2005 Oregon Code - Chapter 295 :: Chapter 295 - Depositories of Public Funds and Securities
Chapter 295 — Depositories of Public Funds and Securities
2005 EDITION
DEPOSITORIES OF PUBLIC FUNDS AND SECURITIES
PUBLIC FINANCIAL ADMINISTRATION
295.005Â Â Â Â Definitions for ORS 295.005 to 295.165
295.008Â Â Â Â Conditions for acting as custodian bank, depository bank or pool manager
295.011Â Â Â Â Public funds not subject to ORS 295.005 to 295.165
295.015Â Â Â Â Maintenance of securities by depository required
295.018Â Â Â Â Increase in required collateral of depository; notification; effect of failure to increase collateral; records exempt from disclosure; exception
295.022Â Â Â Â Collateral not required for deferred compensation funds
295.025Â Â Â Â Retention of cash working fund by public official; deposit of remaining public funds
295.027Â Â Â Â Conditions for deposit of funds without certificate of participation
295.035Â Â Â Â Issuance of custodianÂ’s receipt for securities
295.045Â Â Â Â Designation of pool managers; procedure for changing managers
295.055Â Â Â Â Depository bank to inform State Treasurer of its custodian banks and pool managers
295.065Â Â Â Â Duties of pool manager
295.085Â Â Â Â Requiring special certification of collateral value
295.105Â Â Â Â Effect of deposit of securities; procedure in case of default of depository bank; rules
295.115Â Â Â Â Time deposits
295.125Â Â Â Â Deposits for terms not exceeding two years; interest; retention of sum by State Treasurer to pay current obligations
295.135Â Â Â Â Designation of depository; collection for claims due state
295.145Â Â Â Â Department of State Lands to invest proceeds from sales of public lands
295.155Â Â Â Â Preference in selecting depositories for political subdivisions; apportioning funds; interest
295.165Â Â Â Â Depositing moneys with treasurer of political subdivision
295.175Â Â Â Â Expenses of State Treasurer as pool manager; rules
295.185Â Â Â Â Maintenance of certain securities as collateral at rate set by State Treasurer
295.195Â Â Â Â When deposit in foreign country authorized; effect on collateral
295.205Â Â Â Â Accounts in financial institutions outside Oregon; conditions; rules
     295.005
Definitions for ORS 295.005 to 295.165. As used in ORS 295.005 to 295.165,
unless the context requires otherwise:
     (1) “Certificate of participation” or “certificate” means a nonnegotiable document issued by a pool manager to a public official.
     (2) “Custodian bank” or “custodian” means the following institutions designated by the depository bank for its own account:
     (a) The Federal Reserve Bank designated to serve this state, or any branch of that bank;
     (b) The Federal Home Loan Bank designated to serve this state, or any branch of that bank;
     (c) Any insured institution or trust company, as those terms are defined in ORS 706.008, that is authorized to accept deposits or transact trust business in this state and that complies with ORS 295.008; and
     (d) The fiscal agency of the State of Oregon, duly appointed and acting as such agency pursuant to ORS 288.010 to 288.110.
     (3) “Custodian’s receipt” or “receipt” means a document issued by a custodian bank to a pool manager describing the securities deposited with it by a depository bank to secure public fund deposits.
     (4) “Depository bank” or “depository” means an insured institution or trust company, as those terms are defined in ORS 706.008, a credit union, as defined in ORS 723.006, the shares and deposits of which are insured by the National Credit Union Share Insurance Fund, or a federal credit union, if the institution, trust company or credit union:
     (a) Maintains a head office or a branch in this state in the capacity of an insured institution, trust company, credit union or federal credit union; and
     (b) In the case of an insured institution or trust company, complies with ORS 295.008.
     (5) “Pool manager” means:
     (a) The State Treasurer;
     (b) Any insured institution or trust company, as those terms are defined in ORS 706.008, a credit union, as defined in ORS 723.006, the shares and deposits of which are insured by the National Credit Union Share Insurance Fund, or a federal credit union, if the institution, trust company or credit union:
     (A) Is authorized to accept deposits or transact trust business in this state; and
     (B) In the case of an insured institution or trust company, complies with ORS 295.008;
     (c) The Federal Reserve Bank designated to serve this state, or any branch of that bank; or
     (d) The Federal Home Loan Bank designated to serve this state, or any branch of that bank.
