2007 Oregon Code - Chapter 291 :: TITLE 28
TITLE 28
PUBLIC
FINANCIAL ADMINISTRATION
Chapter 291. State Financial Administration
292. Salaries and Expenses of State Officers and
Employees
293. Administration of Public Funds
294. County and Municipal Financial
Administration
295. Depositories of Public Funds and Securities
297. Audits of Public Funds and Financial
Records
_______________
Chapter 291
State Financial Administration
2007 EDITION
STATE FINANCIAL ADMINISTRATION
PUBLIC FINANCIAL ADMINISTRATION
GENERAL PROVISIONS
291.001 Use
of accounting terms; determination of appropriate methods of transfer;
establishment of funds and accounts
291.002 Definitions
291.003 Federal
laws and rules govern when federal granted funds involved
FISCAL DUTIES OF DEPARTMENT
291.011 Blanket
fidelity bonds for state officers and personnel
291.015 Fiscal
responsibilities of department; delegation of fiscal functions
291.016 Making
administrative and organizational surveys
291.018 Conducting
research; requiring administrative reports from agencies
291.026 Examining
agency records and financial affairs
291.028 Submitting
suggestions to Governor for improvement of state governmental administration
291.030 Agency
defined for ORS 291.032 and 291.034
291.032 Providing
technical services involving management and organization
291.034 Providing
technical services involving data processing
291.037 Legislative
findings on information resources
291.038 State
agency planning, acquisition, installation and use of information and
telecommunications technology; integrated videoconferencing; online access
service; Stakeholders Advisory Committee; rules
291.040 State
financial report
291.042 Use
of data processing programs, information and materials; approval by legislature
PUBLIC CONTRACT APPROVAL
291.045 Definitions
for ORS 291.045 and 291.047
291.047 Public
contract approval by Attorney General; exemptions
291.049 Ratification
of public contract when performance begun prior to contract approval;
conditions; effects; rules
AGENCY FEE RESTRICTIONS
291.050 Definitions
for ORS 291.050 to 291.060
291.055 Agency
fee approval required; exemptions; restoration of temporarily reduced fees
291.060 Report
of fees to Legislative Assembly
FINANCIAL MANAGEMENT DUTIES
291.100 Financial
management; duties of Oregon Department of Administrative Services; duties of
state agencies
291.110 Achieving
291.120 Distribution
of agency savings; agency use
STATE BUDGET; BUDGET AND TAX EXPENDITURE
REPORTS
291.190 Short
title
291.195 Policy
for financial expenditure planning
291.200 Budget
policy
291.201 Definition
of tax expenditure
291.202 Budget
and tax expenditure reports of Governor; department to assist in preparation
291.203 Tax
expenditure report by Governor
291.204 Prescribing
forms for submitting budget estimates and requests for appropriations;
furnishing budget forms to agencies
291.206 Guidance
of agencies in completing budget forms
291.208 Filing
budget forms with department; preparing requests for agencies failing to file
291.210 Preparing
tentative budget plan and tax expenditure report
291.212 Revising
budget plan; transmitting budget forms and tentative budget report to Governor
291.214 Governor
to examine budget forms and revise tentative budget or tax expenditure report
291.216 Governors
budget report; when due; content; alternative budget plan
291.218 Printing
budget and tax expenditure reports; transmitting to members of legislature;
distribution
291.220 Furnishing
information and assistance to legislature
291.222 Furnishing
information and assistance to Governor-elect; revision of budget and tax
expenditure reports
291.223 Furnishing
agency budget estimates to Legislative Fiscal Officer and Legislative Revenue
Officer; confidentiality of estimates
291.224 Capital
construction program to be included in budget report
291.226 Budget
item to replace lost and unrecovered public funds or property
291.228 Governors
report on budget amounts for education
ALLOTMENTS
291.232 Declaration
of policy
291.234 Department
to make allotments to state officers and agencies of appropriations and funds;
allotment period; exemptions
291.236 Application
of allotment system; controlling expenditures and encumbering of emergency,
contingent, revolving and trust funds
291.238 Expenditures
without allotment prohibited; expenditures from dedicated, revolving and trust
funds
291.242 Allotment
required before expenditure of appropriation; submitting estimates
291.244 Department
action on estimates
291.246 Allotments
to be made for purpose or classification of expenditure prescribed in
appropriation measure
291.248 Notice
of allotment
291.250 Claims
and encumbrances limited by amount and purpose of allotment
291.252 Modifying
allotment previously made
291.258 Approval
of department required for establishment of new personnel position or
classification
291.260 Approving,
modifying or disapproving requests and budgets to be submitted to the federal
government
291.261 Reducing
allotment to prevent deficit
291.263 Vacant
positions; information to Oregon Department of Administrative Services
ALLOCATION OF GOVERNMENTAL SERVICE EXPENSES
291.272 Definitions
for ORS 291.272 to 291.278
291.274 Determination
of funds and appropriations to be assessed
291.276 Department
allocation of governmental service expenses among state agencies
291.278 Transfer
of allocated amounts to General Fund
291.285 Payment
of accounting charges from Economic Development Fund
291.290 Cash
account of state agency for receipts from Economic Development Fund
ACTS APPROPRIATING MONEY OR LIMITING
EXPENDITURES
291.305 Meaning
of administrative expenses in law appropriating money or limiting
expenditures; limitation not appropriation of money otherwise unavailable to
agency
291.307 Appropriation
from General Fund to constitute a credit only
EMERGENCY EXPENDITURES; EMERGENCY BOARD
291.322 Definitions
for ORS 291.322 to 291.334
291.324 Emergency
Board created
291.326 Powers
of board concerning expenditures by state agencies
291.328 Board
may require presentation of evidence to support requests for action; board to
report its action to agencies concerned
291.330 Members
of board; confirmation
291.332 Meetings
of board; terms of members; filling vacancies on board
291.334 Board
authorized to secure assistance; payment of board expenses
291.336 Appropriation
bills requiring approval of board before project commenced or contract let; how
requirement met
ESTIMATES OF STATE REVENUES
291.342 Annual
estimation of state revenues; apportionment among counties of any state
property tax levy necessary to make up deficiency; quarterly estimates
291.348 Biennial
estimate of General Fund and State Lottery Fund revenues; certification to
Secretary of State
291.349 Revenue
estimate; disposition of revenue in excess of estimate
291.351 Certification
of refund costs
291.353 Surplus
Kicker Cost Account
RATE OF GROWTH OF APPROPRIATIONS
291.357 Limitation
on rate of growth of appropriations for general governmental purposes;
exceeding limitation
LEGISLATIVE REVIEW
291.371 Salary
plan review by legislative review agency; approval for position reallocation;
Human Services and Corrections Departments to submit special reports; transfer
of vacant position authority
291.373 Agency
report to legislative committees of substantive program changes; rules
291.375 Legislative
review of applications for federal financial assistance; submission, approval
required; exemptions
291.385 Use
of certain federal moneys for employment; legislative approval
MASS TRANSIT ASSESSMENT
291.405 Assessment
of state agencies for mass transit purposes; rates
291.407 Mass
Transit Assistance Account; source; distribution; assistance of Department of
Transportation; exemption from parking code requirements
PROCEDURE FOR DETERMINING WHETHER STATE PROPERTY TAX LEVY NECESSARY
291.445 Certificate
of state agency that issues general obligation bonds; certificate of state tax
levy if required; effect of reduction in General Fund appropriations on debt
service appropriations
PENALTIES
291.990 Penalties
GENERAL PROVISIONS
291.001
Use of accounting terms; determination of appropriate methods of transfer;
establishment of funds and accounts. (1) As used in the statute laws of this state, unless the context or
specially applicable definition requires otherwise, the words subaccounts, accounts
or funds are used interchangeably, where such use is consistent with state
accounting principles and is accepted for use by the State Treasurer.
(2) Unless the context or a specific
provision of law provides otherwise, when a law of this state requires that a
payment or transfer of moneys be made by warrant, check or electronic funds
transfer the payment or transfer may be made by warrant, check, electronic
funds transfer or an accounting entry in the appropriate records of any
affected state agency. The Oregon Department of Administrative Services shall
determine which method of payment or transfer is most appropriate, taking into
consideration the established state banking, funds transfer and accounting
practices at the time of the payment or transfer.
(3) The State Treasurer, in consultation
with the Oregon Department of Administrative Services, may establish or
designate, whenever necessary or convenient to the carrying out or
administration of the accounting, budget preparation, cash management,
financial management, financial reporting or similar laws of this state,
subaccounts, accounts and funds in addition to or within the subaccounts,
accounts and funds created by the Oregon Constitution and statutes.
Subaccounts, accounts and funds established or designated under this subsection
shall be administered as prescribed by written directive or policy issued or
approved by the State Treasurer. The authority granted by this subsection is in
addition to, and not in limitation of, the authority granted by ORS 293.445 and
293.447. [1993 c.73 §5; 1997 c.122 §4; 2003 c.17 §1]
291.002
Definitions. As used in ORS
291.001 to 291.034, 291.201 to 291.222, 291.232 to 291.260, 291.261, 291.307
and 291.990, unless the context requires otherwise:
(1) Classification of expenditures means
the major groups or categories of expenditures for the purpose of budget-making
and accounting that are established as provided in ORS 291.206.
(2) Dedicated fund means a fund in the
State Treasury, or a separate account or fund in the General Fund in the State
Treasury, that by law is dedicated, appropriated or set aside for a limited
object or purpose, but dedicated fund does not include a revolving fund or a
trust fund.
(3) Department means the Oregon
Department of Administrative Services.
(4) Director means the Director of the
Oregon Department of Administrative Services.
(5) Legislatively adopted budget means
the budget enacted by the Legislative Assembly during a regular session.
(6) Legislatively approved budget means
the legislatively adopted budget as modified by the Emergency Board or by the
Legislative Assembly meeting in special session.
(7) Revolving fund means a fund in the
State Treasury, established by law, from which is paid the cost of goods or
services furnished to or by a state agency, and which is replenished through
charges made for such goods or services or through transfers from other
accounts or funds; and specifically includes funds derived from receipts by the
State Board of Higher Education of tuition, fees, dormitory earnings, student
activity receipts and sales of products and services incident to education
functions.
(8) State agency or agency means every
state officer, board, commission, department, institution, branch or agency of
the state government, whose costs are paid wholly or in part from funds held in
the State Treasury, except:
(a) The Legislative Assembly, the courts
and their officers and committees;
(b) The Public Defense Services
Commission; and
(c) The Secretary of State and the State
Treasurer in the performance of the duties of their constitutional offices.
(9) State officer means any elected or
appointed state officer, including members of boards and commissions, except
the members and officers of the Legislative Assembly, the courts, the Secretary
of State and the State Treasurer in the performance of the duties of their
constitutional offices and the members of the Public Defense Services Commission.
(10) Trust fund means a fund in the
State Treasury in which designated persons or classes of persons have a vested
beneficial interest or equitable ownership, or which was created or established
by a gift, grant, contribution, devise or bequest that limits the use of the
fund to designated objects or purposes. [Amended by 1967 c.419 §2; 2003 c.449 §21;
2003 c.734 §13; 2005 c.837 §8; 2007 c.217 §10]
291.003
Federal laws and rules govern when federal granted funds involved. In all cases where federal granted funds are
involved, the federal laws, rules and regulations applicable thereto shall
govern notwithstanding any provision to the contrary in ORS 291.001 to 291.034,
291.201 to 291.222, 291.232 to 291.260, 291.261, 291.307 and 291.990. [Amended
by 1967 c.419 §3; 2003 c.734 §14]
291.004 [Repealed by 1967 c.419 §68]
291.005 [1967 c.419 §5; 1969 c.80 §3; renumbered
184.325]
291.006 [Repealed by 1967 c.419 §68]
291.007 [1967 c.419 §6; 1969 c.80 §2; renumbered
184.315]
291.008 [Repealed by 1967 c.419 §68]
291.009 [1967 c.419 §7; 1969 c.80 §4; renumbered
184.335]
291.010 [Amended by 1961 c.448 §18; repealed by 1967
c.419 §68]
FISCAL DUTIES
OF DEPARTMENT
291.011
Blanket fidelity bonds for state officers and personnel. (1) The Director of the Oregon Department of
Administrative Services may require a fidelity bond of any officer, employee or
agent of the department or of any other state officer, employee or agent who
has charge of, handles or has access to any money or property belonging to the
state or in which the state may have an interest and who is not otherwise
required by law to give a fidelity bond. The amounts of the bonds shall be
fixed by the director, except as otherwise provided by law, and the sureties
shall be approved by the director. The premium on the bond of any officer,
employee or agent shall be paid by the state agency that employs the officer,
employee or agent.
(2) The Oregon Department of
Administrative Services may procure or provide and may administer a blanket
bond covering any or all officers and employees of the state. The bond shall
contain such coverages and shall be in such amounts as the Oregon Department of
Administrative Services deems adequate to protect the interest of the state.
Procurement of the bond to cover any officer or employee of the state shall
constitute compliance with any statute requiring that officer or employee to be
bonded up to the monetary limit of the blanket bond which the Oregon Department
of Administrative Services purchases or provides. The coverage and insuring
amount applicable in such bond to any officer or employee of the state shall be
at least equal to that required by statute. The cost of the premium on the bond
shall be charged to the various state agencies employing the state officers and
employees covered by the bond.
(3) The provisions of this section are
considered to satisfy any provision of law requiring individual fidelity bonds
for elected officers if the level of coverage of the blanket fidelity bond is
at least equal to the individual statutory requirements.
(4) As used in this section:
(a) Officers and employees of the state
includes all elected and appointed officers and employees of the State of
Oregon and all persons appointed by a state agency on a temporary or
intermittent basis to act for the state in particular matters where such
persons have charge of, handle or have access to any money or property
belonging to the state or in which the state may have an interest.
(b) State agency means every state
officer, board, commission, department, institution, branch or agency of the
state government and includes the Legislative Assembly and any of its statutory
standing, special or interim committees, the courts and their officers and
committees, all constitutional state officers and the Public Defense Services
Commission. [1967 c.419 §8; 1969 c.80 §5; 1971 c.54 §1; 1975 c.194 §1; 1981
c.129 §1; 1991 c.219 §1; 2003 c.449 §37]
291.012 [Amended by 1955 c.58 §1; repealed by 1967
c.419 §68]
291.013 [1967 c.419 §9; renumbered 184.340]
291.014 [Repealed by 1967 c.419 §68]
291.015
Fiscal responsibilities of department; delegation of fiscal functions. (1) The Oregon Department of Administrative
Services, under the direction of the Governor and as provided by law, is responsible
generally for the administration and coordination of internal accounting and
other affairs, controls, procedures and services of a fiscal nature of the
state government and agencies thereof.
(2) Except as otherwise provided by law,
the department may authorize subject to its control the decentralized
performance by state agencies of fiscal functions of the department. [1967
c.419 §10]
291.016
Making administrative and organizational surveys. The Oregon Department of Administrative
Services may make or cause to be made administrative and organizational surveys
of the state agencies for the purpose of determining the feasibility of
improving the administration of the state government by the elimination of
unnecessary positions and activities, the improvement of internal operating
forms, the avoidance of duplication, and increasing efficiency and economical
operation.
291.018
Conducting research; requiring administrative reports from agencies. The Oregon Department of Administrative
Services shall conduct research for use in administrative planning, policy
review and organization and methods improvement. Periodic administrative
reports to the department and the Governor, designed to outline factually the
quantitative and qualitative aspects of work performance by operating units,
may be required of state agencies. The department may require submission of
such information in reports as will permit sound analysis and will provide the
basis for detecting administrative weaknesses, correcting performance
difficulties and permitting better planning and management of state services.
