Montana State Legislature
Legislative poll on 16 rules included in MAR Notice No. 44-2-207
State Administration and Veterans' Affairs
Results Official For Legislative Poll On Campaign Finance Rules
After 23 legislators objected to 16 administrative rules proposed by the commissioner of political practices, the State Administration and Veterans’ Affairs Interim Committee was required by law to conduct a poll of the full Legislature. Presiding officer Sen. Dee Brown (R-Hungry Horse) and Vice Presiding Officer Rep. Bryce Bennett (D-Missoula) certified the poll’s results on Dec. 23, 2015. The total votes by members of each house are provided in the accompanying table.
The poll asked legislators to vote on each of the 16 rules by identifying whether they considered the rule to be consistent with legislative intent or contrary to legislative intent. The text of each rule is available in the links below. Four senators and 15 representatives did not return a ballot.
|
Rule No. |
Senators
|
Representatives |
||
|
Consistent with Intent |
Contrary to Intent |
Consistent with Intent |
Contrary to Intent |
|
|
New Rule I |
26 |
20 |
52 |
33 |
|
New Rule IV |
27 |
19 |
50 |
35 |
|
New Rule V |
26 |
20 |
50 |
35 |
|
New Rule VI |
31 |
15 |
52 |
33 |
|
New Rule VII |
26 |
20 |
49 |
36 |
|
New Rule VIII |
26 |
20 |
49 |
36 |
|
New Rule X |
26 |
20 |
50 |
35 |
|
New Rule XI |
27 |
19 |
51 |
34 |
|
New Rule XII |
26 |
20 |
50 |
35 |
|
Amended 44.10.201 |
34 |
12 |
65 |
19 |
|
Amended 44.10.301 |
26 |
20 |
50 |
35 |
|
Amended 44.10.307 |
27 |
19 |
50 |
35 |
|
Amended 44.10.321 |
26 |
19 |
49 |
36 |
|
Amended 44.10.323 |
26 |
20 |
49 |
36 |
|
Amended 44.10.327 |
26 |
20 |
49 |
36 |
|
Amended 44.10.329 |
26 |
20 |
49 |
36 |
The proposal notice for the COPP rules (which included more than the 16 rules on which the poll was conducted) was published in the Montana Administrative Register (MAR) on Aug. 13, 2015. After public comment and revisions, the rules were adopted on Nov. 24 when the COPP sent the final text of the rules to the secretary of state. The rules will become effective when the final rules are published in the MAR. The secretary of state is expected to publish the rules, along with the poll results on the 16 rules included in the poll, in the Jan. 8 issue of the MAR.
On February 10, the Committee reviewed the results of the poll and adopted a committee letter reflecting individual votes on each question by each legislative member.
How the poll was conducted on 16 rules included in MAR Notice No. 44-2-207
The State Administration and Veterans' Affairs Interim Committee was required by law to conduct a poll regarding whether 16 rules from Montana Administrative Register (MAR) Notice No. 44-2-207 are consistent with or contrary to legislative intent. The following documents explain the statutory requirement for conducting the poll and provide supplemental information.
The poll documents were mailed to each legislator on Dec. 1. Completed ballots had to be received by the Legislative Services Division (LSD) no later than Dec. 21. Legislators were instructed to return the ballot to LSD in person, by regular mail, by e-mail to the e-mail address provided on the ballot, or by fax to (406) 444-3036.
The ballot consisted of two pages; each page had to be signed, and any corrections had to be initialed next to the correction.
-
Electronic versions of poll documents mailed with the ballot
The following information was also provided on this web page as additional reference material.
- Additional Information
- All rules: 8/13/2015 MAR Notice No. 42-2-207 (full text)
- All rules: 11/24/2015 Adoption Notice - the rules as currently adopted with the changes made after the 8/13/15 initial proposal notice
- 16 rules only: Rule-by-Rule collation of comments and changes as of 11/23/15 - legislative staff's unofficial rule-by-rule mark-up with public comment and highlights of the COPP changes on each rule made after the original August publication of the rules
- Legislator Objection Letters
- State Administration and Veterans' Affairs Interim Committee Meeting Materials
- Aug. 19 Meeting
- Nov. 17 Meeting
- Minutes Log will be posted when finalized
- Video of COPP update
- 5 COPP documents provided to SAVA with updates can be found on the 11/17/2015 meeting page . These documents are superseded by the changes in the 11/24/2015 adoption notice linked under Additional Materials above.
- Senate Bill No. 289
*Note: SB 289 is the main bill being implemented by the rules.- Senate State Administration Meeting Materials
- Senate Floor - Second Reading Debate - 2/26/2015 video
- House Business & Labor Meeting Materials
- 3/17/2015
- Minutes with embedded attachments
- Video of hearing
- Note: There is no executive action on this bill because it was taken from the House Business & Labor Committee and placed on Second Reading by the Committee of the Whole
- 3/17/2015
- House Floor - Second Reading Debate - 3/26/2015 video
- Senate Floor - Second Reading Debate on House amendments - 4/14/2015 video
- LAWS - Bill Status Report and Committee of the Whole votes
**Note: Although both SB 89 and SB 151 were also being implemented under the adoption notice, the changes from these two bills do not appear to be implemented by the any of the 16 rules subject to the poll. Nevertheless, because SB 151 did amend 13-37-225, MCA, which was implemented by some of the rules at issue, the history of SB 151 is provided below. SB 151 provided that contribution and expenditure reports need only be filed with the Commissioner of Political Practices rather than with the Commissioner andelection administrators. - Senate Bill 151
- Senate State Administration Meeting Materials
- Senate Floor - Second Reading Debate - 2/6/2015 video
- House State Administration Meeting Materials
- 3/12/2015
- Minutes with embedded attachments
- Audio of hearing and executive action
- 3/12/2015
- House Floor - Second Reading debate - 3/17/2015 video
- LAWS - Bill Status Report and Committee of the Whole Votes
