Legislative Activity > 2005 Legislative Report
Oregon Metals Industry Council
2005 Oregon Legislative Report

Note: A full 2005 Oregon Metals Industry Council Legislative Report can be obtained by contacting OMIC at (503) 363-7084 or pacounsel@pacounsel.org.

INTRODUCTION

“It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness…” (Charles Dickens, A Tale of Two Cities)

“This is like déjà vu all over again.” (Yogi Berra)

Amid declarations that it would be efficient and short and erase from all memories the record-long 2003 session, the 2005 session opened with a bang on January 10, 2005 and screeched to a halt with a collective yawn 210 days later on August 5, 5005 at 6:20 am.

The second longest session in Oregon history was not without its accomplishments. Broad bipartisan support resulted in the toughest and most innovative laws in the country aimed at combating the meth epidemic. After decades of battling between advocates and business, a mental health parity bill was adopted on near unanimous votes. Scholarship opportunities for students in need in public higher education system were significantly enhanced.

Although there were some successes, the 2005 session may be remembered more vividly for what was not accomplished. The lost opportunities were many and both houses of the Legislature, both parties and the Governor all shared the distinction, at times, of grasping defeat from the jaws of victory. Partisan lockdown and gubernatorial absenteeism plagued the session from start to finish. It was no surprise that many important issues were left on the table at sine die.

In the House where the Republicans held a 33-27 majority, leadership was highly concentrated and effective. Speaker Karen Minnis (R-Fairview) and Majority Leader Wayne Scott (R-Canby) were a cohesive and mutually supportive team that brought predictability to the process in the House. When Rep. Scott was also named co-chair of the Joint Ways and Means Committee after an unexpected resignation, the focus of power was complete. The Democrat minority in the House had less impact on the House agenda than in any recent session. There was not a single issue where the Democrats were able to recruit sufficient House Republicans to “roll” leadership.

In the Senate, Democrats held control for the first time in a decade with a seemingly strong majority. They also found that governing the body was a challenge. For much of the session, the Senate Democrats looked like the winner in the movie “The Candidate” who, after the returns were in looked at his campaign manager and said, “What do we do now?” The reality of managing a majority with many independent free spirits was a constant, and occasionally fruitless, battle for Democrat leadership. The result was that the final work product of the Senate was much less ambitious than its opening agenda.

For the first session since 2001, sufficient state general funds were available to provide necessary state services. One would think that as a result, budget haggling was not what caused the extraordinary length of the session. That certainly was not the case. Once again the single greatest contributing factor to the length of session was what is becoming a biennial stare-down over K-12 funding. Despite what was considered a generous K-12 budget by most, some education advocates insisted on prolonging the session in hopes of garnering more funds. Eventually, reality set in among Democrat leaders that House Republicans were not going to fold just because they wanted to close down the session, and a final budget agreement was reached.

For the Oregon Metals Industry Council, the 2005 session presented an array of challenges.

With Democrat control in the Senate, the environmental community dusted off many proposals that had been set aside when both chambers were under Republican control and also brought forward some new bad ideas. The most pitched battle was over a proposal to eliminate toxic mixing zones. If this had passed, Oregon would have been the only state to have such a provision in law. This bill failed because the Democrat proponents were not even able to muster the 16 votes needed to pass it in the Senate.

On the taxation side, the session produced mixed results. Implementation of the 100% single sales factor was accelerated from July 1, 2008 to July 1, 2005. The cap on research and developments credits was raised from $750,000 annually to $2.0 million.  On the disappointing side, the reconnect to the federal tax code did not include the income subtraction opportunity created in the federal 2004 American Jobs Creation Act for qualified production activities. A concerted effort to extend the pollution control tax credit program to 2016 was swept off the table on the last day of session at the insistence of the Democrats. This program will sunset on December 31, 2007 if it is not extended during the 2007 Legislative session.

A major victory was achieved with the passage of SB 408 which requires investor owned utilities to refund to ratepayers amounts that have been assessed for federal and state taxes, but have actually not been paid. This was a high profile fight between the utilities and industrial, commercial and residential ratepayer groups that was sparked by the fact that Enron had collected, and not paid, millions in taxes over the years of its ownership of PGE.

The following report details all the legislation that Public Affairs Counsel tracked and monitored for the member companies of the Oregon Metals Industry Council.  

HIGHEST PRIORITY LEGISLATION

SB 31


SB 31 became the primary vehicle at the end of session for dealing (or not dealing) with a variety of taxation issues important to businesses in Oregon. It is important to remember that the closing discussions concerning this bill were very partisan in nature and no features that were not acceptable to both the Democrats and the Republicans were included in the final version.

SB 31 selectively reconnects Oregon to the federal tax code. The disconnected piece of importance to the metals industry are the provisions in the 2004 American Jobs Creation Act that provided a qualified production activities subtraction from income. Democrats refused to include this important provision.

The bill did include an acceleration of the single sales (100% sales factor) corporate apportionment formula. The 100% factor is now effective July 1, 2005 instead of July 1, 2008. This is expected to have a significant positive impact on the tax liability of companies that are situated in Oregon and have invested in facilities and workforce.

SB 31 also increases Oregon’s research and development tax credit to $2.0 million beginning January 1, 2006. The current limit is $750,000.