291.020 [Renumbered 291.028]
291.021 [1973 c.84 §2; 1981 c.766 §2; 1987 c.538 §2;
repealed by 1997 c.802 §22]
291.022 [Formerly 291.558; repealed by 1967 c.454 §119]
291.024 [Formerly 291.560; repealed by 1967 c.454 §119]
291.026
Examining agency records and financial affairs. For the purposes of carrying out its duties,
powers and functions, the Oregon Department of Administrative Services may
examine the records, files, documents, accounts and financial affairs of any
state agency, and shall have the right of access for that purpose. During
business hours the department may examine the accounts of any state agency in
any depository which has state funds in its custody. [Formerly 291.562]
291.028
Submitting suggestions to Governor for improvement of state governmental
administration. The Oregon
Department of Administrative Services, upon the basis of its research and
reports received, shall submit, from time to time, for the Governors
consideration and appropriate action thereupon, suggestions for the development
of interagency policies consistent with the executive policies of the Governor
and for the improvement of operating methods and procedures and better personnel
utilization and for the improvement of work performance and reduction of costs
in state government activities. [Formerly 291.020]
291.030
Agency defined for ORS 291.032 and 291.034. As used in ORS 291.032 and 291.034, state agency or agency includes
the Legislative Assembly, at its option, or any of its statutory, standing,
special or interim committees, at the option of such committee, the courts and
their officers and committees and the constitutional state officers, at their
option, and the Public Defense Services Commission, at the option of the
commission. [1965 c.365 §1; 2003 c.449 §38]
291.032
Providing technical services involving management and organization. The Oregon Department of Administrative
Services may provide technical services to state agencies for management
improvement development and the development of economies in the organization
and administration of state agencies. The technical services may include
consulting studies in work simplification, work measurement, equipment
utilization and other management improvement concepts. The cost of the
technical services, or portions thereof, as determined by the department, shall
be charged to the agency served and paid to the department in the same manner
as other claims against the agency are paid. [1965 c.365 §3]
291.034
Providing technical services involving data processing. The Oregon Department of Administrative
Services may provide technical services to state agencies for data processing
systems development and the development of data processing methods and
applications. The technical services may include consulting and programming
services and assistance in locating electronic data processing installations.
The cost of the technical services, or portions thereof, as determined by the
department, shall be charged to the agency served and paid to the department in
the same manner as other claims against the agency are paid. [1965 c.365 §4]
291.036 [1967 c.419 §37; 1969 c.80 §6; 1973 c.159 §1;
repealed by 1993 c.500 §2a]
291.037
Legislative findings on information resources. The Legislative Assembly finds and declares
that:
(1) Information is a strategic asset of
the state which must be managed as a valuable state resource.
(2) The expanding need, use and importance
of information resources in this state require strong and effective management
by both individual agencies and the state as a whole.
(3) The state must establish management
procedures to assure a framework for the review, improvement, integration,
development, security and use of information resources. Principal objectives
for information resources management are improved productivity of state
workers, better public access to public information, increased effectiveness in
the delivery of services provided by the various agencies and enhancing
development of the telecommunication infrastructure available to the public.
(4) Effective information resources
management requires:
(a) A specific statewide strategic plan,
including management and technical policy;
(b) Comprehensive planning of the design,
acquisition, security and use of information resources;
(c) The operation of communications
systems and information resources that respond to the management information
needs of agencies and programs; and
(d) Consideration of the impact of
information resources management activities on the development and vitality of
telecommunications infrastructure available to the public.
(5) Although each agency is responsible
for its information resources, centralized information resource management must
also exist to:
(a) Provide statewide rules and standards;
(b) Monitor and insure compliance with
those rules and standards;
(c) Provide management and technical
assistance; and
(d) Insure that the information resources
management needs of state government and its programs are addressed along with
the needs of the individual agencies. [1991 c.531 §1]
Note: 291.037 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 291 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
291.038
State agency planning, acquisition, installation and use of information and
telecommunications technology; integrated videoconferencing; online access
service; Stakeholders Advisory Committee; rules. (1) The planning, acquisition, installation
and use of all information and telecommunications technology by state
government and its agencies shall be coordinated so that statewide plans and
activities, as well as those of individual agencies, are addressed in the most
integrated, economic and efficient manner. To provide policy direction for and
coordination of information technology for state government, the Director of
the Oregon Department of Administrative Services shall chair and appoint not
fewer than five agency executives to an Information Resources Management
Council. The council membership shall include at least two members representing
the private sector and political subdivisions of the state.
(2) To facilitate accomplishment of the
purpose set forth in subsection (1) of this section, the Oregon Department of
Administrative Services shall adopt by rule policies, procedures, standards and
guidelines to plan for, acquire, implement and manage the states information
resources. In developing rules, the department shall consult with state
agencies having needs that may be satisfied by use of information resources.
State agencies shall cooperate with the department in preparing and complying
with rules. The rules must be formulated to promote electronic communication
and information sharing among state agencies and programs and between state and
local governments, and with the public where appropriate.
(3) Rules, plans and specifications shall
be formulated to ensure that information resources fit together in a statewide
system capable of providing ready access to information, computing or
telecommunication resources. Rules, plans and specifications shall be based on
industry standards for open systems to the greatest extent possible. Prior to
adoption of rules referred to in subsection (2) of this section, the Oregon
Department of Administrative Services shall present the proposed rules to the
appropriate legislative committee. The Oregon Department of Administrative
Services shall have the review and oversight responsibility for insuring that
agencies planning, acquisition and implementation activities support the
statewide information resources management plan. The department shall be
responsible for the fair and competitive procurement of information technology
consistent with the rules of the department.
(4)(a) It is the policy of the State of
(b) The Oregon Department of
Administrative Services shall, when procuring telecommunications network
services, consider the achievement of the economic development and quality of
life outcomes contained in the
(5)(a) The Oregon Department of
Administrative Services, upon request, may furnish and deliver statewide
integrated videoconferencing and statewide online access service to any public
or private entity that primarily conducts its activities for the direct good or
benefit of the public or community-at-large in providing educational, economic
development, health care, human services, public safety, library or other public
services. The department shall adopt rules with respect to furnishing the
service.
(b) The department shall establish the
statewide integrated videoconferencing and statewide online access user fees,
services, delivery, rates and long range plans in consultation with the
Stakeholders Advisory Committee created pursuant to this section. The rates
shall reflect the departments cost in providing the service.
(c) The department by rule shall restrict
its furnishing or delivery of Internet access service to private entities when
the service would directly compete with two or more local established providers
of such services within the local exchange telecommunications service area.
(d) The rates and services established and
provided under this section shall not be subject to the regulation or authority
of the Public Utility Commission.
(6)(a) There is created the Stakeholders
Advisory Committee, consisting of a minimum of nine members appointed by the
Director of the Oregon Department of Administrative Services. In making
appointments, the director shall give consideration to geographic balance and
adequate representation of the departments users and providers and the general
public.
(b) The Stakeholders Advisory Committee
shall consist of members who represent elementary or secondary education,
higher education, community colleges, economic development, health care, human
services and public safety. At least four members shall reside in areas east of
the
(c) The term of office of each member is
three years, but a member serves at the sole discretion of the director. The
director shall appoint a successor to a member before the expiration of the
term of the member. A member is eligible for reappointment. If a position on
the Stakeholders Advisory Committee is vacant for any cause, the director shall
make an appointment to the position, immediately effective for the unexpired
term.
(d) A member of the Stakeholders Advisory
Committee is entitled to travel expenses pursuant to ORS 292.495. Members of
the Stakeholders Advisory Committee are not entitled to compensation.
(e) The director may establish additional
advisory and technical committees as the director considers necessary to aid
and advise the Stakeholders Advisory Committee in the performance of its
functions.
(f) The director may delegate to the State
Chief Information Officer any of the duties, functions or powers imposed upon
the director by this subsection.
(7) Any organization or organizations
recognized as tax exempt under section 501(c)(3) of the Internal Revenue Code
of 1986 that primarily conduct activities for the direct good or benefit of the
public or community at large in providing educational, economic development,
health care, human services, public safety, library or other public services
and have formed an affiliation with one or more federal, state or local
governmental units within this state may make application to the department for
designation as a community of interest. The application shall be in such form
and shall contain such information regarding the governmental affiliation
relationship, the tax exempt status of each organization and the public benefit
services to be provided as the department may prescribe. The department shall
establish an application review and appeal process to ensure that designation
of those organizations as a community of interest for the purposes of including
the organization in telecommunications contracts under ORS 283.520 will result
in providing educational, medical, library or other services for public
benefit.
(8) This section does not apply to the
State Board of Higher Education or any state institution of higher education
within the Oregon University System.
(9) As used in this section:
(a) Advanced digital communications
means equipment, facilities and capability to distribute digital communications
signals for the transmission of voice, data, image and video over distance.
(b) Information resources means media,
instruments and methods for planning, collecting, processing, transmitting and
storing data and information, including telecommunications.
(c) Information resources management
means the states program for managing data and information in its various
forms in furtherance of program and agency objectives, and in such a way that
agency employees are able to obtain and use information easily, efficiently,
effectively and economically.
(d) Information technology includes, but
is not limited to, all present and future forms of hardware, software and
services for data processing, office automation and telecommunications.
(e) Data and information represent
facts and representations about the states human, natural and commercial
resources.
(f) Internet access service means
electronic connectivity to the Internet and its services.
(g) Open systems means systems that
allow state agencies freedom of choice by providing a vendor-neutral operating
environment where different computers, applications, system software and
networks operate together easily and reliably.
(h) State-of-the-art services includes
advanced digital communications.
(i) Telecommunications means the
hardware, software and services for transmitting voice, data, video and images
over a distance.
(j) Statewide integrated video-conferencing
means a statewide electronic system capable of transmitting video, voice and
data communications.
(k) Statewide online access means
electronic connectivity to information resources such as computer conferencing,
electronic mail, databases and Internet access. [1967 c.419 §11; 1985 c.594 §1;
1991 c.531 §2; 1993 c.724 §§14,14a; 1995 c.612 §19; 1997 c.484 §2; 1997 c.684 §2;
2003 c.674 §27]
291.040
State financial report. (1)
Within 180 days of the close of each fiscal year, the Oregon Department of Administrative
Services shall prepare a financial report for the State of
(2) As used in subsection (1) of this
section, generally accepted accounting principles means those accounting
principles sanctioned by recognized authoritative bodies such as the
Governmental Accounting Standards Board, the American Institute of Certified
Public Accountants or their successors. [1977 c.897 §1; 1989 c.152 §1; 1991
c.220 §6]
Note: 291.040 and 291.042 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
291 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
291.042
Use of data processing programs, information and materials; approval by
legislature. (1) Subject to
the approval of the Joint Legislative Committee on Information Management and
Technology, the Oregon Department of Administrative Services:
(a) May obtain copyrights and patents on
copyrightable or patentable data processing programs, information or materials
developed, published or produced by state agency staff.
(b) May cause to have sold, leased, or
otherwise made available such data processing programs, information or
materials to any agency or legislative body of any state or the federal
government under such terms and conditions as may be agreed to by the committee
and the agencies.
(2) Moneys collected under this section
shall be credited to the General Fund and, less agency expenses accrued in
developing, producing and distributing software and in training software users,
shall be available for general governmental purposes. However, if resources
expended for such development, production, distribution and training activities
were from fees or assessments charged and collected by the agency, the net
proceeds of moneys collected under this section shall be credited to the same
accounts to which the fees or assessments are credited and shall be used to
reduce the fees or assessments charged by the agency to the extent permitted by
law. [1979 c.740 §3; 1993 c.18 §56; 1995 c.452 §22]
Note: See note under 291.040.
PUBLIC
CONTRACT APPROVAL
291.045
Definitions for ORS 291.045 and 291.047. As used in this section and ORS 291.047:
(1) Information technology includes, but
is not limited to, all present and future forms of hardware, software and
services for data processing, office automation and telecommunications.
(2) State agency includes every state
officer, board, commission, department, institution, branch or agency of the
state government, whose costs are paid wholly or in part from funds held in the
State Treasury, except:
(a) The Legislative Assembly, the courts
and their officers and committees; and
(b) The Public Defense Services
Commission.
(3) Public contract means any
acquisition, disposition, purchase, lease, sale or transfer of rights by a
state agency of real or personal property, public improvements or services.
(4) Public improvement means projects
for construction, reconstruction or renovation on real property by or for a
state agency. [1997 c.869 §4; 2003 c.449 §22]
291.047
Public contract approval by Attorney General; exemptions. (1) The Attorney General shall approve for
legal sufficiency all personal services contracts, all architectural and
engineering services contracts and all information technology contracts calling
for payment in excess of $75,000 entered into by a state agency before any such
contract becomes binding on the State of Oregon and before any service may be
performed or payment may be made under the contract.
(2) The Attorney General shall approve for
legal sufficiency all public contracts not subject to subsection (1) of this
section that are entered into by a state agency and that provide for payment in
excess of $100,000 before any such contract becomes binding on the State of
Oregon and before any service may be performed or payment may be made under the
contract.
(3) The Attorney General shall impose by
rule requirements necessary to carry out the provisions of this section. Such
rules shall include, but are not limited to, a requirement that state agencies
submit to the Attorney General procurement and other contract documents for
review of the anticipated contract before a procurement of goods or services is
publicly advertised if the anticipated contract is reasonably expected to
require review for legal sufficiency. A state agency may request that the
Attorney General assist the agency in developing requests for proposals,
invitations to bid and requests for qualifications or information that are
suitable to the needs of the agency.
(4) The Attorney General may exempt by
rule classes of contracts from the requirements of this section if the Attorney
General determines that the degree of risk assumed by state agencies under such
contracts is not materially reduced by legal review of individual contracts
within the class.
(5) The Attorney General may, by rule, set
forth a process to exempt contracts or classes of contracts from the
requirements of this section when:
(a) The contract is substantially composed
of forms, terms or conditions that have been preapproved by the Attorney
General; or
(b) Circumstances exist that create a
substantial risk of loss, damage, interruption of services or threat to public
health or safety and that require prompt execution of a contract to deal with
the risk.
(6) Notwithstanding subsections (1) and
(2) of this section, the Attorney General may authorize services to be
performed under a contract described in subsection (1) or (2) of this section
before approval for legal sufficiency if the Attorney General determines that
the authorization will not result in undue risk to this state. An authorization
under this subsection shall be limited to specific classes of contracts or to
contracts for specific agency programs. The Attorney General may condition an
authorization on a finding by the Director of the Oregon Department of
Administrative Services, or a designee of the director, and by any other agency
with a role in approving such contracts that the contract administration
practices of the requesting agency are adequate to manage the proposed contract
and that the mission of the agency will be significantly impaired without such
authorization. [1997 c.869 §2; 1999 c.264 §1]
291.049
Ratification of public contract when performance begun prior to contract
approval; conditions; effects; rules. (1) If the parties to a public contract perform under the contract
before the contract is approved for legal sufficiency by the Attorney General
as required under ORS 291.047 and section 3, chapter 869, Oregon Laws 1997, the
agency may ratify the public contract if the Attorney General determines that
the contract is legally sufficient prior to ratification. As a condition for
approval, the Attorney General may require that the contract be amended as
necessary to make the contract legally sufficient.
