Bill Text: OR HB3043 | 2011 | Regular Session | Introduced

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Bill Title: Relating to enterprise zones; prescribing an effective date.

Spectrum: Moderate Partisan Bill (Republican 8-2)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3043 Detail]

Download: Oregon-2011-HB3043-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 1035

                         House Bill 3043

Sponsored by Representative OLSON, Senator MORSE; Representatives
  CLEM, JOHNSON, SCHAUFLER, SPRENGER, WAND, WHISNANT, Senators
  KRUSE, THOMSEN

                             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.

  Authorizes enterprise zone sponsor to suspend employment
requirements for exemption from property taxation for qualified
business firm under certain economic conditions.
  Repeals alternative requirements for qualifying reconditioned,
refurbished, retrofitted or upgraded property for enterprise zone
tax exemption.
  Takes effect on 91st day following adjournment sine die.

                        A BILL FOR AN ACT
Relating to enterprise zones; creating new provisions; amending
  ORS 285C.105, 285C.140, 285C.175, 285C.200 and 285C.210 and
  section 2, chapter 39, Oregon Laws 2010; repealing ORS
  285C.195; and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. Section 2, chapter 39, Oregon Laws 2010, is amended
to read:
   { +  Sec. 2. + }   { - For purposes of ORS 285C.200 (3): - }
    { - (1) When the conditions specified in subsection (2) of
this section exist, the sponsor of an enterprise zone may: - }
    { - (a) Specify a minimum number of employees that an
authorized business firm must maintain throughout the exemption
period that is less than the employment requirements of ORS
285C.200 (1)(c); and - }
    { - (b) Extend the period of time for which the qualified
property of the authorized business firm may continue to be
exempt from taxation under ORS 285C.175, not to exceed two
additional tax years. - }
    { - (2) The zone sponsor may take the actions specified in
subsection (1) of this section when the following conditions
exist: - }
    { - (a) There has been a decline for two or more consecutive
quarters in the last 12 months in seasonally adjusted nonfarm
payroll employment; and - }
    { - (b) The unemployment rate of the county in which the
enterprise zone is located is at least two 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
or the Employment Department. - }
    { - (3) When the zone sponsor has taken the actions specified
in subsection (1) of this section, the authorized business firm
may not file a claim for exemption under ORS 285C.175 unless it
otherwise meets all of the requirements of ORS 285C.200 (1) for
any tax year during the exemption period as extended under
subsection (1)(b) of this section. - }
    { - (4) The actions of the zone sponsor under subsection (1)
of this section must be set forth in a resolution adopted by the
governing body of the sponsor within 60 days of taking the
actions. A resolution adopted under this subsection may be
revoked or modified at the request of the zone sponsor at any
time during the exemption period as extended under subsection
(1)(b) of this section. - }
    { - (5) An eligible business firm authorized under ORS
285C.140 does not lose its status as an authorized business firm
solely because the zone sponsor has taken the actions specified
in subsection (1) of this section. - }
   { +  (1)(a) The sponsor of an enterprise zone may suspend the
obligation of a qualified business firm to meet the employment
requirements of ORS 285C.200 for a period not to exceed three
consecutive years when:
  (A) For two or more consecutive calendar quarters in the last
12 months, as defined by the most recently available data
published or officially provided and verified by the United
States Government or the Employment Department:
  (i) There has been a decline statewide in seasonally adjusted
nonfarm payroll employment; and
  (ii) The unemployment rate of the county in which the qualified
property of the firm is located has been at least two percentage
points greater than the comparable unemployment rate for this
state; and
  (B) The qualified business firm has completed an investment in
qualified property of at least:
  (i) $4 million if the qualified property is in a rural
enterprise zone; or
  (ii) $8 million if the qualified property is in an urban
enterprise zone.
  (b) At the time a period of suspension is granted, the sponsor
must specify a minimum number of employees greater than zero that
the qualified business firm is required to employ during the
period of suspension.
  (2)(a) The granting of a period of suspension under subsection
(1) of this section does not affect an eligible business firm's
status as an authorized business firm under ORS 285C.140.
  (b) During the period of suspension:
  (A) The qualified business firm is not exempt from taxation
under ORS 285C.175; and
  (B) Notwithstanding subparagraph (A) of this paragraph, the
qualified business firm must file an exemption claim as required
under ORS 285C.220 and 285C.225.
