44.032. Emergency powers of governor, uses--Missouri disaster fund, funding, expenditures, procedures, purposes--aid to political subdivisions, when, procedure--expenditures in excess of $1,000, g

MISSOURI STATUTES AND CODES

44.032. Emergency powers of governor, uses--Missouri disaster fund, funding, expenditures, procedures, purposes--aid to political subdivisions, when, procedure--expenditures in excess of $1,000, g

Emergency powers of governor, uses--Missouri disaster fund, funding,expenditures, procedures, purposes--aid to political subdivisions,when, procedure--expenditures in excess of $1,000, governor toapprove.

44.032. 1. The general assembly recognizes the necessity foranticipating and making advance provisions to care for the unusual andextraordinary burdens imposed on this state and its political subdivisionsby disasters or emergencies. To meet such situations, it is the intentionof the general assembly to confer emergency powers on the governor, actingthrough the director, and vesting the governor with adequate power andauthority within the limitation of available funds in the Missouri disasterfund to meet any such emergency or disaster.

2. There is hereby established a fund to be known as the "MissouriDisaster Fund", to which the general assembly may appropriate funds andfrom which funds may be appropriated annually to the state emergencymanagement agency. The funds appropriated shall be expended during a stateemergency at the direction of the governor and upon the issuance of anemergency declaration which shall set forth the emergency and shall statethat it requires the expenditure of public funds to furnish immediate aidand relief. The director of the state emergency management agency shalladminister the fund.

3. Expenditures may be made upon direction of the governor foremergency management, as defined in section 44.010, or to implement thestate disaster plans. Expenditures may also be made to meet the matchingrequirements of state and federal agencies for any applicable assistanceprograms.

4. Assistance may be provided from the Missouri disaster fund topolitical subdivisions of this state which have suffered from a disaster tosuch an extent as to impose a severe financial burden exceeding theordinary reserve capacity of the subdivision affected. Applications foraid under this section shall be made to the state emergency managementagency on such forms as may be prescribed and furnished by the agency,which forms shall require the furnishing of sufficient information todetermine eligibility for aid and the extent of the financial burdenincurred. The agency may call upon other agencies of the state inevaluating such applications. The director of the state emergencymanagement agency shall review each application for aid under theprovisions of this section and recommend its approval or disapproval, inwhole or in part, to the governor. If approved, the governor shalldetermine and certify to the director of the state emergency managementagency the amount of aid to be furnished. The director of the stateemergency management agency shall thereupon issue his voucher to thecommissioner of administration, who shall issue his warrants therefor tothe applicant.

5. When a disaster or emergency has been proclaimed by the governoror there is a national emergency, the director of the state emergencymanagement agency, upon order of the governor, shall have authority toexpend funds for the following:

(1) The purposes of sections 44.010 to 44.130 and theresponsibilities of the governor and the state emergency management agencyas outlined in sections 44.010 to 44.130;

(2) Employing, for the duration of the response and recovery toemergency, additional personnel and contracting or otherwise procuringnecessary appliances, supplies, equipment, and transport;

(3) Performing services for and furnishing materials and supplies tostate government agencies, counties, and municipalities with respect toperformance of any duties enjoined by law upon such agencies, counties, andmunicipalities which they are unable to perform because of extreme naturalor man-made phenomena, and receiving reimbursement in whole or in part fromsuch agencies, counties, and municipalities able to pay therefor under suchterms and conditions as may be agreed upon by the director of the stateemergency management agency and any such agency, county, or municipality;

(4) Performing services for and furnishing materials to anyindividual in connection with alleviating hardship and distress growing outof extreme natural or man-made phenomena, and receiving reimbursement inwhole or in part from such individual under such terms as may be agreedupon by the director of the state emergency management agency and suchindividual;

(5) Providing services to counties and municipalities with respect toquelling riots and civil disturbances;

(6) Repairing and restoring public infrastructure;

(7) Furnishing transportation for supplies to alleviate suffering anddistress;

(8) Furnishing medical services and supplies to prevent the spread ofdisease and epidemics;

(9) Quelling riots and civil disturbances;

(10) Training individuals or governmental agencies for the purpose ofperfecting the performance of emergency assistance duties as defined in thestate disaster plans;

(11) Procurement, storage, and transport of special emergencysupplies or equipment determined by the director to be necessary to providerapid response by state government to assist counties and municipalities inimpending or actual emergencies;

(12) Clearing or removing from publicly or privately owned land orwater, debris and wreckage which may threaten public health or safety; and

(13) Such other measures as are customarily necessary to furnishadequate relief in cases of catastrophe or disaster.

6. The governor may receive such voluntary contributions as may bemade from any source to aid in carrying out the purposes of this sectionand shall credit the same to the Missouri disaster fund.

7. All obligations and expenses incurred by the governor in theexercise of the powers and duties vested by the provisions of this sectionshall be paid by the state treasurer out of available funds in the Missouridisaster fund, and the commissioner of administration shall draw warrantsupon the state treasurer for the payment of such sum, or so much thereof asmay be required, upon receipt of proper vouchers provided by the directorof the state emergency management agency.

8. The provisions of this section shall be liberally construed inorder to accomplish the purposes of sections 44.010 to 44.130 and to permitthe governor to cope adequately with any emergency which may arise, and thepowers vested in the governor by this section shall be construed as beingin addition to all other powers presently vested in the governor and not inderogation of any existing powers.

9. Such funds as may be made available by the government of theUnited States for the purpose of alleviating distress from disasters may beaccepted by the state treasurer and shall be credited to the Missouridisaster fund, unless otherwise specifically provided in the act ofCongress making such funds available.

10. The foregoing provisions of this section notwithstanding, anyexpenditure or proposed series of expenditures which total in excess of onethousand dollars per project shall be approved by the governor prior to theexpenditure.