     (6) “Public funds” or “funds” means funds under the control or in the custody of a public official by virtue of office.
     (7) “Security” or “securities” means:
     (a) Obligations of the United States, including those of its agencies and instrumentalities;
     (b) Obligations of the International Bank for Reconstruction and Development;
     (c) Bonds of any state of the United States:
     (A) That are rated in one of the four highest grades by a recognized investment service organization that has been engaged regularly and continuously for a period of not less than 10 years in rating state and municipal bonds; or
     (B) Having once been so rated are ruled to be eligible securities for the purposes of ORS 295.005 to 295.165, notwithstanding the loss of such rating;
     (d) Bonds of any county, city, school district, port district or other public body in the United States payable from ad valorem taxes levied generally on substantially all property within the issuing body and that meet the rating requirement or are ruled to be eligible securities as provided in paragraph (c) of this subsection;
     (e) Bonds of any county, city, school district, port district or other public body issued pursuant to the Constitution or statutes of the State of Oregon or the charter or ordinances of any county or city within the State of Oregon, if the issuing body has not been in default with respect to the payment of principal or interest on any of its bonds within the preceding 10 years or during the period of its existence if that is less than 10 years;
     (f) Bond anticipation notes issued, sold or assumed by an authority under ORS 441.560;
     (g) One-family to four-family housing mortgage loan notes related to property situated in the State of Oregon, which are owned by a depository bank, no payment on which is more than 90 days past due, and which are eligible collateral for loans from the Federal Reserve Bank of San Francisco under section 10(b) of the Federal Reserve Act and regulations thereunder;
     (h) Bonds, notes, letters of credit or other securities or evidence of indebtedness constituting the direct and general obligation of a federal home loan bank or Federal Reserve bank;
     (i) Debt obligations of domestic corporations that are rated in one of the three highest grades by a recognized investment service organization that has been engaged regularly and continuously for a period of not less than 10 years in rating corporate debt obligations;
     (j) Collateralized mortgage obligations and real estate mortgage investment conduits that are rated in one of the two highest grades by a recognized investment service organization that has been engaged regularly and continuously for a period of not less than 10 years in rating corporate debt obligations; and
     (k) One-family to four-family housing mortgages that have been secured by means of a guarantee as to full repayment of principal and interest by an agency of the United States Government, including the Government National Mortgage Association, the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation.
     (8) “Public official” means each officer or employee of this state or any agency, political subdivision or public or municipal corporation thereof who by law is made the custodian of or has control of any public funds.
     (9) “Value” means the current market value of securities. [1967 c.451 §1; 1973 c.157 §4; 1973 c.288 §2; 1973 c.378 §1; 1973 c.797 §426; 1975 c.515 §8; 1981 c.440 §2; 1983 c.104 §3; 1983 c.456 §4; 1985 c.439 §1; 1985 c.565 §51; 1987 c.524 §1; 1989 c.536 §1; 1991 c.352 §6; 1993 c.74 §1; 1993 c.229 §23; 1993 c.318 §12; 1997 c.631 §447; 1999 c.311 §1; 1999 c.412 §3; 2003 c.195 §17; 2003 c.405 §2; 2005 c.443 §§32,32a]
     295.008
Conditions for acting as custodian bank, depository bank or pool manager.
(1)(a) An insured institution or trust company described in ORS 295.005 (2)(c)
may not be a custodian bank under ORS 295.005 to 295.165, unless it certifies
in writing to the State Treasurer that it will furnish the reports required
under ORS 714.075 to the Director of the Department of Consumer and Business
Services.
     (b) With the approval of the State Treasurer, a depository bank may be a custodian bank with respect to its own securities.
