BEFORE THE DEPARTMENT OF ADMINISTRATION
OF THE STATE OF MONTANA
In the matter of the proposed amendment of ARM 2.59.104
pertaining to the semiannual assessment of banks
NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT
TO: All Concerned Persons
1. On October 25, 2007, at 10:30 a.m., a public hearing will be held in Room 342 of the Park Avenue Building, 301 S. Park, Helena, Montana, to consider the proposed amendment of the above-stated rule.
2. The Department of Administration, Division of Banking and Financial Institutions, 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, contact the Division of Banking and Financial Institutions no later than 5:00 p.m. on October 18, 2007, to advise us of the nature of the accommodation that you need. Please contact Christopher Romano, Division of Banking and Financial Institutions, P.O. Box 200546, Helena, Montana 59620-0546; telephone (406) 841-2928; TDD (406) 444-1421; facsimile (406) 841-2930; e-mail to email@example.com.
3. The rule as proposed to be amended provides as follows, stricken matter interlined, new matter underlined:
-ANNUAL ASSESSMENT (1) Based upon the following schedule, and upon calculation of the semiannual value for the respective bank, the value shall be multiplied by the factor of 1.50 to determine the dollar fee assessment, rounded to the next highest dollar, due the Division of Banking and Financial Institutions for the semiannual period.
Total assets Plus rate/ Over
(Million) Base Million (Million)
0-1 0 .00085 0
1-10 850 .000105 1
10-50 1,795 .000085 10
50-100 5,195 .00005 50
over 100 7,695 .00003 100
Based upon this schedule, and upon calculation of the semi-annual value for the respective bank, the value shall be multiplied by the factor of 1.37 to determine the dollar fee assessment due the Division of Banking and Financial Institutions for the semi-annual period, rounded to the next highest dollar.
AUTH: 32-1-213, MCA
IMP: 32-1-213, MCA
REASON: It is reasonably necessary for the division to amend ARM 2.59.104 to ensure that revenue collected from the semiannual assessments is commensurate with the costs associated with the division's regulation of state-chartered banks. The semiannual assessment has not been increased since 1994. The cost of regulating banks has increased and now exceeds the current revenue from the semiannual assessments. The increased costs are reflected in a career ladder professional program implemented to recruit and retain bank examiners, professional education and training of the bank examiners, professional certification for the division and its examiners by the Conference of State Bank Supervisors, and increased overhead expenses in the areas of rent, travel, supplies, and communications. The proposed adjustment will result in a 9.5% increase in assessments for the 64 state-chartered banks regulated by the division. It is anticipated that this proposed increase would annually increase revenue for the division by $180,310.
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 Kelly O'Sullivan, Legal Counsel, Division of Banking and Financial Institutions, P.O. Box 200546, Helena, Montana 59620-0546; faxed to the office at (406) 841-2930; e-mailed to firstname.lastname@example.org, and must be received no later than November 2, 2007.
5. Kelly O'Sullivan, Legal Counsel, Division of Banking and Financial Institutions, has been designated to preside over and conduct the hearing.
6. An electronic copy of this Proposal Notice is available through the Department of Administration's web site at http://doa.mt.gov/ AdministrativeRules.asp. 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 in the event of a discrepancy 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 department 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.
7. The Division of Banking and Financial Institutions maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this division. Persons who wish to have their name added to the mailing list shall make a written request which includes the name and mailing address or e-mail address of the person to receive notices and specifies that the person wishes to receive notices regarding division rulemaking actions. Such written requests may be mailed or delivered to Christopher Romano, Division of Banking and Financial Institutions, 301 S. Park, Ste. 316, P.O. Box 200546, Helena, Montana 59620-0546; faxed to the office at (406) 841-2930; e-mailed to email@example.com; or may be made by completing a request form at any rules hearing held by the Division of Banking and Financial Institutions.
8. The bill sponsor notice requirements of 2-4-302, MCA, do not apply.
By: /s/ Janet R. Kelly By: /s/ Dal Smilie
Janet R. Kelly, Director Dal Smilie, Rule Reviewer
Department of Administration Department of Administration
Certified to the Secretary of State September 24, 2007.