71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
SA to SB 333
LC 1094/SB 333-3
SENATE AMENDMENTS TO
SENATE BILL 333
By COMMITTEE ON REVENUE
May 1
In line 2 of the printed bill, after the semicolon insert '
creating new provisions;'.
In line 3, after the semicolon insert 'appropriating money;'.
After line 24, insert:
' { + SECTION 4. + } { + (1) An owner of seasonal farmworker
housing or year-round farmworker housing who is eligible to claim
an income tax credit under ORS 315.164 for farmworker housing
project costs may elect to receive a property tax voucher in lieu
of the credit.
' (2) The election shall be made by filing a voucher election
application with the Department of Revenue on or before the
earlier of:
' (a) The date the applicant files an income tax return for the
first tax year for which an income tax credit could be claimed
under ORS 315.164; or
' (b) April 15 of the assessment year that follows the first
income tax year for which a credit could be claimed under ORS
315.164.
' (3) The voucher election application shall be on a form
prescribed by the Department of Revenue and shall contain the
information prescribed by the department, including a copy of the
letter of credit approval issued by the Department of Consumer
and Business Services under ORS 315.167.
' (4) If the Department of Revenue determines that the
applicant would have been entitled to claim a tax credit under
ORS 315.164, the department shall issue property tax vouchers to
the applicant. The amount of vouchers issued shall equal the
amount of income tax credit the applicant could have claimed for
the first tax year for which an income tax credit would have been
allowed, without regard to ORS 315.164 (6).
' (5) On or before April 15 of each of the four years
succeeding the year in which the voucher election was made, the
person that made the voucher election shall file the annual
certification described in ORS 315.164 (5) with the Department of
Revenue. If the department determines that the person would have
been allowed the income tax credit under ORS 315.164 for the
preceding calendar year, the department shall issue property tax
vouchers to the claimant equal to the amount of income tax credit
the claimant could have claimed for the corresponding income tax
year under ORS 315.164, without regard to ORS 315.164 (6).
' (6) A voucher issued under this section shall be in the form
prescribed by the Department of Revenue.
' (7) Vouchers issued under this section are not transferable
and may be used to offset taxes imposed only on property for
which the voucher recipient is the owner of record.
' (8) An election made under this section is irrevocable.
' (9) For purposes of this section, a person claiming vouchers
under subsection (5) of this section shall be deemed to file
income tax returns on a calendar year basis.
' (10) As used in this section, 'seasonal farmworker housing '
and 'year-round farmworker housing' have the meanings given those
terms in ORS 315.164. + }
' { + SECTION 5. + } { + (1) A person that receives a
property tax voucher under section 4 of this 2001 Act must use
the voucher by presenting it, either by mail or in person, to the
county tax collector at the same time and in the same manner as
property tax payments are made. The voucher must be used to
reduce or eliminate property taxes imposed on property for which
the voucher recipient is the owner of record.
' (2) Presentation of a voucher shall be treated as a payment
in the amount of the voucher for purposes of computing the
discount allowed under ORS 311.505 and for purposes of the
property tax collection laws of this state.
' (3) If a mortgagor or other person pays the property taxes on
property for which the voucher recipient is the owner of record,
the tax collector shall refund the amount by which the sum of tax
payments and presented voucher amounts exceeds the outstanding
tax liability on the property, including delinquent amounts. The
refund shall be made to the owner of record. + }
' { + SECTION 6. + } { + (1) Upon receipt of a voucher
issued under section 4 of this 2001 Act, the county tax collector
shall record the receipt of the voucher on the tax roll in the
same manner in which tax payments are recorded under ORS 311.356.
' (2) The tax collector shall record in the records of the tax
collector the total amount of vouchers received for a tax year.
' (3) The tax collector shall send all vouchers to the
Department of Revenue on or after May 15 and before June 1 of
each tax year. Upon receipt of the vouchers, the department shall
pay the total amount of vouchers submitted by the tax collector
to the county treasurer. Payment shall be made from the suspense
account described in section 7 of this 2001 Act.
' (4) Payments received by the tax collector from the
department shall be deposited in the unsegregated tax collections
account described in ORS 311.385, to be distributed to districts
under the distribution schedule prepared pursuant to ORS
311.390. + }
' { + SECTION 7. + } { + (1) Amounts necessary to make the
payments authorized by section 6 of this 2001 Act shall be
transferred to a suspense account established under ORS 293.445
from the appropriation made by the Legislative Assembly to fund
the farmworker housing property tax incentive program.
' (2) On or before June 15 of each fiscal year of each
biennium, the Department of Revenue shall estimate the amount of
moneys needed to make the payments under section 6 of this 2001
Act. If the sum of the obligations is estimated to be greater
than the amounts credited to the suspense account established
under ORS 293.445 for the fiscal year for those obligations, the
payments made to the counties under section 6 of this 2001 Act
shall be proportionally reduced so that the state does not accrue
a debt in excess of the amount credited. No claim for payment
shall accrue to a county under section 6 of this 2001 Act in
excess of the amount determined under this subsection. + }
' { + SECTION 8. + } { + Sections 4 to 7 of this 2001 Act
are added to and made a part of ORS chapter 311. + }
' { + SECTION 9. + } { + Sections 4 to 7 of this 2001 Act
apply to tax years beginning on or after July 1, 2002. + }
' { + SECTION 10. + } { + In addition to and not in lieu of
any other appropriation, there is appropriated to the Department
of Revenue, for the biennium beginning July 1, 2001, out of the
General Fund, the amount of $100,000, for the purpose of making
the payments authorized by section 6 of this 2001 Act. + } ' .
In line 25, delete '4' and insert '11'.
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