Oklahoma § 62-139.47 - Specified emergencies - Expenditures without Board

§ 62-139.47. Specified emergencies - Expenditures without Board

action.

A. Where the written findings of fact required by Section

139.46 of this title include one of the following emergencies, and

the Governor finds that such emergency exists, and was not foreseen

or reasonably foreseeable by the Legislature, the Governor may

allocate and authorize the expenditure of monies from the State

Emergency Fund to provide for such emergency without any action by

the Contingency Review Board:

1. Destruction of or damage to public property caused by fire,

hail, tornado, explosion, windstorm, flood, or other catastrophe;

2. Maintenance and operation of the National Guard when called

to active state service in cases of emergency;

3. Allocation or expenditures necessary to provide matching

funds for participation in any federal disaster relief program,

emergency equipment purchase, or otherwise expedite receipt of

disaster funds;

4. Allocations or expenditures deemed necessary to remove

asbestos from public buildings or facilities;

5. Emergency response action necessary to protect the public

health, safety or welfare or livestock, wild animals, birds, fish or

other aquatic life from the discharge of any hazardous waste,

deleterious substance or any such other waste or substance as will

or is likely to be detrimental or cause injury to the public or such

livestock, wild animals, birds, fish or other aquatic life;

6. Funding for funeral expenses not to exceed Seven Thousand

Dollars ($7,000.00) for state employees who are killed in the line

of their duty and funding for premiums for six (6) months of

insurance coverage already in force for spouse and dependents who

are eligible for survivor coverage of those employees pursuant to

rules of the Oklahoma State and Education Employees Group Insurance

Oklahoma Statutes - Title 62. Public Finance

Board, provided, that if funds in the State Emergency Fund are

insufficient to cover these expenses, the employing agency of the

employees shall pay the expenses;

7. Allocation or expenditures necessary to provide funds for

disaster relief programs to political subdivisions for damage caused

by fire, hail, tornado, explosion, windstorm, flood or other

catastrophe for which federal disaster relief funds have been

requested by the Governor and rejected by the Federal Emergency

Management Agency (FEMA). Provided, that no political subdivision

shall be deemed eligible for an allocation or expenditure of funds

from the State Emergency Fund under this paragraph unless such area

has first been deemed a disaster area by an executive declaration by

the Governor of the State of Oklahoma; and

8. Allocation or expenditures necessary to provide funds for

cooperative actions with the United States Army Corps of Engineers

to respond to emergencies or to protect the public health, safety,

or welfare.

B. Expenditures made to political subdivisions under this

section shall be audited and processed by the Oklahoma Department of

Emergency Management. No application for an allocation or

expenditure of funds shall be made until it is certified by the

political subdivision that no other monies are available to

reimburse the requesting entity for expenditures made as a result of

the catastrophe. No geographical area which has been declared a

disaster area by the Governor may receive an allocation of funds

under this section in excess of One Hundred Thousand Dollars

($100,000.00) in a calendar year.

Provided further, that the Governor shall allocate, without any

action by the Contingency Review Board, monies from the State

Emergency Fund to pay expenses for the Court on the Judiciary

approved pursuant to Section 16.6 of Title 20 of the Oklahoma

Statutes and not otherwise funded by other legislative

appropriations.

Added by Laws 1963, c. 57, § 6, emerg. eff. May 13, 1963. Amended

by Laws 1976, c. 226, § 2, emerg. eff. June 15, 1976; Laws 1980, c.

155, § 3, emerg. eff. April 1, 1980; Laws 1984, c. 296, § 136,

emerg. eff. June 11, 1984; Laws 1985, c. 115, § 1, emerg. eff. May

31, 1985; Laws 1992, c. 403, § 3, eff. Sept. 1, 1992; Laws 1994, c.

277, § 17; Laws 2001, c. 326, § 1, emerg. eff. June 1, 2001; Laws

2003, c. 329, § 55, emerg. eff. May 29, 2003; Laws 2004, c. 309, §

1, eff. July 1, 2004.

NOTE: Laws 1985, c. 51, § 41 repealed by Laws 1989, c. 353, § 14,

emerg. eff. June 3, 1989.