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Montana Administrative Register Notice 8-99-103 No. 12   06/21/2012    
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BEFORE Department of COMMERCE

OF THE STATE OF MONTANA

 

In the matter of the adoption of new Rule I and Rule II pertaining to the implementation of the Big Sky Economic Development Trust Program and the repeal of ARM 8.99.901, 8.99.902, 8.99.903, 8.99.904, 8.99.905, 8.99.906, 8.99.907, 8.99.908, 8.99.909, 8.99.910, 8.99.911, 8.99.912, 8.99.913, 8.99.914 , 8.99.915, 8.99.916 pertaining to the implementation of the Big Sky Economic Development Trust Program

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NOTICE OF ADOPTION AND REPEAL

            TO:  All Concerned Persons

 

1.  On April 26, 2012, the Department of Commerce published MAR Notice No. 8-99-103 pertaining to the proposed adoption and repeal of the above-stated rules at page 805 of the 2012 Montana Administrative Register, Issue Number 8.

 

2.  The department has adopted the above-stated rules as proposed:  New Rule I (8.99.917), Rule ll (8.99.918).

 

3.  The department has thoroughly considered the comments and testimony received.  A summary of the comments received and the department's responses are as follows:

 

COMMENT #1:  One comment was received regarding the need for flexibility in order to serve businesses and ensure that their work and proprietary information will be kept confidential and that assisted businesses will retain ownership of their copyrighted materials.

 

RESPONSE #1:  The Big Sky Economic Development Trust Fund (BSTF) planning project contracts allow for an assisted business to request prior written approval from the department and the contractor for copyright or patent protection prior to accepting BSTF funding.

 

COMMENT #2:  One comment was received regarding clarification in terms of how Big Sky Economic Development Trust Fund funds can be used and that flexibility in program policies will enable Economic Development Organizations and the Big Sky Trust Fund program to provide assistance to innovative and globally competitive businesses.

 

RESPONSE #2:  The guidelines published on the program's web site at www.bstf.mt.gov provide guidance on eligible activities for Big Sky Trust Fund funds. Program staff is happy to answer additional questions or provide clarifications on a case-by-case basis as needed.

 

COMMENT #3:  One comment was received related to the Big Sky Trust Fund administrative fee not fully covering the cost of the required work and a suggestion was made to assemble a committee of stakeholders to address questions as they arise.

 

RESPONSE #3:  The department feels that the current 5% for project administration is adequate.  The department administers the Certified Regional Development Corporation program that provides separate funding to regional organizations to deliver department programs on a regional basis, including the Big Sky Economic Development Trust Fund program.

 

4.  The department has repealed ARM 8.99.901, 8.99.902, 8.99.903, 8.99.904, 8.99.905, 8.99.906, 8.99.907, 8.99.908, 8.99.909, 8.99.910, 8.99.911, 8.99.912, 8.99.913, 8.99.914, 8.99.915, and 8.99.916 as proposed.

 

 

/s/ G. MARTIN TUTTLE                                 /s/ DORE SCHWINDEN                

G. MARTIN TUTTLE                                     DORE SCHWINDEN

Rule Reviewer                                               Director

                                                                        Department of Commerce

 

 

Certified to the Secretary of State June 11, 2012.

 

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