Oregon Law
Law as of Jan 1, 2024
Chapter contents
294.004Definitions 294.005Definitions for ORS 294.005 to 294.025 294.010Surrender of warrants upon payment 294.015Payment on lost, stolen or destroyed warrants upon affidavit of owner, payee or representative 294.020[Repealed by 1979 c.763 §7] 294.025Effect of wrongful payment; liability of officer 294.027Provisions relating to warrants and payment of claims 294.028Payment of warrants by depository 294.029Provisions of ORS 294.027 and 294.028 not mandatory 294.030Deductions for bonds from compensation of municipal and other employees; purchasing bonds in advance 294.033Investment of deferred compensation funds 294.035Investment of funds of political subdivisions; approved investments 294.040Restriction on investments under ORS 294.035 294.045[Amended by 1959 c.224 §1; 1973 c.157 §2; repealed by 1975 c.359 §7] 294.046List of approved securities for investment under ORS 294.035; distribution 294.047Loss of principal on liquidation of investments 294.048Borrowing money when premature withdrawal or liquidation of certain investments would cause loss 294.050[Amended by 1959 c.664 §29; 1969 c.616 §1; renumbered 368.717 in 2015] 294.052Definitions; investment by municipality of proceeds of bonds 294.053Investment by county in master warrants of county 294.055Use by counties of moneys received from federal government under the Mineral Leasing Act 294.060Apportionment of moneys received by counties from federal forest reserves to road and school funds; alternative crediting of moneys 294.063[2012 c.75 §§4,5; 2013 c.479 §§4,5; renumbered 368.708 in 2015] 294.065Use by counties of moneys received from federal government under the federal Flood Control Act 294.070Expenditure of Taylor Grazing Act funds; advisory board 294.080Disposition of interest earned on funds held by county treasurer 294.085[Amended by 1985 c.565 §49; 2011 c.62 §1; repealed by 2015 c.168 §2] 294.090County orders and vouchers to be numbered to correspond to warrants drawn 294.095Action or proceeding with respect to budget or levy; fiscal year with respect to which taken 294.100Public official expending money in excess of amount or for different purpose than provided by law unlawful; civil liability 294.105[Amended by 1963 c.9 §15; 1973 c.315 §1; repealed by 1983 c.537 §7] 294.110[Repealed by 1953 c.306 §18] 294.115[1953 c.655 §1; repealed by 1963 c.576 §44] 294.120Use of facsimile signatures 294.135Investment maturity dates 294.145Prohibited conduct for custodial officer 294.155Annual audit report; monthly report 294.160Opportunity for public comment on new fee or fee increase 294.175Definitions; county expenditures for assessment; determination of adequacy; certification of adequacy; appeal of denial of certification; effect of certification 294.178Assessment grant to county; determination of grant amount; transfer to Assessment and Taxation County Account in certain circumstances 294.181Alternative method for certification 294.184County Assessment Function Funding Assistance Account; sources; purpose 294.187County Assessment and Taxation Fund; sources; purpose 294.205[Amended by 1963 c.544 §13; repealed by 1971 c.267 §16] 294.210[Amended by 1963 c.544 §14; repealed by 1971 c.267 §16] 294.215[Repealed by 1971 c.267 §16] 294.220[Repealed by 1971 c.267 §16] 294.225[Repealed by 1971 c.267 §16] 294.230[Amended by 1957 c.153 §1; 1959 c.243 §1; 1963 c.504 §1; 1983 c.310 §17; 1991 c.683 §2; repealed by 1999 c.654 §37] 294.235[Amended by 1957 c.153 §2; repealed by 1999 c.654 §37] 294.240[Amended by 1957 c.153 §3; repealed by 1999 c.654 §37] 294.245[Amended by 1957 c.153 §4; repealed by 1999 c.654 §37] 294.250Publication by county governing body of schedule of expenditures and statement of proceedings; manner of publication; notice 294.255[Repealed by 1991 c.285 §2] 294.260[Repealed by 1991 c.285 §2] 294.305Sections constituting Local Budget Law 294.310[Amended