Helena, Montana 59601

Phone/Fax 406-443-2370

March 14, 2009

LOBBYIST ACTIVITY REPORT

2009 LEGISLATIVE SESSION

WEEK TEN

(March 8, 2009 – March 14, 2009)

During Week Ten of the 2009 Legislative Session, I followed this proposed legislation:

SB 303: "AN ACT REQUIRING THAT SECTIONS OF THE STATE WATER PLAN ADDRESS VARIOUS WATER ISSUES WITHIN THE CLARK FORK, FLATHEAD, MISSOURI, AND YELLOWSTONE RIVER BASINS; CREATING A WATER USER COUNCIL COUNCILS; AND AMENDING SECTION 85-1-203, MCA." Since Richland County is very fortunate in that it has two of the four river basins that are going to be addressed in the update of the State Water Plan, I provided testimony in support of this legislation.

HB 526: "AN ACT PROHIBITING THE USE OF CERTAIN SALT ON LOCAL AND STATE ROADS DURING THE WINTER MONTHS." This legislation would have eliminated the use of magnesium chloride and calcium chloride for snow/ice removal; dust suppression; and; road surface material stabilization on county roads and highways. The elimination of the use of this material would cause a safety hazard if it could not be used. On behalf of the County Commissioners and the County Road Foreman, I provided testimony in opposition to this legislation.

HB 512: "AN ACT INCREASING THE LIMIT ON SCHOOL DISTRICT GENERAL FUND RESERVES TO PROVIDE FOR BUDGET STABILITY; AMENDING SECTIONS 20-3-324, 20-9-104, AND 20-9-165, MCA; AND PROVIDING AN EFFECTIVE DATE AND AN APPLICABILITY DATE." This legislation would provide the school districts with more flexibility in managing their budget from one year to the next. I monitored this legislation.

HB123: "AN ACT REDUCING THE STATUTORY APPROPRIATIONS FOR THE GROWTH THROUGH AGRICULTURE PROGRAM AND FOR RESEARCH AND COMMERCIALIZATION PROJECTS; EXTENDING THE TERMINATION DATE FOR CERTAIN ALLOCATIONS AND STATUTORY APPROPRIATIONS OF THE INTEREST INCOME FROM $140 MILLION OF THE COAL SEVERANCE PERMANENT FUND; AMENDING SECTION 15-35-108, MCA, SECTION 3, CHAPTER 481, LAWS OF 2003, AND SECTION 6, CHAPTER 481, LAWS OF 2003; AND PROVIDING EFFECTIVE DATES." This legislation would extend the “Sunset” date on the economic development programs funded by the interest income from $140 million of the Coal Severance Permanent Fund until the year 2019. However, the downside of this legislation would reduce the funding to the Growth Through Agriculture Program by approximately 50%; and, the funding of the Research and Commercialization Program by approximately 55%. The funding for these programs were reduced so more money would be available for the General Fund which is in very short supply in the 2009 Legislative Session. I testified in support of this legislation because even though the funding for the two programs has been reduced, the extension of the “Sunset” provision until 2019 is the most important issue in this legislation. In the future, when the economy improves and the revenues available to the General Fund increase, these two programs can again be funded at FY 2008.2009 levels.

SB 214: "AN ACT INCREASING PENALTIES FOR THEFT OF A COMMONLY DOMESTICATED HOOFED ANIMAL AND FOR ILLEGAL BRANDING OR ALTERING OR OBSCURING A BRAND; REQUIRING MANDATORY COMMUNITY SERVICE IF A PRISON SENTENCE IS DEFERRED; PROVIDING FOR FORFEITURE OF PROPERTY FOR THE THEFT OF A COMMONLY DOMESTICATED HOOFED ANIMAL AND FOR ILLEGAL BRANDING OR ALTERING OR OBSCURING A BRAND; AMENDING SECTIONS 45-2-311, 45-6-301, AND 45-6-327, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY DATE." I provided testimony is support of this legislation.

SB 489: "AN ACT REVISING TAXATION LAWS RELATED TO PIPELINES; CLARIFYING THAT REGULATED NATURAL GAS AND OIL PIPELINES AND COMMON CARRIER PIPELINES ARE TAXED AS CLASS NINE PROPERTY AND THAT OIL AND GAS PRODUCTION PROPERTY, INCLUDING FLOW LINES AND GATHERING LINES, IS TAXED AS CLASS EIGHT PROPERTY; AMENDING SECTIONS . . ., MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND A RETROACTIVE APPLICABILITY DATE." I monitored this legislation.

