(1) As used in this section and ORS 307.464:
(a) “Assessor” means the county assessor, or the Department of Revenue if under ORS 306.126 the department is responsible for appraisal of the facility at which the qualified machinery and equipment is located.
(b) “Egg processor” means a person engaged in the business of freezing, canning, dehydrating, concentrating, preserving, processing or repacking eggs for human consumption in any procedure that occurs prior to the point of first sale by the processor.
(c) “Integrated processing line” does not include forklifts, trucks or other rolling stock used to transport material to or from a point of manufacture or assembly.
(d) “Qualified machinery and equipment” means property, whether new or used, that is newly acquired by an egg processor and placed into service prior to January 1 preceding the first tax year for which an exemption under this section is sought, and that consists of:
(A) Real property machinery and equipment that is used by an egg processor in the primary processing of eggs; or
(B) Personal property machinery and equipment that is used in an integrated processing line for the primary processing of eggs.
(2)(a) On or before March 1 preceding the first tax year for which property is to be exempt from taxation under this section, an egg processor seeking an exemption under this section shall apply to the assessor for exemption. The application shall be on a form prescribed by the Department of Revenue and shall include any information required by the department, including a schedule of the qualified machinery and equipment for which certification is sought.
(b) Notwithstanding paragraph (a) of this subsection, the assessor may approve an application that is filed after March 1, and on or before December 31 of the assessment year, if the statement is accompanied by a late filing fee of the greater of $200 or one-tenth of one percent of the real market value of the property that is the subject of the application.
(c) The assessor shall review the application and, if the machinery and equipment that is the subject of the application constitutes qualified machinery and equipment certified by the State Department of Agriculture under ORS 307.464, shall approve the application and exempt the qualified machinery and equipment.
(d) If any of the machinery and equipment that is the subject of the application does not constitute qualified machinery and equipment certified by the State Department of Agriculture under ORS 307.464, the assessor shall exclude the nonqualified machinery and equipment from the application.
(3) Qualified machinery and equipment for which an application has been approved under subsection (2) of this section shall be exempt for the tax year for which the application was approved and for the next four succeeding tax years, if as of the assessment date for each year the property constitutes qualified machinery and equipment.
(4) The duration of the exemption under subsection (3) of this section may not be extended as the result of the value of changes to qualified machinery and equipment that are attributable to rehabilitation, reconditioning or ongoing maintenance or repair. [2007 c.843 §70]
Note: Section 75, chapter 843, Oregon Laws 2007, provides:
Sec. 75. Section 70 of this 2007 Act [307.462] applies to tax years beginning on or after July 1, 2007, and before July 1, 2012. [2007 c.843 §75]
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