reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 294 - County and Municipal Financial Administration › Section 294.510 - Order for revision of budgetary procedures; enforcement.

(1) The Department of Revenue may order a municipal corporation to revise its budget procedures to conform with ORS 294.305 to 294.565 when irregularities in the procedures of the municipal corporation are called to its attention.
(2) The Department of Revenue may require the municipal corporation in its order to file for inspection a copy of the budget document at any stage in the procedure of the budget preparation.
(3) If the municipal corporation or officer or employee thereof neglects or refuses to comply with the department order, the department may apply to the judge of the Oregon Tax Court for an order returnable within five days from the date thereof, to compel such municipal corporation, public officer or employee to comply with such order or to show cause why the order should not be complied with.
(4) Any order issued by the judge pursuant to subsection (3) of this section may be appealed from as provided by ORS 305.445, except that the appeal shall be filed within 10 days of the entering of the order. The Supreme Court shall hear and determine the appeal expeditiously, as may be appropriate for the timely and orderly completion of the budgetary process of the municipal corporation and the extension of its levy upon the assessment and tax roll.
(5) The remedy provided in this section is cumulative and shall not preclude the department from exercising any power or right otherwise provided by law. [1963 c.576 §34b; 1977 c.221 §1]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 294 - County and Municipal Financial Administration › Section 294.515 - Appeal by municipal corporation from Department of Revenue order.

Any municipal corporation aggrieved by and directly affected by an order of the Department of Revenue relating to the preparation of budgets or the extension of any tax levy may appeal to the Oregon Tax Court in the manner provided by ORS 305.404 to 305.560. [1963 c.576 §33a; 1979 c.689 §2; 1995 c.650 §102]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 294 - County and Municipal Financial Administration › Section 294.520 - Priority of appeals under Local Budget Law.

The appeal filed with the Oregon Tax Court pursuant to ORS 294.461, 294.500 and 294.515 shall have priority over all other cases pending before the Oregon Tax Court and shall be heard and decided as soon after coming to issue as is reasonably possible. [1963 c.576 §33b]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 294 - County and Municipal Financial Administration › Section 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]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 294 - County and Municipal Financial Administration › Section 294.565 - Failure to file copy of required budget, reports or other documents; effect.

If any city shall fail to file its documents or reports required by ORS 294.458 or 297.405 to 297.555 with the Department of Revenue or Secretary of State, as the case may be, within 30 days after a request therefor has been made by certified mail to the city, the Department of Revenue or Secretary of State may certify to the officer responsible for disbursing funds to cities under ORS 323.455, 366.785 to 366.820 and 471.810 the fact of such failure to file the documents or reports. Notwithstanding the requirements under ORS 323.455, 366.785 to 366.820 and 471.810 for prompt payment of funds due a city, such officer shall withhold payment to the city of any funds ordinarily payable to it under ORS 323.455, 366.785 to 366.820 and 471.810 until notified by the Department of Revenue or Secretary of State that the required document or report has been received as required by law. A copy of such certification and request shall be furnished the delinquent city. [1973 c.252 §1; 1977 c.774 §18; 1979 c.286 §5]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 294 - County and Municipal Financial Administration › Section 294.605 - Definitions for ORS 294.605 to 294.705.

As used in ORS 294.605 to 294.705, unless the context otherwise requires:
(1) "Commission" means the tax supervising and conservation commission.
(2) "Commissioner" means a member of the tax supervising and conservation commission.
(3) "Municipal corporations" means the county, and any city, town, port, school district, union high school district, road district, irrigation district, water district, dock commission, and all other public and quasi-public municipal corporations that have power to levy a tax within the county.
(4) "Levying board" means the common council, board of commissioners, board of directors, county court or other managing board of the county, or of any city, town, port, school district, union high school district, road district, irrigation district, water district, dock commission, and of all other public or quasi-public corporations that have power to levy a tax within the county.
(5) "County court" means the county court or board of county commissioners of the county.
(6) "Fiscal year" means the calendar year ending on December 31, or any period of 12 months ending during the calendar year on the last day of any month other than December.
(7) "Assessor" means the county assessor or other officer charged by law with the duty of extending taxes upon the assessment and tax roll.
(8) "Current year" means the present year.
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 294 - County and Municipal Financial Administration › Section 294.608 - Populous counties; establishment of tax supervising and conservation commission or submission of financial summary.

