ORS 291.326¹
Powers of board concerning expenditures by state agencies

(1) The Emergency Board, during the interim between sessions of the Legislative Assembly, may exercise the following powers:

(a) Where an emergency exists, to allocate to any state agency, out of any emergency fund that may be appropriated to the Emergency Board for that purpose, additional funds beyond the amount appropriated to the agency by the Legislative Assembly, or funds to carry on an activity required by law for which an appropriation was not made.

(b) Where an emergency exists, to authorize any state agency to expend, from funds dedicated or continuously appropriated for the uses and purposes of the agency, sums in excess of the amount of the budget of the agency as approved in accordance with law.

(c) In the case of a new activity coming into existence at such a time as to preclude the possibility of submitting a budget to the Legislative Assembly for approval, to approve, or revise and approve, a budget of the money appropriated for such new activity.

(d) Where an emergency exists, to revise or amend the budgets of state agencies to the extent of authorizing transfers between expenditure classifications within the budget of an agency.

(2) No allocation, authorization or approval under subsection (1)(a), (b) or (c) of this section shall be effective unless made at a meeting at which 10 members of the board were present.

(3) The laws enacted by the Legislative Assembly making appropriations and limiting expenditures, or either, are not intended to limit the powers of the Emergency Board. [1953 c.386 §3; subsection (3) enacted as 1963 c.182 §2; 1973 c.201 §2]

Notes of Decisions

Where Personnel Division had statutory responsibility for classifica­tion and compensa­tion plans for classified service, Forestry Depart­ment lacked authority to promulgate directive requiring division, as part of reclassifica­tion proposal, to submit to Emergency Board request for salary increases for all employes placed into classifica­tion with higher salary range. Berry v. State Forestry Dept., 35 Or App 703, 582 P2d 473 (1978), Sup Ct review denied

Atty. Gen. Opinions

Authority of the Emergency Board to provide funds for ad­min­is­tra­­tion and en­force­­ment of Oregon Laws 1973, c. 421, (1973) Vol 36, p 595; limita­tions on alloca­tions by the Emergency Board, (1976) Vol 37, p 1125

Atty. Gen. Opinions

Constitu­tionality of the Emergency Board, (1974) Vol 37, p 130; constitu­tionality of Legislature's grant of powers to Emergency Board, (1978) Vol 38, p 825

Law Review Cita­tions

55 OLR 197-220 (1976)

1 Legislative Counsel Committee, CHAPTER 291—State Financial Administration, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­291.­html (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 291, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­291ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
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.
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