Chapter 518 Oregon Laws 1999

Session Law

AN ACT

SB 577

Relating to the Consumer and Business Services Fund; amending ORS 446.176, 455.220 and 705.145; and appropriating money.

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(3) Should moneys credited to any one account be withdrawn, transferred or otherwise used for purposes other than the program or activity for which the account is established, interest shall accrue on the amount withdrawn from the date of withdrawal and until such funds are restored.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) 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) 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 446.176 is amended to read:

446.176. (1) The Director of the Department of Consumer and Business Services, with the approval of the Manufactured Structures and Parks Advisory Board, shall adopt regulations under the provisions of ORS 183.310 to 183.550 to provide a schedule for plan review fees, insignia fees, inspection fees and other necessary fees based on the cost of administering ORS 446.003, 446.111, 446.160, 446.225 to 446.285, 446.990 and this section and those parts of ORS 446.003 to 446.200 and 446.225 to 446.285 within the jurisdiction of the Department of Consumer and Business Services.

(2) Fees collected by the department pursuant to this section shall be deposited in the Consumer and Business Services Fund established by ORS 705.145, with any specifically designated training fees to be deposited in the Manufactured Structures and Parks Education Account of the fund, and shall be used exclusively for the administration and enforcement of those matters in ORS 446.003 to 446.200 and 446.225 to 446.285 under the jurisdiction of the department.

SECTION 3. ORS 455.220 is amended to read:

455.220. (1) For the purpose of defraying the costs of training and other educational programs administered by the Department of Consumer and Business Services under this chapter there is hereby imposed a surcharge in the amount of one percent of the total building permit fees collected in connection with the construction of, or addition or alteration to, buildings and equipment or appurtenances.

(2) Permit surcharges shall be collected by each municipality and remitted to the Director of the Department of Consumer and Business Services. Each municipality having a population greater than 40,000 shall, on a monthly basis, prepare and submit to the director a report of permits and certificates issued in each class or category and fees and surcharges thereon collected during the month, together with other statistical information as required by the director concerning construction activity regulated by the parts of the state building code administered by the municipality. All other municipalities shall submit such a report on a quarterly basis. The report, which shall be in a form prescribed by the director, shall be submitted, together with a remittance covering the surcharges collected, by no later than the 15th day following the month or quarter in which the surcharges are collected.

(3) All surcharges and other fees prescribed by ORS 455.010 to 455.240 and 455.410 to 455.740 and payable to the department, except fees received under ORS 455.150 (6), shall be deposited by the director in the Consumer and Business Services Fund created by ORS 705.145. The training surcharge imposed under subsection (1) of this section for permits established under ORS 446.062 (3), 446.176, 446.405 (2), 446.430 (2) and 455.170 (2) shall be deposited in the Manufactured Structures and Parks Education Account of the Consumer and Business Services Fund established under ORS 705.145.

SECTION 4. If Senate Bill 512 becomes law, section 3 of this 1999 Act (amending ORS 455.220) is repealed and ORS 455.220, as amended by section 10, chapter 1082, Oregon Laws 1999 (Enrolled Senate Bill 512), is amended to read:

(3)(a) Except as provided in subsection (4) of this section, all surcharges and other fees prescribed by ORS 455.010 to 455.240 and 455.410 to 455.740 and payable to the department, except fees received under ORS 455.150 (6), shall be deposited by the director in the Consumer and Business Services Fund created by ORS 705.145.

(b) Notwithstanding subsection (4)(a) of this section, the training surcharge imposed under subsection (1) of this section for permits established under ORS 446.062 (3), 446.176, 446.405 (2), 446.430 (2) and 455.170 (2) shall be deposited in the Manufactured Structures and Parks Education Account of the Consumer and Business Services Fund established under ORS 705.145.

(4)(a) The director shall deposit in the Tri-County Building Industry Service Center Account established under section 7 [of this 1999 Act], chapter 1082, Oregon Laws 1999 (Enrolled Senate Bill 512), one-half of the funds received under subsections (1) and (2) of this section from the surcharges on building permit fees imposed in Clackamas, Multnomah and Washington Counties.

(b) The director shall deposit funds received under ORS 455.210 (6) in the Tri-County Building Industry Service Center Account established under section 7 [of this 1999 Act], chapter 1082, Oregon Laws 1999 (Enrolled Senate Bill 512).

(5) The director shall administer training and other education programs under this chapter through contracts with local educational institutions, professional associations or other training providers.

Approved by the Governor July 8, 1999

Filed in the office of Secretary of State July 8, 1999

Effective date October 23, 1999

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