Montana Administrative Register Notice 44-2-162 No. 21   11/12/2009    
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In the matter of the amendment of ARM  44.5.121 pertaining to fees charged by the Business Services Division







TO:  All Concerned Persons


            1.  On December 3, 2009, at 10:00 a.m., the Secretary of State will hold a public hearing in the Secretary of State's Conference Room, Room 206, State Capitol Building, at Helena, Montana, to consider the proposed amendment of the above-stated rule.


2.  The Secretary of State 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 Secretary of State no later than 5:00 p.m. on November 20, 2009, to advise us of the nature of the accommodation that you need.  Please contact Jorge Quintana, Secretary of State's Office, P.O. Box 202801, Helena, Montana, 59620-2801; telephone (406) 444-5375; fax (406) 444-4240; TDD/Montana Relay Service (406) 444-9068; or e-mail jquintana@mt.gov.


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


44.5.121  MISCELLANEOUS FEES  (1)  through (3) remain the same.

(4)  Copy of all filed trademarks per month                                                      100.00

(5)  Copy of new business entity list per month                                                 80.00

(4) (6)  Bulk data for corporation records vary according to data type and number of documents.  Please see the Secretary of State's web site.    


AUTH: 2-15-405, 30-9A-526, 35-1-1307, 35-2-1107, 35-7-103, MCA

IMP: 2-6-103, 2-15-405, 30-9A-525, 30-13-320, 35-1-1206, 35-2-119, 35-2-1003, 35-7-103, MCA


REASON: The rule amendment is reasonably necessary to set by rule the fees charged for the services identified in sections (4) and (5).  When a flat copy fee of $10 was initiated for corporations in December 2004, the rule change failed to specify the $0.50 per page charge still being assessed for the Business Entity List and Trademarks.  In the process of reviewing and addressing this omission, an administrative decision was made to charge a flat monthly fee for these services versus a per page charge.  This determination was made based on research conducted by the Business Services Division that analyzed the costs associated with generating the lists on a monthly basis. The proposed flat monthly fees are based on the dollar amounts Business Services Division customers currently pay each month for these services at the $0.50 per page charge.  Therefore, the rule amendment is reasonably necessary to specify in rule the monthly flat fee charge for these two services.


            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: Jorge Quintana, Secretary of State's Office, P.O. Box 202801, Helena, Montana 59620-2801; telephone (406) 444-5375; fax (406) 444-4240; or e-mail jquintana@mt.gov, and must be received no later than 5:00 p.m., December 10, 2009.


5.  Jorge Quintana, Secretary of State's Office, has been designated to preside over and conduct this hearing.


6.  The Secretary of State 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 Secretary of State.


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/ Jorge Quintana                                         /s/ Linda McCulloch                                     

JORGE QUINTANA                                      LINDA MCCULLOCH

Rule Reviewer                                               Secretary of State


Dated this 26th day of October, 2009.



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