Bill Text: OR HB4070 | 2012 | Regular Session | Introduced

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Bill Title: Relating to state finance; prescribing an effective date.

Sponsorship: Partisan Bill (Republican 13)

Status: (Failed) 2012-03-05 - In committee upon adjournment. [HB4070 Detail]

Download: Oregon-2012-HB4070-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2012 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 40

                         House Bill 4070

Sponsored by Representative HUFFMAN; Representatives BREWER,
  CAMERON, ESQUIVEL, KRIEGER, PARRISH, SHEEHAN, THATCHER, WAND,
  WHISNANT, WINGARD, Senator OLSEN (Presession filed.)

                             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.

  Applies sunsets to filing fee provisions and certain corporate
tax provisions of Ballot Measure 67 (2010).
  Reduces corporate minimum tax on corporations with sales of $1
million or more. Reduces corporate excise tax rates. Repeals $150
entity tax on partnerships. Applies to tax years beginning on or
after January 1, 2012.
  Decreases filing fee for specified documents delivered to
Secretary of State. Decreases maximum filing fee for financing
statements and other records related to Uniform Commercial Code.
Decreases maximum application fee for appointment as notary
public. Applies to documents and records filed, applications made
and fees collected on or after effective date of Act.
  Takes effect on 91st day following adjournment sine die.

                        A BILL FOR AN ACT
Relating to state finance; creating new provisions; amending ORS
  56.041, 56.140, 79.0525, 194.020, 317.061 and 317.090 and
  section 8, chapter 745, Oregon Laws 2009; repealing ORS 314.725
  and section 10, chapter 745, Oregon Laws 2009; and prescribing
  an effective date.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 317.090 is amended to read:
  317.090. (1) As used in this section:
  (a) 'Oregon sales' means:
  (A) If the corporation apportions business income under ORS
314.650 to 314.665 for Oregon tax purposes, the total sales of
the taxpayer in this state during the tax year, as determined for
purposes of ORS 314.665;
  (B) If the corporation does not apportion business income for
Oregon tax purposes, the total sales in this state that the
taxpayer would have had, as determined for purposes of ORS
314.665, if the taxpayer were required to apportion business
income for Oregon tax purposes; or
  (C) If the corporation apportions business income using a
method different from the method prescribed by ORS 314.650 to
314.665, Oregon sales as defined by the Department of Revenue by
rule.
  (b) If the corporation is an agricultural cooperative that is a
cooperative organization described in section 1381 of the
Internal Revenue Code, 'Oregon sales' does not include sales
representing business done with or for members of the
agricultural cooperative.
  (2) Each corporation or affiliated group of corporations filing
a return under ORS 317.710 shall pay annually to the state, for
the privilege of carrying on or doing business by it within this
state, a minimum tax as follows:
  (a) If Oregon sales properly reported on a return are:
  (A)   { - Less than - }  $500,000 { +  or less + }, the minimum
tax is $150.
  (B)  { + More than + } $500,000   { - or more, but less than $1
million - } , the minimum tax is $500.
    { - (C) $1 million or more, but less than $2 million, the
minimum tax is $1,000. - }
    { - (D) $2 million or more, but less than $3 million, the
minimum tax is $1,500. - }
    { - (E) $3 million or more, but less than $5 million, the
minimum tax is $2,000. - }
    { - (F) $5 million or more, but less than $7 million, the
minimum tax is $4,000. - }
    { - (G) $7 million or more, but less than $10 million, the
minimum tax is $7,500. - }
    { - (H) $10 million or more, but less than $25 million, the
minimum tax is $15,000. - }
    { - (I) $25 million or more, but less than $50 million, the
minimum tax is $30,000. - }
    { - (J) $50 million or more, but less than $75 million, the
minimum tax is $50,000. - }
    { - (K) $75 million or more, but less than $100 million, the
minimum tax is $75,000. - }
    { - (L) $100 million or more, the minimum tax is
$100,000. - }
  (b) If a corporation is an S corporation, the minimum tax is
$150.
  (3) The minimum tax is not apportionable (except in the case of
a change of accounting periods), and is payable in full for any
part of the year during which a corporation is subject to tax.
  SECTION 2. ORS 317.061, as amended by section 9, chapter 745,
Oregon Laws 2009, is amended to read:
  317.061. The rate of the tax imposed by and computed under this
chapter is  { - : - }
    { - (1) - }  six and six-tenths percent { + . + }   { - of
the first $10 million of taxable income, or fraction thereof;
and - }
    { - (2) Seven and six-tenths percent of any amount of taxable
income in excess of $10 million. - }
  SECTION 3. Section 8, chapter 745, Oregon Laws 2009, is amended
to read:
   { +  Sec. 8. + } The amendments to ORS 317.061 by section
7 { + , chapter 745, Oregon Laws 2009, + }   { - of this 2009
Act - }  apply to tax years beginning on or after January 1,
2011, and before January 1,
  { - 2013 - }  { +  2012 + }.
  SECTION 4.  { + (1) The amendments to ORS 317.090 by section 1
of this 2012 Act and the repeal of ORS 314.725 by section 13 of
this 2012 Act apply to tax years beginning on or after January 1,
2012.
  (2) The amendments to ORS 317.061 by section 2 of this 2012 Act
apply to tax years beginning on or after January 1, 2012. + }
  SECTION 5. ORS 56.140 is amended to read:
  56.140.   { - (1) The Secretary of State shall collect a
nonrefundable fee of $100 for each of the following documents
delivered to the Secretary of State for filing: - }
    { - (a) Articles of incorporation delivered for filing under
ORS 58.085. - }

