HOUSE BILL NO. 468

INTRODUCED BY M. BRAINARD

A BILL FOR AN ACT ENTITLED: "AN ACT REQUIRING FINANCIAL DISCLOSURE REPORTS TO BE FILED WITH THE COMMISSIONER OF POLITICAL PRACTICES BY PERSONS WHO EMPLOY PAID SIGNATURE GATHERERS; PROVIDING CERTAIN POWERS AND DUTIES OF THE COMMISSIONER OF POLITICAL PRACTICES; PROVIDING PENALTIES; AND PROVIDING EFFECTIVE DATES."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

NEW SECTION. Section 1. Definitions. As used in [sections 2 and 3] and this section, unless otherwise indicated by the context, the following definitions apply:

(1) "Commissioner" means the commissioner of political practices provided for in 13-37-101.

(2) "Paid signature gatherer" means a signature gatherer who is compensated in money for the collection of signatures.

(3) "Person" has the meaning provided in 13-1-101, but does not include a candidate and includes a political committee.

(4) "Signature gatherer" means an individual who collects or intends to collect signatures on a petition for the purpose of an initiative, a referendum, or the calling of a constitutional convention.

NEW SECTION. Section 2. Required reports -- time and manner of reporting -- exceptions -- penalty. (1) Except as provided in this section, a person who employs a paid signature gatherer shall file with the commissioner reports containing those matters required by Title 13, chapter 37, part 2, for a political committee organized to support or oppose a ballot issue or for an independent committee that receives contributions and makes expenditures in connection with a ballot issue, as applicable. If a person who employs a paid signature gatherer is required by Title 13, chapter 37, part 2, to file a report pursuant to those provisions, the person need not file a duplicate report pursuant to this section, but shall report the matter required by subsection (2) as part of that report. As used in this section, "a person who employs a paid signature gatherer" means a political party, political committee, or other person seeking to place a ballot issue before the electors and does not mean an individual who is part of the same signature gathering company, partnership, or other business organization that directly hires, supervises, and pays an individual who is a signature gatherer.

(2) The reports required by subsection (1) must include the amount paid to a paid signature gatherer.

(3) Reports filed pursuant to this section must be filed at the same time, in the same manner, including the certification required by 13-37-231, and upon the same forms as required for reports filed pursuant to Title 13, chapter 37, part 2, except as the rules of the commissioner may otherwise provide.

(4) A person who violates subsection (1) is guilty of a misdemeanor and upon conviction shall be punished as provided by law.

NEW SECTION. Section 3. Powers and duties of commissioner. (1) The commissioner has the same powers and duties regarding the regulation of signature gatherers, as provided in [sections 2] and this section, as the commissioner has regarding the control of campaign practices as provided in Title 13, chapter 37, including the investigation of alleged violations of [section 2] and the issuance of orders of noncompliance for and prosecution of violations of [section 2].

(2) The commissioner may adopt rules to implement [section 2].

NEW SECTION. Section 4. Codification instruction. [Sections 1 through 3] are intended to be codified as an integral part of Title 13, chapter 27, part 1, and the provisions of Title 13, chapter 27, part 1, apply to [sections 1 through 3].

NEW SECTION. Section 5. Effective dates. (1) [Sections 3(2) and 4 and this section] are effective on passage and approval.

(2) [Sections 1, 2, and 3(1)] are effective October 1, 1999.

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