Modifies provisions relating to emergency powers

EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1101
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR MOON.
5695S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 44.010, 44.032, and 44.100, RSMo, and to enact in lieu thereof three new
sections relating to emergency powers.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 44.010, 44.032, and 44.100, RSMo, are 1
repealed and three new sections enacted in lieu thereof, to be 2
known as sections 44.010, 44.032, and 44.100, to read as 3
follows:4
44.010. As used in sections 44.010 to 44.130, the 1
following terms mean: 2
(1) "Agency", the state emergency management agency; 3
(2) "Bioterrorism", the intentional use of any 4
microorganism, virus, infectious substance, or biological 5
product that may be engineered as a result of biotechnology, 6
or any naturally occurring or bioengineered component of any 7
such microorganism, virus, infectious substance, or 8
biological product, to cause death, disease, or other 9
biological malfunction in a human, an animal, a plant, or 10
another living organism in order to influence the conduct of 11
government or to intimidate or coerce a civilian population; 12
(3) "Director", the director of the state emergency 13
management agency; 14
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(4) "Disasters", disasters which may result from 15
terrorism, including bioterrorism, or from fire, wind, 16
flood, earthquake, or other natural or man-made causes; 17
(5) "Disaster area", a geographic area or areas within 18
the state which have been designated as such by the governor 19
or by resolution of the general assembly, due to the 20
occurrence of a disaster, for the purpose of providing 21
economic or other relief as provided in section 44.032; 22
(6) "Economic or geographic area", an area or areas 23
within the state, or partly in this state and adjacent 24
states, comprising political subdivisions grouped together 25
for purposes of administration, organization, control or 26
disaster recovery and rehabilitation in time of emergency; 27
[(6)] (7) "Emergency", any state of emergency declared 28
by proclamation by the governor, or by resolution of the 29
legislature pursuant to sections 44.010 to 44.130 upon the 30
actual occurrence of a natural or man-made disaster of major 31
proportions within this state when the safety and welfare of 32
the inhabitants of this state are jeopardized; 33
[(7)] (8) "Emergency management", government at all 34
levels performing emergency functions, other than functions 35
for which military forces are primarily responsible; 36
[(8)] (9) "Emergency management functions", "emergency 37
management activities" and "emergency management service", 38
those functions required to prepare for and carry out 39
actions to prevent, minimize and repair injury and damage 40
due to disasters, to include emergency management of 41
resources and administration of such economic controls as 42
may be needed to provide for the welfare of the people, 43
either on order of or at the request of the federal 44
government, or in the event the federal government is 45
incapable of administering such control; 46
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[(9)] (10) "Emergency resources planning and 47
management", planning for, management and coordination of 48
national, state and local resources; 49
[(10)] (11) "Executive officer of any political 50
subdivision", the county commission or county supervisor or 51
the mayor or other manager of the executive affairs of any 52
city, town, village or fire protection district; 53
[(11)] (12) "Local organization for emergency 54
management", any organization established under this law by 55
any county or by any city, town, or village to perform local 56
emergency management functions; 57
[(12)] (13) "Management", the activities of the 58
emergency management director in the implementation of 59
emergency operations plans during time of emergency; 60
[(13)] (14) "Planning", activities of the state and 61
local emergency management agency in the formulation of 62
emergency management plans to be used in time of emergency; 63
[(14)] (15) "Political subdivision", any county or 64
city, town or village, or any fire district created by law; 65
[(15)] (16) "Urban search and rescue task force", any 66
entity whose primary responsibility is to locate, remove, 67
and provide medical care to persons in collapsed buildings. 68
44.032. 1. (1) As used in this section, the term 1
"rural electric cooperative" means any rural electric 2
cooperative organized or operating under the provisions of 3
chapter 394, any corporation organized on a nonprofit or a 4
cooperative basis as described in subsection 1 of section 5
394.200, or any electrical corporation operating under a 6
cooperative business plan as described in subsection 2 of 7
section 393.110. 8
(2) The general assembly recognizes the necessity for 9