by 1959 c.262 §1; repealed by 1963 c.576 §44] 294.311Definitions for ORS 294.305 to 294.565 294.315[Repealed by 1963 c.576 §44] 294.316Exclusions from scope 294.320[Repealed by 1963 c.576 §44] 294.321Purposes 294.323Budget period 294.325[Amended by 1961 c.397 §1; repealed by 1963 c.576 §44] 294.326[1963 c.576 §4; 1965 c.451 §2; 1977 c.102 §2; 1979 c.310 §1; 1987 c.280 §1; 1991 c.902 §110; 1995 c.333 §8; 1997 c.308 §5; 1997 c.541 §324; 1999 c.632 §3; 2001 c.135 §5; 2003 c.195 §25; 2005 c.443 §14; 2007 c.783 §118; 2011 c.473 §1; renumbered 294.338 in 2011] 294.330[Repealed by 1963 c.576 §44] 294.331Budget officer 294.333Basis of accounting used by municipal corporation; change of basis 294.335[Repealed by 1963 c.576 §44] 294.336[1963 c.576 §6; 1973 c.61 §1; 1979 c.310 §2; 1997 c.308 §6; 2001 c.135 §32; renumbered 294.414 in 2011] 294.338Compliance with Local Budget Law required prior to expenditure or tax certification; exceptions 294.340[Repealed by 1963 c.576 §44] 294.341[1963 c.576 §7; 1997 c.308 §7; 2005 c.417 §1; 2007 c.670 §1; renumbered 294.423 in 2011] 294.343Internal service funds 294.345[Amended by 1953 c.715 §2; 1955 c.250 §1; 1957 c.673 §3; repealed by 1963 c.576 §44] 294.346Reserve fund established without vote; review of need for reserve fund; unexpended balances; application to system development charges 294.347[1953 c.715 §3; repealed by 1963 c.576 §44] 294.348[1957 c.673 §2; repealed by 1963 c.576 §44] 294.350[Amended by 1953 c.715 §2; 1957 c.673 §4; repealed by 1963 c.576 §44] 294.351[1963 c.576 §8; 1965 c.451 §3; 1971 c.516 §1; 1979 c.310 §3; repealed by 1979 c.686 §2 (294.352 enacted in lieu of 294.351)] 294.352[1979 c.686 §3 (enacted in lieu of 294.351); 2001 c.135 §6; 2011 c.473 §2; renumbered 294.388 in 2011] 294.353Elimination of unnecessary fund; disposition of balance 294.355[Repealed by 1963 c.576 §44] 294.356[1963 c.576 §§8a,9; 1971 c.513 §56; 1979 c.686 §4; 1993 c.112 §1; 2011 c.473 §3; renumbered 294.393 in 2011] 294.358Expenditure and resource estimate sheets; made part of budget document 294.360[Amended by 1957 c.673 §5; 1963 c.576 §22; renumbered 294.416] 294.361Contents of estimate of budget resources 294.363[1971 c.516 §10; repealed by 1979 c.686 §10] 294.365[Amended by 1957 c.310 §2; 1959 c.262 §2; 1961 c.299 §1; 1961 c.678 §1; 1963 c.576 §23; renumbered 294.421] 294.366[1963 c.576 §12; 2005 c.22 §224; renumbered 294.373 in 2011] 294.368Determination of estimated tax revenues 294.370[Amended by 1961 c.678 §2; repealed by 1963 c.576 §44] 294.371[1963 c.576 §13; 1965 c.451 §4; 1997 c.308 §9; 2001 c.135 §8; 2011 c.473 §4; renumbered 294.398 in 2011] 294.373Reserving receipts from revenue-producing property or facility; deposit in special fund 294.375[Repealed by 1963 c.576 §44] 294.376[1963 c.576 §14; 2001 c.135 §9; renumbered 294.358 in 2011] 294.378Certain interest to be included in budget; method 294.380[Amended by 1959 c.262 §3; repealed by 1963 c.576 §44] 294.381[1963 c.576 §15: 1979 c.762 §1; 1991 c.459 §5; 1997 c.308 §10; 1997 c.541 §328; 1999 c.186 §7; 1999 c.632 §5; 2001 c.135 §10; 2001 c.138 §1; 2003 c.46 §1; 2005 c.443 §31; 2007 c.894 §1; 2009 c.538 §16; renumbered 294.368 in 2011] 294.383Inclusions in accrued revenues of school, education service, community college and community college service districts using accrual basis of accounting; State School Fund grant calculations 294.385[Repealed by 1963 c.576 §44] 294.386[1963 c.576 §16; 1979 c.686 §5; 1997 c.308 §11; 1997 c.541 §329; 2007 c.783 §119; repealed by 2011 c.473 §31] 294.388Estimates and reconciliation of expenditures and other requirements; form and contents 294.390[Repealed by 1963 c.576 §44] 294.391[1963 c.576 §17; 1997 c.308 §12; 2001 c.135 §11; 2011 c.473 §5; renumbered 294.403 in 2011] 294.393Preparation of estimates by school, education service and community college districts and by municipal corporations operating public utility or hospital 294.395[Repealed