbursed expenses must be reported.
(2) If the lobbyist or the individual engaged
				in lobbying activities is being paid a periodic, lump sum, or contingent fee
				and the primary purpose of the contract is for lobbying services, all
				reimbursed expenses (excluding personal and necessary living expenses) shall be
				reported.
(3) If the lobbyist or
				the individual engaged in lobbying activities is being paid a fee and lobbying
				services are a part of the contract, only those expenses or the portion of them
				that are related to or incurred in lobbying or in providing support or
				assistance for a lobbying activity on behalf of the principal shall be reported
				(excluding personal and necessary living expenses).
(4) If the expenses are incurred by a
				salaried employee or officer of the principal whose duties include lobbying,
				only those reimbursed expenses (excluding personal and necessary living
				expenses) or the proportion of them that are related to or incurred in lobbying
				or in providing support or assistance for a lobbying activity on behalf of the
				principal shall be reported.
(5)
				Travel expenses of a lobbyist or an individual engaged in lobbying activities
				that are paid or reimbursed by a principal shall not be included by the
				principal in calculating whether the threshold amount in
				5-7-112, MCA, has been exceeded by
				the principal. However, once a principal has made payments exceeding the amount
				in 5-7-112, MCA, all travel expenses
				of a lobbyist or an individual engaged in lobbying activities that were paid or
				reimbursed by a principal (including those excluded in determining whether the
				amount in 5-7-112, MCA, was exceeded by the
				principal) shall be reported by the principal.
5-7-111, MCA; IMP,
					 5-7-111,
					 5-7-208,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.12 - COMMISSIONER OF POLITICAL PRACTICES - LOBBYIST DISCLOSURE › Subchapter 44.12.2 - Reporting of Lobbying Expenditures by Principals Right to Hearing › Rule 44.12.207 - PRINCIPALS-REPORTING OF OFFICE AND MISCELLANEOUS EXPENSES

Current through Register Vol. 13, July 5, 2024
(1) Principals shall report payments to
				influence official action, including payments to a lobbyist or an individual to
				lobby or to support or assist a lobbying activity, for each expense category in
				5-8-208(5) (a), MCA.
(2) If a
				principal provides at the principal's expense office space, utilities,
				supplies, and equipment to a lobbyist or an individual to lobby or to support
				or assist a lobbying activity, the principal shall report the cost of providing
				such office space, utilities, supplies, and equipment as follows:
(a) If the actual cost of providing office
				space, utilities, supplies, and equipment can be determined and the actual cost
				is less than $5,000 for a reporting period, then actual cost may be reported.
				In the alternative, a principal may report that office space, utilities,
				supplies, and equipment were provided to a lobbyist or an individual engaged in
				lobbying activities during the reporting period and the cost of providing such
				office space, utilities, supplies, and equipment was:
(i) $1,000 or less for the reporting period;
				or
(ii) more than $1,000 but less
				than $5,000 for the reporting period.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.12 - COMMISSIONER OF POLITICAL PRACTICES - LOBBYIST DISCLOSURE › Subchapter 44.12.2 - Reporting of Lobbying Expenditures by Principals Right to Hearing › Rule 44.12.209 - PRINCIPALS-REPORTING OF COSTS OF ENTERTAINMENT AND SOCIAL EVENTS

Current through Register Vol. 13, July 5, 2024
(1) A principal shall report the cost of
				entertainment and social events, including but not limited to meals, parties,
				cocktail parties, shows, movies, buffets, receptions, sporting events,
				membership fees for clubs, or other similar functions, as follows: payments
				made by the principal, the lobbyist, or an individual engaged in lobbying
				activities for the benefit of the public officials who attend the event,
				including tips or gratuities, must be reported as a lobbying expenditure and,
				if applicable, itemized as provided in
				5-7-208(5) (b),
				MCA, if:
(a) if one or more public officials
				are invited and attend the event, all payments made by the principal, the
				lobbyist, or an individual engaged in lobbying activities for the benefit of
				the public officials who attend the event, including tips or gratuities, must
				be reported as a lobbying expenditure and, if applicable, itemized as provided
				in 5-7-208(5) (b),
				MCA, if:
(i) a principal's lobbyist, employee,
				officer, agent, attorney, or individual engaged in lobbying activities lobbies
				a public official during the event;
(ii) the event includes a program by a
				principal's lobbyist, employee, agent, attorney, or officer concerning proposed
				or pending official action; or
(iii) the event is paid for at the request or
				suggestion of a lobbyist or an individual for the purpose of supporting or
				assisting a lobbying activity.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.12 - COMMISSIONER OF POLITICAL PRACTICES - LOBBYIST DISCLOSURE › Subchapter 44.12.2 - Reporting of Lobbying Expenditures by Principals Right to Hearing › Rule 44.12.211 - ALLOCATION OF TIME AND COSTS-ALTERNATIVE REPORTING METHOD

