Chapter 522
Oregon Laws 2011
AN ACT
HB 5054
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 2011 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 section 5 of this 2011 Act and 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, 2011, 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 2009-2011 biennium are
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 or section 5 of this 2011 Act are
reconciled and charged to the state agency’s 2011-2013 legislatively approved
budget during the 2011-2013 biennium.
(3) All payments for debt service,
certificates of participation and other financing agreements are hereby
authorized during the period commencing July 1, 2011.
SECTION 3. Sections 1 to 5 of this
2011 Act apply to a state agency for which no budget has become law on or
before July 1, 2011.
SECTION 4. (1)(a) If there is no
2011-2013 legislatively adopted budget upon final adjournment of the regular
session of the Seventy-sixth Legislative Assembly against which any expenditure
authorized by section 2 (1) or 5 of this 2011 Act can be applied, the
expenditure shall be considered to have been made from funds appropriated to
the Oregon Department of Administrative Services.
(b) 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.
(c) The Oregon Department of
Administrative Services may apply for reimbursement from the Emergency Board of
any expenditure made under this subsection during the 2011-2013 biennium.
(2)(a) If, after final adjournment of
the regular session of the Seventy-sixth Legislative Assembly, the Governor
vetoes a legislatively adopted budget against which any expenditure authorized
by section 2 (1) or 5 of this 2011 Act can be applied, the expenditure shall be
considered to have been made from funds appropriated to the Oregon Department
of Administrative Services.
(b) 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.
(c) The Oregon Department of
Administrative Services may apply for reimbursement from the Emergency Board of
any expenditure made under this subsection during the 2011-2013 biennium.
SECTION 5. (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 the Oregon
Health Authority on or after July 1, 2011, are authorized as provided in this
section, and necessary funds are appropriated therefor, unless the Oregon
Department of Administrative Services determines that the authority’s
expenditure level should be modified, based on pending legislation.
(2) Any obligations incurred by the
Oregon Health Authority on or after July 1, 2011, involving the costs of
administration and enforcement of duties, functions and powers transferred from
the Department of Human Services to the Oregon Health Authority as described in
section 1, chapter 901, Oregon Laws 2009, that do not exceed the level of
expenditures authorized for the department under ORS 291.232 to 291.260 or
otherwise authorized for the department for the seventh quarter of the
2009-2011 biennium, are authorized.
(3) Any obligations incurred by the
Oregon Health Authority on or after July 1, 2011, involving the costs of
administration and enforcement of duties, functions and powers transferred from
the Oregon Department of Administrative Services to the Oregon Health Authority
as described in section 2, chapter 901, Oregon Laws 2009, that do not exceed
the level of expenditures authorized for the department under ORS 291.232 to
291.260 or otherwise authorized for the department for the last quarter of the
2009-2011 biennium, are authorized.
(4) Any obligations incurred by the Oregon
Health Authority on or after July 1, 2011, involving the costs of
administration and enforcement of duties, functions and powers transferred from
the Department of Consumer and Business Services to the Oregon Health Authority
as described in section 3, chapter 901, Oregon Laws 2009, that do not exceed
the level of expenditures authorized for the department under ORS 291.232 to
291.260 or otherwise authorized for the department for the last quarter of the
2009-2011 biennium, are authorized.
(5) Any obligations incurred by the
Oregon Health Authority on or after July 1, 2011, involving the costs of
administration and enforcement of duties, functions and powers transferred from
the Office of Private Health Partnerships to the Oregon Health Authority as described
in section 4, chapter 901, Oregon Laws 2009, that do not exceed the level of
expenditures authorized for the office under ORS 291.232 to 291.260 or
otherwise authorized for the office for the last quarter of the 2009-2011
biennium, are authorized.
SECTION 6. Sections 1 to 5 of this
2011 Act are repealed on August 15, 2011.
SECTION 7. This 2011 Act being
necessary for the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2011 Act takes effect July
1, 2011.
Approved by
the Governor June 28, 2011
Filed in the
office of Secretary of State June 29, 2011
Effective date
July 1, 2011
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