  (c) The period of suspension does not count toward the total
period of time for which exemption from taxation is allowed under
ORS 285C.175.
  (d)(A) After the period of suspension has ended, the qualified
business firm is eligible to resume exemption from taxation for
the period of time remaining under ORS 285C.175.
  (B) To resume exemption under subparagraph (A) of this
paragraph, the firm must satisfy the requirements of ORS
285C.200, including any reduction in employment level pursuant to
subsection (4) of this section:
  (i) On or before April 1 preceding the first tax year that
begins during the period of time remaining under ORS 285C.175; or
  (ii) On average during the assessment year in which the first
tax year remaining under ORS 285C.175 begins if the qualified
business firm received at least one year of exemption under ORS
285C.175 before the period of suspension began.
  (3)(a) The sponsor's actions under subsection (1) of this
section are not effective unless set forth in a resolution
adopted by the governing body of the sponsor no later than the
earlier of:
  (A) 60 days after the date on which the sponsor notifies the
qualified business firm that the sponsor intends to act pursuant
to subsection (1) of this section; or
  (B) August 31 of the first year of suspension.
  (b) A resolution adopted under this subsection may be revoked
or amended by the sponsor at any time during the period of
suspension.
  (4) A resolution adopted under subsection (3) of this section
may reduce the employment level required under ORS 285C.200
(1)(c) and (e) after the period of suspension.
  (5) A sponsor shall promptly provide to the county assessor:
  (a) A copy of a resolution adopted under subsection (3)(a) of
this section;
  (b) A copy of a resolution as amended under subsection (3)(b)
of this section; and
  (c) Notice that a resolution has been revoked under subsection
(3)(b) of this section. + }
  SECTION 2. ORS 285C.175 is amended to read:
  285C.175. (1) Property of an authorized business firm is exempt
from ad valorem property taxation if:
  (a) The property is qualified property under ORS 285C.180;
  (b) The firm meets the qualifications under ORS 285C.200; and
  (c) The firm has entered into a first-source hiring agreement
under ORS 285C.215.
  (2)(a)  { + Except as provided in section 2, chapter 39, Oregon
Laws 2010:
  (A) + } The exemption allowed under this section applies to the
first tax year for which, as of January 1 preceding the tax year,
the qualified property is in service. The exemption shall
continue for the next two succeeding tax years if the property
continues to be owned or leased by the business firm and located
in the enterprise zone.
    { - (b) - }   { + (B) + } The property   { - may be - }
 { + is + } exempt from property taxation under this section for
up to two additional tax years consecutively following the tax
years described in   { - paragraph (a) of this subsection - }
 { +  subparagraph (A) of this paragraph + }, if authorized by
the written agreement entered into by the firm and the sponsor
under ORS 285C.160.
    { - (c) - }   { + (b) + } If qualified property of a
qualified business firm is sold or leased to an eligible business
firm in the enterprise zone during the period the property is
exempt under this section, the purchasing or leasing firm is
eligible to continue the exemption of the selling or leasing firm
for the balance of the exemption period, but only if any effects
on employment within the zone that result from the sale or lease
do not constitute substantial curtailment under ORS 285C.210.
  (3)(a) The exemption allowed under this section shall be 100
percent of the assessed value of the qualified property in each
of the tax years for which the exemption is available.
  (b) Notwithstanding paragraph (a) of this subsection:
  (A) If the qualified property is an addition to or modification
of an existing building or structure, the exemption shall be
measured by the increase in value, if any, attributable to the
addition or modification.
  (B) If the qualified property is an item of reconditioned,
refurbished, retrofitted or upgraded real property machinery or
equipment, the exemption shall be measured by the increase in the
value of the item that is attributable to the reconditioning,
refurbishment, retrofitting or upgrade.
  (4)(a) An exemption may not be granted under this section for
qualified property assessed for property tax purposes in the
county in which the property is located on or before the
effective date of the:
  (A) Designation of the zone; or
  (B) Approval of a boundary change for the zone if the property
is located in an area added to the zone.
  (b) An exemption may not be granted for qualified property
constructed, added, modified or installed in the zone or in the
process of construction, addition, modification or installation
in the zone on or before the effective date of the:
  (A) Designation of the zone; or
  (B) Approval of a boundary change for the zone if the property
is located in an area added to the zone.