The bill also contains a very narrow corporate sales "throwback" exemption for sales that are shipped from a public warehouse. The state Department of Revenue will engage in rulemaking to set in place the eligibility requirements under this provision.

Under the measure, the energy tax credit is expanded to taxpayers who purchase large solar electric systems who may now receive a credit up to 50% of the costs of the system.

REFERRED TO SENATE REVENUE

SENATE PASSED, 18 AYES

REFERRED TO HOUSE REVENUE

HOUSE PASSED A-ENGROSSED, 54 AYES

SENATE ADOPTED CONFERENCE COMMITTEE REPORT, 29 AYES

HOUSE ADOPTED CONFERENCE COMMITTEE REPORT, 59 AYES

PRESIDENT SIGNED

SPEAKER SIGNED

GOVERNOR SIGNED

 

SB 408


SB 408 requires that investor owned utilities (IOU’s) must pay back to ratepayers monies assessed and collected for taxes to the state or federal government, but not actually paid.

This bill engendered a fierce battle between the utilities and business and consumer ratepayer groups. The fact that Enron had collected millions in taxes that were not paid to the state or federal government set the stage for SB 408. While the Governor signed the bill (to do otherwise would have been political suicide) he lamented that all the parties did not reach a consensus approach. This was impossible given the polarized positions of the parties.

In the end, the bill passed with very comfortable, bipartisan margins in both chambers. The Public Utility Commission was given the authority to implement the measure which ought to result in significant utility bill savings for industrial customers.

REFERRED TO SENATE BUSINESS AND ECONOMIC DEVELOPMENT

SENATE PASSED B-ENGROSSED, 26 AYES

REFERRED TO HOUSE STATE AND FEDERAL AFFAIRS

HOUSE PASSED C-ENGROSSED, 54 AYES

SENATE CONCURRED, 30 AYES

PRESIDENT SIGNED

SPEAKER SIGNED

GOVERNOR SIGNED

 

HB 3481


HB 3481 was the vehicle chosen to attempt to extend the pollution control tax credit program. That program is currently due to sunset on December 31, 2007.

The bill also included a variety of incentives, including eligibility for pollution control tax credits, for Oregon’s fledgling biofuel and biomass industries. Originally, proponents of biofuels wanted the legislation to include mandates requiring that biofuels to used to an unspecified degree in Oregon. The House deleted that requirement.

Ultimately, HB 3481 did not pass the Senate because the environmental community insisted on the biofuel mandates and total end of the pollution control tax credit program. Since the House would not approve those features, the bill was doomed. The 2007 Legislative session will be the last opportunity to extend the tax credit program prior to its scheduled sunset date.

REFERRED TO HOUSE ENVIRONMENT

REFERRED TO HOUSE REVENUE

HOUSE PASSED B-ENGROSSED, 46 AYES

REFERRED TO SENATE REVENUE

SENATE PASSED D-ENGROSSED, 20 AYES

DIED IN CONFERENCE COMMITTEE

SB 555


SB 555 was the primary bill brought forward by environmental groups to phase out all mixing zones over a 10 to 12 year period. The measure would have also made it a crime to dump toxics at concentrations that exceeded State toxicity standards. The bill contained two very narrow exceptions that might have let a few facilities out from underneath its application.

The chair of the Senate Environment Committee, Sen. Charlie Ringo (D-Beaverton), strongly supported the bill and gave its proponents several well-publicized hearings. Ultimately, Senate Democratic leadership realized that the votes were not there to pass SB 555 on the floor and the bill died in committee upon adjournment.

During the course of the legislative debate over SB 555, some environmentalists threaten to bring forward a ballot measure if the bill did not pass. It remains to be seen whether this will occur.

DIED IN SENATE ENVIRONMENT AND LAND USE

SB 45


Allows Department of Environmental Quality or State Department of Agriculture to issue individual, general or watershed water pollution discharge permits.

Specifies that departments may issue permits by order or rule.

Allows departments to use fees from water pollution discharge permits to administer any water pollution control program.

Directs Department of Environmental Quality to report annually to Environmental Quality Commission and legislature on administration of watershed approach to permits.

Allows commission to increase fees for certain permits based on anticipated cost of program.

REFERRED TO SENATE WAYS AND MEANS

REFERRED TO SENATE ENVIRONMENT AND LAND USE

REFERRED TO SENATE BUDGET

SENATE PASSED A-ENGROSSED, 26 AYES

REFERRED TO HOUSE STATE AND FEDERAL AFFAIRS

REFERRED TO HOUSE BUDGET

HOUSE PASSED A-ENGROSSED, 53 AYES

PRESIDENT SIGNED

SPEAKER SIGNED

GOVERNOR SIGNED

 

SB 532


SB 532 would have directed Environmental Quality Commission to adopt, by January 1, 2009, and periodically revise water quality plan to reduce amount of persistent bioaccumulative toxics being discharged into Type I mixing zones. It would have defined terms.

The bill would have required Department of Environmental Quality to test fish in Type I mixing zones that are likely to accumulate persistent bioaccumulative toxics before issuance or renewal of permit allowing discharge of waste into Type I mixing zone.

It would have required permit holders to monitor waste discharge and make monthly reports to department, and require permit holders who discharge persistent bioaccumulative toxics into Type I mixing zones at concentrations causing waters of zone to fail to meet water quality and purity standards to pay for installation and maintenance of marker systems around perimeters of zones.

