72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
House Bill 2135
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of State Treasurer Randall
Edwards)
CHAPTER ................
AN ACT
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
Enrolled House Bill 2135 (HB 2135-A) Page 1
{ - 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.
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(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
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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
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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
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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.
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(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. + }
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Passed by House February 17, 2003
Repassed by House April 15, 2003
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate April 11, 2003
...........................................................
President of Senate
Enrolled House Bill 2135 (HB 2135-A) Page 7
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled House Bill 2135 (HB 2135-A) Page 8