Montana Administrative Code

44.12.101 LOBBYING--EXEMPTIONS (REPEALED) Authorizing statute(s): Sec. 5-7-111, MCA Implementing statute(s): Sec. 5-7-102, MCA History: NEW, 1982 MAR p. 1208, Eff. 6/18/82; REP, 2002 MAR p. 2458, Eff. 9/13/02.

44.12.101A PREAMBLE AND STATEMENT OF APPLICABILITY The 2002 rule revisions were the first substantive revision of the Montana Lobbyist Disclosure Act rules in 20 years. The 2002 revisions address inconsistencies and conflicts between the Act and previous rules, most of which were…

44.12.102 LOBBYING--DEFINITIONS AND SCOPE--REPORTABLE ACTIVITIES For purposes of Title 5, chapter 7, MCA, and this chapter: "Compensation" includes: all direct or indirect payments of salaries, fees, wages, and benefits by a principal to a lobbyist or an individual engaged in lob…

44.12.103 LOBBYISTS AND LOBBYING SUPPORT PERSONNEL--REPORTING OF INFORMATION TO PRINCIPAL It is the duty of each individual lobbyist or individual whose activities are covered by Title 5, chapter 7, MCA, to maintain records relating to information required to be reported and exem…

44.12.104 PERSONAL LIVING EXPENSES--LIMITATIONS AND RECORDS The exemption from reporting personal living expenses in 5-7-102 (13) (b) (i) , MCA, is limited to actual and necessary personal living expenses incurred by a lobbyist or an individual engaged in lobbying activities. All…

44.12.105 STATE GOVERNMENT AGENCIES--LOBBYING--DEFINITIONS AND REPORTING Agencies of state government as defined in 2-15-102 (2), MCA, and the offices of elected and appointed public officials designated in ARM 44.12.106 and 44.12.106A that engage in lobbying are principals subje…

44.12.106 ELECTED PUBLIC OFFICIALS To provide guidance and certainty in identifying who is a public official as defined in 5-7-102 (16) , MCA, and an elected state official as defined in 5-7-102 (7) , MCA, the following are deemed to be an elected public official acting in his/he…

44.12.106A APPOINTED PUBLIC OFFICIALS To provide guidance and certainty in identifying who is a public official as defined in 5-7-102(16), MCA, and an appointed state official as defined in 5-7-102(1), MCA, the following are deemed to be an appointed public official acting in his…

44.12.107 LOCAL GOVERNMENT LOBBYING--DEFINITIONS AND REPORTING A local government entity, which includes but is not limited to a county, a consolidated government, an incorporated city or town, a school district, or a special district, that engages in lobbying is a principal subj…

44.12.108 LOBBYING BY FEDERAL AGENCIES AND TRIBAL REPRESENTATIVES Federal government agencies and Indian tribes that engage in lobbying are principals, and are subject to the same lobbying reporting requirements and entitled to the same or equivalent exemptions from reporting as …

44.12.109 PERSONAL FINANCIAL DISCLOSURE BY ELECTED OFFICIALS (TRANSFERRED to 44.10.621) Authorizing statute(s): Sec. 5-7-111, MCA Implementing statute(s): Sec. 5-7-102(12), MCA History: NEW, 1982 MAR p. 1208, Eff. 6/18/82; AMD, 1986 MAR p. 128, Eff. 1/31/86; TRANS & AMD, 1996 MAR…

44.12.201 REPORTING OF CONTRIBUTIONS AND MEMBERSHIP FEES As used in 5-7-208.htm" target="MCA" style="text-decoration:none">5-7-208 (5) (c) , MCA, a contribution or membership fee is considered to be paid for the purpose of lobbying and therefore reportable by a principal if it is…

44.12.202 PRINCIPALS--REPORTS--MAINTENANCE OF RECORDS Pursuant to 5-7-208.htm" target="MCA" style="text-decoration:none">5-7-208 , MCA, a principal who makes payments that exceed the amount specified in 5-7-112.htm" target="MCA" style="text-decoration:none">5-7-112 , MCA, to one …

44.12.203 PRINCIPALS--REPORTING OF COMPENSATION PAID TO LOBBYISTS Pursuant to 5-7-208.htm" target="MCA" style="text-decoration:none">5-7-208 (5) (a) , MCA, reports filed by principals shall disclose compensation paid to lobbyists in the following manner: If the compensation paid …