SB 291: "AN ACT ESTABLISHING THE MONTANA RAILROAD DEVELOPMENT

5 AUTHORITY; DEFINING TERMS; ESTABLISHING AUTHORITY MEMBERSHIP; AUTHORIZING THE APPOINTMENT OF AUTHORITY MEMBERS; CLARIFYING THE PUBLIC SERVICE COMMISSION'S AUTHORITY; REQUIRING THAT THE LEGISLATURE APPROVE THE AUTHORITY'S ACQUISITION OF A RAILROAD FACILITY; PROVIDING THE AUTHORITY WITH CERTAIN POWERS; PROVIDING THE AUTHORITY WITH RULEMAKING AUTHORITY THAT ALLOWS IT TO ISSUE REVENUE BONDS; CLASSIFYING CERTAIN AUTHORITY RAILROAD FACILITY PROPERTY AS CLASS NINE PROPERTY FOR PROPERTY TAX PURPOSES; CLASSIFYING CERTAIN AUTHORITY RAILROAD FACILITY PROPERTY AS CLASS TWELVE PROPERTY FOR PROPERTY TAX PURPOSES; PROVIDING THAT AUTHORITY FACILITIES ARE SUBJECT TO THE PRIVILEGE TAX; REQUIRING THAT THE AUTHORITY REPAY STATE APPROPRIATIONS; REQUIRING THE DEPARTMENT OF TRANSPORTATION TO CONSULT WITH THE AUTHORITY IN ADMINISTERING THE MONTANA ESSENTIAL FREIGHT RAIL ACT; ELIMINATING THE RAIL SERVICE COMPETITION COUNCIL; AMENDING SECTIONS . . , MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE." I monitored this legislation.

SB 407: "AN ACT IDENTIFYING CERTAIN FEDERAL IRRIGATION DISTRICT

5 CONTRACTS THAT ARE SUBJECT TO PETITION AND JUDICIAL REVIEW; REQUIRING JUDICIAL REVIEW OF CONTRACT PROCEEDINGS; AND AMENDING SECTIONS 85-7-1956 AND 85-7-1957, MCA; AND PROVIDING AN APPLICABILITY DATE." I monitored this legislation.

SB 369: "AN ACT REVISING LOCAL GOVERNMENT NOXIOUS WEED LAWS; REVISING THE PROCEDURES FOR NOTIFICATION AND COMPLIANCE WITH REGARD TO NOXIOUS WEED CONTROL MEASURES; ELIMINATING THE PROVISION FOR AN ADMINISTRATIVE HEARING FOR

7 A PERSON WHO IS ADVERSELY AFFECTED BY A WEED DISTRICT BOARD DECISION; AMENDING SECTIONS 7-22-2123 AND 7-22-2124, MCA; REPEALING SECTION 7-22-2110, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE." I monitored this legislation.

SB 283: "AN ACT REQUIRING UPDATE OF THE MONTANA STATE RAIL PLAN BY THE DEPARTMENT OF TRANSPORTATION FOR THE PURPOSE OF COMPLYING WITH CONSIDERING PUBLIC LAW 110-432, DIVISION B, THE PASSENGER RAIL INVESTMENT AND IMPROVEMENT ACT OF 2008; AND REQUIRING A REPORT OF THE PROGRESS OF THE PLAN UPDATE TO BE PRESENTED TO THE REVENUE AND TRANSPORTATION INTERIM COMMITTEE." As presented by the sponsor of the bill, Senator Ron Erickson, and verified by the Director of the Montana Department of Transportation, Jim Lynch, when the Montana State Rail Plan is updated, it will include an assessment of restoring rail passenger service to the “Southern Route” in Montana. This route would include Bozeman, Billings, Miles City, Glendive and points east. I provided testimony in support of this legislation.

HB 428: "AN ACT REVISING LAWS GOVERNING TECHNOLOGY DISTRICTS; REMOVING THE REQUIREMENT THAT A PERCENTAGE OF SALES BY TENANT OF A TECHNOLOGY DISTRICT MUST BE OUTSIDE MONTANA OR TO OTHER COMPANIES THAT MAKE A PERCENTAGE OF SALES OUTSIDE MONTANA; AND AMENDING SECTION 7-15-4295, MCA." I monitored this legislation.