Missouri Emergency Management and Homeland Security Authorities Summarized.
CRS Report for Congress
Missouri Emergency Management and Homeland
Security Authorities Summarized
March 23, 2004
Keith Bea
Specialist in American National Government
Government and Finance Division
Sula P. Richardson
Analyst in American National Government
Government and Finance Division
L. Cheryl Runyon and Kae M. Warnock
Consultants
Government and Finance Division
Congressional Research Service ˜ The Library of Congress
Missouri Emergency Management and Homeland
Security Authorities Summarized
Summary
Missouri addresses emergencies under civil defense and natural disaster statutes.
The Joint Committee on Terrorism, Bioterrorism and Homeland Security of the
General Assembly is responsible for terrorism preparedness and evaluating the need
for policy changes. Aid is provided through the Missouri disaster fund, and relief
funds are accepted from the federal government and private contributors. Both the
governor and the legislature can declare an emergency. Earthquake response is a
significant part of Missouri’s disaster codes.
This report is one of a series that profiles emergency management and homeland
security statutory authorities of the 50 states, the District of Columbia, the
Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico,
American Samoa, Guam, and the U.S. Virgin Islands. Each profile identifies the
more significant elements of state statutes, generally as codified. Congressional
readers may wish to conduct further searches for related provisions using the Internet
link presented in the last section of this report. The National Conference of State
Legislatures provided primary research assistance in the development of these
profiles under contract to the Congressional Research Service (CRS). Summary
information on all of the profiles is presented in CRS Report RL32287. This report
will be updated as developments warrant.
Contents
Entities with Key Responsibilities.................................1
Preparedness .................................................2
Declaration Procedures.........................................3
Types of Assistance............................................3
Mutual Aid...................................................3
Funding .....................................................4
Hazard Mitigation.............................................5
Continuity of Government Operations..............................5
Other .......................................................5
Key Terms...................................................6
For Further Research...........................................7
List of Tables
Table 1. Key Emergency Management and Homeland Security
Terms Defined in Missouri Statutes, with Citations...................6
Missouri Emergency Management and
Homeland Security Authorities Summarized
Entities with Key Responsibilities
Governor: The governor exercises general direction and control of the state
emergency management agency. In a disaster that exceeds local capabilities the
governor assumes direct operational control over all or any part of emergency
functions, and makes, amends, and rescinds orders, rules, and regulations to carry out
emergency management provisions, with due consideration of federal policies and
plans. The governor may establish and appoint volunteer disaster or state agency
committees as needed to assemble and evaluate information regarding emergency
matters (Mo. Rev. Stat. §44.022,1., 3.(1),(7)).
During a state of emergency, the governor may: assume direct operational
control of all emergency forces and volunteers; seize any means of transportation,
communication, stocks of fuel, and housing for the feeding and hospitalization of
persons; regulate the use or sale of food, fuel, and other commodities or services;
direct the conservation or salvage of essential supplies; and suspend licensing and
certification requirements for professional, mechanical or other skills. The statute
extends the same authority, powers, rights, and immunities to law enforcement and
other emergency response workers and agencies of other states, as are given to like
workers and agencies of the state. The statute provides for the assessment of
damages in cases of property takings (Mo. Rev. Stat. §44.100.1.(3), 2.).
State Emergency Management Agency: The EMA, within the military division
of the executive department, assists in the coordination of national, state and local
emergency functions by coordinating response, recovery, planning and mitigation
activities. The agency also serves as the statewide coordinator for activities
associated with the National Flood Insurance Program (Mo. Rev. Stat. §44.020).
Adjutant General: The adjutant general heads the emergency management
agency, subject to direction and control of governor (Mo. Rev. Stat. §44.024).
Joint Committee on Terrorism, Bioterrorism, and Homeland Security: The
committee analyzes terrorism and bioterrorism preparedness for state government;
devises standard reporting system for biennial review of each government agency’s
preparedness status; determines the need for statutory law changes; and makes
recommendations to the General Assembly. The committee makes recommendations
to the General Assembly that are necessary to provide adequate terrorism,
bioterrorism and homeland security protections (Mo. Rev. Stat. §21.800.1).
Local emergency management organizations: Political subdivisions are
authorized to establish local organizations for disaster planning in accordance with
the state emergency operations plan. The executive officer of political subdivision
is authorized to appoint a coordinator responsible for the organization,
administration, and operation of the local emergency management operations. Each
local organization is responsible for the performance of emergency management
functions within its territorial limits, and may conduct these functions outside those
limits as required. Each political subdivision may appropriate and expend funds,
make contracts, obtain and distribute equipment, materials, and supplies; provide for
health and safety; and provide, or remove rescue teams, auxiliary fire and police
personnel and other emergency operations teams, units or personnel who may serve
without compensation (Mo. Rev. Stat. §44.080).
Missouri Emergency Response Commission: The commission, established
within the department of public safety, is composed of department directors of
economic development and natural resources among others, gubernatorial appointees,
state legislators and representatives of local government and private industry.
