Montana Administrative Register Notice 8-119-148 No. 15   08/05/2016    
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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 September 4, 2016, the Department of Commerce proposes to amend 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 the Department of Commerce no later than 5:00 p.m. on September 1, 2016, to advise us of the nature of the accommodation that you need. Please contact Bonnie J. Martello, Paralegal, Montana Department of Commerce, 301 South Park Avenue, P.O. Box 200501, Helena, Montana 59620-0501; telephone (406) 841-2596; fax (406) 841-2701; TDD (406) 841-2702; or e-mail bmartello@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, 2014 April 2016," 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 Office of Tourism, Department of Commerce, 301 South Park Avenue, Helena, Montana 59620, or on the Montana Office of Tourism web site at http://www.travelmontana.mt.gov/forms/February%202014%20Final.pdf http://tourism.mt.gov/Portals/92/shared/docs/pdf/Regulations%20%20April%202016%20Final%20proposed.pdf.

(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, 2014 April 2016."


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, June 2014" were amended by the Tourism Advisory Council in April 2016 to include the changes to the way the region and CVB annual marketing plans are developed.


4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to:  Barbara Sanem, Department of Commerce, Montana Office of Tourism, 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, and must be received no later than 5:00 p.m., September 2, 2016.


5. If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to Barbara Sanem at the above address no later than 5:00 p.m., September 2, 2016.


6. If the agency receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register.  Ten percent of those directly affected has been determined to be 20 persons based on 18 convention and visitor bureaus, 6 tourism regions, 13 TAC members, and at least 182 potential applicants for grants of accommodation tax funds.


7. 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.


8. 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 this 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.


9. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.


10. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rule will not significantly and directly impact small businesses.




/s/ Marty Tuttle                                     /s/ Douglas Mitchell                    

Marty Tuttle                                         Douglas Mitchell

Rule Reviewer                                     Deputy Director

                                                            Department of Commerce


Certified to the Secretary of State July 25, 2016.


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