Chapter 1104 Oregon Laws
1999
Session Law
AN ACT
Relating to taxation;
creating new provisions; amending ORS 285B.701, 285B.704, 285B.707, 285B.725
and 285B.728 and sections 31, 36, 37, 38, 39, 40 and 44, chapter 835, Oregon
Laws 1997; and repealing sections 34, 35, 44, 45 and 46, chapter 835, Oregon
Laws 1997.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Section 2 of this 1999 Act is added to and
made a part of ORS 285B.692 to 285B.728.
SECTION 2. (1) Except as provided in subsection (3) of
this section, the county assessor may not approve an application or grant the
exemption under ORS 285B.722 (4) unless a first-source hiring agreement under
ORS 285B.710 (1) is in effect and a copy of the agreement is included with the
application.
(2) The exemption that a
qualified business firm is receiving or has received may not be disqualified
retroactively or terminated for failure to meet the requirements of subsection
(1) of this section or ORS 285B.710 (1).
(3) In accordance with rules
adopted by the Economic Development Department, the Director of the Economic
Development Department may waive the requirements of subsection (1) of this
section or ORS 285B.710 (1) for a precertified business firm. The rules adopted
by the department shall provide for a waiver under this subsection when the
director finds that:
(a) The business firm is
unable to employ persons referred under the agreement; or
(b) The waiver will further
the goals and purposes of applicable state policies.
SECTION 3.
ORS 285B.701 is amended to read:
285B.701. (1) The
Legislative Assembly finds that the standard procedure for precertification in
an enterprise zone inappropriately deters development or redevelopment of
qualified buildings on speculation for subsequent sale or lease to eligible
business firms.
(2) Notwithstanding ORS [285B.698 and 285B.713] 285B.719 (1), a new building or structure or an addition to or
modification of an existing building [is
qualified] or structure may qualify
for the exemption allowed under ORS 285B.698 or 285B.710 if the
qualified property is leased or sold
by an unrelated party to one or more
precertified business firms [prior to
completion] after commencement
of the construction, addition or modification but prior to use or occupancy of the qualified property.
(3) For purposes of ORS
285B.722, a business firm shall not be considered precertified and is not
qualified for the exemption allowed under ORS 285B.698 or 285B.710 if the
county assessor discovers prior to initially granting the exemption that the
application for precertification was not submitted by the business firm in a
timely manner in accordance with ORS 285B.719 (1), except as allowed under
subsection (2) of this section or ORS 285B.719 (8).
(4) Records, communications
or information submitted to a public body by a business firm for purposes of
ORS 285B.650 to 285B.728 that identify a particular qualified property, that
reveal investment plans prior to precertification, that are described in ORS
192.502 (16) or that are submitted under ORS 285B.728 are exempt from
disclosure under ORS 192.410 to 192.505 and, as appropriate, shall be shared
among the county assessor, the zone sponsor, the Department of Revenue and the
Economic Development Department.
SECTION 3a.
ORS 285B.704 is amended to read:
285B.704. (1) A business firm is qualified to receive a
property tax exemption under ORS 285B.698 for its qualified property only if:
(a) The firm is an eligible business firm described in ORS
285B.707;
(b) The firm has business operations located inside [an]
the enterprise zone;
(c) The firm owns or leases qualified property located inside [an]
the enterprise zone;
(d) The employment of the firm, no later than April 1 following
the assessment year in which the investment in qualified property was
completed, is not less than 110 percent of the average annual employment of the
firm, calculated over the 12 months preceding the date of application for
precertification;
(e) The firm hired at least one new employee to work within the
enterprise zone, under paragraph (d) of this subsection, after precertification
and no later than April 1 following the assessment year in which the investment
in qualified property was completed;
(f) The firm satisfies the hiring requirements of ORS 285B.710
(1);
(g) The firm did not diminish employment outside the enterprise
zone under subsection (4) of this section;
(h) The firm did not substantially curtail employment within
the enterprise zone as described in ORS 285B.728;
(i) The firm complies [with] in all material respects with local, [state] Oregon and federal laws applicable to
the firm's [business] operations inside the enterprise zone
since the application for precertification and throughout the period of
exemption, as prescribed by rule; and
(j) The firm complies with all additional conditions for
precertification imposed by an enterprise zone sponsor under ORS 285B.671 (4).
(2)(a) Notwithstanding subsection (1)(d), (e) or (h) of this
section, an eligible business firm is a qualified business firm if it completes
an investment of $25 million or more in qualified property, on or before
December 31 preceding the first assessment year for which the exemption is
being sought, with less than a 10 percent increase in employment of the firm
but without loss of employment of the firm.
(b) Approval to extend the property tax benefit to the eligible
business firm under this subsection shall be documented by resolution of the
governing body of the sponsor. The resolution shall specify the minimum
percentage increase in employment that the eligible business firm must maintain
to be a qualified business firm throughout the exemption period. The resolution
may include other conditions for the firm to be a qualified business firm. At
the request of the eligible business firm, the sponsor may modify the
resolution prior to the initial filing by the firm for the property tax
exemption. A copy of the resolution shall be attached to the final applications
for precertification and for the property tax exemption.
(3)(a) Notwithstanding subsection (1)(d), (e) or (h) of this
section, with the approval of the sponsor of the enterprise zone, an eligible
business firm is a qualified business firm if it completes an investment of $25
million or more in qualified property, on or before December 31 preceding the
first assessment year for which the exemption is being sought, with a loss of
employment of the firm.
(b) Approval to extend the property tax benefit to the eligible
business firm under this subsection shall be documented by resolution of the
governing body of the sponsor. The resolution shall specify the minimum number
of employees that the firm must retain for the eligible business firm to be a
qualified business firm throughout the exemption period. The resolution may
include other conditions for the firm to be a qualified business firm. At the
request of the eligible business firm, the sponsor may modify the resolution
prior to the firm's initial filing for the property tax exemption. A copy of
the resolution shall be attached to the firm's applications for
precertification and for the property tax exemption.
(4) Notwithstanding subsections (1) to (3) of this section, a
business firm is not qualified to receive a property tax exemption if the firm
or any other firm under common control closes or permanently curtails
operations in another part of the state more than 30 miles from the nearest
boundary of the enterprise zone in which the firm seeks a property tax
exemption. This subsection applies to the transfer of any of the business
firm's operations to an enterprise zone from another part of the state, if the
closure or permanent curtailment in the other part of the state diminished
employment in the county and more local labor markets after precertification and
before the initial application for the exemption.
