71st OREGON LEGISLATIVE ASSEMBLY--2001 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 983
 
                         House Bill 2162
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor John A. Kitzhaber,
  M.D., for State Forestry Department)
 
 
                             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.
 
  Eliminates sunset date for funding to State Forestry Department
for administration of reforestation tax program and Western
Oregon Small Tract Optional Tax program.
  Takes effect 91 days after date Seventy-first Legislative
Assembly adjourns sine die.
 
                        A BILL FOR AN ACT
Relating to taxation; amending ORS 321.307; and prescribing an
  effective date.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 321.307 is amended to read:
  321.307. (1) The revenue from the taxes imposed by ORS 321.273
shall be remitted by the Department of Revenue to the State
Treasurer who shall deposit it in a suspense account, separate
and distinct from the General Fund, established under the
provisions of ORS 293.445 which shall be known as the Western
Oregon Timber Tax Account. Interest earned on cash balances
invested by the State Treasurer shall be credited to this
account.  Moneys are appropriated continuously from the Western
Oregon Timber Tax Account for use in reimbursing the General Fund
for expenses incurred in the collection of taxes imposed by ORS
321.273 and other expenses associated with forest
taxation { + , + } and for costs incurred by the State Forestry
Department in carrying out ORS 315.104 and 321.705 to 321.765
 { - for the period beginning July 1, 1999, and ending July 1,
2001 - } .
  (2) Notwithstanding the provisions of ORS 291.238, the amount
of moneys necessary to pay refunds of the taxes imposed by ORS
321.273 is appropriated continuously to the department and shall
be used by the department for the payment of all refunds of taxes
imposed by ORS 321.273 which have been audited and approved by
the department. This appropriation shall be from the Western
Oregon Timber Tax Account. Any penalties, interest and taxes due
from the taxpayer on account of taxes imposed by ORS 321.273
shall be applied in that order in computing any refund, and only
the balance due the taxpayer, if any, shall be refunded.
  (3) Moneys remaining in the Western Oregon Timber Tax Account
following the appropriations described in subsections (1) and (2)
of this section shall be distributed as follows:
  (a) Sixty-five percent of moneys that are derived from the
harvest of timber on land subject to assessment under ORS 321.353
(6) to (9) shall be distributed as follows:
  (A) Ninety-three percent of the amount distributed under this
paragraph shall be transferred to and is continuously
appropriated to the State School Fund for the purposes for which
State School Fund moneys may be spent.
  (B) Seven percent of the amount distributed under this
paragraph shall be transferred to and is continuously
appropriated to the Community College Support Fund established
under ORS 341.620.
  (b) Thirty-five percent of moneys that are derived from the
harvest of timber on land subject to assessment under ORS 321.353
(6) to (9) shall be distributed to county general funds of
western Oregon counties.
  (c) The balance of the account shall be distributed as follows:
  (A) Ninety-three percent of the amount distributed under this
paragraph shall be transferred to and is continuously
appropriated to the State School Fund for the purposes for which
State School Fund moneys may be spent.
  (B) Seven percent of the amount distributed under this
paragraph shall be transferred to and is continuously
appropriated to the Community College Support Fund established
under ORS 341.620.
  (4)(a) Moneys that are to be distributed to western Oregon
counties under subsection (3)(b) of this section shall be
distributed to each western Oregon county in the proportion that
the assessed value of forestland in the county for the preceding
fiscal year bears to the total assessed value of forestland for
the preceding fiscal year.
  (b) The Department of Revenue may adopt rules to further
implement the distribution calculation described in this
subsection.
  (5) All moneys distributed to counties pursuant to subsection
(4) of this section are continuously appropriated to the counties
to which the moneys are distributed. On or before August 31 of
each fiscal year, the department shall determine the amount
distributable to counties from the Western Oregon Timber Tax
Account as of May 15 of the preceding fiscal year, and shall
remit to the counties the amounts so determined. The department
shall certify to the county assessor the amount remitted to the
county under this subsection.
  (6) The amount of Western Oregon Timber Tax Account moneys to
be transferred for a fiscal year under subsection (3)(a) and (c)
of this section shall be determined as of May 15 of the fiscal
year and transferred on or before May 31 of the fiscal year in
which the distribution is being made.
  (7) A working balance may be retained in the Western Oregon
Timber Tax Account for the payment of administrative expenses
described in subsection (1) of this section.
  SECTION 2.  { + The amendments to ORS 321.307 by section 1 of
this 2001 Act take effect on the 91st day after the date on which
the regular session of the Seventy-first Legislative Assembly
adjourns sine die. + }
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