US Laws, Codes, Statutes & Cases

Chapter 293 — Administration of Public Funds

 

2005 EDITION

 

 

ADMINISTRATION OF PUBLIC FUNDS

 

PUBLIC FINANCIAL ADMINISTRATION

 

GENERAL PROVISIONS

 

293.075     Encumbrances; rules

 

GIFTS, DEVISES AND BEQUESTS

 

293.090     Disposition of gift, devise or bequest to state or state agency

 

293.095     Effect of change in organization of state agencies on gifts, devises and bequests

 

GENERAL FUND; OTHER STATE FUNDS

 

(Generally)

 

293.105     General Fund

 

293.110     Certain funds as part of General Fund

 

293.115     Moneys separate and distinct from General Fund

 

293.117     Trust fund; continuous appropriation

 

293.125     Department to make accounting entries and charge claims against special dedicated funds

 

293.130     Information required on records of moneys deposited

 

293.135     Payment of warrants against certain special funds

 

293.140     Disposition of interest on state funds

 

(Deficiencies)

 

293.165     Borrowing to pay warrants against General Fund

 

293.167     Proceeding when warrants not paid for want of funds

 

293.169     Notification to agency to stop issuing checks or warrants or initiating electronic funds transfers; resumption of checks, warrants or electronic funds transfers

 

293.171     State agency overdrafts; interest

 

293.173     Issuing obligations to pay current expenses of state; pledge of tax revenues and full faith and credit; use of moneys

 

293.175     Short Term Borrowing Account; sources; uses

 

293.177     Report by State Treasurer on amount of obligations issued, amounts repaid, other costs

 

(Petty Cash)

 

293.180     Agency petty cash fund

 

(Reversion)

 

293.190     Reversion of appropriations to General Fund; cancellation of budget limitations; rules; exceptions; extensions

 

TRANSFERS TO FUNDS HAVING INSUFFICIENT MONEY

 

293.205     Definitions for ORS 293.205 to 293.225

 

293.210     Transfer and retransfer of money and credit among state funds

 

293.212     When transfers to funds with insufficient moneys are authorized

 

293.214     Lines of credit for state agency; duration; source of funding

 

293.215     Evidencing transfers and retransfers; notification of transfer

 

293.220     Interest on transferred moneys or credits

 

293.225     Construction of ORS 293.205 to 293.220

 

COLLECTION OF DEBTS OWED TO STATE AGENCIES

 

293.227     Definitions for ORS 293.227 to 293.233

 

293.229     Liquidated and delinquent accounts of state agency; annual reports

 

293.231     Collection of liquidated and delinquent accounts by private collection agency or Department of Revenue; rules; fee added to debt

 

293.233     Exemption of accounts from assignment to private collection agency; rules

 

UNCOLLECTIBLE DEBTS

 

293.235     “State agency” defined for ORS 293.240 and 293.245

 

293.240     Writing off uncollectible debts due state agency

 

293.245     Subsequent collection of debt written off under ORS 293.240

 

RECEIVING AND HANDLING MONEYS

 

293.250     Collections Unit; collection and disposition of amounts due state agencies or counties; setoff of sums due debtor; warrants

 

293.260     Collection of moneys and property due to state

 

293.262     Requiring information regarding accounts; reference to legislature

 

293.265     Moneys collected to be turned over to State Treasurer; return of checks or money orders; maximum amount returned set by rule; effect of indorsement “paid in full”

 

293.270     Record of moneys deposited under ORS 293.265; interest

 

293.275     Disbursement of moneys

 

293.280     Application of ORS 293.265 to 293.275

 

293.285     Transfers between funds, accounts or appropriations authorized for certain interagency and intergovernmental payments

 

293.292     Payment for expenses incurred in bond sales

 

293.293     Funds held in trust by court

 

APPROVING AND PAYING CLAIMS

 

(Approval)

 

293.295     When claim against moneys in State Treasury may be paid

 

293.300     No claim to be paid if disapproved by department; exceptions

 

293.306     Forms and procedures for claims, warrants, checks and orders; notice of two-year cancellation

 

293.311     Requiring information regarding claims

 

293.316     Appeal of disputed claim

 

293.321     Limitation on time of presentment of claims

 

293.326     When claim allowed against state as setoff

 

293.330     Designation of officer by state agency to approve disbursements

 

293.335     Designation of individual by legislative committee to approve disbursements

 

293.341     References to voucher claims as references to disbursements; filing designations with department

 

293.346     Drawing warrants

 

293.348     Charging and billing state agencies for expense of drawing and processing warrants

 

293.353     Payment for expense of processing banking-related transactions

 

293.370     Use of facsimile signatures by department and state agencies

 

293.375     Use of facsimile signatures by state officers and employees

 

(Payment)

 

293.406     Payment by State Treasurer; effect of issuance of check or warrant or initiation of electronic funds transfer by state officer

 

293.445     Definition for ORS 293.445 to 293.460; authority to make refunds; moneys held for refund or payment to claimants; deposit; rules; drawing checks

 

293.447     Establishment of accounts for purposes other than those in ORS 293.445 authorized; rules

 

293.450     Report of checks outstanding more than two years

 

293.455     Refusal of payment of unpresented checks; duties of State Treasurer in transferring funds; report to Department of State Lands

