Montana Administrative Register Notice 2-67-505 No. 7   04/10/2014    
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In the matter of the amendment of ARM 2.67.303 pertaining to maximum pricing and printing standards







TO: All Concerned Persons


1. On April 30, 2014, at 9:00 a.m., the Board of County Printing will hold a public hearing in Room 105 of the Old Livestock Building, 1310 East Lockey Avenue, Helena, Montana, to consider the proposed amendment of the above-stated rule.


2. The Board of County Printing will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice. If you require an accommodation, please contact the board no later than 5:00 p.m. on April 23, 2014, to advise us of the nature of the accommodation that you need.  Please contact Angie Gifford, Department of Administration, 1310 East Lockey Avenue, P.O. Box 200110, Helena, MT 59620-1101; telephone (406) 444-0115; fax (406) 444-3039; or e-mail agifford@mt.gov.


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



(1) Rates for county legal advertising shall may not be more than $11 $12 for the first folio insertion and not more than $9 $10 for each subsequent insertion.

(2) remains the same.

(a) 12 lines of solid six-point type;

(b) through (f) remain the same, but are renumbered (a) through (e).

(3) Folios other than rule and figure work shall must consist of 100 words when set in a standard newspaper column width of approximately two inches.

(4) Commissioners' claims and proceedings shall must be charged at the regular folio measurement unless content requires rule and figure work requiring two or more sets of figures in the same line.

(5) The following point system measurements shall must be used. For computing 72 points to a linear column inch, there shall be:

(a) 12 lines of solid six-point type;

(b) through (e) remain the same, but are renumbered (a) through (d).


AUTH: 18-7-404, MCA

IMP: 18-7-411, MCA


STATEMENT OF REASONABLE NECESSITY: The board finds it necessary to propose increases to the current rates for county legal advertising. In the six years since the rates were last raised, the Montana newspaper industry has experienced significant increases in production-related costs for newsprint and postage. References to six-point type in (2)(a) and (5)(a) are proposed for deletion because eight-point type increases the readability of public notices. Anything less than eight-point type makes it difficult to read for the aging demographic of the print edition. In addition, the amendments to (1), (4), and (5) are necessary to remove archaic language and conform to drafting convention.


The rate increases will affect all Montana counties. There is no reasonable way to estimate the fiscal impact on counties because the number of advertisements a county places varies in any year.


The board proposes making the rate increases effective July 1, 2014, to coincide with the date newspapers are required to submit a sworn statement of circulation with the county clerk and recorder. 


4. Concerned persons may present their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to Angie Gifford, Department of Administration, 1310 East Lockey Avenue, P.O. Box 200110, Helena, MT 59620-1101; telephone (406) 444-0115; fax (406) 444-3039; or e-mail agifford@mt.gov, and must be received no later than 5:00 p.m. on May 8, 2014.


5. Angie Gifford, staff person for the board, has been designated to preside over and conduct this hearing.


6. The Board of County Printing maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this board. 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. 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 person in 4 above or may be made by completing a request form at any rules hearing held by the board.


7.  An electronic copy of this proposal notice is available through the Board of County Printing's web site at http://countyprinting.mt.gov. The department strives to make the electronic copy of the notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that if a discrepancy exists between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered. In addition, although the board works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.


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 board has determined that the proposed rule amendments will not significantly and directly impact small businesses.




By:   /s/ Milton Wester                                        By:   /s/ Michael P. Manion              

Milton Wester, Chair                                          Michael P. Manion, Rule Reviewer

Board of County Printing                                    Department of Administration


Certified to the Secretary of State March 31, 2014.


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