    { - (b) Articles of incorporation delivered for filing under
ORS 60.051. - }
    { - (c) Articles of incorporation delivered for filing under
ORS 62.511. - }
    { - (d) Articles of organization delivered for filing under
ORS 63.051. - }
    { - (e) Applications for registration delivered for filing
under ORS 67.590. - }
    { - (f) Certificates of limited partnership delivered for
filing under ORS 70.075. - }
    { - (g) Trust documents delivered for filing under ORS
128.575. - }
    { - (h) Articles of incorporation delivered for filing under
ORS 554.020. - }
    { - (2) The Secretary of State shall collect a nonrefundable
fee of $100 for annual reports delivered for filing by an entity
subject to a fee under subsection (1) of this section, and for
any other related document that the entity is allowed or required
to file with the Secretary of State. - }
    { - (3) The Secretary of State shall collect a nonrefundable
fee of $275 for each of the following documents delivered to the
Secretary of State for filing: - }
    { - (a) Applications for authority to transact business in
this state delivered under ORS 58.134, 60.707, 63.707 or
67.710. - }
    { - (b) Applications for registration under ORS 70.355. - }
    { - (c) Annual reports delivered for filing by an entity
subject to a fee under paragraph (a) or (b) of this subsection,
and for any other related document that the entity is allowed or
required to file with the Secretary of State. - }
    { - (4) - }  { +  (1) + }   { - For documents other than
those specified in subsections (1), (2) and (3) of this
section, - }  Except as provided in ORS 65.787 (6), the Secretary
of State shall collect a nonrefundable fee of $50 for each
document delivered for filing to the Secretary of State as part
of the secretary's business registry functions described in ORS
56.022.
    { - (5) - }   { + (2) + } The Secretary of State by rule may
establish fees, in addition to those provided for in
 { - subsections (1) to (4) - }  { + subsection (1) + } of this
section, for:
  (a) Copying any public record maintained by the secretary and
relating to the secretary's business registry functions, and for
certifying the copy; and
  (b) Certifying to other facts of record, including certificates
of existence, relating to the secretary's business registry
functions.
    { - (6) - }   { + (3) + } The Secretary of State shall
collect a nonrefundable fee of $20 each time process that is
related to the Secretary of State's business registry functions
is served on the Secretary of State.
    { - (7) - }  { +  (4) + } The Secretary of State may waive
collection of any fee, charge or interest or portion of a fee,
charge or interest that is collectible by the Secretary of State
as part of the secretary's business registry functions.
    { - (8) - }   { + (5) + } The Secretary of State by rule
shall establish and collect reasonable fees for the following
services relating to the secretary's business registry functions:
  (a) Computer generated lists on electronic data processing
media.
  (b) Terminal access to the files of the office.
  (c) Microfilm records of the files of the office.
  (d) Microfilm processing and development services.
  (e) Copies of the programs and files on paper or electronic
data processing media.

