(a) For the tax year beginning July 1, 1996, a taxing district imposed one or more serial or one-year levies that expired before the tax year beginning July 1, 1997;
(b) Between December 5, 1996, and July 1, 1997, voters approved one or more temporary levies to replace the levies described in paragraph (a) of this subsection and increased the amount being replaced;
(c) Each levy described in paragraph (b) of this subsection is treated as a local option tax under section 11 (7)(c), Article XI of the Oregon Constitution;
(d) The total amount of local option taxes described in paragraph (c) of this subsection that were imposed by the taxing district for the tax year beginning July 1, 1997, exceeded $1.2 million; and
(e) The total amount of replacement authority for the taxing district exceeds $900,000.
(2) For each taxing district described in subsection (1) of this section, the Department of Revenue shall recompute the amount of property taxes that would have been imposed by the taxing district for the tax year beginning July 1, 1997, making the following changes in the calculation of 1997-1998 operating taxes for all taxing districts within the county in which the taxing district is located:
(a) The total Measure 5 imposed tax estimate determined under ORS 310.210 shall consist of the total Measure 5 imposed tax estimate determined for the tax year beginning July 1, 1997, plus that portion of any local option taxes that represent replacement authority for a serial or one-year levy imposed for the tax year beginning July 1, 1996, and described in subsection (1)(a) of this section;
(b) A taxing district’s Measure 5 imposed tax estimate shall take the replacement authority into account only if that taxing district imposed the serial or one-year levy for the tax year beginning July 1, 1996; and
(c) Measure 47 comparison taxes shall be allocated to taxing districts in the county based on the ratio described in ORS 310.212 (8), substituting the Measure 5 imposed tax estimate determined under paragraphs (a) and (b) of this subsection.
(3) The rate of tax that would have been achieved for the tax year beginning July 1, 1997, had the operating taxes of the taxing district been calculated as provided for in this section, shall serve as the taxing district’s statutory rate limit on operating taxes, to the extent the rate limit is less than or equal to the lesser of the district’s permanent rate limit on operating taxes or statutory rate limit on operating taxes as determined under ORS 310.200 to 310.242 (1997 Edition).
(4) The department shall recalculate taxes for each taxing district under this section separately.
(5) As used in this section, "replacement authority" means that portion of the levy described in subsection (1)(c) of this section that would have been incorporated into the permanent rate limit of the taxing district if the levy described in subsection (1)(c) of this section were treated as a levy described in section 11 (7)(b), Article XI of the Oregon Constitution. [1999 c.186 §1]
Note: 310.237 was added to and made a part of 310.200 to 310.242 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
Structure 2021 Oregon Revised Statutes
Volume : 08 - Revenue and Taxation
Chapter 310 - Property Tax Rates and Amounts; Tax Limitations; Tax Reduction Programs
Section 310.055 - Operating taxes.
Section 310.070 - Procedure when taxes exceed limitations or are incorrectly categorized.
Section 310.090 - Computation of rate for each item of tax; category rates; total rates.
Section 310.140 - Legislative findings; definitions.
Section 310.155 - Public school system limit; definitions.
Section 310.156 - Certain community college library limits.
Section 310.190 - Effect of election challenge on tax; resolution of challenge.
Section 310.202 - Definitions for ORS 310.200 to 310.242.
Section 310.204 - "Hospital facility" defined.
Section 310.206 - tax certification notice.
Section 310.208 - urban renewal certification.
Section 310.210 - Measure 5 imposed tax estimate.
Section 310.212 - Measure 47 comparison taxes.
Section 310.214 - Measure 47 comparison tax adjustments for certain nonschool taxing districts.
Section 310.216 - Pre-reduction Measure 50 taxes.
Section 310.218 - Preliminary reduction percentages.
Section 310.220 - Assessor certification to Department of Revenue; contents.
Section 310.228 - Determination of state replacement obligation.
Section 310.234 - Nonschool taxing district 1997-1998 operating tax adjustment for timber offsets.
Section 310.238 - Rate conversion; Measure 5 assessed value rate.
Section 310.242 - compression of consolidated rates.
Section 310.244 - Adjustment of city’s post-compression tax rate under certain circumstances.
Section 310.246 - Adjustment of permanent rate limit to correct mistakes by June 30, 1998.
Section 310.622 - Manufactured structures eligible as homesteads under tax laws of state.