2015 ORS 477.760¹
Reserve base of fund fixed
  • annual determination of excess over base
  • tax levies and assessments to maintain base

(1) The reserve base of the Oregon Forest Land Protection Fund is $22.5 million. On or about the last day of February of each year the Emergency Fire Cost Committee shall meet and determine the unencumbered balance of the fund as of the preceding February 16.

(2) In order to maintain the reserve base of the fund at $22.5 million, the Emergency Fire Cost Committee may request and the State Treasurer may approve transfers to the fund in accordance with ORS 293.205 (Definitions for ORS 293.205 to 293.225) to 293.225 (Construction of ORS 293.205 to 293.220), if the moneys in this fund fall below the reserve base, whether or not there are sufficient moneys in the fund to pay the obligations of the fund. Repayment of any such transfers shall be made from moneys paid into the fund pursuant to ORS 321.015 (Levy of privilege taxes upon harvest of timber for certain purposes) (2), 477.277 (Additional assessment to maintain unencumbered balance of Oregon Forest Land Protection Fund) and 477.880 (Acreage assessment) and from such other moneys as may be credited to the fund therefor.

(3) If the committee determines that the moneys in the fund exceed:

(a) The reserve base, and that no repayment obligations are outstanding from transfers made pursuant to subsection (2) of this section, then the Department of Revenue shall reduce the taxes described in ORS 321.015 (Levy of privilege taxes upon harvest of timber for certain purposes) (2) by 50 percent for the following calendar year and the surcharge for each improved lot or parcel described in ORS 477.277 (Additional assessment to maintain unencumbered balance of Oregon Forest Land Protection Fund) and the assessments described in ORS 477.880 (Acreage assessment) shall be reduced by 50 percent for the following fiscal year.

(b) $30 million, and that no repayment obligations are outstanding from transfers made pursuant to subsection (2) of this section, then the Department of Revenue may not collect the taxes described in ORS 321.015 (Levy of privilege taxes upon harvest of timber for certain purposes) (2) for the following calendar year and the surcharge for each improved lot or parcel described in ORS 477.277 (Additional assessment to maintain unencumbered balance of Oregon Forest Land Protection Fund) and the assessments described in ORS 477.880 (Acreage assessment) may not be collected until the calendar year or fiscal year following the determination of the committee that the unencumbered balance in the fund is less than or equal to $22.5 million.

(4)(a) Notwithstanding any other provision of law, if the funds referred to in subsection (2) of this section are inadequate to cover repayment of transfers from the State Treasurer or from other sources, the State Forester shall increase the following taxes, assessments and charges in an amount adequate to ensure repayment of the transfers, and any interest accrued thereon, allowing for contingencies in valuation, assessment and collection:

(A) The harvest tax referred to in ORS 321.015 (Levy of privilege taxes upon harvest of timber for certain purposes) (2).

(B) The surcharge on developed lots referred to in ORS 477.277 (Additional assessment to maintain unencumbered balance of Oregon Forest Land Protection Fund).

(C) The minimum assessment referred to in ORS 477.295 (Minimum assessment under ORS 477.270).

(D) The acreage assessments referred to in ORS 477.880 (Acreage assessment) (2).

(b) The increases to taxes, assessments and charges shall be apportioned based upon the proportionate levels of revenues received from each source by the Oregon Forest Land Protection Fund. Any such increases shall be computed on or before January 1 of each year, and shall be based upon revenues received during the previous four quarters. Any such increases shall be made in the appropriate calendar or fiscal year following that in which the requested transfers from the State Treasurer or from other sources are made. [1969 c.524 §4; 1985 c.158 §1; 1985 c.759 §34; 1989 c.769 §4; 1991 c.639 §6; 1993 c.653 §21; 2003 c.685 §§5,10; 2005 c.802 §§13,14]


1 Legislative Counsel Committee, CHAPTER 477—Fire Protection of Forests and Vegetation, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors477.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.