  SECTION 6.  { + The amendments to ORS 56.140 by section 5 of
this 2012 Act apply only to documents filed with the Secretary of
State on or after the effective date of this 2012 Act. + }
  SECTION 7. ORS 56.041 is amended to read:
  56.041. (1) The Operating Account is established in the General
Fund of the State Treasury.
  (2) The net amount accruing to the Secretary of State from all
fees, charges, interest, fines, penalties and miscellaneous
revenues from all sources relating to business registry
functions, and moneys received by the Secretary of State under
ORS chapters 79 and 194 and ORS 80.100 to 80.130, 87.246, 87.767
and 87.806 to 87.831 shall, after deduction of refunds, be paid
over to the State Treasurer and deposited at least monthly in the
Operating Account.
  (3) Moneys deposited to the credit of the Operating Account are
continuously appropriated to the Secretary of State for the
expenses of carrying out the functions and duties of the
Secretary of State relating to business registry, and the
functions and duties of the Secretary of State under ORS chapters
79 and 194 and ORS 80.100 to 80.130, 87.246, 87.767 and 87.806 to
87.831.
  (4) At the end of each month, the Secretary of State shall
determine the number of business registry filings during the
month for which the Secretary of State collected the
 { - fees - }  { +  fee + } described in ORS 56.140 (1)   { - to
(4) - } . An amount equal to   { - $20 - }   { + $30 + } for each
of those filings shall be   { - deposited by the Secretary of
State in the Operating Account. The Secretary of State shall then
deposit all other moneys from the fees collected during the month
under ORS 56.140 (1) to (4) in the General Fund. Amounts
deposited to the General Fund under this subsection are - }
 { + transferred to the General Fund and shall become + }
available for general governmental expenses.
   { +  (5) As of July 1 of each year, any unexpended and
unobligated balance in the Operating Account that is in excess of
the amount that is necessary to administer the functions and
duties of the Secretary of State as described in subsection (3)
of this section for two months, as certified by the Secretary of
State, shall be transferred to the General Fund and shall become
available for general governmental expenses. + }
  SECTION 8.  { + The amendments to ORS 56.041 by section 7 of
this 2012 Act first apply to fees for business registry filings
collected on or after the effective date of this 2012 Act. + }
  SECTION 9. ORS 79.0525 is amended to read:
  79.0525. (1) Except as otherwise provided in subsection (4) of
this section, the nonrefundable fee for filing and indexing a
record under ORS 79.0501 to 79.0528 may not exceed   { - $15 - }
 { +  $10 + }.
  (2) The number of names required to be indexed does not affect
the amount of the fee in subsection (1) of this section.
  (3) The nonrefundable fee for responding to a request for
information from the filing office, including for communicating
whether there is on file any financing statement naming a
particular debtor, may not exceed:
  (a) $10 for each distinct debtor name to be searched;
  (b) $5 for copies of Uniform Commercial Code documents relating
to each distinct debtor name to be searched, in addition to the
fee in paragraph (a) of this subsection; and
  (c) $5 for each request by document number for copies of
Uniform Commercial Code documents.
  (4) This section does not require a fee with respect to a
record filed or recorded in the filing office described in ORS
79.0501 (1)(a). However, the recording and satisfaction fees that
otherwise would be applicable to the record apply.
  (5) The Secretary of State shall adopt rules prescribing fees
for providing summaries and compilations that are not debtor
specific and for providing copies of records, as described in ORS
79.0523 (6), that are not debtor specific.
  SECTION 10.  { + The amendments to ORS 79.0525 by section 9 of
this 2012 Act apply only to records filed under ORS 79.0501 to
79.0528 on or after the effective date of this 2012 Act. + }
  SECTION 11. ORS 194.020 is amended to read:
  194.020. (1) To defray costs incurred by the Secretary of State
to process the application made under ORS 194.014, each applicant
for appointment as a notary public shall pay in advance to the
Secretary of State a nonrefundable application fee not to exceed
 { - $40 - }  { +  $20 + }.
  (2) Any fee received by the Secretary of State under subsection
(1) of this section shall be deposited in the State Treasury and
credited to the Operating Account under ORS 56.041, and is in
lieu of any fee charged under ORS 177.130.
  SECTION 12.  { + The amendments to ORS 194.020 by section 11 of
this 2012 Act apply only to applications made under ORS 194.014
on or after the effective date of this 2012 Act. + }
  SECTION 13.  { + (1) ORS 314.725 is repealed.
  (2) Section 10, chapter 745, Oregon Laws 2009, is repealed. + }
  SECTION 14.  { + This 2012 Act takes effect on the 91st day
after the date on which the 2012 regular session of the
Seventy-sixth Legislative Assembly adjourns sine die. + }
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