Oregon Revised Statutes
As used in the statute laws of this state, unless the context or specially applicable definition requires otherwise, the words “subaccounts,” “accounts” or “funds” are used interchangeably, where such use is consistent with state accounting principles and is accepted for use by the State Treasurer. Unless the context or a specific provision of law provides …
As used in ORS 291.001 to 291.034, 291.201 to 291.222, 291.232 to 291.260, 291.261, 291.307 and 291.990, unless the context requires otherwise: “Classification of expenditures” means the categories of expenses for the purpose of budget-making and accounting that are provided in ORS 291.216 (6)(a). “Dedicated fund” means a fund in the State Treasury, or a s…
Notwithstanding any provision of ORS 291.001 to 291.034, 291.201 to 291.222, 291.232 to 291.260, 291.261, 291.307 and 291.990, but subject to any applicable judgment or settlement agreement, in all cases where federal funds are involved, the federal laws, rules and regulations applicable to the federal funds shall govern.
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The Director of the Oregon Department of Administrative Services may require a fidelity bond of any officer, employee or agent of the department or of any other state officer, employee or agent who has charge of, handles or has access to any money or property belonging to the state or in which the state may have an interest and who is not otherwise required …
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
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The Oregon Department of Administrative Services, under the direction of the Governor and as provided by law, is responsible generally for the administration and coordination of internal accounting and other affairs, controls, procedures and services of a fiscal nature of the state government and agencies thereof. Except as otherwise provided by law, the de…
The Oregon Department of Administrative Services, or the State Chief Information Officer for purposes related to information and telecommunications technology, may make or cause to be made administrative and organizational surveys of the state agencies for the purpose of determining the feasibility of improving the administration of the state government by e…
The Oregon Department of Administrative Services, or the State Chief Information Officer for purposes related to information and telecommunications technology, shall conduct research for use in administrative planning, policy review and organization and methods improvement. Periodic administrative reports to the department, the State Chief Information Office…
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No operative statutory text appears at this designation in the selected edition.
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For the purposes of carrying out its duties, powers and functions, the Oregon Department of Administrative Services may examine the records, files, documents, accounts and financial affairs of any state agency, and shall have the right of access for that purpose. During business hours the department may examine the accounts of any state agency in any deposit…
The Oregon Department of Administrative Services, upon the basis of its research and reports received, shall submit, from time to time, for the Governor’s consideration and appropriate action thereupon, suggestions for the development of interagency policies consistent with the executive policies of the Governor and for the improvement of operating methods a…
As used in ORS 291.032 and 291.034, “state agency” or “agency” includes the Legislative Assembly, at its option, or any of its statutory, standing, special or interim committees, at the option of such committee, and the courts and their officers and committees and the constitutional state officers, at their option.
The Oregon Department of Administrative Services, or the State Chief Information Officer for purposes related to information and telecommunications technology, may provide technical services to state agencies for management improvement development and the development of economies in the organization and administration of state agencies. The technical service…
The State Chief Information Officer may provide technical services to state agencies for data processing systems development and developing data processing methods and applications in a manner that is consistent with the State Chief Information Officer’s rules, policies and standards. The technical services may include consulting and programming services and…
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Within 180 days of the close of each fiscal year, the Oregon Department of Administrative Services shall prepare a financial report for the State of Oregon. The report shall contain financial statements which fairly present the financial condition and results of operation of the State of Oregon in accordance with current, generally accepted accounting princi…
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Except as provided in subsection (2) of this section, the State Chief Information Officer: May hold copyrights and obtain patents on copyrightable or patentable data processing programs, information or materials that a state agency develops, publishes or produces. May cause to have sold, leased or otherwise made available the data processing programs, info…
For each calendar quarter, a state agency shall report to the Oregon Department of Administrative Services the number of state agency employees during the preceding calendar quarter who received a pay-line exception and the amount of each pay-line exception. For each calendar quarter, the department shall compile the results of the state agency reports and s…
As used in this section and ORS 291.047: “Information technology” includes, but is not limited to, all present and future forms of hardware, software and services for data processing, office automation and telecommunications. “State agency” includes every state officer, board, commission, department, institution, branch or agency of the state government, w…
