Helena, Montana 59601

Phone/Fax 406-443-2370

March 27, 2009

LOBBYIST ACTIVITY REPORT

2009 LEGISLATIVE SESSION

WEEK TWELVE

(March 22, 2009 – March 28, 2009)

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

HB 645: "AN ACT IMPLEMENTING THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009; PROVIDING APPROPRIATIONS OF FEDERAL FUNDS AND OTHER FUNDS AVAILABLE BECAUSE OF THE RECEIPT OF FEDERAL FUNDS; REVISING STATUTES TO IMPLEMENT THE RECEIPT AND EXPENDITURE OF THE FEDERAL FUNDS AND THE FUNDS AVAILABLE BECAUSE OF THE RECEIPT OF THE FEDERAL FUNDS; AUTHORIZING THE ADOPTION OF RETROACTIVE ADMINISTRATIVE RULES; REVISING THE ALLOCATION OF THE HOSPITAL BED TAX; REVISING INDIRECT COST RECOVERY LAWS; REVISING THE DEFINITIONS OF BASE BUDGET AND PRESENT LAW BASE FOR THE NEXT STATE BUDGET CYCLE; REVISING THE BASE PERIOD FOR UNEMPLOYMENT BENEFITS; PROVIDING FOR A PART-TIME WORK SEARCH AND PARTICIPATION IN WORKER TRAINING FOR UNEMPLOYMENT PURPOSES; REVISING THE USE OF THE HEALTHY KIDS STATE SPECIAL REVENUE ACCOUNT; REVISING THE USE OF THE HEALTH AND MEDICAID INITIATIVES ACCOUNT; CLARIFYING WATER POLLUTION LAWS AND THE USE OF FEDERAL FUNDS FOR WATER PROJECTS; REVISING THE ALTERNATIVE ENERGY LOAN PROGRAM; ESTABLISHING THE DISTRESSED WOOD PRODUCTS INDUSTRY RECOVERY PROGRAM; PROVIDING FOR A QUICK START ENERGY PROGRAM WITHIN THE DEPARTMENT OF COMMERCE FOR QUICK START ENERGY EFFICIENCY IMPROVEMENTS FOR SCHOOL FACILITIES; REVISING THE PRIORITIES FOR FUNDING UNDER THE BIG SKY ECONOMIC DEVELOPMENT PROGRAM; EXTENDING THE HOSPITAL BED TAX; AMENDING SECTIONS 2-4-306, 15-66-102, 17-1-106, 17-2-124, 17-7-102, 17-7-402, 17-7-502, 20-25-427, 39-51-201, 52-3-115, 53-4-1115, 53-6-149, 53-6-1201, 75-5-1102, 75-5-1107, 75-6-202, 75-6-226, 75-25-101, AND 75-25-102, AND 90-1-204, MCA, SECTION 20, CHAPTER 390, LAWS OF 2003, SECTIONS 4 AND 7, CHAPTER 606, LAWS OF 2005, SECTIONS 4, 5, 6, AND 8, CHAPTER 517, LAWS OF 2007, AND SECTION 9-B, CHAPTER 5, SPECIAL LAWS OF MAY 2007; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE, A RETROACTIVE APPLICABILITY DATE, AND A TERMINATION DATE." This legislation is the Federal Economic Stimulus Package of 2009. I monitored this legislation.

HB 630: "AN ACT REVISING LAWS RELATED TO REVOLVING FUNDS FOR RURAL IMPROVEMENT DISTRICTS AND SPECIAL IMPROVEMENT DISTRICTS; INCREASING THE AMOUNT OF MONEY THAT MAY BE REQUIRED FOR DEPOSIT IN REVOLVING FUNDS WHEN USED TO SECURE BONDS OR WARRANTS FOR IMPROVEMENTS; MAKING THE PURPOSES FOR WHICH EXCESS FUNDS IN RURAL IMPROVEMENT DISTRICT REVOLVING FUNDS MAY BE USED COMPARABLE TO THOSE OF SPECIAL IMPROVEMENT DISTRICT REVOLVING FUNDS; EXCLUDING TAXES LEVIED FOR THE REVOLVING FUNDS FROM MAXIMUMS IMPOSED ON THE CALCULATION OF CERTAIN OTHER LEVIES; AMENDING SECTIONS 7-12-2153, 7-12-2182, 7-12-2185, 7-12-2186, 7-12-4169, 7-12-4222, 7-12-4225,7-12-4227, AND 15-10-420, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE." I monitored this legislation.