REFERRED TO SENATE ENVIRONMENT AND LAND USE

DIED IN SENATE BUDGET SUBCOMMITTEE ON NATURAL RESOURCES

 

SB 652


This bill would have directed Department of Environmental Quality to create program for testing for toxic substances in fish found in waters of state.

DIED IN SENATE ENVIRONMENT AND LAND USE

 

SB 1008


SB 1008 would have created Oregon Community Power as public corporation and established Oregon Community Power governance structure. It would have authorized Governor to activate Oregon Community Power, and upon activation, directed Oregon Community Power to negotiate to acquire Portland General Electric Company and, upon successful negotiation, to acquire Portland General Electric Company. The bill would have allowed City of Portland to assign right to acquire Portland General Electric Company to Oregon Community Power, if activated.

It would have prohibited Oregon Community Power from purchasing federal preference power, and authorized Oregon Community Power to enter into financing agreements and revenue bonds to finance acquisition.

The bill would have provided that any person that acquires Portland General Electric Company also assume certain nuclear power plant obligations. Governor Kulongoski ended up vetoing SB 1008 at the urging of the investor owned utilities.

REFERRED TO SENATE BUSINESS AND ECONOMIC DEVELOPMENT

SENATE PASSED A-ENGROSSED, 17 AYES

REFERRED TO HOUSE ELECTIONS AND RULES

HOUSE PASSED B-ENGROSSED, 45 AYES

SENATE CONCURRED, 22 AYES

SPEAKER SIGNED

PRESIDENT SIGNED

GOVERNOR VETOED

 

HB 3455


HB 3455 would have modified the definition of pollution control facility and increases percentages of facility costs that are eligible for income tax credit. The bill would have provided dates for which modifications and increased percentages apply and for sunset of pollution control tax credit program.

It would have prevented taxpayers from claiming pollution control facility tax credit and other tax credits for same facility.

It also would have expanded business energy tax credit to include renewable energy equipment manufacturing facilities, and increased percentage of cost allowed as tax credit. The bill would have increased allowable size of solar electric system for which alternative energy device tax credit may be claimed.

DIED IN HOUSE REVENUE

 

SB 671


This bill would have authorized Public Utility Commission to issue qualified rate order requiring utility to collect charges from customers, revenues of which are used to fund utility acquisition costs. It would have prohibited modification of qualified rate order or impairment of value of intangible acquisition property. This was the mutual utility corporation option. Governor Kulongoski vetoed SB 671.

REFERRED TO SENATE BUSINESS AND ECONOMIC DEVELOPMENT

REFERRED TO SENATE RULES

SENATE PASSED A-ENGROSSED, 19 AYES

REFERRED TO HOUSE ELECTIONS AND RULES

HOUSE PASSED A-ENGROSSED, 43 AYES

PRESIDENT SIGNED

SPEAKER SIGNED

GOVERNOR VETOED

SB 681


SB 681 sought to prohibit storage or disposal of hazardous materials and radioactive materials at solid waste disposal sites established in exclusive farm use zones. It would have prohibited storage or disposal of solid waste, hazardous materials or radioactive materials at sites in exclusive farm use zones on which land application of reclaimed water, agricultural or industrial process water or biosolids is allowed. If SB 681 had passed in its original form, at least one landfill operated by an OMIC member company would have been closed down.

DIED IN SENATE ENVIRONMENT AND LAND USE

HB 5135


HB 5135 is the DEQ budget bill for 2005-2007. Overall, the Legislature increased the DEQ appropriation by 0.8% over the Governor’s proposed budget. General Fund support was 4.5% less than what the Governor recommended.

A budget note was included that requires DEQ, the Department of Geology and Mines, the Department of State Lands, the Department of Fish and Wildlife, the Department of Land Conservation and Development and the Water Resources Department to work on streamlining the delivery of water-related permitting programs. A report on this is due by April 30, 2006.

The bill also contained language prohibiting DEQ from adopting administrative rules related to the California Car Emission standards program. The Governor subsequently exercised his line item veto authority to strike this provision.

REFERRED TO HOUSE BUDGET

HOUSE PASSED A-ENGROSSED, 32 AYES

REFERRED TO SENATE BUDGET

SENATE PASSED B-ENGROSSED, 16 AYES

HOUSE CONCURRED, 35 AYES

SPEAKER SIGNED

PRESIDENT SIGNED

HB 5141


Approves certain new or increased fees adopted by Department of Environmental Quality. Fee modifications affect the stormwater program, 401 certification and the on-site program.

Declares emergency, effective July 1, 2005.

REFERRED TO HOUSE BUDGET

HOUSE PASSED A-ENGROSSED, 55 AYES

REFERRED TO SENATE BUDGET

SENATE PASSED A-ENGROSSED, 19 AYES

SPEAKER SIGNED

PRESIDENT SIGNED

GOVERNOR SIGNED

HB 5027


HB 5027 sought to approve certain new or increased fees adopted by Department of Environmental Quality.

DIED IN HOUSE WAYS & MEANS SUBCOMMITTEE ON NATURAL RESOURCES

SB 1082


This bill sought to authorize electric companies to enter into contracts to purchase electricity from certain forest biomass electricity generation plants located on tribal lands at prices that make plants economically feasible. It would have required Public Utility Commission to allow electric companies to recover costs associated with contracts from all ratepayers, thereby subsidizing electric costs on tribal lands only.

