Oregon Statutes 293.406 – Payment by State Treasurer; effect of issuance of check or warrant or initiation of electronic funds transfer by state officer
(1) The State Treasurer shall pay on demand all items presented to the State Treasurer for payment if there are appropriate and sufficient funds in the State Treasury, as provided by law, to make the payments. If a law requires that an item be paid from a particular fund, the State Treasurer must make the payment from that fund only.
Terms Used In Oregon Statutes 293.406
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- State Treasury: includes those financial assets the lawful custody of which are vested in the State Treasurer and the office of the State Treasurer relating to the custody of those financial assets. See Oregon Statutes 174.100
(2) When a state officer authorizes issuance of, or signs, a check, warrant or electronic funds transfer on behalf of an agency, the officer is certifying that the expenditure of moneys represented by the check, warrant or request for electronic funds transfer is authorized by law. For purposes of this subsection, an expenditure is authorized by law if:
(a) There is an appropriation, whether annual, biennial or continuous, of the moneys represented by the check, warrant or request for electronic funds transfer;
(b) When applicable, there is an expenditure limitation for the moneys represented by the check, warrant or request for electronic funds transfer;
(c) When applicable, there is an allotment from the Oregon Department of Administrative Services under ORS § 291.232 to 291.260 for the moneys represented by the check, warrant or request for electronic funds transfer; and
(d) The officer or agency has received any other approvals necessary to authorize issuance of the check, warrant or request for electronic funds transfer.
(3) The State Treasurer may rely on the certification described in subsection (2) of this section and need not investigate or inquire whether a check, warrant or request for electronic funds transfer is authorized by law before paying the check, warrant or electronic funds transfer.
(4) As used in this section, ‘state officer’ means any person acting on behalf of a board, commission, department, institution, branch or agency the costs of which are paid in whole or in part from funds held in the State Treasury. [2003 c.81 § 8]
293.406 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 293 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
[Formerly 291.494; repealed by 1967 c.454 § 119]
[1967 c.454 § 57; repealed by 1999 c.412 § 4]
[Formerly 291.496; repealed by 1967 c.454 § 119]
[1967 c.454 § 58; repealed by 1999 c.412 § 4]
[Formerly 291.498; repealed by 1967 c.454 § 119]
[Formerly 291.500; 1967 c.454 § 59; 1971 c.79 § 1; 1977 c.126 § 2; repealed by 1993 c.694 § 39]
[Formerly 291.502; 1967 c.454 § 60; repealed by 1971 c.79 § 3]
[Formerly 291.504; 1967 c.454 § 61; repealed by 1971 c.79 § 3]
[Formerly 291.506; 1967 c.454 § 62; 1971 c.79 § 2; 1977 c.126 § 3; 1983 c.104 § 2; repealed by 1993 c.694 § 39]