Bill Text: OR HB2943 | 2013 | Regular Session | Introduced

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Bill Title: Relating to special assessment of property; prescribing an effective date.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2943 Detail]

Download: Oregon-2013-HB2943-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 1152

                         House Bill 2943

Sponsored by Representative ESQUIVEL

                             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.

  Creates special assessment for property beginning with first
property tax year after termination of lease or sublease pursuant
to which property was exempt from property taxation. Applies to
property tax years beginning on or after July 1, 2010.
  Takes effect on 91st day following adjournment sine die. 
                        A BILL FOR AN ACT
Relating to special assessment of property; and prescribing an
  effective date.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) This section applies:
  (a) To property of a taxable owner that was assessed for ad
valorem property taxes for at least one property tax year
beginning after July 1, 1997, before being granted exemption from
ad valorem property taxation pursuant to ORS 307.112.
  (b) Beginning with the first property tax year that begins
after termination of a lease or sublease with respect to the
property entered into, as lessee or sublessee, by an entity
entitled to claim exemption for the entity's property under ORS
307.130.
  (2) For the first property tax year that begins after
termination of the lease or sublease described in subsection
(1)(b) of this section:
  (a) The county assessor shall list on the assessment and tax
roll a specially assessed value for the property that equals the
real market value of the property as of the assessment date for
the first property tax year that begins after termination of the
lease or sublease.
  (b) The maximum assessed value subject to special assessment of
the property shall equal the specially assessed value under
paragraph (a) of this subsection multiplied by the ratio, not
greater than 1.00, of the maximum assessed value the property
would have for the first property tax year that begins after
termination of the lease or sublease if the property had not been
granted exemption pursuant to ORS 307.112 over the real market
value of the property as of the assessment date for the first
property tax year that begins after termination of the lease or
sublease.
  (c) The assessed value of the property shall equal the lesser
of:

  (A) The maximum assessed value subject to special assessment of
the property as determined under paragraph (b) of this
subsection; or
  (B) The specially assessed value of the property under
paragraph (a) of this subsection.
  (3) For each property tax year following the first property tax
year that begins after termination of the lease or sublease:
  (a) The maximum assessed value subject to special assessment of
the property shall equal 103 percent of the property's assessed
value from the prior year or 100 percent of the maximum assessed
value subject to special assessment of the property from the
prior year, whichever is greater.
  (b) The assessed value of the property shall equal the lesser
of:
  (A) The maximum assessed value subject to special assessment as
determined under paragraph (a) of this subsection; or
  (B) The real market value of the property. + }
  SECTION 2.  { + Section 1 of this 2013 Act applies to property
tax years beginning on or after July 1, 2010. + }
  SECTION 3.  { + (1)(a) To receive a refund under this section,
an application must be filed with the county assessor within 60
days after the effective date of this 2013 Act.
  (b) An application filed under this section must:
  (A) Contain information necessary to substantiate the claim for
a refund and any other information required by the county
assessor.
  (B) Be accompanied by a filing fee of $200 for each property
tax year for which exemption is claimed.
  (2) For property tax years beginning on or after July 1, 2010,
and before July 1, 2013:
  (a) If property taxes in excess of the amounts that would be
due under section 1 of this 2013 Act have not been paid, the
excess taxes and any interest on the excess taxes are abated.
  (b) If property taxes in excess of the amounts that would be
due under section 1 of this 2013 Act have been paid, the tax
collector of the county in which the property is located shall
notify the governing body of the county of any refund required by
operation of section 1 of this 2013 Act.
  (3)(a) Upon receipt of notice from the tax collector under
subsection (2)(b) of this section, the governing body shall cause
a refund of any amount of excess property taxes and interest on
the excess property taxes that have been paid to be made from the
refund reserve account, if the county has established a refund
reserve account under ORS 311.807, or from the unsegregated tax
collections account described in ORS 311.385.
  (b) A refund under this subsection shall be made without
interest.
  (4) The county assessor and the tax collector shall make the
necessary corrections in the records of their offices. + }
  SECTION 4.  { + This 2013 Act takes effect on the 91st day
after the date on which the 2013 regular session of the
Seventy-seventh Legislative Assembly adjourns sine die. + }
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