Chapter 319 Oregon Laws 2001
AN ACT
SB 305
Relating to the Department
of Consumer and Business Services; creating new provisions; and amending ORS
697.842, 705.145 and 705.165.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 705.145 is amended to read:
705.145. (1) There is created in the State Treasury a fund
to be known as the Consumer and Business Services Fund, separate from the
General Fund. All moneys collected or received by the Department of Consumer
and Business Services, except moneys collected pursuant to ORS 735.612 and
those moneys required to be paid into the Workers’ Benefit Fund, shall be paid
into the State Treasury and credited to the Consumer and Business Services
Fund. Moneys in the fund may be invested in the same manner as other state
moneys and any interest earned shall be credited to the fund.
(2) The department shall keep a record of all moneys
deposited in the Consumer and Business Services Fund which shall indicate, by
separate account, the source from which the moneys are derived, the interest
earned and the activity or program against which any withdrawal is charged.
(3) Should moneys credited to any one account be withdrawn,
transferred or otherwise used for purposes other than the program or activity for
which the account is established, interest shall accrue on the amount withdrawn
from the date of withdrawal and until such funds are restored.
(4) Moneys in the fund shall provide and are appropriated
for the administrative expenses of the department and for its expenses in
carrying out its functions and duties under any provision of law.
(5) Except as
provided in ORS 705.165, it is the intention of the Legislative Assembly
that the performance of the various duties and functions of the department in connection
with each of its programs shall be financed by the fees, assessments and
charges established and collected in connection with those programs.
(6) There is created by transfer from the Consumer and
Business Services Fund a revolving administrative account in the amount of
$100,000. The revolving account shall be disbursed by checks or orders issued
by the director or the Workers’ Compensation Board and drawn upon the State
Treasury, to carry on the duties and functions of the department and the board.
All checks or orders paid from the revolving account shall be reimbursed by a
warrant drawn in favor of the department charged against the Consumer and
Business Services Fund and recorded in the appropriate subsidiary record.
(7) For the purposes of ORS chapter 656, the revolving
account created pursuant to subsection (6) of this section may also be used to:
(a) Pay compensation benefits; and
(b) Refund to employers amounts paid to the Consumer and
Business Services Fund in excess of the amounts required by ORS chapter 656.
[(8) There is
established in the Consumer and Business Services Fund the Banking Education
Assessment Account. All moneys in the account are appropriated continuously for
use by the Conference of State Bank Supervisors Education Foundation to provide
quality training and education for state bank examiners.]
[(9)] (8) There is established in the
Consumer and Business Services Fund the Manufactured Structures and Parks
Education Account. Moneys that are specifically designated as training fees and
that are collected under ORS 446.176 and 455.220 (1) shall be deposited in the
account. All moneys in the account are appropriated continuously for use by the
Department of Consumer and Business Services to provide quality training and education
for persons employed in producing, selling, installing, delivering or
inspecting manufactured structures or buildings, or inspecting parks or camps.
Notwithstanding the applicable provisions of ORS chapter 279, the department
may, with the advice of the Manufactured Structures and Parks Advisory Board
established under ORS 446.280, contract with a public or private person to
develop or provide training and education programs.
SECTION 2.
ORS 705.165 is amended to read:
705.165. (1) Except as provided in ORS 59.255, 59.890, 59.995, 59.996, [and] 645.950 and 697.832, the net amount accruing
to the Department of Consumer and Business Services from all fees, charges,
interest, fines, penalties and miscellaneous revenues from all sources under
ORS [chapter] chapters 59, 645, 706 to
716, 722, 723, 725 and 726 and ORS [59.005
to 59.451, 59.660 to 59.830, 59.840 to 59.965, 59.991,] 646.382 to 646.396, 650.005 to 650.085, 697.005 to 697.095, 697.602 to 697.842, [and] 705.350 and 717.200 to 717.320 shall, after deduction of refunds, be paid
over to the State Treasurer and deposited in a separate subaccount in the
Consumer and Business Services Fund created under ORS 705.145 at least monthly
and is appropriated only for the expenses of the department in carrying out its
functions and duties under ORS [chapter]
chapters 59, 645, 706 to 716, 722, 723, 725 and 726 and ORS [59.005 to 59.451, 59.660 to 59.830, 59.840 to 59.965, 59.991, 59.995,]
646.382 to 646.396, 650.005 to
650.085, 697.005 to 697.095, 697.602 to
697.842, [and] 705.350 and 717.200 to 717.320.
(2) Any amount deposited in the separate subaccount in the
Consumer and Business Services Fund as provided in subsection (1) of this
section that at the end of each quarter is determined by the Director of the Department
of Consumer and Business Services to be in excess of the amount needed to
administer ORS [chapter] chapters 59, 645, 706 to 716, 722, 723, 725 and 726 and ORS [59.005 to 59.451, 59.660 to 59.830, 59.840 to 59.965, 59.991, 59.995]
646.382 to 646.396, [and] 650.005 to 650.085, 697.005 to 697.095, 697.602 to 697.842
and 717.200 to 717.320 shall be transferred to the General Fund and shall
become available for general governmental expenses.
SECTION 3.
