Chapter 291 — Chapter 291

ORS 291.204 Instructions to agencies for submitting budget information. (1) The Oregon Department of Administrative Services, by July 1 of each even-numbered year, shall furnish every state agency with

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ORS 291.206 Guidance of agencies in completing agency request budgets; 10 percent cost reduction options; racial impact statement. (1) The Governor shall prescribe rules the Governor considers necessary for the guidance of agencies in the preparation of agency request budgets. The Governor shall use the classifications of expenditures provided in ORS 291.216 (6)(a) and shall prepare and prescribe classifications of revenue for the purpose of budget-making and accounting

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ORS 291.208 Filing agency request budgets with department; preparing budgets for agencies failing to file. Each state agency shall file with the Oregon Department of Administrative Services, before September 1 in each even-numbered year in the manner required, an agency request budget containing the information required. The department shall prepare agency request budgets for all agencies that fail to file budgets. [Amended by 2016 c.117 §16]

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ORS 291.210 Preparing tentative budget; updating projected costs of currently authorized programs. (1) The Oregon Department of Administrative Services and the Legislative Fiscal Officer shall prepare a tentative budget for the next biennium for which the Governor’s budget is prepared. The tentative budget shall consist of the estimated revenues under ORS 291.342 for the next biennium and a preliminary estimate of the projected costs of continuing currently authorized programs for the next biennium

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ORS 291.212 [Repealed by 2016 c.117 §75]

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ORS 291.214 Governor to prepare recommendations regarding certain tax expenditures. (1) The Governor, during the preparation of the Governor’s budget and before its submission to the Legislative Assembly, shall identify each tax expenditure that has a full or partial sunset that, if allowed to take effect, will have a fiscal impact on the state or on school districts for the next biennium, and shall prepare a recommendation as to each tax expenditure identified under this paragraph that indicates the Governor’s opinion on whether the full or partial sunset of the tax expenditure should be allowed to take effect as scheduled or should be revised to a different date

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ORS 291.215 Governor’s budget to include amount for deferred maintenance and capital improvements. (1) Each biennium, the Governor shall propose as part of the Governor’s recommended budget an amount for deferred maintenance and capital improvements on existing state-owned buildings and infrastructure that is equivalent to at least two percent of the current replacement value of the state-owned buildings and infrastructure

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ORS 291.216 Governor’s budget; when due; content. (1) The Governor’s budget shall include a budget message prepared by the Governor, including recommendations of the Governor with reference to the fiscal policy of the state government for the coming biennium, describing the important features of the budget, embracing a general budget summary setting forth the aggregate figures of the budget so as to show a balanced relation between the total proposed expenditures and the total anticipated income, with the basis and factors on which the estimates are made, the amount to be borrowed, and other means of financing the estimated expenditures for the ensuing biennium, compared with the corresponding figures for at least the last completed biennium and the current biennium

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ORS 291.217 Outcomes-based budget; contents; legislative review of performance management and performance measurement processes for services provided by contract or by school districts. (1) As used in this section

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ORS 291.218 Printing Governor’s budget and tax expenditure report; transmitting to members of legislature; distribution. Except when the Governor under whose supervision the Governor’s budget and the tax expenditure report have been prepared will be succeeded in office in January next following

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ORS 291.220 Furnishing information and assistance to legislature. (1) The Governor, upon request, shall furnish the Legislative Assembly any further information required concerning the Governor’s budget and the tax expenditure report

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ORS 291.222 Furnishing information and assistance to Governor-elect; revision of budget and tax expenditure report. If the Governor under whose supervision the Governor’s budget and tax expenditure report have been prepared will be succeeded in office in January next following

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ORS 291.223 Furnishing budget estimates to Legislative Fiscal Officer and Legislative Revenue Officer; confidentiality of estimates. (1) Not later than November 10 of each even-numbered year the Governor shall cause the Governor’s budget estimates to be made available to the Legislative Fiscal Officer and to the Legislative Revenue Officer

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ORS 291.224 Inclusion of capital construction program in Governor’s budget; furnishing information to Capitol Planning Commission. (1) A capital construction program containing estimated capital construction needs, irrespective of how financed, must be included with the Governor’s budget. The capital construction program must contain the estimated physical construction requirements for each biennium of a period to be determined by the Governor, which period may not be less than six years. The Oregon Department of Administrative Services shall assist the Governor in the preparation of the capital construction program

