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]
Notes of Decisions
Planned Parenthood Ass'n v. Dep't of Human Resources, 687 P.2d 785 (Or. 1984).
· cites it 3× “*567 In November of 1977 the Division submitted a request to the Emergency Board (see ORS 291.326 and Or Const, Art III, § 3 in Appendix to this opinion) for replacement funding for elective abortions.”
State ex rel. Juv. Dep't v. L., 546 P.2d 153 (Or. Ct. App. 1976).
“Therefore I am not prepared to say that the trial judge erred in concluding that CSD should have tried to obtain authority from the Emergency Board to transfer its in-state care surplus to the out-of-state category in order to comply with the court’s order.”
Matter of L., 546 P.2d 153 (Or. Ct. App. 1976).
“Therefore I am not prepared to say that the trial judge erred in concluding that CSD should have tried to obtain authority from the Emergency Board to transfer its in-state care surplus to the out-of-state category in order to comply with the court's order.”
Berry v. State Forestry Dep't, 582 P.2d 473 (Or. Ct. App. 1978).
· cites it 3× “There is no requirement that such increases be approved by the Emergency Board (sccORS 291.326 3 and 291.371, supra, n2), and *708 there would be no reason for petitioners to insist that such increases be submitted for Emergency Board approval.”
— Or. Rev. Stat. § 291.326(1) — 1 case
Berry v. State Forestry Dep't, 582 P.2d 473 (Or. Ct. App. 1978).
“There is no requirement that such increases be approved by the Emergency Board (sccORS 291.326 3 and 291.371, supra, n2), and *708 there would be no reason for petitioners to insist that such increases be submitted for Emergency Board approval.”
— Or. Rev. Stat. § 291.326(1)(d) — 2 cases
State ex rel. Juv. Dep't v. L., 546 P.2d 153 (Or. Ct. App. 1976).
“Therefore I am not prepared to say that the trial judge erred in concluding that CSD should have tried to obtain authority from the Emergency Board to transfer its in-state care surplus to the out-of-state category in order to comply with the court’s order.”
Matter of L., 546 P.2d 153 (Or. Ct. App. 1976).
“Therefore I am not prepared to say that the trial judge erred in concluding that CSD should have tried to obtain authority from the Emergency Board to transfer its in-state care surplus to the out-of-state category in order to comply with the court's order.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.