ORS 705.165, as amended by section 2 of this 2001 Act, is amended to read:
705.165. (1) Except as provided in ORS 59.255, 59.890,
59.995, 59.996[,] and 645.950 [and 697.832], the net amount accruing to the Department of Consumer
and Business Services from all fees, charges, interest, fines, penalties and
miscellaneous revenues from all sources under ORS [chapters 59,] chapter
645[, 706 to 716, 722, 723, 725 and 726]
and ORS [646.382 to 646.396,] 59.005 to 59.451, 59.660 to 59.830, 59.840
to 59.965, 59.991, 650.005 to 650.085[,
697.005 to 697.095, 697.602 to 697.842,] and 705.350 [and 717.200 to
717.320] shall, after deduction of refunds, be paid over to the State
Treasurer and deposited in a separate subaccount in the Consumer and Business
Services Fund created under ORS 705.145 at least monthly and is appropriated
only for the expenses of the department in carrying out its functions and
duties under ORS [chapters 59,] chapter 645[, 706 to 716, 722, 723, 725 and 726] and ORS [646.382 to 646.396,] 59.005
to 59.451, 59.660 to 59.830, 59.840 to 59.965, 59.991, 59.995, 650.005 to
650.085[, 697.005 to 697.095, 697.602 to
697.842,] and705.350 [and 717.200 to 717.320].
(2) Any amount deposited in the separate subaccount in the
Consumer and Business Services Fund as provided in subsection (1) of this
section that at the end of each quarter is determined by the Director of the
Department of Consumer and Business Services to be in excess of the amount
needed to administer ORS [chapters 59,]
chapter 645[, 706 to 716, 722, 723, 725 and 726] and ORS [646.382 to 646.396,] 59.005
to 59.451, 59.660 to 59.830, 59.840 to 59.965, 59.991, 59.995 and 650.005
to 650.085[, 697.005 to 697.095, 697.602
to 697.842 and 717.200 to 717.320] shall be transferred to the General Fund
and shall become available for general governmental expenses.
SECTION 4.
The amendments to ORS 705.165 by section
3 of this 2001 Act become operative on January 1, 2008.
SECTION 5.
ORS 697.842 is amended to read:
697.842. All moneys received by the Director of the
Department of Consumer and Business Services or the department under ORS
697.005 to 697.095 or 697.602 to 697.842, excepting any penalties received
under ORS 697.832, shall be paid into the State Treasury[,] and deposited in the
Consumer and Business Services Fund created by ORS 705.145 [and used exclusively for the purposes of ORS
697.005 to 697.095 and 697.602 to 697.842].
SECTION 6.
ORS 697.842, as amended by section 5 of this 2001 Act, is amended to read:
697.842. All moneys received by the Director of the
Department of Consumer and Business Services or the department under ORS
697.005 to 697.095 or 697.602 to 697.842, excepting any penalties received
under ORS 697.832, shall be paid into the State Treasury, [and] deposited in the
Consumer and Business Services Fund created by ORS 705.145 and used exclusively for the purposes of ORS 697.005 to 697.095 and
697.602 to 697.842.
SECTION 7.
The amendments to ORS 697.842 by section
6 of this 2001 Act become operative on January 1, 2008.
SECTION 8.
The Banking Education Assessment Account
in the Consumer and Business Services Fund described in ORS 705.145 (8) (1999
Edition) is abolished. Any unexpended balance of the Banking Education
Assessment Account is transferred to the Consumer and Business Services Fund
for expenditure as provided under ORS 705.145 and 705.165, as amended by
sections 1 and 2 of this 2001 Act.
SECTION 9.
(1) The amendments to ORS 705.165 by
section 2 of this 2001 Act apply to amounts accruing to the Department of
Consumer and Business Services on or after the effective date of the amendments
to ORS 697.842, 705.145 and 705.165 by sections 1, 2 and 5 of this 2001 Act.
Any unexpended balance in the separate subaccount described in ORS 705.165
(1999 Edition) on the effective date of the amendments to ORS 697.842, 705.145
and 705.165 by sections 1, 2 and 5 of this 2001 Act may be expended by the
department in carrying out its functions and duties as described in ORS
705.165, as amended by section 2 of this 2001 Act.
(2) The amendments to
ORS 697.842 by section 5 of this 2001 Act apply to moneys received by the
Director of the Department of Consumer and Business Services or the department
under ORS 697.005 to 697.095 or 697.602 to 697.842 on or after the effective
date of the amendments to ORS 697.842, 705.145 and 705.165 by sections 1, 2 and
5 of this 2001 Act. Moneys received under ORS 697.842 (1999 Edition) prior to
the effective date of the amendments to ORS 697.842, 705.145 and 705.165 by
sections 1, 2 and 5 of this 2001 Act may be expended on or after the effective
date of the amendments to ORS 697.842, 705.145 and 705.165 by sections 1, 2 and
5 of this 2001 Act for the purposes described in ORS 705.165, as amended by
section 2 of this 2001 Act.
(3) The amendments to
ORS 705.165 by section 3 of this 2001 Act apply to amounts accruing to the
department under ORS chapter 645 and ORS 59.005 to 59.451, 59.660 to 59.830,
59.840 to 59.965, 59.991, 650.005 to 650.085 and 705.350 on or after January 1,
2008. The amendments to ORS 697.842 by section 6 of this 2001 Act apply to
moneys received by the director or the department under ORS 697.005 to 697.095
or 697.602 to 697.842 on or after January 1, 2008. On or after January 1, 2008,
any unexpended balance in the separate subaccount described in ORS 705.165, as
amended by section 3 of this 2001 Act, that was received by the director or the
department prior to January 1, 2008, shall be subject to the provisions of ORS
705.165, as amended by section 3 of this 2001 Act.
Approved by the Governor
June 5, 2001
Filed in the office of
Secretary of State June 5, 2001
Effective date January 1,
2002
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