44.100. Emergency powers of governor. - Missouri Statutes

Emergency powers of governor.

44.100. 1. The emergency powers of the governor shall be as follows:

(1) The provisions of this section shall be operative only during theexistence of a state of emergency (referred to in this section as"emergency"). The existence of an emergency may be proclaimed by thegovernor or by resolution of the legislature, if the governor in hisproclamation, or the legislature in its resolution, finds that a natural orman-made disaster of major proportions has actually occurred within thisstate, and that the safety and welfare of the inhabitants of this staterequire an invocation of the provisions of this section;

(2) Any emergency, whether proclaimed by the governor or by thelegislature, shall terminate upon the proclamation thereof by the governor,or the passage by the legislature, of a resolution terminating suchemergency;

(3) During the period that the state of emergency exists orcontinues, the governor shall:

(a) Enforce and put into operation all plans, rules and regulationsrelating to disasters and emergency management of resources adopted underthis law and to assume direct operational control of all emergency forcesand volunteers in the state;

(b) Take action and give directions to state and local lawenforcement officers and agencies as may be reasonable and necessary forthe purpose of securing compliance with the provisions of this law and withthe orders, rules and regulations made pursuant thereof;

(c) Seize, take or requisition to the extent necessary to bring aboutthe most effective protection of the public:

a. Any means of transportation, other than railroads and railroadequipment and fuel, and all fuel necessary for the propulsion thereof;

b. Any communication system or part thereof necessary to the promptand efficient functioning of the emergency management of the state;

c. All stocks of fuel;

d. Facilities for housing, feeding and hospitalization of persons,including buildings and plants;

(d) Control, restrict and regulate by rationing, freezing, use ofquotas, prohibitions on shipments, price fixing, allocation or other meansthe use, sale or distribution of food, feed, fuel, clothing and othercommodities, materials, goods or services;

(e) Prescribe and direct activities in connection with but notlimited to use, conservation, salvage and prevention of waste of materials,services and facilities, including production, transportation, power andcommunication facilities, training and supply of labor, utilization ofindustrial plants, health and medical care, nutrition, housing, includingthe use of existing and private facilities, rehabilitation, education,welfare, child care, recreation, consumer protection and other essentialcivil needs;

(f) Use or distribute all or any of this property among theinhabitants of the state in any area adversely affected by a natural orman-made disaster and to account to the state treasurer for any fundsreceived thereof;

(g) Waive or suspend the operation of any statutory requirement oradministrative rule regarding the licensing, certification or issuance ofpermits evidencing professional, mechanical or other skills;

(h) Waive or suspend the operation of any statutory requirement oradministrative rule prescribing procedures for conducting state business,where strict compliance with such requirements and rules would prevent,hinder, or delay necessary action by the department of health and seniorservices to respond to a declared emergency or increased health threat tothe population;

(i) In accordance with rules or regulations, provide that all lawenforcement authorities and other emergency response workers and agenciesof other states who may be within this state at the request of the governoror pursuant to state or local mutual-aid agreements or compacts shall havethe same authority and possess the same powers, duties, rights, privilegesand immunities as are possessed by like law enforcement authorities andemergency response workers and agencies of this state;

(j) Perform and exercise such other functions, powers and duties asmay be necessary to promote and secure the safety and protection of thecivilian population;

(k) Authorize the director of finance and the director of creditunions to waive or suspend the operation of any statutory requirement oradministrative rule applicable to the division of finance, banking,financial services, or the division of credit unions and take action andgive direction to banks, credit unions, and financial institutions,including coordinating actions with emergency responders, federal agencies,and state banking and credit union associations as may be reasonable andnecessary to preserve the safety and soundness of banks, credit unions, andfinancial institutions; and facilitate disaster response and recoveryefforts to serve essential civil needs and protect the public interest.

2. When any property is seized, taken or requisitioned under thissection, the circuit court of the county in which the property was takenmay on the application of the owner thereof or on the application of thegovernor in cases where numerous claims may be filed, appoint threedisinterested commissioners in the manner provided by section 523.040,RSMo, to assess the damages which the owners may have sustained by reasonof the appropriation thereof. Upon the application the amount due becauseof the seizure of property shall be determined in the manner provided inchapter 523, RSMo, for the determination of damages in case of the exerciseof the power of eminent domain.

(L. 1951 p. 536 § 26.230, Reenacted L. 1953 p. 553, Reenacted L. 1955 p. 607, A.L. 1961 p. 483, A.L. 1967 p. 122, A.L. 1998 S.B. 743, A.L. 2007 H.B. 579, A.L. 2008 S.B. 951)