BEFORE THE COMMISSIONER OF POLITICAL PRACTICES

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 44.10.331 pertaining to limitations on receipts from political committees to legislative candidates

) ) ) ) )

NOTICE OF PROPOSED AMENDMENT   NO PUBLIC HEARING CONTEMPLATED

 

TO:  All Concerned Persons

 

1.  On October 24, 2009 the Commissioner of Political Practices proposes to amend the above-stated rule.

 

2.  The Commissioner of Political Practices 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 Commissioner of Political Practices no later than 5:00 p.m. on September 28, 2009, to advise us of the nature of the accommodation that you need.  Please contact Dennis Unsworth, Commissioner of Political Practices, P.O. Box 202401, 1205 Eighth Avenue, Helena, Montana, 59620; telephone (406) 444-2942; fax (406) 444-1643; or e-mail [email protected].

 

3.  The rule as proposed to be amended provides as follows; new matter underlined; deleted matter interlined:

 

            44.10.331  LIMITATIONS ON RECEIPTS FROM POLITICAL COMMITTEES

      (1)  Pursuant to the operation specified in 13-37-218, MCA, limits on total combined contributions from political committees other than political party committees to legislative candidates are as follows:

      (a)  a candidate for the state house of representatives may receive no more than $1500 $1550;

      (b)  a candidate for the state senate may receive no more than $2450 $2500.

      (2)  These limits apply to total combined receipts for the entire election cycle of 2008 2010.

            (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, 15-30-101(8), MCA

 

Reasonable Necessity: Section 13-37-218, MCA, requires the Commissioner of Political Practices to periodically adjust the limitations established as a rule. The Bureau of Labor Statistics supplied the following Consumer Price Index information: June 2003 CPI = 183.7; June 2008 CPI = 215.693. The commissioner must adjust the limitations by multiplying each limit by an inflation factor, which is determined by dividing the Consumer Price Index for June of the year prior to the year in which a general election is held by the Consumer Price Index for June 2003. The inflation for the 2010 election is 1.174. The information is used to determine the inflation factor to be applied to the aggregate contribution limits for House and Senate candidates. This information is required by 13-37-218, MCA and appears in ARM 44.10.331. It must be revised after June of every odd numbered year.

 

4.  Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to: Dennis Unsworth, Commissioner of Political Practices, P.O. Box 202401, 1205 Eighth Avenue, Helena, Montana, 59620; telephone (406) 444-2942; fax (406) 444-1643; or e-mail [email protected], and must be received no later than 5:00 p.m., October 22, 2009.

 

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 Dennis Unsworth at the above address no later than 5:00 p.m., October 22, 2009.

 

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 85 persons based on candidate counts from the 2008 election cycle.

 

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.  An electronic copy of this Proposal Notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register. The Secretary of State strives to make the electronic copy of this Notice conform to the official version of the Notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the Notice and the electronic version of the Notice, only the official printed text will be considered. In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.

 

9.  The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

 

/s/  Jim Scheier                                             /s/  Dennis Unsworth                        

Jim Scheier                                                   Dennis Unsworth

Rule Reviewer                                               Commissioner

                                                                        Political Practices

           

Certified to the Secretary of State September 14, 2009.