OFFICIAL OPINION No. 18

OFFICIAL OPINION No. 18 Emergency Funds-Use of, by Governor, for relief in cases of natural disaster or civil disorder. 1. Under the State Council Civil Defense Act, Act of March 19, 1951, P. L. 28, as amended, 71 P. S. § 1689.101, whenever the Governor finds a natural disaster or civil disorder threatens or has occurred and conditions of extreme emergency exist in all or a part of Pennsylvania, he has the power to transfer any unused funds which may have been appropriated for the ordinary ex- OPINIONS OF THE ATTORNEY GENERAL 35 penses of the Government in the General Fund to such state agencies as he may direct to be expended for the relief of disaster or civil disorder. 2. The total of such transfer shall never exceed $1 million in any one year ex- cept by Acts of the General Assembly. 3. "Extreme emergency" as used in the Act means conditions which affect seriously the safety, health, or welfare of a substantial number of citizens of the Commonwealth or of such magnitude or severity as to render essential State supplementation of county and local efforts, or have been caused by forces beyond the control of man. 4. To carry out the provisions of this Act, the Governor must officially proclaim that conditions of extreme emergency exist and such conditions shall be deemed to continue to exist until such time as the Governor shall officially proclaim that they have ceased to exist. Honorable Milton J. Sha pp, Governor Commonwealth of Pennsylvania State Capitol Building Harrisburg, Pennsylvania 17120 Dear Governor: Harrisburg, Pa., March 31, 1971 Recently you requested my opinion as to your authority to use emer- gency funds in emergency situations handled by Civil Defense, par- ticularly relating to a situation which arose two weeks ago when you ordered Dr. Gerstel to move families out of 12 or 14 houses that were sliding down a hillside which had become unstable due to heavy rains and an improper highway cut which did not allow for proper drainage. Under the State Council of Defense Act of 1951, the Act of March 19, 1951, P. L. 28, as amended, August 8, 1969, P. L. _, No. 92, § 1, 71 P. S. § 1689.101, it is provided that: "Whenever the Governor finds as a fact that a natural dis- aster or civil disorder threatens or has occurred and that con- ditions of extreme emergency exist in all or a part or parts of Pennsylvania, he shall have power to transfer any unused funds which may have been appropriated for the ordinary expenses of ·the government in the General Fund to such State agencies as he may direct to be expended for relief of dis- aster or civil disorder in such manner as the Governor shall approve, and such funds are hereby appropriated to the Gov- 36 OPINIONS OF THE ATTORNEY GENERAL ernor for such purpose. The total of such trai;isfers shall never exceed one million dollars ($1,000,000) m any one year except by action of the General Assembly." Extreme emergency, as used in the Act, means conditions which ". . . (i) affect seriously the safety, health or welfare of a substantial number of citizens of the Commonwealth . . . ; (ii) be of such magnitude or severity as to render essential State supplementation of county and local efforts or resources exerted or utilized in alleviating the danger, damage, suffering or hardship faced; (iii) have been caused by forces beyond the control of man . . . or by factors not foreseen and not known to exist when appropriation bills were enacted. 71 P. S. § 1689.102." In order to carry out the provisions of this Act, with regard to the transfer of funds in emergency situations, the Governor must officially proclaim that conditions of extreme emergency exist and such conditions shall be deemed to continue to exist until such time as the Governor shall officially proclaim that ·they have ceased to exist. 71 P. S. § 1689.103. Yours truly, J. SHANE CREAMER, Attorney General.