(5) An eligible business firm that moves any of its employees
from a site or sites within 30 miles from the nearest boundary of the
enterprise zone after precertification and before the initial application for
the exemption may qualify to receive a property tax exemption only if the
employment of the firm has been increased within the zone and at the site or
sites from which the employees were transferred, no later than April 1
following the assessment year in which the investment in qualified property was
completed, to not less than 110 percent of the average annual employment of the
firm within the zone and the site or sites from which the employees were
transferred, calculated over the 12 months preceding the date of application
for precertification.
(6) As used in this section and except as provided in
subsection (5) of this section, "employment of the firm" means the
number of employees working for the firm a majority of their time in eligible
operations at locations within the enterprise zone.
SECTION 3b. Nothing in the amendments to ORS 285B.704
by section 3a of this 1999 Act affects the repealing or operative date
provisions of section 22, chapter 1015, Oregon Laws 1989.
SECTION 3c. (1) If an eligible business firm completes
an investment of $25 million or more in the enterprise zone in qualified
property confined entirely within an established operating division of the firm
that would be an eligible business firm if it were separately incorporated, the
firm may elect to have the division treated as a separate eligible business
firm for purposes of applicable requirements under ORS 285B.692 to 285B.728.
The election described in this subsection may only be made with respect to an
application for the exemption of qualified property under ORS 285B.722 that was
filed on or before January 1, 1999.
(2) For purposes of ORS
285B.704 (2) or (3), if the eligible business firm makes a total investment in
the enterprise zone of $50 million or more in qualified property that initially
qualifies for not more than three consecutive years, the governing body of the
sponsor may also provide for one or more of the following as documented in the
resolution under ORS 285B.704:
(a) That, notwithstanding
ORS 285B.701 (3) or 285B.719 (1), this subsection and the application for
precertification includes qualified property in the zone, for which
construction, modification or installation commenced prior to the application,
if the firm is precertified prior to use or occupancy of the qualified
property;
(b) That the exemption shall
be granted without regard to the cost of any portion of the investment that
initially qualifies in any single year; or
(c) That the firm is not
bound by any election under subsection (1) of this section or ORS 285B.707 (5)
in effect at the time at which the zone terminated, in the case of a
precertification and exemption that is otherwise allowed under ORS 285B.686
(2).
SECTION 4. Notwithstanding ORS 285B.686 (2)(b),
sections 2 and 3c of this 1999 Act and the amendments to ORS 285B.701 and
285B.704 by sections 3 and 3a of this 1999 Act are effective for any exemption
granted under ORS 285B.650 to 285B.728.
SECTION 4a. Section 3c of this 1999 Act is repealed on
December 31, 2005.
SECTION 4b. For purposes of ORS 285B.704 (1)(i), the
Economic Development Department shall adopt rules that, notwithstanding ORS
311.205, define the effect of noncompliance on an eligible business firm's
continuing exemption in an enterprise zone and that indicate what is necessary
to establish such noncompliance in terms of the materiality of the relevant
violation, the finality of applicable legal or regulatory proceedings and
judgments involving the firm, the failure by the firm to perform or submit to
remedial or curative actions and similar factors.
SECTION 5.
ORS 285B.707 is amended to read:
285B.707. (1) Except as provided in subsections (3) and (4) of
this section, to be an eligible business firm, a business firm must[:]
[(a) Receive at least 75
percent of its annual gross receipts from within the zone from activities other
than the sale of property or services to the general public for personal or
household use or consumption; and]
[(b)] be engaged in
the business of providing goods, products or services to other businesses, and not to the general public for
personal or household use or consumption, through activities [such as] including, but not limited to, manufacturing, assembly,
fabrication, processing, shipping or storage.
(2) [The following
business firms are not eligible business firms:]
[(a) Firms that receive
25 percent or more of their annual gross receipts from within the zone from the
sale of property or services to the general public for personal or household
use or consumption.]
[(b) Firms] Businesses significantly engaged in
business activities within the
enterprise zone such as retail sales or services, child care, housing,
retail food service, health care, tourism, entertainment, financial services, professional services, leasing space to
others, property management, construction or other similar activities are not eligible business firms.
(3) Notwithstanding subsection (1) or (2) of this section, a
business firm that operates a hotel, motel or destination resort [may be a qualified] is an eligible business firm regardless of the [percentage of gross receipts attributable to]
sale of services for personal consumption,
if allowed in the enterprise zone under ORS 285B.716.
(4) Notwithstanding any other provision of this section, if a
business firm described in subsection (2) of this section engages in an
activity described in subsection (1) of this section, the business firm [may be a qualified] is an eligible business firm if the activity is performed at a
location that is separate from the activity of the firm that is described in
subsection (2) of this section. For purposes of determining whether a business
firm described in this subsection satisfies the requirements of ORS 285B.704,
only the operations of the firm that are described in subsection (1) of this
section and employees working a majority of their time in those operations
shall be considered.
(5) Two or more [corporations] business firms that otherwise meet the
requirements of this section may elect to be treated as one eligible business
firm if 100 percent of the [common stock
of the corporations] equity interest
in the business firms is owned by the same person or persons, or if one of
the [corporations] business firms owns 100 percent of the
[common stock] equity interest of the other or others.
(6) Notwithstanding
subsection (1) or (2) of this section, a business firm engaged in the activity
of providing a retail or financial service is an eligible business firm if:
(a) The activity serves
customers by responding to orders or requests received only by telephone,
computer, the Internet or similar means of telecommunications; and
(b) Not less than 90 percent
of the customers or orders are located and originate in an area from which long
distance telephone charges, in the absence of a toll-free number, would apply
if the order were placed by telephone.
(7) Notwithstanding
subsection (1) or (2) of this section, a business firm that makes an investment
in qualified property at a facility that serves statewide, regional, national
or global operations of the firm through administrative, design, financial, management,
marketing or other activities is an eligible business firm, without regard to
the relationship of such activities to any otherwise eligible activities within
the enterprise zone if:
(a) In approving the
application for precertification, the zone sponsor includes with the
application a formal finding that the facility complies with the requirements
of this subsection and that the size of the proposed investment, the employment
at the facility or the nature of the activities at the facility will
significantly enhance the local economy, in relation to the overall purpose and
employment of the zone;
(b) The actual investment
and facility of the firm are consistent with the descriptions presented in the
precertification application; and
(c) For purposes of ORS
285B.704, all employees at the facility constitute employment of the firm, as
defined in ORS 285B.704.
