Bill Text: OR HB4066 | 2012 | Regular Session | Introduced
Bill Title: Relating to taxation of centrally assessed property; prescribing an effective date.
Sponsorship: Slight Partisan Bill (Republican 6-3)
Status: (Failed) 2012-03-05 - In committee upon adjournment. [HB4066 Detail]
Download: Oregon-2012-HB4066-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2012 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 121
House Bill 4066
Sponsored by Representative GILLIAM; Representatives BENTZ,
BREWER, HARKER, LINDSAY, READ, Senators HASS, MORSE, STARR
(Presession filed.)
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.
For purposes of central assessment, excludes from definition of
'communication' data transmission services provided through
contractual arrangement with person that transmits data through
tangible property owned or controlled by that person.
Takes effect on 91st day following adjournment sine die.
A BILL FOR AN ACT
Relating to taxation of centrally assessed property; creating new
provisions; amending ORS 308.505; and prescribing an effective
date.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 308.505 is amended to read:
308.505. As used in ORS 308.505 to 308.665:
(1) 'Car' or 'railcar' means a vehicle adapted to the rails of
a railroad.
(2) 'Centrally assessed' means the assessment of property by
the Department of Revenue under ORS 308.505 to 308.665.
(3) { + (a) + } 'Communication' includes telephone
communication and data transmission services by whatever means
provided.
{ + (b) Notwithstanding paragraph (a) of this subsection, '
communication' does not include data transmission services
provided through a contractual arrangement with a person that
transmits the data through tangible property that the person owns
or controls.
(c) The exclusion under paragraph (b) of this subsection does
not apply to the transmission of data by a person through
tangible property that the person owns or controls. + }
(4) 'Inland water' means all water or waters within the State
of Oregon, all interstate rivers touching Oregon and all
tidewaters extending to the ocean bars.
(5) 'Interstate' means transit between the State of Oregon and:
(a) Another state;
(b) A district, territory or possession of the United States;
or
(c) A foreign country.
(6) 'Large private railcar company' means a private railcar
company with personal property with a real market value for the
tax year that exceeds $1 million.
(7) 'Locally assessed' means the assessment of property for
property tax purposes by the county assessor that is not
conducted under ORS 308.505 to 308.665.
(8) 'Person,' 'company,' 'corporation' or ' association' means
any person, group of persons, whether organized or unorganized,
firm, joint stock company, association, cooperative or mutual
organization, people's utility district, joint operating agency
as defined in ORS 262.005, syndicate, entity formed to partner or
combine public and private interests, partnership or corporation
engaged in performing or maintaining any business or service or
in selling any commodity as set forth in ORS 308.515, whether or
not the activity is pursuant to any franchise and whether or not
the person or other entity or combination of entities possesses
characteristics of limited or unlimited liability.
(9) 'Property':
(a) Means all property of any kind, whether real, personal,
tangible or intangible, that is used or held by a company as
owner, occupant, lessee or otherwise, for the performance or
maintenance of a business or service or for the sale of a
commodity, as described in ORS 308.515;
(b) Includes, but is not limited to, the lands and buildings,
rights of way, roadbed, water powers, vehicles, cars, rolling
stock, tracks, office furniture, telephone and transmission
lines, poles, wires, conduits, switchboards, machinery,
appliances, appurtenances, docks, watercraft irrespective of the
place of registry or enrollment, merchandise, inventories, tools,
equipment, machinery, franchises and special franchises, work in
progress and all other goods or chattels; and
(c) Does not include items of intangible property that
represent:
(A) Claims on other property, including money at interest,
bonds, notes, claims, demands or any other evidence of
indebtedness, secured or unsecured; or
(B) Any shares of stock in corporations, joint stock companies
or associations.
(10) 'Property having situs in this state' means all property,
real and personal, of a company, owned, leased, used, operated or
occupied by it and situated wholly within this state, and, as
determined under ORS 308.550 and 308.640, the proportion of the
movable, transitory or migratory personal property owned, leased,
used, operated or occupied by a company, including but not
limited to watercraft, aircraft, rolling stock, vehicles and
construction equipment, as is used partly within and partly
outside of this state.
(11) 'Small private railcar company' means a private railcar
company with personal property with a real market value for the
tax year that does not exceed $1 million.
(12) 'Transportation' means carrying, conveying or moving
passengers or property from one place to another.
(13) 'Vehicle' means any wheeled or tracked device used in
transportation under, on or in connection with the physical
surface of the earth.
SECTION 2. { + The amendments to ORS 308.505 by section 1 of
this 2012 Act apply to property tax years beginning on or after
July 1, 2009. + }
SECTION 3. { + For property tax years beginning on or after
July 1, 2009, and before July 1, 2012:
(1) If tax on any exempt value has not been paid, the tax and
any interest are abated.
(2) If tax on any exempt value has been paid, the tax collector
shall notify the governing body of the county of the refund
required under ORS 308.505 to 308.665. Upon receipt of notice
from the tax collector, the governing body shall cause a refund
of the tax and any fee and interest 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. The refund under
this subsection shall be made without interest. The county
assessor and the tax collector shall make the necessary
corrections in the records of their offices. + }
SECTION 4. { + This 2012 Act takes effect on the 91st day
after the date on which the 2012 regular session of the
Seventy-sixth Legislative Assembly adjourns sine die. + }
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