     (2) An insured institution or trust company described in ORS 295.005 (4) may not be a depository bank under ORS 295.005 to 295.165, unless it:
     (a) Certifies in writing to the State Treasurer that it will furnish the reports required under ORS 714.075 to the Director of the Department of Consumer and Business Services; and
     (b) Except as provided in subsection (3) of this section, enters into a written agreement with the State Treasurer and a custodian that pledges the securities deposited by the insured institution or trust company with the custodian as collateral for deposits of public funds held by the insured institution or trust company. The agreement must be approved by the board of directors or loan committee of the insured institution or trust company and shall be continuously maintained as a written record of the insured institution or trust company.
     (3) An insured institution or trust company described in ORS 295.005 (4) may be a depository bank under ORS 295.005 to 295.165 without entering into the agreement described in subsection (2) of this section if the insured institution or trust company does not hold any funds on deposit for a public official that exceed the limits specified in ORS 295.025 for that type of depository. The provisions of ORS 295.015, 295.018, 295.035, 295.045, 295.055, 295.065, 295.105 and 295.185 do not apply to an insured institution or trust company that is a depository bank under this subsection.
     (4) An insured institution or trust company may not be a pool manager with respect to securities that it deposits with its custodians as collateral for the security of public fund deposits, and an insured institution or trust company may not be a pool manager unless it certifies in writing to the State Treasurer that it will furnish the reports required under ORS 714.075 to the Director of the Department of Consumer and Business Services. [2005 c.112 §3]
     295.010
[Amended by 1953 c.352 §3; 1957 c.172 §1; 1965 c.169 §1; repealed by 1967 c.451
§32]
     295.011
Public funds not subject to ORS 295.005 to 295.165. (1) The following
public funds are not subject to the provisions of ORS 295.005 to 295.165:
     (a) Funds that are deposited for the purpose of paying principal, interest or premium, if any, on bonds, like borrowings and related costs or securing a borrowing related to an agreement for exchange of interest rates entered into under ORS 287.025.
     (b) Funds that are invested in authorized investments under provisions of law other than ORS 295.005 to 295.165. Funds invested under ORS 293.701 to 293.820 are invested in authorized investments for purposes of this subsection from the time the funds are transferred by the State Treasurer to a third party under the terms of a contract for investment or administration of the funds that requires such a transfer until the time the funds are returned to the treasurer or paid to another party under the terms of the contract.
     (c) Negotiable certificates of deposit purchased by the State Treasurer under ORS 293.736 or by an investment manager under ORS 293.741.
     (2) Notwithstanding subsection (1) of this section, funds deposited by a custodial officer under ORS 294.035 (3)(d) are subject to the provisions of ORS 295.005 to 295.165. [2005 c.112 §4; 2005 c.443 §32c]
     295.015
Maintenance of securities by depository required. Except as provided in ORS
295.018:
     (1) Each depository throughout the period of its possession of public fund deposits shall maintain on deposit with its custodians, at its own expense, securities having a value not less than 25 percent of the certificates of participation issued by its pool manager.
     (2) The depository may deposit other eligible securities with its custodian and withdraw from deposit securities theretofore pledged to secure deposits of public funds, if the remaining securities have a value not less than 25 percent of outstanding certificates of participation of the pool manager. The pool manager shall execute such releases and surrender such custodian’s receipts as are appropriate to effect substitutions and withdrawals of excess pledged securities. [1967 c.451 §2; 1975 c.515 §3]
     295.018
Increase in required collateral of depository; notification; effect of failure
to increase collateral; records exempt from disclosure; exception. (1) The
State Treasurer may require any depository bank during any period when it has
in its possession public fund deposits to maintain on deposit with its
custodians securities having a value not less than 110 percent of the
certificates of participation issued by its pool manager. The increase in
collateral shall be ordered upon the advice of the Director of the Department
of Consumer and Business Services. If the depository bank is a federally
chartered savings and loan association, in giving its advice to the State
Treasurer the director may rely exclusively on information provided to the
director by federal regulatory agencies and by the association on forms
prescribed by the director; as a condition of being analyzed and reviewed by
the director, a federal association shall agree and consent to provide the
director with accurate, pertinent and timely information.
     (2) Failure of the director to inform the State Treasurer of the condition of any depository does not give any public depositor any right or impose any liability on the director. The State Treasurer shall not be liable to any public depositor or to any depository bank for increasing or not increasing the collateral requirement as authorized in subsection (1) of this section.
