72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
House Bill 2915
Sponsored by COMMITTEE ON AGRICULTURE AND NATURAL RESOURCES
CHAPTER ................
AN ACT
Relating to Oregon Forest Resources Institute; creating new
provisions; amending ORS 321.684, 526.600, 526.605, 526.610,
526.615, 526.620, 526.625 and 526.675; repealing ORS 526.680
and 526.685; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 526.605 is amended to read:
526.605. The State of Oregon recognizes that the forest
products industry is { + one of + } the largest
{ - industry - } { + industries + } in the state. It provides
monetary returns to labor, forestland owners, mill owners and
operators, public timber purchasers, timber harvesters, investors
and others. It is a source of local and state taxes. It is a
major supporter of many secondary businesses that supply goods
and services in our communities. The welfare of the state is
therefore largely dependent on the health and vigor of the forest
products industry. { + The Oregon Forest Resources Institute's
objectives support this important industry and the wise
stewardship of natural resources for the benefit of
Oregonians. + }
SECTION 2. ORS 526.610 is amended to read:
526.610. { - (1) - } There { - hereby - } is created the
Oregon Forest Resources Institute. The institute shall be
governed by a board of directors { - formed as provided in this
section. The board shall consist of seven elected members plus
nonelected members as provided in subsections (5) and (6) of this
section. Six elected members shall represent three producer
classes with two representatives each elected statewide from
small, medium and large producer classes. Elected members
representing producer classes shall be elected by producers as
provided in subsections (2) to (4) of this section. The term of
office of an elected member is three years. - }
{ - (2)(a) The State Forester shall solicit nominations and
conduct an election for elected members of the board. The six
elected producer class members shall meet producer class
qualifications at the time of the election. The board by rule
shall determine producer class qualifications that retain
eligibility for the broadest array of producers and shall require
a three-fourths majority vote of the board in establishing
producer class qualifications. - }
{ - (b) One member also shall be elected statewide who
owns - } { + appointed by the State Forester. In making the
appointments, the State Forester shall take into consideration
Enrolled House Bill 2915 (HB 2915-INTRO) Page 1
any nominations or recommendations made to the State Forester by
producers or organizations that represent producers. The board
shall consist of 11 voting members plus two nonvoting members
appointed as follows:
(1) Three voting members to represent small producers of 20
million board feet or less per year.
(2) Three voting members to represent medium producers of more
than 20 million board feet but less than 100 million board feet
per year.
(3) Three voting members to represent large producers of 100
million board feet or more per year.
(4) One voting member who is an owner of + }between 100 and
2,000 acres of forestland and who has no direct financial
interest in any forest products processing activity.
{ - (3) Eligible voters for the elected members described in
subsection (2) of this section shall be only those persons who
are of that described class. - }
{ - (4) The cost of the nomination and election process shall
be paid by the institute. - }
{ - (5) In addition to the membership described in subsection
(2) of this section, the voting members shall appoint the
following members who shall serve for terms of three years: - }
{ - (a) - } { + (5) After consideration of the
recommendations of the other appointed members in subsections (1)
to (4) of this section, + } one { + voting + } member who is an
hourly wage employee of a producer or a person who represents
such employees. The member appointed under this
{ - paragraph - } { + subsection + } need not comply with the
requirements of ORS 526.615 (3) to (6).
{ - (b) Three members representing Oregon's diverse producer
and forest landowner classes and geographic regions. - }
(6)(a) { - In addition to the voting members elected and
appointed under subsections (1) to (5) of this section, the
following persons shall serve as - } { + Two + } nonvoting
members:
(A) The Dean of the College of Forestry at Oregon State
University { - shall serve ex officio - } .
(B) An individual jointly appointed by the President of the
Senate and the Speaker of the House of Representatives to
represent the public. The public representative { - shall - }
{ + may + } not be a member of or significantly affiliated with
any organization of or business in the timber industry or any
organization or business known to support or promote
environmental or conservation issues. { + A person appointed
under this subparagraph serves at the pleasure of the President
of the Senate and the Speaker of the House of
Representatives. + }
(b) Members referred to in this subsection are not subject to
ORS 526.615 to 526.625.
