ORS 291.326
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]

Source: Section 291.326 — Powers of board concerning expenditures by state agencies, https://www.­oregonlegislature.­gov/bills_laws/ors/ors291.­html.

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

Attorney General 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

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
Green check means up to date. Up to date