2007 ORS 321.754¹
Eastern Oregon Timber Severance Tax Fund
  • revenue distribution

(1) The Eastern Oregon Timber Severance Tax Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Eastern Oregon Timber Severance Tax Fund shall be retained by the Eastern Oregon Timber Severance Tax Fund.

(2) Moneys are continuously appropriated from the Eastern Oregon Timber Severance Tax Fund for use in reimbursing the General Fund for expenses incurred in the collection of taxes imposed under ORS 321.700 (Definitions for ORS 321.700 to 321.754) to 321.754 (Eastern Oregon Timber Severance Tax Fund).

(3) A working balance may be retained in the Eastern Oregon Timber Severance Tax Fund for the payment of expenses described in subsection (2) of this section. The balance of the Eastern Oregon Timber Severance Tax Fund, as of May 1 of each calendar year, shall be distributed as follows:

(a) 60.5 percent to the State School Fund established under ORS 327.008 (State School Fund). A distribution made under this paragraph shall be made on or before May 15 of the year.

(b) 4.5 percent to the Community College Support Fund established under ORS 341.620 (Community College Support Fund). A distribution made under this paragraph shall be made on or before May 15 of the year.

(c) 35 percent to the Department of Revenue for further distribution to the counties of this state that are located in eastern Oregon. Moneys distributed to the department under this paragraph are continuously appropriated to the department for the purpose of making the payments to counties described in this paragraph. A distribution to the department made under this paragraph shall be made on or before August 15 of the year. Each county’s share of the distribution made under this paragraph shall equal the proportion of the assessed value of all small tract forestland in eastern Oregon that is located in that county. A distribution made by the department to a county under this paragraph shall be deposited in the county general fund. [2003 c.454 §14]

Note: Sections 17 and 18, chapter 454, Oregon Laws 2003, provide:

Sec. 17. (1) The Department of Revenue shall study the taxation of timber harvested from small tract forestland for the period January 1, 2004, through December 31, 2008, and the indexing of severance tax rates during that period to ensure that the indexed severance tax rates accurately reflect the proportion of each forestland land class that is qualified as small tract forestland.

(2) The department shall report the results of its study to those committees of the Seventy-fifth Legislative Assembly having jurisdiction over revenue and tax matters. The report must be made on or before February 1, 2009. [2003 c.454 §17]

Sec. 18. (1) The Department of Revenue shall take appropriate action to inform owners of Oregon forestland of 5,000 acres or less of the availability and effects of qualification in the small tract forestland tax option program established under sections 1 to 14 of this 2003 Act [321.700 (Definitions for ORS 321.700 to 321.754) to 321.754 (Eastern Oregon Timber Severance Tax Fund)].

(2) This section is repealed June 30, 2008. [2003 c.454 §18]

Note

Subject sec­tions all sub­se­quently repealed

Atty. Gen. Opinions

Effect of acquisi­tion or transfer of land upon classifica­tion, (1975) Vol 37, p 510; effect of reclassifica­tion of forest land, (1975) Vol 37, p 532; effect of 1 1/2 percent prop­erty tax limita­tion, (1984) Vol 44, p 85

Law Review Cita­tions

16 WLR 403 (1979)

Chapter 321

Notes of Decisions

Programs administered by Depart­ment of Revenue that allow preferential assess­ment for farm and forestland are not "programs affecting land use" and are not subject to require­ment of statewide goal and local comprehensive plan compliance under ORS 197.180 (State agency planning responsibilities). Springer v. LCDC, 111 Or App 262, 826 P2d 54 (1992), Sup Ct review denied

Atty. Gen. Opinions

Validity of ad valorem and severance taxa­tion of logs destined for export, (1975) Vol 37, p 427

Law Review Cita­tions

16 WLR 397 (1979)

1 Legislative Counsel Committee, CHAPTER 321—Timber and Forestland Taxation, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­321.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 321, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­321ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.