DIED IN SENATE RULES

 

HB 2664


HB 2664, the infamous "buoy bill", sought to require person discharging wastes into waters of state to mark area with buoys, markers or signs if discharge causes waters to violate standards for water quality or purity established by Environmental Quality Commission.

DIED IN HOUSE WATER

HB 2884


HB 2884 would have modified requirements for certification of facilities as eligible for pollution control facility tax credit to limit certification to facilities that are wholly voluntary and not otherwise required under federal, state or regional authority law.

DIED IN HOUSE BUSINESS, LABOR AND CONSUMER AFFAIRS

SB 43


Modifies provisions relating to toxics use reporting. Exempts hazardous wastes generated from remedial action and one-time events and certain raw materials for which there is no substitute from reporting requirement. Allows Environmental Quality Commission to modify threshold amounts for reporting to reflect changes in federal regulations. Requires toxics user to complete toxics use reduction and hazardous waste reduction plan or have environmental management system. Requires toxics user to submit implementation summary.  Requires Department of Environmental Quality to make implementation summaries available to public, including on World Wide Web. Allows department to impose civil penalties.

REFERRED TO SENATE ENVIRONMENT AND LAND USE

SENATE PASSED A-ENGROSSED, 27 AYES

REFERRED TO HOUSE ENVIRONMENT

HOUSE PASSED A-ENGROSSED, 43 AYES

PRESIDENT SIGNED

SPEAKER SIGNED

GOVERNOR SIGNED

 

SB 618


SB 618 began as a bill that would have mandated that all employers provide private areas where employees could breastfeed or express milk. The bill was amended to delete all employer mandates and as passed allows employers, with 25 or more employees, to provide unpaid rest periods to accommodate employees who are nursing.

REFERRED TO SENATE HEALTH POLICY

SENATE PASSED A-ENGROSSED, 22 AYES

REFERRED TO HOUSE BUSINESS, LABOR AND CONSUMER AFFAIRS

HOUSE PASSED B-ENGROSSED, 57 AYES

SENATE CONCURRED, 29 AYES

PRESIDENT SIGNED

SPEAKER SIGNED

GOVERNOR SIGNED

 

SB 653


SB 653 would have directed Department of Environmental Quality to establish program for testing of waters and sediment in Willamette River and its tributaries.

The bill would have directed Oregon Watershed Enhancement Board to prioritize funding of restoration and enhancement of habitat within Willamette River basin.

It would have allowed State Parks and Recreation Department to use lottery moneys to finance acquisition of land and easements in Willamette River Greenway.

DIED IN SENATE ENVIRONMENT AND LAND USE

 

SB 722


SB 722 would have increased fine for second conviction for unlawful water pollution in first degree within five-year period.

DIED IN SENATE ENVIRONMENT AND LAND USE

 

SB 723


This bill would have increased penalty for second conviction for unlawful air pollution in first degree within five-year period.

DIED IN SENATE ENVIRONMENT AND LAND USE

 

SB 1075


This bill would have created or expands tax incentives for production facilities producing ethanol, biofuel or certain fuel additives, for agricultural production of biofuel raw materials or biomass used for certain energy production, for research and development related to biofuel production and for bus tailpipe emission reduction devices. 

It would have created grant program to reduce emissions from school buses, and continuously appropriated moneys to Department of Education for purposes of grant program to replace or retrofit school buses.

The bill would have extended period for which pollution control facilities may be certified for tax credits, and created fuel tax incentive for use of biofuels.

SB 1075 would have created exemption from energy facility siting requirements for energy facilities using certain organic matter for conversion to energy, and prohibited sales of gasoline that contain certain additives.      

DIED IN SENATE RULES

 

HB 3031


This bill sought to expand pollution control facility income tax credit to include biofuel production facilities. It would have provided that alternative methods for field sanitation and straw utilization and disposal may not be certified for pollution control facility tax credit.

DIED IN HOUSE ENVIRONMENT

 

HB 5026


This bill sought to appropriate moneys from General Fund to Department of Environmental Quality for certain biennial expenses.

It would have limited biennial expenditures from fees, moneys or other revenues, including Miscellaneous Receipts, specified bond proceeds and specified federal funds, collected or received by department, and limited biennial expenditures from lottery moneys allocated from Parks and Natural Resources Fund to department.

Specified nonlimited expenditures would have been authorized.

DIED IN HOUSE WAYS & MEANS SUBCOMMITTEE ON NATURAL RESOURCES

 

HB 5029


HB 5029 would have appropriated moneys from General Fund to State Department of Fish and Wildlife for certain biennial expenses.

The bill would have limited biennial expenditures from fees, moneys or other revenues, including Miscellaneous Receipts, but excluding lottery funds and federal funds, collected or received by department, and limited biennial expenditure by department of lottery moneys from Parks and Natural Resources Fund.

Biennial expenditures by department from federal funds would have also been limited.

It would have authorized specified nonlimited expenditures.

DIED IN HOUSE WAYS & MEANS SUBCOMMITTEE ON NATURAL RESOURCES

 

HB 2542


HB 2542 would have established connection date of December 31, 2004, for changes to Internal Revenue Code that are unrelated to definition of taxable income, and adopted connection to 2005 federal law permitting early deduction for tsunami relief contribution.

It would have authorized Department of Revenue to adopt rules establishing who may represent taxpayers in proceedings before department, and required department to model rule after federal regulation establishing who may represent taxpayers before Internal Revenue Service.

