Section 285C.162 - School support fee in lieu of property taxes; collection; delinquency; appeals(1) As used in this section, "affected school district" means a school district as defined in ORS 332.002 (2) in which the qualified property of a business firm granted exemption under ORS 285C. 175 is located.(2)(a) An agreement entered into under ORS 285C. 160 by the governing body of a zone sponsor and a business firm shall provide for a school support fee to be paid in lieu of the property taxes that would otherwise be imposed on the business firm's qualified property.(b) The amount of the school support fee of each affected school district shall equal the respective rate set under ORS 285C. 067 (1)(b) multiplied by the property taxes that would, but for the exemption, be due on the qualified property for each property tax year to which the agreement relates.(c) The agreement may also include: (A) A rate of interest and a penalty to be imposed on delinquent fee payments;(B) A means and schedule for curing a delinquent fee payment; and(C) Any other provisions the zone sponsor and business firm agree upon that do not conflict with this section.(3)(a) On or before November 1 following the beginning of each of the two additional tax years agreed upon under ORS 285C. 160, the governing body of the zone sponsor shall provide to the governing body of each affected school district all information necessary for the affected school district to collect the fee directly from the business firm.(b) On or before each following December 1, the governing body of each affected school district shall send to the business firm a notice of the required fee payment. The fee shall be due not later than December 31 of the same year.(4) Each affected school district shall be responsible for making refunds to business firms of overpayments of the district's school support fee and any interest or penalty imposed on the fee.(5)(a) If a fee payment is delinquent for more than 60 days following the date of delinquency or any later date allowed for curing the delinquency, the governing body of each affected school district shall give written notice of the delinquency to the business firm and the assessor of the county in which the affected school district is situated.(b) Upon receipt of the written notice under paragraph (a) of this subsection, the assessor shall: (A) Disqualify the property for the property tax years, if any, for which exemption under ORS 285C. 175 would otherwise be allowable following the disqualifying event; and(B) Impose the amount of the outstanding fee along with any amounts of interest or penalty imposed on the fee.(6) The amount determined to be due under subsection (5) of this section: (a) May be paid to the tax collector before completion of the next general property tax roll pursuant to ORS 311.370; and(b) Shall be added to the tax extended against the property on the next general property tax roll.(7) Amounts collected under this section shall be deemed to have been imposed for the property tax year to which the fee payment relates.(8) The fee shall be considered moneys received in lieu of property taxes for purposes of ORS 327.011 (1)(f).(9) The amount of a fee and any interest or penalty imposed on the fee, and the disqualification of qualified property under this section, may be appealed to the Oregon Tax Court under ORS 305.404 to 305.560.Added by 2023 Ch. 298, § 48 Sections 52 to 54, chapter 298, Oregon Laws 2023, provide:
Sec. 52. Section 53 of this 2023 Act is added to and made a part of ORS 285C. 050 to 285C. 250. [2023 c. 298, § 52]
Sec. 53. For enterprise zones designated before the effective date of this 2023 Act [September 24, 2023], notwithstanding the deadline provided in ORS 285C. 067 (1), the governing bodies of the zone sponsor and each school district as defined in ORS 332.002 (2) with territory in the enterprise zone may, at any time following the effective date of this 2023 Act, and otherwise in accordance with ORS 285C. 067, set a rate for the school support fee imposed pursuant to sections 48 (2) [285C. 162 (2)] and 51 (2) [285C. 405 (2)] of this 2023 Act. [2023 c. 298, § 53]
Sec. 54. Section 53 of this 2023 Act is repealed on January 2, 2028. [2023 c. 298, § 54]