BEFORE THE DEPARTMENT OF ADMINISTRATION
OF THE STATE OF MONTANA
In the matter of the amendment of ARM 2.59.104 pertaining to semiannual assessment for banks
NOTICE OF PROPOSED AMENDMENT
NO PUBLIC HEARING CONTEMPLATED
TO: All Concerned Persons
1. On April 10, 2012, the Department of Administration proposes to amend the above-stated rule.
2. The Department of Administration 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 Administration no later than 5:00 p.m. on April 2, 2012, to advise us of the nature of the accommodation that you need. Please contact Wayne Johnston, Division of Banking and Financial Institutions, P.O. Box 200546, Helena, Montana 59620-0546; telephone (406) 841-2918; TDD (406) 444-1421; facsimile (406) 841-2930; or e-mail to firstname.lastname@example.org.
3. The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:
2.59.104 SEMIANNUAL ASSESSMENT (1) Based upon the following schedule, and upon calculation of the semiannual value for the respective bank, the value must be multiplied by the factor of 1.50 to determine the dollar fee assessment, rounded to the next highest dollar, due the Division of Banking and Financial Institutions for the semiannual period.
Total assets Plus rate/ Over
(Million) Base Million (Million)
0-1 0 .00085 0
1-10 850 .000105 1
10-50 1,795 .000085 10
50-100 5,195 .00005 50
over 100 7,695 .00003 100
(2) For the period [effective date of this amendment] through September 30, 2012, the assessment fee must be multiplied by a factor of .50. This section will sunset October 1, 2012.
AUTH: 32-1-213, 32-1-218, MCA
IMP: 32-1-213, 32-1-218, MCA
STATEMENT OF REASONABLE NECESSITY: In recent years there has been steady growth in the size and number of institutions and individuals licensed or supervised by the Division of Banking and Financial Institutions. This growth, coupled with conservative management and sound fiscal policies in the department, has resulted in an increasing special revenue fund balance. In particular, the semiannual assessments paid by state-chartered banks have significantly exceeded expenses for bank supervision. In order to refund the excess funds to the state-chartered banks, the department has determined that a one-time reduction in the semiannual assessment is necessary. The amendment to ARM 2.59.104 would reduce the amount of bank assessments by half (50%) for the assessment period ending June 2012.
It is estimated that semiannual assessments paid by the 64 state-chartered banks for the June 2012 assessment would be $1,275,000 using the present rate structure. Therefore, the proposed amendment would result in a one-time revenue reduction of an estimated $637,500 for the assessment period ending on June 30, 2012.
The department is expecting a significant change in the number of state-chartered banks in calendar year 2012 and will be reviewing the assessment rates after the impact of the change is known. The department expects to propose a permanent downward revision after that time. Because this rule revision is intended to be temporary, the department has chosen to have it sunset on October 1, 2012, which will make the amendment effective only for the June 2012 assessment, not for the December 2012 assessment.
4. Concerned persons may present their data, views, or arguments concerning the proposed action to Kelly O'Sullivan, Legal Counsel, Division of Banking and Financial Institutions, P.O. Box 200546, Helena, Montana 59620-0546; faxed to the office at (406) 841-2930; or e-mailed to email@example.com; and must be received no later than 5:00 p.m., April 9, 2012.
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 the person listed in 4 above at the above address no later than 5:00 p.m., April 9, 2012.
6. If the Division of Banking and Financial Institutions receives requests for a public hearing on the proposed action from either 10% 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 six persons based on the 64 existing state-chartered banks.
7. An electronic copy of this Proposal Notice is available through the department's web site at http://doa.mt.gov/administrativerules.mcpx. The department 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 if a discrepancy exists 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 department 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.
8. The Division of Banking and Financial Institutions maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this division. Persons who wish to have their name added to the mailing list shall make a written request that includes the name and mailing address and e-mail address of the person to receive notices and specifies that the person wishes to receive notices regarding division rulemaking actions. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written requests may be mailed or delivered to Wayne Johnston, Division of Banking and Financial Institutions, 301 S. Park, Ste. 316, P.O. Box 200546, Helena, Montana 59620-0546; faxed to the office at (406) 841-2930; e-mailed to firstname.lastname@example.org; or may be made by completing a request form at any rules hearing held by the department.
9. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.
By: /s/ Janet R. Kelly By: /s/ Michael P. Manion
Janet R. Kelly, Director Michael P. Manion, Rule Reviewer
Department of Administration Department of Administration
Certified to the Secretary of State February 27, 2012.