The bill sought to conform definition of "qualifying child" for tax credit purposes to federal law.

It would have required taxpayer that elects to deduct state and local sales taxes for federal tax purposes to make same election for state tax purposes and to add amount deducted to federal taxable income for state tax purposes.

The bill would have increased earned income tax credit and makes credit refundable. This passed in SB 31.

It would have also disconnected from federal tax deduction for qualified production activities income and federal tax exclusion for certain prescription drug plan subsidies.

REFERRED TO HOUSE REVENUE

SENATE PASSED A-ENGROSSED, 37 AYES

REFERRED TO SENATE REVENUE

SENATE PASSED B-ENGROSSED, 18 AYES

DIED IN CONFERENCE COMMITTEE

 

SB 382


SB 382 would have reduced personal income tax rates, including rates imposed on capital gains.  It would have increased state earned income tax credit and made earned income tax credit refundable.

The threshold level of estates of decedents that are not subject to Oregon inheritance tax would have been increased.

The bill would have established principal residence property tax exemptions for homesteads of seniors or persons with household income below threshold level, and increased the elderly rental assistance program.

The bill would have enacted uniform sales and use tax administration provisions, and directed the Department of Revenue to enter into Streamlined Sales and Use Tax Agreement. A sales tax on sales of tangible personal property or services would have been imposed, as well as, a tax on the use of tangible personal property purchased out-of-state.

The sales and use tax provisions would become operative on January 1, 2006, and apply to transactions occurring on or after January 1, 2006, but would not become operative if Streamlined Sales and Use Tax Agreement was not executed prior to January 1, 2006.

DIED IN SENATE REVENUE

 

SB 453


SB 453 would have reduced income and corporate excise tax rates imposed on capital gains. The reduction would have been phased in over a three-year period.

DIED IN SENATE REVENUE

 

SB 456


This bill would have phased in reductions in personal income tax rates and elimination of taxation of net capital gain over two-step interval. The phase-in of tax reductions would have begun in tax years beginning on or after January 1, 2006, and completed phase-in of reductions for tax years beginning on or after January 1, 2008.

DIED IN SENATE REVENUE

 

SB 866


SB 866 would have established credit against income or corporate excise tax for expansion in full-time employment by certain employers. It would have provided that expansion must exceed threshold level of employment.

The bill would have established credit against income or corporate excise tax for health insurance premiums paid by employer on behalf of employees.

REFERRED TO SENATE BUSINESS AND ECONOMIC DEVELOPMENT

DIED IN SENATE REVENUE

 

HB 2332


HB 2332 sought to allow a taxpayer to subtract from federal taxable income percentage of net capital gain for purposes of calculating Oregon taxable income. It would have phased in the subtraction over specified time periods.

Applies to tax years beginning on or after January 1, 2007, for personal income taxpayers and January 1, 2008, for corporate income and excise taxpayers.

 

REFERRED TO HOUSE REVENUE

HOUSE PASSED A-ENGROSSED, 34 AYES

DIED IN SENATE REVENUE

 

HB 3490


This bill sought to require addition to taxable income for Oregon tax purposes of certain income otherwise excluded from federal taxable income.

DIED IN HOUSE REVENUE

 

HB 2368


HB 2368 would have increased the corporate excise and income tax credit limits for qualified research and basic research, and extended the number of years taxpayer can carry forward tax credits.

DIED IN HOUSE REVENUE

 

HB 2396


HB 2396 would have prohibited units of local government from imposing industry-specific sales tax. This bill would have permitted the collection of otherwise prohibited tax if ordinance or other law imposing tax took effect or became operative before January 1, 2005.

DIED IN HOUSE REVENUE

 

HB 2574


HB 2574 sought to reduce the rate of tax on capital gains of personal income and corporate income and excise taxpayers. It would have been phased in reduction.

DIED IN HOUSE REVENUE

 

HB 2625


HB 2625 would have increased corporate minimum taxes applicable to C corporations and S corporations.

DIED IN HOUSE REVENUE

 

HB 2890


This bill sought to increase minimum tax imposed on corporations, including S corporations.

DIED IN HOUSE REVENUE

 

HB 3114


This bill sought to create income tax credit for qualified investments in new machinery and equipment. It would have limited total amount of credit that maybe claimed in biennium and limits amount each taxpayer may claim, and provided applicability and sunset provisions for credit.

HB 3114 would have reduced rate of tax on capital gains of personal income and corporate income and excise taxpayers, and phased in reduction.

The bill would have increased corporate minimum taxes applicable to C corporations and S corporations.

DIED IN HOUSE REVENUE

 

HB 3232


This bill would have increased the maximum amount of research and development income tax credit and alternative research and development income tax credit that corporations may be allowed.

REFERRED TO HOUSE REVENUE

HOUSE PASSED, 46 AYES

DIED IN SENATE REVENUE

 

HB 3233


HB 3233 would have allowed certain corporations to sell tax credit allowed for research and development expenses.

It would have exempted amount received for sale from state income tax.

DIED IN HOUSE REVENUE

 

HB 2082


HB 2082 would have granted legislative approval of authority for the Department of State Lands to administer permits for discharge of dredge or fill materials under Section 404 of Federal Water Pollution Control Act.