by 1963 c.576 §44] 294.396[1963 c.576 §18; 2001 c.135 §12; renumbered 294.408 in 2011] 294.398Estimate of unappropriated ending fund balance for each fund 294.400[Amended by 1953 c.40 §2; 1959 c.168 §1; repealed by 1963 c.576 §44] 294.401[1963 c.576 §19; 1965 c.451 §5; 1971 c.516 §2; 1989 c.504 §1; 1997 c.308 §13; 1999 c.632 §6; 2011 c.473 §6; renumbered 294.426 in 2011] 294.403Budget message 294.405[Repealed by 1953 c.306 §18] 294.406[1963 c.576 §20; 1965 c.451 §6; 1997 c.308 §14; 1997 c.541 §336a; 1999 c.632 §7; 2001 c.104 §103; 2001 c.135 §13; 2009 c.477 §6; renumbered 294.428 in 2011] 294.408Time of making budget message and document 294.410[Repealed by 1963 c.576 §44] 294.411[1963 c.576 §21; 1969 c.155 §1; 1991 c.459 §6; 1997 c.308 §15; 1999 c.632 §8; 2009 c.596 §3; 2011 c.473 §7; renumbered 294.431 in 2011] 294.413[1971 c.516 §9; 1983 c.549 §1; 1993 c.742 §46; 1997 c.308 §16; renumbered 294.433 in 2011] 294.414Budget committee 294.415[Renumbered 294.425] 294.416[Formerly 294.360; 1965 c.451 §7; 1971 c.516 §3; 1979 c.686 §6; 1997 c.308 §17; 2001 c.135 §14; 2011 c.473 §8; renumbered 294.438 in 2011] 294.418[1971 c.516 §5; 1979 c.686 §7; 1997 c.308 §18; 1997 c.541 §330; 2001 c.135 §15; repealed by 2011 c.473 §31] 294.419[2009 c.477 §2; renumbered 294.444 in 2011] 294.420[Renumbered 294.555] 294.421[Formerly 294.365; 1965 c.451 §8; 1967 c.525 §1; 1969 c.155 §2; 1971 c.516 §6; 1991 c.459 §7; 1997 c.308 §19; 1997 c.541 §331; 1999 c.632 §9; 2001 c.104 §104; 2001 c.135 §16; 2009 c.477 §7; 2009 c.596 §4; 2011 c.473 §11; renumbered 294.448 in 2011] 294.423Governing body of certain municipal corporations to be budget committee; exception 294.425[Formerly 294.415; 1997 c.308 §20; 1997 c.541 §336b; 1999 c.632 §10; 2001 c.104 §105; 2001 c.135 §17; 2009 c.477 §8; renumbered 294.451 in 2011] 294.426Budget committee meeting; notice; receipt of budget message and document; provision of copies of document 294.428Budget committee hearings; approval of budget document 294.430[1963 c.576 §24; 1969 c.155 §3; 1991 c.459 §8; 1997 c.308 §21; 2011 c.473 §12; renumbered 294.453 in 2011] 294.431Submission of budget document to tax supervising and conservation commission before date of public hearing 294.433Format for notices and summaries 294.435[1963 c.576 §25; 1965 c.451 §9; 1969 c.682 §1; 1971 c.516 §7; 1977 c.305 §2; 1979 c.310 §5; 1979 c.686 §8a; 1993 c.270 §3; 1997 c.308 §22; 1997 c.541 §332; 1999 c.632 §11; 2001 c.135 §18; 2001 c.753 §5; 2003 c.14 §145; 2011 c.473 §13; renumbered 294.456 in 2011] 294.437[2001 c.753 §4; 2007 c.350 §1; renumbered 294.476 in 2011] 294.438Publication of notice of meeting, financial summary and budget summary; requirements of financial summary and notice of meeting; rules 294.440[1963 c.576 §26; 1971 c.513 §58; 1983 c.740 §84; 2011 c.473 §14; renumbered 294.478 in 2011] 294.441Requirements for financial summaries of school, education service and community college districts 294.443[1985 c.356 §3; 1993 c.97 §16; 2001 c.135 §19; 2007 c.783 §120; renumbered 294.378 in 2011] 294.444County budget summary of revenues and expenditures funded in part by state resources 294.445[1963 c.576 §28; 1977 c.305 §3; 1997 c.308 §23; 2001 c.135 §20; 2011 c.473 §15; renumbered 294.333 in 2011] 294.447[2002 s.s.4 c.1 §5; 2003 c.96 §§1,2; 2011 c.705 §17; renumbered 294.383 in 2011] 294.448Manner of publication; alternative requirements in certain cases 294.450[1963 c.576 §27; 1975 c.569 §1; 1979 c.310 §6; 1997 c.308 §24; 1999 c.632 §12; 2001 c.135 §21; 2009 c.477 §9; 2011 c.473 §16; renumbered 294.463 in 2011] 294.451Sufficiency of publication of budget documents; notice to governing body and assessor of publication error 294.453Hearing by governing body on budget document as approved by budget committee; alternative procedure in certain cases 294.455[1963 c.576 §27a; 1965 c.451 §10; 1991 c.573 §2; 1997 c.308 §25; 2001 c.135 §22; 2011 c.473 §19; renumbered 294.481 