(2) Upon approval of the public contract
for legal sufficiency and ratification of the public contract by a state agency
under this section, the public contract is effective and the state agency may
make payments on the ratified public contract even if the payments are for services
rendered prior to ratification.
(3) The Attorney General may adopt rules
to implement this section. [1999 c.264 §2]
Note: 291.049 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 291 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
AGENCY FEE
RESTRICTIONS
291.050
Definitions for ORS 291.050 to 291.060. As used in ORS 291.050 to 291.060:
(1) Fee means an amount imposed and
collected by a state agency to defray or recover the costs of administering the
law involved in providing a service to the public and used by the state agency
to carry out or enforce a law under its jurisdiction. Fee does not include:
(a) Fines, civil penalties or court
judgments.
(b) Proceeds from the sale of products or
charges for rents, leases or other real estate transactions.
(c) Interest and other charges for bonding
and loan transactions.
(d) Charges levied by one state agency on
another state agency.
(e) Copying charges for public records as
defined in ORS 192.410.
(f) Charges for attendance at
informational seminars.
(2) Products means goods and
publications purchased voluntarily that have a commercial value. Products
does not include licenses or permits issued by state agencies.
(3) State agency means every state
officer, board, commission, department, institution, branch or agency of the
state government that is subject to the provisions of ORS 291.201 to 291.222
and 291.232 to 291.260. State agency includes the Legislative Assembly,
including legislative committees and service agencies, the Secretary of State,
the State Treasurer and the Judicial Department. State agency does not
include a commodity commission established under ORS 576.051 to 576.455 or the
Oregon Beef Council created under ORS 577.210. [1995 c.576 §1; 2003 c.604 §99;
2007 c.827 §1]
Note: 291.050 to 291.060 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
291 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
291.055
Agency fee approval required; exemptions; restoration of temporarily reduced
fees. (1) Notwithstanding
any other law that grants to a state agency the authority to establish fees,
all new state agency fees or fee increases adopted after July 1 of any
odd-numbered year:
(a) Are not effective for agencies in the
executive department of government unless approved in writing by the Director
of the Oregon Department of Administrative Services;
(b) Are not effective for agencies in the
judicial department of government unless approved in writing by the Chief
Justice of the Supreme Court;
(c) Are not effective for agencies in the
legislative department of government unless approved in writing by the
President of the Senate and the Speaker of the House of Representatives;
(d) Shall be reported by the state agency
to the Oregon Department of Administrative Services within 10 days of their
adoption; and
(e) Are rescinded on July 1 of the next
following odd-numbered year, or on adjournment sine die of the regular session
of the Legislative Assembly meeting in that year, whichever is later, unless
otherwise authorized by enabling legislation setting forth the approved fees.
(2) This section does not apply to:
(a) Any tuition or fees charged by the
State Board of Higher Education and state institutions of higher education.
(b) Taxes or other payments made or
collected from employers for unemployment insurance required by ORS chapter 657
or premium assessments required by ORS 656.612 and 656.614 or contributions and
assessments calculated by cents per hour for workers compensation coverage
required by ORS 656.506.
(c) Fees or payments required for:
(A) Health care services provided by the
Oregon Health and Science University, by the Oregon Veterans Homes and by
other state agencies and institutions pursuant to ORS 179.610 to 179.770.
(B) Assessments and premiums paid to the
Oregon Medical Insurance Pool established by ORS 735.614 and 735.625.
(C) Copayments and premiums paid to the
(d) Fees created or authorized by statute
that have no established rate or amount but are calculated for each separate
instance for each fee payer and are based on actual cost of services provided.
(e) State agency charges on employees for
benefits and services.
(f) Any intergovernmental charges.
(g) Forest protection district assessment
rates established by ORS 477.210 to 477.265 and the Oregon Forest Land
Protection Fund fees established by ORS 477.760.
(h) State Department of Energy assessments
required by ORS 469.421 (8) and 469.681.
(i) Any charges established by the State
Parks and Recreation Director in accordance with ORS 565.080 (3).
(j) Assessments on premiums charged by the
Insurance Division of the Department of Consumer and Business Services pursuant
to ORS 731.804 or fees charged by the Division of Finance and Corporate
Securities of the Department of Consumer and Business Services to banks, trusts
and credit unions pursuant to ORS 706.530 and 723.114.
(k) Public Utility Commission operating
assessments required by ORS 756.310 or charges paid to the Residential Service
Protection Fund required by chapter 290, Oregon Laws 1987.
(L) Fees charged by the Housing and
Community Services Department for intellectual property pursuant to ORS
456.562.
(m) New or increased fees that are
anticipated in the legislative budgeting process for an agency, revenues from
which are included, explicitly or implicitly, in the legislatively adopted
budget for the agency.
(n) Tolls approved by the Oregon
Transportation Commission pursuant to ORS 383.004.
(3)(a) Fees temporarily decreased for
competitive or promotional reasons or because of unexpected and temporary
revenue surpluses may be increased to not more than their prior level without
compliance with subsection (1) of this section if, at the time the fee is
decreased, the state agency specifies the following:
(A) The reason for the fee decrease; and
(B) The conditions under which the fee
will be increased to not more than its prior level.
(b) Fees that are decreased for reasons
other than those described in paragraph (a) of this subsection may not be
subsequently increased except as allowed by ORS 291.050 to 291.060 and 294.160.
[1995 c.576 §2; 1997 c.37 §1; 1997 c.684 §3; 2003 c.605 §3; 2005 c.727 §§14,15;
2005 c.744 §§24d,24e; 2005 c.777 §16; 2007 c.531 §§14,15; 2007 c.827 §§2,3]
Note: Section 4, chapter 827, Oregon Laws 2007,
provides:
Sec.
4. (1) ORS 291.055 (2)(m)
first applies to agency fees adopted on or after July 1, 2007, that are adopted
in conformance with legislative discussions of the budget adopted for the
agency for the biennium beginning July 1, 2007.
(2) The amendments to ORS 291.055 (3)(a)
by sections 2 and 3 of this 2007 Act apply to agency fees increased in
accordance with ORS 291.055 (3)(a) on or after July 1, 2007. [2007 c.827 §4]
Note: See note under 291.050.
291.060
Report of fees to Legislative Assembly. The Oregon Department of Administrative Services shall, no later than
January 15 of each odd-numbered year, provide the Legislative Assembly with a
report setting forth in detail all fees charged by each state agency, the
purpose for the fee or charge, the persons affected by the fee or charge, the
statutory authority for the fee or charge, the amounts collected in the past
biennium, the amounts expected to be paid during the present biennium and
estimated for the next biennium in the Governors recommended budget, and any
changes in the fee or charge authorized during the present biennium or proposed
for the next biennium in the Governors recommended budget. The department
shall report to the Emergency Board and the appropriate interim committee when
requested to provide information concerning the development of the report. [1995
c.576 §3]
Note: See note under 291.050.
FINANCIAL
MANAGEMENT DUTIES
291.100
Financial management; duties of
(2) The Oregon Department of
Administrative Services shall devise and supervise statewide financial
management systems for all state agencies by preparing policies and procedures
for implementing and operating financial management systems for all agencies in
state government and measuring implementation. In order to assure that the
states investment in a modern and complete statewide financial management
system is fully implemented, every agency and unit of state government shall:
(a) Cooperate and comply fully with
policies and procedures and deadlines prepared by the Oregon Department of
Administrative Services for establishing a database for the financial
management system.
(b) Comply fully with policies and
procedures prepared by the Oregon Department of Administrative Services for
operation of the financial management system.
(3) The Oregon Department of
Administrative Services shall report to the Legislative Assembly no later than
December 1 of even-numbered years:
(a) Progress in implementing the financial
management system as to preparation of financial statements, nonfinancial
management information and the ability of the system to support legislative
program evaluation and performance auditing.
(b) Compliance by each agency and unit of
state government with policies and procedures of the Oregon Department of
Administrative Services for implementation of the financial management system.
(4) After a review of the Oregon
Department of Administrative Services report by the Legislative Fiscal Officer,
the Joint Legislative Audit Committee may schedule a hearing for any agency or
unit of state government to review compliance with this section and policies
and procedures of the Oregon Department of Administrative Services, prior to
any appropriation approval by the Legislative Assembly, as provided in ORS 171.585
(1). [1993 c.724 §22; 1995 c.452 §23]
Note: 291.100 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 291 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
291.110
Achieving
(a) Monitor progress, identify barriers
and generate alternative approaches for attaining the benchmarks.
(b) Ensure the development of a statewide
system of performance measures designed to increase the efficiency and
effectiveness of state programs and services.
(c) Provide agencies with direction on the
appropriate format for reporting performance measures to ensure consistency
across agencies.
(d) Consult with the Legislative Assembly
to assist in devising a system of performance measures.
(e) Facilitate the development of
performance measures in those instances where benchmarks involve more than one
state agency.
(f) Prior to budget development, consult
with the legislative review agency, as defined in ORS 291.371, or other
appropriate legislative committee, as determined by the President of the Senate
and the Speaker of the House of Representatives, prior to the formal adoption
of a performance measurement system.
(g) No later than October 1 of each year,
submit a report to the Legislative Fiscal Officer on the progress state
agencies have made in meeting performance measures.
(2) State agencies shall develop
measurable performance measures consistent with and aimed at achieving
(a) Identify the mission, goals and
objectives of the agency and any applicable benchmarks to which the goals are
directed.
(b) Develop written defined performance
measures that quantify desired organization intermediate outcomes, outputs,
responsibilities, results, products and services, and, where possible, develop
unit cost measures for evaluating the program efficiency.
(c) Involve agency managers, supervisors
and employees in the development of statements of mission, goals, objectives
and performance measures as provided in paragraphs (a) and (b) of this
subsection and establish teams composed of agency managers, supervisors and
employees to implement agency goals, objectives and performance measures. Where
bargaining unit employees are affected, they shall have the right to select
those employees of the agency, through their labor organization, to serve on
any joint committees established to develop performance measures.
(d) Use performance measures to work
toward achievement of identified missions, goals, objectives and any applicable
benchmarks.
(e) Review agency performance measures
with the appropriate legislative committee, as determined by the President of
the Senate and the Speaker of the House of Representatives, during the regular
legislative session. [1993 c.724 §7; 2001 c.582 §9; 2005 c.837 §18]
291.120
Distribution of agency savings; agency use. (1) Pursuant to ORS 291.252, if the Oregon Department of
Administrative Services certifies agency savings due to agency actions rather
than changes in service demands and such actions do not materially reduce
legislatively authorized programs, 50 percent of the savings shall be credited
to the General Fund or, if the agencys funds originated as dedicated funds or
federal funds, to the fund or account of the agency to be used for purposes of
the fund or account.
(2) The remaining 50 percent shall be
continuously appropriated to the agency for enhancing professional development,
including employee training projects related to productivity, technology enhancement
and related expenditures that have a long term benefit. A productivity
improvement project may be for research and development intended to lead to
improved productivity. [1993 c.724 §2]
STATE BUDGET;
BUDGET AND TAX EXPENDITURE REPORTS
291.190
Short title. ORS 291.195,
291.201 and 291.203 may be cited as the Budget Accountability Act. [1995 c.746 §61]
Note: 291.190 and 291.195 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
291 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
291.195
Policy for financial expenditure planning. (1) The Legislative Assembly hereby declares that the ability to make
fiscally sound and effective spending decisions has been enhanced by requiring
agencies and programs to develop performance measures and to evaluate all
General Fund, State Lottery Fund and other expenditures in accordance with
these performance measures. Fiscal pressure on this state requires even greater
accountability and necessitates a review of the fairness and efficiency of all
tax deductions, tax exclusions, tax subtractions, tax exemptions, tax
deferrals, preferential tax rates and tax credits. These types of tax
expenditures are similar to direct government expenditures because they provide
special benefits to favored individuals or businesses, and thus result in
higher tax rates for all individuals.
(2) The Legislative Assembly further finds
that 76 percent of property in this state is exempt from property taxation and
that income tax expenditures total billions of dollars per biennium. An
accurate and accountable state budget should reflect the true costs of tax
expenditures and should fund only those tax expenditures that are effective and
efficient uses of limited tax dollars.
(3) The Legislative Assembly declares that
it is in the best interest of this state to have prepared a biennial report of
tax expenditures that will allow the public and policy makers to identify and
analyze tax expenditures and to periodically make criteria-based decisions on
whether the expenditures should be continued. The tax expenditure report will
allow tax expenditures to be debated in conjunction with online budgets and
will result in the elimination of inefficient and inappropriate tax
expenditures, resulting in greater accountability by state government and a
lowering of the tax burden on all taxpayers. [1995 c.746 §62]
Note: See note under 291.190.
291.200
Budget policy. (1) It is the
intent of the Legislative Assembly to require the Governor, in the preparation
of the biennial budget, to state as precisely as possible what programs the
Governor recommends be approved for funding under estimated revenues under ORS
291.342. If estimated revenues are inadequate, the Legislative Assembly intends
that it be advised by the Governor as precisely as possible how the Legislative
Assembly might proceed to raise the additional funds. It is also the intent of
the Legislative Assembly, in the event that the additional funding is not
possible, to be informed by the Governor precisely what programs or portions
thereof the Governor recommends be reduced accordingly. Finally, if the
Governor chooses to recommend additional new programs or program enhancements,
the Legislative Assembly intends that the Governor specify how the additional
funding might be achieved. The Legislative Assembly believes that the state
government must allocate its resources for effective and efficient delivery of
public services by:
(a) Clearly identifying desired results;
(b) Setting priorities;
(c) Assigning accountability; and
(d) Measuring, reporting and evaluating
outcomes to determine future allocation.
(2) To achieve the intentions of
subsection (1) of this section, it is the budget policy of this state to create
and administer programs and services designed to attain societal outcomes such
as the
(3) To effect the policy stated in
subsection (2) of this section, state government shall:
(a) Allocate resources to achieve desired
outcomes;
(b) Express program outcomes in measurable
terms;
(c) Measure progress toward desired
outcomes;
(d) Encourage savings;
(e) Promote investments that reduce or avoid
future costs;
(f) Plan for the short term and long term
using consistent assumptions for major demographic and other trends; and
(g) Require accountability at all levels
for meeting program outcomes. [1985 c.270 §1; 1993 c.724 §8]
Note: 291.200 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 291 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
291.201
Definition of tax expenditure. As used in ORS 291.201 to 291.222, tax expenditure means any law of
the federal government or this state that exempts, in whole or in part, certain
persons, income, goods, services or property from the impact of established
taxes, including but not limited to tax deductions, tax exclusions, tax
subtractions, tax exemptions, tax deferrals, preferential tax rates and tax
credits. [1995 c.746 §63; 2005 c.837 §9; 2007 c.217 §11]
291.202
Budget and tax expenditure reports of Governor; department to assist in preparation. (1) Except as otherwise provided in ORS
291.222, the Governor shall prepare in each even-numbered year for the biennium
beginning July 1 of the following year:
(a) A budget report; and
(b) A tax expenditure report.
(2) The Oregon Department of
Administrative Services shall advise and assist the Governor in the preparation
of the budget report and tax expenditure report and shall perform such duties
in connection therewith as the Governor requires.
(3) The Department of Revenue shall advise
and assist the Governor in the preparation of the tax expenditure report. [Amended
by 1969 c.464 §2; 1995 c.746 §64]
291.203
Tax expenditure report by Governor. (1) Not later than November 10 of each even-numbered year, the
Governor shall cause the tax expenditure report to be compiled and prepared for
printing.
