Administrative Rules of the State of Montana

BEFORE THE OFFICE OF THE COMMISSIONER OF POLITICAL PRACTICES

OF THE STATE OF MONTANA

In the matter of the amendment of ARM 44.11.226 and 44.11.227, pertaining to contribution limits

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NOTICE OF PROPOSED

AMENDMENT

NO PUBLIC HEARING CONTEMPLATED

TO: All Concerned Persons

1. The Office of the Commissioner of Political Practices proposes to amend the above-stated rules.

2. The Office of the Commissioner of Political Practices (COPP) will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the Office of the Commissioner of Political Practices no later than 5:00 p.m. on August 26, 2019, to advise us of the nature of the accommodation that you need. Please contact Scott Cook, Office of the Commissioner of Political Practices, P.O. Box 202401, Helena, Montana, 59620-2401; telephone (406) 444-2942; fax (406) 444-1643; or e-mail Scook3@mt.gov.

3. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:

44.11.226 LIMITS ON RECEIPTS FROM POLITICAL COMMITTEES

(1) Based on the calculation specified in 13-37-218, MCA, limits on total combined contributions from political committees other than political party committees to candidates for the state legislature are as follows:

(a) a candidate for the state house of representatives may receive no more than ~~$1,750~~ $1,850;

(b) a candidate for the state senate may receive no more than $~~2,850~~ $3,050.

(2) These limits apply to total combined receipts for the entire election cycle of ~~2018~~ 2020.

(3) Pursuant to 13-37-218, MCA, in-kind contributions must be included in computing these limitation totals.

AUTH: 13-37-114, 13-37-218, MCA

IMP: 13-37-218, MCA

REASON: The COPP is amending this rule to reflect the inflation factor change in aggregate contribution limits for candidates from political committees for the 2020 election cycle.

44.11.227 LIMITATIONS ON INDIVIDUAL AND POLITICAL PARTY CONTRIBUTIONS TO A CANDIDATE (1) Pursuant to the calculation specified in 13-37-216, MCA, limits on total combined contributions by a political committee, other than a political party committee, or by an individual to candidates are as follows:

(a) candidates filed jointly for governor and lieutenant governor may receive no more than ~~$680~~ $710;

(b) a candidate for other statewide office may receive no more than ~~$340~~ $360;

(2) Pursuant to the operation specified in 13-37-216, MCA, limits on total combined contributions from political party committees to candidates are as follows:

(a) candidates filed jointly for governor and lieutenant governor may receive no more than ~~$24,500~~ $25,600;

(b) a candidate for other statewide offices may receive no more than ~~$8,850~~ $9,250;

(d) a candidate for senate may receive no more than ~~$1,450~~ $1,500;

(e) a candidate for all other public offices may receive no more than $900.

(3) and (4) remain the same.

AUTH: 13-37-114, MCA

IMP: 13-37-216, 13-37-218, MCA

REASON: The COPP is amending this rule to reflect the inflation factor change in aggregate contribution limits to candidates from individuals or political parties for the 2020 election cycle.

4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to: Scott Cook, Office of the Commissioner of Political Practices, 1209 Eighth Avenue, P.O. Box 202401, Helena, Montana, 59620-2401; telephone (406) 444-2942; fax (406) 444-1643; or e-mail Scook3@mt.gov, and must be received no later than 5:00 p.m., September 6, 2019.

5. If persons who are directly affected by the proposed amendment wish to express their data, views, or arguments orally or in writing at a public hearing, they must make a written request for a hearing and submit this request along with any written comments to Scott Cook at the above address no later than 5:00 p.m., September 6, 2019.

6. If the agency receives requests for a public hearing on the proposed actions from either 10 percent or 25, whichever is less, of the persons directly affected by the proposed actions; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register. Ten percent of those directly affected has been determined to be 153 persons based on the number of candidates in the 2018 and 2019 election cycles (1,538).

7. The COPP maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in 4 above or may be made by completing a request form at any rules hearing held by the COPP.

8. For ARM 44.11.226 and 44.11.227, the bill sponsor contact requirements of 2-4-302, MCA, do not apply.

9. With regard to the requirements of 2-4-111, MCA, the COPP has determined that the amendment of the above-referenced rules will not significantly and directly impact small businesses.

/s/ Jaime MacNaughton /s/ Jeffrey Mangan

Jaime MacNaughton Jeffrey Mangan

Rule Reviewer Commissioner of Political Practices

Office of the Commissioner of Political Practices

Certified to the Secretary of State July 26, 2019.