in 2011] 294.456Governing body to adopt budget, make appropriations, declare and categorize property tax amount or rate; amendment of budget estimates, appropriations and tax amounts or rates limited; requirements for appropriations and tax amounts or rates 294.458Filing copy of budget and certain documents with county assessor and Department of Revenue; records 294.460[1963 c.576 §§27b,27c; 1979 c.310 §7; 1999 c.632 §13; 2001 c.135 §23; 2009 c.477 §10; renumbered 294.468 in 2011] 294.461Tax certification contrary to law voidable by Oregon Tax Court; appeal procedure 294.463Transfers of appropriations within fund or between funds 294.465[1963 c.576 §29; repealed by 1999 c.632 §30] 294.466Appropriation of pass-through revenues 294.468Loans from one fund to another; commingling cash balances of funds 294.470[1963 c.576 §30; 1975 c.319 §1; 1997 c.308 §26; 2001 c.135 §24; renumbered 294.343 in 2011] 294.471Supplemental budget in certain cases; no increase in property taxes permitted 294.473Procedure when supplemental budget changes estimated expenditures by more than 10 percent 294.474Requirement to file materials related to measure proposing local option tax or general obligation bond 294.475[1963 c.576 §31; renumbered 294.353 in 2011] 294.476Local option tax or bond measure approved after adoption of budget; supplemental budget 294.477Inclusion in budget of estimated requirements for bonds approved at May election 294.478School or community college district expending federal or state funds in emergency 294.480[1963 c.576 §32; 1979 c.689 §1; 1991 c.459 §9; 1991 c.573 §1; 1993 c.270 §5; 1997 c.308 §27; 1997 c.541 §333; 1999 c.632 §14; 2001 c.104 §106; 2001 c.135 §25; 2001 c.753 §6; 2009 c.477 §11; 2009 c.596 §5; 2011 c.473 §20; renumbered 294.471 in 2011] 294.481Authorization to receive grants or borrow or expend moneys to respond to public emergency 294.483[1993 c.97 §4; 1995 c.333 §9; 1997 c.308 §28; 2001 c.135 §26; 2003 c.195 §26; 2005 c.443 §28; 2007 c.783 §121; repealed by 2011 c.473 §31] 294.485[1963 c.576 §33; 1967 c.78 §12; 1977 c.250 §1; 1993 c.270 §6; 1995 c.79 §103; 1995 c.650 §101; 1997 c.541 §334; 1999 c.340 §7; 1999 c.632 §15; 2005 c.225 §1; renumbered 294.461 in 2011] 294.490Department of Revenue not to interfere with fiscal policy of municipal corporation 294.495Department of Revenue to construe Local Budget Law; rules 294.500Declaratory ruling by Department of Revenue as to its rules; rules 294.505Division of Audits to issue notification of budgetary irregularities; Department of Revenue to advise municipal corporation of correct procedures 294.510Order for revision of budgetary procedures; enforcement 294.515Appeal by municipal corporation from Department of Revenue order 294.520Priority of appeals under Local Budget Law 294.525[1997 c.308 §2; 1999 c.632 §16; renumbered 294.346 in 2011] 294.555[Formerly 294.420; 1965 c.451 §11; 1973 c.333 §1; 1977 c.884 §2; 1985 c.319 §1; 1995 c.79 §104; 1997 c.154 §4; 1997 c.541 §336; 2001 c.135 §27; 2011 c.473 §24; renumbered 294.458 in 2011] 294.565Failure to file copy of required budget, reports or other documents; effect 294.605Definitions for ORS 294.605 to 294.705 294.608Populous counties; establishment of tax supervising and conservation commission or submission of financial summary 294.610Tax supervising and conservation commission; members; appointment; qualifications; term; removal; filling vacancies 294.615Oath of commissioner 294.620Office of commission; employment and compensation of assistants 294.625Jurisdiction of commission 294.630Tax supervising and conservation commission account; additional sources of moneys 294.632Commission calculation and report of costs; municipal corporation reimbursement of commission costs 294.635Submission of budget estimates by levying boards 294.640Hearing on budget 294.645Consideration of budget by commission; certifying objections or recommendations to levying