SECTION 6. The amendments to ORS 285B.707 by section 5
of this 1999 Act are effective for any business firm applying for
precertification during or after the assessment year beginning January 1, 1999.
SECTION 7.
ORS 285B.725 is amended to read:
285B.725. (1) Notwithstanding ORS 285B.722 (1), an application
for exemption under ORS 285B.722 may be filed under this section at any time [prior to April 15] on or before June 1 of the assessment year for which exemption is
first sought. However, any application filed after the time for filing
specified in ORS 285B.722 (1) must be accompanied by a late filing fee in the
greater of the amounts of $200 or one-tenth of one percent of the real market
value of the property, determined as of January 1 of the assessment year to
which the application pertains, by the assessor for this purpose. If the
application is not accompanied by the late filing fee or if the late filing fee
is not otherwise paid, no exemption shall be allowed based upon an application
filed pursuant to this section.
(2) An application may be filed under this section whether or
not there are grounds for hardship as required for late filing under ORS
307.475.
(3) The value of the property used to determine the late filing
fee under this section is appealable in the same manner as other acts of the
county assessor.
(4) Any filing fee collected under this section shall be
deposited to the county general fund.
SECTION 8.
ORS 285B.728 is amended to read:
285B.728. (1) The county assessor of any county in which an
enterprise zone is situated and the sponsor shall be notified in writing by the qualified business firm or by the
owner of the qualified property leased by the qualified business firm not later
than July 1 following the assessment year for which the exemption is claimed
but in which one of the following events occurs:
(a) [When] Property
granted exemption from taxation under ORS 285B.722 is sold, exchanged,
transported or otherwise disposed of for use outside the enterprise zone or for
use by an ineligible business firm;[. The notice under this paragraph shall be
provided by the qualified business firm or by the owner of the qualified
property leased by the qualified business firm not later than September 1
following the assessment year in which the exemption was claimed.]
(b) [When] A
qualified business firm closes or substantially curtails the operation of the
trade or business in which property granted exemption from taxation under ORS
285B.722 is used, except as allowed by the zone sponsor under ORS 285B.704 (2)
or (3)[. The notice under this paragraph
shall be provided by the qualified business firm closing or curtailing
operations or by the owner of the qualified property leased by the qualified
business firm not later than September 1 following the assessment year in which
the exemption was claimed.];
(c) [When] A
qualified business firm fails to meet any of the requirements of ORS 285B.704
(2)(b) or (3)(b); [, the notice under this paragraph shall be
provided by the qualified business firm or by the owner of the qualified
property leased by the qualified business firm not later than September 1
following the assessment year for which the exemption is claimed.]
(d) [When] A
qualified business firm fails to meet any of the requirements of ORS 285B.710
(2), (3) or (6); [, the notice under this paragraph shall be
provided by the qualified business firm or by the owner of the qualified
property leased by the qualified business firm not later than September 1
following the assessment year for which the exemption is claimed.]
(e) [When] A
qualified business firm fails to meet any of the requirements of ORS 285B.710
(4) or (5)[, the notice under this
paragraph shall be provided by the qualified business firm or by the owner of
the qualified property leased by the qualified business firm not later than
September 1 following the assessment year for which the exemption is claimed.]; or
(f) [When] A
qualified business firm or the
applicable activity or operation of the firm fails to meet any of the
requirements of ORS 285B.707 or 285B.713
(2)(f) or (g) after it has received a property tax exemption for its
qualified property[, the notice under
this paragraph shall be provided by the qualified business firm or by the owner
of the qualified property leased by the qualified business firm not later than
September 1 following the assessment year for which the exemption is claimed].
(2)(a) When an assessor receives written notice under
subsection (1) of this section, the assessor shall disqualify the property for
the assessment year following the disqualifying event and 100 percent of the
additional taxes calculated under ORS 285B.722 shall be assessed against the
property for each year for which the property had been granted exemption.
(b) Notwithstanding paragraph (a) of this subsection, if a
qualified business firm fails to meet any of the requirements in ORS 285B.710
(3), (4) or (6) during the exemption, but meets the requirements of ORS
285B.698 during the first three years of the exemption, the qualified business
firm is entitled to receive the property tax exemption allowed under ORS
285B.698 (3).
(c) The additional taxes assessed under this subsection shall
be reduced by the amount, if any, paid by the qualified business firm to the
sponsor under subsection (6) of this section for the same property.
(3) For the purposes of ORS 285B.704 and this section,
operation of a business firm shall be considered to be substantially curtailed
when:
(a) The number of employees within the enterprise zone is
reduced at the end of an assessment year by more than 85 percent from the
highest number of such employees at the end of any assessment year during which
the business firm received a property tax exemption under ORS 285B.698 or 285B.710;
(b) The number of employees within the enterprise zone at the
end of an assessment year has been reduced for a period longer than one year by
more than 50 percent from the highest number of such employees [in] at
the end of any assessment year during which the firm was receiving a
property tax exemption under ORS 285B.698 or
285B.710; or
(c) The average annual number of employees within the
enterprise zone is reduced at the end of the first assessment year of exemption
and any subsequent qualifying years below 110 percent of the average annual
number of employees at facilities of the firm located within the enterprise
zone on the date of application for precertification.
(4) If the qualified business firm or owner fails to give the
notice on time or at all as required
by subsection (1) of this section, upon discovering the property no longer
qualifies for the exemption due to a circumstance described in subsections (1)
and (3) of this section, the
assessor shall:
(a) Compute the amount of taxes described in subsection (2) of
this section as though notice had been given, and shall add to that amount an
additional penalty equal to 20 percent of the total amount so computed; and
(b) Add the property to the assessment and tax roll without the
exemption as if the notice had been given.
(5) The amount determined to be due under subsections (2) and
(4) of this section:
(a) May be paid to the tax collector before completion of the
next general property tax roll pursuant to ORS 311.370; and
(b) Shall be added to the tax extended against the property on
the next general property tax roll to be collected and distributed in the same
manner as the remainder of the property taxes.
(6)(a) Notwithstanding subsections (2) and (5) of this section,
when an assessor and sponsor receive notice under subsection (1)(b), (c), (d)
or (e) of this section and the qualified business firm has not closed its
operations, the qualified business firm shall pay the sponsor an amount equal
to the property taxes [that had been
abated] for the qualified property [during] in the assessment year [in] for which the [failure occurred] exemption
is claimed.