(1) The governing body of a county with a population of 500,000 or more inhabitants, based on the most recently available data published or officially provided by the Portland State University Population Research Center, shall:
(a) Establish a tax supervising and conservation commission under ORS 294.710; or
(b) Require each municipal corporation that would be under the jurisdiction of a tax supervising and conservation commission if a commission were established in the county under paragraph (a) of this subsection to submit to the county a financial summary of the proposed budget in the format required under ORS 294.438.
(2) A municipal corporation required to submit a financial summary of the municipal corporation must comply with the requirement before the date of the first budget committee meeting of the municipal corporation under ORS 294.426.
(3)(a) The financial summary submitted to the county under this section must be in an electronic format that is compatible with Internet publication.
(b) The county shall publish all financial summaries received from municipal corporations under this section on the Internet website of the county. [2005 c.750 §7; 2011 c.473 §25]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 294 - County and Municipal Financial Administration › Section 294.610 - Tax supervising and conservation commission; members; appointment; qualifications; term; removal; filling vacancies.

(1) A tax supervising and conservation commission shall consist of five members appointed by the Governor. The commissioners appointed shall be citizens of the United States and of Oregon and residents in the county for which they are appointed and shall be electors therein. The commissioners shall serve wholly without compensation.
(2) Unless sooner removed by the Governor, as provided in this section, the commissioners shall hold office for a term of four years and until their successors are appointed and qualified. The term of office of the members of the commission shall commence on January 1.
(3) The Governor may, for good and sufficient cause, remove any commissioner at any time and appoint a successor.
(4) In case of death, resignation or inability of any member of the commission to serve, or of removal of any member of the commission from office, the Governor shall make an appointment to fill the balance of the unexpired term of that commissioner. [Amended by 1961 c.644 §2; 1973 c.61 §2; 1991 c.80 §1; 2005 c.750 §3]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 294 - County and Municipal Financial Administration › Section 294.615 - Oath of commissioner.

Before taking office each commissioner shall take and subscribe the following oath, before an officer qualified to administer oaths, in substantially the following form:
______________________________________________________________________________
State of Oregon )
) ss.
County of______ )
I, ________, being first duly sworn, depose and say that
for the term of ___ year (s), to which I have been appointed as a member of the tax supervising and conservation commission for ______ County, I will faithfully and impartially discharge the duties of my said office; that I will support the Constitution of the United States and the Constitution of the State of Oregon and all laws passed in pursuance of either; that I will endeavor to secure economical expenditure of public funds sufficient in amount to afford efficient and economical administration of government in the county for which I have been appointed, and in each city, town, port, school district, union high school district, road district, irrigation district, water district, dock commission and all other municipal corporations within the territorial limits of my county; and that I will perform said duty without fear, favor or compulsion, and without hope of reward.
Subscribed and sworn to before me this ___ day of______, 2__.
Notary Public of Oregon
My commission expires______.
______________________________________________________________________________
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 294 - County and Municipal Financial Administration › Section 294.620 - Office of commission; employment and compensation of assistants.

(1) The county court shall furnish an office in the county courthouse or other convenient place for the use of the commission, as is furnished to other departments.
(2) The commission may employ and fix the salaries of such clerks and other assistants as in their judgment shall seem meet and proper to keep the records of the commission and perform any other service to which they may be assigned by the commission. Such clerks and assistants shall be paid out of the general fund of the county in the same manner as other county officers and employees are paid.
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 294 - County and Municipal Financial Administration › Section 294.625 - Jurisdiction of commission.

(1) The tax supervising and conservation commission has jurisdiction over all municipal corporations that have a population exceeding 200,000 and that are subject to the provisions of the Local Budget Law. If the territory of the municipal corporation lies in two or more counties, the municipal corporation shall be within the jurisdiction of the commission if the real market value of all property subject to taxation by the municipal corporation in a county having a commission is greater than the real market value of property subject to taxation by the municipal corporation in any other county. Real market value is the real market value computed according to ORS 308.207 from the assessment rolls last in the process of collection.
(2)(a) The commission has jurisdiction over a municipal corporation with a population not exceeding 200,000 unless an election is made under this subsection.
(b) The governing body of a municipal corporation electing not to be under the jurisdiction of the commission must make the election and communicate its intention to the commission not later than January 1 of the calendar year in which the fiscal year for which the budget is proposed will begin.
(c) An election under this subsection is effective for a period of not less than three years. [Amended by 1961 c.678 §3; 1965 c.451 §12; 1969 c.155 §4; 1981 c.623 §1; 1991 c.459 §10; 2009 c.596 §6]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 294 - County and Municipal Financial Administration › Section 294.630 - Tax supervising and conservation commission account; additional sources of moneys.