  (c) An exemption may not be granted for any qualified property
that was in service within the zone for more than 12 months by
January 1 of the first assessment year for which an exemption
claim is made.
  (d) An exemption may not be granted for any qualified property
unless the property is  { + actually + } in use or occupancy
before July 1 of the   { - year immediately following the year
during which the completion of the construction, addition,
modification or installation occurred - }  { +  first assessment
year for which an exemption claim is made + }.
  (e) Except as provided in ORS 285C.245, an exemption may not be
granted for qualified property constructed, added, modified or
installed after termination of an enterprise zone.
  (5) Property is not required to have been exempt under ORS
285C.170 in order to be exempt under this section.
  (6) The county assessor shall notify the business firm in
writing whenever property is denied an exemption under this
section { +  or under section 2, chapter 39, Oregon Laws
2010 + }. The denial of exemption  { + under this section + } may
be appealed to the Oregon Tax Court under ORS 305.404 to 305.560.
  (7) For each tax year that the property is exempt from
taxation, the assessor shall:
  (a) Enter on the assessment roll, as a notation, the assessed
value of the property as if it were not exempt under this
section.
  (b) Enter on the assessment roll, as a notation, the amount of
additional taxes that would be due if the property were not
exempt.
  (c) Indicate on the assessment roll that the property is exempt
and is subject to potential additional taxes as provided in ORS
285C.240, by adding the notation 'enterprise zone exemption
(potential additional tax). '
  SECTION 3. ORS 285C.200, as amended by section 3, chapter 39,
Oregon Laws 2010, is amended to read:
  285C.200. (1) The qualified property of an authorized business
firm may be exempt from property taxation under ORS 285C.175 only
if the firm meets the following qualifications:
  (a) The firm is an eligible business firm engaged in eligible
business operations under ORS 285C.135 that are located inside
the enterprise zone;
  (b) The firm owns or leases qualified property that is located
inside the enterprise zone;
  (c)  { + Except as provided in section 2, chapter 39, Oregon
Laws 2010, + } the employment of the firm, no later than the date
the exemption is claimed under ORS 285C.220 or April 1 following
the year in which the investment in qualified property is made,
whichever is earlier, is not less than the greater of:
  (A) 110 percent of the annual average employment of the firm;
or
  (B) The annual average employment of the firm plus one
employee;
  (d) The firm does not diminish employment outside the
enterprise zone as described in subsections   { - (5) and (6) - }
 { + (4) and (5) + } of this section;
  (e) The firm does not substantially curtail operations within
the enterprise zone as described in ORS 285C.210; and
  (f) The firm complies in all material respects with local,
Oregon and federal laws applicable to the firm's operations
inside the enterprise zone since the application for
authorization and throughout the period of exemption, as
prescribed by rule.
  (2) Notwithstanding subsection (1)(c) or (e) of this section,
an eligible business firm may meet the qualifications of this
section if the firm has satisfied the following requirements:
  (a) The firm is authorized subject to ORS 285C.155 and the firm
satisfies those requirements; and
  (b)(A) The firm completes an investment of $25 million or more
in qualified property; or
  (B) The firm fulfills the requirements of ORS 285C.205 and the
employment of the firm does not decrease below the annual average
employment of the firm.
    { - (3) Notwithstanding subsection (1)(c) or (e) or (2) of
this section, an eligible business firm is a qualified business
firm under this section if: - }
    { - (a) The firm is authorized under ORS 285C.140; - }
    { - (b) The zone sponsor has taken the actions and the firm
has satisfied the requirements specified in section 2, chapter
39, Oregon Laws 2010; and - }
    { - (c) The firm completes an investment of $4 million or
more in qualified property if it is in a rural enterprise zone or
$8 million or more in qualified property if it is in an urban
enterprise zone. - }
    { - (4) - }   { + (3) + } An authorized business firm that
engages in both eligible and ineligible operations in an
enterprise zone and is an eligible business firm because of ORS
285C.135 (3) meets the qualifications of this section if:
  (a) The eligible operations of the firm under ORS 285C.135 meet
the qualifications of this section; and
  (b) The employees of the firm work a majority of their time in
eligible operations within the enterprise zone.