SECTION 3. ORS 526.615 is amended to read:
526.615. Except as provided in ORS 526.610 { - (5)(a) - }
{ + (5) + }, each { + voting + } member of the board of
directors { + of the Oregon Forest Resources Institute + } shall
have the following qualifications:
(1) Be a citizen of the United States.
(2) Be a bona fide resident of this state.
(3) Be a producer in this state, an employee of such a producer
or own between 100 and 2,000 acres of forestland in this state on
which harvest taxes are paid, but have no direct financial
interest in any forest products processing activity.
Enrolled House Bill 2915 (HB 2915-INTRO) Page 2
(4) Have been actively engaged in producing forest products for
a period of at least five years.
(5) Derive a substantial proportion of income from the
production of forest products.
(6) Have demonstrated, through membership in producers'
organizations or organizations representing landowners who meet
the { - requirement - } { + requirements + } of ORS 526.610
{ - (2)(b) - } { + (4) + }, a profound interest in the
development of Oregon's forest products industry.
SECTION 4. ORS 526.620 is amended to read:
526.620. Each { - elected - } { + voting + } member of the
board of directors { + of the Oregon Forest Resources
Institute + } shall be
{ - elected - } { + appointed + } for a term ending three
years from the date of the expiration of the term for which the
member's predecessor was
{ - elected - } { + appointed + }. If there is a vacancy on
the board { - of the elected member - } { + of a voting
member + }, other than a vacancy caused by expiration of a term,
the { - board - } { + State Forester + } shall fill the
vacancy { - by appointment - } for the remainder of the
unexpired term with a person who represents the same
{ - size - } class as the member whose term was vacated.
SECTION 5. ORS 526.625 is amended to read:
526.625. (1) The { - board of directors - } { + State
Forester + } shall immediately declare the office of any member
of the board of directors { + of the Oregon Forest Resources
Institute + } vacant whenever the member { - ceases to be an
active producer in this state, - } becomes a resident of another
state or is unable to perform the duties of office. { + In
addition, the State Forester shall immediately declare the office
of any member of the board who represents producers vacant if the
member ceases to be an active producer in the state. + }
(2) The { - board of directors - } { + State Forester + }
may remove any member of the board of directors for inefficiency,
neglect of duty or misconduct in office, but not until after a
public hearing thereon and service upon such member of a copy of
the charges together with a notice of the time and place of such
hearing. Service shall be made not less than 10 days prior to
the hearing. At the hearing the member shall be given an
opportunity to be heard in person or by counsel and shall be
permitted to present evidence to answer the charges and explain
the facts alleged.
SECTION 6. ORS 526.675 is amended to read:
526.675. { + (1) + } The Oregon Forest Resources Institute
Fund is created in the State Treasury, separate and distinct from
the General Fund. Except as otherwise provided by law, all moneys
received by the Oregon Forest Resources Institute shall be paid
into the State Treasury and credited to the fund. All moneys in
the fund are appropriated continuously to the institute to carry
out its duties, functions and powers. Interest earnings on all
moneys in the fund shall be retained in the fund.
{ + (2) The board of directors of the institute may repay
moneys from the fund to persons who paid a privilege tax levied
under ORS 321.017. The board may repay the amount of tax paid
upon application by the person who paid the tax. The board shall
adopt rules necessary for the implementation of this subsection.
Rules adopted by the board shall include standards for the
repayment of moneys and limits on the amount that may be
requested. + }
Enrolled House Bill 2915 (HB 2915-INTRO) Page 3
SECTION 7. { + (1) Notwithstanding the term of office of any
person elected or appointed to the board of directors of the
Oregon Forest Resources Institute, all terms of office for voting
members of the board of directors of the Oregon Forest Resources
Institute shall end on the effective date of this 2003 Act. New
voting members shall be appointed to the board of directors of
the institute in accordance with ORS 526.610.
(2) Notwithstanding the term of office specified in ORS 526.620
for members of the board of directors of the institute:
(a) Four members shall be appointed for terms ending January 1,
2005.
(b) Four members shall be appointed for terms ending January 1,
2006.
(c) Three members shall be appointed for terms ending January
1, 2007. + }
SECTION 8. ORS 321.684 is amended to read:
321.684. (1) The Department of Revenue may:
(a) Furnish to any taxpayer or authorized representative, upon
request of the taxpayer or authorized representative, a copy of
the taxpayer's timber tax return filed with the department for
any year, or a copy of any report filed by the taxpayer in
connection with the return.
