ORS 291.445
Certificate of state agency that issues general obligation bonds

  • certificate of state tax levy if required
  • effect of reduction in General Fund appropriations on debt service appropriations

(1)

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.

(2)

Each state agency authorized to issue general obligation bonds that are ordinarily to be repaid from other than General Fund appropriations shall, on or before August 15 of each fiscal year:

(a)

Certify to the Director of the Oregon Department of Administrative Services that the amounts available or that will become available during the current year to the bond program debt service fund to pay bond principal and interest that has accrued or will accrue during the current year are sufficient and will be sufficient to pay bond program principal and interest scheduled for payment during the current year; or

(b)

Certify to the Director of the Oregon Department of Administrative Services that the amounts available or that will become available during the current year to the bond program debt service fund will not be sufficient to pay bond program principal and interest scheduled for payment during the current year. A certificate issued under this paragraph shall specify the amount of the anticipated current year deficit. The Director of the Oregon Department of Administrative Services shall review and confirm the correctness of each certification made under this paragraph.

(3)

On or before August 15 of each fiscal year, the administrative division of the Oregon Department of Administrative Services that has primary responsibility for accounting for each general obligation bond program in which the bond principal and interest is ordinarily to be repaid, in whole or in part, from General Fund appropriations shall:

(a)

Certify to the Director of the Oregon Department of Administrative Services that the amounts available or that will become available during the current year from General Fund appropriations to defray program bond principal and interest that has accrued or will accrue during the current year are sufficient and will be sufficient to pay program bond principal and interest scheduled for payment during the current year; or

(b)

Certify to the Director of the Oregon Department of Administrative Services that the amounts available or that will become available during the current year from General Fund appropriations will not be sufficient to pay program bond principal and interest scheduled for payment during the current year. A certificate issued under this paragraph shall specify the amount of the anticipated current year deficit.

(4)

Intentionally left blank —Ed.

(a)

For a general obligation bond program for which a property tax may be levied under the Oregon Constitution, if a deficit in funds available to pay principal and interest is certified and confirmed under subsection (2) or certified under subsection (3) of this section, the amount of the deficit, together with any deficit that is certified for any other general obligation bond program shall upon certification constitute a state tax levy on property that shall be apportioned among and charged to the several counties in that proportion which the total assessed value of all the taxable property in each county bears to the total assessed value of all the taxable property of the state as equalized.

(b)

If any agency fails to make the certification under subsection (2) or (3) of this section with respect to any general obligation bond fund program, the Oregon Department of Administrative Services shall determine the amount of revenue and other funds that are available and the amount of taxes, if any, that should be levied in addition to the revenues and funds, to pay bond principal and interest under the program for the fiscal year in question. The additional amount so determined shall thereupon constitute a state tax levy on property that shall be apportioned, certified, collected and distributed as if determined and certified as a deficit by the agency. The Oregon Department of Administrative Services shall charge the agency for cost recovery for time spent on that agency’s behalf.

(5)

Immediately after the department has determined the amount of a state tax levy on property in accordance with subsection (4) of this section, a certificate of levy, signed by the director of the department, shall be filed in the office of the department. If no state levy is required for the fiscal or tax year, a certificate so stating and signed by the director shall be filed in the office of the department.

(6)

If, for any reason, after the close of any regular session of the Legislative Assembly, it becomes necessary to reduce General Fund appropriations, General Fund appropriations for a debt service fund of a general obligation bond program described under subsection (3) of this section may not be reduced.

(7)

Intentionally left blank —Ed.

(a)

For purposes of this section, state agencies that are authorized to finance projects or programs through the issuance of general obligation bonds ordinarily to be repaid from other than General Fund appropriations are those agencies that have outstanding general obligation bonds, the debt service on which is not the subject of a General Fund appropriation in the current biennium.

(b)

Each agency authorized to finance projects or programs through the issuance of general obligation bonds that are ordinarily to be repaid from other than General Fund appropriations shall determine the amount of revenues or other funds that are available and the amount of taxes, if any, that should be levied for the ensuing year in the manner required under rules adopted by the Oregon Department of Administrative Services and make the certification required under subsection (2) of this section.

(8)

Intentionally left blank —Ed.

(a)

For purposes of this section, state agencies that are authorized to finance projects or programs through the issuance of general obligation bonds that are ordinarily to be repaid from General Fund appropriations are those agencies that have outstanding general obligation bonds, the debt service on which is the subject of a General Fund appropriation in the current biennium.

