News From The Front

Friday 4.8.11 | Vol. 11.14

To Our Tourism Partners:

Today is the 79th Legislative Day. The Legislature has decided to take tomorrow off. We are hearing that the legislature is going to try to finish early so many of the remaining bills are being fast tracked. Three bills of great importance to the tourism industry are still in play.

HB 316 A bill to redistribute certain revenue and income to state general fund- including 10% of the lodging tax, sponsored by Representative Cook was heard in the Senate Finance and Claims Committee. When the Committee took Executive Action, Senator Priest offered a successful amendment to take out the lodging tax. The amendment passed 10-8.

The bill then passed out of committee and it now moves to the Senate Floor where it will be discussed in the next few days. While we are pleased with the amendment to HB 316 we need to emphasize that this bill is still very controversial. For example, a provision to add in a diversion from Oil and Gas Counties was added to the bill to help fund K-12 education and as a result we are hearing the majority leadership is considering an amendment to reinstate the 10% lodging tax diversion. If you have an opinion to share with your Senators it is important that they hear from you.

HB 317 Sunset statutory appropriations over certain periods sponsored by Representative Cook passed out of Senate Finance and Claims. This bill includes the lodging tax which would be one of the first to sunset June 30, 2014. This bill has been opposed by the Department of Commerce and the Tourism Advisory Council. As stated in the fiscal note, it assumes statutory appropriations end, but the funding necessary to continue the applicable programs will be included in future versions of the general appropriations act (HB 2). Therefore, if the bill were to pass in its current form, during the next legislative session, all of the lodging tax funded programs would need to be included in the Executive Budget HB 2 for the second year of the biennium. If you have an opinion to share with your Senators it is important that they hear from you.

SB 253 Eliminate certain individual and corporation tax credits, introduced by Senator Lake, was heard in the House Taxation Committee. This bill is also tied to SB 372 which lowers business equipment tax. The new version of the bill is now on the LAWS system. Representative Kelly Flynn offered a successful amendment to eliminate the Big Sky on the Big Screen Act from the bill. The bill was subsequently passed by the committee then referred to the House Appropriations Committee. Again we may see an attempt to amend the film program back into the bill.

The LAWS site http://laws.leg.mt.gov/laws11/LAW0200W$.startup can provide you with the ability to listen to the minutes of all the legislative committee hearings.

I would remind you that legislators listen best to their constituents. The legislature has a system for contacting representatives by e-mail http://leg.mt.gov/css/sessions/62nd/legwebmessage.asp or you may leave messages for legislators using the Session Information Desk at 406-444-4800. Messages will be delivered to the lawmakers.

House Bill 2, the general funding bill of the state, is in a Free Conference Committee. The Governor has stated that he will veto the bill in its current form.

Highlights for the week:

HB 2 (McNutt): General Appropriates Act is in a Free Conference Committee.

HB 9 (Hollenbaugh): Cultural and aesthetic grants. It is scheduled for second reading in the Senate today on April 8.

HB 316 (Cook): A bill to redistribute certain revenue and income to state general fund- including 10% of the lodging tax. As mentioned above, the lodging tax was removed from the bill before it passed out of Senate Finance and Claims. This bill needs to be transmitted back to the House by April 13.

HB 317 (Cook): Sunset statutory appropriations over certain periods. As mentioned above, this bill includes the lodging tax which would be one of the first to sunset June 30, 2014. As stated in the fiscal note it assumes statutory appropriations end, but the funding necessary to continue the applicable programs will be included in future versions of the general appropriations act (HB 2). Therefore if the bill were to pass in its current form, during the next legislative session, all of the lodging tax funded programs would need to be included in the Executive Budget HB 2 for the second year of the biennium. This bill needs to be transmitted back to the House by April 11

HB 375 (Cook): Reduce certain general fund transfers. This bill would reduce funding to state parks. The bill was amended in the Senate Finance and Claims Committee. It is will be heard on the Senate Floor in the next few days.

SB 43 (Keane): Revise the primitive parks act. The passed and will be sent to the Governor’s Office.

Legislative Activity next week:

SB 253 (Lake): Eliminate certain individual and corporation tax credits. As mentioned above, this bill would eliminate a bunch of tax credits. The “Big Sky on the Big Screen Act” film incentive was amended out of the bill, but the bill was then rereferred to the House Appropriations Committee.

The chart below is for introduced bills that may have direct impact on the accommodation tax or issues important to the tourism and film industry. I have removed bills that missed the transmittal deadline.

When looking at the status of a bill on this chart, here are some helpful hints:

Referred to committee means the bill has been assigned to the committee, but the hearing date has not been set.
Hearing means a hearing is scheduled.

