Administrative Rules of the State of Montana

BEFORE THE DEPARTMENT OF COMMERCE

OF THE STATE OF MONTANA

In the matter of the adoption of NEW RULES I and II pertaining to the administration of the Big Sky Film Grant Program

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NOTICE OF PUBLIC HEARING ON PROPOSED ADOPTION

TO: All Concerned Persons

1. On January 11, 2024, at 10:00 a.m., the Department of Commerce (department) will hold a public hearing via zoom to consider the proposed adoption of the above-stated rules.

Video:

https://mt-gov.zoom.us/webinar/register/WN_vOAe9bzJT6Sar52zzjSnOA

2. The department will make reasonable accommodations for persons with disabilities who wish to participate in this process or need an alternative accessible format of this notice. If you require accommodation, please contact the department by 5:00 p.m. on January 9, 2024, to advise us of the nature of the accommodation you are requesting. Please contact the Department of Commerce, 301 South Park Avenue, P.O. Box 200501, Helena, Montana, 59620-0501; telephone (406) 841-2596; fax (406) 841-2771; TDD (406) 841-2702; or e-mail [email protected].

3. The proposed new rule is as follows:

NEW RULE I (8.119.401) INCORPORATION BY REFERENCE OF RULES GOVERNING SUBMISSION AND REVIEW OF APPLICATIONS FOR THE BIG SKY FILM GRANT PROGRAM (BSFG) (1) The department adopts and incorporates by reference the Montana Film Office, Big Sky Film Grant Program Application Guidelines as rules governing the submission and review of applications under the program (guidelines).

(2) Copies of the guidelines may be obtained from the department's Brand MT Division, 301 South Park Avenue, P.O. Box 200204, Helena, Montana 59620-0528, or on the department's web site at https://www.montanafilm.com/mfo_bigskyfilmgrant/.

AUTH: 90-1-122, MCA

IMP: 90-1-122, MCA

REASON: The proposed new rule is necessary to implement and administer the BSFG Program in accordance with SB 540, which was enacted by the 2023 Montana Legislature.

Section 1 of SB 540 authorizes the department to provide Montana-based film grants to eligible applicants.

The department proposes adopting NEW RULE I, which incorporates by reference the BSFG Guidelines. The proposed BSFG Guidelines can be reviewed on the department's web site, https://www.montanafilm.com/mfo_bigskyfilmgrant/. Interested persons may comment on the guidelines in accordance with this notice.

Adopting the guidelines is necessary to provide public notice on how the department plans to administer the BSFG Program in compliance with SB 540.

NEW RULE II (8.119.402) INCORPORATION BY REFERENCE OF RULES FOR THE ADMINISTRATION OF THE BIG SKY FILM GRANT PROGRAM (BSFG)

(1) The department adopts and incorporates by reference the BSFG Project Administration Manual.

(2) The BSFG Project Administration Manual relates to the following:

(a) project start-up requirements;

(b) grant contract requirements;

(d) reporting requirements;

(e) deliverables requirements; and

(f) project closeout.

(3) The BSFG Project Administration Manual may be obtained from the department's Montana Film Office, 301 South Park Avenue, P.O. Box 200523, Helena, Montana 59620-0523, or on the MFO's web site at https://www.montanafilm.com/mfo_bigskyfilmgrant/.

AUTH: 90-1-122, MCA

IMP: 90-1-122, MCA

REASON: The proposed new rule is necessary to implement and administer the BSFG Program in accordance with SB 540, which was enacted by the 2023 Montana Legislature.

Section 1 of SB 540 authorizes the department to provide Montana-based film grants to eligible applicants.

The department proposes adopting NEW RULE II, which incorporates by reference the BSFG Project Administration Manual. The proposed BSFG Project Administration Manual can be reviewed on the department's web site at https://www.montanafilm.com/mfo_bigskyfilmgrant/. Interested persons may comment on the administration manual in accordance with this notice.

Adopting the BSFG Project Administration Manual is necessary to provide public notice on how the department plans to administer the BSFG Program in compliance with SB 540.

4. Concerned persons may present their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to: Department of Commerce, Legal Department, 301 South Park Avenue, P.O. Box 200501, Helena, Montana 59620-0533; telephone (406) 841-2596; fax (406) 841-2871; TDD (406) 841-2702; or e-mail [email protected], and must be received by 5:00 p.m. on January 19, 2024.

5. The department's Office of Legal Affairs will 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. Written requests may be mailed or delivered to the contact person in paragraph 4 or may be made by completing a request form at any rules hearing held by the department.

7. The requirements of 2-4-302, MCA, apply and have been fulfilled. The primary bill sponsor of SB 540, Senator Daniel Zolnikov, was contacted on December 12, 2023, by e-mail at [email protected].

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

/s/ John Semmens____________ /s/ Mandy Rambo____________

JOHN SEMMENS MANDY RAMBO

Rule Reviewer Deputy Director

Department of Commerce

Certified to the Secretary of State December 12, 2023.