     (3) Any depository bank notified by the State Treasurer of the increased collateral requirement shall comply with the order within 10 business days by increasing the collateral in the same manner as required for the initial deposit of collateral in ORS 295.015. The bank shall notify the State Treasurer and the pool manager of its compliance by supplying copies of the custodian’s receipts for the increased collateral.
     (4) If any depository bank notified by the State Treasurer of an increased collateral requirement fails to notify the State Treasurer of compliance therewith within 10 business days, the State Treasurer shall immediately notify the director of the failure and shall send notice to the pool manager and all public depositors served by that depository bank of its failure to comply.
     (5) A depository bank described in subsection (4) of this section shall accept no further public deposits.
     (6) Financial institutions named in records received or compiled by the State Treasurer pursuant to the provisions of this section shall be exempt from public disclosure unless the public interest requires disclosure in the particular instance. [1975 c.515 §2; 1981 c.440 §1; 1985 c.762 §182; 1987 c.373 §§28a,28b; 1987 c.554 §1; 1989 c.171 §41; 1991 c.327 §1]
     295.020
[Repealed by 1967 c.451 §32]
     295.022
Collateral not required for deferred compensation funds. Notwithstanding
any other provision of this chapter, when a bank, mutual savings bank or
savings and loan association receives moneys of the Deferred Compensation Fund
established under ORS 243.411 from the state for deposit or investment, the
institution shall not have to maintain the collateral required under this
chapter for those deferred compensation moneys. [1977 c.721 §15; 1997 c.179
§27]
     295.025
Retention of cash working fund by public official; deposit of remaining public
funds. (1) Any public official may retain undeposited such reasonable cash
working fund as is fixed by the governing body of the political subdivision or
public corporation for which the public official acts. Except to the extent of
such cash working fund, each public official shall deposit public funds in the
custody or control of the public official in one or more depositories currently
qualified pursuant to ORS 295.005 to 295.165. The public official may not have
on deposit in any one depository bank that is a credit union or federal credit
union an aggregate sum in excess of $100,000. With respect to other depository
banks, the public official, without procuring certificates of participation
issued by the pool manager of the depository in an amount equal to the excess
deposit, shall not have on deposit in any one depository bank and its branches
a sum in excess of:
     (a) The amount insured by the Federal Deposit Insurance Corporation; or
     (b) For any amount over the amount insured by the Federal Deposit Insurance Corporation, the amount insured or guaranteed by private deposit insurance or a deposit guaranty bond issued by an insurance company rated A- or better by a recognized insurance rating service.
     (2) Whenever a public official holds a certificate of participation issued by a pool manager in an amount exceeding the amount required by subsection (1) of this section, upon the written request of the depository bank the public official shall surrender it to the pool manager or direct the pool manager in writing to cancel it in whole or in a designated part.
     (3) Compliance with ORS 295.005 to 295.165 relieves the public official of personal liability on account of the loss of the public funds in the custody or control of the public official. [1967 c.451 §3; 1973 c.288 §3; 1999 c.48 §1; 2003 c.405 §6]
     295.027
Conditions for deposit of funds without certificate of participation. (1) A
public official may deposit public funds in an amount in excess of the amount
allowed in ORS 295.025 without procuring a certificate of participation if the
funds are initially deposited into a depository in Oregon and the Oregon
depository participates in a program through which:
     (a) The Oregon depository arranges for deposit of the funds into one or more certificates of deposit or time deposits issued by other financial institutions in the United States;
     (b) Each certificate of deposit or time deposit is fully insured by the Federal Deposit Insurance Corporation;
     (c) The Oregon depository administers the funds on behalf of the public official; and
     (d) Other financial institutions participating in the program place funds into the Oregon depository in an amount at least equal to the amount deposited into the Oregon depository by the public official for purposes of the program.
     (2) The provisions of ORS 294.035 and 295.005 requiring deposit of public funds into depositories that have offices or branches in Oregon do not apply to certificates of deposit or time deposits that an Oregon depository arranges for under the provisions of the program described in this section.