(1) There hereby is created an account to be known as the tax supervising and conservation commission account in the general fund of each county subject to ORS 294.605 to 294.705.
(2)(a) On or before April 1 of each year, the tax supervising and conservation commission shall submit certified budgets for the ensuing fiscal year to the county court or board of county commissioners. The budget shall contain a complete and detailed estimate of the proposed expenditures of the commission for all purposes.
(b) Following the receipt of the budget, the county court or board of county commissioners shall include the budget as submitted as a part of the county budget and shall make an appropriation for the tax supervising and conservation commission account sufficient to cover the proposed expenditures, but no appropriation shall be made in any county in any year for such purpose in excess of $410,000. The maximum amount of the appropriation shall be increased by four percent each fiscal year, beginning with the fiscal year starting July 1, 2019. The county court or board of county commissioners shall not reduce the amount of the budget as presented by the tax supervising and conservation commission, within the amount stated in this section, nor shall it refuse to approve any lawful request for disbursement of money from the tax supervising and conservation commission account.
(3)(a) The tax supervising and conservation commission may:
(A) Charge for services provided by the commission to any municipal corporation that is not subject to the commission’s jurisdiction under ORS 294.625; and
(B) Apply for and receive grants.
(b) Any moneys received pursuant to this subsection shall:
(A) Be credited to the tax supervising and conservation commission account created under this section;
(B) Be continuously appropriated to the commission for the performance of duties and for the exercise of authority assigned to the commission under ORS 294.605 to 294.705; and
(C) Supplement, not supplant, the appropriation for the commission account made pursuant to subsection (2)(b) of this section.
(c) Costs incurred by the commission pursuant to paragraph (a) of this subsection may not be charged to municipal corporations subject to the commission’s jurisdiction under ORS 294.625. [Amended by 1955 c.263 §1; 1961 c.644 §1; 1969 c.363 §1; 1973 c.68 §1; 1975 c.116 §1; 1977 c.88 §1; 1981 c.96 §1; 1985 c.228 §1; 1989 c.222 §1; 1999 c.632 §20; 2009 c.596 §7; 2019 c.46 §1]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 294 - County and Municipal Financial Administration › Section 294.635 - Submission of budget estimates by levying boards.

(1) In each county that has a tax supervising and conservation commission, the levying boards of all municipal corporations that have a population exceeding 200,000 and municipal corporations that have not made an election under ORS 294.625 (2) shall, on or before May 15 of each fiscal year or on or before May 15 of the first fiscal year of a budget period, submit their detailed estimates of the budget deemed necessary to be expended by the municipal corporations, respectively, for all purposes for the next ensuing fiscal year or ensuing budget period. The tax supervising and conservation commission may, if a good and sufficient reason exists therefor and if application is made to the commission in writing, grant any municipal corporation such extension of time for filing its budget as may seem to the commission just and reasonable.
(2) The budget estimates required by this section to be filed with the commission shall be in writing and shall be certified to as correct and shall be so prepared and arranged as to show in plain and succinct language each particular item of proposed expenditure. There shall be attached to each budget, and made a part thereof, the levying board’s estimate of the probable receipts of the municipal corporation from all other sources than direct tax levy and bond issues during the fiscal years for which the budget has been prepared. The budget estimates shall show in parallel columns the actual expenditures for the two fiscal years next preceding the current year, the estimated expenditures for the current year and the estimated expenditures for the next ensuing fiscal year. [Amended by 1961 c.678 §4; 1963 c.576 §37; 1977 c.431 §2; 1991 c.80 §2; 2001 c.135 §28; 2005 c.750 §4; 2009 c.596 §8]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 294 - County and Municipal Financial Administration › Section 294.640 - Hearing on budget.

Every levying board shall be entitled to a hearing by the commission upon the budget submitted by it. The commission shall set times and places for such hearings, which shall be open to the public. The commission shall give notice, in such form and manner as it shall prescribe, of such hearing to every levying body entitled to such hearing. The levying boards shall meet with the commission at such times and places fixed by the commission for such hearings and discuss the budget with the commission.
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 294 - County and Municipal Financial Administration › Section 294.645 - Consideration of budget by commission; certifying objections or recommendations to levying board; procedure where municipality holds hearing in place of commission.