anticipating and making advance provisions to care for the 10
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unusual and extraordinary burdens imposed by disasters or 11
emergencies on this state, its political subdivisions, and 12
rural electric cooperatives. To meet such situations, it is 13
the intention of the general assembly to confer emergency 14
powers on the governor, acting through the director, and 15
vesting the governor with adequate power and authority 16
within the limitation of available funds in the Missouri 17
disaster fund to meet any such emergency or disaster. 18
2. There is hereby established a fund to be known as 19
the "Missouri Disaster Fund", to which the general assembly 20
may appropriate funds and from which funds may be 21
appropriated annually to the state emergency management 22
agency. The funds appropriated shall be expended during a 23
state emergency at the direction of the governor and upon 24
the issuance of an emergency declaration which shall set 25
forth the emergency, or the designation of a disaster area 26
as defined in section 44.010, and shall state that it 27
requires the expenditure of public funds to furnish 28
immediate aid and relief. The director of the state 29
emergency management agency shall administer the fund. 30
3. Expenditures may be made upon direction of the 31
governor for emergency management, as defined in section 32
44.010, or to implement the state disaster plans. 33
Expenditures may also be made to meet the matching 34
requirements of state and federal agencies for any 35
applicable assistance programs. 36
4. Assistance may be provided from the Missouri 37
disaster fund to political subdivisions of this state and 38
rural electric cooperatives that have suffered from a 39
disaster to such an extent as to impose a severe financial 40
burden exceeding the ordinary reserve capacity of the 41
subdivision or rural electric cooperative affected. 42
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Applications for aid under this section shall be made to the 43
state emergency management agency on such forms as may be 44
prescribed and furnished by the agency, which forms shall 45
require the furnishing of sufficient information to 46
determine eligibility for aid and the extent of the 47
financial burden incurred. The agency may call upon other 48
agencies of the state in evaluating such applications. The 49
director of the state emergency management agency shall 50
review each application for aid under the provisions of this 51
section and recommend its approval or disapproval, in whole 52
or in part, to the governor. If approved, the governor 53
shall determine and certify to the director of the state 54
emergency management agency the amount of aid to be 55
furnished. The director of the state emergency management 56
agency shall thereupon issue the director's voucher to the 57
commissioner of administration, who shall issue the 58
commissioner's warrants therefor to the applicant. 59
5. When a disaster or emergency has been proclaimed by 60
the governor or there is a national emergency, the director 61
of the state emergency management agency, upon order of the 62
governor, shall have authority to expend funds for the 63
following: 64
(1) The purposes of sections 44.010 to 44.130 and the 65
responsibilities of the governor and the state emergency 66
management agency as outlined in sections 44.010 to 44.130; 67
(2) Employing, for the duration of the response and 68
recovery to emergency, additional personnel and contracting 69
or otherwise procuring necessary appliances, supplies, 70
equipment, and transport; 71
(3) Performing services for and furnishing materials 72
and supplies to state government agencies, counties, 73
municipalities, and rural electric cooperatives with respect 74
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to performance of any duties enjoined by law upon such 75
agencies, counties, municipalities, and rural electric 76
cooperatives which they are unable to perform because of 77
extreme natural or man-made phenomena, and receiving 78
reimbursement in whole or in part from such agencies, 79
counties, municipalities, and rural electric cooperatives 80
able to pay therefor under such terms and conditions as may 81
be agreed upon by the director of the state emergency 82
management agency and any such agency, county, municipality, 83
or rural electric cooperative; 84
(4) Performing services for and furnishing materials 85
to any individual in connection with alleviating hardship 86
and distress growing out of extreme natural or man-made 87
phenomena, and receiving reimbursement in whole or in part 88
from such individual under such terms as may be agreed upon 89
by the director of the state emergency management agency and 90
such individual; 91
(5) Providing services to counties and municipalities 92
with respect to quelling riots and civil disturbances; 93
