Helena, Montana 59601

Phone/Fax 406-443-2370

February 14, 2009

LOBBYIST ACTIVITY REPORT

2009 LEGISLATIVE SESSION

WEEK FIVE

(February 1, 2009 – February 7, 2009)

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

HB 240: "AN ACT REVISING THE TAXATION OF CLASS EIGHT BUSINESS EQUIPMENT AND RELATED LAWS; REDUCING THE TAX RATE ON CLASS EIGHT BUSINESS EQUIPMENT; INCREASING THE BUSINESS EQUIPMENT TAX EXEMPTION TO THE FIRST $100,000 OF MARKET VALUE OF PROPERTY; EXEMPTING FROM TAXATION ITEMS OF PERSONAL PROPERTY WITH A MARKET VALUE OF LESS THAN $100; PROHIBITING CLASS EIGHT PROPERTY FROM BEING SEPARATED INTO DIFFERENT BUSINESS ENTITIES FOR DETERMINING WHETHER THE $100,000 EXEMPTION IS EXCEEDED; PROVIDING FOR THE ALLOCATION OF EXEMPT CLASS EIGHT PROPERTY BY LOCATION; PROVIDING A REIMBURSEMENT TO LOCAL GOVERNMENTS AND TAX INCREMENT FINANCING DISTRICTS UNDER THE ENTITLEMENT SHARE PAYMENT, TO SCHOOL DISTRICTS THROUGH THE BLOCK GRANT PROGRAM, AND TO THE MONTANA UNIVERSITY SYSTEM THROUGH SUPPORT OF PUBLIC EDUCATION INSTITUTIONS FOR THE LOSS OF CLASS EIGHT AND CLASS TWELVE PROPERTY TAX REVENUE; CLARIFYING THE PROVISIONS OF THE ENTITLEMENT SHARE PAYMENT; CLARIFYING THE PROVISIONS OF THE SCHOOL DISTRICT BLOCK GRANTS; PROVIDING AN APPROPRIATION AND STATUTORY APPROPRIATIONS; AMENDING SECTIONS . . . ; AND PROVIDING EFFECTIVE DATES AND APPLICABILITY DATES." The proponents of this legislation contended that this legislation would provide tax reduction to individuals and small businesses. Opponents contended that this legislation is merely a “tax shift” from large corporate out-of-state businesses to in-state tax payers. I monitored this legislation.

SB 215: "AN ACT REMOVING FROM THE ENUMERATION OF COUNTY CHARGES THE REFERENCE TO THE COUNTY'S RESPONSIBILITY FOR ONE-HALF OF A COUNTY ATTORNEY'S SALARY; AND AMENDING SECTION 7-6-2426, MCA." I provided testimony in support of this proposed legislation.

SB 78: "AN ACT CLARIFYING THE MILL LEVY LIMIT FOR SOIL CONSERVATION DISTRICTS; AMENDING SECTION 76-15-515, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE." This proposed legislation is basically a “house cleaning” bill to clarify the language in the law and eliminate conflicting language with other existing laws. I monitored this legislation.

HB 9: "AN ACT ESTABLISHING PRIORITIES FOR CULTURAL AND AESTHETIC

PROJECTS GRANT AWARDS; APPROPRIATING MONEY FOR CULTURAL AND AESTHETIC GRANTS; AND PROVIDING AN EFFECTIVE DATE." A portion of HB 9 would provide funding for a Cultural and Aesthetic Grant to the MonDak Historical and Art Society, in the amount of $10,300.00. These funds would be used for operational support. I provided testimony in support of the approval of funding for this grant.

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." The purpose of this legislation is to put Montana in a position for partnering with the federal government on the development of intercity rail lines within Montana. To accomplish this, the Department of Transportation would be required to update the Montana State Rail Plan to comply with the provisions of the Passenger Rail Investment and Improvement Act of 2008, This legislation would require that a progress report be completed and presented to the Revenue and Transportation Interim Committee prior to December 1, 2009. One of the issues to be included in the study is the feasibility of passenger service on the southern Montana route through Bozeman, Billings and Glendive. I monitored this legislation.

SB 265: "AN ACT AUTHORIZING AN URBAN TRANSPORTATION DISTRICT BOARD TO IMPOSE A MOTOR FUEL EXCISE TAX IF APPROVED BY THE RESIDENTS OF THE DISTRICT; PROVIDING ALLOWED USES OF THE TAX REVENUE; PROVIDING FOR COLLECTION OF THE TAX BY THE COUNTY TREASURER; ALLOWING FOR RETENTION OF CERTAIN PERCENTAGES OF TAX REVENUE FOR ADMINISTRATION AND COLLECTION OF THE TAX; AMENDING SECTIONS . . . ; AND, PROVIDING AN EFFECTIVE DATE." This legislation would allow an “Urban Transportation District Board” to impose a local motor fuel excise tax within the boundaries of the District. The revenue raised by this local tax could be used for infrastructure projects within the Urban Transportation District. I monitored this legislation.