The Attorney General shall approve for legal sufficiency all personal services contracts, all architectural and engineering services contracts and all information technology contracts calling for payment in excess of $75,000 entered into by a state agency before any such contract becomes binding on the State of Oregon and before any service may be performed …
If the parties to a public contract perform under the contract before the contract is approved for legal sufficiency by the Attorney General as required under ORS 291.047 and section 3, chapter 869, Oregon Laws 1997, the agency may ratify the public contract if the Attorney General determines that the contract is legally sufficient prior to ratification. As …
As used in ORS 291.050 to 291.060: “Fee” means an amount imposed and collected by a state agency to defray or recover the costs of administering the law involved in providing a service to the public and used by the state agency to carry out or enforce a law under its jurisdiction. “Fee” does not include: Fines, civil penalties or court judgments. Proceeds…
Notwithstanding any other law that grants to a state agency the authority to establish fees, all new state agency fees or fee increases adopted during the period beginning on the date of adjournment sine die of a regular session of the Legislative Assembly and ending on the date of adjournment sine die of the next regular session of the Legislative Assembly:…
The Oregon Department of Administrative Services shall, no later than January 15 of each odd-numbered year, provide the Legislative Assembly with a report setting forth in detail all fees charged by each state agency, the purpose for the fee or charge, the persons affected by the fee or charge, the statutory authority for the fee or charge, the amounts colle…
It is the intent of the Legislative Assembly, in funding the development and implementation of a new statewide financial management system, that statewide financial management systems and policies support program-driven budget planning and execution, based on timely and accurate statewide managerial cost accounting information and that such systems support l…
The Oregon Department of Administrative Services shall ensure that state agency activities and programs are directed toward achieving performance outcomes. The department shall: Monitor progress, identify barriers and generate alternative approaches for attaining performance outcomes. Ensure the development of a statewide system of performance measures des…
Pursuant to ORS 291.252, if the Oregon Department of Administrative Services certifies agency savings due to agency actions rather than changes in service demands and such actions do not materially reduce legislatively authorized programs, 50 percent of the savings shall be credited to the General Fund or, if the agency’s funds originated as dedicated funds …
ORS 291.195, 291.201 and 291.203 may be cited as the Budget Accountability Act. Note: 291.190 and 291.195 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 291 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
The Legislative Assembly hereby declares that the ability to make fiscally sound and effective spending decisions has been enhanced by requiring agencies and programs to develop performance measures and to evaluate all General Fund, State Lottery Fund and other expenditures in accordance with these performance measures. Fiscal pressure on this state requires…
It is the intent of the Legislative Assembly to require the Governor, in the preparation of the Governor’s budget, to state as precisely as possible what programs the Governor recommends be approved for funding under estimated revenues under ORS 291.342. If estimated revenues are inadequate, the Legislative Assembly intends that it be advised by the Governor…
As used in ORS 291.201 to 291.222, “tax expenditure” means any law of the federal government or this state that exempts, in whole or in part, certain persons, income, goods, services or property from the impact of established taxes, including but not limited to tax deductions, tax exclusions, tax subtractions, tax exemptions, tax deferrals, preferential tax …
Except as otherwise provided in ORS 291.222, the Governor shall prepare in each even-numbered year for the biennium beginning July 1 of the following year: A Governor’s budget; and A tax expenditure report. The Oregon Department of Administrative Services shall advise and assist the Governor in the preparation of the Governor’s budget and the tax expendit…
Not later than November 10 of each even-numbered year, the Governor shall cause the tax expenditure report to be compiled and prepared for printing. In the tax expenditure report, the Governor shall: List each tax expenditure; Identify the statutory authority for each tax expenditure; Describe the purpose of each tax expenditure; Estimate the amount of …
The Oregon Department of Administrative Services, by July 1 of each even-numbered year, shall furnish every state agency with: Instructions for preparing for submission to the Governor the information required by the Governor in the preparation of the Governor’s budget; and Instructions for preparing the proposed maximum supervisory ratio report required b…
The Governor shall prescribe rules the Governor considers necessary for the guidance of agencies in the preparation of agency request budgets. The Governor shall use the classifications of expenditures provided in ORS 291.216 (6)(a) and shall prepare and prescribe classifications of revenue for the purpose of budget-making and accounting. Insofar as practic…
Each state agency shall file with the Oregon Department of Administrative Services, before September 1 in each even-numbered year in the manner required, an agency request budget containing the information required. The department shall prepare agency request budgets for all agencies that fail to file budgets.
