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| Montana Administrative Register Notice 44-2-236 | No. 17 09/06/2019 | |
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BEFORE THE SECRETARY OF STATE OF THE STATE OF MONTANA
TO: All Concerned Persons
1. On September 26, 2019, at 10:00 a.m., the Secretary of State will hold a public hearing in the Secretary of State's Office Conference Room, Room 260, State Capitol Building, Helena, Montana, to consider the proposed amendment and repeal 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., September 19, 2019, to advise us of the nature of the accommodation that you need. Please contact Joe DeFilippis, Secretary of State's Office, P.O. Box 202801, Helena, MT 59620-2801; telephone (406) 444-5476; fax (406) 444-3976; TDD/Montana Relay Service (406) 444-9068; or e-mail [email protected].
3. The rules proposed to be amended are as follows, new matter underlined, deleted matter interlined:
44.14.310 FEES FOR RECORDS CENTER SERVICES (1) The following fees shall be charged for services provided for records housed in the state records center: (b) receiving and entering - carton (per cubic foot) $1.00 (c) regular retrieval/re-file - carton (d) regular retrieval from/re-file to carton (per file) $1.50 (e) rush retrieval - carton (per cubic foot) $6.00 (f) rush retrieval - file from carton (per file) $8.00 (g) regular interfile - carton (each) $5.00 (h) next day delivery (per visit plus handling charge) $15.00 (i) regular pickup (per visit plus handling charge) $15.00 (j) half day delivery (per visit plus handling charge) $40.00 (k) rush pickup/delivery – business day (per visit plus handling charge) $75.00 (l) rush delivery – weekends/holidays/after hours (per visit plus handling charge) $200.00 (m) handling charge (per cubic foot) $1.50 (n) miscellaneous services - labor (per hour) $45.00 (o) re-boxing (per labor plus new carton) $6.55
44.14.312 FEES FOR IMAGING SERVICES (1) The following fees shall be charged for imaging services: (a) image on demand – digital images scanned (in excess of the first 50 images) (per image) $.10 (b) image on demand – imaging minimum (includes first 50 images) $10 (c) image on demand – hourly labor (per hour) $45
IMP: 2-6-1101, MCA
4. The rules proposed to be repealed are:
44.14.301 FEES FOR 16MM MICROFILM SERVICES
AUTH: 2-15-405, MCA
44.14.302 FEES FOR 35MM MICROFILM SERVICES
AUTH: 2-15-405, MCA
44.14.304 FEES FOR FILM PROCESSING
AUTH: 2-15-405, MCA
44.14.305 FEES FOR FILM INSPECTING
AUTH: 2-15-405, MCA
44.14.306 FEES FOR FILM DUPLICATION
AUTH: 2-15-405, MCA
44.14.307 FEES FOR JACKET LOADING/TITLING
AUTH: 2-15-405, MCA
44.14.308 MISCELLANEOUS FEES
AUTH: 2-15-405, MCA IMP: 2-6-1114, MCA
44.14.309 MISCELLANEOUS SUPPLIES
AUTH: 2-15-405, MCA
44.14.311 FEES FOR RECORDS CENTER BOXES
AUTH: 2-15-405, MCA IMP: 2-6-1114, MCA
5. STATEMENT OF REASONABLE NECESSITY: These proposed rule changes reflect the transfer of state records to a new storage facility that is more secure and safe and has environmental controls to prolong the life of paper records. The proposed changes reflect a net cost decrease for state agencies. For example, the storage fees are decreased by 1/3 of the cost agencies were paying as of July 1, 2019 (from 33 cents to 22 cents). Currently, 17 state agencies and 8 local government entities use the state records center and will benefit from this price reduction. Filming storage has been eliminated from the state records center due to the high cost of microfilm and maintaining equipment, and because filming is no longer an industry standard but has been replaced by scanning per the National Archives and Records Administration and the National Association of Government Archives and Records Administrator. Scanning has been eliminated since the Department of Administration Print and Mail Services Bureau has obtained high-speed scanners and is now working with agencies. The authorizing and implementing statutes also have been updated to reflect the current law (previously cited statutes were repealed).
6. 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: Joe DeFilippis, Secretary of State's Office, P.O. Box 202801, Helena, Montana 59620-2801, or by e-mailing [email protected], and must be received no later than 5:00 p.m., October 4, 2019.
7. Austin James, Secretary of State's Office, has been designated to preside over and conduct the hearing.
8. 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, 1301 E. 6th Ave, P.O. Box 202801, Helena, MT 59620-2801, faxed to the office at (406) 444-3976, or may be made by completing a request form at any rules hearing held by the Secretary of State's Office.
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 Secretary of State has determined that the amendment and repeal of the above-referenced rules will not significantly and directly impact small businesses.
/s/ AISLINN BROWN /s/ COREY STAPLETON Aislinn Brown Corey Stapleton Rule Reviewer Secretary of State
Dated this 27th day of August, 2019. |
A directory of state agencies is available online at http://www.mt.gov/govt/agencylisting.asp.
For questions about the organization of the ARM or this web site, contact [email protected].