DIED IN HOUSE WATER

 

HB 3104


This bill would have expressed legislative finding that Mid-Willamette Valley Council of Governments, as local government entity, is eligible to apply for grants from State Parks and Recreation Department to improve marine access    on specified segment of Willamette River. It would have allowed Mid-Willamette Valley Council of Governments to contract with other entities to perform dredging and other maintenance activities.

REFERRED TO HOUSE WATER

HOUSE PASSED A-ENGROSSED, 39 AYES

DIED IN SENATE RULES

 

SB 364


Creates Workforce 2005 Task Force to examine career and technical education in grades 7 through 12 and higher education.

Sunsets on January 2, 2008.

Declares emergency, effective on passage.

REFERRED TO SENATE EDUCATION AND WORKFORCE

REFERRED TO SENATE WAYS AND MEANS

REFERRED TO SENATE BUDGET SUBCOMMITTEE ON EDUCATION

SENATE PASSED B-ENGROSSED, 27 AYES

REFERRED TO HOUSE BUDGET

HOUSE PASSED B-ENGROSSED, 53 AYES

PRESIDENT SIGNED

SPEAKER SIGNED

GOVERNOR SIGNED

 

SB 472


SB 472 sought to prohibit state agencies from adopting any rule that is more stringent than federal requirement unless the state agency establishes conclusively that conditions in Oregon are unique or so different that application of federal requirement would not achieve intent of federal law or rule. It would have allowed the adoption of a noncomplying rule if a rule if an emergency exists.

DIED IN SENATE GENERAL GOVERNMENT

 

HB 2208


HB 2208 would have established rules and procedures for establishing record when petition for judicial review is filed in circuit court challenging order other than contested case issued by state agency. The bill would have allowed person who is qualified to file petition to request that agency consider additional evidence related to order, and establish timelines and procedures for transmission of agency record to court. It would have also awarded to agency costs of preparing record in certain circumstances, and provided that review of order other than contested case by court is confined to record transmitted to court and certain additional evidence that may be included in record.  The bill would have provided that court may not substitute its judgment for that of agency as to any issue of fact or agency discretion.

DIED IN HOUSE JUDICIARY SUBCOMMITTEE ON CIVIL LAW

 

HB 3135


This bill sought to require applicant for energy facility site certificate to obtain land use approval from local government. Modifies provisions relating to exception process if local government fails to concur with Energy Facility Siting Council decision. It would have required council to direct State Department of Energy to review environmental impact of proposed facility. The bill would have allowed site certificate to be granted if facility meets council's recommended guidelines for energy generation, conservation and regional consumption. Factors that the council must consider in adopting guidelines would have been specified, and it would have required disclosure of financial ability and criminal history by applicant.

It also would have created Task Force on Regional Energy Policy and specifies duties and powers of task force.

REFERRED TO HOUSE LAND USE

DIED IN HOUSE ENVIRONMENT

 

SB 81


Allows public utility to charge customer different rate for energy if difference arises from optional schedule or tariff that takes into account customer's past energy usage and provides price incentives designed to encourage changes in customer's energy usage.

Directs Public Utility Commission to require that electric companies mitigate rate increases resulting from specified conditions by providing rate credits to particular class of customers. This was the compromise bill for the Klamath Basin farmers and Pacific Corp.

Declares emergency, effective on passage.

REFERRED TO SENATE BUSINESS AND ECONOMIC DEVELOPMENT

SENATE PASSED, 22 AYES

REFERRED TO HOUSE BUSINESS, LABOR AND CONSUMER AFFAIRS

HOUSE PASSED A-ENGROSSED, 47 AYES

SENATE CONCURRED, 22 AYES

PRESIDENT SIGNED

SPEAKER SIGNED

GOVERNOR SIGNED

 

SB 489


Repeals provisions allowing appeal of Public Utility Commission orders to circuit court. Allows judicial review by Court of Appeals as provided for orders in contested cases under Administrative Procedures Act. Makes other technical changes.  

Applies to all proceedings before commission, whether commenced before, on or after effective date of Act, except as specified.

REFERRED TO SENATE JUDICIARY

SENATE PASSED A-ENGROSSED, 25 AYES

REFERRED TO HOUSE STATE AND FEDERAL AFFAIRS

HOUSE PASSED B-ENGROSSED, 57 AYES

SENATE CONCURRED, 22 AYES

PRESIDENT SIGNED

SPEAKER SIGNED

GOVERNOR SIGNED

 

SB 511


SB 511 would have changed expenditures to be made from electric utility public purpose charge moneys. It would have eliminated expenditures for school district energy audits and implementation of audits, and increased low-income electric bill payment assistance.

DIED IN SENATE GENERAL GOVERNMENT

 

HB 3503


HB 3503 would have required Public Utility Commission to file with Department of Revenue annual report providing information concerning amount of income taxes commission has estimated would be state taxes of utility. It would have required utility to pay tax equal to difference between estimated tax and actual tax paid by utility under ORS chapters 317 and 318.

DIED IN HOUSE STATE AND FEDERAL AFFAIRS

 

HB 3485


This bill would have authorized Public Utility Commission to issue qualified rate order requiring utility to collect charges from customers, revenues of which are used to fund utility acquisition costs. It would have prohibited modification of qualified rate order or impairment of value of intangible acquisition property.

