76th OREGON LEGISLATIVE ASSEMBLY--2011 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 390
House Bill 3008
Sponsored by Representative J SMITH
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.
Sunsets all income or corporate excise tax credits and all
income or corporate excise tax deductions, subtractions or
exemptions created by state law. Retains tax expenditures
required by federal law, by Oregon Constitution or to avoid
double taxation.
Establishes Tax Expenditure Review Commission. Directs
commission to review all income or corporate excise tax
expenditures, report to Legislative Assembly and make
recommendations for proposed legislation. Sunsets commission on
date of convening of 2013 legislative session.
Takes effect on 91st day following adjournment sine die.
A BILL FOR AN ACT
Relating to tax expenditures; prescribing an effective date; and
providing for revenue raising that requires approval by a
three-fifths majority.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2011 Act is added to and made
a part of ORS chapter 314. + }
SECTION 2. { + (1) Notwithstanding any other provision of law,
a credit against the taxes imposed under ORS chapter 316, 317 or
318 that does not require certification, classification,
qualification or some other form of approval from a state agency
or unit of local government may not be claimed for an income or
corporate excise tax year beginning on the earlier of the date
otherwise provided by law or on or after January 1, 2016.
(2) Notwithstanding any other provision of law, if a credit
against the taxes otherwise imposed under ORS chapter 316, 317 or
318 requires certification, classification, qualification or some
other form of approval from a state agency or unit of local
government in order for the credit to be claimed, the
certification, classification, qualification or other approval
may not be issued for a credit to be first claimed by the
taxpayer on the earlier of the date otherwise provided by law or
for a tax year beginning on or after January 1, 2016.
(3) Notwithstanding any other provision of law, for income or
corporate excise tax purposes, a deduction, subtraction or
exemption from federal taxable income that was created solely by
an Act of the Legislative Assembly or by the people through the
initiative process may not be claimed on the earlier of the date
otherwise provided by law or for a tax year beginning on or after
January 1, 2016.
(4) This section does not apply to ORS 316.082, 316.131,
316.680 (1)(a), (f) or (g), 316.777, 316.783, 316.785, 316.787 or
317.379 or any other tax credit, deduction, subtraction or
exemption required by the laws or the United States Constitution
or the Oregon Constitution. + }
SECTION 3. { + (1) The Tax Expenditure Review Commission is
established.
(2) The commission shall consist of the following nine members:
(a) Two members appointed by the President of the Senate.
(b) Two members appointed by the Minority Leader of the Senate.
(c) Two members appointed by the Speaker of the House of
Representatives.
(d) Two members appointed by the Minority Leader of the House
of Representatives.
(e) One member appointed by the Governor.
(3) The purpose of the commission is to study and make
recommendations on the efficacy and continued desirability of
income and corporate excise tax expenditures.
(4) The commission shall prepare a written report and present
the report to those interim committees of the Seventy-sixth
Legislative Assembly having jurisdiction over tax and revenue
matters. The commission shall develop recommendations for
legislation to the Seventy-seventh Legislative Assembly.
(5) The commission shall use the services of permanent
legislative staff to the greatest extent practicable.
(6) All agencies of state government, as defined in ORS
174.111, are directed to assist the commission in the performance
of its duties and, to the extent permitted by laws related to
confidentiality, to furnish such information and advice as the
members of the commission consider necessary to perform their
duties.
(7) A majority of the members of the commission constitutes a
quorum for the transaction of business.
(8) Official action by the commission requires the approval of
a majority of the members of the commission.
(9) Members of the commission who are not members of the
Legislative Assembly are not entitled to compensation, but may be
reimbursed for actual and necessary travel and other expenses
incurred by them in the performance of their official duties, in
the manner and amounts provided for in ORS 292.495. Claims for
expenses shall be paid out of funds appropriated to the
Legislative Assembly for that purpose. + }
SECTION 4. { + Section 3 of this 2011 Act is repealed on the
date of the convening of the 2013 legislative session. + }
SECTION 5. { + This 2011 Act takes effect on the 91st day
after the date on which the 2011 session of the Seventy-sixth
Legislative Assembly adjourns sine die. + }
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