* after status indicates the bill is probably dead
Total number of Introduced Bills - 40
Total number of Introduced and Unintroduced Bills - 93

Bill Type - Number	LC Number	Primary Sponsor	Status	Status Date	Short Title
HB 2	LC0119	Walter McNutt	(S) Hearing -- (S) Free Conference	04/07/2011; 3:00 PM, Rm 317	General Appropriations Act
HB 5	LC0122	Jon C Sesso	(S) Scheduled for 3rd Reading	04/08/2011	Long-range building appropriations
HB 9	LC0126	Galen Hollenbaugh	(S) Scheduled for 2nd Reading	04/08/2011	Cultural and aesthetic grants
HB 98	LC0419	Jeffery W Welborn	Chapter Number Assigned	03/25/2011	Direct proceeds from sale of state parks; deposit in state parks spec. rev. fund
HB 111	LC0230	Wayne Stahl	(S) Returned to House with Amendments	04/02/2011	Improving tax administration by depositing state agency lodging tax in gen fund
HB 196	LC0662	Pat Connell	(H) Sent to Enrolling	04/06/2011	Provide that Dept. of Commerce assist local gov't with fed land management props
HB 225	LC0179	Jeffery W Welborn	(H) Transmitted to Governor	03/30/2011	Clarify environmental review requirements for snowmobile trail programs
HB 258	LC1919	Champ Edmunds	(S) Hearing -- (S) Conference	04/08/2011; noon, Rm 350	Revise definition of guest ranch
HB 270	LC0835	Steve Lavin	(H) Signed by Governor	04/01/2011	Provide for Trooper Haynes memorial highway
HB 316	LC0527	Rob Cook	(S) Committee Report--Bill Concurred as Amended -- (S) Finance and Claims	04/07/2011	Redistribute certain revenue and income
HB 317	LC0970	Rob Cook	(S) Committee Report--Bill Concurred as Amended -- (S) Finance and Claims	04/07/2011	Sunset statutory appropriations over certain periods
HB 370	LC1833	Carolyn Squires	(S) Hearing -- (S) Fish and Game	04/07/2011; 3:00 PM, Rm 422	Increase motor vehicle fee for state parks and Virginia & Nevada Cities
HB 375	LC0525	Rob Cook	(S) Committee Report--Bill Concurred as Amended -- (S) Finance and Claims	04/05/2011	Reduce certain general fund transfers
HB 458	LC1886	Jeffery W Welborn	(S) Committee Report--Bill Concurred -- (S) Business, Labor, and Economic Affairs	03/28/2011	Revise laws related to outfitting and net client hunter use
HB 477	LC2117	Roy Hollandsworth	(S) Committee Report--Bill Concurred -- (S) Finance and Claims	04/07/2011	Revise lodging facility use tax allocation to Montana historical society
HB 528	LC2152	Frank Smith	(H) Transmitted to Governor	03/30/2011	Revise laws regarding cowboy hall of fame
HB 559	LC2187	John Esp	(H) Returned with Governor's Proposed Amendments	04/07/2011	Generally revise health laws for seasonal establishments
HB 577	LC1223	Wayne Stahl	(S) Committee Report--Bill Concurred -- (S) Business, Labor, and Economic Affairs	04/07/2011	Revise taxes by removing tip income for workers' compensation purposes
HB 607	LC1974	Jeffery W Welborn	(S) Committee Report--Bill Concurred -- (S) Fish and Game	04/07/2011	Clarifying procedure for sale of B10 nonresident big game combo licenses
HB 621	LC2199	Duane Ankney	(S) Hearing -- (S) Agriculture, Livestock and Irrigation	04/07/2011; 3:00 PM, Rm 335	Revise aquatic invasive species laws and provide appropriation
HB 632	LC1241	Janna Taylor	(S) Hearing -- (S) State Administration	04/08/2011; 3:00 PM, Rm 335	Use spendable portion of coal sev. tax to pay down UAL in PERS, TRS, SRS, GWPORS
HJ 1	LC0414	Mike Milburn	(H) Filed with Secretary of State	03/24/2011	Resolution urging federal legislation removing wolf from Endangered Species list
HJ 2	LC0205	Roy Hollandsworth	(H) Missed Deadline for Revenue Bill Transmittal*	03/30/2011	Revenue estimating resolution
HJ 4	LC0561	Ken Peterson	(H) Filed with Secretary of State	03/10/2011	Resolution opposing designation of national monuments without state's consent
HJ 32	LC1258	Pat Connell	(H) Hearing -- (H) Fish, Wildlife and Parks	04/07/2011; 3:00 PM, Rm 152	Resolution to study state parks, recreation, heritage programs
SB 3	LC0245	Bob Hawks	(S) Transmitted to Governor	04/06/2011	Require state agencies to report on heritage properties
SB 43	LC0417	Jim Keane	(S) Signed by President	04/08/2011	Revise the primitive parks act
SB 118	LC0767	Larry Jent	(S) Transmitted to Governor	04/04/2011	Revise laws on leasing of outfitter/guide equipment to include contracting
SB 144	LC0176	John Brenden	(H) Tabled in Committee -- (H) Fish, Wildlife and Parks	03/25/2011	Revise laws governing translocation of bison; prohibit free-roaming bison
SB 174	LC2008	Gene Vuckovich	(S) Signed by President	04/08/2011	Prohibit state funds for movement or relocation of bison to Spotted Dog WMA
SB 179	LC1702	Art Wittich	(S) Transmitted to Governor	04/08/2011	Memorialize trooper David Delaittre
SB 213	LC2083	Gene Vuckovich	(S) Transmitted to Governor	04/08/2011	Designate Montana Highway 1 Pintler Veterans' Memorial Scenic Highway
SB 253	LC1694	Bob Lake	(H) Rereferred to Committee -- (H) Appropriations	04/07/2011	Eliminate certain individual and corporation tax credits
SB 291	LC1639	Ryan Zinke	(H) Tabled in Committee -- (H) State Administration	03/18/2011	Disclosure of state publications and media expenses
SB 301	LC2086	Rick Ripley	(H) Tabled in Committee -- (H) Fish, Wildlife and Parks	03/25/2011	Moratorium on land purchases by dept. of fish, wildlife, and parks
SB 338	LC2147	Ron Arthun	(S) 2nd Reading House Amendments Not Concurred	04/07/2011	Revise laws regarding certain officials and public service announcements
SB 343	LC1877	Verdell Jackson	(H) Scheduled for 2nd Reading	04/08/2011	Revise Montana aquatic invasive species act
SB 411	LC2197	Ron Erickson	(H) Hearing -- (H) Taxation	04/07/2011; 8:00 AM, Rm 152	Revise administration of tax interest, penalties and delinquencies
SJ 6	LC0589	Alan Olson	(S) Returned from Enrolling	04/04/2011	Resolution regarding federal land use policy
SJ 16	LC1598	Tom Facey	(S) Tabled in Committee* -- (S) Highways and Transportation	03/24/2011	Study resolution on increasing passenger rail in Montana

