Administrative Rules of the State of Montana

BEFORE THE COMMISSIONER OF POLITICAL PRACTICES

OF THE STATE OF MONTANA

In the matter of the amendment of ARM 44.11.403, 44.11.501, 44.11.608, and 44.11.702 pertaining to child-care expenses and campaigns

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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 (COPP) proposes to amend the above-stated rules.

2. The 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 no later than 5:00 p.m. on March 4, 2022, 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, 1209 Eighth Avenue, Helena, Montana, 59620-2401; telephone (406) 444-2942; fax (406) 444-1643; or e-mail [email protected].

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

44.11.403 IN-KIND CONTRIBUTION, REPORTING AND VALUATION

(1) through (5) remain the same.

(6) Unpaid childcare provided to a candidate by a member of a candidate's family or an individual known to the candidate does not constitute a contribution, and need not be reported by the candidate.

AUTH: 13-37-114, MCA

IMP: 13-37-208, 13-37-209, 13-37-211, 13-37-220, 13-37-229, MCA

REASON: The COPP is amending this rule to reflect House Bill 221, enacted by the 2021 Montana Legislature.

44.11.501 EXPENDITURE – DEFINITION (1) For the purposes of Title 13, chapters 35 and 37, MCA, and these rules, the term "expenditure" as defined in 13-1-101, MCA, includes:

(a) through (f) remain the same.

(g) expenses incurred by a candidate while engaged in campaign activity for reasonable and necessary child-care expenses;

(g) and (h) remain the same but are renumbered (h) and (i).

(2) through (5) remain the same.

AUTH: 13-37-114, MCA

IMP: 13-1-101, 13-37-220, 13-37-229, 13-37-232, MCA

REASON: The COPP is amending this rule to reflect House Bill 221, enacted by the 2021 Montana Legislature.

44.11.608 PERSONAL USE OF CAMPAIGN FUNDS (1) through (3) remain the same.

(4) The prohibition of this rule is not applicable to:

(a) remains the same.

(b) expenses incurred by a candidate while engaged in campaign activity for reasonable and necessary child-care expenses;

(b) and (c) remain the same but are renumbered (c) and (d).

(5) and (6) remain the same.

AUTH: 13-37-114, MCA

IMP: 13-1-101, 13-37-220, 13-37-229, 13-37-232, MCA

REASON: The COPP is amending this rule to reflect House Bill 221, enacted by the 2021 Montana Legislature.

44.11.702 DISPOSAL OF SURPLUS CAMPAIGN FUNDS AND PROPERTY

(1) through (5) remain the same.

(6) A candidate or eligible elected official shall abide by the prohibitions on the use of surplus campaign funds specified in 13-37-240, and 13-37-402, MCA, ARM 44.11.703, the provisions of this rule, and the rules in this chapter.

(a) and (b) remain the same.

(7) and (8) remain the same.

AUTH: 13-37-114, MCA

IMP: 13-37-220, 13-37-240, 13-37-402, MCA

REASON: The COPP is amending this rule to reflect House Bill 221, enacted by the 2021 Montana Legislature.

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, P.O. Box 202401, 1209 Eighth Avenue, Helena, Montana, 59620-2401; telephone (406) 444-2942; fax (406) 444-1643; or e-mail [email protected], and must be received no later than 5:00 p.m., March 11, 2022.

5. If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make 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., March 11, 2022.

6. If the agency receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons directly affected by the proposed action; 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 137 persons based on the 1,369 candidates in the 2020 and 2021 election cycles.

7. The commissioner 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 department.

8. For ARM 44.11.403, 44.11.501, 44.11.608, and 44.11.702, the bill sponsor contact requirements of 2-4-302, MCA, apply. Representative Buckley was contacted by telephone and email on January 25, 2022. On January 26, 2022, Representative Buckley responded that she had no comments on the amendments as proposed.

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

Office of the Commissioner of Political Practices

Certified to the Secretary of State February 1, 2022.