Current through Register Vol. 13, July 5, 2024
(1) A principal may use the following
				alternatives to report payments made to a lobbyist or an individual to lobby or
				to support or assist a lobbying activity:
(a)
				if most or all of the time spent by a lobbyist or an individual during a
				reporting period is devoted to lobbying or supporting or assisting lobbying
				activities, the total sum of all compensation paid to the person during the
				period may be reported as lobbying payments;
(b) if less than all of the time spent by a
				lobbyist or an individual is devoted to lobbying or supporting or assisting
				lobbying activities, then the sum reportable may be calculated as the
				proportion of the total compensation paid that equals the proportion of the
				total hours or days spent lobbying or supporting or assisting lobbying
				activities during the reporting period. For example, if a lobbyist or an
				individual engaged in lobbying activities is paid $500 per week and spends the
				equivalent of two days lobbying or supporting or assisting lobbying activities,
				then $200 may be reported by his principal as lobbying payments; and
(c) office space, utilities, supplies,
				equipment, and salary payments made to support or assist a lobbyist or an
				individual engaged in lobbying or a lobbying activity may be reported as a
				proportion of total expenses for the reporting period. If it can be reasonably
				determined that a given proportion of total expenses during a period were
				related to lobbying or supporting or assisting lobbying activities, a principal
				may report the proportion of total expenses for the period that equals the
				proportion of time and budget spent on lobbying or supporting or assisting
				lobbying activities.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.12 - COMMISSIONER OF POLITICAL PRACTICES - LOBBYIST DISCLOSURE › Subchapter 44.12.2 - Reporting of Lobbying Expenditures by Principals Right to Hearing › Rule 44.12.212 - LICENSES-FEES-WAIVER-HEARING

Current through Register Vol. 13, July 5, 2024
(1) A lobbyist employed by one or more
				principals must complete and file with the commissioner a lobbyist license
				application (form L-1) within five business days after receiving payment or
				payments from one or more principals equaling or exceeding the amount specified
				in 5-7-112, MCA. Forms are available
				upon request from the office of the Commissioner of Political Practices, P.O.
				Box 202401, Helena, Montana 59620-2401, telephone (406) 444-2942. The forms may
				also be downloaded from the office's web site at
				http://politicalpractices.mt.gov/ [File Link Not Available].
(a) The application must be accompanied by an
				application fee of $150 and by a principal authorization statement (form L-2).
				An applicant may apply for a waiver of the fee based on hardship pursuant to
				the procedure set forth in (2).
(b)
				A principal's authorization will not be approved if that principal has failed
				to file reports required by
				5-7-208, MCA.
(c) Upon approval of the lobbyist's
				application, payment of the $150 application fee, and filing of a principal's
				authorization statement, a license will be issued that entitles the lobbyist to
				practice lobbying on behalf of the principal or principals designated on the
				application.
(d) Licenses expire on
				December 31 of each even numbered year, or may be terminated earlier upon
				submission of a written request by the lobbyist. The commissioner is not
				authorized to refund the application fee or a portion of the fee if a license
				is terminated early upon the request of the lobbyist.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.12 - COMMISSIONER OF POLITICAL PRACTICES - LOBBYIST DISCLOSURE › Subchapter 44.12.2 - Reporting of Lobbying Expenditures by Principals Right to Hearing › Rule 44.12.213 - COMPLAINTS-PROCEDURE

