ORS 657A.706¹
Program implementation
  • community agency applications
  • tax credit certificates
  • rules

(1) For the purpose of implementing the program established under ORS 657A.703 (Program established), the Child Care Division of the Employment Department, in collaboration with an advisory committee established by the Child Care Division, shall:

(a) Adopt rules.

(b) Select a tax credit marketer who agrees to market tax credits to taxpayers.

(c) Identify child care goals that are consistent with the purposes provided in ORS 657A.703 (Program established) (2). The goals identified under this paragraph shall take into account state resources and needs.

(d) Develop by rule the application process an entity must complete to be designated as a community agency under ORS 657A.700 (Definitions for ORS 657A.700 to 657A.718) to 657A.718 (Child care provider requirements), and any process for the renewal of that designation.

(e) Select one or more community agencies.

(f) Enter into an agreement with each selected community agency to perform the functions specified in ORS 657A.715 (Community agency duties).

(g) Determine the total value of moneys to be available to each selected community agency to distribute to providers based on goals identified under paragraph (c) of this subsection, and distribute those moneys in the manner provided in ORS 657A.712 (Revenue distribution to community agencies) to the selected community agencies. The total value of moneys available to all selected community agencies in this state may not exceed the amount of contributions received from taxpayers during the tax year minus any reasonable administrative costs incurred by the Child Care Division and the selected community agencies.

(2) The Child Care Division may adopt rules that establish a fixed percentage that is less than 100 percent by which the amount contributed by a taxpayer will be certified for a tax credit by the division. The purpose of the grant of rulemaking authority under this subsection is to permit the division to calibrate the amount of the tax credit to interpretations of the deductibility of qualified contributions under section 170 of the Internal Revenue Code for federal tax purposes.

(3)(a) The Child Care Division shall issue tax credit certificates in the chronological order in which the contributions are received by the division. The division shall issue tax credit certificates to contributors until the total value of all certificates issued by the division for the calendar year equals $500,000. Each issued certificate shall state the value of the contribution being certified as eligible for the tax credit allowed under ORS 315.213 (Child Care Division contributions). Except as provided in rules adopted under subsection (2) of this section, the certified value shall equal the amount of the contribution.

(b) The Child Care Division may not issue a tax credit certificate to a taxpayer to the extent the credit value to be certified, when added to the total credit value previously certified by the Child Care Division under paragraph (a) of this subsection for the calendar year exceeds $500,000.

(c) The Child Care Division shall send a copy of all tax credit certificates issued under this section to the Department of Revenue.

(d) Qualified contributions shall be deposited in the Child Care Fund.

(4) A taxpayer that receives a notice of denial of a tax credit certificate or that receives a tax credit certificate issued for an amount that is less than the amount contributed may request a refund for the amount contributed within 90 days of the Child Care Division’s denial or issuance of the certificate. The Child Care Division must send notice of a denial or changed amount and refund the amount for which a tax credit will not be granted within 30 days after receiving the request. The refund shall be made from the Child Care Fund.

(5) The Child Care Division may establish by rule any other provisions required to implement the program established under ORS 657A.700 (Definitions for ORS 657A.700 to 657A.718) to 657A.718 (Child care provider requirements). [2001 c.674 §5; 2003 c.473 §3]

Note: See note under 657A.700 (Definitions for ORS 657A.700 to 657A.718).

1 Legislative Counsel Committee, CHAPTER 657A—Child Care, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors657A.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
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. Currency Information