(1) After the hearings have been held the commission shall carefully consider the proposed budgets and shall by majority vote of the members of the commission certify in writing to the levying board of any municipal corporation, on or before June 25 of each fiscal year, or on or before June 25 of the first fiscal year of a budget period, any objections which the commission may have to the adoption of the budget, or any item therein, or any recommendations which the commission may desire to make regarding the budget. If the commission does not desire to make any recommendations or objections, it shall certify that fact to the levying board. The responsibility of the commission shall be advisory only.
(2) Certification of a budget for a municipal corporation holding its own hearing shall be made in the same manner as required by subsection (1) of this section, except that any recommendations or objections shall be certified to the levying board prior to the date of the hearing. [Amended by 1961 c.678 §5; 1963 c.576 §38; 1999 c.632 §17; 2001 c.135 §29]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 294 - County and Municipal Financial Administration › Section 294.650 - Striking unauthorized items from budget; reducing total amount to within limits permitted by law and Constitution.

(1) If in the examination of any budget of any municipal corporation the commission finds that any item is an expenditure not authorized by law to be made by the municipal corporation, the commission may order the item to be stricken from the budget. The levying board of the municipal corporation thereupon shall strike the item from the budget and shall not thereafter levy any tax for the payment of the same.
(2) If, after the hearing, the commission finds that the total amount of the tax levy of any municipal corporation exceeds the amount permitted by law or any provision of the Constitution of this state to be levied by the municipal corporation, the commission shall order that the total amount of the budget be reduced to within the limits permitted by law or constitutional limitation, and shall file certified copies of such order with the county assessor and county clerk. The levying board of the municipal corporation thereupon shall comply with the order of the commission by so reducing the total amount of the budget.
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 294 - County and Municipal Financial Administration › Section 294.655 - Hearing on special tax levies and bond issues proposed for elector approval.

The commission shall conduct public hearings on all special tax levies and bond issues proposed for elector approval by the levying boards. Any levying board proposing to ask elector approval of a special tax levy or of a bond issue shall notify the commission in writing of its proposal not less than 30 days prior to the filing date for the election and set forth its reasons therefor, but the commission in its discretion may permit such notification to be filed in such shorter period of time as it sees fit. Upon the receipt of the notification the commission shall fix the time and place of hearing and notify the levying board to attend the hearing and discuss the proposed special tax levy or bond issue with the commission. The hearings provided for in this section shall be in addition to the regular budget hearings provided for by ORS 294.640. [Amended by 1999 c.632 §18]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 294 - County and Municipal Financial Administration › Section 294.660 - Compiling information as to indebtedness; including in annual report.

The commission shall compile accurate statistical and other information as to bonded or other indebtedness within the county and of all municipal corporations within the county and shall keep a permanent record thereof. The commission shall issue a statement thereof as of June 30 of each year, in the annual report of the commission. The statement shall show also the interest charges for the ensuing year on account of such indebtedness and the amount of principal to be retired in that year.
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 294 - County and Municipal Financial Administration › Section 294.665 - Levying board to submit audit report or financial statements annually.

The levying board of each municipal corporation under the jurisdiction of the commission shall annually submit a copy of the full report of its independent auditor under ORS 297.425, or a copy of the financial statements submitted to the Secretary of State under ORS 297.435, as soon as practicable after the close of each fiscal year. [Amended by 1999 c.632 §19]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 294 - County and Municipal Financial Administration › Section 294.670 - Commission may inquire into management, books and systems; rules.

(1) The commission may inquire into the management, books of account and systems employed, of each municipal corporation, and of each department thereof within its respective county.
(2) Notwithstanding ORS 294.495 (2), the commission may prescribe such rules and regulations as are considered proper to effectually carry out the purposes of ORS 294.305 to 294.705. In any case where rules adopted pursuant to this subsection conflict with rules adopted by the Department of Revenue, rules adopted by the department shall prevail. [Amended by 1975 c.669 §1]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 294 - County and Municipal Financial Administration › Section 294.675 - Calling joint meetings of levying boards.

The commission may call joint meetings of the levying boards subject to ORS 294.605 to 294.705 and may require their attendance for the purpose of discussing problems common to two or more municipal corporations under the jurisdiction of the commission, including long range financial planning, building programs, special levies, bond issues and cooperative ventures such as joint purchasing.
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 294 - County and Municipal Financial Administration › Section 294.680 - Certifying excessive or unauthorized expenditures to district attorney; action by district attorney.

If at any time the commission finds that any municipal corporation, or public official thereof, has expended any public money in excess of the amounts or for any other or different purpose or purposes than is authorized by law, the commission shall certify to the district attorney for the county that fact, and the district attorney shall proceed for the recovery thereof as by law provided.
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 294 - County and Municipal Financial Administration › Section 294.685 - Annual report by commission.