Current through Register Vol. 13, July 5, 2024
(1) An individual who believes that a
				violation of Title 5, chapter 7, MCA, or the rules implementing Title 5,
				chapter 7, MCA, has occurred may file a written complaint in person or by
				certified mail with the commissioner. When a complaint is received, it shall be
				marked to show the date of receipt. Unless the complaint is determined to be
				insufficient pursuant to (4), within five days after receipt of a complaint,
				the commissioner shall, by certified mail, acknowledge its receipt and transmit
				a copy to the alleged violator. Saturdays, Sundays, and holidays shall be
				excluded in the calculation of the five-day period.
(2) A complaint shall be typewritten or
				legibly handwritten in ink. The complete name and mailing address of the person
				filing the complaint shall be typewritten or legibly hand printed on the
				complaint; and the complaint shall be signed and verified by the oath or
				affirmation of such person, taken before any officer authorized to administer
				oaths. A complaint shall name the alleged violator, and should include the
				complete mailing address of the alleged violator, if known or readily
				discoverable.
(3) Upon receipt of a
				complaint, the commissioner shall investigate, except as provided in (4), the
				alleged violation. The commissioner, upon completion of the investigation,
				shall prepare a written summary of facts and statement of findings, which shall
				be sent to the complainant and the alleged violator. Following the issuance of
				a summary of facts and statement of findings, the commissioner may take other
				appropriate action.
(4) No
				investigation shall be required if a complaint is frivolous on its face,
				illegible, too indefinite, does not identify the alleged violator, is unsigned,
				or is not verified by oath or affirmation of such person, taken before any
				officer authorized to administer oaths. In addition, no investigation shall be
				required if the complaint does not contain sufficient allegations to enable the
				commissioner to determine that it states a potential violation of a statute or
				rule within the commissioner's jurisdiction.
(5) A filed complaint and the summary of
				facts and statement of findings shall be public record.
5-7-111, MCA; IMP,
					 5-7-305,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.12 - COMMISSIONER OF POLITICAL PRACTICES - LOBBYIST DISCLOSURE › Subchapter 44.12.2 - Reporting of Lobbying Expenditures by Principals Right to Hearing › Rule 44.12.215 - AUDITS

Current through Register Vol. 13, July 5, 2024
(1) From time to time the commissioner may
				undertake audits of reports filed by principals and of the circumstances and
				documentation underlying them. Such audits may be conducted either pursuant to
				a complaint or on the agency's own initiative.
(2) Such audits shall be conducted during
				normal and reasonable business hours and under circumstances that will ensure
				minimal disruption of business affairs.
(3) The information or materials involved in
				such audits shall not be made public by the commissioner unless the audit
				results in formal administrative or legal action, and then only to the extent
				necessary to accomplish such action.
5-7-111, MCA; IMP,
					 5-7-305,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.12 - COMMISSIONER OF POLITICAL PRACTICES - LOBBYIST DISCLOSURE › Subchapter 44.12.2 - Reporting of Lobbying Expenditures by Principals Right to Hearing › Rule 44.12.217 - CIVIL PENALTIES FOR DELAY IN FILING-OPTION FOR HEARING

Current through Register Vol. 13, July 5, 2024
(1) A person who fails to file a report
				within the time required by Title 5, chapter 7, MCA, is subject to the civil
				penalties set forth in
				5-7-306, MCA.
(2) A person against whom a civil penalty is
				imposed may request a hearing to contest the penalty by filing a written
				request for a hearing with the commissioner within ten days after receiving
				notice of imposition of the penalty.
(3) Upon receipt of a timely request for a
				hearing the commissioner will schedule an informal contested case hearing and
				will issue a notice of hearing specifying the date, time, and place of the
				hearing.
(4) A person who has
				requested a hearing will be given the option of waiving an in-person hearing by
				filing a written waiver form that will be provided by the commissioner. A
				person who waives an in-person hearing will be given an opportunity to submit a
				written statement or argument to the commissioner, in lieu of appearing in
				person to present evidence or arguments.
(5) An in-person hearing will be conducted
				pursuant to the procedure specified in
				2-4-604, MCA.
(6) The commissioner will consider any facts
				or circumstances in mitigation of the penalty through the evidence, statements,
				or arguments presented at the hearing or submitted by a person who has waived a
				hearing, and will issue a written decision, which will be a final decision in a
				contested case.
(7) A person who is
				aggrieved by the commissioner's decision may seek judicial review pursuant to
				Title 2, chapter 4, part 7, MCA.
5-7-111, MCA; IMP,
					 5-7-306,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.14 - RECORDS AND INFORMATION MANAGEMENT › Subchapter 44.14.1 - Records Retention › Rule 44.14.101 - RECORDS RETAINED ON DIGITAL MEDIA (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 2-6-111,
					 2-6-203, MCA IMP:
					 2-6-111,
					 2-6-203,
					 2-6-206,
					 2-6-211,
					 2-6-213,
					 2-6-214,
					 2-6-302,
					 2-6-304,
					 2-15-1013,
					 MCA
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.14 - RECORDS AND INFORMATION MANAGEMENT › Subchapter 44.14.1 - Records Retention › Rule 44.14.102 - RECORDS WITH A RETENTION PERIOD OF MORE THAN TEN YEARS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-6-111 and
					 2-6-203, MCA; IMP, Sec.
					 2-6-111,
					 2-6-203,
					 2-6-206,
					 2-6-211,
					 2-6-213,
					 2-6-214,
					 2-6-302,
					 2-6-304 and
					 2-15-1013,
					 MCA;