The Oregon Department of Administrative Services and the Legislative Fiscal Officer shall prepare a tentative budget for the next biennium for which the Governor’s budget is prepared. The tentative budget shall consist of the estimated revenues under ORS 291.342 for the next biennium and a preliminary estimate of the projected costs of continuing currently a…
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The Governor, during the preparation of the Governor’s budget and before its submission to the Legislative Assembly, shall identify each tax expenditure that has a full or partial sunset that, if allowed to take effect, will have a fiscal impact on the state or on school districts for the next biennium, and shall prepare a recommendation as to each tax expen…
Each biennium, the Governor shall propose as part of the Governor’s recommended budget an amount for deferred maintenance and capital improvements on existing state-owned buildings and infrastructure that is equivalent to at least two percent of the current replacement value of the state-owned buildings and infrastructure. As used in this section, “state-ow…
The Governor’s budget shall include a budget message prepared by the Governor, including recommendations of the Governor with reference to the fiscal policy of the state government for the coming biennium, describing the important features of the budget, embracing a general budget summary setting forth the aggregate figures of the budget so as to show a bala…
As used in this section: “Continuous improvement” means a set of actions designed to permanently improve state agency performance, either in a specific targeted area or across all levels of an agency, through the use of structured process analysis and problem solving. “Outcomes-based budget” means a budget that allocates government resources to those uses …
Except when the Governor under whose supervision the Governor’s budget and the tax expenditure report have been prepared will be succeeded in office in January next following: The Oregon Department of Administrative Services shall have as many copies of the Governor’s budget and the tax expenditure report printed as the Governor directs. Not later than Dec…
The Governor, upon request, shall furnish the Legislative Assembly any further information required concerning the Governor’s budget and the tax expenditure report. The Oregon Department of Administrative Services, upon request, shall furnish a representative to assist the Legislative Assembly, the Joint Committee on Ways and Means and the Legislative Reven…
If the Governor under whose supervision the Governor’s budget and tax expenditure report have been prepared will be succeeded in office in January next following: The Oregon Department of Administrative Services shall make available to the Governor-elect so much as the Governor-elect requests of the information upon which the Governor’s budget and tax expen…
Not later than November 10 of each even-numbered year the Governor shall cause the Governor’s budget estimates to be made available to the Legislative Fiscal Officer and to the Legislative Revenue Officer. Before December 1 of the year in which they were made available under subsection (1) of this section, the Legislative Fiscal Officer or staff and the Leg…
A capital construction program containing estimated capital construction needs, irrespective of how financed, must be included with the Governor’s budget. The capital construction program must contain the estimated physical construction requirements for each biennium of a period to be determined by the Governor, which period may not be less than six years. T…
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As part of the development of the legislatively adopted budget, each state agency that employs more than 100 employees shall report to the Joint Committee on Ways and Means the state agency’s maximum supervisory ratio for the biennium. Before submitting the report to the committee, a state agency shall provide a copy of the report to all labor organizations…
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It is declared to be the policy and intent of the Legislative Assembly that: The legislatively adopted or approved budget for a state agency constitutes a determination by the Legislative Assembly of the amount needed by the agency for the biennium to meet the responsibilities imposed on the agency through the budget and through statutes governing the agenc…
The Oregon Department of Administrative Services shall make allotments to state officers and agencies of appropriations and funds pursuant to the allotment system provided for in ORS 291.234 to 291.260. For the purposes of the allotment system, each fiscal year shall be divided into four quarterly allotment periods, beginning, respectively, on the first day…
The provisions of ORS 291.234 to 291.260 relating to the allotment system shall apply to all appropriations for state officers and agencies. For this purpose “appropriation” includes standing, continuing and annual appropriations, and dedicated funds. In those cases where periodical allotments are impracticable, the Oregon Department of Administrative Servic…
Except as expressly authorized in this section or ORS 291.236, no person shall incur, or order or vote to incur, any obligation against the state in excess of, or make or order or vote to make any expenditure not authorized by, an allotment. Any such obligation so incurred shall not be binding against the state, but where the obligation violates this section…
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An appropriation to which the allotment system is applicable does not become available to any state agency for expenditure during any allotment period until: The agency submits to the Oregon Department of Administrative Services an estimate, in such form as the department prescribes, for the allotment period, of the amount required for each activity to be c…
The Oregon Department of Administrative Services shall act promptly upon all estimates required by ORS 291.242. If the estimate is within the terms of the appropriation as to amount and purposes, having due regard for the probable further needs of the agency for the remainder of the term for which the appropriation was made, and if the department determines …
Allotments shall be made according to purpose and classification of expenditures prescribed in the appropriation measure as enacted by the Legislative Assembly; provided, however, that the Oregon Department of Administrative Services may make allotments for agencies by purposes or by other classification of expenditures of amounts appropriated or authorized …
Upon the granting of any allotment, the Oregon Department of Administrative Services shall transmit a notice of the allotment to the agency concerned.