 

293.460     Recourse of owners of unpaid checks

 

293.462     Payment of overdue account charges; rules

 

(Duplicate Instruments)

 

293.465     Definitions for ORS 293.465 to 293.485; presentation of instrument for payment

 

293.470     Payment on lost, stolen or destroyed instruments; indemnity bonds not required

 

293.475     Issuance of duplicate instrument; affidavit of owner, payee or representative

 

293.480     Adoption of uniform procedure for issuing duplicate instruments

 

293.485     Effect of wrongful payment; liability of officer

 

(Death of Payee)

 

293.490     Payment upon death of person entitled to money from state if estate not in probate

 

293.495     Procedure for payment

 

293.500     Probate proceedings unnecessary; accounting to administrator

 

(Auditor of Public Accounts)

 

293.505     Secretary of State as Auditor of Public Accounts; claim disapproved in performance of constitutional functions not to be paid

 

293.510     Presentment of claims to Secretary of State not required

 

293.515     Withholding salary of state official or employee failing to settle accounts or correct delinquencies or errors in audit reports; notice and hearing; exemptions

 

ELECTRONIC FUNDS TRANSFERS

 

293.525     Payments to and by state agencies by electronic funds transfers; rules; penalty for failure to comply

 

ACCOUNTS FOR TOBACCO SETTLEMENT MONEYS

 

293.537     Tobacco Settlement Funds Account; sources; uses; investment

 

293.540     Health Care Trust Fund; sources; uses; investment

 

DISTRIBUTING CERTAIN FEDERAL MONEYS

 

293.550     Receipt and disposition generally of federal aid moneys; deposit in special fund

 

293.555     Receipt and disposition of moneys received from federal government in lieu of ad valorem property taxes

 

293.560     Apportionment among counties of moneys received from federal government from forest reserves

 

293.565     Apportionment among counties of moneys received from federal government under Mineral Lands Leasing Act; Federal Mineral Leases Fund

 

293.570     Apportionment among counties of moneys received from federal government under federal Flood Control Act; Federal Flood Control Leases Fund

 

293.575     Distribution of funds received under the Taylor Grazing Act; Taylor Grazing Fund

 

Note          Distribution of moneys from federal Secure Rural Schools and Community Self-Determination Act--2001 c.958 §§1,2

 

ACCOUNTING AND FISCAL REPORTING

 

293.590     Department to supervise state agency accounting; furnishing accounting services

 

293.595     Supervision of data processing equipment for accounting system; other uses

 

293.600     Financial and statistical reports by state agencies

 

293.605     Fiscal year

 

293.611     Accounts and records of Secretary of State as Auditor of Public Accounts

 

293.616     Accounts and records of State Treasurer

 

293.620     Monthly account of and payment by custodians of state property

 

293.625     Statements to be rendered to Secretary of State

 

293.630     Date for closing accounts by persons who must make annual accounts

 

293.640     Period covered by biennial reports

 

293.660     Determining date of filing or receipt of reports, claims, tax returns or remittances

 

INVESTING STATE FUNDS

 

293.701     Definitions for ORS 293.701 to 293.820

 

293.706     Oregon Investment Council; appointment; term; vacancies

 

293.708     Conflicts of interest for council members

 

293.711     Compensation and expenses of council members; chairperson

 

293.713     When compensation of council member as director of business prohibited

 

293.714     Council meetings; recordings; logs

 

293.716     State Treasurer is investment officer for council; subordinate personnel; bonds

 

293.718     Payment of expenses of State Treasurer

 

293.721     General objective of investments

 

293.726     Standard of judgment and care in investments; investment in corporate stock

 

293.731     Council to formulate and review investment policies; exception

 

293.733     Venture capital investments; council’s duty

 

293.734     Report on venture capital investments

 

293.736     Duties of investment officer

 

293.741     Council may contract with others to perform investment officer functions; compensation; bond

 

293.746     Opinion of bond attorney or Attorney General; investment counseling and mortgage services

 

293.751     Custody of title instruments; deposit for safekeeping; form; collection and disposition of principal and interest; default proceedings

 

293.756     Separate accounting for funds

 

293.761     Reports by investment officer with respect to funds

 

293.766     Monthly reports by investment officer to council

 

293.771     Reports by council to Governor and legislature

 

293.776     Examination and audit of investment program; report

 

293.778     Investment holding companies; use; directors and officers; effect of conflict of interests

 

293.780     Group annuity contracts with insurers on behalf of Public Employees Retirement System and Board

 

293.790     Holding, investing and disposing of corporate stock

 

293.796     Findings regarding venture capital for new businesses

 

INVESTING IN SUDAN

 

293.811     Short title

 

293.812     Definitions

 

293.813     Findings

 

293.814     Investment in companies doing business in Sudan; divestment and reinvestment

 

293.815     Investigation of companies; notice of withdrawal of investments

 

293.816     Exceptions

 

293.817     Report to Legislative Assembly

 

INVESTING LOCAL FUNDS

 

293.820     Separate accounts for each local government; report; investment rules

 

INVESTMENT POOLS

 

293.822     Investment pools authorized

 

293.824     Investment pool procedures; duties of State Treasurer

 

CASH MANAGEMENT

 

293.875     State Treasurer as state cash management officer; duties

 