board; procedure where municipality holds hearing in place of commission 294.650Striking unauthorized items from budget; reducing total amount to within limits permitted by law and Constitution 294.655Hearing on special tax levies and bond issues proposed for elector approval 294.660Compiling information as to indebtedness; including in annual report 294.665Levying board to submit audit report or financial statements annually 294.670Commission may inquire into management, books and systems; rules 294.675Calling joint meetings of levying boards 294.680Certifying excessive or unauthorized expenditures to district attorney; action by district attorney 294.685Annual report by commission 294.690Records and files of commission open to public inspection 294.695Attorney General as legal advisor and counsel to commission 294.700Proceedings to collect penalties 294.705Tax supervising and conservation commission fund 294.710Procedures for establishing commission; annual appropriations 294.725Definitions for ORS 294.725 to 294.755 294.730Fund created; State Treasurer as custodian; use of moneys; distribution of earnings 294.735Payments to fund by political subdivisions; benefit cost rate, account reserve ratio and percentage rate determinations and redeterminations; effect of negative balance; refunds; extended plans of additional payments 294.740Refund of account balances; payment of deficits; erroneous benefit payments 294.745Analysis of fund receipts and expenditures; report to Legislative Assembly 294.750Experience and liability of successor political subdivisions; unpaid assessment 294.755Payment on quarterly basis; remedies for collection 294.805Definitions for ORS 294.805 to 294.895 294.810Local and tribal governments authorized to place limited funds in pool 294.815Period of investments; withdrawal of funds 294.820Establishment of investment pools by intergovernmental agreement; conditions; powers 294.825State Treasurer as investment officer; bond; employment of personnel; rules 294.830[1973 c.748 §7; repealed by 1979 c.608 §2 (294.831 enacted in lieu of 294.830)] 294.831Investment objective; limit on maturity dates 294.835Standard of care; investment in certain stocks prohibited 294.840Investment policies; review; separate policies for individual public bodies 294.845Investment officer to invest, reinvest pool funds 294.847Prohibited conduct for investment officer 294.850Contracts with persons to perform investment functions; compensation; bond 294.855Legal opinions; investment counseling services; mortgage services 294.860Custody of investment documents; collection and distribution of income; calculation and allocation of profit and loss; defaulted payments of principal and interest, collection, compromise 294.865Monthly deductions from income received for payment of expenses 294.870Separate accounts for public bodies; reports on investment changes and monthly financial statements required 294.875Monthly report of investments of pool funds; distribution 294.880Program examination and audit; report; distribution 294.882Merger or subsequent separation of investment pool and Oregon Short Term Fund; preconditions 294.885Oregon Short Term Fund Board; members; appointment; term; vacancies 294.890Board members serve without compensation; selection of chairperson 294.895Board duties, generally 294.900“Council of governments” defined 294.905Budget committee; membership; term; vacancies; officers; meetings to be public 294.910Estimates of expenditures; organization and format; matters to be included 294.915Notice of budget committee meeting; public availability of documents 294.920Hearing on budget document 294.925Supplemental budget; conditions; term; publication 294.930Authority of Department of Revenue; budget records maintained by council of governments 294.950County revenue sharing with cities 294.960Collection and disposition of amounts due counties 294.990Penalties