The agency shall not create any claim or encumbrance for the future disbursement of appropriated moneys unless the proposed expenditure as estimated, together with expenses theretofore paid from or encumbered against such allotment, is within the total amount and for the purposes specified in the notice of allotment transmitted to such agency.
Upon application of or upon notice to the agency concerned, the Oregon Department of Administrative Services may at any time modify or amend any allotment previously made by the department. A modification or amendment of an allotment made under subsection (1) of this section may not reduce an allotment below the amount required to meet valid obligations or …
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A new personnel position or classification, not provided in the budget of an agency upon which appropriations have been based, may not be established without prior approval of the Oregon Department of Administrative Services. The department shall notify the Legislative Fiscal Office of establishment of any new personnel position or classification.
At the request of the Oregon Department of Administrative Services, before a state agency makes requests or prepares budgets to be submitted to the federal government for funds, equipment, material or services, other than for highway purposes, the agency shall submit the request or budget to the department. The department may approve, disapprove, modify or …
Notwithstanding the legislative policy and intent declared in ORS 291.232, if the Oregon Department of Administrative Services declares at any time during a biennium that there is a projected deficit in that biennium, the department may, with the approval of the Governor and in order to prevent the deficit, reduce the amount allotted to state agencies under …
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As used in this section, “state agency” includes any state officer, department, board, commission or court, the Legislative Assembly, its committees, officers and employees. A state agency shall inform the Oregon Department of Administrative Services of any position that has remained vacant for a continuous period of six months by including a report on the …
As used in ORS 291.272 to 291.278, unless the context requires otherwise: “Governmental service expenses” means the expenses of state government that are attributable to the operation, maintenance, administration and support of state government generally, and includes the following: Administrative expenditures of the Oregon Department of Administrative Ser…
The Oregon Department of Administrative Services shall determine and may at any time redetermine which state funds or appropriations shall be assessed a reasonable share of governmental service expenses. In determining or redetermining the funds that shall be so assessed: A fund consisting of moneys the use of which is restricted by the Oregon Constitution …
With respect to each biennium beginning on July 1 of an odd-numbered year, the Oregon Department of Administrative Services shall allocate among all state agencies the governmental service expenses, as determined by the department in accordance with ORS 291.272, for the biennium ending two years prior to the beginning of the biennium for which the allocation…
Upon completion of the determination by the Oregon Department of Administrative Services under ORS 291.274 and 291.276, the department shall: Transfer to the Legislative Fiscal Office Operating Fund, with appropriate notice to the State Treasurer, out of moneys appropriated to each state agency, the amount of $4,500,000; and After deducting the amounts spe…
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Moneys in the Administrative Services Economic Development Fund are continuously appropriated for the payment of accounting charges of the Oregon Department of Administrative Services in order to maintain accountability of the fund. Note: 291.285 and 291.290 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapte…
If a state agency is authorized to receive moneys from the Administrative Services Economic Development Fund based on approved legislative limitations, such moneys shall be deposited in a general fund cash account in the State Treasury unless funds are directed to be deposited elsewhere. If the receiving agency is not authorized by statute to have such a cas…
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An appropriation of any sum of money from the General Fund by any law shall not be considered as segregating or setting aside the amount of such appropriation from the moneys constituting the General Fund, but shall be considered and construed as constituting a credit in favor of the appropriation for the amount stated in the law making the appropriation, su…
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As used in ORS 291.322 to 291.334: “Emergency” means any catastrophe, disaster or unforeseen or unanticipated condition or circumstance, or abnormal change of conditions or circumstances, affecting the functions of a state agency and the expenditure requirements for the performance of these functions. “State agency” means any elected or appointed officer, …
There hereby is created a joint committee composed of members of both houses of the Legislative Assembly, to be known as the Emergency Board.
