As used in these rules, the following words and phrases have the following meanings:

(1) "Department" means the Department of Commerce.

(2) "Production" means a nationally or regionally distributed feature-length film, short film, documentary, television series or segment, television pilot, magazine advertising, other than advertising for tobacco products, or commercial made in Montana, in whole or in part, for theatrical, television, video, internet, or other viewing. The term does not include the production of television coverage of news and athletic events or a film, video, internet production, television series, magazine advertising, or commercial that:

(a) contains any obscene material or performance as described in 45-8-201(2), MCA; or

(b) is produced in whole or in part with money received for tobacco product placement, advertisement, or other tobacco use in the production.

(3) "Production company" means a company engaged in the business of producing nationally or regionally distributed productions.

(a) The term does not include a company owned, affiliated, or controlled by, in whole or in part, a company or person that is in default on a loan made by this state or a loan guaranteed by this state or a company or person that has filed for bankruptcy.

(4) "State-certified production" means a production certified by the department as provided in 15-31-904, MCA and produced by a production company that has a national or regional distribution plan, including but not limited to a major theatrical exhibition, film festival, television network, cable television programming, magazine advertising, or video or internet distribution.