(b) Moneys collected under paragraph (a) of this subsection
shall be used by the sponsor to benefit the residents of the enterprise zone
and for the development of jobs, skills and training for residents of the
enterprise zone and the zone's immediate vicinity.
(c) This subsection applies only to the first notice under
subsection (1)(b), (c), (d) or (e) of this section or for the second notice
under subsection (1)(b), (c), (d) or (e) of this section in the case of the
final year of an exemption lasting a total of five consecutive [tax] years under ORS 285B.710.
(d) If the sponsor does not receive the full amount to be paid
by the qualified business firm under paragraph (a) of this subsection, the
assessor shall disqualify the property under subsections (2) and (5) of this
section.
(7) The assessor [shall] is at all times [be] authorized to demand [and
receive reports] by registered or certified mail reports from owners or lessees [of] concerning the use
of the qualified property and the employment status of the qualified business
firm for purposes of this section.
If the owner or lessee [shall fail,] fails after [90] 60 days' notice in
writing by certified mail to comply with such demand, the assessor may [immediately remove] disqualify the exemption in
accordance with subsection (2) of this section, [give] giving written
notice of [such removal] the disqualification to the Department
of Revenue and the owners or lessees of the qualified property [and apply the penalties provided in this
section].
(8) The assessor is under no obligation to verify compliance by
qualified business firms with requirements imposed under ORS 285B.710 (2),
(3)(b), (4), (5) or (6)(b).
(9) The sponsor of an enterprise zone may initiate procedures
in order to verify compliance by qualified business firms with requirements
imposed under ORS [285B.710 (2), (3)(b),
(4), (5) or (6)(b)] 285B.692 to
285B.728.[, including] The procedures may include written
requests to the assessor[, for only one
qualified business per request,] by
the local zone manager or an executive official of the sponsoring jurisdiction
in which the qualified business firm is located that the assessor exercise
authority under subsection (7) of this section for a particular qualified business firm. [Such procedures may also include requirements for periodic reporting by
qualified business firms directly to the zone sponsor or to designated
recipients, such as the assessor or a publicly funded job training provider,
that will transfer reported information to the zone sponsor.]
(10) An assessor may not impose the property taxes and
penalties specified in subsection (4) of this section for failure by a
qualified business firm or an owner of qualified property leased by the
qualified business firm to notify the assessor or the enterprise zone sponsor
that the qualified business firm does not meet requirements under ORS 285B.710
(2), (3)(b), (4), (5) or (6)(b), without having received written communication
from the zone sponsor that demonstrates that the qualified business firm does
not meet such requirements.
(11) Additional taxes collected under this section shall be
deemed to have been imposed in the year to which the additional taxes relate.
SECTION 9.
Section 31, chapter 835, Oregon Laws 1997, is amended to read:
Sec. 31. ORS
285B.653, 285B.656, 285B.659, 285B.662,
285B.683, 285B.689, 285B.701 and 285B.725 and [section 2 of this Act]
section 2 of this 1999 Act are repealed on June 30, 2009.
SECTION 10.
Section 36, chapter 835, Oregon Laws 1997, is amended to read:
Sec. 36. As used in
sections 36 to 40, [of this Act] chapter 835, Oregon Laws 1997:
(1) "County with
chronically low income or chronic unemployment" means, based on the
most recently revised annual average unemployment rate or annual per capita income levels available, a county in which:
(a) The median ratio of
the per capita personal income of the county to the equivalent annual personal
income figure of the entire United States for each year, as reported by the
Bureau of Economic Analysis of the United States Department of Commerce, is
equal to or less than 0.75 over the last 10 years;
(b) Both of the following
criteria are satisfied:
[(a)] (A) The median ratio of the
unemployment rate of the county to the equivalent rate of the entire United
States for each year is at least 1.3 over the last 20 years or over the last 10
years; and
[(b)] (B) The current unemployment rate of
the county is at least one percentage point higher than the unemployment rate
of the county for the immediately prior year or at least 50 percent higher than
the current unemployment rate of this state;
or
(c) The population of the
county has experienced a negative net migration, irrespective of natural
population change, since the most recent federal decennial census occurring
three or more years prior to the current estimated population figure for the county,
based on available population statistics.
(2) "Nonurban enterprise zone" has the meaning given
that term in ORS 285B.650.
(3) "Taxing unit" means the State of Oregon or any
county, city, municipal corporation, district or other government unit that has
the power to tax.
SECTION 11.
Section 37, chapter 835, Oregon Laws 1997, is amended to read:
Sec. 37. (1) Any
business firm proposing to apply for the tax exemption provided under section
38 (1), [of this Act] chapter 835,
Oregon Laws 1997, shall, before the commencement of construction or
installation of property or improvements at a facility in a nonurban enterprise
zone and before the hiring of employees, apply for certification with the
sponsor of the zone and with the county assessor of the county or counties in
which the zone is located. The application shall be made on a form prescribed
by the Department of Revenue.
(2) The application shall contain the following information:
(a) A description of the firm's business operations and
facility in the nonurban enterprise zone;
(b) A description and estimated cost or value of the property
or improvements to be constructed or installed at the facility in the nonurban
enterprise zone;
(c) An estimate of the number of employees at the facility that
will be hired by the firm;
(d) A commitment to meet all requirements of subsection (8) of
this section;
(e) A commitment to satisfy all additional conditions for
certification that are imposed by the nonurban enterprise zone sponsor under
subsection (3)(c) of this section; and
(f) Any other information considered necessary by the
Department of Revenue.
(3) The sponsor and the county assessor shall certify the business
firm by approving the application if the sponsor and the county assessor
determine that:
(a) The governing body of the county and city in which the
facility is located has adopted a resolution approving the property tax
exemption for the facility;
(b) The business firm has committed to meet the requirements of
subsection (8) of this section;
(c) The business firm has entered into a written agreement with
the sponsor of the nonurban enterprise zone that may include any additional
requirements that the sponsor may reasonably request, including but not limited
to contributions for local services or infrastructure benefiting the facility;
and
(d) The facility is located in a county with chronically low income or chronic
unemployment, based on the most recently revised annual [average unemployment rate]
data available when the written agreement with the zone sponsor is entered
into.
