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Montana Regulations § 44.12.207 PRINCIPALS-REPORTING OF OFFICE AND MISCELLANEOUS EXPENSES

⤴ Up to Subchapter 44.12.2: Reporting Of Lobbying Expenditures By Principals Right To Hearing

Regulation Text

(1) Principals shall report payments to influence official action, including payments to a lobbyist or an individual to lobby or to support or assist a lobbying activity, for each expense category in 5-8-208(5) (a), MCA.
(2) If a principal provides at the principal's expense office space, utilities, supplies, and equipment to a lobbyist or an individual to lobby or to support or assist a lobbying activity, the principal shall report the cost of providing such office space, utilities, supplies, and equipment as follows:
(a) If the actual cost of providing office space, utilities, supplies, and equipment can be determined and the actual cost is less than $5,000 for a reporting period, then actual cost may be reported. In the alternative, a principal may report that office space, utilities, supplies, and equipment were provided to a lobbyist or an individual engaged in lobbying activities during the reporting period and the cost of providing such office space, utilities, supplies, and equipment was:
(i) $1,000 or less for the reporting period; or
(ii) more than $1,000 but less than $5,000 for the reporting period.
(b) If the cost of providing office space, utilities, supplies, and equipment to a lobbyist or an individual engaged in lobbying activities during a reporting period is $5,000 or more, then the actual cost must be determined and provided.
(c) If the cost of providing office space, utilities, supplies, and equipment to a lobbyist or an individual engaged in lobbying activities is reported as provided in (2) (a) (i) or (ii), the principal must make a good faith determination of such expenses and retain all calculations and records relied on as provided in ARM 44.12.202 . If the actual cost of providing office space, utilities, supplies, and equipment can be determined but is not reported as provided in (2) (a) (i) and (ii), the actual cost determination must be retained as a record under ARM 44.12.202.
(3) Nothing in this rule requires a principal to report the cost of office space, utilities, supplies, and equipment for a lobbyist or an individual engaged in lobbying activities if the lobbyist or the individual engaged in lobbying activities is responsible for paying the cost of the office space, supplies, equipment, and utilities out of the amount paid to the lobbyist or individual engaged in lobbying activities. If, however, the lobbyist or the individual engaged in lobbying activities is reimbursed by the principal for any office space, supplies, support personnel, equipment, or utility costs incurred as part of a lobbying activity, the amount of such reimbursement must be reported.

History

NEW, 1982 MAR p. 1208, Eff. 6/18/82; AMD, 2002 MAR p. 2458, Eff. 9/13/02; AMD, 2004 MAR p. 1979, Eff. 8/20/04.

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