A complete and comprehensive report of the budgets as presented by the several levying boards, as provided by ORS 294.635 to 294.650, and of any and all other information pertaining to the administration of government in the county and to the expenditures and conservation of public funds, shall be made annually by the commission and published in document form for the information of the electors and taxpayers. Copies of the report shall be filed with the Governor and with the county court.
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 294 - County and Municipal Financial Administration › Section 294.695 - Attorney General as legal advisor and counsel to commission.

The Attorney General shall be the legal advisor and counsel of the commission and shall represent it in all suits and actions and other legal proceedings in any court in this state. The Attorney General shall receive compensation for any services rendered in such capacity. [Amended by 1969 c.363 §2; 1973 c.775 §6]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 294 - County and Municipal Financial Administration › Section 294.700 - Proceedings to collect penalties.

The penalties provided for in ORS 294.990 (2) and (3) shall be recovered by actions at law instituted in the name of the commission by the district attorney. Any proceedings against a municipal corporation shall be taken against the municipal corporation, as such, and the penalty when recovered shall be deducted from any money in the county treasury to the credit of the municipal corporation. Any proceeding against a levying board shall be taken against the individual members of the levying board who are responsible for the failure, neglect or refusal to comply. [Amended by 1971 c.267 §14]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 294 - County and Municipal Financial Administration › Section 294.710 - Procedures for establishing commission; annual appropriations.

(1) Any county with a population of less than 500,000 inhabitants, based on the most recently available data published or officially provided by the Portland State University Population Research Center, may establish, with the approval of a majority of its electors voting on the question, a tax supervising and conservation commission that substantially conforms to the provisions of ORS 294.605 to 294.705.
(2) Any county with a population of 500,000 or more inhabitants, based on the most recently available data published or officially provided by the Portland State University Population Research Center, may establish a tax supervising and conservation commission that substantially conforms to the provisions of ORS 294.605 to 294.705 provided the county obtains the approval of a majority of the members of its governing body voting on the question.
(3) Notwithstanding ORS 294.630, a county under this section may establish its own maximum annual appropriation to a tax supervising and conservation commission in the ordinance creating the commission. [1977 c.431 §1; 1991 c.80 §3; 2005 c.750 §5]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 294 - County and Municipal Financial Administration › Section 294.725 - Definitions for ORS 294.725 to 294.755.

For the purposes of ORS 294.725 to 294.755:
(1) "Account balance" means the amount a political subdivision has paid into the Local Government Employer Benefit Trust Fund less the amount of unemployment benefits paid by the Employment Department on behalf of the political subdivision.
(2) "Account reserve ratio" means the ratio, expressed as a percent carried to four decimal places, that is equal to:
(a) The account balance of the political subdivision on June 30, divided by gross wages paid by the political subdivision to individuals subject to ORS chapter 657 during the four calendar quarters ending on June 30; or
(b) For purposes of a redetermination made pursuant to ORS 294.735 (2)(b), the account balance of the political subdivision on the date of the request, divided by gross wages paid by the political subdivision to individuals subject to ORS chapter 657 during the last four-calendar-quarter period ending before the date of the request.
(3) "Aggregate benefit cost rate" means the total unemployment benefits paid during a cost rate period that is attributable to wages paid by all political subdivisions divided by the gross wages paid to individuals subject to ORS chapter 657 during the cost rate period by all political subdivisions. The rate shall be expressed as a percent and rounded to the nearest one-tenth of one percent.
(4) "Benefit cost rate" means the total unemployment benefits paid during a cost rate period that is attributable to wages paid by a political subdivision divided by gross wages paid to individuals subject to ORS chapter 657 during the cost rate period by the political subdivision. The rate shall be expressed as a percent and carried to four decimal places.
(5) "Cost rate period" means:
(a) The prior three-year period ending June 30 of each year; or
(b) For purposes of a redetermination made pursuant to ORS 294.735 (2)(b), the three-year period ending on the last day of the last four-calendar-quarter period that ends before the date of the request.
(6) "Department" means the Employment Department.
(7) "Director" means the Director of the Employment Department.
(8) "Erroneous benefit payments" means any amount paid to an individual to which the individual is not entitled due to:
(a) Any error, whether or not due to misrepresentation or nondisclosure of material fact by the claimant; or
(b) An initial decision to pay benefits that is subsequently reversed by a decision finding the individual was not eligible for the benefits and the decision has become final.
(9) "Local Government Employer Benefit Trust Fund" or "fund" means the fund created by ORS 294.730.
(10) "Political subdivision" means a political subdivision as defined by ORS 657.097.
(11) "Unemployment benefits" or "benefits" means regular and extended benefits paid under ORS chapter 657. [1977 c.491 §3; 1989 c.135 §1; 1993 c.344 §9; 2007 c.71 §91; 2011 c.569 §1]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 294 - County and Municipal Financial Administration › Section 294.740 - Refund of account balances; payment of deficits; erroneous benefit payments.