(2) In the tax expenditure report, the
Governor shall:
(a) List each tax expenditure;
(b) Identify the statutory authority for
each tax expenditure;
(c) Describe the purpose of each tax
expenditure;
(d) Estimate the amount of revenue loss
caused by each tax expenditure for the coming biennium;
(e) List the actual amount of revenue loss
in the preceding biennium for each tax expenditure or an estimate if the actual
amount cannot be determined;
(f) Determine whether each tax expenditure
is the most fiscally effective means of achieving each purpose of the tax
expenditure;
(g) Determine whether each tax expenditure
has successfully achieved the purpose for which the tax expenditure was enacted
and currently serves, including an analysis of the persons that are benefited
by the expenditure; and
(h) Categorize each tax expenditure
according to the programs or functions each tax expenditure supports. [1995
c.746 §65]
291.204
Prescribing forms for submitting budget estimates and requests for
appropriations; furnishing budget forms to agencies. The Oregon Department of Administrative
Services, by July 1 of each even-numbered year, shall furnish every state
agency with a sufficient number of forms for its use in preparing for
submission to the Governor the information required by the Governor in the
preparation of the budget report of the Governor. The Governor shall prescribe
the forms to be used by the agencies in submitting their budget estimates and
requests for appropriations as required by ORS 291.208.
291.206
Guidance of agencies in completing budget forms. (1) The Governor shall prescribe such rules
and regulations as the Governor deems necessary for the guidance of agencies in
the preparation of the budget estimates and requests. The Governor, with the
approval of the Secretary of State, shall prepare and prescribe classifications
of expenditures and revenue for the purpose of budget-making and accounting.
(2) In so far as practicable, agency budget
estimates and requests and appropriation measures shall be prepared in a manner
that reflects state governmental organization and state agency duties,
functions and powers under the law in effect on January 1 of the following
year. The Oregon Department of Administrative Services shall maintain agency
budget estimates and requests in the form in which they are submitted. [Amended
by 1969 c.173 §1]
291.208
Filing budget forms with department; preparing requests for agencies failing to
file. Each state agency
shall file with the Oregon Department of Administrative Services, before
September 1 in each even-numbered year, on the form and in the manner required,
its budget forms containing the information required. The department shall
prepare budget estimates and requests for appropriations for all agencies that
fail to file requests.
291.210
Preparing tentative budget plan and tax expenditure report. (1) The Oregon Department of Administrative
Services, in connection with its direct studies of the operations, plans and
needs of state agencies and of the existing and prospective sources of income,
shall prepare a tentative budget plan and tentative tax expenditure report for
the two fiscal years for which a budget report and tax expenditure report are required
to be prepared.
(2) The Department of Revenue shall advise
and assist in the preparation of the tentative tax expenditure report. [Amended
by 1995 c.746 §66]
291.212
Revising budget plan; transmitting budget forms and tentative budget report to Governor. Upon receipt of the budget forms, the Oregon
Department of Administrative Services shall check the agencies estimates in
the light of the tentative budget plan and shall make such further inquiries
and investigations as the Governor requires and revise its tentative budget
plan accordingly. The department then shall transmit to the Governor the budget
forms filed with it by the state agencies and the revised tentative budget
report.
291.214
Governor to examine budget forms and revise tentative budget or tax expenditure
report. The Governor, during
the preparation of the budget report and before its submission to the
Legislative Assembly, shall:
(1)(a) Examine the budget forms filed by
the various agencies and may make or cause to be made such further
investigations by the Oregon Department of Administrative Services, with such
hearings before the Governor or any state agency, as the Governor deems
advisable, and may make such changes or revisions in policy and program and in
specific details of the tentative budget report or tentative tax expenditure
report as the Governor finds warranted; and
(b) Identify each tax expenditure that has
a full or partial sunset that, if allowed to take effect, will have a fiscal
impact on the state or on school districts for the next biennium, and shall
prepare a recommendation as to each tax expenditure identified under this
paragraph that indicates the Governors opinion on whether the full or partial
sunset of the tax expenditure should be allowed to take effect as scheduled or
should be revised to a different date.
(2) As used in this section:
(a) Full sunset means any provision that
completely eliminates an existing tax expenditure on a specified date.
(b) Partial sunset means any provision
that reduces the amount of an existing tax expenditure or that alters the
eligibility requirements for the expenditure as of a specified date. [Amended
by 1995 c.746 §67]
291.216
Governors budget report; when due; content; alternative budget plan. (1) Not later than November 10 of each
even-numbered year the Governor shall cause the budget report to be compiled
and prepared for printing.
(2) The budget report shall include a
budget message prepared by the Governor, including recommendations of the
Governor with reference to the fiscal policy of the state government for the
coming biennium, describing the important features of the budget plan,
embracing a general budget summary setting forth the aggregate figures of the
budget report so as to show a balanced relation between the total proposed
expenditures and the total anticipated income, with the basis and factors on
which the estimates are made, the amount to be borrowed, and other means of
financing the estimated expenditures for the ensuing biennium, compared with
the corresponding figures for at least the last completed biennium and the
current biennium.
(3) The budget plan shall be supported by
explanatory schedules or statements, classifying the expenditures reported
therein, both past and proposed, by organization units, objects and funds, and
the income by organization units, sources and funds, and the proposed amount of
new borrowing as well as proposed new tax or revenue sources, including a
single comprehensive list of all proposed increases in fees, licenses and
assessments assumed in the budget plan.
(4) The budget plan shall be submitted for
all dedicated funds, as well as the state General Fund, and shall include the
estimated amounts of federal and other aids or grants to state agencies or
activities provided for any purpose whatever, together with estimated
expenditures therefrom.
(5) The budget report shall embrace the
detailed estimates of expenditures and revenues. It shall include statements of
the bonded indebtedness of the state government, showing the actual amount of
the debt service for at least the past biennium, and the estimated amount for
the current biennium and the ensuing biennium, the debt authorized and
unissued, the condition of the sinking funds and the borrowing capacity. It shall
contain the Governors recommendations concerning tax expenditures identified
under ORS 291.214. It shall also contain any statements relative to the
financial plan which the Governor may deem desirable or which may be required
by the legislature.
(6) The budget plan shall use the
estimated revenues under ORS 291.342 for the fiscal year in which the plan is
submitted as the basis for total anticipated income under subsection (2) of
this section, subject to such adjustment as may be necessary to reflect accurately
projections for the next biennium.
(7) As supplemental information to the
budget report, the Governor shall publish an existing level tentative budget
plan for the two fiscal years for which the budget report is required. This
summary budget shall reflect only existing revenues estimated under subsection
(6) of this section; subject to such adjustment as may be necessary to reflect
accurately projections for the next biennium. The supplemental information to
the budget report shall be submitted at the same time as the budget report.
(8)(a) The budget report shall present
information regarding the expenses of the state in the following categories:
(A) Personnel expenses, including
compensation and benefits for state employees, but excluding costs of services
contracted out and temporary service costs.
(B) Supplies, equipment and the costs of
services contracted out.
(C) Capital construction.
(D) Capital outlay.
(E) Debt service.
(b) For each category described in
paragraph (a) of this subsection, the report shall show actual expenditures to
date.
(c) For each category described in
paragraph (a) of this subsection, the report shall show:
(A) The amount of merit increases for the
existing workforce.
(B) Increases for the cost of replacement
and repair of supplies and equipment.
(C) Increases for the costs of new
construction or major remodeling.
(D) Increases for the cost of inflation.
(d) The report shall show the total
increase in the cost of salaries and benefits for all state positions.
(9) The budget report shall include:
(a) The total number of positions included
in the budget.
(b) The average vacancy rate in the
present biennium.
(c) The number of permanent, full-time
equivalent vacancies, excluding academics, as of July 1 of even-numbered years.
(10) The budget report shall include
computations showing budget figures as a percentage of the total General Fund,
federal fund, fee or other source category, as may be appropriate.
(11) The budget report shall include, in a
format that provides side-by-side comparison with the State Debt Policy
Advisory Commission report of net debt capacity, a six-year forecast, by debt
type and repayment source, of:
(a) That portion of the capital
construction program required to be reported by ORS 291.224 that will be
financed by debt issuance.
(b) The acquisition of equipment or
technology in excess of $500,000 that will be financed by debt issuance.
(c) Other state agency debt issuance for
grant or loan purposes.
(12) As supplemental information to the
budget report, the Governor shall prepare an alternative budget plan for the
two fiscal years for which the budget report is required and shall provide the
alternative budget plan to the President of the Senate, the Speaker of the
House of Representatives and the majority and minority leaders in the Senate
and the House of Representatives. The alternative budget plan shall establish
funding for each state agencys programs and activities at 90 percent of the
appropriations requested for the state agency in the budget report, excluding
appropriations that are not made to fund recurring activities. For each state
agency, the Governor shall describe the 10 percent reduction in appropriated
moneys in terms of the activities or programs that the agency will not
undertake. The activities or programs that are not undertaken as a result of
the reductions in appropriated moneys made in the alternative budget plan shall
be ranked in order of importance and priority on the basis of lowest cost for
benefit obtained. [Amended by 1985 c.270 §2; 1993 c.724 §9; 1995 c.746 §68;
1995 c.787 §1; 1997 c.49 §3; 1997 c.249 §88; 1999 c.1091 §1]
291.218
Printing budget and tax expenditure reports; transmitting to members of legislature;
distribution. Except when
the Governor under whose supervision the budget report and the tax expenditure
report have been prepared will be succeeded in office in January next
following:
(1) The Oregon Department of
Administrative Services shall have as many copies of the approved budget report
and the tax expenditure report printed as the Governor directs.
(2) Not later than December 1 of each
even-numbered year, the Governor shall transmit a copy of each report to each
member of the legislature who is to serve during the next session.
(3) Upon request, the Governor shall
distribute copies free of charge, under such regulations as the Governor may
establish, to public libraries, schools and state officials. The Governor shall
make copies available to the general public at a reasonable charge for each
copy. [Amended by 1959 c.140 §1; 1967 c.302 §1; 1995 c.746 §69]
291.220
Furnishing information and assistance to legislature. The Governor, upon request, shall furnish
the Legislative Assembly any further information required concerning the budget
report and the tax expenditure report. The Oregon Department of Administrative
Services, upon request, shall furnish a representative to assist the
Legislative Assembly, its Joint Committee on Ways and Means, appointed under
ORS 171.555, and the Legislative Revenue Officer in the consideration of the
budget report, the tax expenditure report and any accompanying measures. [Amended
by 1969 c.173 §2; 1975 c.789 §8; 1995 c.746 §70]
291.222
Furnishing information and assistance to Governor-elect; revision of budget and
tax expenditure reports. If
the Governor under whose supervision the budget report and tax expenditure
report have been prepared will be succeeded in office in January next
following:
(1) The Oregon Department of
Administrative Services shall make available to the Governor-elect so much as
the Governor-elect requests of the information upon which the tentative budget
report and tentative tax expenditure report are based, and upon completion of
each report shall supply the Governor-elect with a copy of each report but
shall not cause the tentative budget report or tentative tax expenditure report
to be printed and distributed. The department shall also make available to the
Governor-elect all facilities of the department reasonably necessary to permit
the Governor-elect to review and become familiar with the tentative budget
report or tentative tax expenditure report.
(2) After a review of the tentative budget
report or tentative tax expenditure report the Governor-elect may prepare
revisions and additions thereto. The Oregon Department of Administrative
Services and the Department of Revenue shall assist, upon request, in the
preparation of such revisions or additions.
(3) The Oregon Department of
Administrative Services shall have printed as many copies of the revised budget
report and revised tax expenditure report as the Governor-elect requests.
(4)(a) Not later than the convening of the
next Legislative Assembly the Oregon Department of Administrative Services
shall transmit a copy of a summary of the revised budget report containing the
revenue and expenditure recommendations of the Governor-elect and a summary of
the revised tax expenditure report estimating the amount of revenue loss caused
by each tax expenditure.
(b) Not later than February 1, the Oregon
Department of Administrative Services shall transmit a copy of the revised
budget report and revised tax expenditure report to each member of the
Legislative Assembly.
(5) Upon request, the department shall
distribute copies of the revised budget report and revised tax expenditure
report free of charge, under such regulations as it may establish, to public
libraries, schools and state officials. It shall make copies of the revised
budget report and revised tax expenditure report available to the general
public at a reasonable charge for each copy. [Amended by 1967 c.302 §2; 1969
c.464 §3; 1995 c.746 §71]
291.223
Furnishing agency budget estimates to Legislative Fiscal Officer and
Legislative Revenue Officer; confidentiality of estimates. (1) Not later than November 10 of each
even-numbered year the Governor shall cause the agency budget estimates and
requests as described in ORS 291.206 to be made available to the Legislative
Fiscal Officer and to the Legislative Revenue Officer.
(2) Before December 1 of the year in which
they were made available under subsection (1) of this section, the Legislative
Fiscal Officer or staff and the Legislative Revenue Officer or staff shall not
reveal to any other person the contents or nature of the budget reports and
other materials, except with the written consent of the Governor. [1969 c.173 §4;
1975 c.789 §9]
291.224
Capital construction program to be included in budget report. (1) A capital construction program
containing estimated capital construction needs, irrespective of how financed,
must be included with the budget report required by ORS 291.216. The capital
construction program must contain the estimated physical construction
requirements for each biennium of a period to be determined by the Governor,
which period may not be less than six years. The Oregon Department of
Administrative Services shall assist the Governor in the preparation of the
capital construction program.
(2) In accordance with regulations
prescribed by the department, state agencies shall submit to the department
their anticipated capital construction requirements for the period specified by
the Governor. The department shall prescribe the basic assumptions relating to
population changes, economic trends and other factors which might generally
affect capital construction requirements and these basic assumptions must be
used by the state agencies in preparing their anticipated capital construction
requirements. Each state agency is responsible for the basic assumptions that affect
only its own program. The department shall prepare estimated capital
construction requirements for necessary capital construction not covered by the
capital construction requirements submitted by the state agencies under this
section.
(3) In accordance with regulations
prescribed by the department, each state agency shall separately submit its
estimated office space requirements for the period specified by the Governor,
and the department shall consolidate those needs and make an estimate for all state
office buildings to be included in the capital construction program.
(4) The Governor shall consolidate the
estimates, review the estimates and make revisions the Governor finds
warranted.
(5) The budget report must include the
proposed expenditures for the capital construction program for the ensuing
biennium and the proposed expenditures for preliminary planning of the
construction projects included in the capital construction program for the
biennium following the ensuing biennium. The budget report also must include
dollar estimates of the cost of the capital construction projects included in
the capital construction program for the succeeding years of the period
determined by the Governor under subsection (1) of this section.
(6) As used in this section, capital
construction program does not include:
(a) The acquisition, repair, improvement,
enlargement, construction or maintenance of highways and highway bridges by the
Department of Transportation;
(b) Park improvements by the State Parks
and Recreation Department; or
(c) Road infrastructure work performed
under timber sale contracts entered into by the State Forester. [1959 c.500 §1;
1973 c.129 §5; 1989 c.904 §30; 1997 c.285 §4; 2003 c.796 §§15,16; 2005 c.217 §24]
291.226
Budget item to replace lost and unrecovered public funds or property. When there has been a failure to recover a
loss of public funds or property pursuant to ORS 297.120, the state agency
sustaining the loss shall include the amount of the loss in its budget estimate
and request for the following biennium clearly marked as to purpose, and the
Governor shall include such item in the budget report of the Governor for the
consideration of the Legislative Assembly. [1963 c.617 §3]
291.228
Governors report on budget amounts for education. (1) The Governor shall publish a report
that:
(a) Demonstrates that the amount in the
Governors budget recommended for the states system of kindergarten through
grade 12 public education is the amount of moneys as determined by the Quality
Education Commission established by ORS 327.500 that is sufficient to meet the
quality goals; or
(b) Identifies the reasons that the amount
recommended for the states system of kindergarten through grade 12 public
education is not sufficient, the extent of the insufficiency and the impact of
the insufficiency on the ability of the states system of kindergarten through
grade 12 public education to meet the quality goals. In identifying the impact
of the insufficiency, the Governor shall include in the report how the amount
recommended in the Governors budget may affect both the current practices and
student performance identified by the commission under ORS 327.506 (4)(a) and
the best practices and student performance identified by the commission under ORS
327.506 (4)(b).