293.880     Accounts and funds established to comply with federal legislation relating to state and federal cash management reform

 

PENALTIES

 

293.990     Penalties

 

GENERAL PROVISIONS

 

      293.075 Encumbrances; rules. The Oregon Department of Administrative Services may adopt rules and regulations defining “encumbrances” as used in ORS chapters 291, 292 and 293 and the manner in which they are to be charged to appropriations and expenditure limitations. [1971 c.341 §2]

 

GIFTS, DEVISES AND BEQUESTS

 

      293.090 Disposition of gift, devise or bequest to state or state agency. All property given, devised or bequeathed to the State of Oregon or to any state agency as defined in ORS 293.235 shall belong to the state and shall be devoted to the agency or purpose specified in the terms of the gift, devise or bequest. A grant to a particular agency, not otherwise specifying the purpose of the grant, shall be deemed made for the purpose of carrying out any function with which the agency is charged by law at the time the grant is made. When the grant is not made to a specific agency or the purpose of the grant is not otherwise stated, title thereto and the proceeds therefrom shall become a part of the Common School Fund, to be administered in accordance with Article VIII of the Oregon Constitution. [1979 c.143 §1]

 

      Note: 293.090 and 293.095 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 293 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      293.095 Effect of change in organization of state agencies on gifts, devises and bequests. The state may abolish agencies, change or transfer agency functions or rename any state agency. Notwithstanding any such action, property acquired by the state through gift, devise or bequest, when the purpose of the grant is stated or implied as provided in ORS 293.090, shall continue to be used by any successor agency for the purpose specified. If property is held in trust, a change in agency name or transfer of agency functions, including administration of a trust, shall not be deemed a deviation from the terms of the trust. [1979 c.143 §2]

 

      Note: See note under 293.090.

 

GENERAL FUND; OTHER STATE FUNDS

 

(Generally)

 

      293.105 General Fund. Subject to ORS 293.115, the following moneys shall be placed by the State Treasurer to the credit of and shall constitute the General Fund of the State of Oregon:

      (1) All moneys arising from direct taxation and paid into the State Treasury by the several counties of the state.

      (2) All moneys arising from the imposition of any license or other fees for permission to transact any business in the state and paid into the State Treasury by any person, firm or corporation if the law imposing the fee specifically requires the moneys to be paid into the General Fund.

      (3) All moneys collected by any state officer, board, institution or commission or county officer for license or other fees exacted by law, and from sales of state products paid into the State Treasury if the law imposing the fee specifically requires the moneys to be paid into the General Fund. [Formerly 291.352; 2003 c.81 §1]

 

      293.110 Certain funds as part of General Fund. (1) All payments of money into the State Treasury by virtue of any statute providing for, creating, authorizing or continuing any of the funds and accounts enumerated in subsection (2) of this section shall be paid into and become a part of the General Fund.

      (2) The following funds and accounts shall be a part of the General Fund:

      (a) Forest Patrol Fund.

      (b) Motor Vehicle Fund.

      (c) State Institutional Betterment Fund.

      (d) Miscellaneous Receipts Account for the State Library.

      (e) State Library School Library Fund.

      (f) Administrative Services Economic Development Fund.

      (g) All other funds or accounts created by law that are specifically established in the law creating them as funds or accounts in the General Fund. [Formerly 291.354; 1977 c.886 §36; 1983 c.740 §82; 1985 c.302 §12; 1985 c.762 §181; 2001 c.104 §100; 2003 c.81 §2; 2005 c.726 §20]

 

      293.115 Moneys separate and distinct from General Fund. The following moneys shall be separate and distinct from the General Fund:

      (1) Moneys paid into the State Treasury for fiduciary purposes and moneys that are in trust funds, as defined in ORS 291.002.

      (2) Moneys by law directed and required to be placed by the State Treasurer to the credit of:

      (a) The Agricultural College Fund principal and the interest accruing from the investment thereof.

      (b) The Burbank Trust Fund and the interest accruing from the investment thereof.

      (c) The Common School Fund and the interest accruing from the investment thereof.

      (d) The Industrial Accident Fund under ORS 656.632 and the interest accruing from the investment thereof.

      (e) The Consumer and Business Services Fund under ORS 705.145 and the interest accruing from the investment thereof.

      (f) The Workers’ Benefit Fund created in ORS 656.605 and the interest accruing from the investment thereof.

      (g) The University Fund principal and the interest accruing from the investment thereof.

      (h) The University of Oregon Villard Endowment Interest Fund.

      (i) The Oregon Commercialized Research Fund created by ORS 284.725 and the interest accruing from the investment thereof.

      (j) The Oregon Innovation Fund created by ORS 284.720 and the interest accruing from the investment thereof.

      (3) All sums received by the state from the federal government from forest reserves, rentals, sales of timber and other sources from forest reserves, under ORS 293.560 and the interest accruing from the investment thereof.

      (4) All sums received from the five percentum of sales of public lands and apportioned under ORS 272.085 and the interest accruing from the investment thereof.

      (5) All sums received from the federal government under ORS 293.565 to 293.575 under Mineral Leasing Act, federal Flood Control Act and the Taylor Grazing Act and the interest accruing from the investment thereof.