(1) The Employment Department shall refund to a political subdivision electing to cancel its request as provided by ORS 657.513 any account balance remaining after the department has made all payments to the Unemployment Compensation Trust Fund required to be made on behalf of the political subdivision.
(2) A political subdivision canceling a request having a negative account balance shall make such additional payments into the fund as necessary to maintain a zero account balance.
(3) Erroneous benefit payments determined after June 30, 1978, and attributable to wages paid by a political subdivision making payments under ORS 294.735 shall be excluded from the account balance determination and the determination of the benefit cost rate of that political subdivision. [1977 c.491 §§6,7; 1989 c.135 §4]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 294 - County and Municipal Financial Administration › Section 294.745 - Analysis of fund receipts and expenditures; report to Legislative Assembly.

The Employment Department shall investigate the experience of political subdivision participation in operations of the fund, including the relationship of fund receipts to fund expenditures and report the results of the investigation to the legislature at least 30 days prior to the convening of the odd-numbered year regular session of the Legislative Assembly. The report shall include any recommended changes in the provisions of ORS 293.701, 294.725 to 294.755 and 657.513. [1977 c.491 §8; 1989 c.135 §5; 2011 c.545 §39]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 294 - County and Municipal Financial Administration › Section 294.750 - Experience and liability of successor political subdivisions; unpaid assessment.

(1) The experience and liabilities of a political subdivision that has ceased to exist shall be acquired by the successor political subdivision.
(2) Notwithstanding subsection (1) of this section, all units of government who are parties to an agreement to form a political subdivision shall be liable for any unpaid assessments of that political subdivision and for such amounts as necessary to maintain the account balance of the political subdivision, if no longer in existence, at zero dollars. [1977 c.491 §9]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 294 - County and Municipal Financial Administration › Section 294.755 - Payment on quarterly basis; remedies for collection.

Political subdivisions electing to participate in the Local Government Employer Benefit Trust Fund shall pay into the fund on a quarterly basis and are subject to all remedies for the collection of delinquent taxes provided in ORS chapter 657. [1977 c.491 §10]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 294 - County and Municipal Financial Administration › Section 294.805 - Definitions for ORS 294.805 to 294.895.

As used in ORS 294.805 to 294.895:
(1) "Board" means the Oregon Short Term Fund Board.
(2) "Council" means the Oregon Investment Council created under ORS 293.706.
(3) "Funds" means funds under the control or in the custody of any local government official or tribal government official by virtue of office that are not required to meet current demands.
(4) "Investment officer" means the State Treasurer in capacity as investment officer for the council and the investment pool.
(5) "Investment pool" means the aggregate of all funds from local government officials and tribal government officials that are placed in the custody of the investment officer for investment and reinvestment as provided under ORS 294.805 to 294.895.
(6) "Local government official" means each officer or employee of any agency, political subdivision or public corporation of this state, including the Oregon State Bar, who by law is made the custodian of or has control of any funds.
(7) "Oregon Indian tribe" means each of the Burns Paiute Tribe, the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians, the Confederated Tribes of the Grand Ronde Community of Oregon, the Confederated Tribes of Siletz Indians of Oregon, the Confederated Tribes of the Umatilla Indian Reservation, the Confederated Tribes of the Warm Springs Reservation of Oregon, the Coquille Indian Tribe, the Cow Creek Band of Umpqua Tribe of Indians and the Klamath Tribes, as long as each remains a federally recognized Indian tribe.
(8) "Public body" means:
(a) A public body as defined in ORS 287A.001; or
(b) An Oregon Indian tribe.
(9) "Tribal government" means the governing body of an Oregon Indian tribe.
(10) "Tribal government official" means each officer or employee of a tribal government who by law is made the custodian of or has control of any funds. [1973 c.748 §1; 1981 c.880 §14; 1987 c.381 §1; 2013 c.338 §1]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 294 - County and Municipal Financial Administration › Section 294.810 - Local and tribal governments authorized to place limited funds in pool.