(2) The Governor shall determine whether
the states system of post-secondary public education has quality goals
established by law. If there are quality goals, the Governor shall include in
the report a determination that the amount recommended in the Governors budget
is sufficient to meet those goals or an identification of the reasons the
amount recommended is not sufficient, the extent of the insufficiency and the
impact of the insufficiency on the ability of the states system of post-secondary
public education to meet the quality goals.
(3) The report shall be issued at the same
time as the Governors budget report required under ORS 291.202.
(4) The Governor shall provide public
notice of the reports issuance, including posting the report on the Internet
and providing a print version of the report upon request. [2001 c.895 §6; 2003
c.14 §144; 2005 c.209 §2]
Note: 291.228 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 291 or any
series therein by legislative action. See Preface to Oregon Revised Statutes
for further explanation.
ALLOTMENTS
291.230 [2005 c.837 §11; repealed by 2007 c.217 §12]
291.232
Declaration of policy. (1)
It is declared to be the policy and intent of the Legislative Assembly that:
(a) The legislatively adopted or approved
budget for a state agency constitutes a determination by the Legislative
Assembly of the amount needed by the agency for the biennium to meet the
responsibilities imposed on the agency through the budget and through statutes
governing the agency; and
(b) Except as provided in subsections (2)
and (3) of this section, appropriations from the General Fund to a state agency
constitute a direction to the agency to spend the amount of moneys appropriated
in order to meet the responsibilities imposed on the agency through the budget
and through statutes governing the agency.
(2) If a state agency does not need all of
the moneys that are made available to it by the legislatively adopted or approved
budget to meet its responsibilities, the agency need not spend all moneys
appropriated or otherwise made available to it.
(3) The Governor and the Oregon Department
of Administrative Services are given the powers granted by ORS 291.201 to
291.222 and 291.232 to 291.260 in order that the Governor and the department
might effect savings, without reducing the responsibilities imposed on state
agencies, by:
(a) Careful supervision throughout each
biennium, with due regard to changing conditions; and
(b) Promotion of more economic and
efficient management of state agencies. [Amended by 2003 c.734 §11]
291.234
Department to make allotments to state officers and agencies of appropriations
and funds; allotment period; exemptions. (1) The Oregon Department of Administrative Services shall make
allotments to state officers and agencies of appropriations and funds pursuant
to the allotment system provided for in ORS 291.234 to 291.260.
(2) For the purposes of the allotment
system, each fiscal year shall be divided into four quarterly allotment
periods, beginning, respectively, on the first days of July, October, January
and April. The department may prescribe a different period suited to the
circumstances or may exempt agencies that have demonstrated to the departments
satisfaction that the appropriate fiscal controls are in place. [Amended by
1993 c.724 §4]
291.236
Application of allotment system; controlling expenditures and encumbering of
emergency, contingent, revolving and trust funds. (1) The provisions of ORS 291.234 to 291.260
relating to the allotment system shall apply to all appropriations for state
officers and agencies. For this purpose appropriation includes standing,
continuing and annual appropriations, and dedicated funds. In those cases where
periodical allotments are impracticable, the Oregon Department of
Administrative Services may dispense therewith and prescribe such regulations
as will insure proper application and encumbering of funds.
(2) Subject to ORS 291.238, emergency or
contingent funds, revolving funds and trust funds shall be subject to such
regulations as the department may prescribe for controlling the expenditures
and encumbering of such funds.
291.238
Expenditures without allotment prohibited; expenditures from dedicated, revolving
and trust funds. (1) Except
as expressly authorized in this section or ORS 291.236, no person shall incur,
or order or vote to incur, any obligation against the state in excess of, or
make or order or vote to make any expenditure not authorized by, an allotment.
Any such obligation so incurred shall not be binding against the state, but
where the obligation violates this section only for having been made in excess
of an allotment, the Oregon Department of Administrative Services may authorize
payment thereof from unallotted funds.
(2) Excepting as to administrative
expenditures from dedicated, revolving and trust funds and to revolving funds
established to provide services rendered by any state agency to other state
agencies or to any body politic of the State of
(3) No person shall make or order or vote
to make any expenditure from or chargeable to a revolving fund or trust fund in
excess of the amount standing to the credit of such fund or for any purpose for
which such fund may not lawfully be expended.
291.240 [Repealed by 1953 c.168 §4]
291.242
Allotment required before expenditure of appropriation; submitting estimates. No appropriation to which the allotment
system is applicable shall become available to any state agency for expenditure
thereby during any allotment period until:
(1) The agency submits to the Oregon
Department of Administrative Services an estimate, in such form as the
department prescribes, for such allotment period, of the amount required for
each activity to be carried on during that period; and
(2) The estimate is approved, increased or
decreased by the department and funds allotted therefor.
291.244
Department action on estimates.
The Oregon Department of Administrative Services shall act promptly upon all
estimates required by ORS 291.242. If the estimate is within the terms of the
appropriation as to amount and purposes, having due regard for the probable
further needs of the agency for the remainder of the term for which the
appropriation was made, and if the department determines that there is a need
for the estimated amount for the allotment period, the department shall approve
the estimate and allot the estimated amount for expenditures. Otherwise the
department shall modify the estimate so as to conform with the terms of the
appropriation and the prospective needs of the agency, and shall reduce the
amount allotted accordingly.
291.246
Allotments to be made for purpose or classification of expenditure prescribed
in appropriation measure.
Allotments shall be made according to purpose and classification of
expenditures prescribed in the appropriation measure as enacted by the
Legislative Assembly; provided, however, that the Oregon Department of
Administrative Services may make allotments for agencies by purposes or by
other classification of expenditures of amounts appropriated or authorized to
be expended in appropriation measures enacted by the Legislative Assembly,
whether or not such measures establish classification of expenditures. In
making allotments, the department shall not authorize the expenditure of moneys
for any purpose not authorized by the Act appropriating the money or
authorizing it to be expended, and the funds allotted for each purpose or
classification of expenditure shall be used for no other purpose or
classification of expenditure. [Amended by 1963 c.182 §7]
291.248
Notice of allotment. Upon
the granting of any allotment, the Oregon Department of Administrative Services
shall transmit a notice of the allotment to the agency concerned.
291.250
Claims and encumbrances limited by amount and purpose of allotment. The agency shall not create any claim or
encumbrance for the future disbursement of appropriated moneys unless the
proposed expenditure as estimated, together with expenses theretofore paid from
or encumbered against such allotment, is within the total amount and for the
purposes specified in the notice of allotment transmitted to such agency.
291.252
Modifying allotment previously made. The Oregon Department of Administrative Services may at any time
modify or amend any allotment previously made by it, upon application of, or
upon notice to, the agency concerned, but no such modification or amendment
shall reduce an allotment below the amount required to meet valid obligations
or commitments previously incurred against the allotted funds.
291.254 [Repealed by 2003 c.734 §25]
291.256 [Repealed by 1959 c.608 §1]
291.258
Approval of department required for establishment of new personnel position or
classification. A new
personnel position or classification, not provided in the budget of an agency
upon which appropriations have been based, shall not be established without
prior approval of the Oregon Department of Administrative Services.
291.260
Approving, modifying or disapproving requests and budgets to be submitted to
the federal government.
Every state agency, when making requests or preparing budgets to be submitted
to the federal government for funds, equipment, materials or services, other
than for highway purposes, and purposes for which the state was legally
committed on August 2, 1951, shall, upon completion of such request or budget,
first submit it to the Oregon Department of Administrative Services. The
department shall have authority to approve, disapprove, modify or amend any
such request or budget before it is submitted to the proper federal authority.
291.261
Reducing allotment to prevent deficit. (1) Notwithstanding the legislative policy and intent declared in ORS
291.232, if the Oregon Department of Administrative Services declares at any
time during a biennium that there is a projected deficit in that biennium, the
department may, with the approval of the Governor and in order to prevent the
deficit, reduce the amount allotted to state agencies under ORS 291.234 to
291.260 from the General Fund in the manner provided in subsection (2) of this
section.
(2)(a) In reducing allotments under this
section, the department and the Governor shall follow legislative funding
priorities as expressed in statutes and in the legislatively adopted or
approved budget for the biennium. Unless statutes or the legislatively adopted
or approved budget indicate otherwise, the department and the Governor shall
assume that all General Fund appropriations have the same priority and shall
reduce allotments of General Fund moneys for each state agency receiving
General Fund moneys by the same percentage.
(b) The department and the Governor may
not reduce allotments under this section by a total amount that exceeds the
amount necessary to bring the total estimated General Fund ending balance to
zero.
(3) For purposes of this section, the department
may declare that there is a projected deficit if a quarterly estimate made as
provided in ORS 291.342 indicates that the projected balance in the General
Fund at the end of the biennium will be less than zero. [2003 c.734 §12]
Note: 291.261 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 291 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
291.262 [1963 c.182 §6; 1965 c.111 §1; repealed by
1969 c.488 §3]
291.263
Vacant positions; information to
(2) A state agency shall inform the Oregon
Department of Administrative Services of any position that has remained vacant
for a continuous period of six months by including a report on the position in
the estimate submitted to the department under ORS 291.242. The department may
consider the vacancy in its determinations under ORS 291.244 and may reduce the
amount allotted to the state agency. [2001 c.858 §1; 2003 c.803 §11]
Note: 291.263 was enacted into law by the Legislative
Assembly but was not added to or made a part of ORS chapter 291 or any series
therein by legislative action. See Preface to Oregon Revised Statutes for
further explanation.
ALLOCATION OF
GOVERNMENTAL SERVICE EXPENSES
291.272
Definitions for ORS 291.272 to 291.278. As used in ORS 291.272 to 291.278, unless the context requires
otherwise:
(1) Administrative expenses has the
meaning defined by ORS 291.305.
(2) Department means the Oregon
Department of Administrative Services.
(3) Governmental service expenses means
the expenses of state government that are attributable to the operation,
maintenance, administration and support of state government generally, and
includes the following:
(a) Administrative expenses of the Oregon
Department of Administrative Services supported out of the General Fund.
(b) Sixty percent of the expenditures of
the Legislative Assembly out of moneys appropriated from the General Fund, and
all of the expenditures incurred in the administration of the duties of the
Emergency Board.
(c) Sixty percent of the expenditures
incurred in the administration of the duties of the Joint Committee on Ways and
Means and the Emergency Board.
(d) Sixty percent of the expenditures
incurred out of moneys appropriated from the General Fund in the administration
of the duties of the Legislative Counsel Committee.
(e) Expenditures of the Secretary of State
in the administration of the office of the State Archivist, of historic
properties programs, and of the administrative rules publication program.
(f) Seventy-five percent of the
administrative expenses of the Office of the Governor incurred out of moneys
appropriated from the General Fund.
(4) State agency means every state
officer, board, commission, department, institution, branch or agency of the
state government, whose costs are paid wholly or in part from funds held in the
State Treasury, and includes the Legislative Assembly, the courts and their
officers and committees. [1967 c.637 §2; 1973 c.439 §9; 1983 c.385 §1; 1985
c.565 §45; 1991 c.112 §1]
291.274
Determination of funds and appropriations to be assessed. The Oregon Department of Administrative
Services shall determine and may at any time redetermine which state funds or
appropriations shall be assessed a reasonable share of governmental service
expenses. In determining or redetermining the funds that shall be so assessed:
(1) A fund consisting of moneys the use of
which is restricted by the Oregon Constitution shall be assessed only those
governmental service expenses ascertained as being necessarily incurred in
connection with the purposes set forth in the Oregon Constitution.
(2) Trust funds shall be assessed only
those governmental service expenses ascertained as being necessarily incurred
in connection with the purposes for which the trust fund was established. [1967
c.637 §3]
291.276
Department allocation of governmental service expenses among state agencies. (1) With respect to each biennium beginning
on July 1 of an odd-numbered year, the Oregon Department of Administrative
Services shall allocate among all state agencies the governmental service
expenses, as determined by the department in accordance with ORS 291.272, for
the biennium ending two years prior to the beginning of the biennium for which
the allocation is made.
(2) The department, in accordance with the
procedures and methods prescribed under subsection (3) of this section, shall
determine and may at any time redetermine the reasonable share of governmental
service expenses to be assessed against any fund or appropriation. Such
expenses shall be a charge against any fund so designated and be considered an
administrative expense of the agency administering the fund or appropriation.
(3) The department, with the approval of
the Governor, shall prepare and prescribe the procedures and methods used in
determining and redetermining the reasonable share of governmental service
expenses assessed against any fund or appropriation.
(4) The department, with the approval of
the Governor, may make rules necessary or proper to carry out the duties
imposed upon it by ORS 291.272 to 291.278.
(5) The computation required by subsection
(1) of this section shall be made by the department in advance of the biennium
with respect to which the allocation is to be made. [1967 c.637 §4; 1969 c.105 §1;
2005 c.22 §213]
291.278
Transfer of allocated amounts to General Fund. (1) Upon completion of the determination by
the Oregon Department of Administrative Services under ORS 291.274 and 291.276,
the department shall transfer to the General Fund, with appropriate notice to
the State Treasurer, out of moneys appropriated to each state agency, the
amount of governmental service expenses so certified for the agency.
(2) In the case of a state agency that
collects or receives moneys for fees, fines, licenses or taxes not by law made
a part of the General Fund available for general governmental purposes, if
moneys available to such state agency are not sufficient to permit the transfer
under subsection (1) of this section, the department shall notify the state
agency of the amount certified with respect to the state agency under ORS
291.274 and 291.276, less any amount transferred out of moneys appropriated to
such state agency under subsection (1) of this section. Thereafter, until such
balance has been paid into the General Fund, 10 percent of all moneys collected
or received by the state agency for fees, fines, licenses or taxes not by law
made a part of the General Fund available for general governmental purposes
shall be:
(a) Transferred by the department to and
made a part of the General Fund available for general governmental purposes if
such moneys are paid to the State Treasurer by the state agency; or
(b) Paid to the State Treasurer by the
state agency receiving such moneys at the time when they are received by the
state agency if such moneys are authorized by law to be kept and disbursed
other than by and through the State Treasurer, and be credited by the State
Treasurer to and made a part of the General Fund available for general
governmental purposes.
(3) The transfer and payment to the
General Fund required by this section shall be made notwithstanding any law
that appropriates such moneys or any of them to any other purposes, and such
portion so paid and transferred is not subject to any special uses thereby
provided. [1967 c.637 §5]
291.280 [1967 c.637 §6; repealed by 2007 c.217 §12]
291.285
Payment of accounting charges from Economic Development Fund. Moneys in the Administrative Services
Economic Development Fund are continuously appropriated for the payment of
accounting charges of the Oregon Department of Administrative Services in order
to maintain accountability of the fund. [1985 c.828 §16]
Note: 291.285 and 291.290 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
291 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
291.290
Cash account of state agency for receipts from Economic Development Fund. If a state agency is authorized to receive
moneys from the Administrative Services Economic Development Fund based on
approved legislative limitations, such moneys shall be deposited in a general
fund cash account in the State Treasury unless funds are directed to be
deposited elsewhere. If the receiving agency is not authorized by statute to
have such a cash account, the Oregon Department of Administrative Services in
cooperation with the State Treasurer may create a cash account in the General
Fund for the receipt of these moneys. [1985 c.828 §17]
Note: See note under 291.285.
