Montana Administrative Register Notice 44-2-209 No. 19   10/15/2015    
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In the matter of the amendment of ARM 1.3.307 and 1.3.309 pertaining to rulemaking notice requirements







TO: All Concerned Persons


1. On November 5, 2015, at 9:30 a.m., the Secretary of State will hold a public hearing in the Secretary of State's Conference Room, Room 260, State Capitol Building, Helena, Montana, to consider the proposed amendment of the above-stated rules.


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 October 22, 2015, 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, MT 59620-2801; telephone (406) 431-7718; fax (406) 444-4249; TDD/Montana Relay Service (406) 444-9068; or e-mail jquintana@mt.gov.


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


1.3.307 RULEMAKING, INTRODUCTION (1) through (4)(b)(iv) remain the same.

(v)  beginning on July 1, 2013, and ending on July 1, 2015, a statement as to whether a proposed rule significantly and directly impacts small businesses.

(c) through (7) remain the same.


AUTH: 2-4-202, 2-15-401, MCA

IMP: 2-4-111, 2-4-202, 2-4-302, 2-4-303, 2-4-305, MCA


1.3.309 RULEMAKING, PROPOSAL NOTICE (1) through (3)(a)(ii) remain the same.

(iii)  If an agency is proposing to adopt a rule that it determines will significantly and directly impact small businesses, the agency shall include a statement of that determination in its proposal notice. This requirement begins on July 1, 2013, and expires on July 1, 2015.

(iv) through (4) remain the same.


AUTH: 2-4-202, 2-15-401, MCA

IMP: 2-4-111, 2-4-202, 2-4-302, 2-4-305, 2-4-307, MCA


REASON: These amendments are reasonably necessary because the 2015 Montana Legislature passed House Bill 396 repealing the sunset provision of 2-4-111, MCA, effective October 1, 2015.


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, or by e-mailing jquintana@mt.gov, and must be received no later than 5:00 p.m., November 13, 2015.


5. Jorge Quintana, Secretary of State's Office, P.O. Box 202801, Helena, Montana 59620-2801, has been designated to preside over and conduct the 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 which includes the name and mailing address of the person to receive notices and specifies that the person wishes to receive notices regarding administrative rules, corporations, elections, notaries, records, uniform commercial code, or combination thereof. Such written request may be mailed or delivered to the Secretary of State's Office, Administrative Rules Services, 1236 Sixth Avenue, P.O. Box 202801, Helena, MT 59620-2801, faxed to the office at (406) 444-4263, or may be made by completing a request form at any rules hearing held by the Secretary of State's Office.


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, apply and have been fulfilled. The primary bill sponsor was contacted by letter on August 17, 2015.


9. With regard to the requirements of 2-4-111, MCA, the Secretary of State has determined that the amendment of the above-referenced rules will not significantly and directly impact small businesses.






/s/ JORGE QUINTANA                          /s/ LINDA MCCULLOCH            

Jorge Quintana                                     Linda McCulloch                         

Rule Reviewer                                       Secretary of State                                


Dated this 5th day of October, 2015.



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