(6) Repairing and restoring public infrastructure; 94
(7) Furnishing transportation for supplies to 95
alleviate suffering and distress; 96
(8) Furnishing medical services and supplies to 97
prevent the spread of disease and epidemics; 98
(9) Quelling riots and civil disturbances; 99
(10) Training individuals or governmental agencies for 100
the purpose of perfecting the performance of emergency 101
assistance duties as defined in the state disaster plans; 102
(11) Procurement, storage, and transport of special 103
emergency supplies or equipment determined by the director 104
to be necessary to provide rapid response by state 105
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government to assist counties and municipalities in 106
impending or actual emergencies; 107
(12) Clearing or removing from publicly or privately 108
owned land or water, debris and wreckage which may threaten 109
public health or safety; 110
(13) Reimbursement to any urban search and rescue task 111
force for any reasonable and necessary expenditures incurred 112
in the course of responding to any declared emergency under 113
this section; and 114
(14) Such other measures as are customarily necessary 115
to furnish adequate relief in cases of catastrophe or 116
disaster. 117
6. The governor may receive such voluntary 118
contributions as may be made from any source to aid in 119
carrying out the purposes of this section and shall credit 120
the same to the Missouri disaster fund. 121
7. All obligations and expenses incurred by the 122
governor in the exercise of the powers and duties vested by 123
the provisions of this section shall be paid by the state 124
treasurer out of available funds in the Missouri disaster 125
fund, and the commissioner of administration shall draw 126
warrants upon the state treasurer for the payment of such 127
sum, or so much thereof as may be required, upon receipt of 128
proper vouchers provided by the director of the state 129
emergency management agency. 130
8. The provisions of this section shall be liberally 131
construed in order to accomplish the purposes of sections 132
44.010 to 44.130 and to permit the governor to cope 133
adequately with any emergency which may arise, and the 134
powers vested in the governor by this section shall be 135
construed as being in addition to all other powers presently 136
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vested in the governor and not in derogation of any existing 137
powers. 138
9. Such funds as may be made available by the 139
government of the United States for the purpose of 140
alleviating distress from disasters may be accepted by the 141
state treasurer and shall be credited to the Missouri 142
disaster fund, unless otherwise specifically provided in the 143
act of Congress making such funds available. 144
10. The foregoing provisions of this section 145
notwithstanding, any expenditure or proposed series of 146
expenditures which total in excess of one thousand dollars 147
per project shall be approved by the governor prior to the 148
expenditure. 149
44.100. 1. The emergency powers of the governor shall 1
be as follows: 2
(1) The provisions of this section shall be operative 3
only during the existence of a state of emergency (referred 4
to in this section as "emergency"). Any emergency shall be 5
limited to the least restrictive geographic area and the 6
provisions of this section shall be enforced in the least 7
intrusive, disruptive, or restrictive manner to the economic 8
and social activities of the citizens of this state. The 9
existence of an emergency may be proclaimed by the governor 10
or by resolution of the legislature, if the governor in his 11
proclamation, or the legislature in its resolution, finds 12
that a natural or man-made disaster of major proportions has 13
actually occurred within this state, and that the safety and 14
welfare of the inhabitants of this state require an 15
invocation of the provisions of this section; 16
(2) Any emergency proclaimed by the governor may be 17
called for no more than ten days unless extended by a 18
concurrent resolution of the general assembly. Any 19
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emergency proclaimed by resolution of the general assembly, 20
or any extension of an emergency, shall be called for no 21
more than thirty days and such resolution shall be by a two- 22
thirds majority of the members of both the house of 23
representatives and the senate. Any emergency, whether 24
proclaimed by the governor or by the legislature, shall 25
terminate upon the proclamation thereof by the governor, or 26
the passage by the legislature, of a resolution terminating 27
such emergency; 28
(3) During the period that the state of emergency 29
exists or continues, the governor shall: 30
(a) Enforce and put into operation all plans, rules 31
and regulations relating to disasters and emergency 32
management of resources adopted under this law and to assume 33
