Oregon Statutes 184.642 – Department of Transportation Operating Fund; sources; uses
(1) The Department of Transportation Operating Fund is established in the State Treasury separate and distinct from the General Fund and separate and distinct from the State Highway Fund. Except as otherwise provided in subsection (3)(e) of this section, moneys in the Department of Transportation Operating Fund are continuously appropriated to the Department of Transportation to pay expenses of the department that are incurred in the performance of functions the department is statutorily required or authorized to perform and that may not constitutionally be paid from revenues described in section 3a, Article IX of the Oregon Constitution.
Terms Used In Oregon Statutes 184.642
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- State Treasury: includes those financial assets the lawful custody of which are vested in the State Treasurer and the office of the State Treasurer relating to the custody of those financial assets. See Oregon Statutes 174.100
(2) The operating fund shall consist of the following:
(a) Taxes paid on motor vehicle fuels or on the use of fuel in a motor vehicle for which a person is entitled to a refund under a provision described in this paragraph but for which no refund is claimed, in amounts determined under ORS § 184.643. This paragraph applies to refund entitlements described in ORS § 319.280 (1)(a) and (e), 319.320 (1)(a) and 319.831 (1)(b).
(b) Fees collected under ORS § 822.700 for issuance or renewal of:
(A) Dismantler certificates;
(B) Vehicle dealer certificates;
(C) Show licenses;
(D) Vehicle transporter certificates;
(E) Driver training instructor certificates;
(F) Commercial driver training school certificates; and
(G) Vehicle appraiser certificates.
(c) Late fees collected under ORS § 822.700.
(d) Fees collected under ORS § 822.705.
(e) Moneys from civil penalties imposed under ORS § 822.009.
(f) Fees collected under ORS § 807.410 for identification cards.
(g) Fees collected by the department for issuance of permits to engage in activities described in ORS § 374.302 to 374.334 that are not directly connected to the construction, reconstruction, improvement, repair, maintenance, operation and use of a public highway, road, street or roadside rest area.
(h) Fees collected under ORS § 835.017 for services provided to the Oregon Department of Aviation.
(i) Interest and other earnings on moneys in the operating fund.
(3) Moneys in the Department of Transportation Operating Fund established by subsections (1) and (2) of this section may be spent only as follows:
(a) Taxes described in subsection (2)(a) of this section may be used only for payment of expenses of the Department of Transportation that:
(A) May not constitutionally be paid from revenues described in section 3a, Article IX of the Oregon Constitution;
(B) Are incurred in the performance of functions the department is statutorily required or authorized to perform; and
(C) Are not payable from moneys described in paragraphs (b) to (e) of this subsection.
(b) Fees collected under subsection (2)(b) of this section may be used only to carry out the regulatory functions of the department relating to the businesses that generate the fees.
(c) Fees collected under ORS § 822.705 may be used only for the purposes described in ORS § 822.705.
(d) Moneys collected from civil penalties imposed under ORS § 822.009 may be used only for regulation of vehicle dealers.
(e) Moneys collected under ORS § 807.410 from fees for identification cards shall be used first to pay the expenses of the department for performing the functions of the department relating to identification cards. After paying the expenses related to identification cards, the department shall transfer the remaining moneys collected under ORS § 807.410 to the Statewide Transportation Improvement Fund established in ORS § 184.751.
(f) Moneys from the permits described in subsection (2)(g) of this section may be used for costs of issuing the permits and monitoring the activities that generate the fees.
(g) Moneys from interest and other earnings on moneys in the operating fund may be used for any purpose for which other moneys in the fund may be used. [2001 c.820 1,2; 2003 c.601 § 1; 2003 c.655 § 62; 2005 c.654 22,23; 2011 c.630 § 34; 2013 c.372 § 4; 2020 s.s.1 c.15 § 9]
184.642 and 184.643 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS Chapter 184 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.