The Emergency Board, during the interim between sessions of the Legislative Assembly, may exercise the following powers: Where an emergency exists, to allocate to any state agency, out of any emergency fund that may be appropriated to the Emergency Board for that purpose, additional funds beyond the amount appropriated to the agency by the Legislative Assem…
Before the Emergency Board makes any allocation, grants any authorization or approves any budget under ORS 291.326, the board may require a state agency to submit written evidence to justify the allocation, authorization or approval or may require the head of the agency to appear before it in support thereof. The Emergency Board may require the Director of …
The Emergency Board shall be composed of the President of the Senate, the Speaker of the House of Representatives, the chairpersons of the Senate and House Ways and Means Committees, eight other members of the Senate, at least four of whom shall have had some previous experience on the Ways and Means Committee, to be appointed by the President of the Senate …
The Emergency Board shall meet immediately upon adjournment sine die of each odd-numbered year regular session of the Legislative Assembly. The board shall meet thereafter at such times as it may determine, except that the activities of the board are suspended during the period beginning at the convening of a regular session of the Legislative Assembly and e…
The Legislative Fiscal Office, upon request of the Emergency Board, shall furnish necessary assistance to the board. The expenses of the board, the cost of employed assistance, and other necessary expenses of the board shall be paid out of funds appropriated to the board specially for that purpose or, if no appropriation is made, out of any emergency fund t…
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By August 15 of each year, but not earlier than 90 days from the end of the regular session of the Legislative Assembly held in that calendar year, the Oregon Department of Administrative Services, with the assistance of the Department of Revenue, shall: Ascertain by computation and estimate the total amount of revenue available for state purposes for the c…
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For purposes of implementing Article IX, section 14 (3), of the Oregon Constitution, if revenues received by the General Fund from the corporate income and excise taxes during the biennium exceed the amount estimated to be received from such taxes for the biennium by two percent or more, the Legislative Assembly shall appropriate an amount equal to the total…
The Oregon Department of Administrative Services, as soon as possible after June 30 of each even-numbered year, shall ascertain the total of General Fund revenues obtained from all sources during the preceding fiscal year, so far as is practicable. The Director of the Oregon Department of Administrative Services shall certify to the total of General Fund an…
As soon as practicable after adjournment sine die of the odd-numbered year regular session of the Legislative Assembly, the Oregon Department of Administrative Services shall report to the Legislative Revenue Officer and the Legislative Fiscal Officer the estimate as of July 1 of the first year of the biennium of General Fund and State Lottery Fund revenues …
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As used in this section, “general governmental purposes” means: Those activities defined as governmental activities under the accounting standards promulgated by the Governmental Accounting Standards Board of the Financial Accounting Foundation that are in effect on August 10, 2001; and Post-secondary educational activities that are partially funded by stu…
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As used in this section: “Legislative review agency” means the Joint Committee on Ways and Means during the period when the Legislative Assembly is in session and the Emergency Board or the Joint Interim Committee on Ways and Means during the interim period between sessions. “State agency” has the meaning given that term in ORS 291.002. Prior to making an…
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As used in this section: “Legislatively approved budget” has the meaning given that term in ORS 291.002. “Program” means an activity or a series of related activities that a state agency performs to fulfill its constitutional or statutory duties and that is identified, by name or otherwise with particularity, in the Oregon Constitution, statutory law, a bu…
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Prior to the submission of any application for financial assistance or grants from the United States or any agency of the United States by or on behalf of any agency of this state, the application must be submitted for legislative review in the following manner: If the application is to be submitted to the federal government when the Legislative Assembly is…
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As used in this section, “legislative review agency” has the meaning given that term in ORS 291.371. The Oregon Department of Administrative Services shall submit a report each calendar quarter for review by the legislative review agency on the reclassification of state positions, including which positions were filled at the time of the reclassification and…
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This section and ORS 291.407 allow the Oregon Department of Administrative Services to assess state agencies and to provide moneys from the assessments to mass transit districts, established under ORS 267.010 to 267.394, transportation districts, established under ORS 267.510 to 267.650, and service districts, established under ORS 451.410 to 451.610 to prov…
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The Mass Transit Assistance Account is established in the General Fund of the State Treasury. The account shall consist of moneys deposited in the account under ORS 291.405 and as otherwise provided by law. The moneys in the account are continuously appropriated to the Oregon Department of Administrative Services to be used as provided in this section. The …
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Before July 1 of each fiscal year, the Director of the Oregon Department of Administrative Services shall request from the appropriate state agency or division a certificate as prescribed in this section. The request shall be made by letter to the agency or division. Each state agency authorized to issue general obligation bonds that are ordinarily to be re…
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No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
Unless authorized by the State Treasurer, the state government, as defined in ORS 174.111, may not accept payments using cryptocurrency. As used in this section, “cryptocurrency” means digital or virtual currency that relies on cryptography to effect transfers and a decentralized network to record transactions. Note: 291.730 was enacted into law by the Leg…
If a person incurs or orders or votes to incur an obligation in violation of a provision of the statutes listed in subsection (4) of this section, the person and the sureties on the person’s bond are jointly and severally liable for the violation to the person in whose favor the obligation was incurred. Upon certification by the Oregon Department of Adminis…