     (3) As used in this section, “public funds” and “public official” have the meanings given those terms in ORS 295.005. [2005 c.58 §1]
     Note: 295.027 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 295 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
     295.030
[Repealed by 1967 c.451 §32]
     295.035
Issuance of custodianÂ’s receipt for securities. Upon receipt of securities
from the depository bank, the custodian bank shall issue to the pool manager
designated by the depository a custodianÂ’s receipt describing the securities.
[1967 c.451 §4]
     295.040
[Amended by 1959 c.330 §1; 1963 c.128 §1; 1965 c.629 §1; repealed by 1967 c.451
§32]
     295.045
Designation of pool managers; procedure for changing managers. Each
depository bank shall designate one or more pool managers as provided in ORS
295.005 to 295.165; but it shall designate only one pool manager to function
with respect to the public fund deposits and the security therefor of a single
public official. If the depository elects to change pool managers, the public
official shall surrender certificates of participation issued by the former
pool manager in exchange for certificates of like amount issued by the
successor pool manager, and the former pool manager shall cause the custodian
to deliver to the successor pool manager custodianÂ’s receipts for security no
longer required to support its outstanding certificates of participation. Such
transactions may be arranged by escrows or otherwise, as the parties agree.
[1967 c.451 §5]
     295.050
[Repealed by 1967 c.451 §32]
     295.055
Depository bank to inform State Treasurer of its custodian banks and pool
managers. Each depository bank shall keep on file with the State Treasurer
the names and addresses of each of its custodian banks and pool managers. [1967
c.451 §6]
     295.060
[Repealed by 1967 c.451 §32]
     295.065
Duties of pool manager. Each pool manager shall:
     (1) Maintain an accurate inventory of the securities of each depository bank described in the custodian’s receipts transmitted to it from custodian banks, and adjust the inventory to reflect withdrawals and substitutions of securities previously inventoried.
     (2) Appraise the value of the securities added to and withdrawn from the inventory of the depository bank, and appraise the value of the entire inventory of the depository on October 1 of each year and at such other times as it is directed to do so by the State Treasurer.
     (3) Issue certificates of participation to public officials in amounts designated by the depository bank and, upon the direction of the depository bank and the written consent of the public official to whom it is issued, reduce, modify or cancel a certificate.
     (4) Notify in writing holders of certificates of participation in the collateral of a depository bank whenever, after 10 days’ notice to the depository bank, the value of the securities continues to be less than 25 percent of outstanding certificates.
     (5) Notify the State Treasurer of the occurrence whenever a bond in the inventory of a depository bank loses its rating requirement provided in ORS 295.005 (7)(c) and (d). [1967 c.451 §7; 1973 c.378 §2; 1975 c.515 §4]
     295.070
[Repealed by 1967 c.451 §32]
     295.075
[1965 c.629 §3; repealed by 1967 c.451 §32]
     295.080
[Amended by 1959 c.330 §2; 1963 c.520 §2; 1967 c.335 §33; repealed by 1967
c.451 §32]
     295.085
Requiring special certification of collateral value. If, in the opinion of
the State Treasurer, market conditions so indicate, the State Treasurer may
require certification of collateral value in accordance with ORS 295.065 at
other times throughout the year. The decision to request a special
certification shall be solely at the discretion of the State Treasurer. [1967
c.451 §8]
     295.090
[Amended by 1959 c.330 §3; repealed by 1967 c.451 §32]
     295.095
[1967 c.451 §9; 1969 c.314 §20; 1973 c.378 §3; 1983 c.456 §7; repealed by 1999
c.311 §8]
     295.100
[Repealed by 1967 c.451 §32]
     295.105
Effect of deposit of securities; procedure in case of default of depository
bank; rules. (1) The deposit of securities by a depository bank with its
custodian pursuant to ORS 295.005 to 295.165 constitutes consent by the
depository to the disposition of the securities in accordance with this
section.
     (2) When a depository is closed by order of the Director of the Department of Consumer and Business Services or the Comptroller of the Currency, the State Treasurer shall:
     (a) Demand and receive from the pool manager the custodian’s receipts; and
     (b) Demand and receive from the custodian the securities pledged to secure deposits of public funds and liquidate in an orderly manner the securities or such thereof as the State Treasurer may determine advisable at public or private sale and distribute the proceeds as provided in this section.
