(2) A unit of local government that imposed a local transient lodging tax on July 1, 2003, may not increase the rate of the local transient lodging tax on or after July 2, 2003, to a rate that is greater than the rate in effect on July 1, 2003, unless the increase was approved on or before July 1, 2003.
(3) A unit of local government that imposed a local transient lodging tax on July 1, 2003, may not decrease the percentage of total local transient lodging tax revenues that are actually expended to fund tourism promotion or tourism-related facilities on or after July 2, 2003. A unit of local government that agreed, on or before July 1, 2003, to increase the percentage of total local transient lodging tax revenues that are to be expended to fund tourism promotion or tourism-related facilities, must increase the percentage as agreed.
(4) Notwithstanding subsections (1) and (2) of this section, a unit of local government that is financing debt with local transient lodging tax revenues on November 26, 2003, must continue to finance the debt until the retirement of the debt, including any refinancing of that debt. If the tax is not otherwise permitted under subsection (1) or (2) of this section, at the time of the debt retirement:
(a) The local transient lodging tax revenue that financed the debt shall be used as provided in subsection (5) of this section; or
(b) The unit of local government shall thereafter eliminate the new tax or increase in tax otherwise described in subsection (1) or (2) of this section.
(5) Subsections (1) and (2) of this section do not apply to a new or increased local transient lodging tax if all of the net revenue from the new or increased tax, following reductions attributed to collection reimbursement charges, is used consistently with subsection (6) of this section to:
(a) Fund tourism promotion or tourism-related facilities;
(b) Fund city or county services; or
(c) Finance or refinance the debt of tourism-related facilities and pay reasonable administrative costs incurred in financing or refinancing that debt, provided that:
(A) The net revenue may be used for administrative costs only if the unit of local government provides a collection reimbursement charge; and
(B) Upon retirement of the debt, the unit of local government reduces the tax by the amount by which the tax was increased to finance or refinance the debt.
(6) At least 70 percent of net revenue from a new or increased local transient lodging tax shall be used for the purposes described in subsection (5)(a) or (c) of this section. No more than 30 percent of net revenue from a new or increased local transient lodging tax may be used for the purpose described in subsection (5)(b) of this section. [2003 c.818 §11; 2013 c.610 §10; 2018 c.34 §3]
Structure 2021 Oregon Revised Statutes
Volume : 08 - Revenue and Taxation
Chapter 320 - Miscellaneous Taxes
Section 320.005 - Definitions for ORS 320.005 to 320.150.
Section 320.011 - Amusement device excise tax; amount.
Section 320.012 - Increase in tax when net receipts exceed specified amounts; rules.
Section 320.013 - Additional tax for Oregon Youth Corps.
Section 320.016 - When tax is due; replacing amusement devices.
Section 320.075 - Joint and several liability for tax; late payment penalty.
Section 320.080 - Procedure on failure to pay tax or penalty.
Section 320.100 - Distribution of tax receipts.
Section 320.120 - Employment of agents.
Section 320.170 - Restriction on construction tax imposed by school district.
Section 320.176 - Limitations; rates; adjustment by Department of Revenue.
Section 320.179 - School district resolutions; collections; requirements.
Section 320.183 - Long-term facilities plan for capital improvements.
Section 320.195 - Deposit of revenues; required uses.
Section 320.300 - Definitions for ORS 320.300 to 320.365.
Section 320.303 - Invoice to be provided upon payment of tax.
Section 320.308 - Exemptions; exception.
Section 320.315 - Due date and form of returns; payment of tax.
Section 320.325 - Amounts held in trust; enforcement; joint and several liability.
Section 320.330 - Applicability of other provisions of tax law.
Section 320.335 - Distribution of moneys received.
Section 320.340 - Exemption from public records law.
Section 320.345 - Collector reimbursement charges.
Section 320.350 - Tax moratorium; exceptions; uses of revenues.
Section 320.355 - Computation of tax; total retail price; when tax due.
Section 320.357 - Exemption of military facilities used for temporary occupancy.
Section 320.360 - Due date of returns; payment of tax; preemption.
Section 320.400 - Definitions for ORS 320.400 to 320.490 and 803.203.
Section 320.401 - Transportation project tax expenditures in continuous effect.
Section 320.420 - Collection of use tax; time of collection; presumptions of use in this state.
Section 320.425 - Exempt sales; nonresident purchasers; certain auction sales; resale certificates.
Section 320.435 - Deposit of revenue from motor vehicle privilege and use taxes.
Section 320.440 - Deposit of revenue from excise tax on bicycles.
Section 320.460 - Sellers required to keep records; examination of records by Department of Revenue.
Section 320.465 - Subpoena authority of Department of Revenue; enforcement; contempt of court.
Section 320.470 - Disclosure of information; appeal.
Section 320.485 - Agreement with Department of Transportation for collection of use tax.
Section 320.490 - Local government motor vehicle tax moratorium.