Oregon Revised Statutes Chapter 291 § 291.373 — Reporting of substantive program changes

Reporting of substantive program changes. (1) As used in this section: (a) “Legislatively approved budget” has the meaning given that term in ORS 291.002. (b) “Program” means an activity or a series of related activities that a state agency performs to fulfill its constitutional or statutory duties and that is identified, by name or otherwise with particularity, in the Oregon Constitution, statutory law, a budget report or a staff measure summary for a bill prepared by the Legislative Assembly for a state agency budget that is part of the legislatively approved budget, a performance measure developed under ORS 291.110 or any other manner specified by the Legislative Assembly. (c) “State agency” has the meaning given that term in ORS 291.002. (2) A state agency shall report to the Director of the Oregon Department of Administrative Services, and the director shall report to the Legislative Assembly as provided in this section, any substantive change made in a program administered by the state agency. (3) For purposes of this section, a state agency is considered to have made a substantive change in a program if the state agency: (a) Establishes a new program, unless the Legislative Assembly provided for establishment of the program by law or anticipated establishment of the program in the legislatively approved budget or in a budget report or staff measure summary relating to the legislatively approved budget. (b) Eliminates an existing program, unless the Legislative Assembly provided for elimination of the program by law or anticipated elimination of the program in the legislatively approved budget or in a budget report or staff measure summary relating to the legislatively approved budget. (c) Delays by six months or longer the establishment or elimination of a program prescribed by the Legislative Assembly by law or in a budget report on a bill. (d) Makes changes to the operation or financing of a program by: (A) Redesigning the program so as to affect a class of client benefit levels or provider reimbursement levels, unless the redesign consists solely of adjustments of an ongoing nature or processes that were described in written materials provided to the Legislative Assembly by the state agency during the most recent legislative session; (B) Implementing an executive order; or (C) Redirecting more than 10 percent of the program’s funding to another purpose as allowed by an appropriation or expenditure limitation. (e) Otherwise reorganizes or makes changes to the operation or financing of a program and the Legislative Fiscal Officer or the director determines that the changes affect one or more essential aspects of the program. (4) Not later than 14 days after the end of each calendar quarter, a state agency shall report to the director any substantive change in a program made during the preceding calendar quarter. A state agency is not required to report under this subsection if the agency has not made a substantive change in a program during the preceding calendar quarter. (5) Not later than 35 days after the end of each calendar quarter, the director shall report on all substantive program changes made by state agencies during the preceding calendar quarter to the President of the Senate, the Speaker of the House of Representatives and the Legislative Fiscal Officer. The director is not required to report under this subsection if no state agencies have made a substantive change in a program during the preceding calendar quarter. (6) If a state agency or the director fails to report a substantive program change as required under subsections (4) and (5) of this section, the state agency immediately shall report the substantive program change to the director. The director immediately shall report to the President of the Senate, the Speaker of the House of Representatives and the Legislative Fiscal Officer. The report shall identify the program change, describe why the report was not made as required by subsection (4) or (5) of this section and describe how the failure to report was identified. (7) A state agency need not report to the director under subsection (4) of this section on any matter that the agency is required by ORS 291.371 or 291.375 to report or present to the Emergency Board, to the Joint Interim Committee on Ways and Means or to the Joint Committee on Ways and Means. [2001 c.425 §2; 2012 c.107 §9; 2016 c.117 §35]