291.302 [Repealed by 1953 c.386 §9]
291.304 [Repealed by 1953 c.386 §9]
ACTS
APPROPRIATING MONEY OR LIMITING EXPENDITURES
291.305
Meaning of administrative expenses in law appropriating money or limiting
expenditures; limitation not appropriation of money otherwise unavailable to
agency. (1) As used in the
laws enacted by the Legislative Assembly appropriating money or limiting
expenditures, the term administrative expenses means, unless the context
requires otherwise, those expenditures that are included under the
classifications of expenditures, except debt service and special payments
expenditure categories, which are prepared and prescribed, pursuant to ORS
291.206, for the purpose of budget-making and accounting during the biennium
for which such laws appropriating money or limiting expenditures are enacted.
(2) In the laws enacted by the Legislative
Assembly, the establishment of maximum limits for expenditures from, or for the
payment of administrative expenses from, fees, moneys or other revenues
collected or received by any agency is not intended as an appropriation of
moneys not otherwise available to such agency. [1963 c.182 §§1,3]
291.306 [Repealed by 1953 c.386 §9]
291.307
Appropriation from General Fund to constitute a credit only. An appropriation of any sum of money from
the General Fund by any law shall not be considered as segregating or setting
aside the amount of such appropriation from the moneys constituting the General
Fund, but shall be considered and construed as constituting a credit in favor
of the appropriation for the amount stated in the law making the appropriation,
subject to allotment as provided in ORS 291.232 to 291.260. [Formerly 291.376]
291.308 [Repealed by 1953 c.386 §9]
291.310 [Repealed by 1953 c.386 §9]
EMERGENCY
EXPENDITURES; EMERGENCY BOARD
291.322
Definitions for ORS 291.322 to 291.334. As used in ORS 291.322 to 291.334:
(1) Emergency means any catastrophe,
disaster or unforeseen or unanticipated condition or circumstance, or abnormal
change of conditions or circumstances, affecting the functions of a state
agency and the expenditure requirements for the performance of these functions.
(2) State agency means any elected or
appointed officer, board, commission, department, institution, branch or other
agency of the state government. [1953 c.386 §1]
291.324
Emergency Board created.
There hereby is created a joint committee composed of members of both houses of
the Legislative Assembly, to be known as the Emergency Board. [1953 c.386 §2]
291.326
Powers of board concerning expenditures by state agencies. (1) The Emergency Board, during the interim
between sessions of the Legislative Assembly, may exercise the following
powers:
(a) Where an emergency exists, to allocate
to any state agency, out of any emergency fund that may be appropriated to the
Emergency Board for that purpose, additional funds beyond the amount
appropriated to the agency by the Legislative Assembly, or funds to carry on an
activity required by law for which an appropriation was not made.
(b) Where an emergency exists, to
authorize any state agency to expend, from funds dedicated or continuously
appropriated for the uses and purposes of the agency, sums in excess of the
amount of the budget of the agency as approved in accordance with law.
(c) In the case of a new activity coming
into existence at such a time as to preclude the possibility of submitting a
budget to the Legislative Assembly for approval, to approve, or revise and
approve, a budget of the money appropriated for such new activity.
(d) Where an emergency exists, to revise
or amend the budgets of state agencies to the extent of authorizing transfers
between expenditure classifications within the budget of an agency.
(2) No allocation, authorization or
approval under subsection (1)(a), (b) or (c) of this section shall be effective
unless made at a meeting at which 10 members of the board were present.
(3) The laws enacted by the Legislative
Assembly making appropriations and limiting expenditures, or either, are not
intended to limit the powers of the Emergency Board. [1953 c.386 §3; subsection
(3) enacted as 1963 c.182 §2; 1973 c.201 §2]
291.328
Board may require presentation of evidence to support requests for action;
board to report its action to agencies concerned. Before the Emergency Board makes any
allocation, grants any authorization or approves any budget under ORS 291.326,
it may require the state agency in question to submit written evidence to
justify the allocation, authorization or approval and may require the head of
the agency to appear before it in support thereof. The Emergency Board may also
require the Director of the Oregon Department of Administrative Services to submit
a written report as to the need and justification for the allocation,
authorization or approval. Upon making an allocation, granting an authorization
or approving a budget, the Emergency Board shall file with the department, the
Secretary of State and the state agency in question a copy of the order of
allocation, grant of authorization or approved budget. [1953 c.386 §4]
291.330
Members of board; confirmation.
The Emergency Board shall be composed of the President of the Senate, the
Speaker of the House of Representatives, the chairpersons of the Senate and
House Ways and Means Committees, eight other members of the Senate, at least
four of whom shall have had some previous experience on the Ways and Means
Committee, to be appointed by the President of the Senate and confirmed by a
majority of all the members elected to the Senate, and eight other members of
the House, at least four of whom shall have had some previous experience on the
Ways and Means Committee, to be appointed by the Speaker and confirmed by a
majority of all the members elected to the House. [1953 c.386 §5; 1973 c.201 §1;
1979 c.324 §1; 2007 c.695 §1]
291.332
Meetings of board; terms of members; filling vacancies on board. (1) The Emergency Board shall meet
immediately upon adjournment of each Legislative Assembly and elect a
chairperson from their number. The board shall meet thereafter at such times as
it may determine.
(2) The board may not transact business
unless a quorum is present. A quorum consists of a majority of board members
from the House of Representatives and a majority of board members from the
Senate.
(3) Action by the board requires the
affirmative vote of a majority of board members from the House of
Representatives and a majority of board members from the Senate.
(4) The term of members of the board shall
run from the adjournment of one regular session to the organization of the next
regular session.
(5) If a vacancy occurs in the board,
either the Speaker, if the legislator previously filling the position was a
member of the House, or the President, if the legislator previously filling the
position was a member of the Senate, shall fill such vacancy by an appointment
for the unexpired term. However, such appointment, before becoming effective,
shall be confirmed by the remaining members of the board, sitting as such
board. [1953 c.386 §6; 2007 c.695 §2]
291.334
Board authorized to secure assistance; payment of board expenses. (1) The Director of the Oregon Department of
Administrative Services, upon request of the board, shall furnish necessary
assistance to the board, or the board may employ such assistance as they may
deem necessary.
(2) The expenses of the board, the cost of
employed assistance, and other necessary expenses of the board shall be paid
out of funds appropriated to the board specially for such purpose or, if no
such appropriation is made, out of any emergency fund that may be appropriated
to the board. All claims for those expenses and cost shall be approved by the
chairperson or other person authorized to approve claims, and warrants shall be
drawn on the State Treasurer for the payment thereof in the same manner as
other expenses are paid. [1953 c.386 §7; 1967 c.454 §96; 1975 c.530 §7]
291.336
Appropriation bills requiring approval of board before project commenced or
contract let; how requirement met. (1) As used in this section, appropriation bill means a legislative
Act which appropriates money or authorizes the expenditure of dedicated or
continuously appropriated moneys or otherwise makes moneys available for
expenditure.
(2) In all cases where an appropriation
bill heretofore or hereafter passed provides that a state agency shall not
commence any project or allow any contract to be let for any project without
having the approval of the Emergency Board, such requirement may be met:
(a) During any period when the Legislative
Assembly is in session, by the adoption of a resolution by each house approving
the proposed action; or
(b) During any period when the Legislative
Assembly is not in session, either by approval of the Emergency Board as
provided in the appropriation bill, or by the elapse of 45 days without adverse
action of the Emergency Board after notice of the proposed action has been
given to each member of the Emergency Board at the last-known address of the
member. [1957 c.382 §1]
ESTIMATES OF
STATE REVENUES
291.342
Annual estimation of state revenues; apportionment among counties of any state
property tax levy necessary to make up deficiency; quarterly estimates. (1) By August 15 of each year, but not
earlier than 90 days from the end of the regular session, if any, of the
Legislative Assembly held in that calendar year, the Oregon Department of
Administrative Services, with the assistance of the Department of Revenue, shall:
(a) Ascertain by computation and estimate
the total amount of revenue available for state purposes for the current fiscal
year; and
(b) Apportion the state tax levy on
property, if any, among the several counties in the manner provided in ORS
291.445.
(2) In addition to the requirement in
subsection (1) of this section, the Oregon Department of Administrative
Services with the assistance of the Department of Revenue shall for each
calendar quarter of the year ascertain by computation and estimate the total
amount of revenue available for state purposes for the current fiscal year, as
well as the amount of revenue received quarterly, cumulated throughout the
biennium, and report its estimate to the Legislative Revenue Officer and to the
Emergency Board, or if the Legislative Assembly is in session, to the Joint
Committee on Ways and Means.
(3) In carrying out its duties under
subsection (2) of this section, the Oregon Department of Administrative
Services shall issue quarterly a statement setting forth the methodology and
assumptions used in making the revenue estimate. Nothing in this subsection
requires the statement to set forth procedures used or methods used to
determine either the methodology or the assumptions. [Formerly 309.510; 1971
s.s. c.5 §3; 1975 c.789 §10; 1980 c.11 §1]
291.344 [Formerly 309.520; 1967 c.454 §97; 1981
c.804 §83; 1991 c.220 §1; renumbered 291.445 in 1991]
291.348
Biennial estimate of General Fund and State Lottery Fund revenues; certification
to Secretary of State. (1)
The Oregon Department of Administrative Services, with the assistance of the
Secretary of State, as soon as possible after June 30, 1966, and each
even-numbered year thereafter, shall ascertain the total of General Fund
revenues obtained from all sources during the preceding fiscal year, so far as
is practicable.
(2) The Director of the Oregon Department
of Administrative Services shall certify to the total of General Fund and State
Lottery Fund revenues during the preceding fiscal year as determined under subsection
(1) of this section.
(3) As used in this section:
(a) General Fund revenues means all
payments of money credited to the State Treasury that are placed or to be
placed by the State Treasurer to the credit of the General Fund of the State of
(b) State Lottery Fund revenues means
the net proceeds of the state lottery authorized by section 4, Article XV of
the Oregon Constitution. [1965 c.615 §12; 1967 c.454 §98; 1985 c.828 §18]
291.349
Revenue estimate; disposition of revenue in excess of estimate. (1) As soon as practicable after adjournment
sine die of the regular session of the Legislative Assembly, the Oregon
Department of Administrative Services shall report to the Emergency Board the
estimate as of July 1 of the first year of the biennium of General Fund and
State Lottery Fund revenues that will be received by the state during that
biennium. The Oregon Department of Administrative Services shall base its
estimate on the last forecast given to the Legislative Assembly before
adjournment sine die of the regular session on which the printed, adopted
budget prepared in the Oregon Department of Administrative Services is based,
adjusted only insofar as necessary to reflect changes in laws adopted at that
session. The report shall contain the estimated revenues from corporate income
and excise taxes separately from the estimated revenues from other General Fund
sources. The Oregon Department of Administrative Services may revise the
estimate if necessary following adjournment sine die of any special or
emergency session of the Legislative Assembly but any revision does not affect
the basis of the computation described in subsection (3) or (4) of this
section.
(2) As soon as practicable after the end
of the biennium, the Oregon Department of Administrative Services shall report
to the Emergency Board, or the Legislative Assembly if it is in session, the
amount of General Fund revenues collected as of the last June 30 of the
preceding biennium. The report shall contain the collections from corporate
income and excise taxes separately from collections from other sources.
(3) If the revenues received from the
corporate income and excise taxes during the biennium exceed the amounts
estimated to be received from such taxes for the biennium, as estimated after
adjournment sine die of the regular session, by two percent or more, the total
amount of that excess shall be credited to corporate income and excise
taxpayers in a percentage amount of prior year corporate excise and income tax
liability as determined under subsection (5) of this section. However, no
credit shall be allowed against tax liability imposed by ORS 317.090.
(4) If the revenues received from General
Fund revenue sources, exclusive of those described in subsection (3) of this
section, during the biennium exceed the amounts estimated to be received from
such sources for the biennium, as estimated after adjournment sine die of the
regular session, by two percent or more, there shall be refunded from personal
income tax revenues an amount equal to the total amount of that excess, reduced
by the cost certified by the Department of Revenue under ORS 291.351 as being
allocable to payments described under this subsection. The excess amount to be
refunded shall be paid to personal income taxpayers in a percentage amount of
prior year personal income tax liability as determined under subsection (6) of
this section.
(5)(a) If there is an excess to be
credited under subsection (3) of this section, on or before October 1,
following the end of each biennium, the Oregon Department of Administrative
Services shall determine and certify to the Department of Revenue the
percentage amount of credit for purposes of subsection (3) of this section. The
percentage amount determined shall be a percentage amount to the nearest
one-tenth of a percent that will distribute the excess to be credited to
corporate excise and income taxpayers.
(b) The percentage amount shall equal the
amount distributed under subsection (3) of this section divided by the
estimated total corporate income and excise tax liability for all corporate
income and excise taxpayers for tax years beginning in the calendar year
immediately preceding the calendar year in which the excess is determined.
(c) The amount of the surplus credit is
determined by multiplying the percentage amount determined under paragraph (b)
of this subsection by the total amount of a corporate income or excise taxpayers
tax liability for the tax year beginning in the calendar year immediately
preceding the calendar year in which the excess is determined in order to
calculate the amount to be credited to the taxpayer.
(d) The credit shall be determined based
on the tax liability as shown on the return of the taxpayer or as corrected by
the Department of Revenue.
(e) The credit shall be computed before
the allowance of any other credit or offset against tax liability allowed or
allowable under any provision of law of this state, and before the application
of estimated tax payments, withholding or other advance tax payments.
(f) If a credit applied against tax
liability as described in paragraph (e) of this subsection reduces tax
liability to zero and an amount of the credit remains unused, the remaining
unused amount shall be carried forward and applied against tax liability as
prescribed in paragraph (e) of this subsection in the succeeding tax year.
Following application of the credit against tax liability in a succeeding tax
year, any amount continuing to remain unused shall be carried forward and
applied against tax liability in a succeeding tax year until all remaining
amounts of unused credit are offset against tax liability.
(g) Notwithstanding paragraph (e) of this
subsection, if an excess is credited under subsection (3) of this section for a
tax year and an unused credit amount from a prior tax year is carried forward
to the tax year as prescribed under paragraph (f) of this subsection, the
amount of the carryforward credit shall be applied against tax liability prior
to applying the new credit.
(h) The Department of Revenue may
prescribe by rule the manner of calculating and claiming a credit if the filing
status of a corporation changes between the tax year described in paragraph (b)
of this subsection and the succeeding tax year.
(6)(a) If there is an excess to be
refunded under subsection (4) of this section, on or before September 15,
following the end of each biennium, the Oregon Department of Administrative
Services shall determine and certify to the Department of Revenue the
percentage amount of refund payment for purposes of subsection (4) of this
section. The percentage amount so determined shall be a percentage amount to
the nearest one-hundredth of a percent that will distribute the excess to be
refunded to personal income taxpayers under subsection (4) of this section. The
percentage amount shall equal the amount distributed under subsection (4) of
this section divided by the estimated total personal income tax liability for
all personal income taxpayers for tax years beginning in the calendar year
immediately preceding the calendar year in which the excess is determined.