(b)

Each agency authorized to finance projects or programs through the issuance of general obligation bonds ordinarily to be repaid from General Fund appropriations shall furnish any data required by the Oregon Department of Administrative Services to determine the amount of revenues or other funds that are available and the amount of taxes, if any, that should be levied for the ensuing year and the administrative division of the Oregon Department of Administrative Services that has primary responsibility for accounting shall make the determination for purposes of the making of the certification required under subsection (3) of this section. [Formerly 291.344; 1999 c.59 §75; 2005 c.22 §214; 2005 c.625 §73; 2009 c.11 §36; 2011 c.545 §24; 2015 c.767 §10; 2015 c.828 §15; 2017 c.9 §22]

Source: Section 291.445 — Certificate of state agency that issues general obligation bonds; certificate of state tax levy if required; effect of reduction in General Fund appropriations on debt service appropriations, https://www.­oregonlegislature.­gov/bills_laws/ors/ors291.­html.

291.001
Use of accounting terms
291.002
Definitions
291.003
Federal laws and rules govern use of federal funds
291.011
Blanket fidelity bonds for state officers and personnel
291.015
Fiscal responsibilities of department
291.016
Making administrative and organizational surveys
291.018
Conducting research
291.026
Examining agency records and financial affairs
291.028
Submitting suggestions to Governor for improvement of state governmental administration
291.030
“Agency” defined for ORS 291.032 and 291.034
291.032
Providing technical services involving management and organization
291.034
Providing technical services involving data processing
291.040
State financial report
291.042
Copyright, patent or other use of state data processing programs, information or materials
291.044
State agency quarterly report of employee pay-line exceptions
291.045
Definitions for ORS 291.045 and 291.047
291.047
Public contract approval by Attorney General
291.049
Ratification of public contract when performance begun prior to contract approval
291.050
Definitions for ORS 291.050 to 291.060
291.055
State agency fee approval
291.060
Report of fees to Legislative Assembly
291.100
Financial management
291.110
Achieving performance outcomes
291.120
Distribution of agency savings
291.190
Short title
291.195
Policy for financial expenditure planning
291.200
Budget policy
291.201
“Tax expenditure” defined for ORS 291.201 to 291.222
291.202
Budget and tax expenditure report of Governor
291.203
Tax expenditure report by Governor
291.204
Instructions to agencies for submitting budget information
291.206
Guidance of agencies in completing agency request budgets
291.208
Filing agency request budgets with department
291.210
Preparing tentative budget
291.214
Governor to prepare recommendations regarding certain tax expenditures
291.215
Governor’s budget to include amount for deferred maintenance and capital improvements
291.216
Governor’s budget
291.217
Outcomes-based budget
291.218
Printing Governor’s budget and tax expenditure report
291.220
Furnishing information and assistance to legislature
291.222
Furnishing information and assistance to Governor-elect
291.223
Furnishing budget estimates to Legislative Fiscal Officer and Legislative Revenue Officer
291.224
Inclusion of capital construction program in Governor’s budget
291.227
Maximum supervisory ratios of certain state agencies
291.232
Declaration of policy
291.234
Department to make allotments to state officers and agencies of appropriations and funds
291.236
Application of allotment system
291.238
Expenditures without allotment prohibited
291.242
Allotment required before expenditure of appropriation
291.244
Department action on estimates
291.246
Allotments to be made for purpose or classification of expenditure prescribed in appropriation measure
291.248
Notice of allotment
291.250
Claims and encumbrances limited by amount and purpose of allotment
291.252
Modification of allotment previously made
291.258
Approval of department required for establishment of new personnel position or classification
291.260
Approving, modifying or disapproving requests and budgets to be submitted to the federal government
291.261
Reducing allotment to prevent deficit
291.263
Vacant positions
291.272
Definitions for ORS 291.272 to 291.278
291.274
Determination of funds and appropriations to be assessed
291.276
Department allocation of governmental service expenses among state agencies
291.278
Transfer of allocated amounts
291.285
Payment of accounting charges from Economic Development Fund
291.290
Cash account of state agency for receipts from Economic Development Fund
291.307
Appropriation from General Fund to constitute a credit only
291.322
Definitions for ORS 291.322 to 291.334
291.324
Emergency Board created
291.326
Powers of board concerning expenditures by state agencies
291.328
Board may require presentation of evidence to support requests for action
291.330
Members of board
291.332
Meetings of board
291.334
Assistance of Legislative Fiscal Office to board
291.342
Annual estimation of state revenues
291.345
Appropriation of certain excess corporate income and excise tax revenues to State School Fund
291.348
Biennial estimate of General Fund and State Lottery Fund revenues
291.349
Revenue estimate
291.351
Certification of costs
291.357
Limitation on rate of growth of appropriations for general governmental purposes
291.371
Salary plan review by legislative review agency
291.373
Reporting of substantive program changes
291.375
Legislative review of applications for federal financial assistance
291.377
Report to legislative review agency of state position reclassifications
291.405
Assessment of state agencies for mass transit purposes
291.407
Mass Transit Assistance Account
291.445
Certificate of state agency that issues general obligation bonds
291.730
Cryptocurrency payments
291.990
Penalties
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