Chapter 81 Oregon Laws 2003
AN ACT
HB 2135
Relating to state finance; creating new provisions; amending ORS 293.105, 293.110, 293.115, 293.165, 293.170, 359.120, 561.144 and 802.331; repealing ORS 293.120 and 293.405; appropriating money; and declaring an emergency.
Be It Enacted by the People of the State of
Oregon:
SECTION 1. ORS 293.105 is amended to read:
293.105. 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.
SECTION 2. ORS 293.110 is amended to read:
293.110. (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) Oregon State Veterinary Medical Fund.
(d) State Institutional Betterment Fund.
(e) Miscellaneous Receipts Account for the State Library.
(f) State Library School Library Fund.
[(g) Tumalo Maintenance Fund.]
[(h)] (g) Administrative Services Economic Development Fund.
[(i)] (h) All other funds or accounts created by law that are [not trust funds] specifically established in the law creating them as funds or accounts in the General Fund.
SECTION 3. ORS 293.115 is amended to read:
293.115. 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 Higher Education Technology Transfer Fund created by ORS 351.691 and the interest accruing therefrom.
(j) The Higher Education Technology Transfer Account created in section 2, chapter 835, Oregon Laws 2001, 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 [trust] funds or accounts created by law that are not specifically established in the law creating them as funds or accounts in the General Fund.
SECTION 4. ORS 293.115, as amended by section 8, chapter 835, Oregon Laws 2001, is amended to read:
293.115. 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 Higher Education Technology Transfer Fund created by ORS 351.691 and the interest accruing therefrom.
(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 [trust] funds or accounts created by law that are not specifically established in the law creating them as funds or accounts in the General Fund.
SECTION
5. (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.
SECTION 6. ORS 293.165 is amended to read:
293.165. (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 [all] 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 [trust funds as defined in ORS 291.002 and] funds whose use is restricted to particular purposes by the Constitution of Oregon or by federal law.
SECTION 7. ORS 293.170 is amended to read:
293.170. [(1) If the General Fund becomes exhausted after the State Treasurer has borrowed the moneys as provided in ORS 293.165 and has made the transfers of surplus funds as provided in ORS 293.205 to 293.225, the State Treasurer shall, if the Governor, Secretary of State and State Treasurer deem it necessary or advisable and so direct, indorse on the warrants drawn on the General Fund, the words “Not paid for want of funds,” and the State Treasurer shall register the warrants by number and by date according to the order in which they have been presented for payment. All warrants so indorsed and registered shall thereafter become payable consecutively according to the order of registration and shall draw interest payable from the General Fund, until called for payment by the State Treasurer, at the rate of five percent per year. As funds for the payment of the warrants and of the interest thereon become available, 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.]
[(2) For the purposes of subsection (1) of this section, the exhaustion of the General Fund has the same meaning indicated in ORS 293.165 (2).]
(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.
SECTION
8. (1) The State Treasurer shall
pay on demand all items presented to the State Treasurer for payment if there
are appropriate and sufficient funds in the State Treasury, as provided by law,
to make the payments. If a law requires that an item be paid from a particular
fund, the State Treasurer must make the payment from that fund only.
(2)
When a state officer authorizes issuance of, or signs, a check, warrant or
electronic funds transfer on behalf of an agency, the officer is certifying
that the expenditure of moneys represented by the check, warrant or request for
electronic funds transfer is authorized by law. For purposes of this
subsection, an expenditure is authorized by law if:
(a)
There is an appropriation, whether annual, biennial or continuous, of the
moneys represented by the check, warrant or request for electronic funds
transfer;
(b)
When applicable, there is an expenditure limitation for the moneys represented
by the check, warrant or request for electronic funds transfer;
(c)
When applicable, there is an allotment from the Oregon Department of
Administrative Services under ORS 291.232 to 291.260 for the moneys represented
by the check, warrant or request for electronic funds transfer; and
(d)
The officer or agency has received any other approvals necessary to authorize
issuance of the check, warrant or request for electronic funds transfer.
(3)
The State Treasurer may rely on the certification described in subsection (2)
of this section and need not investigate or inquire whether a check, warrant or
request for electronic funds transfer is authorized by law before paying the
check, warrant or electronic funds transfer.
(4) As used in this section, “state officer” means any person acting on behalf of a 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.
SECTION
9. (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 293.170;
(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
293.170 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.
SECTION
10. (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.
SECTION 11. ORS 359.120 is amended to read:
359.120. There hereby is established [in the General Fund of the State Treasury] an account separate and distinct from the General Fund to be known as the Arts Trust Account. All money received by the Arts Program of the Economic and Community Development Department pursuant to ORS 359.100 and 359.110 shall be paid into the State Treasury and credited to the Arts Trust Account. All moneys in such account hereby are appropriated continuously for and shall be used by the program in carrying out the purposes for which the funds were received.
SECTION 12. ORS 802.331 is amended to read:
802.331. The Highway Safety Trust Account is established [in the General Fund of the State Treasury] separate and distinct from the General Fund. All money received by the Department of Transportation under ORS 802.315 shall be paid into the State Treasury and credited to the account established under this section. All money in the account established under this section is continuously appropriated for and shall be used by the department in carrying out the purposes for which the funds were received.
SECTION 13. ORS 561.144 is amended to read:
561.144. (1) The State Treasurer shall establish a Department of Agriculture Service Fund which shall be a trust fund separate and distinct from the General Fund [and included under ORS 293.115 (6), and which shall not be subject to ORS 293.105 and 293.110]. The State Department of Agriculture shall deposit all license and service fees paid to it under the provisions of the statutes identified in subsection (3) of this section in the Department of Agriculture Service Fund. The State Treasurer is the custodian of this trust fund which shall be deposited by the treasurer in such depositories as are authorized to receive deposits of the General Fund, and which may be invested by the treasurer in the same manner as authorized by ORS 293.701 to 293.820.
(2) [Notwithstanding ORS 293.140,] Interest received on deposits credited to the Department of Agriculture Service Fund shall accrue to and become a part of the Department of Agriculture Service Fund.
(3) The license and service fees subject to this section are those described in ORS 561.400, 570.710, 571.057, 571.063, 571.145, 583.004, 583.046, 583.445, 583.510, 583.610, 585.050, 586.270, 586.580, 586.650, 596.030, 596.311, 599.235, 599.269, 599.406, 599.610, 601.040, 602.090, 603.025, 603.075, 616.706, 618.115, 618.136, 619.031, 621.072, 621.166, 621.266, 621.297, 621.335, 621.730, 622.080, 625.180, 628.240, 632.211, 632.425, 632.600, 632.720, 632.730, 632.741, 632.940, 632.945, 633.015, 633.029, 633.318, 633.362, 633.461, 633.471, 633.680, 633.700, 633.720, 634.016, 634.116, 634.122, 634.126, 634.132, 634.136, 634.212 and 635.030.
SECTION 14. ORS 293.120 and 293.405 are repealed.
SECTION 15. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect on its passage.
Approved by the Governor May 24, 2003
Filed in the office of Secretary of State May 27, 2003
Effective date May 24, 2003
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