(4) The approval of an application by both the sponsor and the
county assessor under subsection (3) of this section shall be prima facie
evidence that the business firm will be qualified for the property tax
exemption under section 38 (1) and (2),
[of this Act] chapter 835, Oregon Laws 1997.
(5) The sponsor or the county assessor shall not be liable in
any way if it is determined that the certified business firm has not satisfied
the requirements of subsection (8) of this section.
(6) The sponsor and the county assessor shall provide copies of
an approved application to the applicant, the Department of Revenue and the
Economic Development Department.
(7) If the sponsor or the county assessor fails or refuses to
certify the business firm, the business firm may appeal to the Oregon Tax Court
under ORS 305.404 to 305.560. The business firm shall provide copies of the
firm's appeal to the sponsor, the county assessor, the Economic Development
Department and the Department of Revenue.
(8) A business firm shall receive a property tax exemption from
the county assessor under section 38
(1), [of this Act] chapter 835, Oregon Laws 1997, for
property and improvements at a facility in a nonurban enterprise zone if, except as allowed under section 15 (1),
(2) or (3) or section 17 (1) of this 1999 Act, all of the following
conditions are met:
[(a) The total costs of
property and improvements at the facility after certification are or will be
more than $50 million by the end of the calendar year in which the facility is
placed in service.]
(a) By the end of the
calendar year in which the facility is placed in service, the total costs of property
and improvements at the facility after certification are or will be more than
the lesser of:
(A) $50 million; or
(B) A figure equal to one
percent of the value of all nonexempt taxable property in the county in which
the facility is located, as reported by the Department of Revenue as net real
market value at the time that the business firm is certified, and rounded to
the nearest $10 million of such value.
(b) The business firm hires or will hire at least [100] 75 full-time employees at the facility by the end of the fifth
calendar year following the year in which the facility is placed in service.
Unless the decrease in the number of employees is caused by circumstances
beyond the taxpayer's control, including force majeure, or is due to a temporary
adverse business cycle, after the number of employees required by this
paragraph are hired, the number of employees shall not fall below [100]
75.
(c) The [gross annual
average wage] annual average
compensation for employees, based on payroll, at the business firm's
facility is at least 150 percent of the average wage in the county in which the
facility is located. This one-time requirement may be met in any year during
the first five years after the year in which operation of the facility begins.
Unless the decrease in the average [wage]
compensation is caused by
circumstances beyond the taxpayer's control, including force majeure, the
average [wage] compensation at the taxpayer's facility shall not decrease to less
than 150 percent of the average wage in the county in which the taxpayer's
facility is located, as determined for the year in which the one-time
requirement was met.
(9) Upon meeting the requirements set forth in subsection (8)
of this section, the business firm shall notify the county assessor in writing
that the requirements of subsection (8) of this section have been met.
(10) The county assessor, for each tax year that the property
at the facility is exempt from taxation under section 38 (1) or (2), chapter 835, Oregon Laws 1997 [of this Act], shall:
(a) Enter on the assessment roll, as a notation, the real
market value and assessed value of the property as if it were not exempt under
section 38 (1) or (2), [of this Act] chapter 835, Oregon Laws 1997.
(b) Enter on the assessment and the tax roll, as a notation,
the amount of taxes that would be due if the property were not exempt.
(c) Indicate on the assessment and tax roll that the property
is exempt and is subject to potential additional taxes as provided in section
39, [of this Act] chapter 835,
Oregon Laws 1997, by adding the notation "enterprise zone exemption
(potential additional tax)."
SECTION 12.
Section 38, chapter 835, Oregon Laws 1997, is amended to read:
Sec. 38. (1) All of
the property and improvements at the facility of a certified business firm
shall be exempt from ad valorem taxation if the facility satisfies the
requirements of section 37 (8), [of this Act] chapter 835, Oregon Laws 1997.
[(2)] The exemption
allowed under this subsection [this section] shall first apply to the
ad valorem tax year immediately following the tax year in which the business
firm's facility is placed in service.
(2) Prior to [such] the ad valorem tax year
specified in subsection (1) of this section, no ad valorem taxes shall be
imposed by a taxing unit on or with respect to the facility site and any
property thereon owned or leased by the taxpayer, beginning in the tax year that begins in the first calendar year
after which the business firm is certified or after which construction or reconstruction
of the facility commences, whichever event occurs later.
(3) [An] Any exemption allowed under subsection (1) or (2) of this section
shall be 100 percent of the assessed value of the property and improvements at
the facility in each of the tax years for which the exemption is available.
(4) The exemption
allowed under subsection (1) of this
section is available for a period of at
least 7 but not more than 15 consecutive tax years, as determined in the written agreement between the business firm and
the enterprise zone sponsor under section 37 (3)(c), chapter 835, Oregon Laws
1997.
[(4)] (5) An exemption allowed under subsection (1) or (2) of this section
shall not be allowed for real or personal property that has received a property
tax exemption under ORS 285B.698.
SECTION 13.
Section 39, chapter 835, Oregon Laws 1997, is amended to read:
Sec. 39. If a
business firm that is certified under section 37, [of this Act] chapter 835, Oregon Laws 1997, does not
begin operations or is not reasonably expected to begin operations, as
determined by the county assessor consistent with criteria established by rule
of the Department of Revenue, or fails to meet the minimum requirements set
forth in section 37 (8), [of this Act] chapter 835, Oregon Laws 1997, [the ad valorem tax liability of the business firm shall be increased
for the current tax year by an amount equal to the total amount of ad valorem
taxes exempted in previous ad valorem tax years. When such an increase in ad
valorem tax liability occurs,] while
receiving an exemption under section 38 (1) or (2), chapter 835, Oregon Laws
1997, the exemption shall terminate on July 1 following the then current tax
year and there shall be added to the tax extended against the property on
the next general property tax roll, to be collected and distributed in the same
manner as the remainder of [real property
tax] ad valorem property taxes,
an amount equal to the difference between the taxes assessed against the
property and improvements and the taxes that would otherwise have been assessed
against the property and improvements for each of the [15] consecutive tax years referred to in section 38 [(3) of this Act] (4), chapter 835, Oregon Laws 1997, (or a lesser number of
applicable years) and for any tax years
under section 38 (2), chapter 835, Oregon Laws 1997, [as of July 1 of the ad valorem tax year for which the property was
disqualified for the tax exemption] prior
to the termination of the exemption under this section.
SECTION 14.
