ORS § 307.458 — Local option to reduce exemption; delayed operative date of reduction; grandfathering; reversal; notice; minimum term

# (1)

(a) Notwithstanding ORS 307.455, the governing body of a city or county may adopt an ordinance or resolution that:

(A) Changes, but not above 100 percent, the percentage of exemption granted under ORS 307.455 or changes, but not above five years, the number of property tax years for which the exemption may be granted; or

(B) Renders the exemption granted under ORS 307.455 inoperative.

(b) An ordinance or resolution adopted pursuant to this subsection by the governing body of a city shall apply:

(A) Only within the corporate boundaries of the city;

(B) To all qualified machinery and equipment taxable within the corporate boundaries; and

(C) To the tax levies of the city and all other taxing districts having jurisdiction within the corporate boundaries.

(c) An ordinance or resolution adopted pursuant to this subsection by the governing body of a county shall apply:

(A) Only within the unincorporated territory of the county;

(B) To all qualified machinery and equipment taxable within the unincorporated territory; and

(C) To the tax levies of the county and all other taxing districts having jurisdiction within the unincorporated territory.

# (2)

(a) An ordinance or resolution adopted pursuant to subsection (1) of this section shall not become operative before the beginning of the second property tax year that begins on or after the date on which the ordinance or resolution is adopted.

(b) For property tax years beginning on or after the operative date specified in paragraph (a) of this subsection, qualified machinery and equipment that is subject to an ordinance or resolution described in subsection (1)(a)(B) of this section shall be assessed and taxed as other similar property is assessed and taxed.

# (3)

Notwithstanding subsection (1) of this section, qualified machinery and equipment that is exempt under ORS 307.455 on the operative date specified in subsection (2)(a) of this section that would otherwise be subject to an ordinance or resolution adopted pursuant to subsection (1) of this section shall continue to be exempt for the number of property tax years for which the qualified machinery and equipment is eligible under ORS 307.455 (3).

# (4)

(a) The governing body of a city or county that adopts an ordinance or resolution pursuant to subsection (1)(a)(B) of this section may subsequently adopt an ordinance or resolution rendering the exemption granted under ORS 307.455 operative again for the city or county, respectively, and all other affected taxing districts.

(b) The exemption shall become operative for the first property tax year that begins on or after the date on which the ordinance or resolution adopted under this subsection becomes effective.

# (5)

As soon as practicable after the adoption of an ordinance or resolution under:

(a) Subsection (1) of this section, the governing body of the city or county shall provide notice of the adoption or changes to:

(A) The county assessor;

(B) The Department of Revenue;

(C) The State Department of Agriculture; and

(D) Taxpayers whose qualified machinery and equipment is exempt under ORS 307.455 for the current property tax year on the effective date of the ordinance or resolution.

(b) Subsection (4) of this section, the governing body of the city or county shall provide notice of the adoption to:

(A) The county assessor;

(B) The Department of Revenue; and

(C) The State Department of Agriculture.

# (6)

An ordinance or resolution adopted under subsection (1) or (4) of this section must remain in effect for at least three consecutive property tax years.