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 1094
A-Engrossed
Senate Bill 333
Ordered by the Senate May 1
Including Senate Amendments dated May 1
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor John A. Kitzhaber,
M.D., for Department of Consumer and Business Services)
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.
Makes permanent tax credit to individual or corporation for
completing, or commercial lending institution for financing,
seasonal or year-round farmworker housing. { + Allows owner of
farmworker housing who is eligible to claim income tax credit to
elect to receive property tax voucher in lieu of credit. + }
Takes effect 91 days after Legislative Assembly adjourns sine
die.
A BILL FOR AN ACT
Relating to farmworker housing tax credits; creating new
provisions; amending section 6, chapter 963, Oregon Laws 1989,
and sections 2 and 5, chapter 766, Oregon Laws 1991;
appropriating money; and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Section 6, chapter 963, Oregon Laws 1989, as amended
by section 56, chapter 746, Oregon Laws 1995, is amended to read:
{ + Sec. 6. + } (1) ORS 315.164 shall apply to seasonal or
year-round farmworker housing projects completed in tax years
that begin on or after the January 1 immediately following the
date that both chapter 962, Oregon Laws 1989, and chapter 964,
Oregon Laws 1989, have become both effective and operative
{ - and which are completed on or before December 31, 2001 - } .
(2) ORS 317.147 applies to loans made in tax years that begin
on or after the January 1 immediately following the date that
both chapter 964, Oregon Laws 1989, and chapter 962, Oregon Laws
1989, have become both effective and operative { - and which
are made on or before December 31, 2001 - } .
SECTION 2. Section 2, chapter 766, Oregon Laws 1991, as amended
by section 57, chapter 746, Oregon Laws 1995, is amended to read:
{ + Sec. 2. + } The amendments to ORS 317.147 by section 1,
chapter 766, Oregon Laws 1991, apply to loans made in tax years
that begin on or after January 1, 1990 { - , and on or before
December 31, 2001 - } .
SECTION 3. Section 5, chapter 766, Oregon Laws 1991, as amended
by section 58, chapter 746, Oregon Laws 1995, is amended to read:
{ + Sec. 5. + } ORS 315.164 shall apply to seasonal or
year-round farmworker housing projects completed in tax years
that begin on or after January 1, 1991 { - , and that are
completed on or before December 31, 2001 - } .
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. + }
SECTION 11. { + This 2001 Act takes 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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