Bill Text: OR HB2895 | 2013 | Regular Session | Introduced

Oregon House Bill 2895 (Prior Session Legislation)

Bill Title: Relating to tax credits for livestock; prescribing an effective date.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2895 Detail]

Download: Oregon-2013-HB2895-Introduced.html



     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 3283

                         House Bill 2895

Sponsored by COMMITTEE ON ENERGY AND ENVIRONMENT

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Modifies income tax credit allowed for market value of
livestock killed by wolves by substituting tax credit for
nonlethal means to reduce wolf depredation.
  Applies to tax years beginning on or after January 1, 2014, and
before January 1, 2019.
  Takes effect on 91st day following adjournment sine die.

                        A BILL FOR AN ACT
Relating to tax credits for livestock; creating new provisions;
  amending section 2, chapter 65, Oregon Laws 2012; and
  prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. Section 2, chapter 65, Oregon Laws 2012, is amended
to read:
   { +  Sec. 2. + } (1) As used in this section,   { -  '
livestock' has the meaning given that term in ORS 610.150 - }
 { +  ' nonlethal means to reduce wolf depredation' includes:
  (a) Utilizing boxes, containers or receptacles for the
collection of solid waste and recyclable materials that wildlife
are not able to open;
  (b) Installing motion sensors, frightening devices or fencing;
  (c) Penning animals at night;
  (d) Removing animal carcasses from pastures; and
  (e) Using guard animals + }.
  (2) A credit against taxes imposed under ORS chapter 316 (or,
if the taxpayer is a corporation, under ORS chapter 317 or 318)
shall be allowed   { - for the current market value of any
livestock that belongs to the taxpayer and that is killed during
the tax year by a wolf - }   { + if, in a county that qualifies
for a grant under the wolf depredation compensation and financial
assistance grant program established in ORS 610.150, the taxpayer
implements nonlethal means to reduce wolf depredation. The amount
allowed under this section is $500 + }.
  (3) In order to qualify for the credit allowed under this
section, the taxpayer must obtain written certification from the
State Department of Fish and Wildlife as provided in subsection
(4) of this section.
  (4)(a) The State Department of Fish and Wildlife shall issue
written certification to taxpayers that are eligible to claim the
credit allowed under this section. Before issuing a certification
under this subsection, the department   { - must possess evidence
that the loss to a taxpayer's livestock is due to wolf
depredation. The evidence must include a finding by the
department or by a peace officer, as defined in ORS 161.015, that
wolf depredation was the probable cause of the loss - }
 { + shall verify that the taxpayer has satisfactorily
implemented nonlethal means to reduce wolf depredation + }.
  (b) The department may not issue certifications for more than
$37,500 in tax credits for any tax year. The department shall
issue certifications to taxpayers in the order in which completed
applications for certification are received by the department.
    { - (5) A credit allowed under this section shall be reduced
by any amount that a taxpayer has already received as
compensation for the killed livestock, including compensation
pursuant to ORS 610.150. - }
    { - (6) A taxpayer may not claim a credit under this section
for: - }
    { - (a) Any tax year that ends after the date on which the
State Fish and Wildlife Commission has, by rule, removed the wolf
from the list of endangered species established pursuant to ORS
496.172 (2); or - }
    { - (b) A loss to livestock killed after June 30, 2018. - }
    { - (7) - }   { + (5) + } If the amount allowable as a credit
under this section, when added to the sum of the amounts
allowable as payment of tax under ORS 316.187 (withholding), ORS
316.583 (estimated tax), other tax prepayment amounts and other
refundable credit amounts, exceeds the taxes imposed by ORS
chapters 314 and 316 for the tax year (reduced by any
nonrefundable credits allowable for purposes of ORS chapter 316
for the tax year), the amount of the excess shall be refunded to
the taxpayer as provided in ORS 316.502.
    { - (8) - }   { + (6) + } The credit shall be claimed on a
form prescribed by the Department of Revenue that contains the
information required by the department.
    { - (9) - }   { + (7) + } Any tax credit otherwise allowable
under this section that is not used by the taxpayer in a
particular tax year may be carried forward and offset against the
taxpayer's tax liability for the next succeeding tax year. Any
credit remaining unused in the next succeeding tax year may be
carried forward and used in the second succeeding tax year, and
likewise any credit not used in that second succeeding tax year
may be carried forward and used in the third succeeding tax year,
but may not be carried forward for any tax year thereafter.
    { - (10) - }   { + (8) + } In the case of a credit allowed
under this section:
  (a) A nonresident shall be allowed the credit in the proportion
provided in ORS 316.117.
  (b) If a change in the status of the taxpayer from resident to
nonresident or from nonresident to resident occurs, the credit
shall be determined in a manner consistent with ORS 316.117.
  (c) If a change in the taxable year of the taxpayer occurs as
described in ORS 314.085, or if the department terminates the
taxpayer's taxable year under ORS 314.440, the credit shall be
prorated or computed in a manner consistent with ORS 314.085.
  SECTION 2.  { + The amendments to section 2, chapter 65, Oregon
Laws 2012, by section 1 of this 2013 Act apply to tax years
beginning on or after January 1, 2014, and before January 1,
2019. + }
  SECTION 3.  { + This 2013 Act takes effect on the 91st day
after the date on which the 2013 regular session of the
Seventy-seventh Legislative Assembly adjourns sine die. + }
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