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

Current through early 2024

§ 291.326’s source at oregon​.gov