Helena, Montana 59601

Phone/Fax 406-443-2370

March 24, 2009

LOBBYIST ACTIVITY REPORT

2009 LEGISLATIVE SESSION

WEEK ELEVEN

(March 15, 2009 – March 21, 2009)

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

SB 499: "AN ACT ESTABLISHING A REDUCED COAL SEVERANCE TAX RATE FOR PRODUCTION FROM A NEW MINE OR INCREASED PRODUCTION FROM AN EXISTING MINE FOR COAL TO BE USED IN A COAL GASIFICATION FACILITY THAT SEQUESTERS CARBON DIOXIDE OR AN INTEGRATED GASIFICATION COMBINED CYCLE FACILITY THAT SEQUESTERS CARBON DIOXIDE; PROVIDING THAT THE COLLECTIONS FROM THE REDUCED TAX RATE, AFTER THE ALLOCATION TO THE COAL TAX TRUST FUND, BE ALLOCATED TO THE SCHOOL FLEXIBILITY ACCOUNT; AND AMENDING SECTIONS 15-35-103, 15-35-108, AND 90-6-1001, MCA." I monitored this legislation.

HB 445: "AN ACT TO PROTECT MONTANA FARMERS BY EXEMPTING FROM LIABILITY FARMERS WHO UNKNOWINGLY POSSESS OR USE A PATENTED PLANT; PROVIDING FOR THE SAMPLING AND ANALYSIS OF PATENTED PLANTS TO DETERMINE WHETHER A BREACH OF CONTRACT OR PATENT INFRINGEMENT HAS OCCURRED; AND REQUIRING THAT ACTIONS RELATED TO PATENTED PLANTS ARE GOVERNED BY MONTANA LAW." I monitored this legislation.

SB 506: "AN ACT AUTHORIZING A LOCAL OPTION TOURISM TAX; PROVIDING FOR THE TYPES OF GOODS AND SERVICES THAT MAY BE SUBJECT TO THE LOCAL OPTION TOURISM TAX; PROVIDING THAT LOCAL OPTION TOURISM TAX REVENUE MUST BE USED FOR PROPERTY TAX REDUCTION, DISTRIBUTION TO CERTAIN NEARBY LOCAL GOVERNMENTS, AND FOR ANY PURPOSE REFLECTED IN THE RESOLUTION AUTHORIZING THE LOCAL OPTION TOURISM TAX; PROHIBITING DOUBLE TAXATION; COORDINATING THE USE OF THE RESORT TAX IMPOSED BY RESORT COMMUNITIES AND RESORT AREAS; CLARIFYING THAT A MILL LEVY REDUCTION RESULTING FROM TAX RELIEF DUE TO IMPOSITION OF A LOCAL OPTION TOURISM TAX MAY NOT BE REINSTATED WHILE THE TAX IS IN EFFECT WITHOUT AN ELECTION; AMENDING SECTIONS 7-7-4424, 7- 428, AND 15-10-420, MCA; AND PROVIDING A DELAYED EFFECTIVE DATE." I monitored this legislation.

SB 503: "AN ACT PROVIDING FOR MONTANA ECONOMIC STIMULUS; PROVIDING A 5 PERCENT CAPITAL GAINS CREDIT FOR THE SALE OF A MONTANA BUSINESS THAT WAS ESTABLISHED DURING A CERTAIN TIME PERIOD AND THAT HAS BEEN IN OPERATION FOR OR HAS EMPLOYED A CERTAIN PERCENTAGE OF MONTANA EMPLOYEES FOR AT LEAST 10 YEARS; PROVIDING THAT 50 PERCENT OF ANY BONUS DEPRECIATION RECAPTURED UNDER FEDERAL TAX LAW ORIGINALLY TAKEN FOR ECONOMIC RECOVERY IS DEDUCTIBLE FOR INDIVIDUAL INCOME TAX AND

CORPORATE LICENSE TAX PURPOSES; PROVIDING THAT TO QUALIFY THE SUBJECT PROPERTY OF THE RECAPTURE MUST HAVE BEEN FABRICATED OR ASSEMBLED IN MONTANA AND SOLD DURING SPECIFIED TIMES; PROVIDING FOR A CAPITAL GAINS TAX FOR SALE OF CERTAIN TANGIBLE AND INTANGIBLE MONTANA BUSINESS PROPERTY OR QUALIFYING STOCK OF A MONTANA BUSINESS; PROVIDING THAT THE PROPERTY MUST HAVE BEEN HELD FOR AT LEAST 5 YEARS; PROVIDING THAT THE RATE FOR DETERMINING THE CREDIT INCREASES FROM 2 PERCENT TO 5 PERCENT OVER A 20-YEAR PERIOD; AMENDING SECTIONS 15-30-121, 15-30-183, AND 15-31-114, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND A RETROACTIVE APPLICABILITY DATE." I monitored this legislation.

HB 654: "AN ACT PROVIDING THAT A PORTION OF COAL SEVERANCE TAX

COLLECTIONS FROM NEWLY PERMITTED COAL MINES AND A PORTION OF OIL AND NATURAL GAS PRODUCTION TAXES FROM NEWLY DRILLED OIL AND NATURAL GAS WELLS ARE ALLOCATED TO THE SCHOOL FLEXIBILITY ACCOUNT; AMENDING SECTIONS 15-35-108, 15-36-331, AND 90-6-1001, MCA; AND PROVIDING AN EFFECTIVE DATE." I monitored this legislation.