Commission members represent the general public and have emergency response
technical expertise (Mo.Rev. Stat. §292-602).
Preparedness
In order to meet disaster and emergency situations, the legislature confers
emergency powers on the governor, acting through the director of emergency
management, and gives governor power and authority within the limitation of
available disaster funds (Mo. Rev. Stat. §44.032.1).
The statute requires a review of and recommendations for programs and
techniques to improve preparedness for and response to damaging earthquakes with
special attention to hazard control measures, pre-earthquake emergency planning,
readiness of emergency services, and planning for post-earthquake reconstruction and
redevelopment (Mo. Rev. Stat. §44.237).
The state EMA is required to establish an emergency volunteer program to be
activated in the event of a disaster. Architects, professional engineers, construction
contractors, equipment dealers and other owners and operators of construction
equipment may volunteer the use of their services and equipment for up to three days
as requested and needed by the state emergency management agency. The statute
provides for incidental expenses to be paid by the local jurisdiction, and limits
liability (Mo. Rev. Stat. §44.023. 1).
The state Emergency Response Commission provides emergency training to
local emergency planning committees and other local officials. The department of
safety coordinates training and periodically reports to the commission on training
activities (Mo. Rev. Stat. §292.602 (6).
The governor and the executive officers or governing bodies of political
subdivisions are directed to use the services, equipment, supplies and facilities of
existing departments, offices, and agencies to the maximum extent practicable (Mo.
Rev. Stat. §44.110. 1).
In any emergency due to a natural or man-made disaster, the governor may order
the suspension of the activities, functions and duties of any agency, officer, or
employee of the state or a political subdivision, and may direct the personnel to
render services and provide facilities for emergency management functions within
or without the state (Mo. Rev. Stat. §44.110. 1. 2.).
The director of environmental control must develop a Hazardous Substance
Emergency Response Plan, in consultation and cooperation with affected industries,
and in cooperation and with the approval of the Departments of Public Safety, Social
Services, Agriculture, Conservation, Transportation, and Economic Development.
The department may enter into agreements with any state agency or unit of local
government, with the federal government, and with other persons as necessary to
develop and implement the plan (Mo. Rev. Stat. §260.505.1).
The statute establishes training standards for Department of Public Safety
employees responsible for responding to 911 emergency calls (Mo. Rev. Stat.
§650.430).
Declaration Procedures
An emergency is to be proclaimed by the governor or by resolution of the
legislature if either finds that a natural or manmade disaster had occurred and the
safety and welfare of citizens requires governor’s emergency powers. Any
emergency, whether proclaimed by the governor or by the legislature, terminates
upon proclamation by the governor, or by passage of a resolution by the legislature
(Mo. Rev. Stat. §44.100.1(1-2).
Types of Assistance
The Department of Safety monitors state grants for operations of all state
emergency units. Funds are made available by the General Assembly for emergency
operations and appropriated annually (Mo. Rev. Stat. §195.509).
The statute authorizes the state to accept federal goods and services on behalf
of itself and its subdivisions for the purpose of emergency management (Mo. Rev.
Stat. §44.028).
Mutual Aid
The Emergency Mutual Aid Compact (EMAC) is codified (Mo. Rev. Stat.
§44.415).
The Interstate Earthquake Emergency Compact provides for mutual aid to be
provided among the states in meeting any emergency or disaster caused by
earthquakes or other seismic disturbances. Agencies must develop and follow
procedures to assure the maintenance of resource inventories and exchange
information about earthquakes and disaster response (Mo. Rev. Stat. §256.155).
The executive officer of any political subdivision, with gubernatorial approval,
may enter into mutual-aid agreements with other public and private agencies within
and without the state for reciprocal emergency aid. The agreements must be
consistent with the state disaster plan. The coordinator of each local organization for
emergency management may assist in the negotiation of reciprocal mutual-aid
agreements involving his or her organization and other public and private agencies,
and among the governor and the adjoining states or political subdivisions (Mo. Rev.
Stat. §44.090. 1).
The governor may enter into mutual aid arrangements with other states,
coordinate mutual aid plans between political subdivisions, and economic and
geographic areas; cooperate with the president, the Federal Emergency Management
Agency (FEMA), and other appropriate federal officers and agencies (Mo. Rev. Stat.
§44.022.3(3),(6)).
Funding
The statute requires that funds be appropriated annually by the General
Assembly for the Missouri disaster fund. Funds are to be expended at the governor’s
direction upon issuance of an emergency declaration stating that the expenditure of
public funds is required to furnish aid and relief. The director of EMA administers
the fund. Expenditures are to be made for emergency management at the governor’s
direction; to implement the state disaster plans; or to meet matching requirements of
state and federal agencies for assistance programs (Mo. Rev. Stat. §44.032.3).