Unintroduced Bill

* after status indicates the bill is probably dead
Total number of Unintroduced Bills - 53

Bill Draft No. (LC No.)	Requestor	Status	Status Date	Short Title
LC0175	John Brenden	(C) Draft On Hold	12/09/2010	Provide for reversion of Fish, Wildlife, and Parks funds to general fund
LC0473	Lynda Moss	(C) Draft On Hold	11/08/2010	Resolution promoting children and nature
LC0475	Lynda Moss	(C) Draft On Hold	11/11/2010	Develop preservation and interpretation strategies for historic sites in SE Mont
LC0505	Llew Jones	(C) Draft On Hold	10/15/2010	Generally revise statutory appropriations
LC0506	Llew Jones	(C) Draft On Hold	10/15/2010	Generally revise statutory appropriations
LC0526	Roy Hollandsworth	(C) Draft On Hold	10/19/2010	Transfer certain state special revenue fund balances to general fund
LC0685	Tom McGillvray	(C) Draft Ready for Delivery	01/03/2011	Revise laws governing transportation permitting
LC1224	Wayne Stahl	(C) Draft On Hold	12/03/2010	Generally revise taxation
LC1230	Wayne Stahl	(C) Draft On Hold	12/04/2010	Generally revise taxation
LC1297	Margaret (Margie) MacDonald	(C) Draft On Hold	12/05/2010	Generally revise tax laws
LC1302	Chuck Hunter	(C) Draft On Hold	01/11/2011	Revise vacancy and election process within resort area districts
LC1304	Ryan Zinke	(C) Draft On Hold	12/09/2010	Revise public recreation and events limits of liability
LC1331	Rick Ripley	(C) Draft On Hold	01/09/2011	Create a land banking program including no net gain within FWP
LC1396	Jeff Essmann	(C) Draft On Hold	12/05/2010	Generally revise fish, wildlife, and parks
LC1397	Jeff Essmann	(C) Draft On Hold	12/05/2010	Generally revise hunting and fishing laws
LC1398	Jeff Essmann	(C) Draft On Hold	12/05/2010	Generally revise recreation laws
LC1399	Jeff Essmann	(C) Draft On Hold	12/08/2010	Generally revise land access
LC1457	Mary Caferro	(C) Draft On Hold	01/22/2011	Generally revise tax code
LC1458	Mary Caferro	(C) Draft On Hold	01/22/2011	Generally revise tax code
LC1466	Dan Skattum	(C) Draft On Hold	02/08/2011	Generally revise tax law
LC1468	Dan Skattum	(C) Draft On Hold	12/10/2010	Generally revise tax law
LC1547	Betsy Hands	(C) Draft Ready for Delivery	01/19/2011	refunds for skier if ski lifts inoperable for 1 hour or more
LC1559	Mike Menahan	(C) Draft to Requester for Review	02/23/2011	Create bond program to build Montana Historical Society museum
LC1575	Mark Blasdel	(C) Draft On Hold	12/05/2010	Generally revise tax laws
LC1581	Mark Blasdel	(C) Draft On Hold	12/23/2010	Generally revise gross receipt tax
LC1582	Mark Blasdel	(C) Draft Ready for Delivery	02/23/2011	Revise taxation of class eight business equipment
LC1588	Michele Reinhart	(C) Draft Request Received	12/05/2010	Generally revise tax laws
LC1589	Michele Reinhart	(C) Draft Request Received	12/05/2010	Generally revise tax laws
LC1615	Michele Reinhart	(C) Draft Request Received	12/05/2010	Generally revise tax laws
LC1641	Ryan Zinke	(C) Draft Ready for Delivery	02/07/2011	Prohibit discrimination on bed tax use based on tourism organization membership
