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 December 26, 2008, 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 December 17, 2008, 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, 59620-2401; telephone (406) 444-2942; fax (406) 444-1643; or e-mail dunsworth@mt.gov.

 

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 2007 2009 and 2008 2010 is $2,300 2,400.

 

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 section 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 Dennis Unsworth, Commissioner of Political Practices, P.O. Box 202401, 1205 Eighth Avenue, Helena, Montana, 59620-2401; telephone (406) 444-2942; fax (406) 444-1643; or e-mail dunsworth@mt.gov, and must be received no later than 5:00 p.m., December 24, 2008.

 

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., December 24, 2008.

 

6.  If the agency receives requests for a public hearing on the proposed action from either 10% 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 50 persons based on the 500 lobbyists who registered to lobby in 2007-2008.

 

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 notice requirements of 2-4-302, MCA, do not apply.

 

 

 

/s/  Jim Scheier                                             /s/  Dennis Unsworth            

Jim Scheier                                                   Dennis Unsworth

Rule Reviewer                                               Commissioner                                  

Assistant Attorney General             

           

Certified to the Secretary of State November 17, 2008.