Chapter 637 Oregon Laws 2009

AN ACT

SB 5553

Relating to state financial administration; appropriating money; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. As used in sections 1 to 4 of this 2009 Act,

“state agency” means every state officer, board, commission, department, institution, branch or agency of the state government, the costs of which are paid wholly or in part from funds held in the State Treasury.

SECTION 2. (1) Notwithstanding ORS 291.232 to 291.260, and subject to any rule that may be adopted by the Oregon Department of Administrative Services, any obligations incurred by a state agency on or after July 1, 2009, that do not exceed the level of expenditures authorized under ORS 291.232 to 291.260 or otherwise authorized for the last quarter of the 2007-2009 biennium are hereby authorized, and necessary funds are appropriated therefor, unless the Oregon Department of Administrative Services determines that the state agency’s expenditure level should be modified, based on pending legislation.

          (2) The Oregon Department of Administrative Services by rule shall specify the means whereby funds expended pursuant to subsection (1) of this section are reconciled and charged to the state agency’s 2009-2011 legislatively approved budget during the 2009-2011 biennium.

          (3) All payments for debt service, certificates of participation and other financing agreements are hereby authorized during the period commencing July 1, 2009.

SECTION 3. Sections 1 to 4 of this 2009 Act apply to a state agency for which no budget has become law on or before July 1, 2009.

SECTION 4. (1) If there is no 2009-2011 legislatively adopted budget upon final adjournment of the regular session of the Seventy-fifth Legislative Assembly against which any expenditure authorized by section 2 (1) of this 2009 Act can be applied, the expenditure shall be considered to have been made from funds appropriated to the Oregon Department of Administrative Services. For the purpose of paying the incurred expenses of state agencies, there is appropriated to the Oregon Department of Administrative Services any cash or other funds remaining in the accounts of the state agency for which no budget has been adopted and for which no expenditure authority exists when the Legislative Assembly adjourns sine die. The Oregon Department of Administrative Services may apply for reimbursement from the Emergency Board of any expenditure made under this subsection during the 2009-2011 biennium.

          (2) If, after final adjournment of the regular session of the Seventy-fifth Legislative Assembly, the Governor vetoes a legislatively adopted budget against which any expenditure authorized by section 2 (1) of this 2009 Act can be applied, the expenditure shall be considered to have been made from funds appropriated to the Oregon Department of Administrative Services. For the purpose of paying the incurred expenses of state agencies, there is appropriated to the Oregon Department of Administrative Services any cash or other funds remaining in the accounts of the state agency for which a legislatively adopted budget has been vetoed and for which no expenditure authority exists when the Governor vetoes the budget. The Oregon Department of Administrative Services may apply for reimbursement from the Emergency Board of any expenditure made under this subsection during the 2009-2011 biennium.

SECTION 5. Sections 1 to 4 of this 2009 Act are repealed on August 15, 2009.

SECTION 6. This 2009 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2009 Act takes effect July 1, 2009.

Approved by the Governor June 30, 2009

Filed in the office of Secretary of State June 30, 2009

Effective date July 1, 2009

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