Bill Text: OR HB4093 | 2012 | Regular Session | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Slight Partisan Bill (Democrat 8-5)

Status: (Passed) 2012-03-27 - Chapter 71, (2012 Laws): Effective date June 4, 2012. [HB4093 Detail]

Download: Oregon-2012-HB4093-Engrossed.html

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     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 34

                           A-Engrossed

                         House Bill 4093
                Ordered by the House February 24
          Including House Amendments dated February 24

Sponsored by Representative HANNA; Representatives HUFFMAN, WAND,
  WHISNANT, Senator ATKINSON (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.

  Increases number of enterprise zones that may be designated and
maximum area of  { + rural + } enterprise zone. { +  Requires
enterprise zones designated or expanded because of such increases
to submit report to interim committee of Legislative Assembly
related to revenue. + }
    { - Increases number of enterprise zones that may be
designated for electronic commerce. - }
    { - Increases additional tax years during which qualified
property in enterprise zone may be exempt from taxation. - }
   { +  Specifies that prohibition against sponsor of terminated
enterprise zone applying for new enterprise zone is for period
not to exceed 10 years after zone is terminated. + }
  Takes effect on 91st day following adjournment sine die.

                        A BILL FOR AN ACT
Relating to extension of enterprise zones; creating new
  provisions; amending ORS 285C.080, 285C.090 and 285C.250; and
  prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 285C.080 is amended to read:
  285C.080. (1) As provided in ORS 285C.065 and 285C.075, the
Director of the Oregon Business Development Department may
approve the designation of:
  (a) Up to   { - 17 - }   { + 20 + } areas as rural enterprise
zones; and
  (b) Up to   { - 10 - }   { + 15 + } areas as urban or rural
enterprise zones.
  (2) Areas designated as enterprise zones under this section
  { - shall be - }   { + are + } in addition to the 30 areas
designated or redesignated as enterprise zones by order of the
Governor under ORS 284.160 (1987 Replacement Part) before October
3, 1989, areas redesignated under ORS 285C.250, areas designated
under ORS 285C.085 and areas designated under ORS 285C.306.
  SECTION 2. ORS 285C.090 is amended to read:
  285C.090. (1) A proposed enterprise zone must be located in a
local area in which:

  (a) Fifty percent or more of the households have incomes below
80 percent of the median income of this state, as defined by the
most recent federal decennial census;
  (b) The unemployment rate is at least 2.0 percentage points
greater than the comparable unemployment rate for this entire
state, as defined by the most recently available data published
or officially provided and verified by the United States
Government, the Employment Department   { - of this state - } ,
the Portland State University Population Research Center or
special studies conducted under a contract with a regional
academic institution; or
  (c) The Oregon Business Development Department determines on a
case-by-case basis using evidence provided by the cities,
counties or ports applying for designation of the proposed
enterprise zone that there exists a level of economic hardship at
least as severe as that described in paragraph (a) or (b) of this
subsection. The evidence   { - shall - }   { + must + } be based
on the most recently available data from official sources and may
include  { - , but is not limited to, - }  a contemporary decline
of the population in the proposed enterprise zone, the percentage
of persons in the proposed enterprise zone below the poverty
level relative to the percentage of the entire population of this
state below the poverty level or the unemployment rate for the
county or counties in which the proposed enterprise zone is
located.
  (2) { + (a) + } An  { + urban + } enterprise zone
 { - must - }   { + may + } consist of a total area of not more
than 12 square miles in size.
   { +  (b) A rural enterprise zone may consist of a total area
of not more than 15 square miles in size.
  (c) For purposes of this subsection, + } the area of the zone
  { - shall - }   { + must + } be calculated by excluding that
portion of the zone that lies below the ordinary high water mark
of a navigable body of water.
  (3) Except as provided in subsection (4) of this section:
  (a) An  { + urban + } enterprise zone must have 12 miles or
less { + , and a rural enterprise zone must have 15 miles or
less, + } as the greatest distance between any two points within
the zone; and
  (b) Unconnected areas of an enterprise zone may not be more
than five miles apart.
  (4) Unconnected areas of a rural enterprise zone may not be
more than 15 miles apart when an unconnected area is entirely
within a sparsely populated county, and the zone:
  (a) Must have 20 miles or less as the greatest distance between
any two points within the zone, if only a portion of the zone is
contained within a sparsely populated county; or
  (b) Must have 25 miles or less as the greatest distance between
any two points within the zone, if the zone is entirely contained
within a sparsely populated county.
  (5) This section does not apply to the designation or
redesignation of a reservation enterprise zone or a reservation
partnership zone.
  SECTION 3. ORS 285C.250 is amended to read:
  285C.250. (1) Within a reasonable period of time prior to the
termination of enterprise zones under ORS 285C.245 (2), the
Director of the Oregon Business Development Department shall
competitively designate the same number of enterprise zones
effective immediately after termination of the previous
enterprise zones. The determination by the director as to the
areas designated as enterprise zones shall be final.
  (2) { + (a) + } When an enterprise zone is terminated under ORS
285C.245 (4) to (6), the director may competitively designate a
new enterprise zone.
   { +  (b) + } The sponsor of   { - the - }   { + an + }
enterprise zone terminated under ORS 285C.245 (4) or (5) is not
eligible to apply for a new enterprise zone  { - , except - }
for  { + a period not to exceed 10 years after the zone is
terminated.
  (c) Paragraph (b) of this subsection does not apply to + } a
county government when the terminated zone was also jointly
sponsored by one or more cities or ports.
  (3) Sponsors of existing enterprise zones that are due to
terminate may reapply for designation under subsection (1) of
this section.
  (4) Any city, county or port may apply to the director for
designation of an enterprise zone in accordance with the criteria
set forth in ORS 285C.065 and 285C.090. In addition, the Oregon
Business Development Department by rule shall determine the
minimum level of economic hardship in any area to be included
within an enterprise zone, any other criteria necessary to
evaluate the need for the enterprise zone and the potential for
accomplishing the purposes of ORS 285C.050 to 285C.250.
  (5) All enterprise zones designated under this section shall
terminate in accordance with ORS 285C.245 (2).
  (6) When the director designates enterprise zones under this
section, there is no limit on the relative number of urban or
rural enterprise zones designated.
  (7) The director may determine when to accept applications for
any enterprise zone that terminates under subsection (2) of this
section or is not designated under subsection (1) of this section
for lack of qualified applicants.
  SECTION 4.  { + (1) A report must be filed in the manner
prescribed under subsection (2) of this section by each sponsor,
as defined in ORS 285C.050, with respect to each:
  (a) New enterprise zone designated pursuant to the amendments
to ORS 285C.080 by section 1 of this 2012 Act; and
  (b) Application to expand the area of a rural enterprise zone
pursuant to the amendments to ORS 285C.090 by section 2 of this
2012 Act.
  (2) A report required under subsection (1) of this section
must:
  (a) Describe the economic benefits of the applicable amendments
to ORS 285C.080 and 285C.090 by sections 1 and 2 of this 2012
Act; and
  (b) Be submitted to the interim committees of the Legislative
Assembly related to revenue as provided in ORS 192.245 on or
before January 31, 2013.
  (3) The Oregon Business Development Department and the
Department of Revenue may assist sponsors in preparing the
reports. + }
  SECTION 5. { +  The amendments to ORS 285C.090 by section 2 of
this 2012 Act apply to enterprise zones designated before, on or
after the effective date of this 2012 Act. + }
  SECTION 6. { +  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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