      (6) Any other funds or accounts created by law that are not specifically established in the law creating them as funds or accounts in the General Fund. [Formerly 291.356; 1965 c.285 §79; 1981 c.787 §54; 1985 c.787 §2; 1987 c.373 §27; 1989 c.966 §19; 1995 c.641 §1; 2001 c.835 §§7,8; 2001 c.920 §10; 2003 c.81 §§3,4; 2005 c.748 §§13,14]

 

      293.117 Trust fund; continuous appropriation. (1) Moneys in a trust fund that are not otherwise appropriated by law are continuously appropriated to the agency that administers the trust in order to carry out the purposes of the trust.

      (2) As used in this section, “trust fund” has the meaning given that term in ORS 291.002. [2003 c.81 §5]

 

      Note: 293.117 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 293 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      293.120 [Formerly 291.358; repealed by 2003 c.81 §14]

 

      293.125 Department to make accounting entries and charge claims against special dedicated funds. The Oregon Department of Administrative Services shall, by appropriate entries made at monthly periods, credit the several objects with the amounts which may be received respectively from the several sources and charge against the same any claims incurred in pursuance of authority of law, in the same manner as is provided for the payment of claims against the state. [Formerly 291.360; 1967 c.454 §99]

 

      293.130 Information required on records of moneys deposited. The State Treasurer shall enter upon all records created by the State Treasurer for moneys paid into the State Treasury such necessary information as shall:

      (1) Enable the Oregon Department of Administrative Services to credit the moneys to a fund or account in such amounts as are applicable under the law.

      (2) Permit an appropriate accounting of the moneys. [Formerly 291.362; 1967 c.454 §100; 1969 c.141 §2; 1999 c.412 §1]

 

      293.135 Payment of warrants against certain special funds. All warrants issued against any special fund that is a part of the General Fund hereby are made payable out of the General Fund. Such payment shall be made by the State Treasurer to the holders of such warrants upon demand. [Formerly 291.364]

 

      293.140 Disposition of interest on state funds. Except as otherwise provided by law, all interest received on deposits of state funds shall accrue to and become a part of the General Fund. [Formerly 291.366; 1981 c.194 §1]

 

      293.145 [Formerly 291.368; repealed by 1967 c.637 §37]

 

      293.150 [Formerly 291.370; 1967 c.454 §101; repealed by 1967 c.637 §§37,38]

 

      293.155 [Formerly 291.372; repealed by 1967 c.637 §37]

 

      293.160 [Formerly 291.374; repealed by 1967 c.637 §37]

 

(Deficiencies)

 

      293.165 Borrowing to pay warrants against General Fund. (1) If the moneys in the General Fund become exhausted, the State Treasurer shall borrow from the most advantageous sources the amounts necessary to pay warrants drawn against the General Fund in pursuance of law, other than warrants drawn against funds whose use is restricted to particular purposes by the Constitution of Oregon or by federal law. The Governor, Secretary of State and State Treasurer, jointly, shall issue certificates of indebtedness therefor. The certificates shall draw interest not to exceed the legal rate of interest until redeemed. All certificates of indebtedness shall be redeemable by the State Treasurer from the first moneys regularly accruing and credited to the General Fund.

      (2) For the purposes of subsection (1) of this section, the moneys in the General Fund shall be deemed to be exhausted when there are no moneys remaining in the General Fund other than funds whose use is restricted to particular purposes by the Constitution of Oregon or by federal law. [Formerly 291.378; 1967 c.454 §102; 2003 c.81 §6]

 

      293.167 Proceeding when warrants not paid for want of funds. (1) For the purposes of this section:

      (a) Exhaustion of the General Fund has the meaning described in ORS 293.165 (2).

      (b) “Restricted fund” means a fund in the General Fund whose use is restricted to particular purposes by the Constitution of Oregon or by federal law.

      (2) Instead of paying warrants drawn on the General Fund, the State Treasurer shall indorse on the warrants the words “Not paid for want of funds” and shall register the warrants for future payment if:

      (a) The General Fund becomes exhausted after the State Treasurer has borrowed moneys as provided in ORS 293.165 and has made the transfers of surplus funds as provided in ORS 293.205 to 293.225; and

      (b) The Governor, the Secretary of State and the State Treasurer deem it necessary or advisable to refuse to pay the warrants and to register the warrants, and direct the State Treasurer to do so.

      (3) The State Treasurer shall register the warrants indorsed as provided in subsection (2) of this section by number and by date according to the date on which the warrants were presented for payment. All warrants so indorsed and registered shall thereafter become payable in full according to the date of registration, beginning with the earliest date. Warrants described in this subsection are payable only from moneys in the General Fund that are not in restricted funds.

      (4) Notwithstanding subsection (2) of this section, a warrant that is drawn against a restricted fund may be paid, even if the General Fund is exhausted, if there are sufficient moneys in the restricted fund to pay the warrant. The State Treasurer need not indorse or register a warrant paid under this subsection in the manner described in subsections (2) and (3) of this section.

      (5) Warrants that are registered under subsections (2) and (3) of this section shall draw interest payable from the General Fund, until called for payment by the State Treasurer, at the rate of five percent per year. The Oregon Department of Administrative Services shall determine the amount of interest payable on each warrant under this subsection and when and how the interest will be paid.