(1)(a) Subject to paragraph (b) of this subsection, with the consent of the governing body, a local government official or tribal government official may place in the aggregate up to $30 million of the funds of the local government or tribal government in the investment pool, or, if the assets of the investment pool have been transferred pursuant to ORS 294.882, for investment and reinvestment by the investment officer as provided under ORS 293.701 to 293.857 or 294.805 to 294.895, as the case may be.
(b) The investment officer may require the governing body of the local government or tribal government to enter into an investment agreement as a condition of placing funds with the investment officer pursuant to this subsection.
(2) The $30 million limitation in this section does not apply either to funds of a governing body that are placed in the investment pool on a pass-through basis or to funds invested on behalf of another government unit. Local governments must remove pass-through funds that result in an account balance in the pool in excess of $30 million within 10 business days. County governments and tribal governments must remove such excess funds within 20 business days.
(3) The investment officer shall annually adjust the $30 million limitation in this section by multiplying $30 million by the percentage, if any, by which the monthly averaged U.S. City Average Consumer Price Index for the 12 consecutive months ending August 31 of the current calendar year exceeds the monthly averaged U.S. City Average Consumer Price Index for the 12 consecutive months ending August 31, 1995. [1973 c.748 §2; 1981 c.880 §15; 1987 c.381 §2; 1995 c.245 §10; 2009 c.11 §38; 2009 c.821 §26; 2013 c.338 §2; 2014 c.18 §2; 2015 c.33 §1]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 294 - County and Municipal Financial Administration › Section 294.815 - Period of investments; withdrawal of funds.

Subject to the right of the unit of local government or the tribal government to specify the period in which its funds may be held in the investment pool for investment and reinvestment, the investment officer by rule shall prescribe the time periods for investments in the investment pool and the procedure for withdrawal of funds. [1973 c.748 §3; 2013 c.338 §3]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 294 - County and Municipal Financial Administration › Section 294.820 - Establishment of investment pools by intergovernmental agreement; conditions; powers.

If the State Treasurer and the Oregon Investment Council terminate the operation of all investment pools created under ORS 293.863, public bodies may establish by written agreement under ORS chapter 190 one or more pools for the investment of proceeds for the purposes identified in ORS 293.861. In establishing one or more such pools, the participating public bodies may exercise those powers conferred on the State Treasurer and the Oregon Investment Council by ORS 293.863. [1973 c.748 §4; 1979 c.608 §1; 1995 c.245 §11; 2007 c.783 §122; 2013 c.338 §4]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 294 - County and Municipal Financial Administration › Section 294.825 - State Treasurer as investment officer; bond; employment of personnel; rules.

(1) The State Treasurer is the investment officer for the Oregon Investment Council and the investment pool, and shall perform functions in that capacity as authorized or required by law and, consistent with law, by the council.
(2) The bond of the State Treasurer required from the State Treasurer by law shall be deemed to extend to the faithful performance of all functions of the office of investment officer under ORS 294.805 to 294.895.
(3) The investment officer may:
(a) Subject to any applicable provision of the State Personnel Relations Law, employ, prescribe the functions and fix the compensation of personnel necessary to facilitate and assist in carrying out the functions of the council, investment officer and investment pool.
(b) Require a fidelity bond of any person employed by the investment officer who has charge of, handles or has access to any of the moneys in the investment pool. The amounts of the bonds shall be fixed by the investment officer, except as otherwise provided by law, and the sureties shall be approved by the investment officer. The premiums on the bonds shall be an expense of the State Treasurer.
(4) Subject to review by the board, the investment officer may, pursuant to ORS chapter 183, make reasonable rules necessary for the administration of ORS 294.805 to 294.895. [1973 c.748 §§5,18]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 294 - County and Municipal Financial Administration › Section 294.831 - Investment objective; limit on maturity dates.

