BEFORE THE COMMISSIONER OF POLITICAL PRACTICES

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 44.12.204 pertaining to the payment threshold--inflation adjustment for lobbyists

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NOTICE OF PROPOSED AMENDMENT   NO PUBLIC HEARING CONTEMPLATED

 

TO: All Concerned Persons

 

1. On January 11, 2023, 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 January 3, 2023, to advise us of the nature of the accommodation that you need. Please contact Scott Cook, 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 rule as proposed to be amended provides as follows, stricken matter interlined, new matter underlined:

 

44.12.204  PAYMENT THRESHOLD--INFLATION ADJUSTMENT

(1)  Pursuant to the operation specified in 5-7-112, MCA, the adjusted payment threshold for calendar years 2021 and 2022 is $2,650 2023 and 2024 is $2,900.

 

AUTH: 5-7-111, MCA

IMP: 5-7-112, MCA

 

Reasonable Necessity: Section 5-7-112, MCA, requires the Commissioner of Political Practices, following the general election, to adjust the payment threshold amount for reporting of lobbying-related expenses based on application of an inflation factor specified in that statute.  There is reasonable necessity for the amendment of the rule because 5-7-112, MCA, requires the Commissioner of Political Practices to publish the revised threshold as a rule.

 

4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to Scott Cook, 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., January 9, 2023.

 

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., January 9, 2023.

 

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 34 persons based on the 342 lobbyists who registered to lobby in 2021-2022.

 

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 on the Commissioner of Political Practice’s website at politicalpractices.mt.gov or through the Secretary of State's website at http://sosmt.gov/ARM/Register.

 

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

 

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

 

 

/s/ Jaime MacNaughton                             /s/ Jeffrey Mangan              

Jaime MacNaughton                                  Jeffrey Mangan

Rule Reviewer                                            Commissioner                                 

                                                                       

           

Certified to the Secretary of State November 29, 2022.