      (6) As funds for the payment of all the warrants registered on a particular date and of the interest thereon become available in the General Fund, the State Treasurer shall give notice of the calling of the warrants for payment by one publication in a newspaper printed and published in Salem, Oregon. [Formerly 293.170]

 

      293.169 Notification to agency to stop issuing checks or warrants or initiating electronic funds transfers; resumption of checks, warrants or electronic funds transfers. (1) The State Treasurer may notify a state agency that it must stop issuing checks or warrants on, or initiating electronic funds transfers from, a specified fund or account if:

      (a) The General Fund is exhausted as described in ORS 293.165 (2);

      (b) Warrants drawn on the General Fund are being registered under ORS 293.167;

      (c) An appropriation or other authorization to expend moneys has not been approved for the state agency; or

      (d) There are no moneys in the fund or account on or from which the state agency proposes to issue checks or warrants or to initiate electronic funds transfers.

      (2) A notice issued by the State Treasurer under this section must specify the fund or account on or from which the state agency may no longer issue checks or warrants or initiate electronic funds transfers. When the conditions described in subsection (1) of this section that led to the notice from the State Treasurer are no longer in effect, the State Treasurer shall notify the state agency that it may resume issuance of checks or warrants or initiation of electronic funds transfers.

      (3) A state agency that receives a notice from the State Treasurer under subsection (1) of this section must cease issuing checks or warrants drawn on, or initiating electronic funds transfers from, the specified fund or account. If authorized to do so by the State Treasurer, a state agency that ceases issuance of checks or warrants or initiation of electronic funds transfers under this section may pay obligations by warrants that may be registered under ORS 293.167 if the checks or warrants are drawn on, or the electronic funds transfers are from, moneys in the General Fund.

      (4) As used in this section, “state agency” means any board, commission, department, institution, branch or agency the costs of which are paid in whole or in part from funds held in the State Treasury. [2003 c.81 §9]

 

      Note: 293.169 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 293 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      293.170 [Formerly 291.380; 2003 c.81 §7; renumbered 293.167 in 2003]

 

      293.171 State agency overdrafts; interest. (1) If a check, warrant or demand for payment by electronic funds transfer is presented to the State Treasurer for payment and at the time of presentment the account or fund from which payment should be drawn has insufficient moneys to pay in full the amount presented, the State Treasurer may transfer the overdraft amount from other moneys deposited in the State Treasury by the state agency from whose account or fund the payment is required. The State Treasurer may charge interest at a rate determined by the State Treasurer on any negative account or fund balance that results from the overdraft. The interest shall be paid to the account or fund from which moneys were transferred to pay the overdraft. The State Treasurer may also charge fees for the transfer, in amounts determined by the State Treasurer.

      (2) The authority given the State Treasurer in this section is in addition to, and not in lieu of, authority given the treasurer in ORS 293.205 to 293.225.

      (3) As used in this section, “state agency” means any board, commission, department, institution, branch or agency, the costs of which are paid in whole or in part from funds held in the State Treasury. [2003 c.81 §10]

 

      Note: 293.171 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 293 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      293.173 Issuing obligations to pay current expenses of state; pledge of tax revenues and full faith and credit; use of moneys. (1) The State Treasurer may issue obligations under ORS 288.165 to finance current expenses of this state. The amount of the obligations issued at any time may not exceed the State Treasurer’s estimate of the cash flow deficit of the state, plus amounts for reasonable reserves and costs.

      (2) To estimate the amount of cash flow deficit, the State Treasurer shall take into account the most recent cash flow forecast developed by the Oregon Department of Administrative Services and any other information the State Treasurer determines is reliable and relevant.

      (3) When the State Treasurer issues obligations under ORS 288.165:

      (a) The Oregon Department of Administrative Services shall account for and administer the proceeds of the obligations and the repayment of the obligations. The State Treasurer shall notify the Director of the Oregon Department of Administrative Services, the Legislative Fiscal Officer and the Legislative Revenue Officer before issuing obligations under ORS 288.165.

      (b) The State Treasurer may pledge the tax revenues and full faith and credit of the State of Oregon to pay obligations issued under ORS 288.165 if the obligations are payable from the Short Term Borrowing Account established under ORS 293.175 and if the obligations mature not later than the end of the fiscal period in which the obligations are issued.

      (c) The proceeds of the obligations may be used for any purpose for which the taxes and other revenues that are pledged to pay the obligations may be used and may also be used to pay principal, interest and any premium on the obligations, any rebate or penalty due to the United States in connection with the obligations, the cost of credit enhancement and the cost to the State Treasury and the Oregon Department of Administrative Services of issuing, administering or maintaining the obligations, including but not limited to the cost of a consultant or adviser retained by the State Treasurer or the Oregon Department of Administrative Services.

      (d) The State Treasurer may determine maturity dates, principal amounts, redemption provisions, interest rates or methods for determining variable or adjustable interest rates, denominations and any other term or condition of the obligations.

      (e) The obligations shall be executed on behalf of the State of Oregon by the facsimile signatures of the Governor and the Secretary of State, and the manual or facsimile signature of the State Treasurer or Deputy State Treasurer.