     (3) Each public official shall advise the State Treasurer of the amount of the public official’s deposits in the defaulted depository bank, and the State Treasurer shall proceed to determine the total amount of the claims payable out of the collateral of the depository. The claim of a public official for purposes of this section shall be the lesser of:
     (a) The amount of the public official’s deposits plus interest to the date the funds are distributed to the public official at the rate the depository agreed to pay on the funds reduced by the portion thereof that is insured by the Federal Deposit Insurance Corporation; or
     (b) The amount of the public official’s certificates of participation plus interest on the public official’s deposits to the date the funds are distributed to the public official at the rate the depository agreed to pay on the funds.
     (4) The State Treasurer shall distribute the net proceeds of the collateral, to the extent that they do not exceed the total claims, among the public officials entitled thereto in proportion to their respective claims. The State Treasurer shall remit to the depository bank any of its collateral or the proceeds thereof in excess of the amount so distributable to public officials.
     (5) If the net proceeds of the collateral are inadequate, after all other available sources are applied, to meet the total claims of the public officials entitled thereto, the public officials may make claims against the depository bank as general creditors.
     (6) The State Treasurer, in accordance with ORS chapter 183, shall adopt rules to carry out this section. [1967 c.451 §10; 1973 c.438 §1; 1975 c.515 §5; 1983 c.296 §10; 1985 c.762 §183; 1999 c.311 §2]
     295.110
[Amended by 1953 c.352 §3; repealed by 1967 c.451 §32]
     295.115
Time deposits. (1) Any depository may offer in writing to accept from the
State Treasurer time deposits without limitation in amount or in an aggregate
amount therein stated and to pay interest on the time deposits at rates
specified in the offer. The offer shall be a continuing offer until it is
modified or withdrawn by notice in writing delivered or mailed by registered or
certified mail to the State Treasurer. While the offer continues in effect, the
depository is bound to accept upon the terms therein specified time deposits
tendered by the State Treasurer.
     (2) Any funds deposited by the State Treasurer on a time basis shall be deposited at the highest rate of interest available for the amount and term of the deposit.
     (3) The State Treasurer shall establish time deposits so as to make the deposited moneys as productive as possible, and shall exercise the judgment and care which persons of prudence, discretion and intelligence exercise in the management of their own affairs, considering the probable income and the probable safety of the moneys deposited, including the distribution of the deposits among depositories so as to minimize the possibility of loss of moneys. [1967 c.451 §11; 1989 c.319 §1]
     295.120
[Amended by 1953 c.352 §3; repealed by 1967 c.451 §32]
     295.125
Deposits for terms not exceeding two years; interest; retention of sum by State
Treasurer to pay current obligations. (1)(a) The State Treasurer may
deposit moneys not required to meet current demands for a term not to exceed
two years at such interest rates and upon such conditions as to withdrawals of
such moneys as may be agreed upon between the State Treasurer and any
depository bank or banks in the state.
     (b) All interest received on deposits of moneys under this subsection shall accrue to and become a part of the General Fund as required by ORS 293.140.
     (2)(a) The State Treasurer may deposit moneys of any of the funds mentioned in ORS 293.701 (2), except moneys deposited under subsection (1) of this section, at such interest rates and upon such conditions as to withdrawals of such moneys as may be agreed upon between the State Treasurer and any depository bank or banks in the state.
     (b) Notwithstanding ORS 293.140, all interest received on deposits of moneys under this subsection shall accrue to and become a part of the fund the moneys of which were deposited.
     (3) The State Treasurer may retain on hand in the state vault or in a depository, the sum the treasurer considers necessary as a reserve for the purpose of paying the current obligations and appropriations of the state. [1967 c.451 §12b; 1981 c.189 §1; 1989 c.319 §2]
     295.130
[Amended by 1953 c.352 §3; repealed by 1967 c.451 §32]
     295.135
Designation of depository; collection for claims due state. (1) The State
Treasurer may designate such banks as are necessary within this state as
depositories for the collection of drafts, checks, certificates of deposit and
coupons received by the State Treasurer on account of any claim due the state.
