Bill Text: OR HB2552 | 2011 | Regular Session | Introduced

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Bill Title: Relating to compliance with the tax laws of the State of Oregon; declaring an emergency.

Spectrum: Unknown

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2552 Detail]

Download: Oregon-2011-HB2552-Introduced.html

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     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 1801

                         House Bill 2552

Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of House Interim Committee on
  Revenue)

                             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.

  Requires contracting agency to verify that person that enters
into public contract with contracting agency has paid all taxes
due and otherwise complied with tax laws of this state. Prohibits
contracting agency from entering into public contract with person
that has not paid taxes due or complied with tax laws of this
state.
  Requires contracting agency to require person that enters into
public contract with contracting agency to represent and warrant
in public contract that person has paid taxes due and complied
with tax laws of this state.
  Requires Department of Revenue to provide means to respond to
inquiries from contracting agencies and to respond within one
business day.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to compliance with the tax laws of the State of Oregon;
  and declaring an emergency.
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 279A. + }
  SECTION 2.  { + (1) A contracting agency shall verify with the
Department of Revenue that a person with which the contracting
agency will enter into a public contract has paid all taxes due
the State of Oregon and has otherwise complied with the tax laws
of this state as of the date on which the contracting agency
intends to enter into the public contract. A contracting agency
may not enter into a contract with a person that has tax due and
outstanding or that has otherwise failed to comply with a
provision of the tax laws of this state unless and until the
person has paid the tax due and outstanding and has otherwise
complied with the tax laws of this state.
  (2) A contracting agency shall require a person that is a party
to a public contract with the contracting agency to represent and
warrant in the public contract that the person has paid all taxes
due the State of Oregon and has otherwise complied with the tax
laws of this state. The contracting agency shall also state in
the public contract that the representation and warranty required
under this section is a material term of the public contract and
that the contracting agency's performance of the contract is
conditioned on the truth of the representation.
  (3) The Department of Revenue shall provide a toll-free
telephone number, an electronic mail address and other means the
department deems necessary to respond to inquiries from
contracting agencies concerning the requirement set forth in
subsection (1) of this section. The department shall respond to
an inquiry from a contracting agency within one business day
after receiving the inquiry. + }
  SECTION 3.  { + Section 2 of this 2011 Act applies to a public
contract that a contracting agency advertises or otherwise
solicits on or after the operative date set forth in section 4 of
this 2011 Act or, if the contracting agency does not advertise or
solicit the public contract, a public contract that the
contracting agency enters into on or after the operative date set
forth in section 4 of this 2011 Act. + }
  SECTION 4.  { + (1) Section 2 of this 2011 Act becomes
operative 91 days after the effective date of this 2011 Act.
  (2) The Director of the Oregon Department of Administrative
Services, the Director of the Department of Revenue, the Attorney
General and a contracting agency that adopts rules under ORS
279A.065 may take any action before the operative date specified
in subsection (1) of this section that is necessary to enable the
Director of the Oregon Department of Administrative Services, the
Director of the Department of Revenue, the Attorney General or
the contracting agency to exercise, on and after the operative
date specified in subsection (1) of this section, all the duties
functions and powers conferred on the Director of the Oregon
Department of Administrative Services, the Director of the
Department of Revenue, the Attorney General and the contracting
agency by section 2 of this 2011 Act. + }
  SECTION 5.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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