75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
SMRA to A-Eng. HJR 13
 
LC 1719/HJR 13-AMR4
 
                     SENATE MINORITY REPORT
                          AMENDMENTS TO
              A-ENGROSSED HOUSE JOINT RESOLUTION 13
 
                             June 24
 
President Courtney:
  A minority of your Committee on Rules, to whom was referred
A-engrossed House Joint Resolution 13, having had the same under
consideration, respectfully reports it back with the
recommendation that it be adopted with the following amendments:
 
  On page 1 of the printed A-engrossed joint resolution, line 2,
after 'Oregon' insert a colon and delete ', two-thirds of all
the'.
  Delete lines 3 through 20 and delete pages 2 through 6 and
insert:
  '  { +  PARAGRAPH 1. + } The Constitution of the State of
Oregon is amended by creating new sections 15 and 15a to be added
to and made a part of Article IX, such sections to read:
  '  { +  SECTION 15. (1) A credit against taxes that are
otherwise due under the personal income tax laws of this state
or, if the taxpayer is a corporation, under the corporate income
and excise tax laws of this state is allowed to a taxpayer who
creates new employment positions. The amount of the credit is
$3,000 for each full-time position that is created. If any
created positions are part-time, the amount of the credit shall
be prorated to equal $3,000 multiplied by the total number of
full-time equivalent positions created.
  ' (2) In order to qualify a taxpayer for the credit allowed
under this section, a position must:
  ' (a) Be filled between July 1, 2009, and December 31, 2009;
  ' (b) Remain filled for at least 12 consecutive months; and
  ' (c) Create a net increase in the number of full-time
equivalent positions of the taxpayer compared to the taxpayer's
payroll as of June 1, 2009.
  ' (3) Prior to claiming the credit allowed under this section,
a taxpayer is required to receive written certification of
eligibility from a state agency designated by law.
  ' (4) The credit allowed under this section may not exceed the
tax liability of the taxpayer for the tax year.
  ' (5) 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.
  ' (6) A nonresident shall be allowed the credit under this
section. The credit shall be computed in the same manner and be
subject to the same limitations as the credit granted to a
resident.
  ' (7) If a change in the taxable year of the taxpayer occurs,
the Legislative Assembly shall provide by law the manner in which
the credit allowed by this section shall be prorated or computed.
  ' (8) If a change in the status of a taxpayer from resident to
nonresident or from nonresident to resident occurs, the credit
allowed by this section shall be determined in a manner provided
by the Legislative Assembly by law.
  ' (9) The total amount of tax credits allowed to taxpayers
under this section may not exceed $10 million.
  ' (10) A state agency designated by law may adopt rules for the
purposes of this section, including policies and procedures for
certifying taxpayers as eligible for the credit allowed under
this section as required by subsection (3) of this section. + }
  '  { +  SECTION 15a. + }  { + Section 15 of this Article is
repealed on January 2, 2013. + }
 
  '  { +  PARAGRAPH 2. + }  { + The amendment proposed by this
resolution shall be submitted to the people for their approval or
rejection at the next regular general election held throughout
this state. + } ' .
 
                         /sTed Ferrioli
                           Senator
 
                         /sBrian Boquist
                           Senator
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