Chapter 350
AN ACT
SB 806
Relating to local budget law; amending ORS 294.437.
Be It Enacted by the People of
the State of
SECTION 1. ORS 294.437 is amended to read:
294.437. (1) Following
the adoption of a budget under ORS 294.435 that does not include revenue from a
proposed local option tax, if a municipal corporation places a local option tax
measure on the ballot for an election held in September and the electors of the
municipal corporation approve the measure, in order to impose the local option
tax during the current fiscal year or current budget period the governing body
of the municipal corporation must:
(a) Adopt an ordinance
or resolution to determine, make and declare the local option tax and to
categorize the local option tax amount or rate as provided in ORS 310.060;
(b) Receive from the
assessor of the county in which the municipal corporation is located (or, if
the municipal corporation is located in more than one county, from the assessor
of each county in which the municipal corporation is located) written approval
to file a supplemental notice of property tax as described in ORS 310.060 (9);
and
(c) File with the
assessor of the county in which the municipal corporation is located (or, if
the municipal corporation is located in more than one county, with the assessor
of each county in which the municipal corporation is located) two copies of the
ordinance or resolution described in paragraph (a) of this subsection, two
copies of the supplemental notice of property tax required
under ORS 310.060 and two copies of the approved local option tax measure.
(2) Following the
adoption of a budget under ORS 294.435 that does not include revenue from a
proposed local option tax or taxes to pay principal and interest on exempt
bonded indebtedness, if a municipal corporation places a local option tax
measure or a general obligation bond measure on the ballot for an election,
other than an election held in September, next following adoption of the budget
and the electors of the municipal corporation approve the measure, in order to
impose the tax during the second fiscal year of a biennial budget period, the
governing body of the municipal corporation must:
(a) Adopt an ordinance
or resolution to determine, make and declare the tax and to categorize the tax
amount or rate as provided in ORS 310.060; and
(b) Include with the
certification required under ORS 310.060 for the second fiscal year of the
biennial budget period, two copies of the ordinance or resolution described in
paragraph (a) of this subsection and two copies of the approved local option
tax measure or general obligation bond measure.
[(2)] (3) Funds raised by a local option tax described in
this section may not be expended by the municipal corporation unless the
municipal corporation has adopted a supplemental budget in accordance with ORS
294.480. Funds may be expended only in accordance with the supplemental budget
so adopted.
[(3)] (4) As soon as received, the county assessor shall
forward one copy of each of the documents described in subsection (1)(c) of this section to the Department of Revenue.
Approved by the Governor June 11, 2007
Filed in the office of Secretary of State June 13, 2007
Effective date January 1, 2008
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