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ORS 291.226 [1963 c.617 §3; repealed by 2016 c.117 §75]

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ORS 291.227 Maximum supervisory ratios of certain state agencies; reporting; rules. (1)(a) As part of the development of the legislatively adopted budget, each state agency that employs more than 100 employees shall report to the Joint Committee on Ways and Means the state agency’s maximum supervisory ratio for the biennium

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ORS 291.228 [2001 c.895 §6; 2003 c.14 §144; 2005 c.209 §2; repealed by 2016 c.117 §75]

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ORS 291.229 [2011 c.603 §1; 2012 c.101 §2; 2013 c.1 §104; 2013 c.748 §2; 2015 c.3 §39; 2015 c.767 §91; repealed by 2017 c.285 §3]

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ORS 291.230 [2005 c.837 §11; repealed by 2007 c.217 §12]

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ORS 291.231 [2012 c.101 §1; 2013 c.1 §103; 2013 c.748 §1; 2015 c.3 §40; 2015 c.767 §92; repealed by 2017 c.285 §3]

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ORS 291.232 Declaration of policy. (1) It is declared to be the policy and intent of the Legislative Assembly that

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ORS 291.234 Department to make allotments to state officers and agencies of appropriations and funds; allotment period; exemptions. (1) The Oregon Department of Administrative Services shall make allotments to state officers and agencies of appropriations and funds pursuant to the allotment system provided for in ORS 291.234 to 291.260

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ORS 291.236 Application of allotment system; controlling expenditures and encumbering of emergency, contingent, revolving and trust funds. (1) The provisions of ORS 291.234 to 291.260 relating to the allotment system shall apply to all appropriations for state officers and agencies. For this purpose “appropriation” includes standing, continuing and annual appropriations, and dedicated funds. In those cases where periodical allotments are impracticable, the Oregon Department of Administrative Services may dispense therewith and prescribe such regulations as will insure proper application and encumbering of funds

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ORS 291.238 Expenditures without allotment prohibited; expenditures from dedicated, revolving and trust funds. (1) Except as expressly authorized in this section or ORS 291.236, no person shall incur, or order or vote to incur, any obligation against the state in excess of, or make or order or vote to make any expenditure not authorized by, an allotment. Any such obligation so incurred shall not be binding against the state, but where the obligation violates this section only for having been made in excess of an allotment, the Oregon Department of Administrative Services may authorize payment thereof from unallotted funds

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ORS 291.240 [Repealed by 1953 c.168 §4]

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ORS 291.242 Allotment required before expenditure of appropriation; submitting estimates; notice to Legislative Fiscal Office. (1) An appropriation to which the allotment system is applicable does not become available to any state agency for expenditure during any allotment period until

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ORS 291.244 Department action on estimates. The Oregon Department of Administrative Services shall act promptly upon all estimates required by ORS 291.242. If the estimate is within the terms of the appropriation as to amount and purposes, having due regard for the probable further needs of the agency for the remainder of the term for which the appropriation was made, and if the department determines that there is a need for the estimated amount for the allotment period, the department shall approve the estimate and allot the estimated amount for expenditures. Otherwise the department shall modify the estimate so as to conform with the terms of the appropriation and the prospective needs of the agency, and shall reduce the amount allotted accordingly

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ORS 291.246 Allotments to be made for purpose or classification of expenditure prescribed in appropriation measure. Allotments shall be made according to purpose and classification of expenditures prescribed in the appropriation measure as enacted by the Legislative Assembly; provided, however, that the Oregon Department of Administrative Services may make allotments for agencies by purposes or by other classification of expenditures of amounts appropriated or authorized to be expended in appropriation measures enacted by the Legislative Assembly, whether or not such measures establish classification of expenditures. In making allotments, the department shall not authorize the expenditure of moneys for any purpose not authorized by the Act appropriating the money or authorizing it to be expended, and the funds allotted for each purpose or classification of expenditure shall be used for no other purpose or classification of expenditure. [Amended by 1963 c.182 §7]

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ORS 291.248 Notice of allotment. Upon the granting of any allotment, the Oregon Department of Administrative Services shall transmit a notice of the allotment to the agency concerned

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ORS 291.250 Claims and encumbrances limited by amount and purpose of allotment. The agency shall not create any claim or encumbrance for the future disbursement of appropriated moneys unless the proposed expenditure as estimated, together with expenses theretofore paid from or encumbered against such allotment, is within the total amount and for the purposes specified in the notice of allotment transmitted to such agency