      (4) This section and ORS 288.165 constitute complete and independent authority for the State Treasurer to issue obligations under ORS 288.165. Obligations issued by the State Treasurer under ORS 288.165 are bonds for purposes of ORS 286.036 (3), 286.038, 286.071, 286.078, 288.517, 288.523, 288.594 and 288.600, but may not otherwise be treated as bonds and may not be subject to a restriction or limitation under ORS chapter 286 or 288.

      (5) In addition to or in lieu of issuing certificates of indebtedness under ORS 293.165, the State Treasurer may borrow money by issuing obligations under ORS 288.165. The requirements and limitations that apply to certificates of indebtedness issued under ORS 293.165 do not apply to obligations issued by the State Treasurer under ORS 288.165.

      (6) Obligations issued by the State Treasurer under ORS 288.165 may be issued only to pay expenses for which the Legislative Assembly has made appropriations. The appropriations to pay those expenses shall be treated as appropriations that authorize the expenditure of the pledged taxes and revenues to pay the obligations, and as appropriations that authorize the expenditure of the proceeds of the obligations to pay the otherwise appropriated expenses.

      (7) As used in this section, “fiscal period” has the meaning given that term in ORS 288.165. [2002 s.s.1 c.1 §3]

 

      293.175 Short Term Borrowing Account; sources; uses. (1) The Short Term Borrowing Account is created in the General Fund.

      (2) The State Treasurer shall credit the proceeds of obligations issued by the State Treasurer under ORS 288.165 to the Short Term Borrowing Account. The State Treasurer shall, in addition, transfer to the Short Term Borrowing Account any amounts that are pledged to pay obligations issued by the State Treasurer under ORS 288.165 and that are required to pay those obligations.

      (3) Amounts in the Short Term Borrowing Account are continuously appropriated for the purposes described in ORS 293.173 (3)(c).

      (4) This section and ORS 293.173 constitute complete authorization by the Legislative Assembly for the use and expenditure of the proceeds of the obligations and the taxes and revenues pledged to pay those obligations for the purposes described in ORS 293.173 (3)(c). No additional appropriation or authorization is necessary. The authorization contained in this section and ORS 293.173 to spend moneys for the purposes described in ORS 293.173 (3)(c) does not constitute an appropriation for purposes of ORS 291.357. The proceeds of obligations issued by the State Treasurer under ORS 288.165 do not constitute revenues received by the General Fund for purposes of section 14, Article IX of the Oregon Constitution, and ORS 291.349. [2002 s.s.1 c.1 §4]

 

      293.177 Report by State Treasurer on amount of obligations issued, amounts repaid, other costs. Within 90 days following the end of a biennium, the State Treasurer shall report in writing to the Legislative Fiscal Officer and the Legislative Revenue Officer on the amount of obligations issued by the State Treasurer under ORS 288.165, the amount spent in repayment of those obligations, the issuance costs and interest costs of those obligations and the interest revenues earned by the proceeds of those obligations. [2002 s.s.1 c.1 §5]

 

(Petty Cash)

 

      293.180 Agency petty cash fund. (1) If the appropriation for an agency or the limitation on expenditures of an agency, as enacted by the Legislative Assembly, includes an amount for a petty cash fund, the fund shall be established and administered as provided in this section.

      (2) The agency for which a petty cash fund has been authorized may prepare a voucher in the amount authorized in favor of a person designated by the agency as custodian of its petty cash fund. A warrant shall be drawn for the amount of the voucher payable out of moneys appropriated for the expenditures of the agency. The designated custodian shall credit the amount of the warrant to the petty cash fund.

      (3) The Oregon Department of Administrative Services may establish regulations governing the administration of petty cash funds established pursuant to this section.

      (4) Subject to regulations established by the department:

      (a) The designated custodian may make disbursements from the petty cash fund only when it is necessary to make an immediate cash payment which is lawfully payable from moneys appropriated to the agency.

      (b) The designated custodian may hold the petty cash fund in cash or may deposit the fund to the account of the agency in any insured institution or institutions in the state authorized as a depository of state funds, or may hold part in cash and deposit the remainder.

      (5) The designated custodian shall periodically submit to the appropriate warrant drawing authority verified reimbursement vouchers properly supported by evidences of disbursements from the petty cash fund. Upon allowance of the reimbursement vouchers the warrant drawing authority shall issue a warrant on the State Treasurer, in favor of the designated custodian, payable out of moneys appropriated for the expenditures of the agency. [Formerly 291.548; 1967 c.454 §103; 1997 c.631 §445]

 

(Reversion)

 

      293.190 Reversion of appropriations to General Fund; cancellation of budget limitations; rules; exceptions; extensions. (1) On December 31 in each odd-numbered year, all General Fund appropriation balances as recorded on the records of the Oregon Department of Administrative Services for the prior biennium shall revert to the General Fund except for capital construction, continuing contracts, contested claims, special appropriations designated by legislative action or savings continuously appropriated to agencies under ORS 291.120.

      (2) On December 31 in each odd-numbered year, all limitation balances on any separate fund or cash account in the State Treasury shall be canceled except for continuing contracts, contested claims or special limitations designated by legislative action.

