Montana Administrative Register Notice 8-119-75 No. 13   07/16/2009    
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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 August 5, 2009, at 1:30 p.m., the Department of Commerce will hold a public hearing in Room 228 of the Park Avenue Building at 301 South Park Avenue, at Helena, Montana, to consider the proposed amendment of 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 Department of Commerce no later than 5:00 p.m. on July 24, 2009, to advise us of the nature of the accommodation that you need.  Please contact Barbara Sanem, Department of Commerce, Montana Promotion Division, 301 South Park Avenue, P.O. Box 200533, Helena, Montana 59620-0533; telephone (406) 841-2769; fax (406) 841-2871; TDD (406) 841-2702; or e-mail bsanem@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/CVB Tourism Organizations, February 2009, as amended June 2009," 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 Promotion Division, Department of Commerce, 301 South Park Avenue, Helena, Montana 59620.  Copies of the guide are available on request.

(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/CVB Tourism Organizations, February 2009, as amended June 2009."


AUTH:  2-15-1816, MCA

IMP:  2-15-1816, MCA


REASON:  It is reasonably necessary to amend this rule because the "Regulations and Procedures for the Regional/CVB Tourism Organizations, February 2009" were amended by the Tourism Advisory Council in June 2009 to allow Regional/CVB Tourism Organizations to host their web site on a nondepartment server.


            4.  Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing.  Written data, views, or arguments may also be submitted to:  Barbara Sanem, Department of Commerce, Montana Promotion Division, 301 South Park Avenue, P.O. Box 200533, Helena, Montana, 59620-0533; telephone (406) 841-2769; fax (406) 841-2871; or e-mail bsanem@mt.gov, and must be received no later than 5:00 p.m., August 13, 2009.


5.  Kelly A. Casillas, Legal Counsel, Department of Commerce, has been designated to preside over and conduct this hearing.


6.  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.


7.  An electronic copy of this Proposal Notice is available through the Secretary of State"s web site at http://sos.mt.gov/ARM/Register.  The Secretary of State 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 Secretary of State 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.



/s/ KELLY A. CASILLAS                              /s/ ANTHONY J. PREITE     

KELLY A. CASILLAS                                   ANTHONY J. PREITE

Rule Reviewer                                               Director

                                                                        Department of Commerce


Certified to the Secretary of State July 6, 2009.





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