Assistance is to be provided from the disaster fund to political subdivisions when a
disaster creates a severe financial burden exceeding the ordinary reserve capacity.
The statute authorizes other state agencies to evaluate applications for such
assistance. If assistance is approved, the governor is to determine the amount of aid
to be provided. During a declared disaster or emergency the governor may expend
funds for employing additional emergency personnel; performing services for and
furnishing materials and supplies to state government agencies, counties,
municipalities and individuals; restoring public infrastructure; furnishing medical
services and supplies; quelling riots and civil disturbances; and training individuals
or governmental agencies in emergency assistance (Mo. Rev. Stat. §44.032.2 to .5).
Federal funds made available to alleviate distress from disaster may be accepted
by the state treasurer and credited to the state disaster fund (Mo. Rev. Stat. §44-
The Emergency Response Commission is authorized to receive and administer
grants or other funds or gifts from public and private agencies, including the federal
government, to carry out functions and responsibilities of emergency response (Mo.
Rev. Stat. §292.602 (4). The commission and Department of Public Safety are
funded by chemical emergency preparedness fund and general revenue appropriations
(Mo. Rev. Stat. §292.604). Local emergency planning committees receiving funds
may combine those funds with other local emergency planning committees . The
commission must establish criteria and guidance on how funds should be used by
local emergency planning committees (Mo. Rev. Stat. §292.606).
The statute established the antiterrorism fund, which is comprised of
appropriations, donations, and gifts. The fund, upon appropriation, is to be used by
the state homeland security office for antiterrorism activities, including the
prevention, detection, and response to terrorism by state and local agencies (Mo. Rev.
Stat. §41.033).
Hazard Mitigation
The statute created the Seismic Safety Commission and outlines its duties
regarding hazard mitigation; sets goals and priorities in public and private sectors;
directs state agencies to devise criteria to promote earthquake and disaster safety; and
scheduled a report on disaster mitigation to be issued by the emergency management
agency (Mo. Rev. Stat. §44.227 to 233).
The director of the Department of Environmental Control or the commission is
to take action to protect human and environmental health if hazardous waste were to
escape into the environment and expose people to waste that could cause death,
disabling personal injury, serious acute or chronic disease, or serious environmental
harm (Mo. Rev. Stat. §260.420).
Continuity of Government Operations
The legislature, in order to ensure continuity of state and local governmental
operations in periods of emergency resulting only from disasters caused by enemy
attack, is to immediately convene in Jefferson City or a place designated by a joint
proclamation of the highest presiding officers of each house. The assembly may
adopt any legislation necessary and proper for insuring the continuity of
governmental operations. Elections are to be called as soon as possible to fill any
elective vacancies in any office temporarily occupied (Mo. Const. Art. 3, §46(a)).
Other
Records and meetings are exempt from public information requirements if they
are related to existing or proposed security systems and structural plans of real
property owned or leased by a public governmental body, if disclosure were deemed
a threat to public safety. The public governmental body must state in writing that the
disclosure would impair ability to protect the security or safety of persons or real
property and that the public interest in nondisclosure of the records outweighs that
of public interest. The exception terminates on December 31, 2006 (Mo. Rev. Stat.
§610.021).
The governor may direct an administrative agency, officer or state or political
subdivision employee personnel to render services or provide facilities as needed for
emergency management functions inside or outside the state. In the event of an
order, any law that requires specific performance of civil duties by officers or
employees is suspended as long as they are engaged in emergency management
functions (Mo. Rev. Stat. §44.110).
The statute disqualifies persons involved in subversive activities from
employment with emergency management agencies and requires an oath of loyalty.
(Mo. Rev. Stat. §44.115).
State emergency organizations are prohibited from engaging in political
activities (Mo. Rev. Stat. §44.113).
Every plan, rule, and regulation adopted by the governor must be filed in the
office of the secretary of state (Mo. Rev. Stat. §44.130).
Key Terms
Table 1. Key Emergency Management and Homeland Security
Terms Defined in Missouri Statutes, with Citations
TermsCitations
BioterrorismMo. Rev. Stat. §44.010 (2)
DisastersMo. Rev. Stat. §44.010 (4)
District or local emergency planningMo. Rev. Stat. §292-600 (2)
committee
EmergencyMo. Rev. Stat. §44.010 (6)
Emergency managementMo. Rev. Stat. §44-010 (7)
Emergency management functionsMo. Rev. Stat. §44-010 (8)
Emergency resources planning andMo. Rev. Stat. §44.010 (9)
management
Executive officer of any politicalMo. Rev. Stat. §44.010 (10)
subdivision
Hazardous substanceMo. Rev. Stat. §292.600 (4)
Local organization for emergencyMo. Rev. Stat. §44.010 (11)
management
Material supportMo. Rev. Stat. §576.088
PlanningMo. Rev. Stat. §44.010 (13)
For Further Research
The citations noted above and other elements of the state code for Missouri may
be searched at: [http://www.moga.state.mo.us/homestat.asp]