(b) The Department of Revenue shall
multiply the percentage amount determined under paragraph (a) of this
subsection by the total amount of a personal income taxpayers tax liability
for the tax year beginning in the calendar year immediately preceding the
calendar year in which the excess is determined in order to calculate the
amount of the refund to be made to the taxpayer. For purposes of this paragraph,
the taxpayers tax liability is the amount as shown on the return of the
taxpayer or as corrected by the Department of Revenue, and is determined:
(A) Before the allowance of any other
credit or offset against tax liability allowed or allowable on the return for
the tax year; and
(B) Before the application of estimated
tax payments, withholding or other advance tax payments.
(c) The refund described under this
subsection shall be mailed by the Department of Revenue to personal income
taxpayers eligible for the payment on or before December 15 following the end
of the biennium for which the payment described under this subsection is being
made.
(d) Notwithstanding paragraph (c) of this
subsection, the Department of Revenue shall mail the refund at the earliest
date of practicable convenience in the case of a return:
(A) For a tax year beginning in the
calendar year immediately preceding the calendar year in which the excess is
determined for which refund is being made; and
(B) That is first filed on or after August
15 after the end of the biennium.
(7) No refund shall be made to a taxpayer
if, after making the calculation described under subsection (6) of this
section, the amount calculated is less than $1.
(8) For purposes of ORS chapters 305 and
314 to 318, refunds issued under subsection (6) of this section are refunds of
an overpayment of tax imposed under ORS chapter 316, but do not bear interest. [1979
c.241 §30; 1981 c.885 §1; 1985 c.828 §19; 1995 c.815 §2; 1997 c.99 §1; 1997
c.654 §4; 1999 c.23 §1; 1999 c.73 §5; 2007 c.680 §1; 2007 c.896 §3]
Note: The amendments to 291.349 by section 1,
chapter 680, Oregon Laws 2007, and section 3, chapter 896, Oregon Laws 2007,
apply to calculations of refunds for biennia ending on or after June 30, 2007.
See section 2, chapter 680, Oregon Laws 2007, and section 2, chapter 896,
Oregon Laws 2007, as amended by section 4, chapter 896, Oregon Laws 2007.
Note: 291.349 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 291 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
291.350 [1965 c.615 §13; repealed by 1971 c.544 §7]
291.351
Certification of refund costs.
If, based on the report made under ORS 291.349 (2), refund will be made under
ORS 291.349 (4), the Department of Revenue shall certify the costs that are
incurred in calculating and making the refunds under ORS 291.349 (4). Costs
shall be certified by the department within 15 days of the date the report
under ORS 291.349 (2) is made. As used in this section, costs means and is
limited to those costs that, absent the requirement of making a refund under
ORS 291.349 (4), would not be incurred by the department. [1995 c.815 §4; 1999
c.23 §2]
Note: 291.351 and 291.353 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
291 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
291.352 [Renumbered 293.105]
291.353
Surplus Kicker Cost Account.
(1) The Surplus Kicker Cost Account is established in the General Fund of the
State Treasury.
(2) Upon cost certification by the
Department of Revenue under ORS 291.351, an amount equal to the total amount
certified shall be credited from the General Fund to the Surplus Kicker Cost
Account. All moneys in the account are appropriated continuously to the
Department of Revenue for the purpose of carrying out the provisions of ORS
291.349. [1995 c.815 §5]
Note: See note under 291.351.
291.354 [Amended by 1959 c.273 §7; 1961 c.280 §3;
1961 c.308 §2; renumbered 293.110]
291.355 [1979 c.241 §29; repealed by 2001 c.956 §4]
291.356 [Amended by 1963 c.333 §2; renumbered
293.115]
RATE OF
GROWTH OF APPROPRIATIONS
291.357
Limitation on rate of growth of appropriations for general governmental purposes;
exceeding limitation. (1) As
used in this section, general governmental purposes means:
(a) Those activities defined as
governmental activities under the accounting standards promulgated by the
Governmental Accounting Standards Board of the Financial Accounting Foundation
that are in effect on August 10, 2001; and
(b) Post-secondary educational activities
that are partially funded by student tuition and fees.
(2) Each biennium, state governmental
appropriations for general governmental purposes shall be no greater than eight
percent of projected personal income in
(3) For purposes of this section, the
following are considered to be appropriations:
(a) An authorization, given by law, to
expend moneys in a biennium;
(b) A limitation, imposed by law, on the
expenditure in a biennium of moneys that are continuously appropriated; and
(c) An estimate of amounts of moneys that
are continuously appropriated that will be spent in a biennium without
limitation.
(4) The following appropriations are not
subject to the limitation on appropriations contained in this section:
(a) Appropriations for the construction or
acquisition of assets that are financed by state bonds, certificates of
participation or other forms of borrowing.
(b) Appropriations of moneys received
directly or indirectly from the federal government.
(c) Appropriations for fee remission
programs of the Department of Higher Education.
(d) Appropriations of moneys voluntarily
donated to a state agency.
(e) Appropriations of moneys from revenue
increases or new revenue sources if the increases or sources result from
approval of a measure by the people at an election held on or after August 10,
2001.
(f) Appropriations to fund new programs or
to increase funding for existing programs if the need for new or increased
funding results from approval of a measure by the people at an election held on
or after August 10, 2001.
(5) The limitation on appropriations
established by this section may be exceeded for a biennium if the Governor
declares an emergency and three-fifths of the members serving in each house of
the Legislative Assembly affirmatively vote to exceed the limitation for the
biennium. [2001 c.956 §1]
Note: 291.357 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 291 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
291.358 [Renumbered 293.120]
291.360 [Renumbered 293.125]
291.362 [Renumbered 293.130]
291.364 [Renumbered 293.135]
291.366 [Renumbered 293.140]
291.368 [Renumbered 293.145]
291.370 [Renumbered 293.150]
LEGISLATIVE
REVIEW
291.371
Salary plan review by legislative review agency; approval for position
reallocation; Human Services and Corrections Departments to submit special
reports; transfer of vacant position authority. (1) As used in this section, legislative
review agency means the Joint Committee on Ways and Means during the period
when the Legislative Assembly is in session and the Emergency Board during the
interim period between sessions.
(2) Prior to making any changes in a
salary plan, the Oregon Department of Administrative Services shall submit the
proposed changes to the legislative review agency.
(3)(a) The Oregon Department of
Administrative Services may approve the reallocation of positions or the
establishment of new positions not specifically provided for in the budget of
the affected agency if it finds that the proposed change:
(A) Can be financed by the agency within
the limits of its biennial budget and legislatively approved program;
(B) Will not produce future budgetary
increases; and
(C) Conforms to legislatively approved
salary policies.
(b) Proposed changes not meeting the
requirements of paragraph (a) of this subsection shall be presented to the
legislative review agency.
(4) Agencies within the Department of
Human Services and the Department of Corrections shall report on a biennial
basis to the legislative review agency. Each report shall include the number of
vacant budgeted positions, including all job categories and classifications,
within the agency. The legislative review agency shall order the reporting
agency to show cause why the budgeted positions have not been filled and shall
assess fully the impact the vacancies have on:
(a) The agencys delivery of services,
accounting for any seasonal fluctuation in the need for those services;
(b) The agencys budget due to increased
use of overtime;
(c) The agencys use of temporary
employees; and
(d) Employee workload.
(5) It is declared to be the policy of
this state that the total personal services, budget and full-time equivalent
positions approved for any state agency shall be the maximum amount necessary
to meet the requirements of the agency for the biennium. Notwithstanding ORS
291.232 to 291.260, the Governor and the Oregon Department of Administrative
Services may transfer vacant position authority among and within state agencies
to achieve maximum utilization of authorized positions within agencies. [1973
c.49 §1; 1985 c.713 §1; 1989 c.960 §1; 1993 c.724 §13; 1995 c.452 §16]
291.372 [Renumbered 293.155]
291.373
Agency report to legislative committees of substantive program changes; rules. (1) As used in this section, state agency
has the meaning given that term in ORS 291.002.
(2) A state agency shall report, as
provided in this section, to the appropriate committee of the Legislative
Assembly if the agency makes substantive changes in programs after the agencys
budget is approved by the Legislative Assembly.
(3) The Oregon Department of
Administrative Services shall adopt rules defining what constitutes a
substantive program change for purposes of this section. When an agency has
made a substantive program change as defined by the department, the agency
shall notify the department of the change. The department shall notify the
Speaker of the House of Representatives and the President of the Senate of
substantive program changes made by state agencies.
(4) Based upon information submitted by
the Oregon Department of Administrative Services under subsection (3) of this
section, the Speaker of the House of Representatives and the President of the
Senate shall determine which committee is appropriate for each report that is
to be made under subsection (2) of this section.
(5) A committee to which a report is to be
made under subsection (2) of this section may request that the report be made
orally or in writing.
(6) An agency need not report to a
committee under subsection (2) of this section on any matter that the agency is
required by ORS 291.371, 291.375 and 291.385 to report or present to the
Emergency Board or to the Joint Committee on Ways and Means. [2001 c.425 §2]
291.374 [Amended by 1955 c.133 §1; 1955 c.672 §1;
1957 c.460 §1; 1959 c.686 §39; 1961 c.268 §13; 1961 c.485 §27; renumbered
293.160]
291.375
Legislative review of applications for federal financial assistance;
submission, approval required; exemptions. (1) Prior to the submission of any application for financial
assistance or grants from the
(a) If the application is to be submitted
to the federal government when the Legislative Assembly is in session, the
application shall be submitted to the Joint Committee on Ways and Means for
review.
(b) If the application is to be submitted
to the federal government when the Legislative Assembly is not in session, the
application shall be submitted to the Emergency Board or to the interim Joint
Committee on Ways and Means for review.
(2) If the legislative agency authorized
under subsection (1) of this section to review applications described therein
approves the application, it may be submitted to the appropriate federal
agency. If the legislative agency disapproves of the application, it shall not
be submitted to any federal agency unless it is or can be modified to meet the
objections of the legislative agency.
(3) Notwithstanding subsection (1) of this
section, the Joint Committee on Ways and Means and the Emergency Board may
exempt any state agency from the requirements of this section. Project grants
for departmental research, organized activities related to instruction,
sponsored research or other sponsored programs carried on within the Department
of Higher Education, for which no biennial expenditure limitations have been
established, are exempt from the requirements of this section.
(4) The review required by this section is
in addition to and not in lieu of the requirements of ORS 293.550. [1973 c.44 §1;
2007 c.911 §9]
291.376 [Renumbered 291.307]
291.378 [Amended by 1961 c.590 §1; renumbered
293.165]
291.380 [Amended by 1961 c.590 §2; renumbered
293.170]
291.385
Use of certain federal moneys for employment; legislative approval. Expenditures of moneys available to this
state or any agency thereof under the Emergency Job and Unemployment Assistance
Act of 1974 (Public Law 93-567), and the Emergency Jobs Program Extension Act
of 1976 (Public Law 94-444), as amended, are not limited by fixed sum appropriations
or expenditure limitations imposed for the biennium beginning July 1, 1977, if
authorized by the Joint Committee on Ways and Means after March 1, 1979.
However, positions added under the provisions of the federal enabling
legislation are subject to approval of the Emergency Board during the interim
between sessions of the Legislative Assembly and by the Joint Committee on Ways
and Means during a session of the Legislative Assembly. [1977 c.85 §1; 1979
c.93 §1; 1985 c.565 §46]
Note: 291.385 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 291 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
291.402 [Renumbered 293.205]
291.404 [Renumbered 293.210]
MASS TRANSIT
ASSESSMENT
291.405
Assessment of state agencies for mass transit purposes; rates. (1) This section and ORS 291.407 allow the
Oregon Department of Administrative Services to assess state agencies and to
provide moneys from the assessments to mass transit districts, established
under ORS 267.010 to 267.390, transportation districts, established under ORS
267.510 to 267.650, and service districts, established under ORS 451.410 to
451.610 to provide public transportation services, as reimbursement for the
benefit that state government receives from the districts.
(2) State agencies subject to assessment
under this section include every state officer, board, commission, department,
institution, branch or agency of the state whose costs are paid wholly or in
part from funds held in the State Treasury, and include the Legislative
Assembly, the state courts and their officers and committees.
(3) If the Oregon Department of
Administrative Services elects to pay moneys to districts under this section
and ORS 291.407, the department shall do the following:
(a) Determine what services performed for
subject state agencies will be subject to assessment under this section;
(b) Determine which subject agencies have
employees within each district who are performing the subject services;
(c) Determine the amount of wages paid to
the agency employees for performing the subject services within each district;
and
(d) Establish a rate of assessment of not
more than six-tenths of one percent of the total amount of the wages determined
under this subsection.
(4) When determining under subsection
(3)(c) of this section the total amount of wages paid to agency employees for
performing subject services within each district, the Oregon Department of Administrative
Services shall include wages that are paid from federal funds only to the
extent the assessment on those wages is authorized to be paid under federal
regulations.
(5) Notwithstanding any other provision of
this section, the Oregon Department of Administrative Services shall not
establish rates or impose assessments under this section that exceed the
following:
(a) The Oregon Department of
Administrative Services shall not assess more from an agency than the
Legislative Assembly provides the agency for purposes of this section, either
directly or indirectly through its approval of budgets or through the Emergency
Board, if the agency budget is approved by the Legislative Assembly from
General Fund moneys.
(b) If an agency is an agency other than
one described in paragraph (a) of this subsection, the Oregon Department of
Administrative Services shall not assess moneys from the agency at a greater
rate than the rate applicable to an agency described in paragraph (a) of this
subsection.
(6) At any time it determines appropriate,
the Oregon Department of Administrative Services may:
(a) Redetermine any factors necessary to
perform its duties under this section; or
(b) Vary the rate under this section
within the limits established under this section.
(7) After making determinations and
establishing a rate under this section, the Oregon Department of Administrative
Services may direct the assessment against the payrolls of subject agencies at
the rate established by the department. All moneys assessed under this section
shall be promptly forwarded to the Oregon Department of Administrative
Services. Assessments under this section are administrative expenses of an
agency, as defined in ORS 291.305.
(8) The Oregon Department of
Administrative Services shall pay any moneys it receives under this section to
the State Treasurer for deposit in the account established under ORS 291.407
for use as provided in that section. [1981 c.788 §1; 1997 c.60 §1; 2003 c.51 §1]
Note: 291.405 and 291.407 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
291 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
291.406 [Renumbered 293.215]
291.407
Mass Transit Assistance Account; source; distribution; assistance of Department
of Transportation; exemption from parking code requirements. (1) The Mass Transit Assistance Account is
established in the General Fund of the State Treasury. The account shall
consist of moneys deposited in the account under ORS 291.405 and as otherwise
provided by law. The moneys in the account are continuously appropriated to the
Oregon Department of Administrative Services to be used as provided in this
section.
(2) The Oregon Department of
Administrative Services shall distribute moneys from the account established
under this section to districts described in ORS 291.405 on the last day of
each calendar quarter. Subject to the limitations in this section, the amount
distributed to each district shall be equal to the total assessments received
by the department during the immediate preceding three months under ORS 291.405
from agencies with employees performing subject services within that district.
(3) Distributions under this section are
subject to the following limitations:
(a) Except for newly formed districts, the
Oregon Department of Administrative Services shall not distribute to a district
during a calendar year an amount that exceeds the amount received by the
district under the districts own taxes during the immediate preceding fiscal
year of the district.