44.12.204 PAYMENT THRESHOLD--INFLATION ADJUSTMENT Pursuant to the operation specified in 5-7-112, MCA, the adjusted payment threshold for calendar years 2025 and 2026 is $3,000. Authorizing statute(s): 5-7-111, MCA Implementing statute(s): 5-7-112, MCA History: NEW, 2005 MAR p. 3…

44.12.205 PRINCIPALS--REPORTING OF REIMBURSED EXPENSES OF LOBBYISTS If a principal reimburses a lobbyist or an individual for actual expenses incurred for lobbying or to support or assist a lobbying activity (excluding personal and necessary living expenses) , the actual reimburs…

44.12.207 PRINCIPALS--REPORTING OF OFFICE AND MISCELLANEOUS EXPENSES 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.htm" ta…

44.12.209 PRINCIPALS--REPORTING OF COSTS OF ENTERTAINMENT AND SOCIAL EVENTS A principal shall report the cost of entertainment and social events, including but not limited to meals, parties, cocktail parties, shows, movies, buffets, receptions, sporting events, membership fees fo…

44.12.211 ALLOCATION OF TIME AND COSTS--ALTERNATIVE REPORTING METHOD A principal may use the following alternatives to report payments made to a lobbyist or an individual to lobby or to support or assist a lobbying activity: if most or all of the time spent by a lobbyist or an in…

44.12.212 LICENSES--FEES--WAIVER--HEARING A lobbyist employed by one or more principals must complete and file with the commissioner a lobbyist license application (form L-1) within five business days after receiving payment or payments from one or more principals equaling or exc…

44.12.213 COMPLAINTS--PROCEDURE An individual who believes that a violation of Title 5, chapter 7, MCA, or the rules implementing Title 5, chapter 7, MCA, has occurred may file a written complaint in person or by certified mail with the commissioner. When a complaint is received,…

44.12.215 AUDITS From time to time the commissioner may undertake audits of reports filed by principals and of the circumstances and documentation underlying them. Such audits may be conducted either pursuant to a complaint or on the agency's own initiative. Such audits shall be …

44.12.217 CIVIL PENALTIES FOR DELAY IN FILING--OPTION FOR HEARING A person who fails to file a report within the time required by Title 5, chapter 7, MCA, is subject to the civil penalties set forth in 5-7-306.htm" target="MCA" style="text-decoration:none">5-7-306 , MCA. A person…

44.14.101 RECORDS RETAINED ON DIGITAL MEDIA (REPEALED) Authorizing statute(s): 2-6-111, 2-6-203, MCA Implementing statute(s): 2-6-111, 2-6-203, 2-6-206, 2-6-211, 2-6-213, 2-6-214, 2-6-302, 2-6-304, 2-15-1013, MCA History: NEW, 1991 MAR p. 2265, Eff. 11/28/91; AMD, 2000 MAR p. 151…

44.14.102 RECORDS WITH A RETENTION PERIOD OF MORE THAN TEN YEARS (REPEALED) Authorizing statute(s): Sec. 2-6-111 and 2-6-203, MCA Implementing statute(s): Sec. 2-6-111, 2-6-203, 2-6-206, 2-6-211, 2-6-213, 2-6-214, 2-6-302, 2-6-304 and 2-15-1013, MCA History: NEW, 1991 MAR p. 2265…

44.14.106 DELEGATION AUTHORITY FOR DISPOSAL OF PUBLIC RECORDS (REPEALED) (REPEALED) Authorizing statute(s): 2-6-1101, MCA Implementing statute(s): 2-6-1101, 2-6-1103, MCA History: NEW, 2013 MAR p. 337, Eff. 3/15/13; AMD, 2022 MAR p. 1772, Eff. 9/10/22; REP, 2025 MAR, 44-2-278, Ef…

44.14.107 EXECUTIVE BRANCH AGENCY AUTHORITY FOR DISPOSAL OF PUBLIC RECORDS Executive branch agencies must submit information regarding their records management program every five years on a form prescribed by the Secretary of State and State Records Committee to ensure the proper…