LC1709	Duane Ankney	(C) Draft On Hold	12/08/2010	Generally revise taxation
LC1714	Douglas (Doug) Kary	(C) Draft On Hold	02/08/2011	Revise tax laws
LC1720	Sue Malek	(C) Draft On Hold	01/13/2011	Generally revise tax laws
LC1721	Sue Malek	(C) Draft On Hold	01/13/2011	Generally revise tax laws
LC1722	Chas Vincent	(C) Draft On Hold	02/16/2011	Generally revise laws related to state boards and commissions
LC1784	Kelly Flynn	(C) Draft On Hold	01/18/2011	Establishing stewardship access program
LC1821	Jim Peterson	(C) Draft Request Received	12/23/2010	Generally revise taxes
LC1862	John Esp	(C) Draft On Hold	02/05/2011	Generally revise stream access law
LC1883	Bruce Tutvedt	(C) Draft Request Received	12/31/2010	Generally revise tax laws
LC1885	Kelly Flynn	(C) Draft On Hold	12/31/2010	Revise laws related to nonresident hunting licenses
LC1887	Jeffery W Welborn	(C) Draft On Hold	12/31/2010	Generally revise laws related to outfitting
LC1907	Donald J Steinbeisser	(C) Draft On Hold	01/15/2011	Generally revise fish, wildlife, and parks laws
LC1927	John Brenden	(C) Draft On Hold	01/03/2011	Revise laws relating to fish, wildlife, and parks
LC1945	Ryan Osmundson	(C) Draft On Hold	01/04/2011	Provide interstate compact on national monuments & wilderness govt coordination
LC1951	Jim Peterson	(C) Draft On Hold	01/09/2011	Generally revise wildlife management
LC1975	Mark Blasdel	(C) Draft On Hold	01/03/2011	Generally revise tax laws
LC1978	Mark Blasdel	(C) Draft On Hold	01/03/2011	Generally revise tax laws
LC2039	Anders Blewett	(C) Draft On Hold	02/19/2011	Revise credit for preservation of historic buildings
LC2079	Diane Sands	(C) Draft Ready for Delivery	02/14/2011	Resolution urging Congress, President, and TSA to reconsider search procedures
LC2131	Taylor Brown	(C) Draft On Hold	02/01/2011	Revise designation for Montana cowboy hall of fame
LC2137	Cliff Larsen	(C) Draft On Hold	01/17/2011	Generally revise fish, wildlife, and parks laws
LC2207	(S) Finance and Claims Standing Committee	(C) Draft On Hold	03/23/2011	Generally revise fees
LC2208	(S) Finance and Claims Standing Committee	(C) Draft On Hold	03/23/2011	Generally revise allocation of revenues

“Probably Dead" is a Bill Progress Category, and is assigned to those bills that have been voted down or missed a transmittal deadline, and to those bill drafts that have been canceled.

To revive a bill that is "probably dead" typically requires a supermajority vote (usually a 2/3 vote) by the House or Senate.

Your active participation is critical to assure that the tourism and film industry has a voice at the table. Please stay involved!

If you have any questions, please do not hesitate to contact me.

Until next week…

Anna Marie Moe
Acting Division Administrator
Montana Promotion Division
amoe@mt.gov

MONTANA PROMOTION DIVISION
PO Box 200533 • Helena MT 59620-0501
406.841.2870 • 406.841.2871 (fax)

Friday 4.8.11 | Vol. 11.14

Unintroduced Bill

* after status indicates the bill is probably dead Total number of Unintroduced Bills - 53

* after status indicates the bill is probably dead
Total number of Unintroduced Bills - 53