Bill Text: OR SJR16 | 2013 | Regular Session | Introduced

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Bill Title: Proposing amendment to Oregon Constitution to establish a land-value lease fee.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SJR16 Detail]

Download: Oregon-2013-SJR16-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

 LC 933

                   Senate Joint Resolution 16

Sponsored by Senator SHIELDS (at the request of Jeff Strang)
  (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Proposes amendment to Oregon Constitution to establish
land-value lease fee imposed on real market value of land with
proceeds distributed pro rata to residents of state. Establishes
Resident's Dividend Agency to administer collection of fee and
distribution of dividend. Applies to assessment years beginning
on or after January 1, 2016.
  Refers proposed amendment to people for their approval or
rejection at next regular general election.

                        JOINT RESOLUTION
Be It Resolved by the Legislative Assembly of the State of
  Oregon:
  PARAGRAPH 1. The Constitution of the State of Oregon is amended
by creating new sections 16 and 16a to be added to and made a
part of Article XI, such sections to read:
   { +  SECTION 16. + }  { + (1) The Legislative Assembly by law
shall establish a resident's dividend, payable as provided in
subsection (2) of this section from the Resident's Dividend
Account established pursuant to subsection (3) of this section to
each individual:
  (a) Who is:
  (A) A citizen of the United States;
  (B) An individual lawfully admitted for permanent residence in
the United States;
  (C) An individual with refugee status under federal law; or
  (D) An individual granted asylum under federal law; and
  (b) Who provides proof to the Resident's Dividend Agency
established pursuant to subsection (5) of this section that the
individual's primary residence was in Oregon for the 12 months
immediately preceding January 1 of the assessment year.
  (2)(a) The resident's dividend payable to each individual
described in subsection (1) of this section shall equal the
amount of moneys in the Resident's Dividend Account established
pursuant to subsection (3) of this section as of January 1 of
each year, minus the administrative costs retained by the
Resident's Dividend Agency pursuant to subsection (5) of this
section, divided by the total number of individuals described in
subsection (1) of this section as of December 31 of the
immediately preceding year.

  (b) Notwithstanding paragraph (a) of this subsection, 50
percent of the resident's dividend payable to an individual who
is under the age of 18 shall be deposited in the individual's
name in a college savings network account established pursuant to
the laws of this state.
  (3)(a) The Legislative Assembly by law shall establish a
Resident's Dividend Account in the State Treasury, separate and
distinct from the General Fund.
  (b) All moneys in the account shall be continuously
appropriated by law to the Resident's Dividend Agency and used
only for the operating expenses of the agency and to pay the
resident's dividend established pursuant to subsection (1) of
this section.
  (c) All moneys collected by the Resident's Dividend Agency
pursuant to this section must be deposited in the Resident's
Dividend Account.
  (4)(a) A land-value lease fee is imposed on all land in this
state in an amount equal to four percent of the real market value
of the land as of January 1 of each year as determined by the
county assessor of the county in which the land is located.
  (b) Notwithstanding paragraph (a) of this subsection, a
land-value lease fee is imposed on land in this state in an
amount equal to one percent of the real market value of the land
as of January 1 of each year as determined by the county assessor
of the county in which the land is located if the land is owned
by:
  (A) A nonprofit corporation organized and existing under ORS
chapter 65; or
  (B) An organization described in section 501(c)(3) of the
Internal Revenue Code that is exempt from income tax under
section 501(a) of the Internal Revenue Code.
  (c) Notwithstanding paragraph (a) of this subsection, land in
this state is exempt from the land-value lease fee if the land is
owned by:
  (A) The United States;
  (B) The State of Oregon or a political subdivision of the State
of Oregon;
  (C) A city, county or local service district or a political
subdivision of a city, county or local service district; or
  (D) A federally recognized Indian tribe.
  (5) The Legislative Assembly shall establish a Resident's
Dividend Agency that shall:
  (a) Administer the land-value lease fee imposed under
subsection (4) of this section;
  (b) Verify the eligibility of individuals to be paid a
resident's dividend under this section;
  (c) Deposit all moneys collected from land-value lease fees
into, and pay resident's dividends out of, the Resident's
Dividend Account established pursuant to subsection (3) of this
section; and
  (d) Take other actions as required by the Legislative Assembly
or pursuant to rules adopted by the agency for the implementation
of this section.
  (6) The Legislative Assembly may provide for a phase-in period
of up to eight years for the land-value lease fee imposed under
subsection (4) of this section.
  (7) The limitations of sections 11 and 11b of this Article do
not apply to the land-value lease fee imposed under subsection
(4) of this section. + }
   { +  SECTION 16a. + }  { + (1) The land-value lease fee
imposed under section 16, Article XI, applies to assessment years
beginning on or after January 1, 2016.
  (2)(a) Section 16, Article XI, becomes operative on January 1,
2016.
  (b) The Resident's Dividend Agency may take any action before
the operative date specified in paragraph (a) of this subsection
that is necessary to enable the agency to exercise, on and after
the operative date specified in paragraph (a) of this subsection,
all the duties, functions and powers conferred on the agency
pursuant to section 16, Article XI.
  (3) This section is repealed on January 2, 2019. + }

  PARAGRAPH 2.  { + The amendment proposed by this resolution
shall be submitted to the people for their approval or rejection
at the next regular general election held throughout this
state. + }
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