      (3) Notwithstanding subsections (1) and (2) of this section, under conditions which shall be described by the department by rule, upon request, an extension may be granted to allow an agency to make final analyses and corrections before an appropriation or limitation is canceled. The procedures for requesting an extension and the criteria for approving the request shall be established by the department. [1971 c.341 §3; 1991 c.220 §7; 1993 c.724 §3]

 

TRANSFERS TO FUNDS HAVING INSUFFICIENT MONEY

 

      293.205 Definitions for ORS 293.205 to 293.225. As used in ORS 293.205 to 293.225:

      (1) “Borrowing fund” means the fund to which money is initially transferred under ORS 293.210.

      (2) “Lending fund” means the fund from which money is initially transferred under ORS 293.210. [Formerly 291.402]

 

      293.210 Transfer and retransfer of money and credit among state funds. If there is insufficient money to the credit of any fund in the State Treasury to pay the obligations against such fund and there is money to the credit of one or more other state funds that is not then required to meet the respective obligations against such funds, the State Treasurer shall transfer so much as the State Treasurer deems advisable of such money standing to the credit of the funds having excess money to the fund having insufficient money if there are or will be moneys accruing to the borrowing fund or that can be transferred to it in like manner, as provided in this section, to enable a retransfer to be made of such moneys to the credit of the lending funds from which they were so transferred in time to meet the requirements of the lending funds. However, unless conditions are such at the time when the original transfer of moneys is considered as to make sure that such retransfer can be so made, the original transfer shall not be made. All moneys transferred under this section from lending to borrowing funds shall be retransferred to the lending funds when or before they are needed in the lending funds. [Formerly 291.404; 2005 c.22 §217]

 

      293.212 When transfers to funds with insufficient moneys are authorized. (1) If the Department of Transportation determines that there is insufficient money in any of its funds to pay the obligations against that fund, the department may request the State Treasurer to transfer money from one or more other funds to the fund that has insufficient money. The treasurer shall transfer the money if:

      (a) The lending fund has money that is not required at the time of the transfer to meet the obligations against the fund; and

      (b) The treasurer determines that there are or will be enough moneys accruing to the borrowing fund, or that can be transferred to it, to enable a retransfer of the money to the lending fund in time to meet the requirements of the lending fund.

      (2) All moneys transferred under this section to a borrowing fund shall be retransferred to the lending funds when or before they are needed.

      (3) The department may request transfers of money under this section regardless of whether or not the insufficiency in a fund that triggers the request was anticipated by the department. [1991 c.793 §2; 2005 c.22 §218]

 

      Note: 293.212 was added to and made a part of 293.205 to 293.225 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      293.214 Lines of credit for state agency; duration; source of funding. (1) Subject to the provisions of this section, a state agency may establish with the State Treasurer lines of credit for funds under its administration, upon a certificate by the agency’s department head and chief financial officer to the State Treasurer representing and satisfactorily demonstrating, for the period for which a line of credit is requested, that:

      (a) There will be insufficient moneys to the credit of the funds for which the line of credit is requested to meet expenses as they arise; and

      (b) The agency will be entitled for expenditure of agency funds to reimbursement from federal agencies or other sources sufficient to repay, when due, all draws against the line of credit, plus interest charged to the agency.

      (2) No line of credit, based upon anticipated reimbursements, shall be established more than six months in advance of a draw on the credit and draws shall be repaid to the lending fund within six months. Reimbursements must be applied against any outstanding advances on the line of credit established under this section.

      (3) The State Treasurer may fund lines of credit established pursuant to this section from money to the credit of other state funds which will not be required to meet the respective obligations of the funds during the period for which a draw under a line of credit is not repaid, as provided in ORS 293.210.

      (4) A line of credit may operate as a revolving fund, so that draws shall proportionately reduce and repayments shall proportionately increase the credit remaining under the line of credit, but at no time shall the total amount of draws against the line of credit exceed the credit limit.

      (5) Every state agency for which a line of credit is established shall report promptly in writing to the State Treasurer any change in information furnished in support of the request for a line of credit.

      (6) The State Treasurer may grant or deny, modify or terminate a line of credit when in the judgment of the State Treasurer it is in the best interest of the state. [1993 c.68 §2; 2003 c.16 §3]

 

      Note: 293.214 was added to and made a part of 293.205 to 293.225 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      293.215 Evidencing transfers and retransfers; notification of transfer. (1) All transfers from lending to borrowing funds under ORS 293.210 shall be evidenced by proper bookkeeping accounts kept by the State Treasurer showing appropriate credits to the lending funds. All retransfers shall be evidenced in like manner.

      (2) When funds are transferred under ORS 293.210, the State Treasurer shall notify the Oregon Department of Administrative Services, the Legislative Fiscal Office, the department for whose use the lending fund is maintained and the governing board or commission, if any, of the department for whose use the lending fund is maintained. [Formerly 291.406; 1967 c.454 §104; 2001 c.71 §1]

 

      293.220 Interest on transferred moneys or credits. All moneys or credits transferred under ORS 293.210 or 293.214 shall bear interest, until retransferred, at such rate not less than two percent per annum as shall be agreed upon between the State Treasurer and the officer, state department, commission, or board in charge of the borrowing fund. The interest shall be payable from the borrowing fund and shall be credited to and become part of the lending fund. [Formerly 291.408; 2003 c.16 §4]

 

      293.225 Construction of ORS 293.205 to 293.220. ORS 293.205 to 293.220 shall not be construed as an appropriation Act and no appropriation made for any purpose shall be exceeded or increased by reason of any of the provisions of such sections, nor shall any budgetary designation be altered or affected by such sections. [Formerly 291.410]

 

COLLECTION OF DEBTS OWED TO STATE AGENCIES

 

      293.227 Definitions for ORS 293.227 to 293.233. As used in ORS 293.227 to 293.233, unless the context requires otherwise:

      (1) “Payment” means a voluntary amount of money paid by a debtor to a state agency or an involuntary amount of money paid by a debtor through offset or garnishment.

