ORS Chapter 178

Chapter 178 — StateTreasurer

 

2009 EDITION

 

 

STATETREASURER

 

EXECUTIVEBRANCH; ORGANIZATION

 

178.010     Oathand bond

 

178.020     Additionalbond may be required

 

178.030     Premiumson surety bonds of treasurer and employees paid by state; limit on amount

 

178.040     Successiverecoveries on bond

 

178.050     Dutiesof State Treasurer

 

178.060     Employmentof Chief Deputy, clerks and stenographers; merit system; rules

 

178.065     Authorityof State Treasurer to require fingerprints

 

178.090     Mannerof providing evidence of receipt of funds or securities

 

178.100     Portfolio-basedmanagement of information technology resources

 

      178.010Oath and bond.(1) The State Treasurer, before entering upon the duties of the office of theState Treasurer, shall take and subscribe the oath required by theConstitution, and give to the State of Oregon a fidelity bond executed by acorporate insurance company licensed to transact the business of surety withinthis state, in such penal sum, not less than $200,000, as the Governor shalldetermine.

      (2)The bond shall be conditioned for the:

      (a)Faithful discharge by the State Treasurer of the duties of office.

      (b)Faithful performance by all persons employed in the office, of their duties andtrusts therein.

      (c)Transfer and delivery to the successor in office, or to any other personauthorized by law to receive the same, of all moneys, books, papers, recordsand other articles and effects belonging to the office.

      (3)The bond shall be deemed to extend to the faithful performance of all duties ofthe office of treasurer until a successor is elected and qualified.

      (4)The bond shall be approved by the Governor and, with the oath of office of thetreasurer, shall be preserved in the executive office. [Amended by 1977 c.366 §2]

 

      178.020Additional bond may be required. Whenever the Governor, for any cause,deems the bond of the State Treasurer insufficient in amount, the Governorshall require the treasurer to give an additional like bond within such time,and in such reasonable amount, as the Governor directs and approves.

 

      178.030Premiums on surety bonds of treasurer and employees paid by state; limit onamount.(1) If the State Treasurer, in furnishing the bond required from the StateTreasurer by law, furnishes a bond executed by a surety company legallyauthorized to transact business in this state, and the bond is approved by theGovernor, the state shall pay the premium for the bond, not to exceed one-thirdof one percent per annum of the penalty named in the bond so executed andapproved.

      (2)Whenever a person employed in the office of the State Treasurer, required bythe State Treasurer to furnish a bond, furnishes a bond executed by a suretycompany legally authorized to transact business in this state, and the bond isapproved by the State Treasurer, the state shall pay the premium for the bond,not to exceed one-third of one percent per annum of the penalty named in thebond so executed and approved.

 

      178.040Successive recoveries on bond. One recovery had on the official bondgiven by the State Treasurer shall not render the bond void, but the bond maybe prosecuted upon a breach thereof, from time to time, until the whole penaltyis collected.

 

      178.050Duties of State Treasurer. The State Treasurer shall:

      (1)Keep the office at the seat of government.

      (2)Receive and have charge of all moneys paid into the State Treasury.

      (3)Pay out moneys from the State Treasury as directed by law.

      (4)Permit the books, papers and transactions of the office to be open at all timesto inspection and examination by the Governor, Secretary of State, thelegislature and any committee of either branch of the legislature.

      (5)Deliver over to the successor in office all moneys, books, papers, furnitureand other effects belonging to or preserved in the office.

      (6)Perform all other duties imposed upon the State Treasurer by law.

 

      178.060Employment of Chief Deputy, clerks and stenographers; merit system; rules. (1) The StateTreasurer may employ and appoint one Chief Deputy and may also employ clerks andstenographers necessary in the performance of the business and duties of theoffice and fix their compensation.

      (2)The Chief Deputy, clerks and stenographers shall be paid out of the StateTreasury, and their compensation may not exceed the appropriation of theLegislative Assembly for the compensation.

      (3)Except as provided in subsection (4) of this section, ORS chapter 240 does notapply to the office of the State Treasurer.

      (4)ORS 240.165, 240.167, 240.240 (3) and 240.321 apply to the office of the StateTreasurer.

      (5)The State Treasurer shall adopt rules, policies and procedures necessary toestablish a system of personnel administration based on merit principles. Thesystem must include provisions for the transfer of accumulated leave with paybetween the office of the State Treasurer and other state agencies. Foremployees who do not serve at the pleasure of the State Treasurer or who arenot subject to a collective bargaining agreement, the system must providestandards for discipline and dismissal and a process for appeal of decisionsrelated to discipline and dismissal.

      (6)The Chief Deputy, clerks and stenographers shall perform such duties as theState Treasurer may direct and shall take an oath to support the OregonConstitution and faithfully to discharge the duties of their positions. [Amendedby 2005 c.751 §2]

 

      178.065Authority of State Treasurer to require fingerprints. For the purposeof requesting a state or nationwide criminal records check under ORS 181.534,the State Treasurer may require the fingerprints of a person who:

      (1)Is employed or applying for employment by the State Treasurer;

      (2)Provides services or seeks to provide services to the State Treasurer as acontractor, vendor or volunteer; or

      (3)Has been appointed or is being considered for appointment to a board orcommission by the State Treasurer. [Formerly 181.541]

 

      Note: 178.065 wasenacted into law by the Legislative Assembly but was not added to or made apart of ORS chapter 178 or any series therein by legislative action. SeePreface to Oregon Revised Statutes for further explanation.

 

      178.070 [Amended by1981 c.660 §19; repealed by 1989 c.569 §6]

 

      178.080 [Amended by1969 c.591 §290; 1971 c.186 §2; renumbered 305.830]

 

      178.090Manner of providing evidence of receipt of funds or securities. Whenever theState Treasurer is required in the performance of official duties to provideevidence of receipt of funds or of receipt of securities, the receipt shall bein such form as the State Treasurer specifies as appropriate to show that thefunds or securities were received. The form of receipt specified by the StateTreasurer is not required to be uniform for all funds or securities received.The receipt specified by the State Treasurer shall be considered as properevidence for all purposes for which any printed or other form of receipt wasconsidered adequate evidence. [1975 c.295 §1]

 

      178.100Portfolio-based management of information technology resources. (1) The StateTreasurer shall implement portfolio-based management of information technologyresources, as described in this section, to:

      (a)Ensure that the office of the State Treasurer links its information technologyinvestments with business plans;

      (b)Facilitate risk assessment of information technology projects and investments;

      (c)Ensure that the office justifies information technology investments on thebasis of sound business cases;

      (d)Ensure that the office facilitates development and review of informationtechnology performance related to business operations;

      (e)Identify projects that can cross agency and program lines to leverageresources; and

      (f)Assist in state government-wide planning for common, shared informationtechnology infrastructure.

      (2)The State Treasurer shall integrate strategic and business planning, technologyplanning and budgeting and project expenditure processes into the StateTreasurer’s information technology portfolio-based management.

      (3)The State Treasurer shall conduct and maintain a continuous inventory of currentand planned investments in information technology, a compilation of informationabout those assets and the total life cycle cost of those assets.

      (4)The State Treasurer shall develop and implement standards, processes andprocedures for the required inventory and for the management of the informationtechnology portfolio.

      (5)As used in this section, “information technology” has the meaning given thatterm in ORS 184.473. [2001 c.936 §8]

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