Chapter 294 — County and Municipal Financial Administration GENERAL PROVISIONS 294.125 Investment of funds authorized by order of governing body; limitations

ORS 294.120 Use of facsimile signatures

(1)

When authorized to use facsimile signatures by the governing body of any county, city, district organized for public purposes or any other public corporation or political subdivision of the state, any person authorized to sign any check, warrant or other instrument on behalf of the county, city, district, public corporation or political subdivision may, in the discretion of the person, sign the check, warrant or other instrument by facsimile signature affixed by rubber stamp or by any mechanical equipment or device.

(2)

Where the use of facsimile signatures is authorized under this section, the holder or drawee of any check, warrant or other instrument bearing or purporting to bear a facsimile signature shall be under no duty to determine the authority of the person who affixed the facsimile signature to use facsimile signatures. [1955 c.261 §1] 294.125 Investment of funds authorized by order of governing body; limitations.

(1)

Subject to ORS 294.040 and 294.135 to 294.155, the custodial officer of any county, municipality, school district or other political subdivision of this state may, after having obtained a written order from the governing body of the county, municipality, school district or other political subdivision, which order shall be spread upon the minutes or journal of the governing body, invest

any sinking fund, bond fund or surplus funds belonging to that county, municipality, school district or other political subdivision in the bank accounts, classes of securities at current market prices, insurance contracts and other investments described in ORS 294.035. However, notwithstanding any provision of ORS 190.003 to 190.250, except as provided in ORS 294.035:

(a)

No custodial officer of any political subdivision of this state may accept for investment or invest the funds of any other political subdivision of this state; and

(b)

No such political subdivision may tender funds for investment to the custodial officer of any other such political subdivision.

(2)

Subject to ORS 294.040, 294.135 to 294.155 and subsection (1) of this section, the custodial officer of a port organized under ORS chapter 777 or 778 may invest any sinking fund, bond fund or surplus funds belonging to the port in interest-bearing revenue bonds issued by an export trading corporation formed by the port under ORS 777.755 to 777.800. A custodial officer of a port shall not invest in the aggregate more than $3 million in revenue bonds issued by an export trading corporation.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.