    { - (5) - }   { + (4) + } A business firm does not meet the
qualifications of this section 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 authorization
and on or before December 31 of the first tax year for which any
qualified property of the firm in that zone would otherwise be
exempt under ORS 285C.175.
    { - (6) - }   { + (5) + } An authorized 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
authorization may meet the qualifications under this section 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 preceding the first tax year for which
qualified property of the firm is exempt under ORS 285C.175, to
not less than 110 percent of the annual average 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 authorization.
    { - (7) - }   { + (6) + } For purposes of subsection (1)(f)
of this section, the Oregon Business Development Department shall
adopt rules that 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 the
noncompliance in terms of 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.
    { - (8) - }   { + (7) + } As used in this section:
  (a) 'Annual average employment of the firm' means the average
employment of the firm, calculated over the 12 months preceding
the date of application for authorization.
  (b) Except as provided in subsection   { - (6) - }
 { + (5) + } of this section, 'employment of the firm' means:
  (A) The number of employees working for the firm a majority of
their time in eligible operations at locations within the
enterprise zone; or
  (B) In the case of a firm described in ORS 285C.135 (5)(b), the
number of employees working a majority of their time at the
facility in the enterprise zone for which authorization was
obtained.
  SECTION 4. ORS 285C.210, as amended by section 5, chapter 39,
Oregon Laws 2010, is amended to read:
  285C.210. (1)  { + Except as provided in subsection (3) of this
section, + } for purposes of ORS 285C.175, 285C.200 and 285C.240,
operations of a business firm are substantially curtailed when:
  (a) The number of employees of the firm within the enterprise
zone is reduced by more than 85 percent from the highest number
of employees of the firm within the enterprise zone;
  (b) The number of employees of a firm within the enterprise
zone has been reduced by more than 50 percent from the highest
number of employees of the firm within the enterprise zone for a
period of time that is equal to or more than nine months; or
  (c) The annual average number of employees within the
enterprise zone during the first assessment year for which the
exemption under ORS 285C.175 is granted, or any subsequent year
in which an exemption is claimed, is reduced below the greater
of:
  (A) The annual average number of employees of the business firm
within the enterprise zone, averaged over the 12 months preceding
the date of the application for authorization, plus one employee;
or
  (B) 110 percent of the annual average number of employees of
the firm within the enterprise zone, averaged over the 12 months
preceding the date of the application for authorization.
  (2) For the purposes of this section:
  (a) The number of employees of a firm within the enterprise
zone is the employment of the firm, as defined in ORS 285C.200,
on the earlier of the date a claim for exemption is filed under
ORS 285C.220 or April 1, of each assessment year for which an
exemption under ORS 285C.175 is claimed, and for the year
immediately following the last assessment year for which an
exemption is claimed.
  (b) Except as specified in subsection (1)(c) of this section,
the annual average number of employees of the firm is the number
of firm employees within the enterprise zone averaged over each
assessment year in which an exemption under ORS 285C.175 is
allowed, using employment figures for no fewer than four
equivalent periods during the year.
  (c) For the first assessment year for which an authorized
business firm that qualifies under ORS 285C.200   { - (6) - }
 { + (5) + } claims an exemption under ORS 285C.175, substantial
curtailment under subsection (1)(a) or (c) of this section shall
be determined by:
  (A) Combining the number of employees of the firm within the
enterprise zone and the number of employees at all other sites of
the firm within the area described in ORS 285C.200   { - (6) - }
 { +  (5) + }; and
  (B) Combining the annual average number of employees of the
firm within the enterprise zone with the annual average number of
employees at any other site of the firm from which employees were
transferred into the enterprise zone.
  (3)   { - Notwithstanding subsections (1) and (2) of this
section, it is not a substantial curtailment of - }  Operations
of a business firm   { - for purposes of ORS 285C.175, 285C.200
and 285C.240 if the sponsor of an enterprise zone has taken the
actions and the firm has satisfied the requirements specified
in - }   { + are not substantially curtailed under this section
during a period of suspension pursuant to + } section 2, chapter
39, Oregon Laws 2010.
