71st OREGON LEGISLATIVE ASSEMBLY--2001 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 943
A-Engrossed
Senate Bill 305
Ordered by the Senate March 9
Including Senate Amendments dated March 9
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor John A. Kitzhaber,
M.D., for Department of Consumer and Business Services)
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.
Abolishes Banking Education Assessment Account in Consumer and
Business Services Fund. Expands sources of revenue for separate
subaccount in Consumer and Business Services Fund. Expands
regulatory purposes for which amounts in subaccount may be
expended. { - Requires Director of Department of Consumer and
Business Services to set certain fees by rule under Bank Act,
credit union law and savings association law. Specifies operative
date. - }
{ - Declares emergency, effective on passage. - }
{ + Sunsets changes in sources and uses of subaccount funds
on January 1, 2008. + }
A BILL FOR AN ACT
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, - } { + 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
{ - 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. + }
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