(b) Publish a list of taxpayers who are entitled to unclaimed
tax refunds.
(c) Publish statistics classified so as to prevent the
identification of taxable value or any particulars contained in
any report or return.
(d) Disclose a taxpayer's name, address and social security
number or employer identification number to the extent necessary
in connection with the processing and mailing of forms for any
report or return required in the administration of ORS 321.045,
321.322, 321.435 and 321.950.
(e) Disclose names and addresses of taxpayers filing under ORS
321.282 (4) and 321.432 to Oregon State University pursuant to
surveys and programs related to forest management.
(f) Disclose to the State Forester, upon request of the
forester, for the purpose of soliciting nominations and
{ - conducting elections - } { + recommendations + } referred
to in ORS 526.610, the names of producers meeting producer class
qualifications established under ORS 526.610 who filed forest
products harvest tax returns.
(g) Disclose appraisal data collected to make determinations of
specially assessed value of forestland under ORS 321.201 to
321.222 to any member of a forestland value advisory committee
the department has convened under ORS 321.213.
(2) The department also may disclose and give access to
information described in ORS 321.682 to:
(a) The Commissioner of Internal Revenue or authorized
representative, for tax purposes only.
(b) The United States Forest Service, Bureau of Land Management
and the State Forestry Department pursuant to their regulatory
programs and for investigative purposes related to timber theft.
(c) The Attorney General, assistants and employees in the
Department of Justice or other legal representative of the State
of Oregon, to the extent the department considers disclosure or
access necessary for the performance of the duties of advising or
representing the department pursuant to ORS 321.045, 321.322,
321.435 and 321.950.
(d) Employees of the State of Oregon, other than the Department
of Revenue or Department of Justice, to the extent the department
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considers disclosure or access necessary for such employees to
perform their duties under contracts or agreements between the
department and any other department, agency or subdivision of the
State of Oregon in the department's administration of the tax
laws.
(e) The Legislative Revenue Officer or the authorized
representative upon compliance with ORS 173.850. Such officer or
representative shall not remove from the premises of the
department any materials that would reveal the identity of any
taxpayer or any other person or the volume of harvest and value
reported on individual returns and reports.
(f) Any agency of the State of Oregon, or any person, or any
officer or employee of such agency or person to whom disclosure
or access is given by state law and not otherwise referred to in
this section, including but not limited to the Secretary of State
as Auditor of Public Accounts under section 2, Article VI of the
Constitution of the State of Oregon.
(3) Each officer or employee of the department and each person
described or referred to in subsection (2)(b) to (f) of this
section to whom disclosure or access to the tax information is
given under subsection (2) of this section or any other provision
of state law, prior to beginning employment or the performance of
duties involving such disclosure or access, shall be advised in
writing of the provisions of ORS 321.682 and 321.686 relating to
penalties for the violation of ORS 321.682, and shall, as a
condition of employment or performance of duties, execute a
certificate for the department, in a form prescribed by the
department, stating in substance that the person has read these
provisions of law, that the person has had them explained and
that the person is aware of the penalties for the violation of
ORS 321.682.
SECTION 9. ORS 526.600 is amended to read:
526.600. As used in ORS 526.600 to 526.685, unless the context
requires otherwise:
(1) 'Institute' means the Oregon Forest Resources Institute.
(2) 'Producer' means a producer of forest products and includes
any person, partnership, association, corporation, cooperative or
other business entity involved in the growing, harvesting or
producing of timber or timber products. 'Producer ' does not
include landowners who meet the requirement of ORS 526.610
{ - (2)(b) - } { + (4) + }.
SECTION 10. { + ORS 526.680 and 526.685 are repealed. + }
SECTION 11. { + This 2003 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2003 Act takes effect on
its passage. + }
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Enrolled House Bill 2915 (HB 2915-INTRO) Page 5
Passed by House April 29, 2003
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 3, 2003
...........................................................
President of Senate
Enrolled House Bill 2915 (HB 2915-INTRO) Page 6
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled House Bill 2915 (HB 2915-INTRO) Page 7