(1) The investment officer shall seek to obtain a competitive return on investments of the investment pool subject to the standards set forth in ORS 294.835 and consistent with the liquidity requirements demanded by the short term nature of local government and tribal government deposits in the pool.
(2) The investment officer shall at all times hold investments which mature in three years or less, in an amount not less than an amount equal to the aggregate of all funds placed with the investment officer by local governments and tribal governments under ORS 294.805 to 294.895, which investments shall be from the funds defined in ORS 293.701 (2)(o).
(3) Notwithstanding subsection (2) of this section, the investment officer may purchase legally issued general obligations of the United States and of the agencies and instrumentalities of the United States if the seller of the obligations agrees to repurchase the obligations within 90 days following the date on which the investment officer makes the investment. The price paid by the investment officer for such obligations may not exceed amounts or percentages prescribed by written policy of the Oregon Investment Council or the Oregon Short Term Fund Board created by ORS 294.885.
(4) Investments and commitments of the investment pool which do not conform to the quality or maturity requirements set forth in ORS 294.805 to 294.895 shall be liquidated by the investment officer once the market value of such investments and commitments reaches book value, or as soon as is practicable thereafter. [1979 c.608 §3 (enacted in lieu of 294.830); 1981 c.880 §16; 1987 c.381 §3; 1993 c.18 §61; 1995 c.40 §1; 2009 c.541 §14; 2013 c.338 §5]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 294 - County and Municipal Financial Administration › Section 294.835 - Standard of care; investment in certain stocks prohibited.

(1) In investing and reinvesting moneys in the investment pool and in acquiring, retaining, managing and disposing of investments of the investment pool there shall be exercised the judgment and care under the circumstances then prevailing, which individuals of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital. Within the limitations of the foregoing standard and subject to subsection (2) of this section, there may be acquired, retained, managed and disposed of as investments of the investment pool every kind of investment which individuals of prudence, discretion and intelligence acquire, retain, manage and dispose of for their own account.
(2) Notwithstanding subsection (1) of this section, moneys in the investment pool may not be invested in the stock of any company, association or corporation. [1973 c.748 §8; 1979 c.608 §4; 2005 c.294 §2]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 294 - County and Municipal Financial Administration › Section 294.840 - Investment policies; review; separate policies for individual public bodies.

Subject to the objective set forth in ORS 294.831 and the standards set forth in ORS 294.835, the Oregon Investment Council shall formulate policies for the investment and reinvestment of moneys in the investment pool and the acquisition, retention, management and disposition of investments of the investment pool. The council, from time to time, shall review those policies and make changes therein as it considers necessary or desirable. The council may formulate separate policies for any funds from any single public body included in the investment pool. [1973 c.748 §9; 2007 c.783 §122a]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 294 - County and Municipal Financial Administration › Section 294.845 - Investment officer to invest, reinvest pool funds.

In amounts available for investment purposes and subject to the policies formulated by the Oregon Investment Council, the investment officer shall invest and reinvest moneys in the investment pool and acquire, retain, manage, including exercise of any voting rights, and dispose of investments of the investment pool. [1973 c.748 §10]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 294 - County and Municipal Financial Administration › Section 294.847 - Prohibited conduct for investment officer.

In making investments pursuant to ORS 294.805 to 294.895, the investment officer may not:
(1) Make a commitment to invest funds or sell securities more than 14 business days prior to the anticipated date of settlement of the purchase or sale transaction;
(2) Enter into any agreement to invest funds or sell securities for future delivery for a fee other than interest;
(3) Lend securities to any person or institution, except on a fully collateralized basis;
(4) Pay for any securities purchased by the investment officer until the investment officer has received physical possession, or other sufficient evidence, as determined under ORS 293.751 (1), of title to the securities. However, the investment officer may instruct any custodial agent or bank to accept securities on the investment officer’s behalf against payment for the securities previously deposited with the custodial agent or bank by the investment officer; or
(5) Deliver securities to the purchaser of the securities upon sale prior to receiving payment in full for the securities. However, the investment officer may deliver the securities to any custodial agent or bank upon instructions to hold the securities pending receipt by the custodial agent or bank of full payment for the securities. [1981 c.880 §11; 1991 c.88 §6; 2007 c.871 §27; 2008 c.18 §§2,3]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 294 - County and Municipal Financial Administration › Section 294.850 - Contracts with persons to perform investment functions; compensation; bond.

The Oregon Investment Council may enter into contracts with one or more persons whom the council determines to be qualified, whereby the persons undertake, in lieu of the investment officer, to perform the functions specified in ORS 294.845 to the extent provided in the contract. Performance of functions under contract so entered into shall be paid for out of the gross interest or other income of the investments with respect to which the functions are performed, and the net interest or other income of the investments after that payment shall be considered income of the investment pool. The council may require a person contracted with to give to the state a fidelity bond in a penal sum as may be fixed by law or, if not so fixed, as may be fixed by the council, with corporate surety authorized to do business in this state. Contracts so entered into and functions performed thereunder are not subject to the State Personnel Relations Law or ORS 279A.140. [1973 c.748 §11; 2003 c.794 §251]