direct operational control of all emergency forces and 34
volunteers in the state; 35
(b) Take action and give directions to state and local 36
law enforcement officers and agencies as may be reasonable 37
and necessary for the purpose of securing compliance with 38
the provisions of this law and with the orders, rules and 39
regulations made pursuant thereof; 40
(c) Seize, take or requisition to the extent necessary 41
to bring about the most effective protection of the public: 42
a. Any means of transportation, other than railroads 43
and railroad equipment and fuel, and all fuel necessary for 44
the propulsion thereof; 45
b. Any communication system or part thereof necessary 46
to the prompt and efficient functioning of the emergency 47
management of the state; 48
c. All stocks of fuel; 49
d. Facilities for housing, feeding and hospitalization 50
of persons, including buildings and plants; 51
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(d) Control, restrict and regulate by rationing, 52
freezing, use of quotas, prohibitions on shipments, price 53
fixing, allocation or other means the use, sale or 54
distribution of food, feed, fuel, clothing and other 55
commodities, materials, goods or services; 56
(e) Prescribe and direct activities in connection with 57
but not limited to use, conservation, salvage and prevention 58
of waste of materials, services and facilities, including 59
production, transportation, power and communication 60
facilities, training and supply of labor, utilization of 61
industrial plants, health and medical care, nutrition, 62
housing, including the use of existing and private 63
facilities, rehabilitation, education, welfare, child care, 64
recreation, consumer protection and other essential civil 65
needs; 66
(f) Use or distribute all or any of this property 67
among the inhabitants of the state in any area adversely 68
affected by a natural or man-made disaster and to account to 69
the state treasurer for any funds received thereof; 70
(g) Waive or suspend the operation of any statutory 71
requirement or administrative rule regarding the licensing, 72
certification or issuance of permits evidencing 73
professional, mechanical or other skills; 74
(h) Waive or suspend the operation of any statutory 75
requirement or administrative rule prescribing procedures 76
for conducting state business, where strict compliance with 77
such requirements and rules would prevent, hinder, or delay 78
necessary action by the department of health and senior 79
services to respond to a declared emergency or increased 80
health threat to the population; 81
(i) In accordance with rules or regulations, provide 82
that all law enforcement authorities and other emergency 83
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response workers and agencies of other states who may be 84
within this state at the request of the governor or pursuant 85
to state or local mutual-aid agreements or compacts shall 86
have the same authority and possess the same powers, duties, 87
rights, privileges and immunities as are possessed by like 88
law enforcement authorities and emergency response workers 89
and agencies of this state; 90
(j) Perform and exercise such other functions, powers 91
and duties as may be necessary to promote and secure the 92
safety and protection of the civilian population; 93
(k) Authorize the director of finance and the director 94
of credit unions to waive or suspend the operation of any 95
statutory requirement or administrative rule applicable to 96
the division of finance, banking, financial services, or the 97
division of credit unions and take action and give direction 98
to banks, credit unions, and financial institutions, 99
including coordinating actions with emergency responders, 100
federal agencies, and state banking and credit union 101
associations as may be reasonable and necessary to preserve 102
the safety and soundness of banks, credit unions, and 103
financial institutions; and facilitate disaster response and 104
recovery efforts to serve essential civil needs and protect 105
the public interest. 106
2. When any property is seized, taken or requisitioned 107
under this section, the circuit court of the county in which 108
the property was taken may on the application of the owner 109
thereof or on the application of the governor in cases where 110
numerous claims may be filed, appoint three disinterested 111
commissioners in the manner provided by section 523.040 to 112
assess the damages which the owners may have sustained by 113
reason of the appropriation thereof. Upon the application 114
the amount due because of the seizure of property shall be 115
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determined in the manner provided in chapter 523 for the 116
determination of damages in case of the exercise of the 117
power of eminent domain. 118
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