Montana Administrative Register Notice 8-99-154 No. 11   06/09/2017    
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In the matter of the amendment of ARM 8.99.917 and ARM 8.99.918 pertaining to the implementation of the Big Sky Economic Development Trust Program







TO: All Concerned Persons


1.  On June 29, 2017, at 1:30 p.m., the Department of Commerce will hold a public hearing in Room 226 of the Park Avenue Building, 301 South Park Avenue, Helena, Montana, to consider the proposed amendment of the above-stated rules.


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., June 27, 2017, to advise us of the nature of the accommodation that you need. Please contact Bonnie Martello, Department of Commerce, 301 South Park Avenue, P.O. Box 200501, Helena, Montana 59620-0501; telephone (406) 841-2596; TDD (406) 841-2701; facsimile (406) 841-2771; or e-mail to bmartello@mt.gov.


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


8.99.917  INCORPORATION BY REFERENCE OF RULES GOVERNING SUBMISSION AND REVIEW OF APPLICATIONS (1)  The department adopts and incorporates by reference the 2016-2017 2018-2019 Big Sky Economic Development Trust Fund Application Guidelines, with the most current guidelines being posted on the Big Sky Economic Development Trust Fund web site, as rules governing the submission and review of applications under the program.

(2) and (3) remain the same.


AUTH: 90-1-203, MCA

IMP: 90-1-203, 90-1-204, 90-1-205, MCA


REASON: The 2018-2019 Biennium Big Sky Economic Development Trust Fund Grant Application Guidelines are incorporated, by reference, into the rules to streamline the process for applicants and thereby making the program more accessible and easily understood.


            8.99.918 PROGROMMMATIC REQUIREMENTS  (1) through (2)(a)(iii) remain the same.

            (iv) wages of employees in net new jobs;

            (iv) (v)  employee training; and

            (v) (vi)  administration.

(b) Awards to certified regional development corporations, local governments, tribal governments, and other eligible economic development organizations shall include the following economic development planning activities:

(i) through (vi) remain the same.

(3) The maximum funding levels for job creation projects are as follows:

(a) and (b) remain the same.

(4)  Entities must provide matching funds for job creation projects as specified below:

(a) remains the same.

(b)  Certified regional development corporations, local governments, tribal governments, and other eligible economic development organizations may be required to document or provide matching funds for economic development planning awards allocated under the program.

(5) remains the same.


AUTH: 90-1-204, MCA

IMP: 90-1-204, MCA


REASON: The changes will allow for local governments to apply for planning funding.


4. Concerned persons may submit their data, views, or arguments in written form or a request for opportunity to submit data, views, or arguments in oral form to: Annmarie Robinson, Montana Office of Tourism and Business Development, 301 South Park Avenue, P.O. Box 200501, Helena, Montana, 59620-0501; telephone (406) 841-2744; TDD (406) 841-2731; facsimile (406) 841-2771; or e-mail to arobinson3@mt.gov, and must be received no later than 5:00 p.m., July 7, 2017.


5. 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 may 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 Department of Commerce, 301 South Park Avenue, P.O. Box 200501, Helena, Montana 59620-0501, by fax to (406) 841-2701, by e-mail to bmartello@mt.gov, or by completing a request form at any rules hearing held by the department.


6. 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.


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


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



/s/ G. Martin Tuttle                                                    /s/ Douglas Mitchell                        

G. Martin Tuttle                                                        Douglas Mitchell

Rule Reviewer                                                          Deputy Director

                                                                                 Department of Commerce



Certified to the Secretary of State May 30, 2017.

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