2017 ORS 311.636¹
Filing of electronic notice of warrant for delinquent business personal property taxes with Secretary of State
  • electronic notice of release or cancellation
  • fees

(1) As used in ORS 311.636 (Filing of electronic notice of warrant for delinquent business personal property taxes with Secretary of State) to 311.642 (Compromise property tax payment from purchaser of business personal property):

(a) “Business personal property” means tangible personal property, and machinery and equipment that a tax collector treats as personal property pursuant to ORS 311.549 (Delinquent taxes on machinery and equipment collectible as taxes on real or personal property).

(b) “Business personal property” does not include manufactured structures and floating homes.

(2)(a) The tax collector of a county may transmit an electronic notice of a warrant issued for delinquent property taxes on business personal property to the Secretary of State for filing as provided in this section.

(b) Certification by the tax collector of warrants for delinquent property taxes on business personal property entitles the warrants to be filed and no other certification or acknowledgment is necessary.

(3) If an electronic notice of a warrant is transmitted to the Secretary of State for filing under subsection (2) of this section, the Secretary of State shall cause the warrant to be marked, held and indexed in accordance with the provisions of ORS 79.0519 (UCC 9-519. Numbering, maintaining and indexing records) in the same manner as a financing statement under ORS chapter 79.

(4) A county tax collector who transmits an electronic notice of a warrant under this section shall transmit an electronic notice of a release or cancellation of the warrant to the Secretary of State for filing as soon as practicable after the amount due on the warrant is paid in full or canceled.

(5) If an electronic notice of release or cancellation of a warrant is transmitted to the Secretary of State for filing under subsection (4) of this section, the Secretary of State shall, as applicable:

(a) Cause a certificate of release to be marked, held and indexed in the same manner as a termination statement under ORS 79.0512 (UCC 9-512. Amendment of financing statement); or

(b) Cause a certificate of cancellation to be held, marked and indexed in the same manner as a release of collateral under ORS 79.0512 (UCC 9-512. Amendment of financing statement).

(6) The Secretary of State shall specify the format, required information and manner of transmission for an electronic notice transmitted under this section. The Secretary of State shall file an electronic notice only if the tax collector has complied with the Secretary of State’s specifications.

(7) The Secretary of State may:

(a) Establish a fee for accepting an electronic notice transmitted by a tax collector to the Secretary of State for filing under this section.

(b) Adopt rules to implement the provisions of this section and ORS 311.637 (Expiration and extension of electronic notice of warrant) and 311.638 (Public access to electronic notices).

(8) The tax collector may add to the amount due on a warrant any fee charged by the Secretary of State for filing an electronic notice of the warrant or the release or cancellation of the warrant pursuant to this section.

(9) Transmitting an electronic notice of a warrant to the Secretary of State for filing under this section does not affect the tax collector’s obligation to have the warrant recorded pursuant to ORS 311.625 (Recordation of warrant in lien record). [2015 c.444 §2]

Chapter 311

Law Review Cita­tions

5 EL 516 (1975)

1 Legislative Counsel Committee, CHAPTER 311—Collection of Property Taxes, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors311.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 311, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano311.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.