HOUSE BILL NO. 462
INTRODUCED BY SANDS, WILLIAMS, STOKER, WILSON, ERICKSON, LANGE, PARKER, HAWKS, DICKENSON, LASLOVICH
AN ACT PROVIDING FOR THE ESTABLISHMENT OF CONSTITUENT SERVICES ACCOUNTS; PROVIDING FOR THE FUNDING AND USE OF MONEY IN A CONSTITUENT SERVICES ACCOUNT; PROVIDING REPORTING REQUIREMENTS FOR CONSTITUENT SERVICES ACCOUNTS; AMENDING SECTION 13-37-240, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Definitions. As used in [sections 1 and 2], the following definitions apply:
(1) "Constituent services" means travel, mailing, and other expenses incurred to represent and serve constituents and authorized in rules adopted by the commissioner to implement the provisions of [sections 1 and 2].
(2) "Personal benefit" has the meaning provided in 13-37-240.
Section 2. Constituent accounts -- reports. (1) A constituent services account may be established by a person elected to a statewide or legislative office or as a public service commissioner to pay for constituent services. A constituent services account may be established by filing an appropriate form with the commissioner.
(2) (a) A successful candidate for the legislature, a statewide elected office, or the public service commission may deposit only surplus campaign funds in a constituent services account.
(b) The money in the account may be used only for constituent services. The money in the account may not be used for personal benefit. Expenditures from a constituent services account may not be made when the holder of the constituent services account also has an open campaign account.
(3) A statewide elected official, legislator, or public service commissioner may not establish any account related to the public official's office other than a constituent services account. This subsection does not prohibit a statewide elected official, legislator, or public service commissioner from establishing a campaign account.
(4) The holder of a constituent services account shall file a quarterly report with the commissioner, by a date established by the commissioner by rule. The report must disclose the source of all money deposited in the account and enumerate expenditures from the account. The report must include the same information as required for a candidate reporting contributions under 13-37-229 and expenditures under 13-37-230. The report must be certified as provided in 13-37-231.
(5) The holder of a constituent services account shall close the account within 120 days after the account holder leaves public office.
Section 3. Section 13-37-240, MCA, is amended to read:
"13-37-240. Surplus campaign funds. (1) A candidate shall dispose of any surplus funds from the candidate's campaign within 120 days after the time of filing the closing campaign report pursuant to 13-37-228. In disposing of the surplus funds, a candidate may not contribute the funds to another campaign, including the candidate's own future campaign, or use the funds for personal benefit. A successful candidate for a statewide elected or legislative office or for public service commissioner may establish a constituent services account as provided in [section 2]. The candidate shall provide a supplement to the closing campaign report to the commissioner showing the disposition of any surplus campaign funds.
(2) For purposes of this section, "personal benefit" means a use that will provide a direct or indirect benefit of any kind to the candidate or any member of the candidate's immediate family."
Section 4. Codification instruction. [Sections 1 and 2] are intended to be codified as an integral part of Title 13, chapter 37, and the provisions of Title 13, chapter 37, apply to [sections 1 and 2].
Section 5. Effective date. [This act] is effective on passage and approval.
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