44.14.201 USE OF ELECTRONIC RECORDS STORAGE SYSTEMS FOR LOCAL GOVERNMENT DOCUMENTS Electronic records storage systems may be used for the daily management, storage and retrieval of documents with a retention schedule of 10 years or more (long-term documents) or records with a ret…

44.14.202 STORAGE REQUIREMENT FOR ELECTRONICALLY STORED DOCUMENTS WITH GREATER THAN TEN YEAR RECORD RETENTION (LONG-TERM RECORDS) The Local Government Records Committee adopts and incorporates by reference the Association of Records Managers & Administrators (ARMA) International'…

44.14.203 STORAGE REQUIREMENT FOR ELECTRONICALLY STORED DOCUMENTS WITH LESS THAN TEN YEAR RECORD RETENTION SCHEDULE Original short- or medium-term documents that are electronically stored may be destroyed or otherwise disposed of without maintaining a copy in another medium. Auth…

44.14.301 FEES FOR 16MM MICROFILM SERVICES (REPEALED) Authorizing statute(s): 2-15-405, MCA Implementing statute(s): 2-6-1101, 2-6-1114, MCA History: NEW, 2001 MAR p. 1186, Eff. 7/6/01; AMD, 2007 MAR p. 1685, Eff. 11/1/07; AMD, 2015 MAR p. 2043, Eff. 11/13/15; AMD, 2017 MAR p. 80…

44.14.302 FEES FOR 35MM MICROFILM SERVICES (REPEALED) Authorizing statute(s): 2-15-405, MCA Implementing statute(s): 2-6-1101, 2-6-1114, MCA History: NEW, 2001 MAR p. 1186, Eff. 7/6/01; AMD, 2007 MAR p. 1685, Eff. 11/1/07; AMD, 2015 MAR p. 2043, Eff. 11/13/15; REP, 2021 MAR p. 87…

44.14.303 FEES FOR 105MM MICROFILM SERVICES (REPEALED) Authorizing statute(s): 2-6-103, MCA Implementing statute(s): 2-6-110, MCA History: NEW, 2001 MAR p. 1186, Eff. 7/6/01; REP, 2007 MAR p. 1685, Eff. 11/1/07.

44.14.304 FEES FOR FILM PROCESSING (REPEALED) Authorizing statute(s): 2-15-405, MCA Implementing statute(s): 2-6-1101, 2-6-1114, MCA History: NEW, 2001 MAR p. 1186, Eff. 7/6/01; AMD, 2007 MAR p. 1685, Eff. 11/1/07; AMD, 2013 MAR p. 1631, Eff. 9/6/13; AMD, 2015 MAR p. 2043, Eff. 1…

44.14.305 FEES FOR FILM INSPECTING (REPEALED) Authorizing statute(s): 2-15-405, MCA Implementing statute(s): 2-6-1101, 2-6-1114, MCA History: NEW, 2001 MAR p. 1186, Eff. 7/6/01; AMD, 2007 MAR p. 1685, Eff. 11/1/07; AMD, 2013 MAR p. 1631, Eff. 9/6/13; AMD, 2015 MAR p. 2043, Eff. 1…

44.14.306 FEES FOR FILM DUPLICATION (REPEALED) Authorizing statute(s): 2-15-405, MCA Implementing statute(s): 2-6-1101, 2-6-1114, MCA History: NEW, 2001 MAR p. 1186, Eff. 7/6/01; AMD, 2007 MAR p. 1685, Eff. 11/1/07; AMD, 2013 MAR p. 1631, Eff. 9/6/13; AMD, 2015 MAR p. 2043, Eff. …

44.14.307 FEES FOR JACKET LOADING/TITLING (REPEALED) Authorizing statute(s): 2-15-405, MCA Implementing statute(s): 2-6-1101, 2-6-1114, MCA History: NEW, 2001 MAR p. 1186, Eff. 7/6/01; AMD, 2007 MAR p. 1685, Eff. 11/1/07; AMD, 2013 MAR p. 1631, Eff. 9/6/13; AMD, 2015 MAR p. 2043,…

44.14.308 MISCELLANEOUS FEES (REPEALED) Authorizing statute(s): 2-15-405, MCA Implementing statute(s): 2-6-1114, MCA History: NEW, 2001 MAR p. 1186, Eff. 7/6/01; AMD, 2007 MAR p. 1685, Eff. 11/1/07; AMD, 2015 MAR p. 2043, Eff. 11/13/15; REP, 2022 MAR p. 1772, Eff. 9/10/22.