Section 40, chapter 835, Oregon Laws 1997, is amended to read:
Sec. 40. (1)
Notwithstanding any law under which a taxing unit may levy or impose any ad
valorem taxes on or with respect to a taxpayer located in a nonurban enterprise
zone, a taxpayer that is a subchapter C corporation for federal income tax
purposes and that [is constructing] owns or leases and is operating a facility in a nonurban enterprise zone
that is exempt from ad valorem property taxes under section 38 (1), [of this Act] chapter 835,
Oregon Laws 1997, is entitled to tax credits for each tax year that are
equal to 62.5 percent of the taxpayer's payroll and employee benefit costs,
including but not limited to workers' compensation insurance and payroll taxes,
of the facility for a period of at least
5 but not more than 15 consecutive tax
years, [subject to written approval from] as set forth and approved in writing by
the Governor.
(2) The 5- to
15-year period referred to in subsection (1) of this section may begin in any
tax year designated by the taxpayer in writing to the Department of Revenue,
but shall not begin later than the third calendar year after the year in which
the taxpayer begins operation of the facility. The entitlement of the taxpayer to the tax credits allowed under this
section is not jeopardized solely because the 5- to 15-year period extends
beyond the conclusion of the exemption period under section 38 (4), chapter
835, Oregon Laws 1997, if the requirements of section 37 (8), chapter 835,
Oregon Laws 1997, continue to be satisfied.
(3) The tax credits authorized by this section may be used in
each year during the 5- to 15-year
period referred to in subsection (1) of this section to offset any corporate
excise taxes, corporate income taxes, gross receipts taxes, sales and use
taxes, except vehicle and vehicular fuel taxes, or any other similar taxes
levied or imposed by the State of Oregon relating to the facility.
(4) Unless the facility
is disqualified under section 39, chapter 835, Oregon Laws 1997, any tax
credits allowable under this section during the 5- to 15-year period referred to in subsection (1) of this section
that are not used by the taxpayer in a particular tax year during such 5- to 15-year period may be carried
forward and used by the taxpayer for a period of five years after the end of
the 5- to 15-year period referred to
in subsection (1) of this section.
(5) Notwithstanding subsections (3) and (4) of this section[,]:
(a) Tax credits
allowable under this section may not be used to offset the first $1 million, or a lesser amount that is allowed under
section 15 (4) of this 1999 Act, of corporate excise or income taxes paid by the corporation to this state
in any taxable year. The first $1
million paid or any lesser amount that is allowed and paid includes taxes
generally attributable to operations of the taxpayer throughout this state.
(b) The Department
of Revenue shall distribute annually 30 percent of the taxpayer's annual tax
payment [under this section] of corporate or income taxes to the enterprise zone sponsor and other taxing districts, beginning in
the first year for which a tax credit allowable under this section is claimed,
and continuing either until the end of the period of five years under
subsection (4) of this section, or until no unused tax credit is claimed in a
year during that period.
(c) Following
distribution to the enterprise zone sponsor and other taxing districts of 30
percent of the first $1 million or any lesser amount that is allowed of
corporate income or excise taxes paid, further distribution under paragraph (b)
of this subsection shall be limited to 30 percent of the corporation's annual
payment of income or excise taxes relating to the facility, if any, that remain
following exhaustion of any tax credit allowable and claimed under this
section.
(d) The 30 percent of annual
tax payment to be distributed under this subsection shall not be considered a
part of the budget of the General Fund and shall be held separate and apart
from the general tax collections of this state in a suspense account established
under ORS 293.445 pending the actual distribution to the zone sponsor and other
taxing districts.
(e) For purposes of this
subsection, tax credits, other than those allowable under this section:
(A) Are not considered
payments; and
(B) May not be used to
offset the first $1 million or any lesser amount that is allowed of the
corporation's income or excise taxes paid, or any such taxes paid relating to
the facility, in any taxable year in which tax credits allowable under this
section are claimed.
(6) Notwithstanding subsections (1) to (5) of this section, a
taxing unit shall not levy or impose any taxes described in subsection (3) of
this section on or with respect to a facility of the taxpayer, or the
production therefrom, until the taxable year after the tax year in which the
taxpayer's facility is placed into service.
(7) The tax credits allowed under this section are not in lieu
of any deductions for depreciation or amortization, for payment of wages or
other employee costs or for any other costs or expenses to which the
corporation is entitled.
(8) The tax credits allowed under this section may not be
transferred to another taxpayer.
(9)(a) For the purposes
of calculating corporate income or excise taxes for the tax credits allowed
under this section, "income or excise taxes relating to the facility"
means income or excise taxes directly attributable to the qualifying facility
and its operations at the facility site without regard to the existence of
other operations or facilities of the taxpayer, whether within or outside this
state.
(b) If the qualifying
facility is the only property or operation of the taxpayer within this state,
all Oregon income or excise taxes of the taxpayer are income or excise taxes
relating to the facility.
(c) If the taxpayer
maintains other Oregon property or operations in addition to the qualifying
facility, income or excise taxes relating to the facility are determined by
multiplying the total Oregon income or excise taxes by a fraction, the
numerator of which is the income of the facility, as determined in accordance
with generally accepted accounting principles and reviewed by an independent
public accountant in accordance with Statements on Standards for Accounting and
Review Services issued by the American Institute of Certified Public
Accountants, and the denominator of which is the total Oregon income, as
determined in accordance with generally accepted accounting principles and
reviewed by an independent public accountant in accordance with Statements on
Standards for Accounting and Review Services issued by the American Institute
of Certified Public Accountants. If no such data are prepared in accordance
with generally accepted accounting principles and reviewed by an independent
public accountant in accordance with Statements on Standards for Accounting and
Review Services issued by the American Institute of Certified Public
Accountants, income or excise taxes are apportioned to the qualifying facility
by multiplying the total Oregon income or excise taxes by a fraction, the
numerator of which is the sum of the intrastate payroll factor plus the
intrastate property factor and the denominator of which is two.
(d) The intrastate payroll
factor is a fraction, the numerator of which is the total amount paid for
compensation at the qualifying facility during the tax period and the
denominator of which is the total amount of compensation paid in Oregon during
the tax period.
(e) The intrastate property
factor is a fraction, the numerator of which is the average net book value of
the real and tangible personal property owned or rented and located at the
qualifying facility during the tax period and the denominator of which is the
average net book value of the real and tangible personal property owned or
rented by the taxpayer in Oregon during the tax period. The average net book
value of real and tangible personal property shall be determined using
generally accepted accounting principles.
