71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 3537
 
LC 3744/HB 3537-1
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 3537
 
     By COMMITTEE ON SCHOOL FUNDING AND TAX FAIRNESS/REVENUE
 
                             April 6
 
  On page 1 of the printed bill, line 2, after 'ORS' insert '
321.307,' and after '321.356,' insert '321.365,'.
  In line 9, after '321.354' insert 'or 321.720'.
  In line 12, delete 'specially assessed' and insert ' base'.
  In line 25, after 'the' insert 'base'.
  In line 26, delete 'of forestland'.
  In line 28, delete 'assessed values of forestland' and insert
'adjusted base values per acre'.
  In line 29, delete 'assessed values of the forestland' and
insert 'adjusted base values per acre'.
  In line 31, delete ' ' assessed values of the forestland' and
insert ' ' adjusted base values per acre'.
  On page 2, line 1, after 'the' insert 'base'.
  In line 17, delete 'specially'.
  In line 18, delete 'assessed values per acre of forestland '
and insert 'adjusted base values per acre'.
  In line 19, after the first 'the' insert 'adjusted base'.
  In line 20, delete 'assessor' and insert 'assessors'.
  In line 27, delete 'assessor the values of forestland' and
insert 'assessors the adjusted base values per acre' and delete '
is' and insert 'are'.
  In line 28, delete 'value' and insert 'values'.
  In line 30, delete 'forestland' and insert 'adjusted base'.
  In line 32, after '321.354' insert 'or 321.720'.
  In line 38, delete 'maximum' and delete 'assessment year ' and
insert 'tax year or 100 percent of the forestland maximum
assessed value per acre for the preceding tax year, whichever is
greater'.
  After line 41, insert:
  ' (9) If the forestland being assessed consists of different
land classes, the assessed value of the forestland shall be the
sum of the assessed values computed for each land class under
subsection (8) of this section.'.
  In line 42, delete '(9)' and insert '(10)'.
  On page 5, line 5, delete 'specially assessed' and insert '
adjusted base'.
  In line 11, delete 'spe-'.
  In line 12, delete 'cially assessed' and insert 'adjusted
base'.
  On page 6, line 1, delete 'specially'.
  In line 2, delete 'assessed value of forestland' and insert '
adjusted base value per acre'.
  In line 3, delete '(8)' and insert '(7)'.
  In line 8, after 'a' insert 'base'.
  In line 11, delete 'value of the forestland' and insert '
adjusted base value per acre'.
  In line 14, delete the comma.
  Delete line 15 and insert 'July 1 of each tax year the adjusted
base value per acre to be used in determining the assessed value
of forestland that is assessed under this section'.
  In line 16, delete 'as of the assessment date immediately
preceding'.
  In line 17, delete 'index' and insert 'adjusted base value'.
  In line 23, delete 'forestland' and insert 'adjusted base'.
  In line 27, after 'the' insert 'specially'.
  In line 28, delete 'its value' and insert 'the adjusted base
value per acre'.
  In line 30, delete 'forestland's maximum' and insert '
forestland' and delete 'assessment'.
  Delete line 31 and insert 'tax year or 100 percent of the
forestland maximum assessed value per acre for the preceding tax
year, whichever is greater.'.
  On page 8, after line 18, insert:
  '  { +  SECTION 11a. + } 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) - }  { +  (10) + } 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) - }  { +  (10) + } 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 11b. + } ORS 321.365 is amended to read:
  ' 321.365. (1) If an owner of forestland that is assessed under
ORS 321.354 acquires additional forestland that was assessed
under ORS 321.353 (6) to   { - (9) - }  { +  (10) + } as of the
assessment date preceding acquisition, the additional forestland
shall be disqualified from assessment under ORS 321.353 (6) to
 { - (9) - }  { +  (10) + } and shall be assessed under ORS
321.354 as of the assessment date immediately following the
acquisition.
  ' (2) Notwithstanding ORS 321.273 (3) or (4), any timber
harvested from forestland described in subsection (1) of this
section, during the year of acquisition and the four calendar
years immediately following, shall be subject to the privilege
tax imposed under ORS 321.273 (2).
  ' (3) Additional taxes may not be imposed as a result of a
disqualification under this section.
  ' (4) The notification requirements and other procedures that
the county assessor must follow in disqualifying forestland do
not apply to a disqualification under this section.'.
  In line 19, after 'ORS' insert '321.307,'.
  In line 20, after '321.356,' insert '321.365,' and delete ' and
11' and insert ', 11, 11a and 11b'.
  On page 10, line 41, before the period insert '(1999 Edition)'.
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