(2) Upon request pursuant to subsection (1) of this section, the Governor shall consult with the Director of the Department of Revenue to determine whether to declare a property tax assessment services emergency, a property tax collection services emergency or both.
(3) Within 14 days after consultation with the director pursuant to subsection (2) of this section, the Governor shall:
(a) Declare the existence of a property tax assessment services emergency, a property tax collection services emergency or both in the county; or
(b) Issue a determination that the county’s fiscal situation does not cause the county to provide a less than minimally adequate level of property tax assessment services or property tax collection services, as applicable.
(4) As soon as practicable after declaration of an emergency under subsection (3)(a) of this section and after consultation with the tax assessor and tax collector of the county, the Department of Revenue shall provide services in the county to the extent necessary to ensure a minimally adequate level of property tax assessment services, property tax collection services or both to all municipal corporations in the county.
(5)(a) When an emergency is declared in a county pursuant to subsection (3)(a) of this section, the department shall immediately:
(A) Discontinue grants to the county from the County Assessment Function Funding Assistance Account created under ORS 294.184; and
(B) Notify the State Treasurer to discontinue all distributions to the county of state-shared funds that are not otherwise dedicated by law.
(b) Within 30 days following the close of each fiscal quarter, the department shall submit to the governing body of the county and the Secretary of State an itemized statement of the department’s actual costs incurred in providing services in the county and the amount of the grants that the county would have received, but for this subsection, from the County Assessment Function Funding Assistance Account for the period covered by the statement.
(c) The department shall be reimbursed for the costs in the statement submitted under paragraph (b) of this subsection as follows:
(A) The department shall transfer to the Assessment and Taxation County Account described in ORS 306.125 the amount of grant funds that would have been distributed to the county from the County Assessment Function Funding Assistance Account for the period covered by the statement; and
(B) If the amount transferred under subparagraph (A) of this paragraph is less than the department’s stated costs, the State Treasurer, upon the order of the Secretary of State, shall transfer to the Assessment and Taxation County Account all state-shared funds not otherwise dedicated by law that, but for this subsection, would have been distributed to the county for the period covered by the statement.
(d) If the amounts received by the department under paragraph (c) of this subsection are less than the department’s stated costs for the period covered by the statement submitted under paragraph (b) of this subsection, the department shall seek reimbursement of the remaining costs, and such additional spending authority as the department considers necessary to carry out its duties under this section, from the Emergency Board.
(6) At any time after declaration of an emergency pursuant to subsection (3)(a) of this section, the governing body of the county or the director may request that the Governor, after consultation with the director, issue a determination pursuant to subsection (3)(b) of this section.
(7) The county shall resume providing property tax assessment services and property tax collection services, as applicable, to all municipal corporations in the county on the earlier of:
(a) The date on which a determination is issued pursuant to subsection (6) of this section; or
(b) Two years after the date on which an emergency is declared in the county pursuant to subsection (3)(a) of this section. [2013 c.730 §4]
Note: 306.117 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 306 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Structure 2021 Oregon Revised Statutes
Volume : 08 - Revenue and Taxation
Chapter 306 - Property Taxation Generally
Section 306.005 - Definitions applicable to property tax laws.
Section 306.113 - Legislative findings.
Section 306.117 - Property tax services emergencies.
Section 306.120 - Uniform methods of assessment; continuing study of equalization.
Section 306.132 - Oregon Land Information System Fund.
Section 306.135 - Base map system; Oregon Land Information System Advisory Committee.
Section 306.150 - Inservice training for assessors and tax collectors.
Section 306.220 - Compliance of public officers with laws and orders affecting property taxes.
Section 306.245 - Standard forms for tax statement and personal property tax return.
Section 306.255 - Information for taxpayers concerning property taxes, appraisals and appeals.
Section 306.265 - Electronic filing of exemption and special assessment applications; rules.
Section 306.350 - Legislative findings and declarations.
Section 306.353 - Property tax expenditures to be funded.
Section 306.356 - Property Tax Expenditure Funding Account.
Section 306.359 - Procedures for determining property tax expenditure funding payments.
Section 306.805 - Service of orders of department.
Section 306.815 - Tax on transfer of real property prohibited; exceptions.