(10)(a) The annual
distribution to the enterprise zone sponsor and other taxing districts under
subsection (5) of this section of 30 percent of corporate income or excise
taxes paid by the corporation to this state shall be distributed by the
Department of Revenue to each county treasurer in a single payment for each
facility.
(b) If the facility is
situated in more than one code area, the county treasurer shall allocate
payments to each code area based on the ratio of the real market value of the
facility in each code area over the total real market value of the facility in
all of the code areas.
(c) The county treasurer
shall distribute the moneys allocated to each code area to the taxing districts
located within the code area based on the ratio of the operating tax billing
rate that each taxing district bears to the total operating tax billing rate of
the taxing districts located in the code area as calculated on the most recent
tax roll certified under ORS 311.105. However, the distribution to any taxing
district under this paragraph may not exceed the amount of property taxes that
the district had forgone in the current ad valorem tax year as a result of an
exemption on the facility under section 38 (1), chapter 835, Oregon Laws 1997.
(d) If the distribution to
taxing districts under paragraph (c) of this subsection is less than the total
amount distributed by the Department of Revenue in the current year under
paragraph (a) of this subsection, the remainder shall be distributed by the
county treasurer to the zone sponsor.
(e) The county treasurer
shall distribute moneys under this subsection to taxing districts in a separate
distribution within 90 days of receipt or completion of the applicable
assessment and tax roll under section 37 (10), chapter 835, Oregon Laws 1997,
whichever occurs later.
(f) For purposes of this
subsection, a school district, an education service district or a community
college district shall not be considered a taxing district.
SECTION 15. (1) Notwithstanding section 37 (8)(b),
chapter 835, Oregon Laws 1997, or subsection (2)(b) of this section, the facility
of a certified business firm that otherwise meets the requirements of sections
36 to 40, chapter 835, Oregon Laws 1997, shall receive the exemption under
section 38 (1), chapter 835, Oregon Laws 1997, if:
(a) The business firm hires
or will hire at least 10 full-time employees at the facility by the end of the
third calendar year following the year in which the facility is placed in
service, and at the time that the business firm is certified, the location of
the facility is in a county with a currently estimated population of 10,000 or
less; or
(b) The business firm hires
or will hire at least 35 full-time employees at the facility by the end of the
third calendar year following the year in which the facility is placed in
service, and at the time that the business firm is certified, the location of
the facility is in a county with a currently estimated population of 40,000 or
less.
(2) Notwithstanding section
37 (8)(a) or (b), chapter 835, Oregon Laws 1997, the facility of a certified
business firm that otherwise meets the requirements of sections 36 to 40,
chapter 835, Oregon Laws 1997, shall receive the exemption under section 38
(1), chapter 835, Oregon Laws 1997, if:
(a) By the end of the
calendar year in which the facility is placed in service, the total costs of
improvements and property at the facility are or will be equal to more than
one-half of one percent of the value of all nonexempt taxable property in the county
in which the facility is located, as reported by the Department of Revenue as
net real market value at the time that the business firm is certified and
rounded to the nearest $10 million of such value;
(b) The business firm hires
or will hire at least 50 full-time employees at the facility by the end of the
third calendar year following the year in which the facility is placed in
service; and
(c) At the time that the
business firm is certified, the location of the facility is 10 or more miles
from Interstate Highway 5, as measured between the two closest points between
the facility site and anywhere along that interstate highway.
(3) Unless the decrease in
the number of employees is caused by circumstances beyond the control of the
business firm, including force majeure, or is due to a temporary adverse
business cycle, after the number of employees required by subsection (1)(a) or
(b) or (2)(b) of this section are hired, the number of employees at the
facility shall not fall below the required level, for purposes of section 39,
chapter 835, Oregon Laws 1997.
(4) A taxpayer that is a
subchapter C corporation for federal income tax purposes and that owns or
leases and is operating a facility in a nonurban enterprise zone that is exempt
from ad valorem taxation under section 38 (1), chapter 835, Oregon Laws 1997,
pursuant to subsection (1), (2) or (3) of this section, is entitled to the tax
credits in accordance with the provisions of section 40, chapter 835, Oregon
Laws 1997, except that for purposes of section 40 (5), chapter 835, Oregon Laws
1997, the minimum of corporate excise or income taxes paid by the corporation
to this state that may not be offset by the tax credits shall be the lesser of
the first $1 million or one of the following products, whichever is applicable:
(a) $10,000 multiplied by
the number of full-time employees hired at the facility as initially verified
by the business firm or by the number of such employees as subsequently
verified, if necessary, for purposes of subsection (3) of this section, for a facility
receiving the exemption as provided under subsection (1)(a) of this section;
(b) $12,500 multiplied by
the number of full-time employees hired at the facility as initially verified
by the business firm or by the number of such employees as subsequently
verified, if necessary, for purposes of subsection (3) of this section, for a facility
receiving the exemption as provided under subsection (1)(b) of this section; or
(c) $15,000 multiplied by
the number of full-time employees hired at the facility as initially verified
by the business firm or by the number of such employees as subsequently
verified, if necessary, for purposes of subsection (3) of this section, for a
facility receiving the exemption as provided under subsection (2) of this
section.
(5) For purposes of
subsection (4) of this section, the business firm may not begin to use the tax
credits in accordance with section 40 (2), chapter 835, Oregon Laws 1997, until
the firm has initially verified the number of employees hired at the facility
to the satisfaction of the county assessor and the Department of Revenue, and
any change in the relevant product shall apply to each tax year beginning after
the subsequent verification.
SECTION 16. Section 15 of this 1999 Act is applicable
to any business firm certified under section 37, chapter 835, Oregon Laws 1997,
after the effective date of this 1999 Act. A business firm or facility that
satisfies the applicable requirements of section 15 of this 1999 Act shall be
considered to have satisfied the corresponding requirements of section 37 (8),
chapter 835, Oregon Laws 1997, as modified under section 15 (1), (2) or (3) of
this 1999 Act.