HB 649: "AN ACT REVISING THE TAXATION OF CLASS EIGHT BUSINESS EQUIPMENT AND REVISING RELATED LAWS; INCREASING THE BUSINESS EQUIPMENT TAX EXEMPTION

THRESHOLD TO $150,000 OF MARKET VALUE; PROHIBITING CLASS EIGHT PROPERTY FROM BEING SEPARATED INTO DIFFERENT BUSINESS ENTITIES FOR DETERMINING WHETHER THE $150,000 THRESHOLD IS EXCEEDED; LIMITING DISCLOSURE OF TAX IDENTIFICATION NUMBERS OBTAINED IN ADMINISTERING THE EXEMPTION THRESHOLD; PROVIDING REIMBURSEMENTS TO LOCAL GOVERNMENTS, SCHOOL DISTRICTS, TAX INCREMENT FINANCING DISTRICTS, AND THE 6-MILL UNIVERSITY LEVY FOR LOSS OF PROPERTY TAX REVENUE; REVISING THE PROVISIONS OF THELOCAL GOVERNMENT ENTITLEMENT SHARE PAYMENT; REVISING THE PROVISIONS OF THE SCHOOL DISTRICT BLOCK GRANTS; PROVIDING THAT THE INCREASE IN THE EXEMPTION THRESHOLD OF CLASS EIGHT PROPERTY DOES NOT OCCUR IF CERTAIN LEGISLATION IS NOT ENACTED; REPEALING AN OBSOLETE BUSINESS EQUIPMENT REIMBURSEMENT TO LOCAL GOVERNMENT TAXING JURISDICTIONS; PROVIDING STATUTORY APPROPRIATIONS; AMENDING SECTIONS 7-1-2111, 15-1-121,

15-6-138, 15-10-420, 17-7-502, 20-9-406, 20-9-407, AND 20-9-630, MCA; REPEALING SECTION 15-1-112,MCA; AND PROVIDING A DELAYED EFFECTIVE DATE AND AN APPLICABILITY DATE." I monitored this legislation.

HB 572: "AN ACT ESTABLISHING A PROGRAM AND CRITERIA TO PROVIDE STATE MATCHING GRANTS FOR FEDERAL SMALL BUSINESS INNOVATIVE RESEARCH GRANTS OR FEDERAL SMALL BUSINESS TECHNOLOGY TRANSFER GRANTS; AMENDING SECTION 90-1-147, MCA; ANDPROVIDING AN EFFECTIVE DATE AND A CONTINGENT TERMINATION DATE." I monitored this legislation.

SB 300: "AN ACT INCREASING THE ASSESSMENT ON FERTILIZER SOLD IN MONTANA AND ADJUSTING THE PERCENTAGES OF THE ASSESSMENT TO BE USED BY THE COOPERATIVE EXTENSION SERVICE AND THE AGRICULTURAL EXPERIMENT STATION; AMENDING SECTIONS 80-10-103 AND 80-10-104, MCA; AND PROVIDING AN EFFECTIVE DATE." I supported this legislation.

SB 388: "AN ACT CREATING AN INCUMBENT WORKER TRAINING PROGRAM; PROVIDING CRITERIA FOR PARTICIPATION AND FOR AWARDS; AND PROVIDING RULEMAKING AUTHORITY." I monitored this legislation.

HB 675: "AN ACT ESTABLISHING AN ENERGY EDUCATION TRUST FUND TO SUPPLANT STATEWIDE SCHOOL PROPERTY TAX MILL LEVIES; PROVIDING THAT THE TRUST FUND RECEIVES REVENUE FROM ABOLISHING OIL AND GAS PRODUCTION TAX HOLIDAYS AND A PORTION OF THE COAL SEVERANCE TAX; PROVIDING FOR A DISTRIBUTION TO COUNTIES OF OIL AND GAS PRODUCTION TAX REVENUE; AMENDING SECTIONS 15-10-420, 15-36-303, 15-35-108, 15-36-304,15-36-331, 15-36-332, 20-9-308, 20-9-331, 20-9-333, AND 20-9-360, MCA; AND PROVIDING ANAPPLICABILITY DATE." The oil and gas production tax holiday has been credited with providing the oil and gas industry with the economic and financial incentive to increase drilling in Montana and thereby produce opportunities to develop such projects as Elm Coulee and the Bakken Formation. If this legislation were to pass, opportunities for such development could be eliminated; and, the corresponding economic development and jobs opportunities could also be greatly reduced or eliminated. I provided testimony in opposition to this legislation.

SB 462: "AN ACT CREATING A SEPARATE LIEN ON OIL OR GAS OR THE PROCEEDS OF OIL OR GAS FOR INTEREST OWNERS; CLARIFYING RIGHTS OF PURCHASERS; PROVIDING A PROCESS FOR CLAIMING A SECURITY INTEREST AND LIEN; PROVIDING A PERSONAL RIGHT OF ACTION; PROVIDING FOR PRIORITY OVER CERTAIN CONSTRUCTION LIENS; AND AMENDING SECTIONS 71-3-124, 71-3-1002, AND 71-3-1011, MCA." I continued to monitor this legislation.