Bill Text: OR SB245 | 2013 | Regular Session | Amended

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

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

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB245 Detail]

Download: Oregon-2013-SB245-Amended.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

SA to SB 245

LC 1303/SB 245-1

                      SENATE AMENDMENTS TO
                         SENATE BILL 245

   By COMMITTEE ON RURAL COMMUNITIES AND ECONOMIC DEVELOPMENT

                            April 17

  On page 6 of the printed bill, delete lines 36 through 45.
  On page 7, delete lines 1 through 13 and insert:
  '  { +  SECTION 10. + }  { + (1) No sooner than the 61st day
following compliance with section 29 (1) of this 2013 Act, a zone
sponsor shall submit to the Oregon Business Development
Department notice of the sponsor's designation of an enterprise
zone under ORS 285C.065 or 285C.250 and sufficient information
for the department to make a determination under this section.
  ' (2)(a) As soon as practicable after receipt of the notice
required under subsection (1) of this section, the department
shall notify the zone sponsor of the department's determination
made in accordance with the following:
  ' (A) A zone designation shall be final if the hardship and
area requirements of ORS 285C.090 are met and designation does
not cause the total number of zones designated to exceed the
limits of ORS 285C.080.
  ' (B) A zone may not be designated if the requirements of ORS
285C.090 are not met or designation would cause the total number
of zones designated to exceed the limits of ORS 285C.080.
  ' (b) If the department's determination is negative, the notice
required must state the reasons for the negative determination.
  ' (c) A zone sponsor that receives a negative determination
under this subsection may resubmit the enterprise zone for a
determination under this section.
  ' (3)(a) For purposes of complying with the numeric limits of
ORS 285C.080, the department shall make determinations under this
section in the order in which notices submitted under subsection
(1) of this section are received.
  ' (b) For purposes of this subsection, a notice that is
resubmitted after a negative determination shall be considered
received on the date of the resubmission.
  ' (c) The department shall adopt rules necessary to administer
this subsection. + } ' .
  On page 8, delete lines 24 through 45.
  On page 9, delete lines 1 through 8 and insert:
  '  { +  SECTION 14. + }  { + (1) No sooner than the 61st day
following compliance with section 29 (1) of this 2013 Act, a zone
sponsor of the governing body of a city shall submit to the
Oregon Business Development Department notice of the sponsor's or
city's designation of a zone or a city for electronic commerce
under ORS 285C.095 or 285C.100, respectively, and sufficient
information for the department to make a determination under this
section.
  ' (2)(a) As soon as practicable after receipt of the notice
required under subsection (1) of this section, the department
shall notify the zone sponsor or governing body of the city of
the department's determination made in accordance with the
following:
  ' (A) A zone or city designation shall be final if the
requirements of ORS 285C.100, if applicable, are met and
designation would not cause the numeric limits of ORS 285C.095 or
285C.100 to be exceeded.
  ' (B) A zone or city may not be designated if the requirements
of ORS 285C.100, if applicable, are not met or designation would
cause the numeric limits of ORS 285C.095 or 285C.100 to be
exceeded.
  ' (b) If the department's determination is negative, the notice
required must state the reasons for the negative determination.
  ' (c) A zone sponsor or governing body of a city that receives
a negative determination under this subsection may resubmit the
zone or city for electronic commerce for a determination under
this section.
  ' (3)(a) For purposes of complying with the numeric limits of
ORS 285C.095 or 285C.100, the department shall make
determinations under this section in the order in which notices
submitted under subsection (1) of this section are received.
  ' (b) For purposes of this subsection, a notice that is
resubmitted after a negative determination shall be considered
received on the date of the resubmission.
  ' (c) The department shall adopt rules necessary to administer
this subsection. + } ' .
  On page 11, delete lines 8 through 19 and insert:
  '  { +  SECTION 18. + }  { + (1)(a) No sooner than the 61st day
following compliance with section 29 (1) of this 2013 Act, a zone
sponsor shall submit to the Oregon Business Development
Department notice of a boundary change under ORS 285C.115 and
sufficient information for the department to make a determination
under this section.
  ' (b) For purposes of this subsection, the information
submitted to the department must include:
  ' (A) A map clearly indicating the existing boundary and the
proposed changes;
  ' (B) A legal description of each area to be withdrawn from or
added to the existing enterprise zone; and
  ' (C) Any further information required by the department for
the purposes of making a determination under this section.
  ' (2)(a) As soon as practicable after receipt of the notice
required under subsection (1) of this section, the department
shall notify the zone sponsor of the department's determination
made in accordance with the following:
  ' (A) A boundary change shall be final if the requirements of
ORS 285C.115 are met.
  ' (B) A boundary change is not effective if the requirements of
ORS 285C.115 are not met.
  ' (b) If the department's determination is negative, the notice
required must state the reasons for the negative determination.
  ' (c) A zone sponsor that receives a negative determination
under this subsection may resubmit the boundary change for a
determination under this section. + } ' .
  On page 16, delete lines 24 through 45.
  On page 17, delete lines 1 through 9 and insert:
  '  { +  SECTION 24. + } ORS 285C.250, as amended by section 3,
chapter 71, Oregon Laws 2012, 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 - }  { +  notify all eligible zone sponsors that, + }
effective immediately after termination of the previous
enterprise zones { + , the same number of enterprise zones are
available for designation + }. 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 - }  { +  shall notify all eligible zone sponsors

