BEFORE THE DEPARTMENT OF COMMERCE

OF THE STATE OF MONTANA

 

In the matter of the repeal of ARM 8.119.201, 8.119.202, 8.119.203, 8.119.204, 8.119.205, 8.119.206, 8.119.207, 8.119.208, and 8.119.209 pertaining to the Movie and TV Industries and Related Media–Tax Incentives

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NOTICE OF PROPOSED REPEAL   NO PUBLIC HEARING CONTEMPLATED

 

1. On October 10, 2015, the Department of Commerce proposes to repeal 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. on October 7, 2015, to advise us of the nature of the accommodation that you need. Please contact Bonnie Martello, Paralegal, Director's Office, 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 [email protected].

 

3. The department proposes to repeal the following rules:

 

8.119.201  INTRODUCTION

     

AUTH: 15-31-904, MCA

IMP: 15-31-904, MCA

 

8.119.202  DEFINITIONS 

 

AUTH: 15-31-904, MCA

IMP: 15-31-904, MCA

 

8.119.203  APPLICATION 

 

AUTH: 15-31-904, MCA

IMP: 15-31-904, MCA

 

8.119.204  FEATURE-LENGTH FILM

 

AUTH: 15-31-904, MCA

IMP: 15-31-904, MCA

  

8.119.205  CERTIFICATION 

 

AUTH: 15-31-904, MCA

IMP: 15-31-904, MCA

 

8.119.206 NOTIFICATION 

 

AUTH: 15-31-904, MCA

IMP: 15-31-904, MCA

 

8.119.207 REVIEW 

 

AUTH: 15-31-904, MCA

IMP: 15-31-904, MCA

 

8.119.208  REVOCATION 

 

AUTH: 15-31-904, MCA

IMP: 15-31-904, MCA

 

8.119.209 CONTESTED CASE

 

AUTH: 15-31-904, MCA

IMP: 15-31-904, MCA

 

REASON: In 2005, the legislature enacted a tax incentive titled the Big Sky on the Big Screen Act (Title 15, chapter 31, part 9, MCA).  Under 15-31-904(6), MCA, the Department of Commerce was required to prescribe rules and procedures necessary for carrying out the provisions of the act.  On January 1, 2015, the Big Sky on the Big Screen Act was terminated.  Therefore, rules and procedures are no longer necessary.  Further, the department no longer has the authority to promulgate rules relating to the now-terminated tax incentive.   

 

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: Bonnie Martello, Paralegal, Department of Commerce, 301 South Park Avenue, P.O. Box 200501, Helena, Montana, 59620-0501; telephone (406) 841-2596; TDD (406) 841-2731; facsimile (406) 841-2701; or e-mail to [email protected], and must be received no later than 5:00 p.m., October 8, 2015.

         

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 Bonnie Martello at the above address no later than 5:00 p.m., October 8, 2015.

 

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. Ten percent of those directly affected has been determined to be zero, based on zero applicants. Notice of the hearing will be published in the Montana Administrative Register. 

 

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 repeal 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 August 31, 2015.