HB 152: "AN ACT CREATING THE QUALITY SCHOOLS FACILITY GRANT PROGRAM; PROVIDING FOR FUNDING OF THE PROGRAM THROUGH THE SCHOOL FACILITY AND TECHNOLOGY ACCOUNT; PROVIDING FOR ADMINISTRATION OF THE PROGRAM THROUGH THE DEPARTMENT OF COMMERCE; ESTABLISHING CRITERIA AND PRIORITIES FOR THE AWARD OF GRANTS; DEPOSITING CERTAIN TIMBER HARVEST REVENUE, CERTAIN MINERAL ROYALTIES, AND POWER SITE RENTAL PAYMENTS IN THE SCHOOL FACILITY AND TECHNOLOGY ACCOUNT; STATUTORILY APPROPRIATING $1 MILLION A YEAR FOR GRANTS FOR SCHOOL TECHNOLOGY PURPOSES; APPROPRIATING $12 MILLION TO THE DEPARTMENT OF COMMERCE TO AWARD SCHOOL FACILITY PROJECT GRANTS, MATCHING PLANNING GRANTS, AND EMERGENCY GRANTS TO PUBLIC SCHOOL DISTRICTS FOR SCHOOL FACILITIES DURING THE 2011 BIENNIUM; AMENDING SECTIONS . . . ; AND PROVIDING EFFECTIVE DATES AND AN APPLICABILITY DATE." I monitored this legislation.

HB 276: "AN ACT ESTABLISHING LIABILITY FOR MEDICAL COSTS INCURRED BY PERSONS IN INTERACTION WITH LAW ENFORCEMENT; PROVIDING A STATUTORY APPROPRIATION TO PAY FOR A PORTION OF PREDETENTION MEDICAL COSTS; REVISING THE METHOD FOR DETERMINING THE RATE OF REIMBURSEMENT FOR MEDICAL COSTS INCURRED BY PERSONS IN DETENTION; AMENDING SECTIONS . . . ; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY DATE." I provided testimony in opposition to this legislation.

HB 361: "AN ACT AUTHORIZING THE CREATION OF ENERGY IMPROVEMENT DISTRICTS; PROVIDING FOR THE ISSUANCE OF BONDS TO BE USED TO FUND LOANS TO PROPERTY OWNERS WITHIN AN ENERGY IMPROVEMENT DISTRICT FOR THE PURPOSES OF FINANCING THE INSTALLATION OF DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES OR ENERGY EFFICIENCY IMPROVEMENTS THAT ARE PERMANENTLY FIXED TO RESIDENTIAL, COMMERCIAL, INDUSTRIAL, OR OTHER REAL PROPERTY; CLARIFYING THE AUTHORITY OF LOCAL GOVERNMENTS TO RENOVATE PRIVATE RESIDENCES FOR ENERGY CONSERVATION AND EFFICIENCY; AMENDING SECTIONS . . . ; AND PROVIDING AN EFFECTIVE DATE." I monitored this legislation.

SB 279: "AN ACT CREATING THE MONTANA EDUCATOR ENHANCEMENT ACT; ESTABLISHING A TEACHER SIGNING BONUS PROGRAM TO PROVIDE 300 SIGNING BONUSES; PROVIDING A ONE-TIME $10,000 SIGNING BONUS, PAID OVER 3 YEARS, TO BEGINNING TEACHERS WHO ARE PRIMARILY MONTANA GRADUATES WORKING IN RURAL AREAS; PROVIDING ELIGIBILITY CRITERIA; EXEMPTING A SIGNING BONUS FROM MONTANA TAXES; AMENDING SECTION 15-30-111, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE, AN APPLICABILITY DATE, AND A TERMINATION DATE." This legislation would provide funding for 300 signing bonuses to beginning teachers. The amount to each beginning teacher would be paid over 3 years. It needs to be noted that any legislation that requires increased expenditures from the General Fund is being closely scrutinized by the Legislature. I am monitoring this legislation.

HB 10: "AN ACT APPROPRIATING MONEY FOR INFORMATION TECHNOLOGY CAPITAL PROJECTS FOR THE BIENNIUM ENDING JUNE 30, 2011; PROVIDING FOR MATTERS RELATING TO THE APPROPRIATIONS; PROVIDING FOR A TRANSFER OF FUNDS FROM THE GENERAL FUND TO THE LONG-RANGE INFORMATION TECHNOLOGY PROGRAM ACCOUNT; PROVIDING FOR THE DEVELOPMENT AND ACQUISITION OF NEW INFORMATION TECHNOLOGY SYSTEMS FOR THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES, THE DEPARTMENT OF ADMINISTRATION, THE DEPARTMENT OF REVENUE, AND THE DEPARTMENT OF LABOR AND INDUSTRY; AUTHORIZING THE ISSUANCE OF EMPLOYMENT SECURITY REVENUE BONDS; PLEDGING FUNDS IN THE EMPLOYMENT SECURITY ACCOUNT FOR THE REPAYMENT OF THE BONDS; PROVIDING TERMS AND CONDITIONS FOR THE BONDS; AUTHORIZING THE CREATION OF STATE DEBT; AMENDING SECTION 39-51-409, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE." This legislation would, among other things, provide $2,000,000.00 to continue the work that has been started under the Interoperability Montana Program. The Interoperability Montana Program would develop a Statewide Radio System for Montana that would allow all of the law enforcement, disaster and emergency services organizations and Homeland Security to communicate with each other. This program has received funding from a variety of federal, state and local government agencies. I monitored this legislation.