Friday, August 24, 2007
Explicit Power Of Governor
While politicians continue to lie about the motives for a special session all one needs to do in order to understand what the governor can do without the legislature is check the statutes. But the news agencies don't want the facts to get in the way of their political agenda.
12.36 GOVERNOR'S POWERS TO FAST PROVIDE EMERGENCY AID.
(a) The governor, during an emergency or disaster and notwithstanding any other law, may:
(1) enter into contracts and incur obligations necessary to combat the disaster by protecting the health and safety of persons and the safety of property and by providing emergency assistance to the victims of the disaster; and
(2) exercise the powers vested by this subdivision in the light of the exigencies of the disaster without compliance with time-consuming procedures and formalities prescribed by law pertaining to:
(i) the performance of public work;
(ii) entering into contract;
(iii) incurring of obligations;
(iv) employment of temporary workers;
(v) rental of equipment;
(vi) purchase of supplies and materials, for example, but not limited to, publication of calls for bids;
(vii) provisions of the Civil Service Act and rules;
(viii) provisions relating to low bids; and
(ix) requirements for the budgeting and allotment of funds.
(b) All contracts must be in writing, executed on behalf of the state by the governor or a person delegated by the governor in writing so to do, and must be promptly filed with the commissioner of finance, who shall forthwith encumber funds appropriated for the purposes of the contract for the full contract liability and certify thereon that the encumbrance has been made.
12.36 GOVERNOR'S POWERS TO FAST PROVIDE EMERGENCY AID.
(a) The governor, during an emergency or disaster and notwithstanding any other law, may:
(1) enter into contracts and incur obligations necessary to combat the disaster by protecting the health and safety of persons and the safety of property and by providing emergency assistance to the victims of the disaster; and
(2) exercise the powers vested by this subdivision in the light of the exigencies of the disaster without compliance with time-consuming procedures and formalities prescribed by law pertaining to:
(i) the performance of public work;
(ii) entering into contract;
(iii) incurring of obligations;
(iv) employment of temporary workers;
(v) rental of equipment;
(vi) purchase of supplies and materials, for example, but not limited to, publication of calls for bids;
(vii) provisions of the Civil Service Act and rules;
(viii) provisions relating to low bids; and
(ix) requirements for the budgeting and allotment of funds.
(b) All contracts must be in writing, executed on behalf of the state by the governor or a person delegated by the governor in writing so to do, and must be promptly filed with the commissioner of finance, who shall forthwith encumber funds appropriated for the purposes of the contract for the full contract liability and certify thereon that the encumbrance has been made.
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