Oregon Emergency Board

The Oregon Emergency Board is a statutory committee of the Oregon Legislative Assembly responsible for addressing unexpected state funding and budget requirements when the legislature is not in session. It is also known as the State Emergency Board or Legislative Emergency Board. Rather than operating as a commercial brand, it is a public institutional body whose name identifies a continuing governmental function within Oregon’s legislative system. The board exists because Oregon’s legislature conducts business during limited legislative sessions, leaving substantial interim periods during which new fiscal requirements can arise. During those periods, the Emergency Board may allocate additional money to state agencies from funds appropriated for emergency purposes, authorize agencies to spend beyond approved budget levels when an emergency exists, approve budgets for activities that arise too late for consideration during a regular session, and permit transfers among expenditure classifications within an agency’s budget. It can also approve or review certain federal grant applications during legislative interims. The board is jointly chaired by the President of the Oregon Senate and the Speaker of the Oregon House of Representatives. Its statutory membership also includes the chairs of the Senate and House ways and means committees, along with eight senators appointed by the Senate President and eight House members appointed by the Speaker. The appointed legislators must be confirmed by their respective chambers. In total, the board has 20 members. The Legislative Fiscal Office provides nonpartisan fiscal analysis and administrative support during interim periods, helping the board assess agency requests, budget effects, and available funding. The Emergency Board was created by the Oregon Legislature in 1913. Its formation followed a veto by Governor Oswald West, which the legislature overrode. The board’s first meeting occurred in September of that year after West requested additional money for his anti-vice enforcement campaign. The board also considered rewards for assistance in capturing criminals and funding for an investigation into a Portland gas franchise, establishing its role as a mechanism for decisions that could not wait until the next legislative session. Its constitutional status became a major issue in the early 1950s. Legislative changes in 1951 removed the governor, secretary of state, and state treasurer from the board and substituted additional legislative members. Later that year, Oregon Attorney General George Neuner concluded that the board was unconstitutional. Voters resolved the issue in the 1952 general election by approving a constitutional amendment that incorporated the Emergency Board into Article III of the Oregon Constitution. The board was consequently reestablished in 1953, and its authority is now also set out in Oregon Revised Statutes section 291.326. The board’s work has included funding responses to wildfire recovery, school drinking-water lead testing, and public-safety costs associated with the 2016 armed occupation of the Malheur National Wildlife Refuge. In the latter case, state police and other agencies requested an additional $2.5 million, while the board authorized $2 million. These examples illustrate its central purpose: making limited, out-of-cycle fiscal adjustments for public programs and agencies without replacing the legislature’s broader authority to enact biennial budgets.

The Oregon Emergency Board was created by the Oregon Legislature in 1913 to provide a mechanism for funding state institutions and departments during periods when the legislature was out of session. Governor Oswald West vetoed the legislation, but lawmakers overrode the veto and enacted the measure. The board’s initial design included the governor, secretary of state, state treasurer, the Senate president, the House speaker, and the chairs of the two legislative ways and means committees. The board convened for the first time in September 1913, only a few months after the legislative session that created it. Governor West requested additional resources for his anti-vice campaign after its original appropriation had been exhausted. The board approved $1,500 for the campaign and $5,000 for rewards to citizens who helped capture criminals. It also approved $500 for an investigation into a Portland gas franchise. These early actions demonstrated the board’s intended function: making targeted fiscal decisions when an issue arose between regular legislative sessions. The institution’s legal structure changed substantially in 1951. The legislature removed the governor, secretary of state, and state treasurer from membership and substituted two House members and one senator appointed by the legislative presiding officers. Later that year, Attorney General George Neuner determined that the Emergency Board was unconstitutional. The legislature responded by submitting a constitutional amendment to voters. To address potential needs before the amendment could be decided, lawmakers authorized Governor Douglas McKay to spend up to $1.5 million on unforeseen requirements. In the 1952 general election, Oregon voters approved the constitutional amendment by a substantial margin. The Emergency Board was thereby incorporated into Article III, section 3 of the Oregon Constitution and was reestablished in 1953. Its operating authority is also codified in Oregon Revised Statutes section 291.326. The statute permits the board, during legislative interims, to allocate emergency funds, authorize spending above an agency’s approved budget when an emergency exists, approve budgets for new activities that arise too late for regular legislative consideration, and authorize certain internal budget transfers. For specified allocations and approvals, at least ten board members must be present. The Legislative Fiscal Office was established in 1959 to provide nonpartisan research, fiscal analysis, and budget support to the legislature’s ways and means committees and to the Emergency Board. During legislative sessions it supports the broader legislative budget process; during interims it reports to and assists the Emergency Board. The governor may identify an agency’s need for additional funds and submit a request, but the board’s co-chairs determine which matters are placed on the agenda and may request further information from agencies. In 2007, the board’s responsibilities expanded to include review and approval of federal grant applications during legislative interims, except in emergency situations. In later years, it continued to handle a range of unexpected public funding matters, including wildfire recovery in 2015, school drinking-water lead testing in 2016, and costs connected with the Malheur National Wildlife Refuge occupation. The board remains an interim fiscal institution rather than a permanent substitute for the Oregon Legislative Assembly, exercising delegated constitutional and statutory powers between regular sessions.