  SECTION 5. ORS 285C.105, as amended by section 4, chapter 39,
Oregon Laws 2010, is amended to read:
  285C.105. (1) The sponsor of an enterprise zone shall:
  (a) Appoint a local zone manager. Upon appointment of the local
zone manager, the sponsor shall provide written notice thereof to
the Oregon Business Development Department, the county assessor
and the Department of Revenue.
  (b) Provide enhanced local public services, local incentives
and local regulatory flexibility included in the application for
designation of the enterprise zone or in the resolution under ORS
285C.115 (7) to authorized or qualified business firms and assist
authorized or qualified business firms in using enhanced local
public services, local incentives and local regulatory
flexibility.
  (c) Review and approve or deny applications for authorization
under ORS 285C.140.
  (d) Assist the county assessor in administering the property
tax exemption and in performing other duties assigned to the
assessor under ORS 285C.050 to 285C.250.
  (e) Maintain, implement and periodically update a plan for
marketing the enterprise zone including strategies for retention,
expansion, start-up and recruitment of eligible business firms.
  (f) Manage the enterprise zone in accordance with ORS 285C.050
to 285C.250.
  (g) Identify property available for sale or lease to eligible
business firms under ORS 285C.110.
  (h) Prepare indices of street addresses, tax lot numbers or
other information to facilitate the identification of land inside
of an urban enterprise zone.
  (i) Provide written notice to the county assessor, the
Department of Revenue, the Oregon Business Development Department
and any relevant publicly funded job training provider of the
conditions and policies adopted or normally sought by the sponsor
under ORS 285C.150, 285C.155 or 285C.160   { - or section 2,
chapter 39, Oregon Laws 2010, - }  and take the actions necessary
to implement and enforce the conditions and policies and any
other reasonable requirements imposed pursuant to ORS 285C.155 or
285C.160   { - or section 2, chapter 39, Oregon Laws 2010 - } .
  (j) Conduct, or assist in conducting, annual reporting of
enterprise zone activity or effort, if requested by the county
assessor or the Oregon Business Development Department.
  (2) If more than one city, county or port sponsors an
enterprise zone, the jurisdictions shall act jointly in
performing the duties imposed on a sponsor under ORS 285C.050 to
285C.250.
  SECTION 6.  { + Nothing in this 2011 Act may be construed to
disqualify from exemption property of a business firm that
complies with resolutions adopted before August 31, 2010,
pursuant to chapter 39, Oregon Laws 2010. + }
  SECTION 7.  { + The amendments to ORS 285C.105, 285C.175,
285C.200 and 285C.210 and section 2, chapter 39, Oregon Laws
2010, by sections 1 to 5 of this 2011 Act apply to property tax
years beginning on or after July 1, 2009. + }
  SECTION 8. ORS 285C.140 is amended to read:
  285C.140. (1)(a) Any eligible business firm seeking to have
property exempt from property taxation under ORS 285C.175 shall,
before the commencement of direct site preparation activities or
the construction, addition, modification or installation of
qualified property in an enterprise zone, and before the hiring
of eligible employees, apply for authorization under this
section.
  (b) The application shall be made on a form prescribed by the
Department of Revenue and the Oregon Business Development
Department.
  (c) The application shall be filed with the sponsor of the
zone. A sponsor may require that the application filed with the
sponsor be accompanied by a filing fee. If required, the filing
fee may not exceed the greater of $200 or one-tenth of one
percent of the value of the investment in qualified property that
is proposed in the application for authorization. The filing fee
may be required for the filing of applications only after the
sponsor adopts a policy, consistent with Oregon Business
Development Department rules, authorizing the imposition of the
filing fee.
  (2) The application shall contain the following information:
  (a) A description of the nature of the firm's current and
proposed business operations inside the boundary of the
enterprise zone;
  (b) A description and estimated value of the qualified property
to be constructed, added, modified or installed inside the
boundary of the enterprise zone;
  (c) The number of employees of the firm that are employed
within the enterprise zone, averaged over the previous 12 months,
and an estimate of the number of employees that will be hired by
the firm;
  (d) A commitment to meet all requirements of ORS 285C.200 and
285C.215, and to verify compliance with these requirements;
  (e) A commitment to satisfy all additional conditions for
authorization that are imposed by the enterprise zone sponsor
under ORS 285C.150, 285C.155 or 285C.205 or pursuant to an
agreement entered into under ORS 285C.160, and to verify
compliance with these additional conditions;
  (f) A commitment to renew the application, consistent with ORS
285C.165, every two years while the zone exists if the firm has
not filed a claim under ORS 285C.220 that is based on the
application; and
  (g) Any other information considered necessary by the
Department of Revenue and the Oregon Business Development
Department.
