74th OREGON LEGISLATIVE ASSEMBLY--2007 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 1429
Senate Bill 38
Corrected Requester
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 Senate Interim Committee on
Revenue for Housing Alliance)
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.
Establishes fee for recording of documents in deed and mortgage
records of county. Directs county clerk to transfer amounts
collected to Housing and Community Services Department to fund
housing programs of department.
A BILL FOR AN ACT
Relating to recordation fees; amending ORS 205.323, 294.184,
294.187 and 306.815.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 205.323 is amended to read:
205.323. (1) In addition to and not in lieu of the fees charged
and collected under ORS 205.320 and other fees, the { + county
clerk shall charge and collect the + }following fees { - shall
be charged and collected - } for the recording or filing of any
instrument described in ORS 205.130:
(a) A fee of $1, to be credited as provided in subsection
(3)(a) of this section; { - and - }
(b) A fee of $10, to be credited as provided in subsection
(3)(b) of this section { + ; and
(c) A fee of $___, to be credited as provided in subsection
(3)(c) of this section + }.
(2) Subsection (1) of this section does not apply to the
recording or filing of the following:
(a) Instruments that are otherwise exempt from recording or
filing fees under any provision of law;
(b) Any satisfaction of judgment or certificate of satisfaction
of judgment; or
(c) Internal county government instruments not otherwise
charged a recording or filing fee.
(3) Of the amounts charged and collected under this section:
(a) The recording or filing fee charged and collected under
subsection (1)(a) of this section { - shall - } { + must + }
be deposited and credited to the Oregon Land Information System
Fund established under ORS 306.132 { - ; and - } { + . + }
(b) { - Of the recording or filing fee charged and collected
under subsection (1)(b) of this section, - } { + The recording
or filing fee charged and collected under subsection (1)(b) of
this section shall be credited as follows:
(A) + } Five percent { - shall - } { + of the fee must + }
be credited for the benefit of the county { - , - } { + ;
(B) + } Five percent { - shall - } { + of the fee must + }
be credited for the benefit of the county clerk for the purposes
described in ORS 205.320 (18) { + ; + } and
{ + (C) + } 90 percent { - shall be deposited and - }
{ + of the fee must be + } credited to { + and deposited in + }
the County Assessment and Taxation Fund created under ORS
294.187.
{ + (c) The recording or filing fee charged and collected
under subsection (1)(c) of this section must be credited to and
deposited in the County Assessment and Taxation Fund created
under ORS 294.187. + }
SECTION 2. ORS 294.184 is amended to read:
294.184. (1) There is created under ORS 293.445 a suspense
account to be known as the County Assessment Function Funding
Assistance Account. The account shall consist of:
(a) All moneys paid over by the county treasurers as provided
under ORS 294.187 { + (2)(a) + }; and
(b) All interest earned upon any moneys in the account.
(2) Of the moneys in the account as of the last day of each
fiscal quarter, the moneys necessary to pay the following
Department of Revenue expenses shall be transferred to a suspense
account of the department created under ORS 293.445 and are
continuously appropriated to the department for:
(a) Expenses incurred in carrying out the purposes of ORS
294.175 to 294.184; and
(b) Appraisal expenses incurred by the department in appraising
principal and secondary industrial properties identified under
ORS 306.126 and property of centrally assessed companies under
ORS 308.505 to 308.665.
(3) The total amount of moneys transferred to the suspense
account of the department under subsection (2) of this section
may not exceed 10 percent of the moneys in the account as of the
last day of the fiscal quarter for which the transfer is being
made.
(4) The remainder of the moneys in the account as of the last
day of the fiscal quarter shall be used for the purpose of making
the grant payments to counties as required under ORS 294.178 and
are continuously appropriated to the department for that purpose.
SECTION 3. ORS 294.187 is amended to read:
294.187. (1) There is created in the county treasury of each
county a fund to be known as the County Assessment and Taxation
Fund. The fund shall consist of:
(a) Moneys deposited { + in + } and credited to the fund under
ORS 311.508.
(b) Moneys deposited { + in + } and credited to the fund under
ORS 205.323 { + (3)(b)(C).
(c) Moneys deposited in and credited to the fund under ORS
205.323 (3)(c) + }.
{ - (c) - } { + (d) + } Interest earned upon moneys
credited to the fund.
(2) The county treasurer shall pay over the moneys in the
fund { + :
(a) Collected under subsection (1)(a) and (b) of this section
and interest earnings on those moneys + }, determined as of the
last day of the fiscal quarter, to the State Treasurer on or
before the 10th day of the month following the last day of the
fiscal quarter { + for deposit and credit as provided in
subsection (3)(a) of this section.
(b) Collected under subsection (1)(c) of this section and
interest earnings on those moneys, determined as of the last day
of the fiscal quarter, to the State Treasurer on or before the
10th day of the month following the last day of the fiscal
quarter for deposit and credit as provided in subsection (3)(b)
of this section + }.
(3) The State Treasurer shall deposit and credit { + :
(a) + } The moneys { - received under subsection (2) of this
section - } { + collected under subsection (1)(a) and (b) of
this section and interest earnings on those moneys + } to the
County Assessment Function Funding Assistance Account referred to
in ORS 294.184.
{ + (b) The moneys collected under subsection (1)(c) of this
section and interest earnings on those moneys to the Housing and
Community Services Department for housing-related programs as
follows:
(A) 75 percent of the moneys must be deposited in the Housing
Development and Guarantee Account;
(B) 10 percent of the moneys must be deposited in the Emergency
Housing Account;
(C) Nine percent of the moneys must be deposited in the Home
Ownership Assistance Account; and
(D) Six percent of the moneys must be deposited in the Housing
and Community Services Department Revolving Account. + }
(4) If the county treasurer fails to pay over moneys, as
required under subsection (2) of this section, then any unpaid
moneys shall be a debt due and owing by the county to the state
and the county shall pay the legal rate of interest thereon from
the due date until paid. Payment of interest under this section
shall not relieve the county treasurer from any penalty imposed
by law for failure to make the payments, and in addition, the
county treasurer shall be liable under ORS 311.375 (4)(a) and
(b).
(5) ORS 294.305 to 294.565 do not apply to a fund created under
this section.
SECTION 4. ORS 306.815 is amended to read:
306.815. (1) A city, county, district or other political
subdivision or municipal corporation of this state shall not
impose, by ordinance or other law, a tax or fee upon the transfer
of a fee estate in real property, or measured by the
consideration paid or received upon transfer of a fee estate in
real property.
(2) A tax or fee upon the transfer of a fee estate in real
property does not include any fee or charge that becomes due or
payable at the time of transfer of a fee estate in real property,
unless that fee or charge is imposed upon the right, privilege or
act of transferring title to real property.
(3) Subsection (1) of this section does not apply to any fee
established under ORS 203.148.
(4) Subsection (1) of this section does not apply to any tax if
the ordinance or other law imposing the tax is in effect and
operative on March 31, 1997.
(5) Subsection (1) of this section does not apply to any tax or
fee that is imposed upon the transfer of a fee estate in real
property if the fee that is imposed under ORS 205.323, for the
recording or filing of the instrument conveying the real property
being transferred { + , + } is less than { - $11 - }
{ + $___ + } .
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