DIED IN HOUSE ELECTIONS AND RULES

 

SB 1017


This bill sought to modify definition of "utility service" for purposes of territorial allocation. It would have provided that natural gas transported through or by use of equipment, plant or facilities owned by six or fewer persons that solely consume all natural gas so transported does not constitute utility service.

DIED IN SENATE BUSINESS AND ECONOMIC DEVELOPMENT

 

SB 1058


This bill sought to require electric utility to mitigate rate increase that exceeds 50 percent during first 12 months that increase is in effect. It would have provided that mitigation be achieved by providing rate credits.

DIED IN SENATE BUSINESS AND ECONOMIC DEVELOPMENT

 

HB 3480


HB 3480 sought to increase business energy tax credit, and limit fees utilities may charge for net metering facilities. It would have increased maximum allowable capacity for net metering facilities, and provided that renewable electric energy projects that have obtained all required government approvals automatically qualify for renewable energy certificates. The bill would have required electric utilities to purchase all electricity generated by renewable electric energy projects at rates established by Public Utility Commission within specified parameters. It also would have prohibited exclusion of renewable electric energy project from incentive program due to age of project.

DIED IN HOUSE ENVIRONMENT

 

HB 3479


Requires any person that acquires all or portion of allocated territory of Portland General Electric Company, or acquires right to provide utility service within allocated territory of company, to assume proportionate share of obligations and liabilities related to construction, ownership and operation of Trojan Nuclear Plant. Specifies exceptions.

Declares emergency, effective on passage.

REFERRED TO HOUSE ENVIRONMENT

HOUSE PASSED, 57 AYES

REFERRED TO SENATE RULES

SENATE PASSED A-ENGROSSED, 26 AYES

HOUSE CONCURRED, 59 AYES

SPEAKER SIGNED

PRESIDENT SIGNED

GOVERNOR SIGNED

 

SJR 15


This bill would have proposed amendment to the Oregon Constitution to impose limitations on awards of noneconomic damages in civil actions.

It would have also refereed proposed amendments to people for their approval or rejection at special election held on same date as next primary election.

DIED IN SENATE COMMERCE

 

SJR 16


SJR 16 would have proposed amendment to Oregon Constitution to allow Legislative Assembly, and people of the state, to modify remedies in common law causes of action.

The proposed amendment would be referred to people for their approval or rejection at special election held on same date as next primary election.

DIED IN SENATE JUDICIARY

 

SB 516


This bill would have limited contingent fees permitted in negligence claims. It would have also provided that an attorney may not contract for or collect contingent fee if amount of fee would result in attorney being paid in excess of $500 per hour for services provided by attorney.

DIED IN SENATE JUDICIARY

 

SB 525


SB 525 would have increased from $500,000 to $550,000 the amount of noneconomic damages that may be awarded in civil action seeking damages arising out of bodily injury.

It would have corrected inaccurate reference for definition.

DIED IN SENATE JUDICIARY

 

SB 702


SB 702 sought to require that attorney who enters into contingent fee agreement must give written notice to each person against whom claim is to be made at least 60 days before filing action.  It would have required that client receive at least ___ percent of amount accepted in settlement before action is filed, without regard to terms of contingent fee agreement.

DIED IN SENATE JUDICIARY

 

HB 2567


HB 2567 would have removed the limit on amount of mitigation of damages recoverable for personal injuries arising out of certain motor vehicle accidents involving nonuse of safety belt or harness.

REFERRED TO HOUSE JUDICIARY SUBCOMMITTEE ON CIVIL LAW

FAILED IN HOUSE, 24 AYES

DIED IN HOUSE JUDICIARY

 

SB 305


This bill would have established the Oregon Injured Workers Retraining Grant Program within Oregon Student Assistance Commission. It would have established the Oregon Injured Workers Retraining Fund, and appropriated moneys in fund continuously to commission. The bill would have required determination of surplus in Industrial Accident Fund to be made during annual audit, and required annual transfer of 50 percent of surplus into Oregon Injured Workers Retraining Fund. It also would have authorized Oregon Student Assistance Commission to make retraining grants from Oregon Injured Workers Retraining Fund.

DIED IN SENATE EDUCATION AND WORKFORCE

 

SB 551


SB 551 would have recognized injured workers "rights as stated objective of Workers" Compensation Law.

DIED IN SENATE COMMERCE

 

HB 2406


HB 2406 would have authorized payment of certain reasonable fees, expenses and costs associated with litigation of workers' compensation claim if claimant prevails against claim denial.

DIED IN HOUSE BUSINESS, LABOR AND CONSUMER AFFAIRS

 

HB 2408


Modifies provisions relating to impairment and permanent partial disability for purposes of workers' compensation benefits.

Directs Department of Consumer and Business Services to collect data and report to Legislative Assembly on impact on permanent partial disability awards due to changes in law.

REFERRED TO HOUSE BUSINESS, LABOR AND CONSUMER AFFAIRS

HOUSE PASSED A-ENGROSSED, 58 AYES

REFERRED TO SENATE RULES

SENATE PASSED B-ENGROSSED, 30 AYES

HOUSE CONCURRED, 53 AYES

SPEAKER SIGNED

PRESIDENT SIGNED

GOVERNOR SIGNED

 

HB 2588


HB 2588 would have directed Oregon Health and Science University to conduct research project to investigate impact of allowing chiropractic physicians to serve in capacity equivalent to that of attending physicians in workers' compensation claims. It would have required university to report findings to Governor, Legislative Assembly, Director of Department of Consumer and Business Services and Workers' Compensation Management-Labor Advisory Committee, and allowed moneys in Workers' Benefit Fund to be used to fund project.

