US Laws, Codes, Statutes & Cases

Chapter 293 — Administration of Public Funds

 

2007 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

 

(Oregon Rainy Day Fund)

 

293.144     Oregon Rainy Day Fund; use; interest

 

293.146     Transfer of moneys to Rainy Day Fund

 

293.148     Cap on amount

 

(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

 

(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

 

293.293     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, or based on, 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

 

293.723     Discrete investment of moneys

 

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]

 

(Oregon Rainy Day Fund)

 

      293.144 Oregon Rainy Day Fund; use; interest. (1) The Oregon Rainy Day Fund is established as an account in the General Fund.

      (2) The Legislative Assembly may appropriate moneys from the Oregon Rainy Day Fund only if the appropriation is approved by three-fifths of the members serving in each house of the Legislative Assembly and the Legislative Assembly finds one of the following:

      (a) That the last quarterly economic and revenue forecast for a biennium indicates that moneys available to the General Fund for the next biennium will be at least three percent less than appropriations from the General Fund for the current biennium;

      (b) That there has been a decline for two or more consecutive quarters in the last 12 months in seasonally adjusted nonfarm payroll employment; or

      (c) That a quarterly economic and revenue forecast projects that revenues in the General Fund in the current biennium will be at least two percent below what the revenues were projected to be in the revenue forecast on which the legislatively adopted budget for the current biennium was based.

      (3) Once each month, the Oregon Department of Administrative Services shall calculate the amount of General Fund interest that is attributable to moneys in the Oregon Rainy Day Fund. Except as otherwise provided in ORS 293.148, the department shall transfer the amount calculated under this subsection to the Oregon Rainy Day Fund.

      (4) The Legislative Assembly may not appropriate for any one biennium more than two-thirds of the amount that is in the Oregon Rainy Day Fund at the beginning of that biennium. If the appropriation is for a biennium that has not yet begun, the Legislative Assembly may use as the base the most recent estimate of the amount that will be in the Oregon Rainy Day Fund at the beginning of the biennium for which the appropriation is made.

      (5) As used in this section, “legislatively adopted budget” has the meaning given that term in ORS 291.002. [2007 c.5 §1]

 

      Note: 293.144 to 293.148 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.

 

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

 

      293.146 Transfer of moneys to Rainy Day Fund. (1) As used in this section:

      (a) “Ending balance” means the difference between the amount of General Fund revenues collected during a biennium and the amount of General Fund appropriations for the biennium.

      (b) “General Fund appropriations” means the amount of moneys appropriated from the General Fund for a biennium in the legislatively approved budget for the biennium, minus the amount of any General Fund appropriation balances for that biennium that revert to the General Fund under ORS 293.190.

      (c) “Legislatively approved budget” has the meaning given that term in ORS 291.002.