BEFORE THE DEPARTMENT OF ADMINISTRATION

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 2.21.3103 pertaining to payroll rules

) )

NOTICE OF AMENDMENT

 

TO: All Concerned Persons

 

1. On September 19, 2013, the department published MAR Notice No. 2-21-492 regarding a public hearing on the proposed amendment of the above-stated rule at page 1644 of the 2013 Montana Administrative Register, Issue No. 18.

 

2. On October 21, 2013, the department held a public hearing on the proposed amendment. No members of the public appeared.

 

3. The department received one written comment regarding the proposed amendment. 

 

Comment 1: Legislative Services commented that the rulemaking authority of 2-18-401, MCA, only pertains to state agencies. The legislative branch is not a state agency, and therefore, the rules promulgated under the authority of Title 2, Chapter 18, Part 4 are not mandatory for the legislative branch. The legislative branch will voluntarily comply with the proposed rule as it pertains to permanent employees. However, the legislative branch does not waive its authority to follow current procedures for legislators. Currently, the legislative branch complies with all relevant IRS procedures, and it has provided documentation to the Department of Administration regarding its withholding process and its compliance reporting taxable wages on the W-2.

 

Response 1: The Department of Administration agrees with Comment 1 for the purpose of amending this rule.

 

4. The department has amended ARM 2.21.3103 as proposed.

 

 

 

By:   /s/ Sheila Hogan                                        By:   /s/ Michael P. Manion              

Sheila Hogan, Director                                      Michael P. Manion, Rule Reviewer

Department of Administration                             Department of Administration

 

 

Certified to the Secretary of State November 18, 2013.