2013 ORS § 705.145¹
Consumer and Business Services Fund
  • sources
  • uses
  • revolving account
  • assignment of certain moneys to single account
  • contracts for state building code training programs

(1) There is created in the State Treasury a fund to be known as the Consumer and Business Services Fund, separate and distinct from the General Fund. All moneys collected or received by the Department of Consumer and Business Services, except 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 that 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(3) If moneys credited to any one account are withdrawn, transferred or otherwise used for purposes other than the program or activity for which the account is established, interest shall accrue on the amount withdrawn from the date of withdrawal and until such funds are restored.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 are continuously appropriated to the department for its administrative expenses and for its expenses in carrying out its functions and duties under any provision of law.

(5) Except as provided in ORS 705.165 (Disposition of moneys accruing from department administration and enforcement of certain laws), 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) Notwithstanding subsections (2), (3) and (5) of this section and except as provided in ORS 455.220 (Surcharge on building permit fees) (1), the moneys derived pursuant to ORS 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285 and ORS chapters 195, 196, 197, 215 and 227) to 446.200 (When noncompliance with city or county regulations authorized), 446.210 (Limited maintenance electricians license required), 446.225 (Administration and enforcement of federal manufactured housing safety and construction standards) to 446.285 (Advisory board training and education programs), 446.395 (License required) to 446.420 (License required to maintain action), 446.566 (Ownership document contents) to 446.646 (Department of Consumer and Business Services rules), 446.661 (Definitions for ORS 446.661 to 446.756) to 446.756 (Violation of consigned manufactured structure transfer) and 455.220 (Surcharge on building permit fees) (1) and deposited to the fund, interest earned on those moneys and withdrawals of moneys for activities or programs under ORS 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285 and ORS chapters 195, 196, 197, 215 and 227) to 446.200 (When noncompliance with city or county regulations authorized), 446.210 (Limited maintenance electricians license required), 446.225 (Administration and enforcement of federal manufactured housing safety and construction standards) to 446.285 (Advisory board training and education programs), 446.395 (License required) to 446.420 (License required to maintain action), 446.566 (Ownership document contents) to 446.646 (Department of Consumer and Business Services rules) and 446.661 (Definitions for ORS 446.661 to 446.756) to 446.756 (Violation of consigned manufactured structure transfer), or education and training programs pertaining thereto, must be assigned to a single account within the fund.

(9) Notwithstanding subsections (2), (3) and (5) of this section, the moneys derived pursuant to ORS 455.240 (Revenues from sales of building codes publications) or 460.370 (Deposit of fees) or from state building code or specialty code program fees for which the amount is established by department rule pursuant to ORS 455.020 (Purpose) (2) and deposited to the fund, interest earned on those moneys and withdrawals of moneys for activities or programs described under ORS 455.240 (Revenues from sales of building codes publications) or 446.566 (Ownership document contents) to 446.646 (Department of Consumer and Business Services rules), 446.661 (Definitions for ORS 446.661 to 446.756) to 446.756 (Violation of consigned manufactured structure transfer) and 460.310 (Definitions for ORS 460.310 to 460.370) to 460.370 (Deposit of fees), structural or mechanical specialty code programs or activities for which a fee is collected under ORS 455.020 (Purpose) (2), or programs described under subsection (10) of this section that provide training and education for persons employed in producing, selling, installing, delivering or inspecting manufactured structures or manufactured dwelling parks or recreation parks, must be assigned to a single account within the fund.

(10) Notwithstanding ORS 279.835 (Definitions for ORS 279.835 to 279.855) to 279.855 (Entities that may obtain goods and services through Oregon Department of Administrative Services) and ORS chapters 279A and 279B, the department may, after consultation with the appropriate specialty code advisory boards established under ORS 455.132 (Building Codes Structures Board), 455.135 (Residential and Manufactured Structures Board), 455.138 (Electrical and Elevator Board), 480.535 (Board of Boiler Rules) and 693.115 (State Plumbing Board), contract for public or private parties to develop or provide training and education programs relating to the state building code and associated licensing or certification programs. [1987 c.373 §17; 1989 c.711 §6; 1993 c.744 §11; 1995 c.641 §16; 1999 c.518 §1; 2001 c.319 §1; 2001 c.710 §13; 2003 c.655 §84a; 2003 c.675 §47; 2003 c.794 §322; 2005 c.755 §53; 2009 c.567 §35; 2013 c.698 §11]