75th OREGON LEGISLATIVE ASSEMBLY--2009 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 2680
A-Engrossed
Senate Bill 726
Ordered by the Senate June 9
Including Senate Amendments dated June 9
Sponsored by Senator FERRIOLI; Senators ATKINSON, BOQUIST,
DEVLIN, KRUSE, TELFER, VERGER, Representatives BERGER, FREEMAN,
HUFFMAN, JENSON, KAHL, RILEY, ROBLAN, G SMITH, WHISNANT
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.
Authorizes certain Indian tribes to request Economic and
Community Development Department to designate reservation
{ - trust land - } { + enterprise + } zones.
Authorizes certain Indian tribes to cosponsor reservation
partnership zones.
Makes exemptions and tax credits that are available in
connection with enterprise zones available in connection with
reservation enterprise zones.
Eliminates median income and unemployment rate requirements for
reservation enterprise zones.
A BILL FOR AN ACT
Relating to reservation enterprise zones; amending ORS 285C.306
and 285C.320.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 285C.306 is amended to read:
285C.306. { - (1) Trust land of an Indian tribe that meets
all of the following requirements is designated as a reservation
enterprise zone for the purposes of ORS 285C.300 to 285C.320: - }
{ + (1) As used in this section, 'eligible Indian tribe'
means each of the Burns Paiute Tribe, the Confederated Tribes of
Coos, Lower Umpqua and Siuslaw Indians, the Confederated Tribes
of the Grand Ronde Community of Oregon, the Confederated Tribes
of Siletz Indians of Oregon, the Confederated Tribes of the
Umatilla Indian Reservation, the Confederated Tribes of Warm
Springs, the Coquille Indian Tribe, the Cow Creek Band of Umpqua
Tribe of Indians and the Klamath Tribes, as long as each remains
a federally recognized Indian tribe.
(2)(a) The government of an eligible Indian tribe may request
the Economic and Community Development Department to designate
one reservation enterprise zone. The reservation enterprise zone
may cover an area of no more than 12 square miles, which does not
have to be contiguous. + }
{ - (a) The Indian tribe is a federally recognized Indian
tribe; - }
{ - (b) The reservation of the Indian tribe is entirely
within the boundaries of this state; - }
{ - (c) - } { + (b) Upon request, the department shall
designate a reservation enterprise zone if + } the land for which
zone designation is sought is { + :
(A) + } Land held in trust by the United States for the benefit
of the { - Indian tribe and is - } { + tribe;
(B) Land for which an application to transfer the land into
trust has been filed with the federal government and is pending;
or
(C) Land that is + } located { - entirely - } within the
boundaries of the { + tribe's + } reservation { - ; - } { + .
(c) Land designated as a reservation enterprise zone pursuant
to paragraph (b)(A) or (B) of this subsection may be outside the
boundaries of the tribe's reservation. + }
{ - (d) Fifty percent or more of the households within the
boundaries of the reservation have incomes below 80 percent of
the median income of this state, as defined by the most recent
federal decennial census; and - }
{ - (e) The unemployment rate within the reservation for all
enrolled members of the tribe is at least 2.0 percentage points
greater than the comparable unemployment rate for this state, as
defined by the most recently available data published or
officially provided and verified by the United States Government,
the Employment Department, the Portland State University
Population Research Center or a special study conducted under a
contract with a regional academic institution. - }
{ - (2) At the request of a tribal government, the Economic
and Community Development Department shall determine if trust
land is designated as a reservation enterprise zone under this
section. - }
{ + (3)(a) The government of an eligible Indian tribe may
cosponsor a reservation partnership zone comprising an area of up
to 12 square miles. A reservation partnership zone includes lands
within the jurisdiction of a cosponsoring city, county or port
and may include both lands held in trust by the federal
government for the benefit of the tribe and lands within the
boundaries of the tribe's reservation.
(b) A reservation partnership zone must be cosponsored by the
government of an eligible Indian tribe and a city, county or port
pursuant to an agreement formed under ORS 190.110 to perform the
duties imposed on a sponsor under ORS 285C.050 to 285C.250. + }
SECTION 2. ORS 285C.320 is amended to read:
285C.320. (1) A reservation enterprise zone { - shall be
considered to be - } { + is + } a rural enterprise zone for
purposes of ORS 285C.050 to 285C.250. The tribal government of
the reservation
{ - shall be considered to be - } { + is + } the sponsor of
the reservation enterprise zone.
(2) Reservation enterprise zones may not be taken into account
in determining the number of rural enterprise zones allowable in
this state under ORS 285C.050 to 285C.250, and are not subject to
numerical limitation under ORS 285C.050 to 285C.250.
(3) { + Exemptions and tax credits available in connection
with an enterprise zone are available in connection with a
reservation enterprise zone. + } In order for property within a
reservation enterprise zone to be exempt under ORS 285C.175, the
business firm and property must meet { - all of - } the
requirements applicable to business firms and property in
{ - any rural - } { + an + } enterprise zone.
(4) As used in this section, 'business firm' has the meaning
given that term in ORS 285C.050.
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