     (2) The State Treasurer, on receipt of any draft, check or certificate of deposit, on account of a claim due the state, may place it in a depository for collection. The depository shall collect it without delay and shall notify the State Treasurer when collected. The compensation to be paid by the depository shall be fixed by the State Treasurer upon the best terms obtainable for the state. [1967 c.451 §13; 1981 c.189 §2; 1991 c.6 §1]
     295.140
[Repealed by 1953 c.352 §3]
     295.145
Department of State Lands to invest proceeds from sales of public lands.
Nothing in ORS 295.005 to 295.165 deprives the Department of State Lands of the
power to invest or dispose of the funds derived from the sale of public lands
as provided by law. [1967 c.451 §14]
     295.150
[Repealed by 1967 c.451 §32]
     295.155
Preference in selecting depositories for political subdivisions; apportioning
funds; interest. (1) In selecting banks or trust companies to act as
depositories, public officials are not limited to the appointment of banks or
trust companies in any particular locality. However, if banks or trust
companies are engaged in business at an office or offices within the corporate
limits of the political subdivision or public corporation and qualify to
receive the funds, such depositories shall be given preference. If there is
more than one such local qualifying depository, the depositing public official
shall apportion the funds in the hands of the public official to such
depositories in a manner that is equitable and in the best interests of the
political subdivision or public corporation.
     (2) The depositories shall be required to pay to the political subdivision or public corporation upon deposits evidenced by certificates of deposit or deposits that by agreement may not be withdrawn on less than 30 days’ notice, interest at such rate or rates as shall be agreed upon between the governing body of the political subdivision or public corporation and the depository.
     (3) All interest received on deposits of moneys under this section shall accrue to and become a part of the fund the moneys of which were deposited.
     (4) This section does not apply to the State Treasurer. [1967 c.451 §15; 2005 c.22 §225]
     295.160
[Repealed by 1967 c.451 §32]
     295.165
Depositing moneys with treasurer of political subdivision. Any public
official may deposit moneys coming into the hands of the public official in
connection with official duties with the treasurer of the political subdivision
or public corporation concerned and obtain a receipt therefor. [1967 c.451 §16]
     295.170
[Repealed by 1967 c.451 §32]
     295.175
Expenses of State Treasurer as pool manager; rules. The expense of the
State Treasurer in acting as a pool manager shall be paid to the State
Treasurer by the depository bank using the services as pool manager. The State
Treasurer, under rules and regulations to be adopted by the State Treasurer
pursuant to ORS chapter 183, shall deposit funds so received and may require
advance deposits to be made by any depository bank. The moneys credited
pursuant to this section are continuously appropriated for the payment of
expenses incurred in the administration of ORS 295.005 to 295.165. [1967 c.451
§30; 1989 c.569 §5]
     295.180
[Repealed by 1967 c.451 §32]
     295.185
Maintenance of certain securities as collateral at rate set by State Treasurer.
Notwithstanding the provisions of ORS 295.005 to 295.165, securities described
in ORS 295.005 (7)(g) shall be maintained as collateral for public deposits at
the value determined by the State Treasurer. [1983 c.456 §6]
     295.190
[Repealed by 1967 c.451 §32]
     295.195
When deposit in foreign country authorized; effect on collateral. (1)
Notwithstanding any other provision of ORS chapter 295, the Department of
Higher Education, with the approval of the State Treasurer, may deposit funds
in a financial institution in a foreign country, if the circumstances under
which the funds are to be used render it impracticable to keep the funds in a
domestic financial institution or if the terms of a grant, gift or contract require
that the funds be kept in a foreign country.
     (2) Notwithstanding any other provision of this chapter, to the extent estimated to be necessary to fund operations or activities for one biennium of the State of Oregon in a foreign country, the State Treasurer may deposit funds in a financial institution in a foreign country.
     (3) When funds are deposited in a financial institution in a foreign country pursuant to subsection (1) or (2) of this section, the institution shall not be required to maintain collateral as provided in ORS 295.015. Reasonable and prudent measures to protect the public funds from loss shall be exercised to the extent permitted under the laws of the foreign country.
