_____________ bill NO. _____________

INTRODUCED BY _________________________________________________

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT REVISING LAWS RELATED TO THE DISPOSAL OF SURPLUS CAMPAIGN FUNDS; ALLOWING A CANDIDATE TO CONTRIBUTE THE FUNDS TO A CAMPAIGN OR THE CANDIDATE'S OWN FUTURE CAMPAIGN; ALLOWING THE CANDIDATE TO CONTRIBUTE THE FUNDS TO ANOTHER POLITICAL COMMITTEE; AMENDING SECTIONS 13-37-220 AND 13-37-240, MCA; and PROVIDING AN IMMEDIATE EFFECTIVE DATE."

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

Section 1. Section 13-37-220, MCA, is amended to read:

"13-37-220. Child-care expenses. (1) While a candidate is engaged in campaign activity, a candidate may use contributions deposited in the candidate's primary campaign depository as provided in 13-37-205 to pay the candidate's reasonable and necessary child-care expenses.

(2)        When a candidate expends funds from the candidate's primary campaign depository as provided in 13-37-205 to pay for the candidate's child-care expenses, each expenditure must be reported as provided in Title 13, chapter 37, part 2.

(3)        After the candidate's closing campaign report provided for in 13-37-228 is filed, the candidate may not expend surplus campaign funds for the candidate's child-care expenses as provided in 13-37-240(1).

(4)        In-kind child care provided to the candidate while the candidate is engaging in campaign activity by the candidate's family or an individual known to the candidate is not a contribution and is not reportable under this chapter. The commissioner shall broadly construe this provision."

Section 2. 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:

(a)        contribute the funds to another a campaign, including the candidate's own future campaign;, or use the funds for personal benefit or

(b)        contribute the funds to a political committee.

(2)        The candidate may not use the funds for personal benefit.

(3)        A successful candidate for a statewide elected or legislative office or for public service commissioner may establish a constituent services account as provided in 13-37-402. The candidate shall provide a supplement to the closing campaign report to the commissioner showing the disposition of any surplus campaign funds.

(2)(4)     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."

NEW SECTION. Section 3. Effective date. [This act] is effective on passage and approval.