House Bill No. 517

Introduced By _______________________________________________________________________________

A Bill for an Act entitled: "An Act Requiring a Corporation, a Labor or Professional Organization, or an Employer Who Withholds and Diverts a Portion of the Wages or Salary of a Shareholder, Employee, or Member Who Voluntarily Contributes Money For Political Purposes to Inform Each Shareholder, Employee, or Member that Contributions May be Contributed to a Particular Political Party or Political Committee; Requiring A Corporation, a Labor or Professional Organization, or an Employer to provide a Form for Each Shareholder, Employee, or Member to Earmark Contributions; and amending section 13-35-227, MCA."

Be it enacted by the Legislature of the State of Montana:

Section 1.  Section 13-35-227, MCA, is amended to read:

"13-35-227.   Prohibited contributions from corporations -- notification -- prescribed form for designation of contributions to separate segregated fund. (1) A corporation may not make a contribution or an expenditure in connection with a candidate or a political committee which that supports or opposes a candidate or a political party.

(2)  A person, candidate, or political committee may not accept or receive a corporate contribution described in subsection (1).

(3)  This section does not prohibit the establishment or administration of a separate, segregated fund to be used for making political contributions or expenditures if the fund consists only of voluntary contributions solicited from an individual who is a shareholder, an employee, or a member of the corporation.

(4) A corporation, a labor or professional organization, or an employer, prior to withholding and diverting a portion of wages or salary for a shareholder, employee, or member who voluntarily chooses to contribute the money pursuant to this section, shall provide the shareholder, employee, or member with a form prescribed by the corporation, the labor or professional organization, or the employer that:

(a) informs each shareholder, employee, and member of the right to earmark political contributions pursuant to rules adopted by the commissioner of political practices; and

(b) provides spaces for the shareholder, employee, or member to specify whether the contribution:

(i) may be diverted to any political party or political committee chosen by the corporation, the labor or professional organization, or the employer;

(ii) must be contributed to a recognized political party or political committee identified by the employee; or

(iii) must be contributed to a nonprofit organization.

(4)(5)  A person who violates this section is subject to the civil penalty provisions of 13-37-128."

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