REFERRED TO HOUSE HEALTH AND HUMAN SERVICES

REFERRED TO HOUSE WAYS AND MEANS

REFERRED TO HOUSE BUDGET SUBCOMMITTEE ON PUBLIC SAFETY

HOUSE PASSED A-ENGROSSED, 52 AYES

REFERRED TO SENATE RULES

REFERRED TO SENATE BUDGET

SENATE PASSED A-ENGROSSED, 16 AYES

SPEAKER SIGNED

PRESIDENT SIGNED

GOVERNOR VETOED

 

SB 146


SB 146 would have made otherwise valid noncompetition agreement between employer and employee void and unenforceable if employee is laid off by employer.

DIED IN SENATE COMMERCE

 

SB 175


SB 175 would have created the Council for Innovation and Competitiveness to provide advice and oversight on issues relating to commercialization of research. The council would have been directed to develop a state plan.

This bill would have directed the council to establish the Oregon Nanoscience and Microtechnologies Institute at state universities.

DIED IN SENATE EDUCATION AND WORKFORCE

 

SB  838


Creates Oregon Innovation Council to provide advice and oversight on issues relating to commercialization of research. Directs council to develop state plan.

Creates Oregon Innovation Fund. Appropriates fund continuously to Oregon Innovation Council. Allows council to distribute moneys in fund based on state plan.

Directs council to establish signature research center and contract with private, not-for-profit corporation for purposes of administering center.

Creates Oregon Commercialized Research Fund. Appropriates fund continuously to Oregon Innovation Council. Directs Oregon Innovation Council to make grants and loans to Oregon emerging businesses and Oregon University System from fund.

Creates Oregon Commercialized Research Fund Advisory Council. Directs council to provide advice to Oregon Innovation Council on use of fund.

Abolishes Higher Education Technology Transfer Board and Higher Education Technology Transfer Fund.

Allocates moneys from Administrative Services Economic Development Fund to Oregon Innovation Council for signature research center.

Declares emergency, effective July 1, 2005.

REFERRED TO SENATE EDUCATION AND WORKFORCE

REFERRED TO SENATE WAYS AND MEANS

REFERRED TO SENATE BUDGET SUB ON TRANSPORTATION & ECON DEV

SENATE PASSED A-ENGROSSED, 29 AYES

REFERRED TO HOUSE BUDGET

HOUSE PASSED A-ENGROSSED, 57 AYES

PRESIDENT SIGNED

SPEAKER SIGNED

GOVERNOR SIGNED

 

HB 3159


Exempts certain licensed construction contractors from product liability civil actions brought for damages related to asbestos pursuant to plans, specifications or directions prepared by or on behalf of owner of project.  Establishes conditions for exemption. Specifies exception.

REFERRED TO HOUSE JUDICIARY SUBCOMMITTEE ON CIVIL LAW

HOUSE PASSED A-ENGROSSED, 60 AYES

REFERRED TO SENATE JUDICIARY

REFERRED TO SENATE RULES

SENATE PASSED B-ENGROSSED, 30 AYES

HOUSE CONCURRED, 58 AYES

SPEAKER SIGNED

PRESIDENT SIGNED

GOVERNOR SIGNED

 

SB 304


SB 304 would have revived certain product liability civil actions for damages resulting from asbestos-related disease claims that arose after January 1, 1940, and before January 1, 1987, and were barred by operation of statute of limitation on January 1, 1987. It would have allowed commencement of action for claim on or after effective date of Act and before January 1, 2008.

REFERRED TO SENATE JUDICIARY

DIED IN SENATE RULES

 

 

HB 3270


This bill would have set limits on amounts that may be contributed to political candidates and political committees. Limits amount candidate may contribute to candidate's own campaign. It would have modifies limits for contributions to other candidates if candidate contributes specified amount to candidate's own campaign.

HB 3270 would have limited independent expenditures, and required filing of statement by person making certain independent expenditures.

It would have prohibited direct corporate and labor union contributions, and directed Secretary of State to establish political contribution handle registration system to identify contributors.

The bill also would have required transfer of unexpended balance of contributions to Secretary of State following end of election cycle. It would have established Voters' Pamphlet Operating Account, and directed moneys transferred to secretary to Voters' Pamphlet Operating Account. It continuously would have appropriated moneys to Secretary of State for purpose of preparing voters' pamphlet.

HB 3270 would have taken effect only if amendment to Oregon Constitution allowing regulation of campaign contributions proposed by House Joint Resolution 44 (2005) is approved by people at next regular general election or Oregon Constitution otherwise allows provisions of bill.

DIED IN HOUSE ELECTIONS AND RULES

 

HB 3442


This bill sought to set limits on amounts that may be contributed to political candidates and political committees. It would have modified limits if candidate contributes specified amount to candidate's own campaign, and required filing of statement by person making certain independent expenditures or electioneering communications.

The bill would have prohibited direct corporate and labor union contributions, and required reporting of contributions made by intermediaries.

Civil penalties would have been provided.

It would have become effective if amendment to Oregon Constitution allowing regulation of campaign contributions was approved by people at next general election.

DIED IN HOUSE ELECTIONS AND RULES