(b) The Oregon Department of
Administrative Services shall not distribute to a newly formed district during
a calendar year an amount that exceeds the amount the budget approved by the
district board proposes as revenue for the district from the districts own
taxes during the current fiscal year of the district. If the district does not
collect the proposed amount, the department shall make adjustments in the
distributions during subsequent years to recover any amount paid under this
section that is over the amount the district actually received under the
districts own taxes.
(4) The limitations imposed under this
section that are based on amounts received by a district under its own taxes do
not include amounts received by the district from farebox revenues, federal
moneys, state moneys, gifts, investments, bonds or similar moneys received by
the district.
(5) The Department of Transportation shall
provide the Oregon Department of Administrative Services with any information
concerning a mass transit district or transportation district that the Oregon
Department of Administrative Services determines necessary for the performance
of its duties under this section and ORS 291.405. The Department of
Transportation shall provide the information in the form and at times
determined by the Oregon Department of Administrative Services.
(6) In exchange for payments authorized
under this section to transit districts, the State of Oregon and its agencies
shall be exempt from any parking code requirements for existing state-owned
buildings, construction of new state buildings or the renovation of existing
state buildings, which have been or may be established by any political subdivision
within the boundaries of a transit district receiving such payments. [1981
c.788 §2]
Note: See note under 291.405.
291.408 [Amended by 1959 c.258 §1; renumbered
293.220]
291.410 [Renumbered 293.225]
291.432 [Renumbered 293.255]
291.434 [Renumbered 293.260]
291.436 [Renumbered 293.265]
291.438 [Renumbered 293.270]
291.440 [Renumbered 293.275]
291.442 [Renumbered 293.280]
291.443 [1959 c.668 §2; renumbered 293.285]
291.444 [Renumbered 293.290]
PROCEDURE FOR
DETERMINING WHETHER STATE PROPERTY TAX LEVY NECESSARY
291.445
Certificate of state agency that issues general obligation bonds; certificate
of state tax levy if required; effect of reduction in General Fund
appropriations on debt service appropriations. (1) Before July 1 of each fiscal year, the
Oregon Department of Administrative Services shall request from the appropriate
state agency a certificate as prescribed in this section. The request shall be
made by letter to the agency.
(2) Each state agency authorized to issue
general obligation bonds that are ordinarily to be repaid from other than
General Fund appropriations shall, on or before August 15 of each fiscal year:
(a) Certify to the Director of the Oregon
Department of Administrative Services that the amounts available or that will
become available during the current year to the bond program debt service fund
to pay bond principal and interest that has accrued or will accrue during the
current year are sufficient and will be sufficient to pay bond program
principal and interest scheduled for payment during the current year; or
(b) Certify to the Director of the Oregon
Department of Administrative Services that the amounts available or that will
become available during the current year to the bond program debt service fund will
not be sufficient to pay bond program principal and interest scheduled for
payment during the current year. A certificate issued under this paragraph
shall specify the amount of the anticipated current year deficit. The Director
of the Oregon Department of Administrative Services shall review and confirm
the correctness of each certification made under this paragraph.
(3) On or before August 15 of each fiscal
year, the administrative division of the Oregon Department of Administrative
Services that has primary responsibility for accounting for each general
obligation bond program in which the bond principal and interest is ordinarily
to be repaid from General Fund appropriations shall:
(a) Certify to the Director of the Oregon
Department of Administrative Services that the amounts available or that will
become available during the current year from General Fund appropriations to
defray program bond principal and interest that has accrued or will accrue
during the current year are sufficient and will be sufficient to pay program
bond principal and interest scheduled for payment during the current year; or
(b) Certify to the Director of the Oregon
Department of Administrative Services that the amounts available or that will
become available during the current year from General Fund appropriations will
not be sufficient to pay program bond principal and interest scheduled for
payment during the current year. A certificate issued under this paragraph
shall specify the amount of the anticipated current year deficit.
(4)(a) If a deficit in funds available to
pay principal and interest in any general obligation bond program is certified
and confirmed under subsection (2) or certified under subsection (3) of this
section, the amount of the deficit, together with any deficit that is certified
for any other general obligation bond program shall upon certification
constitute a state tax levy on property that shall be apportioned among and
charged to the several counties in that proportion which the total assessed value
of all the taxable property in each county bears to the total assessed value of
all the taxable property of the state as equalized.
(b) If any agency fails to make the
certification under subsection (2) or (3) of this section with respect to any
general obligation bond fund program, the Oregon Department of Administrative
Services shall determine the amount of revenue and other funds that are
available and the amount of taxes, if any, that should be levied in addition to
the revenues and funds, to pay bond principal and interest under the program
for the fiscal year in question. The additional amount so determined shall
thereupon constitute a state tax levy on property that shall be apportioned,
certified, collected and distributed as if determined and certified as a
deficit by the agency. The Oregon Department of Administrative Services shall
charge the agency for cost recovery for time spent on that agencys behalf.
(5) Immediately after the department has
determined the amount of a state tax levy on property in accordance with
subsection (4) of this section, a certificate of levy, signed by the director
of the department, shall be filed in the office of the department. If no state
levy is required for the fiscal or tax year, a certificate so stating and
signed by the director shall be filed in the office of the department.
(6) If, for any reason, after the close of
any regular biennial session of the Legislative Assembly, it becomes necessary
to reduce General Fund appropriations, General Fund appropriations for a debt
service fund of a general obligation bond program described under subsection
(3) of this section may not be reduced.
(7) For purposes of this section:
(a) State agencies that are authorized to
issue general obligation bonds ordinarily to be repaid from other than General
Fund appropriations include but are not limited to:
(A) The Director of Veterans Affairs, as
authorized by Article XI-A of the Oregon Constitution and ORS chapter 407
(veterans loans).
(B) The State Board of Higher Education,
as authorized by Article XI-F(1) of the Oregon Constitution and ORS 351.350
(building projects).
(C) The Department of Environmental
Quality, as authorized by Article XI-H of the Oregon Constitution and ORS
468.195 to 468.260 (pollution control).
(D) The Water Resources Commission and the
Water Resources Director, as authorized by Article XI-I(1) of the Oregon
Constitution and ORS 541.700 to 541.855 (water development).
(E) The Housing Agency, as authorized by
Article XI-I(2) of the Oregon Constitution and ORS 456.515 to 456.725 and
458.505 to 458.515 (housing).
(F) The Director of the State Department
of Energy, as authorized by Article XI-J of the Oregon Constitution and ORS
470.220 to 470.290 (small scale energy projects).
(G) Other agencies as required by the
Oregon Department of Administrative Services by rule adopted using the
criterion of this subsection.
(b) Each agency authorized to issue
general obligation bonds that are ordinarily to be repaid from other than
General Fund appropriations shall determine the amount of revenues or other
funds that are available and the amount of taxes, if any, that should be levied
for the ensuing year in the manner required under rules adopted by the Oregon
Department of Administrative Services and make the certification required under
subsection (2) of this section.
(8)(a) State agencies that are authorized
to issue general obligation bonds that are ordinarily to be repaid from General
Fund appropriations include but are not limited to:
(A) The State Board of Forestry and the
State Forester, as authorized by Article XI-E of the Oregon Constitution and
ORS 530.210 to 530.280 (state reforestation).
(B) The State Board of Higher Education,
as authorized by Article XI-G of the Oregon Constitution and ORS 351.345
(higher education and community colleges).
(C) Other agencies as required by the
Oregon Department of Administrative Services by rule adopted using the
criterion of this subsection.
(b) Each agency authorized to issue
general obligation bonds ordinarily to be repaid from General Fund
appropriations shall furnish any data required by the Oregon Department of
Administrative Services to determine the amount of revenues or other funds that
are available and the amount of taxes, if any, that should be levied for the
ensuing year and the administrative division of the Oregon Department of
Administrative Services that has primary responsibility for accounting shall
make the determination for purposes of the making of the certification required
under subsection (3) of this section. [Formerly 291.344; 1999 c.59 §75; 2005
c.22 §214; 2005 c.625 §73]
291.462 [Amended by 1957 c.138 §1; 1963 c.57 §1;
renumbered 293.305]
291.464 [Renumbered 293.310]
291.466 [Renumbered 293.315]
291.468 [Renumbered 293.320]
291.470 [Renumbered 293.325]
291.472 [Renumbered 293.330]
291.473 [1961 c.167 §16; renumbered 293.335]
291.474 [Renumbered 293.340]
291.476 [Renumbered 293.345]
291.478 [Renumbered 293.350]
291.480 [1955 c.261 §2; renumbered 293.355 and then
293.375]
291.492 [Renumbered 293.405]
291.494 [Renumbered 293.410]
291.496 [Renumbered 293.415]
291.498 [Renumbered 293.420]
291.500 [Renumbered 293.425]
291.502 [Renumbered 293.430]
291.504 [Renumbered 293.435]
291.506 [Renumbered 293.440]
291.508 [Amended by 1957 c.332 §1; renumbered
293.445]
291.510 [Renumbered 293.450]
291.512 [Renumbered 293.455]
291.514 [Renumbered 293.460]
291.516 [Amended by 1959 c.410 §8; 1959 c.543 §1;
renumbered 293.465]
291.518 [Amended by 1959 c.543 §5; 1961 c.77 §1;
renumbered 293.470]
291.520 [Amended by 1959 c.543 §2; 1961 c.77 §2;
renumbered 293.475]
291.522 [Amended by 1959 c.543 §3; renumbered
293.480]
291.524 [Renumbered 293.485]
291.526 [Amended by 1955 c.316 §1; renumbered
293.490]
291.528 [Amended by 1955 c.316 §2; 1959 c.543 §4;
renumbered 293.495]
291.530 [Amended by 1955 c.316 §3; renumbered
293.500]
291.532 [Renumbered 293.555]
291.534 [Renumbered 293.560]
291.536 [Renumbered 293.565]
291.538 [Renumbered 293.570]
291.540 [Formerly 606.220; renumbered 293.575]
291.548 [1957 c.139 §§1, 2; 1959 c.682 §1;
renumbered 293.180]
291.552 [Renumbered 293.605]
291.554 [Renumbered 293.610]
291.556 [Renumbered 293.615]
291.558 [Renumbered 291.022]
291.560 [Renumbered 291.024]
291.562 [Renumbered 291.026]
291.564 [Renumbered 293.620]
291.566 [Renumbered 293.625]
291.568 [Renumbered 293.630]
291.570 [Renumbered 293.635]
291.572 [Renumbered 293.640]
291.574 [Renumbered 293.645]
291.575 [1959 c.259 §1; renumbered 293.650]
291.576 [Amended by 1959 c.34 §1; renumbered
293.655]
291.578 [Amended by 1955 c.251 §1; renumbered
293.660]
291.602 [Repealed by 1959 c.157 §10]
291.604 [Amended by 1957 c.371 §1; renumbered
293.705]
291.606 [Amended by 1953 c.706 §2; 1957 c.371 §2;
1961 c.393 §1; 1963 c.520 §1; renumbered 293.710]
291.607 [1959 c.660 §14; 1961 c.508 §10; renumbered
293.715]
291.608 [Renumbered 293.720]
291.610 [Renumbered 293.735]
291.611 [1959 c.157 §3; renumbered 293.740]
291.612 [Amended by 1953 c.706 §2; 1957 c.371 §3;
1959 c.245 §1; 1961 c.375 §1; renumbered 293.745]
291.613 [1957 c.371 §4; renumbered 293.750]
291.614 [Renumbered 293.755]
291.616 [Renumbered 293.760]
291.618 [Renumbered 293.765]
291.620 [Renumbered 293.770]
291.622 [Repealed by 1953 c.530 §2]
291.624 [Repealed by 1953 c.530 §2]
291.630 [1957 c.330 §1; renumbered 293.790]
291.652 [Renumbered 283.210]
291.654 [Renumbered 283.220]
291.656 [Amended by 1953 c.60 §5; 1957 c.202 §2;
1961 c.167 §34; 1965 c.365 §7; renumbered 283.230]
291.658 [Amended by 1953 c.59 §2; 1957 c.202 §3;
1961 c.167 §35; 1965 c.365 §8; 1967 c.419 §44; renumbered 283.110]
291.659 [1961 c.167 §36; renumbered 283.130]
291.660 [Amended by 1959 c.662 §4; 1965 c.365 §9;
renumbered 283.140]
291.662 [Amended by 1959 c.662 §5; 1965 c.365 §10;
renumbered 283.150]
291.664 [Amended by 1959 c.662 §6; 1965 c.365 §11;
renumbered 283.160]
291.666 [1953 c.61 §1; 1957 c.202 §4; renumbered
283.240]
291.668 [1953 c.61 §2; repealed by 1957 c.202 §6]
291.670 [1957 c.202 §7; 1965 c.365 §12; 1967 c.419 §45;
renumbered 283.120]
291.678 [1957 c.202 §1; subsection (2) of 1965
Replacement Part enacted as 1963 c.182 §4; 1965 c.351 §3; renumbered 283.250]
291.702 [Amended by 1961 c.167 §37; renumbered
283.305]
291.704 [Renumbered 283.310]
291.706 [Renumbered 283.315]
291.708 [Amended by 1959 c.662 §19; 1967 c.419 §42;
renumbered 283.320]
291.710 [Renumbered 283.325]
291.712 [Renumbered 283.330]
291.714 [Renumbered 283.335]
291.716 [Renumbered 283.340]
291.718 [Renumbered 283.345]
291.720 [Amended by 1953 c.603 §4; 1955 c.46 §1;
1959 c.662 §17; renumbered 283.350]
291.722 [Amended by 1959 c.662 §20; renumbered
283.355]
291.724 [Amended by 1955 c.260 §1; renumbered 283.390]
291.726 [Renumbered 283.395]
PENALTIES
291.990
Penalties. (1) Any person
who makes or orders or votes to make any expenditure in violation of any of the
provisions of the statutes listed in subsection (5) of this section, or who
makes or authorizes or causes to be made any disbursement of funds from the
State Treasury in violation of any of the provisions of the statutes listed in
subsection (5) of this section, commits a violation and shall, upon conviction,
be punished by a fine of not less than $500 nor more than $3,000.
(2) If any person incurs or orders or
votes to incur an obligation in violation of any of the provisions of the
statutes listed in subsection (5) of this section, the person and the sureties
on the bond of the person shall be jointly and severally liable therefor to the
person in whose favor the obligation was incurred.
(3) Upon certification by the Oregon
Department of Administrative Services that any state officer or employee of a
state agency has failed or refused to comply with any order, rule or regulation
made by the department in accordance with any of the provisions of the statutes
listed in subsection (5) of this section, the salary of the officer or employee
may not be paid until the order, rule or regulation is complied with.
(4) Any violation of a provision of a
statute listed in subsection (5) of this section for which no other penalty is
provided in this section is a Class A violation.
(5) Subsections (1) to (4) of this section
apply to ORS 279A.140, 279A.280, 279B.270, 283.020, 283.110, 283.140 to
283.160, 283.305 to 283.390, 291.001 to 291.034, 291.201 to 291.222, 291.232 to
291.260, 291.307, 292.220 and 292.230. [Amended by 1953 c.530 §2; 1955 c.260 §2;
subsections (2) and (3) of 1961 Replacement Part renumbered 293.990; 1967 c.419
§14; subsection (2) of 1965 Replacement Part renumbered 283.990; 1993 c.500 §44;
1997 c.249 §89; 1999 c.1051 §172; 2003 c.794 §246; 2005 c.121 §1]
_______________
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