2017 ORS 293.265¹
Disposition of collected moneys
  • accord and satisfaction
  • return of checks or money orders
  • rules

(1)(a) Except as provided in paragraph (b) of this subsection and subsection (5) of this section, it is the duty of the officer or other person or agent collecting, receiving, in possession of, or having the control of any state moneys or other funds, contributions or donations collected or received by, and to be expended by or on behalf of the state under the approval or supervision of any state agency, recognized by the laws of this state and having the power to collect and disburse state funds, to turn over all the moneys described in this section collected or received by or on account of the state agency, to the State Treasurer not later than one business day after collection or receipt of the moneys.

(b) The state agency, or other person or agent collecting state moneys or other funds on account of the state agency, may comply with paragraph (a) of this subsection by using a reasonable, longer period for the transmittal of particularly identified funds or categories of funds if the agency documents and maintains in its official files information that:

(A) A valid business reason exists for using a longer transmittal period;

(B) The period is no longer than necessary to satisfy that business reason; and

(C) Any person or agent collecting state moneys or other funds on account of the state agency has complied with any applicable procedures, principles, standards or requirements for cash management prescribed by the State Treasurer under ORS 293.875 (State Treasurer as state banking and cash management officer).

(c) Upon request of the Division of Audits of the Secretary of State, the state agency shall submit a copy of the documentation required under this subsection to the division.

(2) The deposit by or on behalf of the state under the approval or supervision of any state agency of a check marked “paid in full,” “payment in full,” “full payment of a claim” or words of similar meaning does not establish an accord and satisfaction that binds the state or prevents the collection of the remaining amount owed upon the obligation unless an officer or employee with actual authority to settle claims has agreed in writing to accept the check as full payment of a disputed obligation.

(3) Notwithstanding the provisions of subsection (1) of this section, subject to limits on amount adopted pursuant to subsection (4) of this section, a state agency may return any bank check or money order received by the state agency, whenever such bank check or money order is incomplete or the report or record applied for is not available or releasable or the payment is not owed. The state agency shall keep a record of the check or money order returned, in the form prescribed by the Oregon Department of Administrative Services.

(4) After consultation with the State Treasurer, the department shall by rule limit the return, by a state agency, of a bank check or money order under subsection (3) of this section to checks or money orders of less than the amount specified in the rule.

(5) This section does not apply to moneys collected or received by a county pursuant to an agreement between the county and a state agency. The timing of a transmittal of moneys under such an agreement is governed by the terms of the agreement.

(6) As used in this section, “state agency” means any state officer, board, commission, corporation, institution, department or other state organization whose costs are paid wholly or in part from funds held in the State Treasury. [Formerly 291.436; 1969 c.141 §3; 1979 c.74 §1; 1989 c.205 §1; 1997 c.122 §1; 2015 c.17 §1; 2017 c.500 §1]

Atty. Gen. Opinions

Donated funds for volunteer programs, (1974) Vol 36, p 1012; funds voluntarily contributed to Oregon State Police Relief Fund, (1980) Vol 40, p 229

Chapter 293

Atty. Gen. Opinions

Duty or authority of Secretary of State to con­duct performance audits, (1985) Vol. 44, p 381

1 Legislative Counsel Committee, CHAPTER 293—Administration of Public Funds, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors293.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 293, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano293.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.