Chapter 293 — Chapter 293

ORS 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]

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ORS 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]

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ORS 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]

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ORS 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

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ORS 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

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

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ORS 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

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ORS 293.120 [Formerly 291.358; repealed by 2003 c.81 §14]

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ORS 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]

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ORS 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

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ORS 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]

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ORS 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]

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

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ORS 293.145 [Formerly 291.368; repealed by 1967 c.637 §37]

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

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ORS 293.148 Cap on amount. (1) If the moneys in the Oregon Rainy Day Fund established by ORS 293.144 just prior to the time of a transfer scheduled under ORS 293.144 (3)(c) or 293.146 equal at least 12.5 percent of the amount of General Fund revenues collected during the prior biennium, moneys that would otherwise be transferred to the Oregon Rainy Day Fund shall be deposited in the General Fund

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ORS 293.150 [Formerly 291.370; 1967 c.454 §101; repealed by 1967 c.637 §§37,38]

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ORS 293.155 [Formerly 291.372; repealed by 1967 c.637 §37]

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

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ORS 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

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

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ORS 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

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

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ORS 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

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ORS 293.173 [2002 s.s.1 c.1 §3; repealed by 2007 c.783 §234]

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ORS 293.175 [2002 s.s.1 c.1 §4; 2007 c.783 §13; renumbered 286A.050 in 2007]

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ORS 293.177 [2002 s.s.1 c.1 §5; 2007 c.783 §14; renumbered 286A.055 in 2007]

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ORS 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

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ORS 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, appropriations described in ORS 293.195 or savings continuously appropriated to agencies under ORS 291.120

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ORS 293.195 Retention of appropriation balances. (1) Any difference between the amount appropriated from the General Fund for a biennium to the judicial department as defined in ORS 174.113, including amounts appropriated to any agency of the judicial department, and the amount of the appropriation actually expended on or before the end of the biennium, is appropriated to the judicial department, out of the General Fund, for payment of expenses of the judicial department for the next biennium

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ORS 293.200 Transfers for wildfire suppression costs. (1) As used in this section

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

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ORS 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]

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ORS 293.212 Transfers to funds of Department of Transportation with insufficient moneys. (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

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ORS 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

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ORS 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

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ORS 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]

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ORS 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]

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ORS 293.226 Use of Social Security numbers for state agency debt collection activities; disclosure notice; rules. (1) Subject to subsection (2) of this section, a state agency may request that a person voluntarily supply the person’s Social Security number for use in collecting debts owed to the State of Oregon on any document relating to any monetary obligation or transaction. A state agency that so requests shall include on the document a notice disclosing that the Social Security number is requested for and may be used for state agency debt collection activities

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

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ORS 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

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ORS 293.231 Collection of liquidated and delinquent accounts by Department of Revenue or private collection agency; rules; fee added to debt. (1) Except as provided in subsections (4) to (7) of this section, a state agency, unless otherwise prohibited by law, shall offer for assignment every liquidated and delinquent account to the Department of Revenue as provided in ORS 293.250 not later than

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ORS 293.233 Exemption of accounts from assignment to Department of Revenue or private collection agency; rules. (1) A state agency may use rules adopted by the Oregon Department of Administrative Services for exempting liquidated and delinquent accounts from assignment to the Department of Revenue or a private collection agency. The state agency shall provide documentation and justification for exempting liquidated and delinquent accounts from assignment

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ORS 293.234 Report by Oregon Department of Administrative Services on certain uncollected debt; rules. (1) The Oregon Department of Administrative Services shall, no later than December 31 of each year and in the manner provided by ORS 192.245, report to the Legislative Assembly the amounts of liquidated and delinquent debt that, in the previous fiscal year

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ORS 293.235 “State agency” defined for ORS 293.240 and 293.245. As used in ORS 293.240 and 293.245, “state agency” has the meaning given that term in ORS 293.226. [1965 c.448 §1; 2019 c.278 §18]

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ORS 293.240 Writing off uncollectible debts due state agency; offers of compromise. (1) If a state agency has made all reasonable efforts to collect money owed to the agency and has determined that the money and any interest or penalties on the money are uncollectible, the agency may write off the debt on its accounts

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ORS 293.245 Subsequent collection of debt written off under ORS 293.240. If a debt previously written off pursuant to ORS 293.240 subsequently becomes collectible, the state agency to which the money is owed shall proceed to collect the money due. The agency shall credit the money so collected to the accounts or funds to which the debt was originally owing. [1965 c.448 §3; 1971 c.604 §4; 2001 c.233 §2]

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ORS 293.250 Collections Unit; assistance in collection of amounts due to certain entities; rules; charges; setoff of sums due debtor; warrants. (1) There is created a Collections Unit in the Department of Revenue

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ORS 293.252 Duties of Oregon Department of Administrative Services relating to state agency debt collection. (1) The Oregon Department of Administrative Services shall monitor state agency debt collection functions described by law and assist state agencies in efforts to improve the collection of delinquent debts owed to state agencies. The department’s duties under this subsection include, but are not limited to

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ORS 293.254 Requirement that state agency make reasonable efforts to collect debts owed to agency; use of Social Security numbers; setoff; rules. (1) Subject to ORS 293.250, a state agency shall make all reasonable efforts to collect liquidated and delinquent accounts owing to the state agency, including the use of Social Security numbers made available by state agencies pursuant to ORS 293.226, and the setoff of any refunds or sums due to the debtor from the state agency, the Department of Revenue or from any other state agency

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