SECTION 17. (1) Notwithstanding section 37 (8)(a) and
(b), chapter 835, Oregon Laws 1997, the facility of a certified business firm
that otherwise meets the requirements of sections 36 to 40, chapter 835, Oregon
Laws 1997, shall receive the exemption under section 38 (1), chapter 835,
Oregon Laws 1997, if:
(a) Within three years
either before or after the ad valorem tax year in which the facility is placed
in service, the business firm places one or more other facilities in the same
or another enterprise zone for which the business firm is certified and
otherwise meets the requirements of sections 36 to 40, chapter 835, Oregon Laws
1997;
(b) The total cost of
improvements and property at all such facilities are or will be more than $50
million by the end of the calendar year in which the last such facility is
placed in service;
(c) The requirement of
section 37 (8)(c), chapter 835, Oregon Laws 1997, is satisfied independently by
each facility; and
(d) The business firm hires
or will hire at least 100 full-time employees at all such facilities by the end
of the fifth calendar year following the year in which the first such facility
is placed in service. After 100 or more full-time employees are hired as
required under this paragraph, the number of employees shall not fall below 100
unless the decrease in the number of employees is caused by circumstances
beyond the control of the business firm, including force majeure, or is due to
a temporary adverse business cycle.
(2) A taxpayer that is a
subchapter C corporation for federal income tax purposes and that owns or
leases and operates in a nonurban enterprise zone any facility that is exempt
from ad valorem taxation under subsection (1) of this section is entitled to the
tax credits under section 40, chapter 835, Oregon Laws 1997, insofar as the
Governor's approval specifies the facility and the time period for which the
tax credits apply. The tax credit for each tax year for each specified
facility:
(a) Shall be calculated
based on the taxpayer's total annual payroll and employee benefit costs at that
facility; and
(b) May be used to offset
only those taxes, as described in section 40 (3), chapter 835, Oregon Laws
1997, relating to that facility, consistent with section 40 (9), chapter 835,
Oregon Laws 1997.
(3) If a taxpayer claims or
may claim tax credits allowable under section 40, chapter 835, Oregon Laws
1997, for two or more facilities located in more than one nonurban enterprise
zone, then the annual distribution to the enterprise zone sponsors and other
taxing districts of 30 percent of the first $1 million of corporate income or
excise taxes paid by the corporation to this state, under section 40 (5),
chapter 835, Oregon Laws 1997, shall be distributed to each zone sponsor and
other taxing districts in proportion to the relative size of the intrastate
property factor among the facilities for that year under section 40 (9)(e),
chapter 835, Oregon Laws 1997.
SECTION 18. Section 17 of this 1999 Act applies to any
business firm certified under section 37, chapter 835, Oregon Laws 1997, during
or after the 1999 assessment year.
SECTION 19.
Section 44, chapter 835, Oregon Laws 1997, is amended to read:
Sec. 44. (1)
Notwithstanding ORS 285B.698 (3) and (5)(c) and 285B.722 (1), if a business
firm does not qualify under ORS 285B.704 for a property tax exemption on
qualified property solely because the business firm failed to file the
application for exemption prior to April 1 of the assessment year for which the
exemption is first sought, the business firm may submit an application for tax
exemption for the qualified property to the county assessor on or before
December 31 of the same assessment year. If the business firm meets the
applicable requirements of ORS 285B.698, 285B.701, 285B.704, 285B.707,
285B.710, 285B.713, 285B.716, 285B.719, 285B.722 and 285B.728:
(a) The business firm shall qualify for the remainder of the
exemption period that was otherwise available under ORS 285B.698 or 285B.710;
and
(b) The county assessor shall take action under ORS 285B.722
(4) that is necessary to allow the qualified property to be exempted from
property taxation for the remaining tax years that were otherwise available for
exemption under ORS 285B.698 or 285B.710 after the first tax year, regardless
of the prior entry of the qualified property on the county assessment roll.
(2) Nothing in this section exempts from ad valorem taxation:
(a) The qualified property in tax years other than those
specified in subsection (1)(b) of this section;
(b) Any property that does not meet the requirements of
subsection (1) of this section; or
(c) Any qualified property that was in use or occupancy within
the enterprise zone for more than 12 months by [January 1] December 31
preceding the assessment year in which the application for exemption is
submitted under subsection (1) of this section.
(3) If the qualified property is leased by the business firm,
the owner of the qualified property leased by the business firm shall also join
in the application submitted under subsection (1) of this section.
(4) An application may be submitted under subsection (1) of
this section regardless of there being grounds for hardship as required for
late filing under ORS 307.475.
SECTION 20. Section 44, chapter 835, Oregon Laws 1997,
operates in lieu of section 34, chapter 835, Oregon Laws 1997, for assessment
years beginning on or after January 1, 1998.
SECTION 21. Nothing in the amendments to ORS 285B.701
and 285B.725 by sections 3 and 7 of this 1999 Act affects the repealing or
operative date provisions of section 31, chapter 835, Oregon Laws 1997.
SECTION 22. Nothing in the amendments to ORS 285B.707
and 285B.728 by sections 5 and 8 of this 1999 Act affects the repealing or
operative date provisions of section 22, chapter 1015, Oregon Laws 1989.
SECTION 23. (1) Nothing in the amendments to sections
36, 37, 38, 39 and 40, chapter 835, Oregon Laws 1997, by sections 10, 11, 12,
13 and 14 of this 1999 Act affects the provisions of sections 42 and 43,
chapter 835, Oregon Laws 1997.
(2) The amendments to
sections 36, 37, 38, 39 and 40, chapter 835, Oregon Laws 1997, by sections 10,
11, 12, 13 and 14 of this 1999 Act apply to any tax exemptions or tax credits
under sections 36 to 40, chapter 835, Oregon Laws 1997, except that the normal
period for the exemption from ad valorem taxation under section 38 (1), chapter
835, Oregon Laws 1997, or for the tax credits allowed under section 40, chapter
835, Oregon Laws 1997, shall not be less than 15 years for a taxpayer that
applied for certification under section 37 (1), chapter 835, Oregon Laws 1997,
prior to the effective date of this 1999 Act.
SECTION 24. Sections 34, 35 and 46, chapter 835, Oregon
Laws 1997, are repealed.
SECTION 25. Section 45, chapter 835, Oregon Laws 1997,
is repealed on January 1, 2000.
SECTION 26. Section 44, chapter 835, Oregon Laws 1997,
is repealed on June 30, 2009.
SECTION 27. Section 17 of this 1999 Act is repealed on
December 31, 2002.
Approved by the Governor
September 3, 1999
Filed in the office of the
Secretary of State September 3, 1999
Effective date October 23,
1999
__________