Bill Text: OR SB261 | 2013 | Regular Session | Enrolled

---

Bill Title: Relating to the taxation of federal utility property subject to a financing arrangement; and prescribing an effective date.

Spectrum: Committee Bill

Status: (Passed) 2013-06-13 - Effective date, October 7, 2013. [SB261 Detail]

Download: Oregon-2013-SB261-Enrolled.html

---

     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

                            Enrolled

                         Senate Bill 261

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Business, Transportation and Economic Development)

                     CHAPTER ................

                             AN ACT

Relating to the taxation of federal utility property subject to a
  financing arrangement; creating new provisions; amending ORS
  307.040; and prescribing an effective date.

Be It Enacted by the People of the State of Oregon:

  SECTION 1. ORS 307.040 is amended to read:
  307.040.  { + (1) As used in this section, 'United States'
means the federal government or an agency or instrumentality of
the federal government.
  (2) + } Except as provided in ORS 307.050, 307.060, 307.070 and
307.080, all property of the United States, its agencies or
instrumentalities, is exempt from taxation to the extent that
taxation   { - thereof - }   { + of the property + } is forbidden
by law.
   { +  (3) Notwithstanding ORS 308.505 to 308.665, for purposes
of this section, property the title to which is held by a person
other than the United States and that is leased to the United
States under a lease or lease-purchase agreement is property of
the United States if:
  (a) The property is operated or used in furtherance of a
statutory responsibility of the United States with respect to a
high-voltage electricity transmission system that the United
States owns and operates within the Pacific Northwest;
  (b) The property is constructed on or affixed to real property
interests of the United States; and
  (c) Upon expiration of the lease or lease-purchase agreement,
the United States has an option to purchase the property for a
nominal price, if the debt incurred by the person to acquire the
property has been paid. + }
  SECTION 2.  { + The amendments to ORS 307.040 by section 1 of
this 2013 Act apply to tax years beginning on or after July 1,
2008. + }
  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.

Enrolled Senate Bill 261 (SB 261-INTRO)                    Page 1

  (B) Be accompanied by a filing fee of $200 for each property
tax year for which a refund is claimed.
  (2) For property tax years beginning on or after July 1, 2008,
and before July 1, 2013:
  (a) If property taxes on property described in ORS 307.040 (3)
have not been paid, the taxes and any interest on the taxes are
abated.
  (b) If property taxes on property described in ORS 307.040 (3)
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 ORS 307.040.
  (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 property taxes and interest on the
property taxes that has 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 Department of Revenue, 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. + }
                         ----------

Passed by Senate March 26, 2013

    .............................................................
                               Robert Taylor, Secretary of Senate

    .............................................................
                              Peter Courtney, President of Senate

Passed by House May 29, 2013

    .............................................................
                                     Tina Kotek, Speaker of House

Enrolled Senate Bill 261 (SB 261-INTRO)                    Page 2

Received by Governor:

......M.,............., 2013

Approved:

......M.,............., 2013

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2013

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled Senate Bill 261 (SB 261-INTRO)                    Page 3