that + } a new enterprise zone  { +  is available for
designation + }.
  ' (b) The sponsor of an enterprise zone terminated under ORS
285C.245 (4) or (5) is not eligible to   { - apply for - }
 { + designate + } a new enterprise zone 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 - }   { + designate
the enterprise zones + } under subsection (1) of this section.
  ' (4) Any city, county or port may   { - apply to the director
for designation of - }   { + designate + } an enterprise zone in
accordance with  { +  ORS 285C.065 and 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 - }   { + makes a
determination with respect to + } enterprise zones
 { + designated + } 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 - }   { + designations of an + }
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.'.
  On page 19, delete lines 11 through 19 and insert:
  '  { +  SECTION 28. + }  { + Section 29 of this 2013 Act is
added to and made a part of ORS 285C.050 to 285C.250. + }
  '  { +  SECTION 29. + }  { + (1) Before submitting notice, as
required under section 10, 14 or 18 of this 2013 Act, as
applicable, of the designation of an enterprise zone under ORS
285C.065 or 285C.250 or a zone or city for electronic commerce
under ORS 285C.095 or 285C.100, respectively, or a change of the
boundary of an enterprise zone under ORS 285C.115, the zone
sponsor or governing body of the city shall notify the Oregon
Business Development Department of the zone sponsor's or the
city's intent to make the designation or boundary change.
  ' (2)(a) As soon as practicable after receipt of a notice sent
pursuant to subsection (1) of this section, the department shall
contact the zone sponsor or the governing body of the city to
arrange a consultation about the designation or boundary change.
  ' (b) After the consultation required under this subsection,
the zone sponsor or city may submit to the department notice of
the designation or boundary change, at the time and in the manner
required under section 10, 14 or 18 of this 2013 Act, as
applicable.
  ' (3) A notice sent pursuant to subsection (1) of this section
does not bind the zone sponsor or the city to the action that is
the subject of the notice. + }
  '  { +  SECTION 30. + }  { + Sections 10, 14, 18 and  + }  { +
29 of this 2013 Act, the amendments to ORS 285C.050, 285C.060,
285C.065, 285C.067, 285C.068, 285C.070, 285C.080, 285C.090,
285C.095, 285C.100, 285C.105, 285C.115, 285C.120, 285C.135,
285C.175, 285C.180, 285C.185, 285C.245, 285C.250 and 315.507 by
sections 1 to 8, 11, 12, 15, 16, 19 to 24, 26 and 27 of this 2013
Act and the repeal of ORS 285C.066 and 285C.075 by section 25 of
this 2013 Act apply to enterprise zones and zones and cities for
electronic commerce designated, zone cosponsors added and

enterprise zone boundaries changed, on and after the effective
date of this 2013 Act. + }
  '  { +  SECTION 31. + }  { + 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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