Montana Administrative Register Notice 8-119-193 No. 2   01/28/2022    
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In the matter of the amendment of ARM 8.119.101 pertaining to the Tourism Advisory Council










TO: All Concerned Persons


1. On March 12, 2022, the Department of Commerce proposes to amend the above-stated rule.


2. The Department of Commerce will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the Department of Commerce no later than 5:00 p.m. on February 23, 2022, to advise us of the nature of the accommodation that you need. Please contact Bonnie J. Martello, Paralegal, Montana Department of Commerce, 301 South Park Avenue, P.O. Box 200501, Helena, Montana 59620-0501; telephone (406) 841-2596; fax (406) 841-2701; TDD (406) 841-2702; or e-mail docadministrativerules@mt.gov.


3. The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:


8.119.101  TOURISM ADVISORY COUNCIL (1) remains the same.

      (2)  The Tourism Advisory Council incorporates by reference the guide entitled "Regulations and Procedures for Regional Region/CVB Tourism Organizations Use of Lodging Facility Use Tax Revenue, April 2019 January 2022," setting forth the regulations and procedures pertaining to the distribution of lodging facility use tax revenue.  The guide is available for public inspection during normal business hours at the Montana Office of Tourism Brand MT, Department of Commerce, 301 South Park Avenue, Helena, Montana 59620, or on the Montana Office of Tourism Brand MT web site at https://marketmt.com/TourismAdvisoryCouncil https://marketmt.com/Programs/Industry-Services-and-Outreach/Tourism-Advisory-Council.

(3)  Distribution of funds to regional nonprofit tourism corporations and to nonprofit convention and visitors' bureaus is contingent upon compliance with the "Regulations and Procedures for Regional Region/CVB Tourism Organizations Use of Lodging Facility Use Tax Revenue, April 2019 January 2022."


AUTH:  2-15-1816, MCA

IMP: 2-15-1816, MCA


REASON: It is reasonably necessary to amend this rule to reflect changes made by the Tourism Advisory Council on January 6, 2022, to include changes to the region and CVB annual marketing plan guidelines.


4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to: Bonnie Martello, Department of Commerce, Legal Department, 301 South Park Avenue, P.O. Box 200501, Helena, Montana 59620-0533; telephone (406) 841-2596; fax (406) 841-2871; TDD (406) 841-2702; or e-mail DOCAdministrativeRules@mt.gov, and must be received no later than 5:00 p.m., February 25, 2022.


5. If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to Bonnie Martello at the above address no later than 5:00 p.m., February 25, 2022.


6. If the agency receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register.  Ten percent of those directly affected has been determined to be 20 persons based on 18 convention and visitor bureaus, 6 tourism regions, 13 TAC members, and at least 182 potential applicants for grants of accommodation tax funds.


7. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency.  Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request.  Such written request may be mailed or delivered to the contact person in 4 above or may be made by completing a request form at any rules hearing held by the department.


8. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.


9. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rule will not significantly and directly impact small businesses.



/s/ Amy Barnes                                             /s/ Adam Schafer                            

Amy Barnes                                                  Adam Schafer

Rule Reviewer                                              Deputy Director

                                                                      Department of Commerce


Certified to the Secretary of State January 18, 2022.





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