  (3) After an application is submitted to a sponsor, the
business firm may revise or amend the application. An amendment
or revision may not be made on or after January 1 of the first
assessment year for which the qualified property associated with
the application is exempt under ORS 285C.175.
  (4) If an application for authorization appears to be complete
and the proposed investment appears to be eligible for
authorization, the sponsor and the business firm shall conduct a
preauthorization   { - consultation - }  { +  conference + }. The
 { - county - }  assessor  { +  of the county in which the
property will be located + } shall be timely notified and have
the option to participate in the
  { - consultation - }  { +  conference + }. The
 { - consultation - }   { + conference + } shall:
  (a) Identify issues with the potential to affect compliance
with relevant exemption requirements, including but not limited
to enterprise zone boundary amendments;
  (b) Arrange for methods and procedures to establish and verify
compliance with applicable requirements; and
  (c)   { - Identify - }   { + Assign + } the person   { - who
is - }  obligated to notify the county assessor if requirements
are not being satisfied.

  (5) Upon completion of the   { - consultation - }  { +
preauthorization conference required under subsection (4) of this
section + }, the sponsor shall prepare a written summary of the
 { - consultation made under subsection (4) of this section - }
 { +  conference + }, attach the summary to the application and
forward the application to the county assessor   { - of each
county in which the zone is located - }  for review   { - by the
assessor - } .
  (6) Following the preauthorization conference under subsection
(4) of this section, the sponsor and the county assessor shall
authorize the business firm by approving the application, if the
sponsor and county assessor determine that:
  (a) The current or proposed operations of the business firm in
the enterprise zone result in the firm being eligible under ORS
285C.135; and
  (b) The firm has made the commitments and provided the other
information required under subsection (2) of this section.
  (7) If the business firm seeking authorization is an eligible
business firm described in ORS 285C.135 (5)(b), the sponsor must,
as a condition to approving the application, make a formal
finding that the business firm is an eligible business firm under
ORS 285C.135 and that the size of the proposed investment, the
employment at the facility of the firm or the nature of the
activities undertaken by the firm within the enterprise zone will
significantly enhance the local economy, promote the purposes for
which the zone was created and increase employment within the
zone.
  (8) The approval of both the sponsor and the county assessor
under this section shall be prima facie evidence that the
qualified property of the business firm will receive the property
tax exemption under ORS 285C.175. In approving the application,
the sponsor and county assessor shall provide proof of approval
as directed by the Oregon Business Development Department.
  (9) If the sponsor or county assessor fails or refuses to
authorize 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, county
assessor, the Department of Revenue and the Oregon Business
Development Department.
  (10) Authorization under this section does not ensure that
property constructed, added, modified or installed by the
authorized business firm will receive property tax exemption
under ORS 285C.175. The sponsor and the county assessor are not
liable in any way if the Department of Revenue or the county
assessor later determines that an authorized business firm does
not satisfy the requirements for an exemption on qualified
property.
  (11) Notwithstanding subsection (1) of this section, if an
eligible business firm has begun or completed the construction,
addition, modification or installation of property that meets the
qualifications of ORS 285C.180, and the property has not yet been
subject to property tax, then, for purposes of ORS 285C.050 to
285C.250, the firm shall be authorized under this section if the
firm files an application that is allowed under subsection (12)
of this section and is otherwise authorized under this section.
  (12) Late submission of an application under this section is
allowed if:
  (a) A rule permits late submissions of applications under this
section; or
  (b) The Department of Revenue waives filing deadline
requirements under this section. The department shall issue a
letter to the eligible business firm and zone sponsor setting
forth the waiver under this paragraph.
  SECTION 9.  { + ORS 285C.066 and 285C.067 are added to and made
a part of ORS 285C.050 to 285C.250. + }
  SECTION 10.  { + ORS 285C.195 is repealed. + }
  SECTION 11.  { + This 2011 Act takes effect on the 91st day
after the date on which the 2011 session of the Seventy-sixth
Legislative Assembly adjourns sine die. + }
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