      (2) “State agency” means any officer, board, commission, department, division or institution in the executive or administrative branch of state government. [1999 c.1092 §1; 2001 c.104 §101]

 

      Note: 293.227 to 293.233 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 293 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      293.229 Liquidated and delinquent accounts of state agency; annual reports. (1) Not later than October 1 of each fiscal year, each state agency shall submit a report to the Legislative Fiscal Office that describes the status of that agency’s liquidated and delinquent accounts and efforts made by that agency to collect liquidated and delinquent accounts during the previous fiscal year. The report required under this subsection shall be in a form prescribed by the Legislative Fiscal Office and shall include but not be limited to:

      (a) Beginning balance and total number of all liquidated and delinquent accounts;

      (b) New liquidated and delinquent accounts added during the last preceding fiscal year;

      (c) Total collections of liquidated and delinquent accounts;

      (d) Total amount and total number of liquidated and delinquent accounts that have been written off;

      (e) Total number and ending balance of all liquidated and delinquent accounts;

      (f) Total amount of liquidated and delinquent accounts turned over to private collection agencies and total amount collected by those agencies under ORS 293.231; and

      (g) Total number and total amount of all liquidated and delinquent accounts exempted under ORS 293.233.

      (2) The Legislative Fiscal Office shall produce an annual report not later than December 31 of each fiscal year on the status of liquidated and delinquent accounts of state agencies. The report shall be based on the reports submitted by state agencies as required in this section. [1999 c.1092 §2; 2005 c.22 §219]

 

      Note: See note under 293.227.

 

      293.231 Collection of liquidated and delinquent accounts by private collection agency or Department of Revenue; rules; fee added to debt. (1) Except as provided in subsections (4) to (9) of this section, a state agency, unless otherwise prohibited by law, shall offer for assignment every liquidated and delinquent account to a private collection agency or to the Department of Revenue as provided in ORS 293.250 not later than:

      (a) Ninety days from the date the account was liquidated if no payment has been received on the account within the 90-day period; or

      (b) Ninety days from the date of receipt of the most recent payment on the account.

      (2) Nothing in subsection (1) of this section prohibits a state agency from offering for assignment a liquidated and delinquent account to a private collection agency at any time within the 90-day period.

      (3) If, after a reasonable time, the private collection agency is unable to collect the account, the private collection agency shall notify the state agency that assigned the account that it has been unable to collect the account and shall relinquish the account to the state agency. A private collection agency that collects an account under this section shall be held to the same standard of confidentiality, service and courtesy imposed on the state agency that assigned the account.

      (4) If a state agency assigns a liquidated and delinquent account to the Department of Revenue as provided in ORS 293.250, the department shall have six months from the date of assignment to collect a payment. If the department does not collect a payment within that six-month period or if six months have elapsed since the date of receipt of the most recent payment on the account, the department shall notify the state agency. The state agency shall then immediately offer for assignment the debt to a private collection agency.

      (5) The provisions of subsection (1) of this section do not apply to a liquidated and delinquent account that is prohibited by state or federal law or regulation from assignment or collection.

      (6) The Oregon Department of Administrative Services may adopt rules exempting specified kinds of liquidated and delinquent accounts from the time periods established in subsections (1), (2) and (4) of this section.

      (7) The Oregon Department of Administrative Services shall adopt rules exempting liquidated and delinquent accounts that originate in the Department of Revenue or the Employment Department from the time periods established in subsections (1), (2) and (4) of this section.

      (8) A liquidated and delinquent account that is subject to assignment under this section shall be assigned to a private collection agency if more than one year has elapsed without a payment on the account.

      (9) Notwithstanding subsection (1) of this section, a state agency may, at its discretion, choose not to offer for assignment to a private collection agency a liquidated and delinquent account that:

      (a) Is secured by a consensual security interest in real or personal property;

      (b) Is a court-ordered judgment that includes restitution or a payment to the Department of Justice Crime Victims’ Assistance Section;

      (c) Is in litigation, including bankruptcy, arbitration and mediation;

      (d) Is a student loan owed by a student who is attending school;

      (e) Is owed to a state agency by a local or state government or by the federal government;

      (f) Is owed by a debtor who is hospitalized in a state hospital as defined in ORS 162.135 or who is on public assistance as defined in ORS 411.010;

      (g) Is owed by a debtor who is imprisoned;

      (h) Is less than $100, including penalties; or

      (i) Would result in loss of federal funding if assigned.

      (10) Nothing in this section prohibits a state agency from collecting a tax offset after a liquidated and delinquent account is assigned to a private collection agency.

      (11) For the purposes of this section, a state agency shall be deemed to have offered for assignment an account if:

      (a) The terms of the offer are of a type generally acceptable within the collections industry for the type of account offered for assignment; and