     (4) The State Treasurer shall report to the Legislative Assembly biennially on the amounts of deposits in foreign countries, and the operation and activities funded by such deposits. The report shall be submitted to the offices of the President of the Senate and the Speaker of the House of Representatives and shall be referred by each of them to appropriate standing committees other than committees concerned with budgets of the State Treasurer or the activity or operation so funded. [1983 c.374 §§1,2; 1989 c.399 §1]
     295.200
[Repealed by 1967 c.451 §32]
     295.205
Accounts in financial institutions outside Oregon; conditions; rules. (1)
Notwithstanding any other law:
     (a) The State Treasurer may establish demand deposit accounts in financial institutions outside this state for the purpose of accepting deposits of funds related to the state investments in the geographical areas respectively serviced by the institutions.
     (b) Moneys paid to or collected by a financial institution or other entity under an agreement to provide loan servicing for a state agency, political subdivision or public corporation may be deposited in accounts in financial institutions outside this state for the purpose of:
     (A) Accepting payments of loan principal and interest;
     (B) Accepting and holding escrow funds;
     (C) Accepting and holding funds required to be held in reserve with or on behalf of the state agency, political subdivision or public corporation; or
     (D) Collecting and holding any other moneys required by the agreement for loan servicing to be collected or held by the financial institution or other entity prior to remittance to the state agency, political subdivision or public corporation or a third party.
     (c) Moneys held by a trustee or escrow agent pursuant to a bond indenture, certificate of participation indenture or escrow agreement with a state agency, political subdivision or public corporation in this state that are public funds, as defined in ORS 295.005, may be deposited in accounts in financial institutions outside this state.
     (2) The State Treasurer shall establish the demand deposit accounts described in subsection (1)(a) of this section in accordance with rules adopted pursuant to ORS 183.310 to 183.410 that, to the extent practicable, provide that deposits of state investment funds are collateralized and managed in the manner otherwise required for deposits of public funds in the state under ORS 295.005 to 295.165.
     (3) When accounts are established for a state agency, political subdivision or public corporation under subsection (1)(b) or (c) of this section, the state agency, political subdivision or public corporation in the agreement to provide loan servicing or the bond indenture, certificate of participation indenture or escrow agreement shall require that:
     (a) All moneys deposited in the accounts, to the extent practicable, must be collateralized at the same level and managed in the same manner otherwise required for deposits of public funds in this state under ORS 295.005 to 295.165;
     (b) Compliance with the collateralization and management requirements of this subsection be monitored and evidence of compliance that is satisfactory to the state agency, political subdivision or public corporation be periodically supplied to the state agency, political subdivision or public corporation; and
     (c) Failure by a financial institution or other entity to maintain deposits collateralized and managed as required by this subsection shall constitute a breach of the applicable loan servicing agreement, bond indenture, certificate of participation indenture or escrow agreement. [1993 c.69 §1; 1995 c.259 §5; 1997 c.171 §15]
     295.210
[Repealed by 1967 c.451 §32]
     295.220
[Repealed by 1967 c.451 §32]
     295.230
[Repealed by 1967 c.451 §32]
     295.240
[Repealed by 1967 c.451 §32]
     295.410
[Repealed by 1967 c.451 §32]
     295.420
[Repealed by 1967 c.451 §32]
     295.430
[Repealed by 1967 c.451 §32]
     295.440
[Amended by 1957 c.171 §1; 1965 c.169 §2; repealed by 1967 c.451 §32]
     295.450
[Repealed by 1967 c.451 §32]
     295.460
[Repealed by 1967 c.451 §32]
     295.470
[Repealed by 1967 c.451 §32]
     295.480
[Repealed by 1967 c.451 §32]
     295.490 [Amended by 1963 c.502 §5; repealed by 1967 c.451 §32]
     295.500
[Repealed by 1967 c.451 §32]
     295.510
[Repealed by 1967 c.451 §32]
     295.520
[Repealed by 1967 c.451 §32]
     295.530
[Repealed by 1967 c.451 §32]
     295.990
[Repealed by 1967 c.451 §32]
     295.991 [1967 c.451 §18; repealed by 1971 c.743 §432]
_______________
CHAPTER 296
[Reserved for expansion]
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