44.14.309 MISCELLANEOUS SUPPLIES (REPEALED) Authorizing statute(s): 2-15-405, MCA Implementing statute(s): 2-6-1101, 2-6-1114, MCA History: NEW, 2001 MAR p. 2161, Eff. 7/6/01; AMD, 2007 MAR p. 1685, Eff. 11/1/07; AMD, 2013 MAR p. 1631, Eff. 9/6/13; AMD, 2015 MAR p. 2043, Eff. 11/…

44.14.310 FEES FOR RECORDS CENTER SERVICES (REPEALED) Authorizing statute(s): 2-15-405, MCA Implementing statute(s): 2-6-1114, MCA History: NEW, 2001 MAR p. 1748, Eff. 7/6/01; AMD, 2007 MAR p. 1685, Eff. 11/1/07; AMD, 2015 MAR p. 2043, Eff. 11/13/15; AMD, 2017 MAR p. 801, Eff. 6/…

44.14.311 FEES FOR RECORDS CENTER BOXES (REPEALED) Authorizing statute(s): 2-15-405, MCA Implementing statute(s): 2-6-1114, MCA History: NEW, 2001 MAR p. 1186, Eff. 7/6/01; AMD, 2007 MAR p. 1685, Eff. 11/1/07; AMD, 2015 MAR p. 2043, Eff. 11/13/15; REP, 2022 MAR p. 1772, Eff. 9/10…

44.14.312 FEES FOR IMAGING SERVICES (REPEALED) Authorizing statute(s): 2-15-405, MCA Implementing statute(s): 2-6-1101, MCA History: NEW, 2001 MAR p. 1186, Eff. 7/6/01; AMD, 2007 MAR p. 1685, Eff. 11/1/07; AMD, 2016 MAR p. 90, Eff. 1/9/16; AMD, 2017 MAR p. 801, Eff. 6/10/17; REP,…

44.14.401 STATE RECORDS COMMITTEE MEMBERSHIP ROTATION Per 2-6-1107, MCA, the following membership rotation is established for those executive branch agencies (including those that are administratively attached/allocated) that are not designated as permanent representatives of the…

44.15.101 APPLICATION FOR A COMMISSION AS A NOTARY PUBLIC A person seeking a commission as a notary public shall make an application by submitting one or more of the requisite forms prescribed by the Secretary of State that includes the following information: applicant's name, wh…

44.15.102 APPLICATION FEE The applicant shall submit a $25 non-refundable application fee. Authorizing statute(s): Sec. 1-5-408, MCA Implementing statute(s): Sec. 1-5-408, MCA History: NEW, 1993 MAR p. 2250, Eff. 10/1/93; AMD, 2001 MAR p. 2162, Eff. 10/26/01.

44.15.103 NOTARY BOND The applicant shall submit with the application and fee, a bond on the form prescribed by the Secretary of State from an approved bonding company in the amount of $25,000 for the full four-year term of the notary commission. The bonding company shall notify …

44.15.104 CANCELLATION OF COMMISSION (REPEALED) Authorizing statute(s): 2-4-201, MCA Implementing statute(s): 1-5-404, 1-5-405, 2-4-604, MCA History: NEW, 1993 MAR p. 2250, Eff. 10/1/93; AMD, 2008 MAR p. 66, Eff. 1/18/08; REP, 2015 MAR p. 1913, Eff. 10/30/15.

44.15.105 REQUEST FOR CERTIFICATE OF AUTHORITY A person requesting certificate of authority of a record for a foreign country shall submit a $10 nonrefundable fee for each certification, together with a request form as prescribed by the Secretary of State. Authorizing statute(s):…

44.15.106 NOTIFICATION TO SECRETARY OF STATE OF CHANGE IN INFORMATION OR STATUS A notary public shall notify the Secretary of State within 30 calendar days of any change in the information on file with the Secretary of State, using the form prescribed by the Secretary of State, i…

44.15.107 OFFICIAL STAMP The official stamp of a notary public, whether the impression is on a tangible or electronic record, shall: be rectangular in shape and approximately 1" by 2½" in size; be in blue or black ink; have a circular seal to the left that includes the words "not…