• 2007

  Federal grant review authority added

  [1]Oregon Emergency Boarden.wikipedia.org

  The board was authorized to review and approve federal grant applications during legislative interims, subject to emergency exceptions.

• 1959

  Legislative Fiscal Office established

  [1]Oregon Emergency Boarden.wikipedia.org

  A permanent nonpartisan fiscal-analysis office was created to support the legislature and the Emergency Board.

• 1953

  Board reestablished under constitutional authority

  [1]Oregon Emergency Boarden.wikipedia.org

  The Emergency Board resumed its role within the constitutional structure approved by Oregon voters.

• 1952

  Constitutional amendment approved

  [1]Oregon Emergency Boarden.wikipedia.org

  Oregon voters approved constitutional recognition of the Emergency Board after its authority was challenged.

• 1951

  Membership restructured

  [1]Oregon Emergency Boarden.wikipedia.org

  The legislature replaced executive-branch members with additional legislators.

• 1913

  Emergency Board established

  [1]Oregon Emergency Boarden.wikipedia.org

  The Oregon Legislature created the board to address funding needs of state institutions and departments between legislative sessions.

• 1913

  First board meeting

  [1]Oregon Emergency Boarden.wikipedia.org

  The board approved interim funding for Governor Oswald West’s anti-vice campaign, criminal-capture rewards, and a Portland gas-franchise investigation.

A constitutional and statutory interim fiscal authority that allows Oregon’s legislature to respond to unforeseen funding needs between regular legislative sessions.

• Public finance · 1913

  Interim emergency funding allocations

  The board may allocate money from emergency funds to state agencies when an unforeseen requirement arises between legislative sessions or when an agency must perform a legally required activity for which the regular legislature made no adequate appropriation.

• Budget oversight · 1913

  Agency budget authorizations and revisions

  The board can authorize agencies to spend above approved budget levels in qualifying emergencies, approve budgets for new activities that arise during an interim, and permit certain transfers among expenditure classifications.

• Grant governance · 2007

  Federal grant application review

  Since 2007, the board has reviewed and approved federal grant applications during legislative interim periods, with emergency exceptions. Applications are submitted through the Legislative Fiscal Office.

• 1913Governor West’s anti-vice campaign

  Oregon

  The board’s first meeting considered a request from Governor Oswald West for additional funds after the campaign had used its original appropriation.

  Outcome. The board allocated $1,500 to continue the program.

  Source

• 2016

  School drinking-water lead testingOther

  Background

  Concerns about lead in school drinking water created a statewide testing requirement.

  Action taken

  The board funded lead testing at schools across Oregon.

  Aftermath

  The decision provided interim support for a statewide public-health response.

  Source

• 2016

  Funding for Malheur occupation responseOther

  Background

  The Oregon State Police requested additional funding after the 41-day armed occupation of the Malheur National Wildlife Refuge.

  Action taken

  The board authorized $2 million for state police and other agencies, below the $2.5 million requested.

  Aftermath

  The decision covered part of the unanticipated public-safety and response costs associated with the occupation.

  Additional funding authorized versus requested. $2.5 million requested → $2 million authorized (2016)

  Source

• 2015

  Wildfire recovery fundingOther

  Background

  Wildfire recovery needs arose during an interim period.

  Action taken

  The board funded a wildfire recovery program.

  Aftermath

  The action illustrates the board’s continuing role in addressing urgent requirements between regular sessions.

  Source

• 1952

  Constitutional settlement of the board’s authorityStrategy

  Background

  The board’s constitutionality was challenged after its membership was changed by legislation in 1951.

  Action taken

  Oregon lawmakers submitted a constitutional amendment to voters, who approved incorporating the Emergency Board into the state constitution.

  Aftermath

  The board was reestablished in 1953 with constitutional backing.

  Source

• 1913

  First interim funding approvalsOther

  Background

  The board met shortly after its creation to consider funding requests that emerged after the legislative session.

  Action taken

  It approved $1,500 for Governor West’s anti-vice campaign, $5,000 for criminal-capture rewards, and $500 for a Portland gas-franchise investigation.

  Aftermath

  The meeting established the board as a practical mechanism for out-of-cycle public spending decisions.

  Approved allocations. $7,000 total across three identified items (September 1913)

  Source

1. 1Oregon Emergency Boarden.wikipedia.org