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ORS 291.252 Modification of allotment previously made; notice to Legislative Fiscal Office. (1) Upon application of or upon notice to the agency concerned, the Oregon Department of Administrative Services may at any time modify or amend any allotment previously made by the department

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ORS 291.254 [Repealed by 2003 c.734 §25]

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ORS 291.256 [Repealed by 1959 c.608 §1]

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ORS 291.258 Approval of department required for establishment of new personnel position or classification. A new personnel position or classification, not provided in the budget of an agency upon which appropriations have been based, may not be established without prior approval of the Oregon Department of Administrative Services. The department shall notify the Legislative Fiscal Office of establishment of any new personnel position or classification. [Amended by 2016 c.117 §26]

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ORS 291.260 Approving, modifying or disapproving requests and budgets to be submitted to the federal government. (1) At the request of the Oregon Department of Administrative Services, before a state agency makes requests or prepares budgets to be submitted to the federal government for funds, equipment, material or services, other than for highway purposes, the agency shall submit the request or budget to the department

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ORS 291.261 Reducing allotment to prevent deficit; exception. (1) Notwithstanding the legislative policy and intent declared in ORS 291.232, if the Oregon Department of Administrative Services declares at any time during a biennium that there is a projected deficit in that biennium, the department may, with the approval of the Governor and in order to prevent the deficit, reduce the amount allotted to state agencies under ORS 291.234 to 291.260 from the General Fund in the manner provided in subsection (2) of this section

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ORS 291.262 [1963 c.182 §6; 1965 c.111 §1; repealed by 1969 c.488 §3]

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ORS 291.263 Vacant positions; information to Oregon Department of Administrative Services; report to Legislative Fiscal Officer. (1) As used in this section, “state agency” includes any state officer, department, board, commission or court, the Legislative Assembly, its committees, officers and employees

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ORS 291.272 Definitions for ORS 291.272 to 291.278. As used in ORS 291.272 to 291.278, unless the context requires otherwise

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ORS 291.274 Determination of funds and appropriations to be assessed. The Oregon Department of Administrative Services shall determine and may at any time redetermine which state funds or appropriations shall be assessed a reasonable share of governmental service expenses. In determining or redetermining the funds that shall be so assessed

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ORS 291.276 Department allocation of governmental service expenses among state agencies. (1) With respect to each biennium beginning on July 1 of an odd-numbered year, the Oregon Department of Administrative Services shall allocate among all state agencies the governmental service expenses, as determined by the department in accordance with ORS 291.272, for the biennium ending two years prior to the beginning of the biennium for which the allocation is made

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ORS 291.278 Transfer of allocated amounts. (1) Upon completion of the determination by the Oregon Department of Administrative Services under ORS 291.274 and 291.276, the department shall

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ORS 291.280 [1967 c.637 §6; repealed by 2007 c.217 §12]

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ORS 291.285 Payment of accounting charges from Economic Development Fund. Moneys in the Administrative Services Economic Development Fund are continuously appropriated for the payment of accounting charges of the Oregon Department of Administrative Services in order to maintain accountability of the fund. [1985 c.828 §16]

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ORS 291.290 Cash account of state agency for receipts from Economic Development Fund. If a state agency is authorized to receive moneys from the Administrative Services Economic Development Fund based on approved legislative limitations, such moneys shall be deposited in a general fund cash account in the State Treasury unless funds are directed to be deposited elsewhere. If the receiving agency is not authorized by statute to have such a cash account, the Oregon Department of Administrative Services in cooperation with the State Treasurer may create a cash account in the General Fund for the receipt of these moneys. [1985 c.828 §17]

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ORS 291.302 [Repealed by 1953 c.386 §9]

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ORS 291.304 [Repealed by 1953 c.386 §9]

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ORS 291.305 [1963 c.182 §§1,3; repealed by 2016 c.117 §75]

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ORS 291.306 [Repealed by 1953 c.386 §9]

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ORS 291.307 Appropriation from General Fund to constitute a credit only. An appropriation of any sum of money from the General Fund by any law shall not be considered as segregating or setting aside the amount of such appropriation from the moneys constituting the General Fund, but shall be considered and construed as constituting a credit in favor of the appropriation for the amount stated in the law making the appropriation, subject to allotment as provided in ORS 291.232 to 291.260. [Formerly 291.376]

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